THE CONCEPT OF HUMAN RIGHTS IN BUDDHISM

 

THE CONCEPT OF HUMAN RIGHTS IN BUDDHISM

Bhakti Ram Ghimire

Advocate

Phd Scholar at LBU, Nepal.

Human Rights

Today people around the world are aware of their own fundamental rights. They also witness violations of human rights in the name of religion, politics, personal ambitions etc.

Human rights are a matter of morally binding law, but they have increasingly become a matter of politics as well. Lawyers, politicians and governments, nongovernmental organizations, men and women, the elderly as well as children, violators as well as victims all of them are involved in the issue of human rights.

The term of 'human rights' means the rights that belong to all people, equally, irrespective of their citizenship, nationality, religion, race, ethnicity, language, gender, or abilities. Today we consider as human rights mainly those rights that are protected by universal or regional human rights conventions. Human rights conventions are legally binding international treaties during states or countries. The conventions the states commit themselves to guarantee certain rights both to their own citizens and to other people who reside in their territory.[1]

Basically, human rights are the claim of the individual for such conditions that are important for the fullest realization of innate characteristics which nature has bestowed him or her as a human being. In other words, they imply that there are inherent and inalienable rights which are due to an individual by virtue of his or her being a human being and they are necessary to ensure the dignity of every person as a human being irrespective of one's race, religion, nationality, language etc.

Human rights, therefore, mean different things to different people. However, a great number of standard setting international documents have been drawn up mainly under the auspices of the United Nations. Some of these have been signed and ratified by countries often subject to reservations regarding international enforcement procedures. They have nevertheless been seen as establishing international obligations. The most broad-ranging documents are the UDHR, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

The Origin of Universal Declaration of Human Rights

Since the representatives at the United Nations conference in 1945 wrestled with reconciling their various conceptions of human rights, the clauses relating to human rights that were finally included in the United Nations Charter were very ambiguous. The United Nations assigned a Commission, with Eleanor Roosevelt as chairperson, to clarify the Charter's references to human rights. The result was a statement of universal goals concerning human rights and freedom, which was adopted by the United Nations General Assembly in 1948. The Declaration is not legally binding, but its content has been incorporated into many national constitutions, and it has become a standard measure of human rights. [2]

The Declaration is divided into two broad categories or rights, (1) personal, civil and political rights and (2) economic, social and cultural rights. The Declaration of Human Rights assert, (1) that everyone has the right to life, liberty and security of person, ·(2) that no one shall be held in slavery, (3) that everyone is equal before the law, (4) that no one shall be arbitrarily arrested, (5) that everyone is guaranteed the freedom of movement, ( 6) that everyone has the right to work, the right to social security and the right to association.[3]

The proclamation can be seen as a turning point in the international protection of human rights. Prior to this, certain rights that are now considered to be human rights had been protected through international conventions within the framework of the International Labour Organization and through minority protection arrangements based on the Treaty of Versailles signed after World War I. The UDHR was, however, a genuinely universal document that endeavored to cover the whole field of human rights. Thus it also formulated a definition of what was meant by human rights. [4]

Universal Declaration of Human Rights

It is the first time in the history of the world that mankind had a document declaring in simple and succinct terms the inherent civil, political, economic, social and cultural rights to which all people were entitled, irrespective of any considerations other than their being human, and which it was in no person's power to take away. The Universal Declaration thus provides a yardstick by which men and women can judge for themselves the extent to which their respective governments, organizations, groups or other person respects their rights and freedoms, and the degree to which they themselves are respecting the rights and freedom of others.

The Preamble of the UDHR declared that, (1) it was recognized the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, (2) human rights are being disregarded and disdained, (3) it is necessary human beings should be protected from tyranny and oppression, (4) it is essential to promote the development of friendly relations between nations, (5) the members of United Nations have reaffirmed in tie charter their faith in human rights, dignity, worth of human person, and in equal rights between men and women, (6) the member states have pledged themselves to the promotion of universal respect for and observance of human rights and fundamental freedoms and (7) the common understanding of these rights and freedoms is the greatest important for the full realization of this declaration.

Due to these reasons, the General Assembly of the United Nations adopted and proclaims the UDHR as a common standard of achievement for all people and all nations. The UDHR consists of 30 articles setting forth the fundamental human rights and freedom to which men and women everywhere in the world are entitled, without discrimination. They can be summarized thus:

Article 1 asserts the aim of the Declaration as "All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act toward one another in a spirit of brotherhood". Article 2 sets out the basic principle of equality without distinction of any kind, such as race, sex, language or religion etc. Articles 3 to 21 deal with civil and political rights. Articles 22 to 27 deal with economic, social and cultural rights.

Article 28 and 30 recognize that everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized, and stress the duties and responsibilities which each individual owes to the community. And article 29 states that everyone has duties to the community, in the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedom of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society, and adds that in no case may human rights and freedoms be exercises contrary to the purposes and principles, of the United Nations.

Understanding the UDHR enables us to understand that Human rights are the fundamental things in life that every person on the planet is entitled to. They are defined as those fundamental standards that allow people to live in dignity as human beings; allowing the overall development of individuals and communities.

Besides these, it enables us to recognize that the declaration also enumerates certain limitations to these rights and freedom. It provides that everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.[5] Everyone has duties towards the community and recognizes that the rights of individuals are subordinate to and only to the just requirement of morality, public order and general welfare in a democratic society, for the due recognition and respect for the rights of others and also that they cannot be exercised contrary to the purposes and principles of the United Nation.[6] Nothing this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.[7]

 

Human Rights in Buddhism

We shall find out whether Buddhism speaks of human rights? And if so, what are they? To begin with the word 'right' is analyzed in two ways; first as a 'term' and then as a 'concept'.

'Right' as a 'Term'

The words 'rights' and 'human rights' are modem linguistic applications. The term 'human rights' particularly "is a twentieth-century name for what has been traditionally known as natural rights or, in a more exhilarating phrase, the right of men"[8] In Buddhism we do not find the exact translation of the term in Sanskrit or Pali. Although, the word 'right' or 'human rights' does not evidently appear in Buddhist terminology, we find the term 'duties', which have been emphasized in the cultures represented by this language in the Pali term 'Dhamma' and Sanskrit term 'Dharma, standing for truth and leading to the truth.

Damien Keown adds that it would appear that both the objective sense (straight) and the metaphorical moral sense (rectitude) of the word 'right' referred to earlier occur in Buddhism as well as in Western languages. Despite a common Indo-European etymology, however, there is no word which conveys the idea of a 'right' or 'human rights' in Sanskrit or Pali, understood, as a subjective entitlement.[9] Another point that would be interesting to consider with the term 'right', is the Noble Eight-fold path,[10] or the Middle Way, which is the prominent principle of Buddhism. They are as follows:

I.                         Sammaditthi                                                    Right view

II.           Sammasankappa                                              Right thought

III.          Sammavaca                                                     Right speech

IV.          Sammakammanta                                            Right action

V.           Samma-ajiva                                                    Right livelihood

VI.          Sammavayama                                                Right effort

VII.        Sammasati                                                       Right mindfulness

VIII.       Sammasamadhi                                               Right concentration

Here the Pali term 'samma' is translated into 'right' in English. But it is not an exact translation of 'right'. But it means proper or correct practice of the eight factors of Middle Way or the Noble Eight-fold Path. Therefore, it cannot be said that the terms are exact translations for the terms 'right' and 'human rights' in Buddhism.

'Right' as a 'Concept'  

In the preceding writing, the focus was on the exact term that is compatible with the term 'right' and concluded that in Buddhism there are no exact and equivalent terms to 'right' and 'human rights'. Does this mean that the concept of 'right' and 'human rights' is unfamiliar to Buddhist thought?  Not necessarily. [11]  According to Alan Gewirth:

Cultures may possess the concept of rights without having a vocabulary, which expresses it. And it is 'important to distinguish between having and using a concept and the clear or explicit recognition and elucidation of it ... Thus persons might have and use the concept of right without explicitly having a single word for it.[12]

He goes on to say that the concept of rights can be found in feudal thought, Roman law, Greek philosophy, the Old Testament, and in primitive societies.[13] Anthropological studies of African tribal regimes of law have shown that the English terms 'right' and 'duty' are usually covered by a single word, which, derived from the form is normally translated as 'ought'. He suggests that the best English translation in these cases is 'due' because 'due' looks both ways along a juridical relationship, what one is due to do, and to what is due to one.[14] In the observations on the Declaration of rights, Thomas Paine said: While the Declaration of rights was before the National Assembly, some of its members remarked, that if a Declaration of rights was published, it should be accompanied by Declaration of duties.... A Declaration of rights is, by reciprocity, a Declaration of duties also. Whatever is my right as a man, is also the right of another; and it becomes my duty to guarantee, as well as to possess.[15]

Hohfeld, a legal philosopher has emphasized the connection between rights and duties that there cannot be a right without a duty. Right in one person presupposes a duty in another. The concept of a right without a duty is meaningless.[16] From the above mentioned documents, it can be surmised that right as a concept may exist where a word for it does not. Could it be the case in Buddhism'? What is due in any situation in Buddhism is determined by reference to Dhamma. Dhamma determines what is right and just in all contexts and from all perspectives.

The Directions (Cha Disa) as the Duties Serving among the Members of Society

In the Sigalovada Sutta,[17] the Buddha explained the six directions (cha disa), namely, the duties between parents and children, between teachers and pupils, between husbands and wives, between friends and companions, between masters and servants and between laymen and monks. It means that the duties of one correspond to the rights of the other. For instance, in five ways the pupils should minister to their teachers;

(1) By rising to receive them,

(2) By waiting upon them,

(3) By eagerness to learn,

(4) By personal service,

(5) By attentively learning the arts and science.

And the teachers also should serve their pupils in five ways;

(I) they train them so that they are well trained,

(2) They teach them in such a way that they understand and remember well what they have been taught,

(3) They thoroughly instruct them in the lore of every art,

(4) They introduce them to their friends and companions,

(5) They provide for their safety and security in every quarter.

In this regard, if the teacher has a duty to teach his pupil, the pupil has a right to receive teaching from the teacher. Or in the case of husband and wife, a husband should serve his wife in five ways:

(I) By honoring her,

(2) By being courteous to her,

(3) By being faithful to her,

(4) By handing over authority to her,

(5) By providing her with ornaments.

And the wife also should serve her husband in five ways;

(I) The household affairs are being well managed,

(2) She should be hospitable and helpful to friends and relations of both her and his,

(3) She should be faithful to him,

(4) She should take care of the goods he brings home,

(5) She should be skillful and industrious in all her duties.

If the husband has a duty to support his wife, the wife has a right to receive supporting from her husband. If the wife has a duty to look after her husband's property, the husband has a right to the safekeeping of his property by his wife. The Buddha's teaching in this Sutta mentions the duties of the members of society. If the inhabitants of society took care of their duties, it means they are corresponding to the rights of the other. Rights, therefore, entail duties on the part of others. Where one has a right to something, the others have a duty to respect that right.

Five Precepts (Panca sila) as the Basic Right among the Members of Society

Another Buddhist doctrine for social welfare and support of human rights is Pancasila or the five precepts.[18] According to Buddhist tradition, one is considered a Buddhist if one takes the triple gem; the Buddha, the Dhamma and the Sangha as one's refuge, and undertakes to observe the five precepts; (1) to abstain from killing any living beings, (2) to abstain from taking what is not given, (3) to abstain from sexual misconduct, (4) to abstain from false speech and (5) to abstain from intoxicants. And also in Buddhist tradition, before performing good deeds such as celebration of a new home, listening to Dhamma or offering (Dana), the Buddhist lay followers take it upon themselves to observe the five precepts. Furthermore, people who advanced enough in value can observe eight precepts on specified days. They are (1) to abstain from taking life, (2) to abstain from taking what is not given, (3) to abstain from unchastity, (4) to abstain from false speech, (5) to abstain from intoxicants causing heedlessness, (6) to abstain from untimely eating, (7) to abstain from dancing, singing, music and unseemly shows, from wearing garlands smartening with scents, and embellishment with unguents, and (8) to abstain from using high and large luxurious seats and beds.[19]

Such a teaching has the wellbeing of all members in society as its aim and provides for diligent practice of friendly action which is the mark of a truly social being.

In comparing to the concept of human rights, we see that the five precepts serve as principal social pillars. If all human beings act in accordance with the five precepts, then there is no need for the UDHR. Looking in its detail, several provisions that are declared in the UDHR also can be seen within the framework of the five precepts.[20] The five precepts constitute the fundamentals of human rights and duties between individuals, and between individuals and society.

Paragraph 1 of article 29 of the UDHR contains a provision explicitly establishing duties for individuals "Everyone has duties to the community",[21] it is affirmative of the terms "there cannot be a right without a duty", and "the concept of a right without a duty is meaningless". Therefore, if one does one's duty it means he is supporting the right of others, whosoever, for instance, consider the first precept - to abstain from taking life; it means he is supporting the right to life. Or in the second precept - to abstain from taking what is not given, he is supporting the right to property. Therefore, rights and duties are important conditions complementing to each other. Without duties, rights are not practicable and without rights duties have no existence. These are like two sides of the same coin.[22]

For self-improvement of individual, five precepts are the starting points for the spiritual journey towards Nibbana. And for the improvement of the society, these precepts enable men to live together in civilized communities with mutual trust and respect, where the human rights of all members are maintained. Thus restraining to the five precepts not only safeguards human rights and freedom, but also mental and physical health, generating a tension-free society with healthy homes for bringing up happy families and communities. According to these precepts, human rights must be protected for the following reasons:

(1)  It is natural to protect one's own life, and it would not be natural to deny that right to another. Hence one should abstain from killing.

(2)  It is natural to employ various means to preserve life, and so long as the possession of the means of livelihood does not become a means towards a different end, such as property becoming a source of power, or need becoming greed, it would not be natural to deny the right of property to others. Hence one should abstain from stealing.

(3) It is natural to preserve life by satisfying the needs of life, but it would not be natural to allow this satisfaction to become an obsession disturbing one's inner harmony and a matter of greed depriving others of what belongs to them in order to satisfy one's lusts, whether lust of passion or lust of power. Hence one should practice self-restraint as a natural thing.

(4)  It is natural for the intellect to search for the real meaning of phenomena, of events, of causes and effects and their implications and anything, which would thwart this search is unnatural. Hence one should abstain from untruth.

(5) Finally, if the appreciation of human attainment is natural, anything which would degrade this attainment would be unnatural. Hence one should abstain from all things that be muddle the mind and confuse it.[23]

From the references which have been studied, we can say that we cannot deny of deep involvement of Buddhism to the concept of human rights; in Buddhism also we affirm that there is a study of the concept of human rights. In favor of this view, in his book 'Buddhism and human rights: a Buddhist commentary on the Universal Declaration of Human Rights', Professor Perera summarized his understanding and appreciation of the role of Buddhism with regard to human rights on Article one:[24]

  This Article (which is really the basis of all human rights) is in complete accord with Buddhist thought, and may be said to be nothing new to Buddhism in conception. The Buddhist view of human rights emerges from two basic assumptions, one philosophical and the other ethical. The philosophical assumption - and this is what matters here - is that human beings are born with complete freedom and responsibility. Not being the creations of a Creator, they are subject only to non-deterministic causal laws, and their destinies are therefore in their own hands. The freedom of human beings as commencing from their birth itself, and the recognition of their equality in dignity and rights are reflected clearly in the Buddha's emphasis on self-reliance, which He did by extolling what He called attakara (personal effort), purisakara (human endeavor), purisathama (human strength), purisaviriya (human energy), purisaparakkama (human valor) and purisadhorayha (human responsibility).[25]

The aim of the UDHR is to promote universal respect for, and the observance of, human rights and fundamental freedoms for all without distinction as to race, colour, sex, language or religion ... birth or other status,[26] to develop freedom, equality, dignity, justice, rights and the spirit of brotherhood in the world. These ideals are in complete accord with the Buddha's teachings and there is nothing new to Buddhism as the above-mentioned opinion of Professor Perera indicates clearly.

We have understood, from the previously, that there is the concept of human rights in Buddhism. Now we will closely consider how Buddhism contains the idea of human rights, and how does it work. In this respect we will mention some of the prominent characters of Buddhism on human rights.

 

CONCLUSION

Even though there not found exact term regarding the 'Human Rights' in both Pali and Sanskrit languages in Buddhist manuscripts. But current study mainly enabled us to know that the concept of 'human rights' discussed in Buddhism and this writing asserted the concept of equality, peace, democracy, freedom, liberty and fraternity in the Buddha's teaching.

Furthermore, we saw that there cannot be right without duties. One's duties presuppose others' rights. If one performs one's own duties, one takes care of other's rights. We can found that five percepts: abstains from taking life, supporting the right to life, observes the second precept, abstain from taking what is not given and supporting right to property.

For the question why there is no exact term of right or human rights in Buddhism, it may be answered that the terms 'right' and 'human rights' are the terms of modern age. Buddhism came into existence 2500 years ago, but the question of human rights is embedded deeply in the Buddha's teachings. And another reason is that Buddhism emphasizes on duty more than right. In decentered society all individuals perform their own duties with Metta; loving-kindness, Karuna; compassion, Ahimsa; nonviolence and Khanti; tolerance, without Tanha; desire, Mana; conceal, Ditthi; views and beliefs. The concept of right; equality, liberty, freedom and fraternity will automatically come into their aim, then welfare, happiness and peace will return to the world truly and permanently.

The aim in life may be given in various ways among individuals of society. An artist may aim to paint masterpieces that will live long after he died. A scientist may discover some laws, formulate a new theory, or invent a new machine. A politician may wish to become prime minister or president or create a new political system. A young man may aim to be a managing director of some company. However, when we ask them why they aim so, reply will be these achievements will meet their purpose of life and make happy. Everyone aims for happiness in life so that people around us has their own purpose but cannot seek and achieve one's own happiness and peace without collective responsibility in a society. It means that besides one has a right to do, to have something in the society, also has duty not to infringe upon others' rights.

Sila, in Buddhism signifies the character and conduct of a person who is considered virtuous or inclined and who is generally virtuous or inclined they do no harm to others. Without spiritual background man cannot have moral responsibility and the society will always be in danger. Thus, Sila is the principle of human behavior that promotes an orderly and peaceful existence governed by a code of ethics according to Buddhist philosophy.

It is said that wisdom cannot be acquired without Sila. In order to attain real happiness and peace, one has to develop Sila (morality), Samadhi (mental culture) and Panna (wisdom) forms three divisions of the Noble Eightfold path. Sila is the preliminary stage and is a means to an end, it is the stage of purity on the way towards real peace or Nibbana. Sila and Panna form an apex as the pair of wings of a bird; wisdom is like unto man's eyes, morality is like unto his feet so, these two are complementary virtues.

Finally, as long as a man's lives with Sila and Panna members of society will be in happiness and peace. When every member in society lives with Sila and Panna, responsibility will appear naturally, at that stage there is no need to call for rights, equality, freedom, and liberty, as they are the ideals of the Universal Declaration of Human Rights.

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[1] Concept of Human Rights <http:///www.ykliitto.fi/ourcomhar/2whather.html> (accessed on Juae 11, 2005)

[2] Phra Dhammapitaka (P.A. Payutto), Human Rights: Social Harmony or Social Disintegration, p.26.

[3] UDHR, Paragraph 8

 

[4]  Ongoing Struggle for Human Rights; The Universal Declaration of Human Rights (accessed on January 10, 2006).

 

[5] UDHR, Article 28.

[6] Ibid., Article 29.

[7] Ibid., Article 30.

[8] Maurice Cranston, What are Human Rights?, p.l.

[9] Damien V. Keown, Charles S. Prebish, and Wayne R. Husted, (ed), op.cit., p.20.

[10] Ibid.

[11] Darnien V. Keown, Charles S. Prebish, and Wayne R. Husted, (ed), op.oit., p.20

[12] As quoted in Ibid

[13] Ibid.

[14] Ibid.

[15] Thomas, Paine, Rights of Man, p.69.

[16] Hohfeld, Rights without duties, (accessed on May 10, 2005)

[17] D.III.189-192.

[18] lbid.,III.235; A.III.203,275; Vbh.285.

[19] A.IV.248.

[20] Phra Dhammapitaka (P.A. Payutto), Human Rights: Social Harmony or Social Disintegration, p.41.

[21] UDHR Article 29.

[22] Dr. Basudev Nanda, Political Theory, p.87.

[23] A. Adikari (ed.), Mahabhodhi Centenary Commemorative Volume; Sambhasa, pp. 271-72.

[24] All human beings are born free and equal in dignity and rights. They are endowed with reas:Jn and conscience and should act towards one another in a spirit of brotherhood.

[25] L.P.N., Peraera, Buddhism and Human Rights: a Buddhist Commentary on the Unive l Declaration of Human Rights, p.21.

[26] UDHR Article 2.