1. 11/20/2017
Sources of Human Rights in Islam & Western
HUMAN RIGHTS

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TABLE OF CONTENTS
Sources of Human Rights in Islam and Western .......................................................................2
Nature and Definition of Human Rights .......................................................................................2
The Sources of Human Rights ..........................................................................................................3
Sources of Human Rights Law..........................................................................................................3
A. International Conventions.............................................................................................................4
B. International custom.......................................................................................................................6
C. General principles of law................................................................................................................7
D. Subsidiary means for the determination of rules of law......................................................7
Sources of Human Rights In Islam.................................................................................................8
Man is in essence valuable and worthy............................................................................................8
Man is a God-seeking being.................................................................................................................8
Man is eternal..........................................................................................................................................9
Man reaches the abode of stability....................................................................................................9
Man has Genetic Relationship with the Cosmos.......................................................................10
Man has two Dignities: Social and Individual............................................................................10
Conclusion ..............................................................................................................................................12

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Sources of Human Rights in Islam and Western
Nature and Definition of Human Rights
Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally,
by virtue of their humanity, irrespective of race, nationality, or membership of any particular social
group. Human rights belong to an individual as a consequence of being human. The term came
into wide use after World War II, replacing the earlier phrase "natural rights," which had been
associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As
understood today, human rights refer to a wide variety of values and capabilities reflecting the
diversity of human circumstances and history. They are conceived of as universal Universality of
human rights is controutrsial, applying to all human beings everywhere, and as fundamental,
referring to essential or basic human needs.
The concept of human rights is based on the belief that every human being is entitled to enjoy
her/his rights without discrimination. Human rights differ from other rights in two respects. Firstly,
they are characterized by being:
 Inherent in all human beings by virtue of their humanity alone (they do not have, e.g., to
be purchased or to be granted);
 Inalienable (within qualified legal boundaries); and
 Equally applicable to all.
Secondly, the main duties deriving from human rights fall on states and their authorities or agents,
not on individuals.
One important implication of these characteristics is that human rights must themselves be
protected by law (‘the rule of law’). Furthermore, any disputes about these rights should be
submitted for adjudication through a competent, impartial and independent tribunal, applying
procedures which ensure full equality and fairness to all the parties, and determining the question
in accordance with clear, specific and pre-existing laws, known to the public and openly declared.
The idea of basic rights originated from the need to protect the individual against the (arbitrary)
use of state power. Attention was therefore initially focused on those rights which oblige
governments to refrain from certain actions. Human rights in this category are generally referred
to as ‘fundamental freedoms’. As human rights are viewed as a precondition for leading a dignified
human existence, they serve as a guide and touchstone for legislation.
The specific nature of human rights, as an essential precondition for human development, implies
that they can have a bearing on relations both between the individual and the state, and between
individuals themselves. The individual-state relationship is known as the ‘vertical effect’ of human
rights vertical location has not elaborated to be clear for the students. While the primary purpose
of human rights is to establish rules for relations between the individual and the state, several of
these rights can also have implications for relations among individuals. This so-called ‘horizontal
effect’ implies, among other things, that a government not only has an obligation to refrain from
violating human rights, but also has a duty to protect the individual from infringements by other

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individuals. The right to life thus means that the government must strive to protect people against
homicide by their fellow human beings.
The Sources of Human Rights
The European Convention of Human Rights of 1950 which was adopted in 1953 is a Council of
Europe Treaty under which member states of the same council promise to safeguard the political
and fundamental civil rights not only of their own citizens but also of those subjects within their
jurisdiction.
Example of human rights would include right to a fair trial in cases when one is charged with a
crime, right to life, the right not to be tortured, right to engage in political activity etc. These rights
are moral and legal rights which exist both at national and international level.
The primary sources of Human rights are obviously the United Nations Universal Declaration of
Human Rights and the various human rights documents and treaties that followed such as those
by, the Council of Europe, the Organization of American States, and the European Union etc.
Sources of Human Rights Law
Since time immemorial, states and peoples have entered into formal relationships with each other.
Over the ages, traditions have developed on how such relationships are conducted. These are the
traditions that make up modern ‘international law’. Like domestic law, international law covers a
wide range of subjects such as security, diplomatic relations, trade, culture and human rights, but
it differs from domestic legal systems in a number of important ways. In international law there is
no single legislature, nor is there a single enforcing institution. Consequently, international law
can only be established with the consent of states and is primarily dependent on self-enforcement
by the same states. In cases of non-compliance there is no supra-national institution; enforcement
can only take place by means of individual or collective actions of other states.
This consent, from which the rules of international law are derived, may be expressed in various
ways. The obvious mode is an explicit treaty, imposing obligations on the states parties. Such
‘treaty law’ constitutes a dominant part of modern international law. Besides treaties, other
documents and agreements serve as guidelines for the behavior of states, although they may not
be legally binding. Consent may also be inferred from established and consistent practice of states
in conducting their relationships with each other. The sources of international law are many and
states commit to them to different degrees. The internationally accepted classification of sources
of international law is formulated in Article 38 of the Statute of the International Court of Justice.
Forming one of the regimes of international law, human rights law has the same source with the
former.
a) International conventions, whether general or particular;
b) International custom, as evidence of general practice accepted as law;
c) The general principles of law recognized by civilized nations;
d) Subsidiary means for the determination of rules of law such as judicial decisions and
teachings of the most highly qualified publicists.

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These sources will be analyzed below.
A. International Conventions
International treaties are contracts signed between states. They are legally binding and impose
mutual obligations on the states that are party to any particular treaty (states parties). The main
particularity of human rights treaties is that they impose obligations on states about the manner in
which they treat all individuals within their jurisdiction.
Even though the sources of international law are not hierarchical, treaties have some degree of
primacy. Nowadays, more than forty major international conventions for the protection of human
rights have been adopted. International human rights treaties bear various titles, including
‘covenant’, ‘convention’ and ‘protocol’; but what they have in commone are the explicit indication
of states parties to be bound by their terms.
Human rights treaties have been adopted at the universal level (within the framework of the United
Nations and its specialized agencies, for instance, the ILO and UNESCO) as well as under the
auspices of regional organizations, such as the Council of Europe (CoE), the Organization of
American States (OAS) and the African Union (AU) (formerly the Organization of African Unity
(OAU)). These organizations have greatly contributed to the codification of a comprehensive and
consistent body of human rights law.
i. UNIVERSAL CONVENTIONS FOR THE PROTECTION OF HUMAN RIGHTS
Human rights had already found expression in the Covenant of the League of Nations, which led,
inter alia, to the creation of the International Labor Organization. At the San Francisco Conference
in 1945, held to draft the Charter of the United Nations, a proposal to adopt a ‘Declaration on the
Essential Rights of Man’ was put forward but was not examined because it required more detailed
consideration than was possible at the time. Nonetheless, the UN Charter clearly speaks of
‘promoting and encouraging respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language or religion’ (Article 1, para. 3). The idea of promulgating an
‘international bill of rights’ was developed immediately afterwards and led to the adoption in 1948
of the Universal Declaration of Human Rights (UDHR).
The UDHR, adopted by a resolution of the United Nations General Assembly (UNGA), although
not a treaty, is the earliest comprehensive human rights instrument adopted by the international
community. On the same may that it adopted the Universal Declaration, the UNGA requested the
UN Commission on Human Rights to prepare, as a matter of priority, a legally binding human
rights convention. Wide differences in economic and social philosophies hampered efforts to
achieve agreement on a single instrument, but in 1954 two draft conventions were completed and
submitted to the UNGA for consideration. Twelve years later, in 1966, the International Covenant
on Economic, Social 21 and Cultural Rights (ICESCR) and the International Covenant on Civil
and Political Rights (ICCPR) were adopted, as well as the First Optional Protocol to the

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ICCPR, which established an individual complaints procedure. Both Covenants and the Optional
Protocol entered into force in 1976. A Second Optional Protocol to the ICCPR, on the abolition of
the death penalty, was adopted in 1989 and entered into force in 1991.
The ‘International Bill of Human Rights’ consists of the Universal Declaration of Human Rights,
the ICESCR, and the ICCPR and its two Optional Protocols. The International Bill of Rights is the
basis for numerous conventions and national constitutions.
Besides the International Bill of Human Rights, a number of other instruments have been adopted
under the auspices of the UN and other international agencies. They may be divided into three
groups:
a) Conventions elaborating on certain rights, inter alia:
 The Convention on the Prevention and Punishment of the Crime of Genocide (1948)
 ILO 98 concerning the Right to Organise and to Bargain Collectively (1949)
 The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (1984)
b) Conventions dealing with certain categories of persons who may need special protection, inter
alia:
 The Convention relating to the Status of Refugees (1951), and the 1967 Protocol thereto
 The Convention on the Rights of the Child (1989)
 Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflicts (2000)
 Optional Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography (2000)
 ILO 169 concerning Indigenous and Tribal Peoples in Independent Countries (1989)
 The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (2000)
c) Conventions seeking to eliminate discrimination
 ILO 111 concerning Discrimination in respect of Employment and Occupation (1958)
 UNESCO Convention against Discrimination in Education (1960)
 The International Convention on the Elimination of All Forms of Racial Discrimination
(1965)
 International Convention on the Suppression and Punishment of the Crime of Apartheid
(1973)
 The Convention on the Elimination of All Forms of Discrimination Against Women (1979)
and its Optional Protocol (2000)
ii. REGIONAL CONVENTIONS FOR THE PROTECTION OF HUMAN RIGHTS
The UN Charter encourages the adoption of regional instruments for the establishment of human
rights obligations, many of which have been of crucial importance for the development of
international human rights law. The Council of Europe adopted in 1950 the European Convention
for the Protection of Human Rights and Fundamental Freedoms, supplemented by the European
Social Charter in 1961, the European Convention for the Prevention of Torture and Inhuman or

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Degrading Treatment or Punishment in 1987, and the Framework Convention on National
Minorities in 1994.
The American Convention on Human Rights was adopted in 1969, under the auspices of the
Organization of American States. This Convention has been complemented by two protocols, the
1988 Protocol of San Salvador on Economic, Social, and Cultural Rights and the 1990 Protocol to
Abolish the Death Penalty. Other Inter-American Conventions include the Convention to Prevent
and Punish Torture (1985), the Convention on the Forced Disappearances of Persons (1994), and
the Convention on the Prevention, Punishment and Eradication of Violence against Women
(1995).
In 1981, the Organization of African Unity, now the African Union, adopted the African Charter
on Human and Peoples’ Rights. Two protocols to the Charter have been adopted: the Additional
Protocol on the Establishment of the African Court on Human and Peoples’ Rights (1998), and the
Protocol on the Rights of Women in Africa (2003). Other African instruments include the
Convention Governing the Specific Aspects of Refugee Problems in Africa (1969), and the African
Charter on the Rights and Welfare of the Child (1990).
B. International custom
Customary international law plays a crucial role in international human rights law. The Statute of
the International Court of Justice refers to ‘general practice accepted as law’. In order to become
international customary law, the ‘general practice’ needs to represent a broad consensus in terms
of content and applicability, deriving from a sense that the practice is obligatory (opinio juris et
necessitates). Customary law is binding on all states (except those that may have objected to it
during its formation), whether or not they have ratified any relevant treaty.
One of the important features of customary international law is that customary law may, under
certain circumstances, lead to universal jurisdiction or application, so that any national court may
hear extra-territorial claims brought under international law. In addition, there also exists a class
of customary international law, jus cogens, or peremptory norms of general international law,
which are norms accepted and recognized by the international community of states as a whole as
norms from which no derogation is permitted. Under the Vienna Convention on the Law of
Treaties (VCLT) any treaty which conflicts with a peremptory norm is void.
Many scholars argue that some standards laid down in the Universal Declaration of Human Rights
(which in formal terms is only a resolution of the UNGA and as such not legally binding) have
become part of customary international law as a result of subsequent practice; therefore they would
be binding upon all states. Within the realm of human rights law the distinction between concepts
of customary law, treaty law, and general principles of law are often unclear.
The Human Rights Committee in its General Comment 24 (1994) has summed up the rights which
can be assumed to belong to this part of international law which is binding on all states, irrespective
of whether they have ratified relevant conventions, and to which no reservations are allowed:

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[A] State may not reserve the right to engage in slavery, to torture, to subject persons to cruel,
inhuman or degrading treatment or punishment, to arbitrarily deprive persons of their lives, to
arbitrarily arrest and detain persons, to deny freedom of thought, conscience and religion, to
presume a person guilty unless he proves his innocence, to execute pregnant women and children,
to permit the advocacy of national, racial or religious hatred, to deny to persons of marriageable
age the right to marry, or to deny to minorities the right to enjoy their own culture, profess their
own religion, or use their own language. And [...] the right to a fair trial [...].
Although this list is subject to debate and could possibly be extended with other rights not in the
field of civil and political rights (for instance, genocide and large parts of the Four Geneva
Conventions on International Humanitarian Law), the Committee underlines that there is a set of
human rights which de jure are beyond the (politically oriented) debate on the universality of
human rights.
C. General principles of law
In the application of both national and international law, general or guiding principles are used. In
international law, they have been defined as ‘logical propositions resulting from judicial reasoning
on the basis of existing pieces of international law’. At the international level, general principles
of law occupy an important place in case-law regarding human rights. A clear example is the
principle of proportionality, which is important for human rights supervisory mechanisms in
assessing whether interference with a human right may be justified. Why are general principles
used? No legislation is able to provide answers to every question and to every possible situation
that arises. Therefore, rules of law or principles that enable decision-makers and members of the
executive and judicial branches to decide on the issues before them are needed.
General principles of law play two important roles: on the one hand, they provide guidelines for
judges, in particular, in deciding in individual cases; on the other hand, they limit the discretionary
power of judges and of members of the executive in their decisions in individual cases.
D. Subsidiary means for the determination of rules of law
According to Article 38 of the Statute of the International Court of Justice, judicial decisions and
the teachings of the most qualified publicists are ‘subsidiary means for the determination of rules
of law’. Therefore, they are not, strictly speaking, formal sources, but they are regarded as evidence
of the state of the law. As for the judicial decisions, Article 38 of the Statute of the International
Court is not confined to international decisions (such as the judgments of the International Court
of Justice, the Inter-American Court, the European Court and the future African Court on Human
Rights); decisions of national tribunals relating to human rights are also subsidiary sources of law.
The writings of scholars contribute to the development and analysis of human rights law.
Compared to the formal standard setting of international organs the impact is indirect.
Nevertheless, influential contributions have been made by scholars and experts working in human
rights fora, for instance, in the UN Sub-Commission on the Promotion and Protection of Human
Rights, as well as by highly regarded NGOs, such as Amnesty International and the International
Commission of Jurists.

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Sources of Human Rights In Islam
Man is in essence valuable and worthy
The holy Qur’an regards man as one endowed with dignity.
“We have honoured the children of Adam.” (Surah al-Isra 17:70)
This dignity is a theoretical value, which may find a practical aspect. However, it must not be
imagined that this theoretical value exists in the considerations. Man’s dignity is the same as the
dignity of the angels and the Qur'an, which is the manifestation of God’s dignity. Of course, the
Holy Spirit is in essence great. Man's dignity shows that he has advantages. In other words, man’s
dignity implies that he has sublime traits. By virtue of the same reason, after the creation of this
great essence, God thus addressed lblis (Satan),
“Why did you not bow down before what I created with my own hands?” (Surah Sad 38:75)
This statement, namely the creation of Adam by God’s two hands shows that man is in essence
valuable and worthy, for this statement is used when we regard especial respect for something. For
instance, if someone prays for something with open hands, it shows his special favor, as God is
such when granting something.
“O you who grant things with two open hands.”
This explanation elucidates the point that the implications of such statements are not that God has
physical body or hand but the idea is that all divine essence has played a part in the creation of
Adam; hence, man can be the manifestation of all divine qualities and consequently, God’s
viceroy.
This theoretical dignity may contain much practical greatness. Due to this dignity, all legal and
ethical teachings must be designed in accordance with this theoretical principle. When we admit
that man is in essence valuable and worthy, we are consciously or unconsciously induced to believe
that neither freedom, security and so on is his right but they should be designed in such a way
which might correspond with his dignity.
Man is a God-seeking being
Man innately tends to seek God, for he sees Him, not with his physical eyes but with the eyes of
his heart. This God-seeking attitude is not unconscious, as it is not deterministic. It must not be
assumed that man seeks after someone lost but after a God whom he loves. On the basis of reason,
man does not have an independent entity but his existence is constantly dependent. However, this
dependence has nothing to do with another dependent being but it is dependent upon an
independent soul. Man is nothing but a dependent being. It is not such that man has perfect relation
to God but that the relation between Man and God is like spiritual poverty and perfect need for
Him;
“O people! You are poor before God.” (Surah al-Fatir 35:15)

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In this verse, there are two realities: firstly, man does not have an independent soul; secondly, his
relationship is only with God and he has no other relationship whatsoever.
Thus, any kind of formulating rights should correspond with this God seeking spirit. The set of
rights considering for man an independent soul or considering man independent of God does not
spring from a divine source. Of course, those who do not accept this source generally fall into the
pitfall of comparing things while everyone knows that man is a dependent soul. The atheists have
pinned their hopes on something or someone. The difference is that they do not consider God as
the independent soul. .
Man is eternal
From other sources in Islam, it is understood that man is eternal. This is perceived both by reason
and by the holy sayings. The holy Qur'an regards that man has an eternal soul who will step into
another world after this world and will enjoy eternity there. According to reason, man has an
incorporeal soul and that this soul is not exposed to destruction. According to reason, death
includes the separation of the soul from the body. And once more this separation is obliterated at
the command of God, the body becomes fit for the hereafter.
Everyone accepts this and the existing differences arise from the mistakes in comparison. All
human beings long for a longer life and strive to live longer. This implies that man innately seeks
after eternity; however, in comparison, some think that belongs to the hereafter.
However, one must know that man is a traveler on the path of life; of course, man comes to middle
abode in the minor apocalypse, then he enters the major apocalypse but the world comes to
destination in the minor apocalypse. The holy Qur'an holds that all cosmic order moves towards
God. This cosmic order goes towards resurrection to testify what its travelers have done or
complains of what they have done to redeem them. According to authoritative hadiths, this cosmos
and all its parts complain of, testify to or redeem deeds of man.2
Thus, all human beings seek after eternity but some others think that the world is eternal and do
not know that eternity is particular to the spirituality. This ignorant way of thinking has taken hold
of people from the very beginning. People accumulate wealth to achieve eternity or to destroy
death. On different occasions, the holy Qur’an views this way of thinking to be vain and elucidates
the real eternity:
“What is with you comes to an end but what is with God abides.” (Surah an-Nahl 16:96)
Man reaches the abode of stability
It might be imagined that eternity means reaching the abode of stability. However, it must be noted
that these two are separate from each other for we can imagine a being to be eternal but he will
never reach the destination but wander for all the time to come. The holy Qur’an uses delicate
statements to show that the cosmic order is purposeful.
“They will question thee concerning the Hour, when it (world) shall berth.” (Surah al-A’raf 7:187 and
Surah an-Naziat 79:42)

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According to this statement, the cosmic order sails like a ship in the ocean of the Being. It is
impossible that this ship may keep sailing but it must someday berth. From this one gathers that
the world will stand still somewhere and reach its abode of stability. Besides, the abode of stability
in this world is resurrection when man comes to meet the Almighty. For the same reason, one of
the names for paradise is Eden. Eden means place of rest. ln resurrection, man reaches his real
place of rest.
Man has Genetic Relationship with the Cosmos
Man - this eternal incorporeal essence that comes to meet the Almighty has inseparable
relationship with the Cosmos. Hence, nothing happens in man unless it affects his soul. Any
movement, speech and writing issuing from man affect his temperament; it begets either light or
darkness. Hence, all the issues including the legal principles are associated with man’s nature.
With the acceptance of this principle, it may no longer be concurred that man is free in everything.
Eating, dressing and the likes affect man.
Lawful (halal) food does not exercise the same effect that unlawful (haram) food does. Truth does
not have the same effect that untruth does. All these have special functions. For example, sin
blackens the heart and removes purity from it:
“What they have done has blackened their hearts.” (Surah al-Mutaffifin 83:14)
Upon committing a sin, some dust settles upon the heart and if man does not remove the dust, the
heart gradually becomes blocked and real blindness begins. Even any good or bad memory affects
the heart and the mind. With an ugly glance, the dust of sin settles on the heart. Then, it seems that
the ears and the eyes are functioning properly but they are out of their proper function. Although
the Holy Qur'an has stated the same thing about the eyes, but it is clear that this is allegorical, not
particular to the eyes only.
“It is not the eyes that are blind, but blind are the hearts within the breasts.” (Surah al-Haj 22:46)
By virtue of the same reason, although the Almighty transmitted His message to mankind, there
are some people that do not understand it. This verse also suggested the same thing as implied in
other verses that regards this group as deaf and dumb.3 Thus, according to Islamic doctrine, every
human act exercises a deep impact upon the soul and the mind.
Man has two Dignities: Social and Individual
To explain this, we have to talk in brief about the dignity of man.
That it is man that has originality or the society is to be dealt in the realm of philosophy, for
originality means true human being; and it is the philosopher who can determine what really exists.
Thus, the researchers in this field are indebted to the philosophers, for as long as the principle of
social life has not yet been detennined, it is impossible to provide proofs. It is clear that as the
present article does not deal with a philosophical topic, we should suffice ourselves with brief
explanations.

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The real existence of the society is always questioned; however, there is no doubt that many people
are really existent and each one of them has a special entity, their special attitudes and functions
and understand their being by intuitive knowledge. It has not occurred to anyone that the existence
of others is hypostatized, for anyone can perceive that their fellow beings exist and that many of
the traditions and customs are according to their nature. In some aspects, they satisfy his needs and
in some other aspects, they are in need of him. So, neither the existence of a large multitude of
people nor the mutual effects are rejected.
“I am a better god.” (Surah an-Naziat 79:24)
In contrast, there is another group who has achieved relative freedom. They hold that originality
is particular to the society and step in the way of serving people. They think that if the society is
corrected, the ultimate goal is achieved. If this way of thinking belongs to a monotheist, it arises
from his ignorance; for this way of thinking is particular to the school of materialism. It must be
noted that a materialist grabs at this thought ignorantly, for he cannot believe sacrificing himself
for others.
The secret of this matter lies in this that a materialist accepts that death is the end of man and that
he does not perceive any pleasure or pain after death. On the same basis, how can this person learn
about social welfare after death? After all, the life of any living creature is based on truth. If man
does not have eternal soul, how can one sense people's pains and pleasures?
The third group are the monotheists who have freed themselves from the dungeon of the individual
and the society and have ascended to the peak of divine school. They all have the divine color,
which are above all other colors.
“Who has a·better color than the Almighty?” (Surah al-Baqarah 2:138)
They protect their deeds from any sort of desruction and reach to the glorious peak of goodness
after passing the stage of justice and seek others joy at the cost of their own pain to lead others to
bliss. They justify their hunger with the saturation of people and buy their thirst by quenching the
thirsty ones and justify their lack of shelter by sheltering others. They are the striking examples of
this verse:
“They prefer others to themselves, although they are themselves in need.” (Surah al-Hashr 59:9)
Another characteristic of this group is that they always prefer others to themselves, but try to vie
others in goodness.
“They vie each other in good deeds.” (Surah al-Baqarah 2:148 and Surah al-Maidah 5:48)
The most important point to be taken into consideration is that they do sacrifices simply because
they wish to provide perfection to elevate their souls. In other words, all this goodness is not only
the sign of the originality in the ultimate order but it is a sign for the originality of the individual
as well, namely that in the ultimate order, one has to do good works to elevate his spirituality.

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Thus, in divine school, individual originality finds its special meaning. Therefore, in the active
order, the superior human beings make the society and originality belongs to them. In the ultimate
order, originality belongs to individuals but as it was expressed.
It must not be forgotten that these words are brought up in legal and moral discussions. However,
if they take the shape of philosophy, then it becomes evident that in the ultimate order and the
active order, originality belongs to God alone, and not to the individual or the society. This is our
belief:
“God is the beginning and the end.” (Surah al-Hadid 57:3)
With this conviction, the originality of anything save God in the active order does not correspond
with the priority of truth; as the originality of anything but God in the ultimate order does not
correspond with the truth which is the end of anything.
Conclusion
The above mentioned rights are so important that they have enjoyed an existence before they were
recognized by the United Nations Charter or any other international instruments. Therefore one
may conclude that such rights originate from natural law and that they lie at the foundation of the
international community.