Human Rights: As the Origin of Other Rights

Abstract

From positive law’s perspective, it is difficult to make clear the relationship between human rights and other rights. Nonetheless, from theoretical perspective, it would be much easier to find the bloodline between them. This paper applies the doctrinal methodology and deductive reasoning to examine that human rights are the roots of all the other rights. There are four points in the deductive line. The first is that all human pursues happiness. The second is that human rights are conferred by nature as the precondition to realise human happiness. The third is that some parts of human rights are conferred to states through social contract to better pursue human happiness. The final point is that all the other rights are either the expression of human rights or the tool rights created by legislative organ based on constitution to achieve human rights. In the light of these points, a conclusion that all the other rights originated from human rights, can be drawn.