Presentation of Natural Rights in Modern Human Rights Theories

Presentation about the natural rights under International Human Rights, and how it holds in modern times.

1. In Modern Human
Rights Theories
Natural
Rights
By: Muhammad Nur Iman
Muttaqin bin Mohd Ezani-
1181958
Abdullah Al-Eiman bin
Ahmad Yani- 1203210

2. Outline
What is Natural Rights 1.
History of Natural
Rights
2.
Natural Rights &
Natural Law
3.
Conception of Natural
Rights
4.
Natural Rights in
Modern Times
5.
Examples of Natural
Rights and Challenges
6.
Conclusion7.

3. Universal rights independent from any
governmental laws or cultural customs.
Inalienable, cannot be repealed unless
violating someone else’s rights.
Natural law is the law of the natural
rights.
Includes basic rights such as right to life,
liberty, and the pursuit of happiness.
What Is Natural Rights?

4. Natural Rights appears firstly in an ancient Greek philosophy &
referring to a Roman Philosopher named Cicero in which then it
was then mentioned in the Bible
It was then developed in during the Middle ages by Albert The
Great and Thomas Aquinas
This concept was then used to challenge the Divine Rights of
Kings ( a political and religious doctrine of political legitimacy
of a monarchy which also known as the divine-right theory of
kingship during the Age of Enlightment.
This concept was then became an alternative justification for
the establishment of a social contract, positive law, and
government
History of Natural Rights

5. Legal rights and natural rights are frequently
contrasted. Legal rights are those that are granted to an
individual by a particular legal system (i.e., rights that
are subject to change, revocation, and limitation by laws
made by humans). Natural rights are inalienable, global
rights that are not subject to the laws, customs, or beliefs
of any one culture or nation (i.e., rights that cannot be
abolished or controlled by human laws). Natural law (or
laws) and natural rights are closely connected concepts.
Natural Rights & Natural Law

6. The idea of natural laws was used during the
Enlightenment to refute the idea of kings having a divine
right. It then evolved into a different kind of
justification for the establishment of positive law, a
social contract, and government (and thus, legal rights)
in the form of classical republicanism, which was based
on ideas like civic virtue, civil society, and mixed
government. On the other hand, some argue that none of
these structures are legitimate by using the idea of
inherent rights.

7. The concepts of human rights and natural rights are
closely connected; some people see no distinction
between the two, while others prefer to avoid using the
phrases in conjunction with certain characteristics that
are customarily associated with natural rights.
Particularly, natural rights are thought to be inalienable
to any state or international organisation.

8. “state of nature.”
“to use his own power, as
he will himself, for the
preservation of his own
Nature; that is to say, of
hisownLife.”
law of nature is grounded on
mutual security, or the idea
that one cannot infringe on
another’s natural rights
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natural rights include
perfect equality and
freedom and the right
to preserve life and
property

10. Natural Rights in
Modern Times
JOHN LOCKE
(1632-1704)
A prominent
Western
philosopher who
conceptualised
rights as natural
and inalienable

11. “...no one ought to harm another in his life,
health, liberty, or possessions. These natural
rights also serve to limit the legitimate
authority of the state...”
Two Treaties of Government
(Locke, 1689)

12. The most prominent
example being Thomas
Jefferson’s Declaration of
Independence (1776)
Locke’s Influence
LOCKE’S VIEW WAS
APPARENT IN 18TH CENTURY
AMERICAN AND FRENCH
POLITICAL DOCUMENTS

13. DECLARATION OF
INDEPENDENCE (1776)
“We hold these truths to be self-
evident, that all men are created
equal, that they are endowed by
their Creator with certain
unalienable rights, that among
these are Life, Liberty, and the
Pursuit of Happiness.”

14. Examples of
Natural Rights
and Challenges

15. The Right To Life1.
The most common example of inalienable natural right for
all human beings.
No individual or entity have the right to deprive someone of
his/her life
Challenges: capital punishment, abortion, euthanasia,
suicide, killings by law enforcement

16. 2. The Right To Liberty
Art. 5 (1) of Federal Constitution : No person shall be
deprived of his life or personal liberty save in accordance
with law.
Challenges: Criminal’s liberty may be overruled if guilty, law
enforcer or police may detain a person with warrant.

17. Art. 17 of UDHR: (1) “Everyone has the right to own
property alone as well as in association with others”
and (2) “No one shall be arbitrarily deprived of his
property”
Challenges: This right is not recognized by the
International Covenant on Civil and Political Rights or
the International Covenant on Economic, Social, and
Cultural Right
3. The Right To Own Property

18. 4. The Right To Freedom Of Thought
And Practicing Religion
Art. 18 of UDHR provides that everyone has the freedom
of thought and the right to manifest belief e.g. teaching,
practicing, worship etc.
Challenges: Certain countries have laws restricting
propagations of certain belief e.g. Art 11(4) of FC

19. 5. The Right to Freedom Of Speech Or
Expression
Art 19 of UDHR: “Everyone has the right to freedom of
opinion and expression...”
Challenges: Common limitations includes libel, slander,
sedition, incitement, hate speech, classified information, etc.

20. Natural Rights under Islamic Perspective
The Right to LifeThe first and the foremost
basic right is the right to live and respect
human life. The Holy Quran lays down:
Whosoever kills a human being without (any
reason like) man slaughter, or corruption on
earth, it is as though he had killed all mankind ...
(5:32)
Al-Ghazali argued that there were few
basic purposes of the law namedly:

21. Natural Rights under Islamic Perspective
The Right to the Safety of Life
Allah had mentioned: has said: "And whoever saves a life it is as though he had saved the lives
of all mankind" (5:32). There can be several forms of saving man from death. A man may be ill
or wounded, irrespective of his nationality, race or colour. If you know that he is in need of
your help, then it is your duty that you should arrange for his treatment for disease or wound.
If he is dying of starvation, then it is your duty to feed him so that he can ward off death.
Respect for the Chastity of Women
The words of the Holy Quran in this respect are: "Do not approach (the bounds of) adultery"
(17:32). Heavy punishment has been prescribed for this crime, and the order has not been
qualified by any conditions. Since the violation of chastity of a woman is forbidden in Islam, a
Muslim who perpetrates this crime cannot escape punishment whether he receives it in this
world or in the Hereafter.

23. Current Issue

24. CONCLUSION
Natural rights and modern human rights are closely
interconnected.
However, modern human rights are not as absolute and
inalienable as the initial concept of natural rights.
Hence, natural rights should only act as references in
constructing modern human rights theories.