The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. Several theoretical approaches have been advanced to explain how and why the concept of human rights developed.

One of the oldest Western philosophies on human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds. Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with Hume). Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls) – a social contract. Contemporary discussions on human rights are largely shaped by two dominant theories: the interest theory and the will theory. The interest theory holds that the primary function of human rights is to protect and promote fundamental human interests, whereas the will theory bases the justification of human rights on the uniquely human capacity for autonomy and freedom.

Natural law theories base human rights on a "natural" moral, religious or even biological order that is independent of transitory human laws or traditions.

Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (δίκαιον φυσικόν dikaion physikon; Latin ius naturale). Of these, Aristotle is often said to be the father of natural law, although evidence for this is due largely to the interpretations of his work by Thomas Aquinas.

The development of this tradition of natural justice into one of natural law is usually attributed to the Stoics.

Some of the early Church Fathers sought to incorporate the until then pagan concept of natural law into Christianity. Natural law theories have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, and John Locke.

One of the most important "Natural Human Right" is right to life. Ancient Indian texts suggest that Lord Mahavira, the founder of Jain Sect, was also the founder of this Right To Life. His teachings & principles focused on the doctrine or philosophy, " Live & Let Live". This philosophy is based on the principle of non-vigilance.

In the 16th century, asked by the Spanish monarchs to investigate the legitimacy of claims to land dominion by the indios of Latin America, Francisco de Vitoria expounded a theory of natural rights, especially in his famous Relectio de Indis.