The concept of human rights is founded on the principle of our common humanity, emphasizing that these rights belong to all individuals irrespective of their nationality or citizenship. This universality sets human rights apart from legal rights established by constitutions for particular groups of people, as human rights are innate entitlements that every person possesses simply by being human.

According to Amartya Sen in "The Idea of Justice," human rights are not contingent upon social or political affiliations. They represent fundamental claims that every individual is entitled to, highlighting an overarching moral framework that transcends national boundaries and legal limitations, thus promoting a more inclusive understanding of justice.