The Concept of Human Rights and Their Historical Origins
This chapter discusses the concept of human rights (first) and then their
historical origins (second).It also
employs terms such as "people" or "individual" rather than politically loaded
terms like "citizen" or "subject." The universality of human rights has been reinforced through the development
of international human rights law, which has expanded over time with various
global sources and has been structured into numerous binding treaties. However,
ideological, material, and social challenges still pose obstacles to the full
realization of these rights. B- Generality and Inclusiveness:
If the universality of human rights means recognition of equality in the rights of
all peoples, then their inclusiveness signifies recognition of these rights for all
peoples and individuals, regardless of their identity. Inclusiveness implies that human rights apply to all people without distinction--
between male and female, white and black, rich and poor, and so on.
Human rights are characterized by generality and inclusiveness because they
belong to human beings simply by virtue of being human, at all times and in all
places, and for all individuals. They are inherent and inseparable from human
beings, whether they are deprived of them or not. C- The Inalienability of Rights
The inalienability of rights is a fundamental characteristic of the universality of
human rights. The universality of these rights can only be fully realized if rights
and obligations are understood as interconnected and complementary. Human
rights are indivisible, meaning they must be recognized in their entirety while
ensuring respect for the rights of different generations, taking into account the
specific nature and individuality of each. This ensures, at least theoretically, an
equal level of importance for all types of rights. Human rights are also inalienable because they are intrinsically linked to
essential interests aimed at preserving the individual's material and moral
existence. Any violation of these rights can lead to human suffering, and
therefore, they cannot be subject to renunciation, bargaining, or waiver. However, inalienability does not mean the absence of restrictions on these
rights. They can be regulated and exercised in a way that ensures their
enjoyment for all humanity. If the exercise of certain rights conflicts with the
rights of others, appropriate limitations may be established to maintain balance
and harmony. D- The Susceptibility of Rights to Regulation
A human being does not live in isolation but within society. Therefore, their
enjoyment of rights and freedoms is not absolute and without conditions. Rather, it may be subject to legal regulations to protect the interests of the
community. This regulation is considered an exception that should not be
expanded arbitrarily. Its application must be carefully determined within the
necessary limits, ensuring that it does not lead to the destruction of the
essence of human rights. E- The Principle of Interdependence
The fundamental nature of human rights lies in their interconnectedness and
complementarity, making them inalienable. They are mutually dependent,
meaning that fully realizing one right often relies on the realization of other
rights. For example, the right to food is closely linked to the right to work. The interdependence of human rights means that different types of rights are
complementary, as they share common foundations. They all fall under the
category of human rights and apply to individuals both as biological beings and
as social entities, considering their humanity. F- The Principle of Diversity and Evolution
Human rights evolve in response to the changes of the times. Their scope may
expand due to various circumstances, and their interpretation may vary from
one era to another. A clear example of this is the right to security, which has
taken different forms throughout history depending on societal needs and
developments. Secondly - The Historical Origins of Human Rights
Since the emergence of the first social structures, humans have sought to
establish agreements based on rules to ensure stability within these entities. Choosing negotiation as the most viable option, certain legislations emerged in
response, such as those found in Babylonian civilization, African civilizations,
and Roman civilization. The aforementioned civilizations did not enshrine human rights in their
fundamental modern sense. Instead, their legal frameworks were
predominantly based on inequality and clear discrimination between
individuals, often undermining human dignity, institutionalizing slavery, and
reinforcing the power of masters and certain social classes. The issue of human rights entered the legal framework as political societies
evolved and governance tools developed. Initially, these were merely
intellectual and philosophical principles, later materializing in key national
documents such as the Magna Carta in 1215, the Petition of Right in 1628, and
the Bill of Rights in 1689. These documents were all aimed at limiting
monarchical tyranny and restricting absolute power. Some researchers believe that the term "human rights" first appeared in
political texts in the 18th century.This differs from the
term "individual" as it considers the physical, intellectual, and dignified
aspects of a person, which are central to human rights. The nature of rights. One of the challenges in defining human rights is
the difficulty of establishing a final list of rights, as they evolve over time
with the development of thought, societies, and historical changes. The protection element. There is no value in recognizing human rights if
they are not safeguarded at the national and international levels. 2- Characteristics of Human Rights
Human rights are distinguished by a set of key characteristics:
A- Universality:
Various civilizations and cultures have contributed to the establishment of
human rights, which are now universally recognized for all people without
distinction, regardless of gender, language, religion, race, or belief. The Universal Declaration of Human Rights of 1948 affirmed the universality of
human rights. The title "universal" rather than "international" reflects this
perspective, as it is universal in its nature, spirit, and scope of application.It is not easy to arrive at a precise definition of the term "human rights" despite
its widespread use and increasing application in political, legal, religious, and
scientific principles. This difficulty arises due to the variation in standards and
considerations used in defining the concept, as well as the multiple references
from which the term is derived. Therefore, we will be content with presenting
some academic definitions of human rights. Some scholars argue that "the science of human rights" is a specialized branch
of social sciences that examines the relationships between people based on
human dignity.Another perspective views the concept of human rights as an indication of the
existence of legitimate claims or obligations based on moral foundations shared
by all humans, without discrimination based on gender, race, color, belief, or
social class--all grounded in the principle of equality among them.Some define human rights as the rights of the recognized person at the
national and international levels, which are ensured within a given civilizational
context--aligned with the affirmation of human dignity and the preservation of
the general order of a particular system.Additionally, there are rights aimed at
ensuring and protecting the meaning of humanity in various political,
economic, social, and cultural fields.These texts emerged as declarations, such as
the Virginia Declaration of Rights on June 12, 1776, which was the first
document to enshrine certain individual rights and freedoms.1- Definition of Human Rights
The word "right" is commonly used in two different meanings. It is traditionally
distinguished between the "personal" and the "objective" meanings.In the objective sense, it refers to a set of rules applicable to
individuals and governing their rights and obligations.This definition highlights three fundamental elements:



Human rights constitute a distinct field of study.Some researchers also note that the phrase "human rights" appeared in
various American declarations but without directly combining the words
"rights" and "human."It also studies the diversity of rights and mechanisms necessary
for establishing the personal well-being of every individual.First: The Concept of Human Rights
In this section, we will explore the definition of human rights and their various
characteristics.Just as this definition delves into a general concept related to personality
development, the importance of human dignity raises questions: Where does it
begin, and where does it end?In the
personal sense, the right is considered an individual's entitlement, allowing
them to exercise a certain action or demand something, which is legally
recognized.Furthermore, no individual should be deprived of these rights.The definitions mentioned above suggest that the concept of human rights is
based on three elements:

The beneficiary of rights, i.e., the human being.Other examples
include the United States Declaration of Independence on July 4, 1776, and the
Declaration of the Rights of Man and of the Citizen on August 26, 1789.However, the French Declaration explicitly bore the title
"Declaration of the Rights of Man and of the Citizen."The first definition forms
the core of human rights studies.The subject of this study revolves around rights.Human dignity is the measure of this field.