5.2 Theory of human rights Flashcards

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1
Q

What is theory of rights

A

system of ideas to explain the rationale of having rights based on general principles

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2
Q

How did the idea of human rights get introduced

A

Introduced in constitutions when the idea that it was there from devine intervention died out because of progression in society.

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3
Q

Define Natural Law

A

Rules that aren’t written down but yet society still follows them

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4
Q

Define Constitutions

A

Set of rules that state how a country should be run and the specific rights of it’s citizens

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5
Q

Examples of constitutions

A
  • American Declaration of Independece (1776 but
    amended in 1791)
  • Universal declaration of Human Rights (1948)
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6
Q

What are the 5 theories of human rights

A

Theory of natural rights
Theory of legal rights
Theory of sociatal
Theory of historical rights
Thoery of economical rights

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7
Q

What does the theory if natural rights state

A

Individuals have rights from the moment they are born to the moment they die. These rights are the basis of a peaceful, co-existing society.

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8
Q

Who was the main philosipher behind this idea, and what did he believe

A

John Locke, stated that every human is entitled to the right of life, liberty and property, none of which can be removed by the government

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9
Q

What is the theory of Legal rights

A

Rights come from the state, not individuals. Formulated by the state in order to run a society and try to maintain order

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10
Q

What is Theory of Societal rights

A

What’s desireable by society becomes rights accepted by the society.
- Dependent on religion and views of the masses

  • Saudi Arabia might have different views than Poland because of religion
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11
Q

What is the Theory of Historical Rights

A

Applies to ELS, Custom creates a series of laws to the country, whihc envolve and spread with usage. These rights are always being tested.

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12
Q

What is the Theory of Economic Rights

A

Idea that rights are created to protect the most dominant group in society. That society is controlled by the production and selling of goods and services.

  • Because of this, argued that society was then split into classes and division
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13
Q

Who was the main philosipher behind this theory of economic rights that had this idea

A

Karl Marx

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14
Q

Economical Rights: What are the classes split into?

A

Exploiter vs exploited

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15
Q

Rights vs Liberties, whats the difference

A

Rights are considered universal that all human beings are entitled to

Liberties are specific to a particular country

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16
Q

What do fundemental rights come with

A

responsibilities and restrictions

17
Q

what is meant by responsibilities and restrictions

A

responsibilitites - citizens have to respect that others also have the same right as they have.

Restrictions - limiting a condition

18
Q

What are the 3 ways rights can be catagorised based off restrictions

A

Absolute rights
Limited rights
Qualified rights

19
Q

define absolute rights, and some examples

A

Cannot be restricted or removed in any way

Example: right not to torture

20
Q

define limited rights, and an example

A

can be restricted to the governments extent

example: freedom of movement, restricted if a person is lawfully arrested

21
Q

define qualified rights, and an example

A

needs to be balanced against needs of the people and restricted to benefit society

example: police may restrict movement in certain areas during a protest to avoid public order issues