Rights Flashcards
What are rights
Right sir, claims of individual or group allowed by matching obligation by others.
Types of rights
On the basis of content-
1. Civil rights.-right to life, liberty, of thought, expression, belief, property etc
2. Political rights.-right to vote, hold political offices etc
3. Socio economic rights.- right to status ,work ,livelihood etc
ON THE BASIS OF INTENT
1. Negative rights.-no action required by others.
2. Positive rights- action required by state or society.
ON THE BASUS OF OBLIGATION
1. Moral rights
2. Legal rights.
3. Natural rights
4. Historical or customary rights.
HUMAN RIGHTS
CULTURAL AND GROUP-RIGHTS.
First generation of rights
Civil and political rights
Emanate from normative value of liberty
Consistent with liberalism
Proponents - liberals- 1. John Locke,2.Thomas Paine 3. JS mill
Second generation of rights
Socio economic rights
Heavily influenced by Marxist ideology
Emanate from normative value of equality
Supported by socialism and communism
Practice vigourously by socialist /communis states of USSR, China ,Cuba east Europe
Chief proponents- Marx, Engels, Lenin , Mao zedong
Where are the human rights listed?
UDHR-universal declaration of human rights
IHRC- international human rights covenant
Three grounds of universal applicability of human rights
- First it emanates from the natural laws or supreme moral principles which are universal
- Second human rights are justified on rational grounds as they are required for dignified human life
- Third in all communities/societies, there have been social mechanism to provide this rights to each member of the community.
Hence, on grounds of natural law, rationality and positivism, human rights are universal in nature. They are universally applicable to all nations, culture and communities.
Third generation of rights
In the nature of culture and group rights.
Evolving during the late 20th and 21st century.
Linked to the normative value of fraternity.
Associated with environmental movements and rising awareness of multiculturalism and pluralism
Supported by post modernism , postcolonial, feminist and critical theories
First right granted
Magna Carta,1215 passed by King John