Concept Analysis: The Concept And Concept Of Human Rights

CHAPTER TWO

CONCEPTUAL ANALYSIS OF HUMAN RIGHT

2.0.0 INTRODUCTION

Human right as it is understood today has evolved over the centuries. Though the word "Human Rights" seems to have a modern face, human rights are old as human civilization. It is the universal believe, that every person by virtue of humanity is entitled to certain natural rights, this is well established throughout the history of mankind and it formed the underlying principle of Human rights.

The concept of human rights can be traced to specific landmark documents, such as the code of Hammurabi, Magna Carta, the French Déclaration des Droits de l'Homme et du Citoyen (the French Declaration on the Rights of Man and the citizen), and The American Bill of Rights. Although all of

Human rights are explained as some form of right due to a person in a social context because he is human .

Looking at the concept of human rights from a historical perspective, it would be seen that it is neither entirely western nor so modern; rather it is the crystallization of values that are common heritage of mankind .

The expression "Human Rights" denotes all those rights, which are inherent in our nature without which we cannot live as human beings. Human Rights being eternal part of the nature of human beings are essential for individuals to develop their personality, their human qualities, intelligence, talent and conscience and to satisfy their spiritual and other higher needs. Further it is described that the rights, which are natural and inherent for the life and happiness of every individual are called human rights. These rights are indispensable for the maintenance of human dignity and the individual enjoys these rights from birth to death

Human rights are the rights that everyone has equally by virtue of their humanity. It is grounded in an appeal to our human nature. Christian Bay defined human rights as any claims that ought to have legal and moral protection to make sure that basic needs will be met. Christian Bay sees Human rights as those minimum rights which every individual must have against the state or other public authority by virtue of his being a member of the human family. Raphael sees human rights in a general sense denote the rights of humans. However, in a more specific sense, human rights constitute those rights which one has precisely because of being a human. In the words of Michael Freeden, human rights is a conceptual device, expressed in linguistic form that assigns priority to certain human or social attributes regarded as essential to the adequate functioning of a human being that is intended to serve as a protective capsule for those attributes; and that appeals for a deliberate action to ensure such a