[i]Human Rights: A biblical perspective

 

1.      [ii] The gap between secular and Christian

 

A.     The gap between secular and Christian legal thinking is nowhere more evident than in a discussion of human rights. The biblical view of law begins with God as creator. As such he is empowered to grant privileges to, and place obligations upon, mankind, who are part of his creation. In addition, human beings are created in God’s image ([1]Genesis 1:27–28), a status which confers dignity as well as unique privileges and obligations – which the rest of the Bible proceeds to spell out.

 

B.     There are no words in Scripture that correspond directly to our (modern day) concept of ‘rights’ as legal entitlements. The relevant Hebrew words are din, mishpat and tsedek. Din comes closest where it refers to a cause of action, such as pleading the cause of the fatherless before a judge (e.g. [2]Jeremiah 5:28). Tsedek refers to justice in an abstract sense rather than in the sense of an enforceable ‘right’. Mishpat embraces the concept of justice and can refer to ‘divine commands or rules, which benefit certain categories of people’ but, again, does not denote specific rights over others as in the modern concept. In the New Testament exousia is sometimes translated as ‘right’. It is used in [3]John 1:12 and refers to the believers’ ‘right’ (exousia) to become sons of God. In this context, however, exousia is not something that human beings possess inherently or autonomously (separately). Rather, the right to become sons of God is granted by God’s sovereign authority.

 

C.     Furthermore, the biblical understanding of privileges and obligations is stated in negative terms, e.g. ‘you shall not steal’. It is this very negativity that guarantees liberty because everything not expressly forbidden is allowed. As such the law provides a hedge around freedom, outlawing only those things that would be injurious to society. This biblical idea of negative law influenced the development of certain doctrines of law (i.e. English law, including the Bill of Rights in 1689), which tended to use ‘freedom from’ language as opposed to ‘freedom to’ language.

 

D.     By contrast the other doctrines of law (i.e. European Charter) uses ‘freedom to’ language. The danger with this approach is that people assume or tacitly accept that they are only entitled to such freedoms as the state (or some other body) chooses to give them. In addition, by setting out the law in terms of negative obligations rather than positive rights – and in contrast to the self-centeredness of modern society – biblical law reminds us of our duties towards others rather than their duties towards us.

 

2.      Judicial relativism of the modern era

 

A.     [4]Judicial relativism of the modern era established human rights are in no way protected against arbitrary power, as the discernment of right and wrong is simply given over to an all-powerful state charged with making its own criteria. Attempts to revive the doctrine of natural law are understandable, but possibly doomed to fail, as natural law cannot satisfy the common thinking of contemporary man and the modern concept of law.  The task is rather to see clearly the significance of law within, and in relationship to, biblical revelation.

 

3.      The Bible, law is justice and Jesus Christ is God's justice:

 

A.     There can be no justice whatsoever, even relative, outside Jesus Christ. This is clearly demonstrated by the fact that he who rejects Jesus Christ immediately condemns himself, because justice is no longer possible for him ([5]John 3:18). He can indeed no longer invoke his just works before God, since there is no justice outside of him who is righteousness. Works, whatever they may be, cannot be separated from the person of Jesus Christ. Conversely, he who believes is already justified by his believing, without being judged, for he who judges is also he who justifies (John 3:18 and [6]5:24). This is another way to show that there can be no study of law outside Jesus Christ; there can't even be human law, however relative, if it is not founded in Jesus Christ.

 

4.      In the Bible there are no natural rights:

A.     'My right is in the Lord' ([7]Isaiah 49:4). Man has no other right but that which is in the Lord and given by the Lord. Thus, Jesus Christ alone has rights before God. From him alone men receive rights before God.

 

B.     Human rights are given to humanity through God's covenants, which recognize the original image bearing creation and thus include the idea of human dignity. In these covenants God both establishes law and grants rights: The notion of human rights depends on man's God-given status as party to a contract. To put it differently, God gives man certain rights, placing him in a [8]juridical (authorized) situation in order to make his covenant genuine. Thus it is here that human rights receive their absolutely firm foundation, for:

 

1.                  While Jesus Christ radically abolishes human justice and divests man of all his conquests, his powers and his rights, he is also the foundation of man's new rights. For he, Jesus Christ, acquires these rights for man. In the new covenant Christ is not only the victim in whose blood the covenant is concluded. He is also the one who concludes the covenant with God in behalf of all men. He is the only man with whom God is well pleased. Through him God views all mankind. This is the miracle of substitution wherein Jesus Christ asserts human rights.

 

5.      A survey of the most challenging philosophies of human rights has left us with no adequate foundation for human dignity.

 

A.     One argument states that if legal rules of evidence are applied, the witnesses of the New Testament to Jesus Christ as the risen Son of God will be found credible; thus the teachings of Jesus Christ may be seen to reveal God's will and to establish a foundation for human rights. The [9]epistemological problem is resolved by demonstrated divine revelation. Once you have met God incarnate you have no choice but to trust Him: as to the way of salvation, as to the reliability of the entire Bible, and as to human rights.

 

B.     Human rights are therefore to be derived from the Bible and not man-made philosophies with a man-centered foundation. God has sanctioned human rights through his Son Jesus Christ.

 

6.       A list of human rights includes the following procedural due process rights:

A.     Impartiality of tribunal

1.                  Malachi. 2:9 So I also have made you despised and abased before all the people, just as you are not keeping My ways but are showing partiality in the instruction. 

2.                  1 Timothy 5:21 I solemnly charge you in the presence of God and of Christ Jesus and of His chosen angels, to maintain these principles without bias, doing nothing in a spirit of partiality.

·        21 Bu söylediklerimi, taraf tutmadan ve hiç kimseyi kayýrmadan yerine getirmen için seni Tanrý’nýn, Mesih Ýsa’nýn ve seçilmiþ meleklerin önünde uyarýyorum.

B.     Fair hearing

1.                  Exodus. 22:9 For every breach of trust, whether it is for ox, for donkey, for sheep, for clothing, or for any lost thing about which one says, 'This is it,' the case of both parties shall come before the judges; he whom the judges condemn shall pay double to his neighbor.

C.     Prompt trial

1.                  Ezra 7:26 Whoever will not observe the law of your God and the law of the king, let judgment be executed upon him strictly, whether for death or for banishment or for confiscation of goods or for imprisonment.

D.    Confrontation of witnesses

1.                  Isaiah 43:9 All the nations have gathered together So that the peoples may be assembled. Who among them can declare this and proclaim to us the former things? Let them present their witnesses that they may be justified, or let them hear and say, It is true.

E.     No double jeopardy

1.                  Naham. 1:9 Whatever you devise against the LORD, He will make a complete end of it. Distress will not rise up twice.

F.      Substantive due process rights lists nondiscrimination in general

1.                  Acts 10:34 Opening his mouth, Peter said: “I most certainly understand now that God is not one to show partiality, …”

·        ³³Bunun üzerine sana hemen adam yolladým. Sen de lütfedip geldin. Ýþte þimdi biz hepimiz, Rab’bin sana buyurdu“u her þeyi dinlemek üzere Tanrý’nýn önünde toplanmýþ bulunuyoruz." ³⁵O zaman Petrus söz alýp þöyle dedi: "Tanrý’nýn insanlar arasýnda ayrým yapmadý“ýný, ama kendisinden korkan ve do“ru olaný yapan kiþiyi, ulusuna bakmaksýzýn kabul etti“ini gerçekten anlýyorum.

2.                  Deuteronomy 16:19 "You shall not distort justice; you shall not be partial, and you shall not take a bribe, for a bribe blinds the eyes of the wise and perverts the words of the righteous.

3.                  Proverbs 24:23 These also are sayings of the wise. To show partiality in judgment is not good.

G.    Equality before the law

1.                  Matt. 5:45 so that you may be sons of your Father who is in heaven; for He causes His sun to rise on the evil and the good, and sends rain on the righteous and the unrighteous.

·        ⁴⁵Öyle ki, göklerde olan Babanýzýn o“ullarý olasýnýz. Çünkü O, güneþini hem kötülerin hem de iyilerin üzerine do“durur. Ya“murunu da hem do“rularýn hem de e“rilerin üzerine ya“dýrýr.

H.    Racial, sexual and social equality

1.                  Gal. 3:28  There is neither Jew nor Greek, there is neither slave nor free man, there is neither male nor female; for you are all one in Christ Jesus.

·        ²⁸Artýk ne Yahudi ne Grek, ne köle ne özgür, ne erkek ne diþi ayrýmý vardýr. Hepiniz Mesih Ýsa’da birsiniz.

2.                  Amos 9:7  "Are you not as the sons of Ethiopia to Me, O sons of Israel?" declares the LORD. "Have I not brought up Israel from the land of Egypt, And the Philistines from Caphtor and the Arameans from Kir ?

3.                  Exodus. 21:2  "If you buy a Hebrew slave, he shall serve for six years; but on the seventh he shall go out as a free man without payment.

I.       Equality of rich and poor

1.                  James 2:1  My brethren, do not hold your faith in our glorious Lord Jesus Christ with an attitude of personal favoritism.  2 For if a man comes into your assembly with a gold ring and dressed in fine clothes, and there also comes in a poor man in dirty clothes, 3 and you pay special attention to the one who is wearing the fine clothes, and say, "You sit here in a good place," and you say to the poor man, "You stand over there, or sit down by my footstool,"  4 have you not made distinctions among yourselves, and become judges with evil motives?  5 Listen, my beloved brethren: did not God choose the poor of this world to be rich in faith and heirs of the kingdom which He promised to those who love Him?  6 But you have dishonored the poor man. Is it not the rich who oppress you and personally drag you into court ?  7 Do they not blaspheme the fair name by which you have been called ?

·        ¹Kardeþlerim, yüce Rabbimiz Ýsa Mesih’e iman edenler olarak insanlar arasýnda ayrým yapmayýn. ⁴Toplandý“ýnýz yere altýn yüzüklü, þýk giysiler içinde bir adamla kirli giysiler içinde yoksul bir adam geldi“inde, þýk giysili adama ilgiyle, "Sen buraya iyi yere otur", yoksula da "Se ⁵Dinleyin, sevgili kardeþlerim: Tanrý, bu dünyada yoksul olanlarý imanda zengin olmak ve kendisini sevenlere vaadetti“i egemenli“in mirasçýlarý olmak üzere seçmedi mi? ⁶Ama siz yoksulun onurunu kýrdýnýz. Sizi sömüren zenginler de“il mi? Sizi mahkemelere sürükleyen onlar de“il mi? ⁷Size verilen yüce isme küfreden onlar de“il mi?

1.                  Amos 5:12  For I know your transgressions are many and your sins are great, You who distress the righteous and accept bribes And turn aside the poor in the gate.

2.                  Isaiah. 1:16  "Wash yourselves, make yourselves clean; Remove the evil of your deeds from My sight. Cease to do evil ,  17 Learn to do good; Seek justice, Reprove the ruthless, Defend the orphan, Plead for the widow.

J.      Equality of citizens and foreigners

1.                  Exodus. 12:47 "All the congregation of Israel are to celebrate this.

2.                  Leviticus 23:22  'When you reap the harvest of your land, moreover, you shall not reap to the very corners of your field nor gather the gleaning of your harvest ; you are to leave them for the needy and the alien. I am the LORD your God.' "

3.                  Leviticus  24:22  'There shall be one standard for you; it shall be for the stranger as well as the native, for I am the LORD your God.' "

4.                  Numbers 9:14  'If an alien sojourns among you and observes the Passover to the LORD, according to the statute of the Passover and according to its ordinance, so he shall do; you shall have one statute, both for the alien and for the native of the land.' "

5.                  Numbers 15:15  'As for the assembly, there shall be one statute for you and for the alien who sojourns with you, a perpetual statute throughout your generations; as you are, so shall the alien be before the LORD.  16 'There is to be one law and one ordinance for you and for the alien who sojourns with you.' "

K.    Even the sovereign (King, Governor, President, etc) is subordinate to the law

1.                  [10]2 Samuel. 11-12 - Biblical record of  David, Bathsheba, the consequences of sin, and accountability of the King

 

L.     Rights encompassing generations of human rights include:

1.                  Right to life

a)                  Exodus 20:13 "You shall not murder.

b)                  Ps 139:13 For You formed my inward parts; You wove me in my mother's womb.

c)                  Matthew 5:21-22 "You have heard that the ancients were told, 'you shall not commit murder ' and 'Whoever  commits murder shall be liable to the court.' 22 "But I say to you that everyone who is angry with his brother shall be guilty before the court; and whoever says to his brother, 'You good-for-nothing,' shall be guilty before the supreme court; and whoever says, 'You fool,' shall be guilty enough to go into the fiery hell.

·        ²¹"Atalarýmýza, ‘Adam öldürme. Öldüren, yargýlanmayý hak edecek’ denildi“ini duydunuz. ²²Ama ben size diyorum ki, kardeþine karþý öfkelenen her kiþi yargýlanmayý hak edecek. Kim kardeþine aþa“ýlayýcý bir söz (c) söylerse, Yüksek Kurul’un* yargýsýný hak edecek. Kim kardeþine ahmak derse, cehennem ateþini hak edecek.

d)                  Luke 1:15  "For he will be great in the sight of the Lord; and he will drink no wine or liquor, and he will be filled with the Holy Spirit while yet in his mother's womb.

o       ¹⁵O, Rab’bin gözünde büyük olacaktýr. Hiç þarap ve içki içmeyecek; daha annesinin rahmindeyken Kutsal Ruh’la dolacaktýr.   

e)                  Luke 1:41 When Elizabeth heard Mary's greeting, the baby leaped in her womb; and Elizabeth was filled with the Holy Spirit.

o       ³⁹O günlerde Meryem kalkýp aceleyle da“lýk bölgeye, Yahuda oyma“ýnýn bir kentine gitti. ⁴⁰Zekeriya’nýn evine girerek Elizabet’i selamladý. ⁴²Elizabet Meryem’in selamýný duyunca rahmindeki çocuk hopladý. Kutsal Ruh’la dolan Elizabet, yüksek sesle þöyle dedi: "Kadýnlar arasýnda kutsanmýþ bulunuyorsun, senin rahminin ürünü de kutsanmýþtýr!   

2.                  Right to family life

a)                   1 Timothy 5:8  But if anyone does not provide for his own, and especially for those of his household , he has denied the faith and is worse than an unbeliever.

o       ⁸Kiþi kendi yakýnlarýna, özellikle ev halkýna bakmazsa, imaný inkâr etmiþ, imansýzdan beter olmuþ olur.

3.                  Humane treatment

a)                  Matt. 7:12  "In everything, therefore, treat people the same way you want them to treat you, for this is the Law and the Prophets.

o       ¹²"Ýnsanlarýn size nasýl davranmasýný istiyorsanýz, siz de onlara öyle davranýn. Kutsal Yasa ve peygamberlerin söyledikleri budur.

4.                  Freedom of thought, conscience, religion, expression, assembly, association, movement

a)                  John 7:17  "If anyone is willing to do His will, he will know of the teaching, whether it is of God or whether I speak from Myself. 

o       ¹⁷"E“er bir kimse Tanrý’nýn iste“ini yerine getirmek istiyorsa, bu ö“retiþin Tanrý’dan mý oldu“unu, yoksa kendili“imden mi konuþtu“umu bilecektir

5.                  Social and economic rights in general

a)                  1 Corinthians. 6:19-20  Or do you not know that your body is a temple of the Holy Spirit who is in you, whom you have from God, and that you are not your own?  20  For you have been bought with a price: therefore glorify God in your body.

o       ¹⁹Bedeninizin, Tanrý’dan aldý“ýnýz ve içinizde olan Kutsal Ruh’un tapýna“ý oldu“unu bilmiyor musunuz? Siz kendinize ait de“ilsiniz. ²⁰Bir bedel karþýlý“ý satýn alýndýnýz; bunun için Tanrý’yý bedeninizde yüceltin.

6.                  Right/responsibility to education

a)                  Deuteronomy. 6:7  You shall teach them diligently to your sons and shall talk of them when you sit in your house and when you walk by the way and when you lie down and when you rise up.

b)                  Deut. 11:19  "You shall teach them to your sons, talking of them when you sit in your house and when you walk along the road and when you lie down and when you rise up.

7.                  Right to work, fair remuneration and good working conditions

a)                  Luke 10:7  "Stay in that house, eating and drinking what they give you; for the laborer is worthy of his wages. Do not keep moving from house to house. 

o       ⁷Girdi“iniz evde kalýn, size ne verirlerse onu yiyip için. Çünkü iþçi kendi ücretini hak eder. Evden eve taþýnmayýn.

b)                  1 Timothy 5:18   For the Scripture says, "you shall not muzzle the ox while he is threshing," and "The laborer is worthy of his wages."

o       ¹⁸Çünkü Kutsal Yazý’da þöyle deniyor: "Harman döven öküzün a“zýný ba“lama" ve "Ýþçi, kendi ücretini hak eder."

c)                  Deuteronomy 23:25-26  "When you enter your neighbor's standing grain, then you may pluck the heads with your hand, but you shall not wield a sickle in your neighbor's standing grain.

d)                  Deuteronomy 24:6  "No one shall take a hand mill or an upper millstone in pledge , for he would be taking a life in pledge.  10  "When you make your neighbor a loan of any sort, you shall not enter his house to take his pledge.

8.                   Right to protection of honor and reputation

a)                  Exodus. 20:16  "You shall not bear false witness against your neighbor.

9.                  Right to leisure time

a)                  Exodus 20:8-11  20:8 "Remember the sabbath day, to keep it holy.  9 "Six days you shall labor and do all your work,  10 but the seventh day is a Sabbath of the Lord your God; in it you shall not do any work, you or your son or your daughter, your male or your female servant  or your cattle or your sojourner who stays with you.  11 "For in six days the LORD made the heavens and the earth, the sea and all that is in them, and rested on the seventh day; therefore * the LORD blessed the Sabbath day and made it holy. 

10.              Right to asylum

a)                  Exodus. 21:13  "But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint you a place to which he may flee.

b)                  [11]Joshua 20

c)                  1 Chronicles 6:67  They gave to them the following cities of refuge: Shechem in the hill country of Ephraim with its pasture lands, Gezer also with its pasture lands,…

11.              Passages concerning cities of refuge and right to equitable distribution of land

a)                  Numbers 33:54   'You shall inherit the land by lot according to your families; to the larger you shall give more inheritance, and to the smaller you shall give less inheritance. Wherever the lot falls to anyone, that shall be his. You shall inherit according to the tribes of your fathers.

b)                  Leviticus 25:14-18  'If you make a sale, moreover, to your friend or buy from your friend's hand, you shall not wrong one another.  15 'Corresponding to the number of years after the jubilee, you shall buy from your friend; he is to sell to you according to the number of years of crops.  16 'In proportion to the extent of the years you shall increase its price, and in proportion to the fewness of the years you shall diminish its price, for it is a number of crops he is selling to you.  17 'So you shall not wrong one another, but you shall fear your God; for I am the LORD your God.  18 'You shall thus observe My statutes and keep My judgments, so as to carry them out, that you may live securely on the land.   

c)                  Leviticus 25-34  'But pasture fields of their cities shall not be sold, for that is their perpetual possession.

 

7.      Summary

A.     Revelational Foundations for Specific Human Rights in the Bible, though appealed to again and again as the source and justification of first-generation rights, by no means limits itself to the category of civil and political liberties. What today are termed economic, social, education, and solidarity rights are likewise woven into the very fabric of biblical revelation.

B.     Obedience derives from one's duty to God, not from one's inherent nature.

1.                   Once God orders the duties, those duties accrue to the individual's benefit and may be uninjured from condemnation by the State, which is an important objective of any human rights system.

C.     We can only anticipate the Kingdom in engaging body and soul in the struggle for human rights. Otherwise, how could we be among those to whom the Shepherd, Judge, and Lamb will say on the Last Day, "[12]Come my sheep, for I was hungry, I was cold, I was a prisoner, and you did something about it… you respected me, fed, clothed, healed, and treated me with dignity."

D.     In Jesus Christ divine and human rights are conjoined and become inseparable. To violate the rights of a creature of God in the name of divine right is thus to serve another god—to commit idolatry.

E.      Humanism as a philosophy… be on guard…

1.                  Humanism provides no metaphysical basis adequate to preserve human rights in distinction from other principles that it reduces to a socio-cultural byproduct of a particular period in history. Universal and permanent human rights are logically inconsistent with the humanist theses that personality is an accident in the universe and that human nature is evolving.

2.                  Humanism is rooted in the conviction that the most important and ultimate forces of the universe are on the side of those who advocate the reduction of religious influence in all public things. Freedom has become the core of our national creed, as confessed by both major parties; of our national liturgies, such as the recent celebration of Lady Liberty; and of our life-styles, as documented by astute social analysts.

F.      Liberty may be necessary for civilization and religion, but it cannot create or sustain itself.

1.                  Liberty finds its foundation, its root, its base and its end in higher principles of righteousness, deeper visions of the good and wider principles of love than the Great god Freedom can provide, says Christianity.

G.     Only the revealed truth of the Bible… can provide a justification for human rights. It is God, as Creator, who gives us rights. Thus it is important to be clear: In the Christian view, inalienable rights are creational rights governing the community and individual, rights implicit in the social commandments of the Decalogue.

H.     The struggle of Christians for human rights is a fundamental response to Jesus Christ. That Gospel leads us to become ever more active in identifying and rectifying violations of human rights in our societies.

 

8.      Conclusion

 

• Deist, secularist, humanist roots of the human rights tradition are suspect to Bible believing Christians.

• Modern human rights advocacy is mired in a secularized view of the world.
• Human rights advocacy foundations must be grounded in the absolutes of a biblical faith.
• Human rights are part of God's covenant and thus are central to the witness of the church.
• There are clear biblical warrants for human rights.
• Human rights may be understood as the gift of grace.
• One application is to rediscover and identify historical relativism, before the faith itself is absorbed by a single historical interpretation.

 

Human hope lies in trusting the Creator of these rights, who revealed the divine purpose of life through the life, death and resurrection of Jesus Christ. For Christians, the foundation for human rights is the revelation of God: “For no man can lay a foundation other than the one which is laid, which is Jesus Christ.” 1Corinthians 3:11

¹¹Çünkü hiç kimse konulan temelden, yani Ýsa Mesih’ten baþka bir temel koyamaz.