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  YOU ARE HERE: Home > Infopack >Every Human Has Rights: What Are Rights  
     
  Every Human Has Rights: What Are Rights  
     
 

Introduction

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 of essential importance in such disciplines as law and ethics.

Rights are often considered fundamental to civilization, being regarded as established pillars of society and culture, and the history of social conflicts can be found in the history of each right and its development. The connection between rights and struggle cannot be overstated rights are not as much granted or endowed as they are fought for and claimed, and the essence of struggles past and ancient are encoded in the spirit of current concepts of rights and their modern formulations.

"A right is not something that somebody gives you; it is something that nobody can take away."

Rights are entitlements (not) to perform certain actions, or (not) to be in certain states; or entitlements that others (not) perform certain actions or (not) be in certain states.

This word is used in various senses:

  • Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense.
  • It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude.
  • It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

"A right is something to which I am entitled solely by virtue of being a person. It is that which enables me to live with dignity.  Moreover, a right can be enforced before the government and entails an obligation on the part of the government. Rights are associated with “being”, whereas needs are associated with having."

History of Rights

The specific enumeration of rights has differed greatly in different periods of history. In many cases, the system of rights promulgated by one group has come into sharp and bitter conflict with that of other groups. In the political sphere, a place in which rights have historically been an important issue, at present the question of who has what legal rights is sometimes addressed by the constitutions of the respective nations.

The concept of rights arose in societies where the culture was far more communitarian (emphasis on living well together) and the natural equality and freedom of human beings gave rise to their collective right to choose those who would govern them. Rights (and duties) flow from the perception that human beings are endowed by God with the attributes of the divine nature, including intelligence and free will. In fact, the legal term “Due Process” conveys the idea that a certain high level of governmental scrutiny is owed to a person created in the image of the divine God. Because all humans owe a duty to honor God, we also owe a duty to all who are created by God. Thus, a right accorded to one individual based upon his “value” to God, creates an obligation in all other individuals to honor (or at least, not to harm) that person.

"Rights are with an individual’s since he/she is in womb. Rights include both legal and fundamental rights. Some are protected under the Constitution of India which are to be guaranteed by the State where as some rights are such which if being violated by anyone have to be conferred by the court of."

Most historic notions of rights were authoritarian and hierarchical, with different people being granted different rights, and some having more rights than others. For instance, the right of a father to be respected by his son did not indicate a duty upon the father to return that respect, and the divine right of kings which permitted absolute power over subjects did not leave room for many rights to be granted to the subjects themselves.

In contrast, modern conceptions of rights often emphasize liberty and equality as among the most important aspects of rights, though conceptions of liberty (e.g. positive or negative) and equality (e.g. of opportunity or of outcome) frequently differ.
"Rights are perfect and imperfect. When the things which we have a right to possess or the actions we have a right to do, are or may be fixed and determinate, the right is a perfect one; but when the thing or the actions are vague and indeterminate, the right is an imperfect one. If a man demands his property, which is withheld from him, the right that supports his demand is a perfect one; because the thing demanded is, or may be fixed and determinate. Rights are also absolute and qualified."
Traces from where we come to know about rights:

Types of Rights

Table - I

Natural rights Legal rights
Are rights which are derived from nature. They are universal; that is, they apply to all people, and do not derive from the laws of any specific society. They exist necessarily, inhere in every individual, and can't be taken away. For example, it has been argued that humans have a natural right to life. They're sometimes called moral rights or inalienable rights. Legal rights in contrast, are based on a society's customs, laws, statutes or actions by legislatures. An example of a legal right is the right to vote of citizens. Citizenship, itself, is often considered as the basis for having legal rights, and has been defined as the "right to have rights". Legal rights are sometimes called civil rights or statutory rights and are culturally and politically relative since they depend on a specific societal context to have meaning.

In one sense, a right is a permission to do something or an entitlement to a specific service or treatment, and these rights have been called positive rights. However, in another sense, rights may allow or require inaction, and these are called negative rights; they permit or require doing nothing. For example, in some democracies e.g. the US, citizens have the positive right to vote and they have the negative right not to vote; people can stay home and watch television instead, if they desire. In other democracies e.g. Australia, however, citizens have a positive right to vote but they don't have a negative right to not vote, since non-voting citizens can be fined. Accordingly:

Table - II

Positive rights Negative rights
Positive rights would correspond to duties of assistance: if X has a positive right to V, then others (perhaps government) have a (positive) duty to provide X with V. Negative rights would correspond to duties of forbearance: if X has a negative right to V, then other's have a non-interference duty in relation to X's enjoyment of V.

Table –III

Individual rights  Group rights 

Individual rights are those principles that are held by a single person rather than an entire group. The rights of individuals can be mandated by the law, provided by social means or gained through self-determination. These rights are generally associated with the concept of nature. Essentially, each person is born with rights that cannot be disenfranchised by the group.

Individual rights around the world are associated with the concept of individualism.

Individual rights are often viewed as a viable way to promote freedom and prevent abuses by the government or the majority.

A group right is a right held by a group as a group rather than by its members severally. The “group” in “group right” describes the nature of the right-holder; it does not describe the mere fact that the right is confined to the members of a group rather than possessed by all members of a society or by humanity at large.

Group rights have been argued to exist when a group is seen as more than a mere composite or assembly of separate individuals but an entity in its own right. In other words, it's possible to see a group as a distinct being in and of itself; it's akin to an enlarged individual which has a distinct will and power of action and can be thought of as having rights.

Table - IV

Fundamental Rights Legal Rights

The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the "fundamental Law of the land" and are enforceable in a court of law.

Fundamental rights are those rights which are to be protected and ensured by the State.

These rights are regarded Fundamental because they are most essential for the attainment by the individuals of his/her full intellectual moral and spiritual status. The denial of these rights will keep the moral and spiritual life stunted and his/ her potentialities undeveloped

A legal right is an abstract idea of that which is due to a person or governmental body by law or tradition or nature; "they are endowed by their Creator with certain unalienable Rights"; "Certain rights can never be granted to the government but must be kept in the hands of the people"

Rights vs. Freedom

The Constitution of a Democratic Country gives its Citizens certain rights and duties. If those rights and duties are upheld in righteous manner then the country can be said to be providing Freedom to its people. They are two different kinds of terms but related to similar items.

A Right is a common privilege given to all citizens for example the right to vote, the right to property, the right to worship, the right to information, etc.

Freedom is when you have no constraints to conduction your actions – freedom of speech, freedom of the press, freedom to rebel, freedom to complain, etc.

"Rights are what you are entitled to, Needs are what you require. Rights are things we are born with. Needs are things that allow our lives to continue or improve the quality of our lives. Rights are life, liberty, and property. Needs are things like healthcare, adequate housing, nourishing food housing, and clean water, a warm fuzzy coat in January. And the needs of one group of people should never be met by compromising or eliminating even one of the rights of another group."

Views of Few People about What They Understand by the Term Rights:

  • Right means empowerment without which we cannot survive.
  • Right are for protection of human. Rights are very important part for our life. Due to the presence of rights the differences between the rich and poor is thin lined.
  • It is a positive covenant which may be demand from the state or the society at large.
  • Rights are what makes us civilized society gives a sense of meaning
  • An idea which is enjoyable in accord with principle of justice, assigned with some duties and cannot be taken away
  • Rights are entitlements to perform certain actions.
  • It’s a power that’s exclusively yours independent of any external factor. It gives you the courage pursues things that you would otherwise wouldn’t.
  • A constitutional guarantee bestowed on citizens
  • Its legal social and moral freedom
  • Rights are those power which a person got by virtue of his birth like human rights or legal rights i.e. by virtue of the state in which we live...and it is the duty of state to protect people’s rights and it is the duty of state to protect people’s rights
  • Freedom to do deserving actions; every right is bind with responsibility.
  • Rights are fundamental to the very existence of us as human beings in a civic society.
Rights are there where duties are not being neglected.		  
     
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