ISSN : 2583-8725

Theoretical Foundation of International Human Rights

This article delves into the theoretical foundations of international human rights, exploring various approaches that have shaped our understanding of these rights. The Natural Law Approach emphasizes inherent equality but relies on methods open to interpretation. The Historical Approach considers cultural influence but risks neglecting individual rights. The Positivist Approach sees law as sovereign-made but lacks a connection to people’s will. The Marxist Approach envisions human rights in classless societies. The Social Science Approach analyses rights within social processes but lacks clear legal connections. The article also discusses the evolution of human rights theories, from natural law to John Locke’s influence on America’s Bill of Rights. It categorizes human rights into natural, moral, fundamental, legal, civil and political, and social rights. Two overarching perspectives, the philosophical and pragmatic approaches, provide insight into the nature and application of these rights.

In conclusion, this article underscores the essential role of human rights in society, emphasizing their contribution to prosperity, individual dignity, and moral principles. While acknowledging the importance of human rights, it also highlights the need for responsible use and protection of these rights in the context of law and necessity.

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