17 - Human Rights or Moral Obligations?

Summary

The origin of the modern liberal conception of human rights has been traced to the concept of natural rights that has its source in natural law thought, leading some to draw a connection between Thomistic natural law and human rights. However, the Thomistic understanding of natural law is embedded in a religious framework, raising the relevance and possible relation of religious traditions to the contemporary concept of human rights. This chapter explores this relation in the context of Hinduism, which espouses a version of natural law in the idea of Dharma, and gives primacy to duty rather than rights. Can the fundamental tenets, principles and concepts of Hinduism help to develop conceptual groundwork for human rights without subscribing to the Western liberal conception of rights? Exploring this question, the chapter argues for human moral obligations as the link between natural law and human rights. It concludes that human moral obligations serve the same purpose as human rights without being embroiled in controversies that vitiate the Western liberal conception of human rights.