Human Rights and Good Government
Tengku Razaleigh Hamzah
December 10 marks the 61st Anniversary of the Universal Declaration of Human Rights “in recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family”.
Proclaimed at the end of war that had witnessed “barbarous acts which have outraged the conscience of mankind”, it recognized that such acts came out of a disregard and contempt for human rights. It recognized human rights as “the foundation of freedom, justice and peace in the world.”
Human rights are defined against or at least with respect to the powers of the state. They are “international norms that help to protect all people everywhere from severe political, legal, and social abuses.” More often than not, human rights are meant to protect individuals and minorities from governments and majorities.
Human rights are often defined in the negative, that is to say, they often define what may not be done to individuals. The basic rights of right to life, liberty and security of person are rights not to be interfered with in certain ways. Such rights are defined as limits upon the powers of the state, articulated after a World War in which it had become clear to all the world that state-sponsored brutality had plumbed new depths of barbarism.
The declaration also defines political and civil rights. Although defined in legal terms, these rights are universal, whether or not they have been enacted in any particular jurisdiction.
The declaration defines political, civil and social rights but also rights to a certain standard of living (Article 25) and to education (Article 26).
The language of human rights is legal and abstract, but the human dignity and equality it aims to uphold take shape in the real world through institutions and practices. The fundamental rights it champions must be enacted and protected by the organs, arms and agencies of the state. The substantive rights it guarantees must be delivered by government.
Human rights thus require a framework of good government in order to be more than paper guarantees.
Whatever the specific features of the government under which people live, their human rights will not be assured without the government itself abiding by certain basic principles, and being subject to the rule of law.
Let me just draw on some examples from my experience.
