Definition of Human Rights as an Effort to Create Peace of Life

Definition of Human Rights – Every human being has Human Rights that have been inherent since birth. Human rights that are owned cannot be seized or violated by other parties for whatever reason. However, unfortunately, human rights violations often occur in the neighborhood. Either on a small or large scale.

If we pull back the history of Indonesia, we will find many violations of human rights. For example the 1965 incident, the 1998 incident, the Semanggi incident, the Kanjuruhan riot, and so on.

Readers needs to understand human rights so they don’t take away other people’s rights. The following will discuss human rights which have been summarized from various pages on the internet.

Definition of human rights

Human Rights are the most basic rights possessed by humans. Quoting Jack Donnelly’s opinion, “human rights are rights that humans have solely because they are human. Humans have it not because it was given to them by society or based on positive law, but solely based on their dignity as human beings.

Launching from the Hukumonline.com page, according to Soetandyo Wignjosoebroto, human rights are basic or fundamental rights that are universally recognized as inherent rights in humans because of their nature and nature as human beings.

Human rights are called universal because these rights are stated as part of the humanity of every human being, regardless of skin color, gender, age, cultural background, religion or belief. Meanwhile, inherent nature because this right is owned by every human being because of his existence as a human being.

Not a gift from any power. Therefore, being attached, Ham cannot be taken away by anyone. Meanwhile, Muladi also had an opinion on human rights. For him, human rights are rights that are inherent in human nature since human birth, and without these rights human beings cannot grow and develop as whole human beings.

The existence of human rights is important, without human rights, humans are unable to develop their talents and meet their needs. Leah Levin also formulates the notion of human rights as rights inherent in humans without which it is impossible for humans to live as humans.

For Thomas Hobbes, human rights are a way out to overcome the situation of rights attached to “homo homini lupus, bellum omnium contra omnes”. This means that humans can become wolves for other humans.

Such a situation encourages the formation of a community agreement in which the people give up their rights to the authorities. Normatively the notion of human rights in Indonesia can be found in Article 1 point 1 of the Human Rights Law which reads as follows.

” Human rights are a set of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gifts that must be respected, upheld and protected by the state, law, government and everyone for the honor and protection of human dignity man.”

Article 1 of the Universal Declaration of Human Rights states that:

“ 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 the spirit of brotherhood.”

Naturally, every human being has human rights. According to Rhona KM Smith, et al, “… even though everyone is born with different skin color, gender, language, culture and nationality, they still have these rights.”

Human rights have two characteristics, namely universal and inalienable. Universal means that human rights apply to every human being. It doesn’t matter what shape, appearance, class, strata, or other human groupings.

Meanwhile, being inalienable means that human rights are still inherent in all situations and conditions and can never be removed, as long as they become human. Quoting a statement from Rhona KM Smith, et al, “… no matter how bad the treatment that has been experienced by someone or how cruel someone’s treatment is, he will not stop being human and therefore still has these rights.”

As an example of a universal and inalienable violation can be observed through the application of the death penalty in Indonesia for narcotics offenders. As regulated in Article 113, Article 114, Article 116, Article 118, Article 119, Article 121 and Article 133 of Law no. 35 of 2009 concerning Narcotics.

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In this law, the death penalty is a violation of the universal nature of human rights because the perpetrators of narcotics crimes are human beings. Not only that, violations of the inalienable nature of human rights because the perpetrators of narcotics crimes are still humans. No matter how bad his attitude and actions are or how many victims there are from the crime he has committed.       

History of the Development of Human Rights

Karl Vasak, a legal expert from the International Institute of Human Rights in Strasbourg, Germany, divides the development of Human Rights into three stages. He uses the term generation to emphasize the substance and scope of human rights at a certain time.

Karl Vasak agrees with the slogan of the French revolution, “liberte, egalite and fraternite”. It means freedom, equality, and brotherhood. Quoting from Rhona KM Smith, et al, Vasak argues that each of these slogans reflects the development of different categories or generations of rights.

Following are further details regarding the development of human rights as formulated by Karl Vasak.

1. First Generation Human Rights

The first generation of human rights was represented by “freedom”. The rights of the first generation are often referred to as classical rights because claims for these rights arose in the 17th and 18th centuries. When there was a revolution demanding equal rights in France, England and the United States.

Quoting Rhona KM Smith, et al who explained the rights included in this first generation include, “… right to life, physical integrity, right to freedom of movement, right to asylum from oppression, protection of property rights, freedom of thought, religion and belief, freedom to to gather and express thoughts, the right to be free from arbitrary detention and arrest, the right to be free from torture, the right to be free from retroactive law, and the right to a fair trial process.”

These first generation rights require no interference from the state or outside parties in fulfilling these rights. Interference by the state or outside parties into the rights of the first generation will actually be considered a violation.

For this reason, first generation rights are often referred to as negative rights. This is precisely what makes the difference and characteristic of the rights of the first generation.

2. The Second Generation of Human Rights

The second generation of human rights is represented by the word “equality”. This generation demands the protection and fulfillment of social, cultural and economic rights from the state. The rights of this generation demand an active role from the state to fulfill them.

Therefore, these second generation rights are referred to as positive rights. Rhona KM Smith, et al describe positive rights as follows.

What is meant by positive here is that the fulfillment of these rights really requires the active role of the state. State involvement here must show a plus sign (positive), must not show a minus sign (negative). So to fulfill the rights that are grouped into this second generation, the state is obliged to develop and implement programs for the fulfillment of these rights.

3. Third Generation Human Rights

In the third generation, the word that represents this generation is “brotherhood”. Third generation rights arise because of demands from third world countries or developing countries for a just international order.

Rhona KM Smith, et al described the rights included in the third generation including, “…(i) the right to development; (ii) the right to peace; (iii) rights to own natural resources; (iv) the right to a good environment; and (v) the right to own cultural heritage.”

These rights are similar to the rights of the second generation, but exist on an international level. Seeing the development of human rights, it can be concluded that the demand for human rights (especially the first generation), originated from the demand to free oneself from the power of state absolutism and pressure from other social forces (eg pressure from the nobility).

It is like that which emerged during the turbulent revolutions in France, England, and the United States of America in the 17th and 18th centuries. Demands for fulfillment of human rights have developed into the second generation and at the international level into the third generation.

Types of Human Rights Violations

Human rights violations are divided into two based on their types, namely serious human rights violations and minor human rights violations. Here’s an explanation of both.

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1. Minor Human Rights Violations

Serious human rights violations do not result in the loss of the life of an individual or group. Examples of minor human rights violations are persecution, defamation, and so on.

2. Serious Human Rights Violations

Serious human rights violations have an impact on the loss of life of a person or group. For example genocide and human crimes. Genocide itself is a crime committed by individuals or groups to destroy a group, ethnicity, country, and race.

Examples of genocide are clashes between tribes and incidents of terrorism. Meanwhile, human crimes committed against civilians. For example colonization of a country.

Kinds of Human Rights

Summarizing from the book “Citizenship Education” in the Universal Declaration of Human Rights in 1948 article 30, explaining the various types of human rights, among others.

  1. The right to freedom and equality in dignity.
  2. The right without distinction of any kind as well as the right to life, liberty and security of person.
  3. Rights must not be shackled by civilization in all its forms.
  4. The right not to be treated cruelly.
  5. Legal rights such as equality before the law, legal protection, compensation and the right not to make arrests, a fair and open trial, and the right to privacy.
  6. The right to leave the country and return to his country.
  7. The right to obtain asylum in another country.
  8. Right to citizenship.
  9. Right to wealth.
  10. The right to freedom of religious belief.
  11. The right to freedom of opinion and expression.
  12. The right to associate and assemble.
  13. The right to participate in government.
  14. The right to get a field of work.
  15. The right to education.
  16. The right to the field of culture.
  17. The right to social and international order.
  18. The obligation to implement human rights
  19. Restrictions not to damage the rights and freedoms in the declaration

Contents of the Universal Declaration of Human Rights

The Universal Declaration of Human Rights consists of 30 articles. The declaration has become a general standard of success for the entire nation and state so that every person and body in society always remembers the Declaration of Human Rights. So, it will not take away the rights of other people or groups.

The following is the contents of the 30 articles of the Universal Declaration of Human Rights.

  • Article 1: All people are born free, have the same rights and dignity.
  • Article 2: Human Rights apply to all.
  • Article 3: Everyone has the right to life, liberty and security.
  • Article 4: No one shall be enslaved.
  • Article 5: No one shall be subject to torture or cruel treatment
  • Article 6: Everyone has the right to recognition before the law.
  • Article 7: Everyone is equal and entitled to legal protection.
  • Article 8: Everyone has the right to legal protection.
  • Article 9: No one may be arbitrarily arrested, detained or exiled.
  • Article 10: Everyone has the right to a fair and open trial.
  • Article 11: Everyone is innocent until proven guilty
  • Article 12: No one is allowed to be disturbed in his personal affairs.
  • Article 13: Everyone has the right to stay and move.
  • Article 14: Everyone has the right to protection.
  • Article 15: Everyone has the right to citizenship.
  • Article 16: Adult men and women have the right to marry and form a family.
  • Article 17: Everyone has the right to own property, both individually and collectively.
  • Article 18: Everyone has the right to freedom of thought, conscience and religion.
  • Article 19: Everyone has the right to hold and express opinions.
  • Article 20: Everyone has the right to freedom of assembly and association.
  • Article 21: Everyone has the right to participate in the government of his country.
  • Article 22: Everyone has the right to social security.
  • Article 23: Everyone has the right to work.
  • Article 24: Everyone has the right to rest and entertainment.
  • Article 25: Everyone has the right to an adequate standard of living.
  • Article 26: Everyone has the right to education.
  • Article 27: Everyone has the right to participate in cultural life.
  • Article 28: Everyone is entitled to a national and international order.
  • Article 29: In exercising their rights and liberties, everyone must comply with the law, the sole purpose of which is to guarantee justice.
  • Article 30: No one may construe freedom by destroying the rights and freedoms of others.