John Locke in conversation with El Debusi
Universal human rights from an Islamic perspective
Keywords:
Universality, Indivisibility, ınalienabilityAbstract
In contrast to civil rights, human rights are rights that people possess solely by virtue of their humanity. They are subjective rights to which everyone is equally entitled. The concept of human rights is based on the idea that these rights are innate, universal, indivisible and inalienable. Civil rights, on the other hand, belong exclusively to citizens (of a particular state, within the borders of that state). When civil or human rights are regulated in a constitution, they are referred to as fundamental rights.
Universality means that these rights are universally valid. Every person has these rights by virtue of their humanity and is obliged to respect the human rights of others. Universality is opposed to locality. Human rights do not need a state or a social structure in order to be valid. They are - in the parlance of the Enlightenment - “innate”.[1]
Indivisibility means that human rights must be realized in their entirety. Freedom rights and social rights cannot be separated from each other. The right to freedom cannot be conceived without the right to life. A hierarchy of norms among human rights is inconceivable. All human rights are of equal rank and equally binding in the human rights system.[2]
Inalienability means that these rights cannot and may not be bought for a fee. They cannot be transferred to another person, nor can they be voluntarily waived. For example, a person may not be tortured despite their consent. Nor can they sell their organs in return for payment. These rights cannot be waived.
Can we imagine a world in which people have no right to life, property, freedom, fair legal procedures or security? If these rights did not exist, how could people live and interact peacefully with each other? These rights are indispensable prerequisites for a life that corresponds to human dignity.
This is why the term “human dignity” (dignitas humana) is repeatedly used in the literature. Without these rights, no human being on earth can lead a dignified life.
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