The concept of Human Rights has indeed become an important foundation of morality and international law in the modern era. However, the origin and philosophical basis of the concept of Human Rights itself has been debated among thinkers and experts. Some argue that Human Rights must have a divine basis, for example from the teachings of major religions. While other thinkers argue that Human Rights can remain relevant and gain legitimacy without depending on a particular theological basis.
The Concept of Human Rights in Theological Foundations
The argument supporting the need for a theological basis for the concept of Human Rights is that universal values such as justice, equality, and human dignity will be stronger if they are derived from the beliefs and teachings of religions believed by most people. This can facilitate wider acceptance and compliance with Human Rights norms.
Although there are differences in emphasis and interpretation, Human Rights can be understood and interpreted from several perspectives of religion and belief, including:
Perspective of Abrahamic Religions (Islam, Christianity and Judaism)
- Humans were created by God and have dignity (holy) and honor
- Moral teachings (ahlaq) such as justice, equality, compassion from the scriptures are the basis for upholding Human Rights
- There are theological concepts such as “khalifah” (leader/representative of God) on Earth which emphasize human responsibility to protect the rights of others.
Hindu and Buddhist Perspectives
- Humans have basic rights that come from the concept of “Dharma” (moral obligation) and “Ahimsa” (non-violence)
- Emphasis on achieving balance, harmony and liberation from suffering
- Respect for individual and community rights.
Confucian Perspective
- Emphasis on human values, wisdom and social harmony.
- The concept of “Ren” (love) and “Li” (manners) is the basis for upholding human rights and dignity
- The state is obliged to protect and fulfill the basic needs of its citizens.
So in general theological basis (Islam, Christianity, Judaism, Hinduism, Buddhism and Confucianism) recognizes Human Rights as an inevitability that comes from human dignity as God’s creation, so that efforts to uphold Human Rights are considered as part of the obligation of teachings (morals/ahlaq) and obedience to God’s will.
The Concept of Human Rights in the Perspective of Humanism
On the other hand, those who reject the theological basis for Human Rights argue that the concept can be based on philosophical thinking, law, and universal morality that does not depend on a particular religion. This approach allows Human Rights to be accepted cross-culturally and cross-religiously. In addition, non-theological foundations are considered more capable of accommodating diversity and pluralism in modern society. Although some experts admit that humanism cannot immediately replace moral teachings, morals from religious teachings which are also products of hereditary culture.
Personally, I think that the concept of Human Rights can remain relevant and effective without having to rely on a strong theological foundation. However, I also admit that theological support can help strengthen the acceptance and compliance with Human Rights norms in religious societies. In the end, the most important thing is how the universal values of Human Rights can be translated and implemented concretely in the life of society, nation, and state.
Countries That Have Successfully Implemented Human Rights
With a Theological Foundation
There are several examples of countries that have succeeded in upholding Human Rights despite having a strong theological foundation in their society. Here are some examples:
🇹🇳 Tunisia
Tunisia is a Muslim country in North Africa that has undergone a democratic transition after the Jasmine Revolution in 2011. The country has adopted a new constitution that guarantees comprehensive human rights, including women’s rights, freedom of expression, and minority rights.🇲🇦 Morocco
Although Islam is the official religion in Morocco, the country has shown progress in upholding human rights. Constitutional reforms and government efforts have improved the protection of civil and political rights for its citizens.🇰🇿 Kazakhstan
Kazakhstan, one of the Muslim countries in Central Asia, has also made progress in guaranteeing human rights for its citizens. The constitution of Kazakhstan affirms the country’s commitment to the principles of democracy and universal human rights.🇲🇾 Malaysia
Malaysia is a country with a Muslim majority population, but this country has been relatively successful in guaranteeing the basic rights of its citizens. The Malaysian Constitution guarantees freedom of religion, political rights, and socio-economic rights of its citizens without discrimination.
Without Theological Foundation
Here are examples of countries that have succeeded in implementing the concept of Human Rights without relying on a strong theological foundation, including:
🇫🇷 France
France is one of the European countries that upholds Human Rights as a universal value, although France is officially a secular state. The principles of Human Rights are stated in the Declaration of the Rights of Man and of the Citizen of 1789, which is based on Enlightenment philosophical thinking and the principles of universalism.🇯🇵 Japan
Although Japan has a strong cultural and religious tradition, the country has successfully adopted and implemented the concept of Human Rights without relying too much on theological foundations. The Japanese Constitution of 1946 explicitly guarantees the basic rights of its citizens.🇨🇳 China
China, whose majority adheres to Confucian and Taoist teachings, has also adopted Human Rights norms in its national legal framework. Although there is still criticism regarding the practice of Human Rights in China, the country has made efforts to formulate a concept of Human Rights that is in line with the socio-cultural conditions of its country.🇮🇳 India
India, as a country with diverse religions and beliefs, has succeeded in building a framework for protecting Human Rights based on constitutional principles. India does not rely on a particular theological foundation, but instead develops a concept of Human Rights that is in line with the values of democracy and pluralism.
Countries that experience human rights violations despite having a theological basis
There are examples of countries that experience human rights violations despite having a strong theological basis in their society. This shows that the existence of a theological basis alone is not enough to guarantee the protection and enforcement of human rights effectively. Some examples of countries that have experienced this include:
🇸🇦 Saudi Arabia
Saudi Arabia, which is an Islamic country with strict implementation of Islamic law, is still often criticized for various human rights violations, such as cases of the death penalty, gender discrimination, and restrictions on freedom of expression.🇲🇲 Myanmar
Myanmar, which is predominantly Buddhist, has also experienced various cases of severe human rights violations, especially against the Rohingya Muslim ethnic group.🇮🇷 Iran
Iran, as an Islamic country that implements sharia law, is also still faced with the challenge of adequate enforcement of Human Rights, especially related to freedom of religion, freedom of speech, and women’s rights.
These examples show that the existence of a theological or religious basis in a country does not necessarily guarantee the fulfillment of comprehensive Human Rights protection. Other factors such as the political system, government, legal culture, and the commitment of those in power also play a very important role.
Therefore, although a theological basis can help strengthen the legitimacy and acceptance of Human Rights norms in society, its existence alone is not enough. More comprehensive efforts are needed, including the development of legal systems, institutions, and cultures that are in line with universal Human Rights principles.
Where, after all, do universal human rights begin? In small places, close to home — so close and so small that they cannot be seen on any map of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere.
Where, after all, do universal human rights begin? In small places, close to home — so close and so small that they cannot be seen on any map of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere.– The quote is from Eleanor Roosevelt’s speech on the Universal Declaration of Human Rights, delivered on December 10, 1948, at the United Nations General Assembly
