Tuesday, September 22, 2020

On Human Rights

by A. Salces Cajes, PhD

The concept of human rights is usually traced to the year 539 BC when Cyrus the Great declared the freedom of the slaves saying that all human beings are equal in race and that they could choose the religion to believe in and practice. Indeed, it has a long and tumultuous history, but some countries are able to advance and protect human rights better than others.

So, what are human rights and why are they important?

Human rights are ultimately derived from the natural wants of human beings. The natural wants are inalienable and fundamental to every person. An act to deny the fulfillment of such natural wants would dehumanize a person. 

People, for instance, will not survive for a long time without water to quench their thirst. Thus thirst is a natural desire and quenching the thirst is a natural want. When someone denies the fulfillment of this natural want, the person will eventually die or cease to exist as a person. If someone limits access to water, then the affected persons will not be able to fully develop and realize their potential. In the process, they will become weak, unhealthy, susceptible to disease, and their mental development is affected; hence unable to make intelligent or wise decisions.

Natural wants are needs, and needs are part of our being. But some needs are more important than others, as thinkers like Abraham Maslow suggests. Others think that needs are fundamental and interrelated, and that there are needs that are common to all people regardless of time, race or place.

Through the State, the human needs are positively recognized and protected; hence, these human needs become human rights. Some States, however, are better than others in formulating and implementing the policies and laws to protect and promote human rights.

"Right" in Pilipino means karapatan. This implies something that is due to a person (nararapat), which a rational person is duty bound or morally obliged to fulfill (dapat tuparin). In Visayan, "right" means katungod that also implies a duty or moral obligation (katungdanan) to fulfill.

The idea that some rights are more important than others is generally acceptable. The challenge is how to operationalize or live out the reality that there are different types, limitations and possible conflicts of human rights.

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