Rights 1699295236947

WHAT ARE RIGHTS ?
Chapter
Right is to get what is owed, or due, as a human, or a citizen, or a
member of a group.
• It is an entitlement, or a claim, to something, either to do or to have it

done.
• With right, one has a choice to either exercise or not to exercise a right.
• When one has a right, others have an obligation to let the individual
exercise their right, if and when they choose to.
• Rights are of different nature. Legal, moral, social, political, human, etc.
• Justification of rights can be done on legal, moral, ethical or

humanitarian grounds.
Chapter
Justification of a right can be done on the basis of one
being a member of a social group.
Exercise of a right in the form of a claim on something

must be a necessity for that individual to be a decent
member of that social group.
Such a right is justified only if that individual is able to

and willing to respect the rights of other members of the
group.
Chapter
• Negative Rights
These rights imply non-interference from the society, and/or

State. Any right to liberty, in the negative sense of the term,
can be included under this category.
Negative rights prevent outside interference in an individuals

actions and thoughts but do not have any kind of obligation to
positively do something in assisting the individual in pursuing
their claim or way of life.
Ex: Right to life, right to property, right to religion, right to

freedom of expression, etc.
Chapter
Positive Rights
These rights imply a positive obligation on the society and

state to do something for the individual to enjoy the right.
These rights impose a positive duty, unlike negative rights,

on others to respect and perform certain actions so that the
individual may live a decent life.
Ex: Right to free education, right against exploitation, etc.

Chapter
Civil Rights
Chapter
The term is usually linked to African-
American’s struggle for equality and
equal citizenship in a liberal democratic
status during 1950s and 1960s.
Civil rights are those rights of an
individual on the basis of being a
member of a civil society.
Ex: right to free movement, equality, to

own property, to assemble, etc.
Chapter
• Political Rights
These are those rights which are based on an

individual’s membership to a political organisation,
highest form is State, and particularly in the issues
concerning formal politics.
Ex: Right to vote, contest in elections, right to hold
government accountable, right to political dissent,
etc.
The distinction between civil and political rights is
conceptually very volatile and often could be
overlapping.
Chapter
Legal Rights
These rights are justified by an established legal system of that

territorial space. • These rights are also subjected to provisions in
the law.
Legal authorities used the term right to refer to four different
properties.
1. The correlate of a legal duty (claim)
2. The absence of duty (privilege or liberty)
3. The capacity to change legal relations (power)
4. The protection against change in one’s legal position (immunity)
Chapter
• Theory of Natural Rights
Most influential on natural rights was given by John Locke.

Thomas Hobbes, before Locke, propounded a theory of natural rights. According to
Hobbes, natural rights can be traced to state of nature, a state which does not have
an organized political authority and government, which is a state of war.
To Hobbes, right to life is a natural life which is inalienable even in an organized
political community.
Locke also traces natural rights to state of nature, but unlike Hobbes, this state is
not a state of war and men live together according to reason and without any
common superior.
According to Locke, every man has inalienable rights to life, liberty and property,
provided that he does not interfere with any other man’s enjoyment of same
conditions.
Utilitarian Theory of Rights
Chapter
It was outlined by Jeremy Bentham according to traditional
legislations based on the concept of rights is unscientific and is
highly critical of such process.
He proposes that any legislation should be based on the principle of
utility. Utility is that property of an object which either produces
benefits or advantages or prevents happening of harm, pain, evil,
unhappiness whose interest is considered.
1. Individuals can evaluate their own happiness.
2. Evaluation can also be made by the policy makers of the state.
3. Evaluation is quantitative.
It means that happiness can be measured and represented by a
number.
He says that state should work on the principle of utility which
implies that state should work for the greatest happiness of the
greatest number of people.
Chapter
Human Rights
These are international moral and legal rights which aim to
protect all the people around the world from political, legal and
social abuses. • Ex: Right to religion, right to a fair trial when
charged with a war crime, right not to be tortured, right to
engage in political activity.
Universal Declaration of Human Rights (UDHR) sets out two
dozen rights which can be grouped into 6.
Security rights, liberty rights, political rights, equality rights,
welfare rights and due process rights.
Individuals are entitled to these rights on the fact of being
human beings.
Criticism of these rights is that they are liberal and western in
nature and do not recognize community and cultural norms of
non-western countries.
Chapter
• First generation:
These deal with liberty and participation in

political life.
These rights are usually civil and political rights.
They are negative in nature.
Ex: Right to life, equality before law, right to
fair trial, religion and voting rights.
Chapter
• Second generation:
These are the rights which deal with equality and are
recognized by governments post second world war.
These are social, economic and cultural in nature.
Ex: Right to be employed in just and favourable

condition, right to food, housing, health care,
education, etc.
Both the generations of rights are covered by UDHR.
Chapter
Third generation:
These rights go beyond mere civil and social rights.
Rights like environment, group rights, right to self-

determination, economic and social development, right to
natural resources, communication rights, intergenerational
equity and sustainability.
Chapter
Nature of Rights:
There are several features of rights as a concept of political theory:
(1) Norman Barry uses a new term which he calls claim-rights. Let us
quote him: “In the more usual sense of the word right it is understood as a
type of claim. Claim-rights entitle their holder to limit the liberty of
another person.
A has a right against B, deriving either from moral or legal rule, which
puts B under a duty. It is not the moral quality of act that entitles A to
limit B’s liberty but simply the fact that he possesses the rights………
Claim-rights possessed by persons are quite different from favours or
concessions granted to individuals by authorities”.
The claim-rights do not depend upon the mercy of another person. For
one reason or other individuals claim rights which means that others will
not create any obstructions on the way of enjoying the claim-rights. The
implication of this right is individuals claim-right on the ground that the
rights are indispensable for the development of personality and the
authority is bound to provide such right.
Chapter
Bill of Rights:
The bill of rights forms a very important part in the history of rights of man and the origin of the bill of
rights can be traced to the famous Magna Carta (1215). The bill of rights in general and Magna Carta in
particular is a statement of rights of man. Clause 39 of the Magna Carta is very important.
It states: “No free man shall be taken or imprisoned or dispossessed or outlawed or banished or in any way
destroyed, nor will we go upon him, nor send upon him except by the legal judgment of his peers or by the
law of the land”. Though Magna Carta laid the foundation of bill of rights in England, it was not in the
strictest sense the bill of rights; it was an agreement between King John and his barons.
The real origin of the bill of rights is the Act of Parliament of Britain which was passed in 1689 and with
which John Locke was closely associated.
Chapter
The Bill of Rights enacted by the British Parliament was primarily concerned with the
curtailment of royal prerogatives and asserting the right of legislature. It was also concerned
with certain rights of the individuals. The Bill of Rights sought to protect certain basic rights
for the common people.
The Declaration of the Rights of Man (1789) was another landmark event in the history of the
rights of man. It was designed to provide some basic rights to man. The Preamble to the French
Constitution of 1946 incorporated the rights of man. The first ten amendments of the American
Constitution enshrined the rights of man.
Subsequently many constitutions incorporated the rights of man. The inclusion of certain basic
rights into the constitutions has earned increasing popularity due to the reasons that people
are claiming such rights and the U. N. Charter has strongly emphassied that men irrespective of
sex, religion and language must enjoy basic human rights.

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WHAT ARE RIGHTS ?

• It is an entitlement, or a claim, to something, either to do or to have it

• Justification of rights can be done on legal, moral, ethical or

Exercise of a right in the form of a claim on something

Such a right is justified only if that individual is able to

These rights imply non-interference from the society, and/or

Negative rights prevent outside interference in an individuals

Ex: Right to life, right to property, right to religion, right to

These rights imply a positive obligation on the society and

These rights impose a positive duty, unlike negative rights,

Ex: Right to free education, right against exploitation, etc.

Ex: right to free movement, equality, to

These are those rights which are based on an

These rights are justified by an established legal system of that

• Theory of Natural Rights

Most influential on natural rights was given by John Locke.

These deal with liberty and participation in

Ex: Right to be employed in just and favourable

These rights go beyond mere civil and social rights.

Rights like environment, group rights, right to self-

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