Legal Literacy - Before discussing the theories of human rights (HAM) in more detail, it is best to first understand the definition of human rights themselves.
Article 1, paragraph 1 of Law Number 39 of 1999 concerning Human Rights explains that:
Human Rights are a set of rights inherent in the nature and existence of human beings as creations of Almighty God and are His blessings that must be respected, upheld, and protected by the state, law, government, and every person for the honor and protection of human dignity and worth.
Meanwhile, according to Prof. Muladi, human rights are rights that are inherently attached to humans since birth, and without these rights, humans cannot grow and develop as whole individuals.
There are at least four universally recognized theories of human rights, namely:
- Natural Law Theory
- Positivism Theory
- Universalism Theory
- Cultural Relativism Theory
Human Rights Theory: Natural Law Theory
The fundamental concept of this theory is that every human being's life is determined by God, and all humans, regardless of their status, are subject to the authority of God. This theory believes that all individuals are endowed by nature with inherent rights that cannot be revoked by the state. [1]
These natural rights of each individual do not arise from political recognition granted by the state, but rather, these rights are inherent in their dignity and worth simply because they are born as human beings. [2]
Thus, in this theory, human rights are seen as rights granted by God and have existed since humans were born due to their status as human beings. Human rights are not granted by the state. One of the proponents of this theory is John Locke. According to him, every human being is endowed with inherent rights to life, liberty, and property, which are their own and cannot be revoked by the state.
Human Rights Theory: Positivism Theory
In contrast to the natural law theory, the positivism theory asserts that a right must originate from a clear source, such as legislation or a constitution created by the state, rather than from nature, which is abstract in nature.
Human rights, according to this theory, are based on written rules regarding human rights, so actions that do not conform to existing regulations constitute a violation of human rights. [3]
The advantage of the positivism theory compared to other theories is that everyone can defend and fight for their rights by referring to applicable regulations.
Human Rights Theory: Universalism Theory
This theory views human rights as universal, meaning that human rights are inherently possessed by each individual regardless of the values or culture upheld by a society or prevailing in a country.
There is one main slogan of this theory: "all human rights for all," which means all human rights for everyone. This means that this theory sees that all people, regardless of tribe, race, ethnicity, and wherever they are, have the same human rights. Furthermore, this theory results in two different perspectives, namely:
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