The UDHR – From natural law to human right

The difference between natural law, natural right & human right

Reading time: 2-3 minutes.

Natural law, natural right, and human rights are closely connected to one another, but they are not the same thing. Natural law refers to the universal, immutable rules that govern the physical world and the behavior of nature—think, for example, of the laws of gravity. These laws cannot be changed by human action. Natural right, on the other hand, concerns moral principles and rights that are inherent to human nature, and that stand above man-made law. This idea underlies the notion that some rights are universal and inalienable. Human rights, in turn, represent the concrete elaboration of these ideas in the form of treaties that are recognized and protected by society. The Greek philosophers already made the distinction between ‘physis’ (natural right) and ‘nomos’ (man-made law). The Ius Naturale—’the law common to all peoples’—of the Ancient Romans likewise rested on the idea that universal rights inherent to human nature exist. These rights are considered ‘naturally given’ and apply to everyone, regardless of time or place.

An international treaty on human rights

In the seventeenth century, during the Enlightenment, natural right acquired the character of fundamental rights that would always apply to every individual. Thinkers such as John Locke (1632-1704) argued that every human being has rights by nature, such as the right to life, liberty, and property. These rights became freedoms that apply to all people, regardless of nationality, race, gender, religion, sexual orientation, or other characteristics, based on moral and ethical principles, but not necessarily ‘naturally’ given. It is rather a cultural construction. Human rights are more of a social contract between all of us, to respect each other’s dignity and freedom.

Three centuries later, such propositions were also officially enshrined in international treaties and declarations, consider the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on December 10, 1948. Although the UDHR is not strictly binding – in fact, it is not a law – it does have global influence and is considered a moral and legal reference in the administration of justice. Binding UN treaties such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights rely on the UDHR. More than 90 constitutions even refer to it explicitly.

Human right is independent of beliefs

Everyone has the right to believe what he or she wants, but it is not right to force your beliefs on others. No one is obligated to believe in God, and even believers do so in their own way. Natural law is based on universal principles, rooted in human reason and experience. It is completely separate from religious beliefs, nor can it be based on religious revelation. To establish ethical and legal standards that apply to everyone, logical reasoning and empirical observation must suffice. Rights must therefore transcend political and religious differences.

Human rights are an example of norms derived from natural law. These universal rights, such as the right to life, liberty and equal treatment, are based on the belief that every person inherently deserves dignity and respect. They form a foundation for just societies and should be protected by laws that apply to everyone, regardless of their background or beliefs.

Read more:

• The Universal Declaration of Human Rights (UDHR) can be read on the Amnesty website. Accessed 15/9/2024.
• Article on the Dutch Amnesty website (article in Dutch): Universality and universal values. Accessed 15/9/2024.
• Article on Unesco: Natural law and human rights. Last accessed 7/10/2025.

 

Photo: Children view the Universal Declaration of Human Rights. Source image: Wikimedia Commons.

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