Michael Boylan's article, "Are There Natural Human Rights?" offers us two avenues of inquiry into the truth of these natural rights. He leads into the discussion with "H.L.A. Hart’s controversial 1955 article, 'Are There Any Natural Rights?' The article argued that natural rights (what we typically call human rights) were an invention of the European Enlightenment, mere social constructions." Then he explores the two avenues to the defense of natural human rights: "(a) whether authors argued for human rights before the European Enlightenment, and (b) whether there is a logical basis for human rights that would demonstrate its applicability to all people regardless of when it was recognized to be correct."
I suggest that there is a middle ground, a position between the relativist position and some universal applicability, one that doesn't slip into the either/or, all or nothing argument. Human rights appear to be a conceptual framework that has and continues to evolve out of basic human nature. These concepts arise out of human empathy.
Robert Lee Hotz, "Tracing the Origins of Human Empathy" in The Wall Street Journal Science Journal starts out with, "A pioneer in primate studies, Frans de Waal sees our better side in chimps, especially our capacity for empathy. In his research, Dr. de Waal has gathered ample evidence that our ability to identify with another's distress -- a catalyst for compassion and charity -- has deep roots in the origin of our species. It is a view independently reinforced by recent biomedical studies showing that our brains are built to feel another's pain." This seems to be innate, not learned, as Hotz goes on to say,
"It starts on day one, when a baby cries because it hears another baby cry,"
Since we feel empathy for others, we tend to feel they deserve the same basic treatment we expect for ourselves, such as the right to food and shelter. At least we feel that way to a point.
Respect for some collection of basic rights is built into our various moral codes, always subject to change and interpretation. For the bulk of human history, it was assumed that these codes were not natural, but rather imposed upon us by a deity who rewards us for following them and punishes us for ignoring them.
Sam Harris, in The Moral Landscape: How Science Can Determine Human Values makes a convincing argument for human morals and values independent of any deity, and he claims, probably correctly, that science can and will explain and quantify these values.
The idea of the applicability to all people of these rights is an always evolving concept, one that will never be perfected.
Humans started out living in small groups, tribal units and/or extended families. The others in these groups constituted the entire social milieu, the entire support system. Whatever applied to the self, applied to these others. If you had the right to produce, consume and speak your mind, the others had those rights also. However, people outside the group were most often seen to have none of these rights, as people have made war on neighboring groups throughout human history and pre history. If someone from another group was hungry, he had the right to eat, unless he encroached one our territory or food supply to do so.
As our home group grew, our notion of who had rights also grew. When humans found themselves living in towns, cities and nations, things became complicated. They no longer were either related to or even knew everyone in their group, so rights had to dispersed in some way. Clearly, those who followed the rules, talked like us, behaved like us and shared the same beliefs were more worthy of possessing human rights that those who were different. Those in other cities or nations had less of a claim on those rights.
As we approach a global society, there are those who feel that human rights are both natural and universal. This idea has evolved with gains in food security, personal and national security and education. Where these are lacking, the concept of natural human rights is less evolved.
Will there come a day when these rights are universal and universally accepted? Doubtful. Will there come a day when everyone is well educated, has enough money and food and is totally secure? Universal natural human rights is a concept many of us believe in the abstract. However, we still go to war, kill people who break the rules and turn away when others are starving.
I suspect that acceptance of these rights will continue to evolve, unless civilizations reverses itself, as it has done in the past. In any case natural human rights will be an elusive goal, but never a final destination.