Definition of Human Rights According to Experts, National Law and International Law

PERTANYAAN

What are human rights? Are there international legal instruments that explicitly define what human rights are?

INTISARI JAWABAN

Human Rights are in principle God-given rights, so they are inherent, natural, and universal. So, what is meant by inherent, natural, and universal rights? What are human rights according to experts, national law, and international law?

Please take a look at the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Pengertian HAM menurut Para Ahli, Hukum Nasional dan Internasional, written by Renata Christha Auli, S.H. and was published on Monday, 26 September 2022.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Human rights are the crystallization of various value systems and philosophies about humans and all aspects of their lives. The main focus of human rights (in Bahasa Indonesia, it is known as Hak Asasi Manusia/"HAM") is human life and dignity.[1] Historically, the philosophical root of the emergence of the idea of human rights is the natural rights theory developed by philosophers such as John Locke, Thomas Paine, and Jean Jacques Rousseau. The essence of natural rights is that all individuals are endowed by nature with inherent rights that cannot be revoked by the state.[2] In the following, we will explain what is meant by human rights based on the doctrine of experts, national law, and international law.

Definition of Human Rights according to Experts

1. Soetandyo Wignjosoebroto

Human rights are fundamental rights that are universally recognized as inherent in humans because of their nature as human beings. Human rights are called universal because these rights are expressed as part of the humanity of every human being, regardless of skin color, gender, age, cultural background, religion, or belief. Meanwhile, it is inherent because this right is owned by every human being because of his or her existence as a human being, not a gift from any authority. Because it is inherent, human rights cannot be taken away.[3]

2. Muladi

Human rights are rights that are inherent in human beings from the moment they are born, and without these rights, human beings cannot grow and develop as a whole human being. Because the existence of human rights is so important, without human rights humans cannot develop their talents and fulfill their needs.[4]

3. Leah Levin

Human rights are rights inherent in human beings without which it is impossible to live as a human being.[5]

4. Thomas Hobbes

The notion of human rights is a way to overcome the situation of "homo homini lupus, bellum omnium contra omnes", namely that humans can become wolves for other humans. This situation encourages the formation of community agreements in which the people surrender their rights to the ruler.[6]

Definition of Human Rights according to National Law

Normatively, the definition of human rights in Indonesia can be found in Article 1 number 1 of the Human Rights Law which reads:

Human Rights are a set of rights inherent in the nature and existence of humankind as creatures of God Almighty and are His gifts that must be respected, upheld, and protected by the state, law, government, and every person for the respect and protection of human dignity.

From this article, it can be interpreted that human rights are fundamental human rights, are gifts from God Almighty, are natural rights, and therefore other human beings cannot revoke human rights.[7]

Also read: Human Rights: Definition, History, and Principles

Definition of Human Rights under International Law

To answer your question regarding international legal instruments that define the meaning of human rights, as far as we can see, international legal instruments do not provide a literal definition of human rights. However, Article 1 of the Universal Declaration of Human Rights ("UDHR") states:

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

The article, when interpreted, means that all human beings are born free and have equal dignity and rights. Humans are endowed with reason and conscience and should associate with each other in a spirit of brotherhood.[8]

In addition, the definition of human rights is implicitly regulated in the preamble of the International Covenant on Civil and Political Rights (“ICCPR”) which has been ratified in Indonesia through Law 12/2005, namely "... these rights derive from the inherent dignity of the human person".[9]

Also read: Get to Know the Categories of Human Rights Violations that Exist in the World

In conclusion, from the various definitions of human rights that we have mentioned earlier, in principle, human rights are God-given rights, so these rights are inherent, natural, and universal. Human rights are not granted by other humans, the state, or the law, because these rights are related to human existence. Thus, differences in gender, race, religion, or skin color will not affect differences in human rights. In general, human rights can be formulated as those rights which are inherent in our nature and without which we cannot live as human beings.[10]

This is our answer, hopefully, you find it useful.

Legal Basis:

1. Law Number 39 of 1999 on Human Rights;
2. Law Number 12 of 2005 on the Ratification of International Covenant on Civil and Political Rights.

Reference:

1. Eko Riyadi, Hukum Hak Asasi Manusia: Perspektif Internasional, Regional dan Nasional, Depok: PT RajaGrafindo Persada, 2018;
2. Firdaus Arifin, Hak Asasi Manusia: Teori, Perkembangan dan Pengaturan, Yogyakarta: Thafa Media, 2019;
3. Serlika Aprita dan Yonani Hasyim, Hukum dan Hak Asasi Manusia, Bogor: Mitra Wacana Media, 2020;
4. International Covenant on Civil and Political Rights, accessed on 26 September 2022, at 11.00 West Indonesian Time (zone);
5. Universal Declaration of Human Rights, accessed on 26 September 2022, at 10.00 West Indonesian Time (zone).

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[1] Eko Riyadi, Hukum Hak Asasi Manusia: Perspektif Internasional, Regional dan Nasional, Depok: PT RajaGrafindro Persada, 2018, p. 1

[2] Eko Riyadi, Hukum Hak Asasi Manusia: Perspektif Internasional, Regional dan Nasional, Depok: PT RajaGrafindro Persada, 2018, pp. 3-4

[3] Eko Riyadi, Hukum Hak Asasi Manusia: Perspektif Internasional, Regional dan Nasional, Depok: PT RajaGrafindro Persada, 2018, pp. 8-9

[4] Eko Riyadi, Hukum Hak Asasi Manusia: Perspektif Internasional, Regional dan Nasional, Depok: PT RajaGrafindro Persada, 2018, p. 9

[5] Firdaus Arifin, Hak Asasi Manusia: Teori, Perkembangan dan Pengaturan, Yogyakarta: Thafa Media, 2019, pp. 1-2

[6] Serlika Aprita dan Yonani Hasyim, Hukum dan Hak Asasi Manusia, Bogor: Mitra Wacana Media, 2020, pp. 1-2

[7] Firdaus Arifin, Hak Asasi Manusia: Teori, Perkembangan dan Pengaturan, Yogyakarta: Thafa Media, 2019, p. 3

[8] Eko Riyadi, Hukum Hak Asasi Manusia: Perspektif Internasional, Regional dan Nasional, Depok: PT RajaGrafindro Persada, 2018, p. 8

[9] Firdaus Arifin, Hak Asasi Manusia: Teori, Perkembangan dan Pengaturan, Yogyakarta: Thafa Media, 2019, p. 3

[10] Firdaus Arifin, Hak Asasi Manusia: Teori, Perkembangan dan Pengaturan, Yogyakarta: Thafa Media, 2019, p. 3