Natural Law & the Moral Foundations of Human Rights
| Autor | John J. Montoya-Rivera, S. J. |
| Páginas | 33-46 |
33
NATURAL LAW & THE MORAL FOUNDATIONS
OF HUMAN RIGHTS*1
Introduction
The fundamental discourse of human rights since Enlightenment emerged in its most secularized ver-
sion powerfully connected to the recognition of subjectivity and freedom in relationship with the State.
Such ties fractured the moral foundations of human rights by neglecting its roots on natural law.
This essay tries to reflect on the limits of a purely secular approach to human rights. It attempts to
demonstrate that the main foundational sources of natural law —which are justice and human nature
as the source of moral knowledge— have decisively contributed to the notion of natural law and later
on to the emergence of human rights.
The aim of this essay is, firstly, to identify the rational foundation of natural law in the Western
tradition, as a source of the idea of human rights. Secondly, it will consider the conceptual difficulties
in using rights language within Catholicism. Thirdly, it will explore the theological approach to hu-
man rights rooted in concepts such as “human dignity” and “image of God” which might challenge
and enrich the secular view of human rights.
Natural Law as the Rational Foundation of Human Rights
In the last centur y, the conceptual point which has generated confusion in the discourse on the foun-
dation of human rights is whether they are of legal or of moral character and whether they belong to
what has been constituted by natural law.
Prima facie it may seem that, when we speak of human rights, we refer to normative situations
generated by provisos of both national and international legal systems. Under this interpretation,
human rights would fundamentally be constitutional rights. But, when we speak of human rights
to measure the freedom and dignity of citizens, to evaluate laws, institutions, actions of the govern-
ments, these rights are not identified with norms of positive law even though they are recognized
by juridical norms. So, respect for human rights is demanded even when legal systems or political
institutions do not admit them.
* Long essay to obtain a degree of Bachelor in Divinity from Heythrop College, University of London, 27th June 2007. My gratitude to Dr.
Antony Carroll, PhD, who supervised this paper.
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