The Relationship Between Human Basic (Human Rights) Obligations and Human Rights

摘要

In many discussions of Human Rights, it is rarely related to Human Basic (human rights) obligations. In fact, they complement each other to find justice. In the Greco-Roman era and the Middle Ages, the development of the School of irrational natural law laid the basis for obligations for humans that were rooted in metaphysics and divine values. When individual expressions are blazing, which is a feature of the renaissance, it changes fromobligations to rights. The teachings of Aquinas (1224-1274), Hugo Grotius (1583-1645), Magna Charta (1215), Human Rights Petition (1628), British Human Rights Statement (1689), United States Declaration of Independence (1776) and the French revolution (1789) are the pieces of evidence for this shift. The change in the rationale is contradictory, so that between obligations and rights seems to have a conflict. Therefore, it is relevant to raise a question, namely how human rights were born and developed and how the relationship between human rights and human basic (human rights) obligations. The theory in analyzing the problems raised in this study uses the theory of balance and the theory of justice. While the methodology used in this study is the normative method of the law. The results obtained in this study in addition to providing answers to the problems raised also provide future direction, namely what should be done.