How to understand the concept of Human Rights

Abstract

The increase of references to human rights in political discussions today, has made the idea almost hegemonic. Can this type of mechanic use of the terminology of human rights be problematic? Critics argue that it is an ”empty word”; it lacks any real or deep meaning. Despite the common use of the word, few of us would be able to give a precise definition of the concept. This may stem from the possibility to imagine several different kinds of societies that all include different understandings of human rights. In this article I argue in favour of a functionalist approach to human rights. We need to ask ourselves: what do we want the concept of human rights to achieve? The idea that human rights are a matter of agreement – the deliberative perspective on human rights – is dominating the ongoing debate about the nature of the concept.2 Human rights are not something that belongs to the human being by nature, and is therefore dependent on human recognition. I would argue that an understanding of human rights need to meet a criterion, which I choose to call the basic assumption. This basic assumption is that human rights should protect the individual from arbitrary and unjust power.