Argument: Universal human nature

Fundamental human rights exist and are founded on universal human needs. Certain needs are necessary to human life in every instance and circumstance. These include food, water, shelter and security of person. Human life is not possible without any one of these things, and so these needs may be termed 'fundamental rights' necessary to the continued existence of that person. Every person has a right to the fulfilment of these needs as the alternative is non-existence, which is contrary to our basic human nature to survive. Because all humans everywhere possess at birth a drive to survive and all share these requirements, they are clearly fundamental to our nature and we have a right to their fulfilment and protection.

Candidate 1: "The recognition and enforcement of fundamental human rights would and does not benefit everyone equally. For example a strong man in a society where he can use the threat of his strength to cause others to serve him against their will stands to lose his comfortable life, in which he is happier, if the weaker men's right to security of person is guaranteed. This loss is a far greater harm to him than the small potential that he might be replaced by an even stronger man who appears. Therefore not everyone benefits from the recognition of fundamental human rights, and so they cannot be termed either fundamental or universal, as they advance the interests of some at the expense of others. Similarly the international examples show how those in famine-prone areas benefit at the expense of those in more prosperous areas. Moreover, the excuse of 'protecting human rights' can be used as easily to advance neo-colonial or imperial ambitions on the part of one nation against another as it can be used to justify intervening in famines, so the net gain is far from clear-cut. [1]

[1] Bosco, David “Is human rights just the latest utopia?” Foreign Policy Magazine. Tuesday, July 5, 2011."
Candidate 2: "Not all 'human rights' are necessary for existence. The so-called 'right to free speech' and 'right to liberty' can both be removed from a person forcibly without ending their existence, and so cannot be justified on the basis of a 'universal drive to survive'."
Candidate 3: "Fundamental human rights were 'new' to all cultures once, but this does not mean that they have not always been an underlying fact. Arguments surrounding different cultural perceptions of rights and 'cultural relativism' are almost universally used by the powerful interests in certain cultures to justify their abuse of the human rights of those with less power in their cultures, for example leaders of authoritarian regimes who protect their own power at the expense of the freedom of their people and justify it on the basis of 'Asian values'. The recognition of fundamental human rights will always require change in a culture or locality that did not previously recognise them, but this does not mean that they are not universal on the basis of needs and desires that do exist in all cultures."
Candidate 4: "The labelling of a right as 'fundamental' ensures it is protected against opportunistic or populist attacks which may not fully consider the long term. As long as we limit our definition of 'fundamental rights' to those things needed and desired by all humans universally, we should avoid enshrining 'rights' which are only needed in some times and places."
Candidate 5: "There is no clear reason why a 'desire' must be a 'right', even if it were universal. Merely wishing for something does not establish the existence of rights, but merely creates a 'wish list' which may not actually be possible in reality. For example humans may universally desire a life of leisure without hard work, but it would be impossible to meet this desire for everyone, as then there would be no work done and therefore no resources to support leisure."
Candidate 6: "It is possible to establish a hierarchy of rights whereby only the most important are the 'fundamental' human rights. The fulfilment of the needs we all cannot live without, such as food, shelter and security of person, should be given the greatest priority, as they are all equally necessary for life, and need not be balanced against each other as they are all equally necessary."

Not all 'human rights' are necessary for existence. The so-called 'right to free speech' and 'right to liberty' can both be removed from a person forcibly without ending their existence, and so cannot be justified on the basis of a 'universal drive to survive'.
