Are human rights simply extensions of natural rights Essay

Are human rights simply extensions of natural rights - Essay Example (United Nations Universal Declaration of Human Rights, 1948) These rights to life, property, liberty and peaceful co-existence among men and nations are based on equity and natural obligation however without any positive, substantive and procedural laws to govern the actions of each man and nation, then anarchy, chaos, and lawlessness ensue as men and nations are, at times, motivated by power, self-interest and greed. This being so, they are predisposed to use violence and inflict harm upon those who stand in their way. The aggrieved party indeed has natural rights to be protected against any transgression, tort, or injury however without any legal structure that prescribes how relief or restitution may be instituted then the compulsory compliance cannot be effected. It would appear that duly constituted governments have enacted laws which enshrine the basic human rights to life, liberty and property, including, among others, the right to free speech and assembly, freedom of abode, e qual opportunity and more importantly, the right not to be discriminated against by reason of gender, race, disability, education, belief or political affiliation. II. Statement of Issue/s One school of thought is that human rights is simply an extension of natural rights making the same self-executing thus this paper shall determine if this proposition or theory may be defended and supported by statutory enactments as well judicial interpretations. III. Statement of Relevant Historical Development In this jurisdiction, the rights evolution started in 1689 when the Parliament enacted the Bill of Rights, otherwise known as An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown. It delineated the powers of the sovereign, the Parliament including its freedom of speech, the necessity of regular elections and the right to appeal the monarch without apprehension of reprisal or punishment. It similarly re-instated the liberty of Protestants to arm and protect themselves within the realm of law as lawless elements were themselves armed and employed ruses contrary to law. Even the succession to the throne was subject of a decree which was crafted in 1700 and took effect in 1701, otherwise known as the 1701 Act of Settlement the Bill of Rights. However the enactment in 1931 of the Statute of Westminster in each of the Commonwealth realms marked the beginning that the Bill of Rights cannot be altered in any realm except by its own parliament, and if applicable by convention with the consent of all the other realms, if it involves the succession issues to the shared throne. In this jurisdiction, the Bill of Rights is complemented by Magna Carta 1215 which is a written instrument granting a more limited power to the king respecting property and successional rights of barons and freemen who held lands directly of the Crown, including the fees levied, payment of debts, services to be rendered and such other rights are inscribed to a vert any dispute. While Habeas Corpus Act 1679 confers rights upon those persons charged of an offense but are nonetheless unduly detained may file a petition for such person or body to be produced at such time and place determined by the judge upon payment of