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Chapter 05, Rights (1), PDF

Rights are fundamental principles of freedom or entitlement that are essential for a life of respect and dignity, historically derived from natural law. The document outlines various types of rights, including political, economic, and cultural rights, and emphasizes the importance of balancing individual rights with responsibilities to others. It also highlights the role of bills of rights in protecting citizens from infringement by the state and the need for vigilance against restrictions on civil liberties.

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10 views

Chapter 05, Rights (1), PDF

Rights are fundamental principles of freedom or entitlement that are essential for a life of respect and dignity, historically derived from natural law. The document outlines various types of rights, including political, economic, and cultural rights, and emphasizes the importance of balancing individual rights with responsibilities to others. It also highlights the role of bills of rights in protecting citizens from infringement by the state and the need for vigilance against restrictions on civil liberties.

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dawarbaba2
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Chapter 05, Rights

What are Rights?

Rights are legal, social, or ethical principles of freedom or entitlement; that


is, rights are the fundamental normative rules about what is allowed of
people or owed to people according to some legal system, social
convention, or ethical theory.

Rights are primarily those claims that are necessary for leading a life of
respect and dignity. It is something that is considered to be due to an
individual; something that the rest of society must recognise as being a
legitimate claim that must be upheld.

The History of Rights

Political theorists in the seventeenth and eighteenth centuries argued that


God's nature bestows rights on us. They claimed to have derived them
from natural law. This meant that rights are not bestowed by a ruler or
society; rather, they are bestowed upon us at birth.

There are three natural rights identified by the early political theorists:

Right to Life

Right to liberty

Right to property.

All the other rights were said to be derived from these basic rights.

The idea that we are born with certain rights is a powerful one because it
implies that no state or organisation has the authority to take away what
nature has bestowed upon us. The term "human rights" has become more
popular in recent years than "natural rights." This is because the idea of
natural law, or a set of norms established by nature or God, appears to be
unacceptably radical today.

Human beings are increasingly seeing rights as guarantees that they seek
or achieve in order to live a minimally good life. Existing inequalities based
on race, caste, religion, and gender are increasingly being challenged
using this concept of a free and equal self.

Oppressed people all over the world have used the concept of universal
human rights to challenge laws that segregate them and deny them equal
opportunities and rights. As societies face new threats and challenges, the
list of human rights that people have claimed has grown.

People are increasingly aware of the need to protect the natural


environment, which has resulted in calls for rights to clean air, water, and
long-term development.

State and the Legal Rights

Bill of Rights

A bill of rights is a list of a country's most important rights granted to its


citizens, also known as a declaration of rights or a charter of rights. The
goal is to protect those rights from infringement by public officials and
private citizens. Many constitutions around the world include the bill of
rights. In India, we call it "Fundamental Rights."

The fundamental rights enumerated in the Constitution are those that are
regarded as such. These may be supplemented in some cases by claims
that gain prominence as a result of a country's unique history and customs.

Although legal recognition gives our rights a special place in society, it is


not the basis for asserting rights. The vast majority of asserted rights,
however, are directed at the government. People use these rights to make
demands on the government.

Rights spell out not only what the government must do, but also what it
must avoid. Our rights ensure that the state's authority is exercised in a
way that does not endanger individual life or liberty.

Kinds of Rights

1. Political Rights
Political rights, which are closely linked to citizenship status, refer to
an individual's ability to participate in the civil and political life of the
society and state without fear of discrimination or repression.
Not only do you have the right to vote in elections, but you also have
the right to join a political party, run for office, and attend political
rallies, events, and protests freely.
Political rights are supplemented by civil liberties. Collectively they
both form the basis of the democratic system of government.
Political rights contribute to it by making the government accountable
to the people, by giving greater importance to the concerns of the
individual over that of the rulers and by ensuring that all persons have
an opportunity to influence the decisions of the government.
2. Economic Rights
Economic rights comprise of basic needs of food shelter, clothing,
health. All the democratic societies are now on the verge or are
getting started with providing all of their citizens with economic rights.

In some countries, citizens, particularly those with low incomes,


receive housing and medical facilities from the state; in others,
unemployed persons receive a certain minimum wage so that they
can meet their basic needs.
The Indian government has recently introduced a rural employment
guarantee scheme, among other measures to help the poor.
3. Cultural Rights
The objective of these rights is to guarantee that people and
communities have an access to culture and can participate in the
culture of their selection.
Cultural rights are human rights that aim at assuring the enjoyment of
culture and its components in conditions of equality, human dignity
and non-discrimination.
The right to have primary education in one’s mother tongue, the
right to establish institutions for teaching one’s language and culture,
is today recognised as being necessary for leading a good life.
Obligations are not only placed upon the state by rights but also
upon individuals.
Rights and Responsibilities
Firstly, rights force us to consider not just our own personal needs
and interests but also to defend things that are good for everyone.
Secondly, rights require individuals to respect the rights of others. If
an individual asserts their right to express their views, they must also
grant the same right to others.
Thirdly, individuals must balance their rights when they conflict. For
example, a person's right to freedom of expression allows them to
take pictures, but if they take pictures of someone bathing without
their consent and post them on the internet, that would be a violation
of the person's right to privacy.
Fourthly, citizens must be vigilant about restrictions that may be
placed on their rights. A current topic of debate concerns the
increased limitations that many governments are placing on citizens'
civil liberties in the name of national security.
Although rights can never be absolute, we must be vigilant in
protecting our own rights and the rights of others, as they are the
foundation of a democratic society.

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