Theories of Human Rights Flashcards
Define Theories of Rights
Systems of ideas proposed to explain the rationale of having rights based on general principles.
Typical Mistake about theoretical concepts
Do not quote theoretical concepts as being legal facts as opposed to legal theory. As they are theories there is room for debate, conjecture and challenge my answers.
Topic is about…
Why we have rights, not what rights do we have.
Ancient Greeks
Great philosophers taught them to believe certain rights were above normal laws introduced by man and that rights came from divine authority and intervention.
Cyrus, The King of Persia
Conquered Babylon and freed all the slaves and they returned to their homelands and reinstated religious freedom. Idea of basic human rights spread through Europe and was championed by the Roman Empire through rights and ‘Natural Law’.
Define Natural Law
Rules which are not written down as laws but are followed by citizens.
Define Constitutions
Sets of rules which state how a country is to be run and the specific rights of its citizens.
As societies progressed…
the idea of human rights replaced divine rule and these rights were incorporated as fundamental to their constitutions.
Types of Constitutions
English Bill of Rights 1689.
American Declaration of Independence 1776.
French Declaration of the Rights of Man and of the Citizen 1789.
Universal Declaration of Human Rights 1948.
Theory of Natural Rights
Every citizen from birth to death has fundamental rights that can’t be removed from government.
These rights form the basis of a peaceful and co-existing society, focusing on rights of individuals.
Theory relies on citizens being independent from one another and having a government or state which respects such individualism.
Theory of Natural Rights John Locke
Stated that individuals were entitled to the right of life, liberty and property, none could be removed by government.
Theory of Legal Rights
Rights come from state and not society or individual or natural law.
Rights are formulated by the state in order to run and maintain order in society.
Common theory in countries run by despotic regimes or autocrats as opposed to democracies
Define Despotic
One entity rules with absolute power.
Define Autocrats
A ruler who has absolute power.
Theory of Societal Rights
What is desirable to society results in the rights accepted by that society.
Societal rights depend on beliefs, views and autonomy of that society. Religions/beliefs may differ.
A societal right must be socially useful and achieve the greatest social benefit for the majority of the citizens to be accepted.
Theory of Historical Rights
Theory applies to ELS.
Custom creates a series of laws common to the country, which evolve and spread with common usage.
Rules and rights will have been followed, tempered, built upon as sensibility would dictate.
Considered valuable as they are tried and tested.
When William of Orange overthrew King James II in the English Civil War in 1688, there was a reaffirmation of rights, liberties and customs that the English had enjoyed since ancient times but changed overtime by monarchs, not by democratic means.
Many historical rights have their basis upon primary religious beliefs, then socioeconomic beliefs through trade and such practice.
Theory of Economic Rights - What did Karl Marx argue?
Karl Marx argued that rights are maintained in laws which simply protect and prop up the dominant groups in society.
Argued that society is controlled by the production of goods and services, and rights are maintained as a method of controlling production
During the creation of the rights to control production, Marx argued that a class system and division are created and maintained by such rights.
Theory of Economic Rights - How is Society split?
Society is split into exploiters and exploited.
Most economically powerful group becomes the main influence of the government or the government.
Rights are not from natural law or custom made but made and assist the powerful to the detriment of the weak.
Marx said that rights can only truly operate in a classless society and that democracy was a myth in most western societies.
Rights Contrasted With Liberties
Rights are considered universal to all human beings regardless of origin.
Liberties are those specific to a particular country.
Liberties represent things we are free to do in our countries, provided no law against them. Have been part of our society for centuries, and evolve or change as society changes.
Liberties are allowed in certain societies, whereas rights are guaranteed in certain societies.
The Human Rights Act gave effect to the ECHR in 2000 and guaranteed some fundamental rights.
Scope of Fundamental Human Rights
Fundamental human rights come with responsibilities and restrictions.
Every right has a responsibility
Citizens can’t expect to have total use of a right unless they respect that others also have the same right.
In order to use a right
it must not be to the detriment of other citizens who co-exist at the same time.
It may be necessary to restrict our fundamental human rights…
such as to life, liberty etc. to make society run smoothly.
Absolute Rights
Can’t be restricted or removed.
Limited Rights
More common, can only be restricted in specific situations e.g freedom of movement can be restricted if someone is imprisoned.
Qualified Rights
Need to be balanced against the needs of other people and will be restricted, generally temporarily, for the benefit of society e.g. police restricting freedom of movement in order to stop people entering a certain area during a protest.
