Theories of Human Rights

Question 1

Define Theories of Rights

Answer 1

Systems of ideas proposed to explain the rationale of having rights based on general principles.

Question 2

Typical Mistake about theoretical concepts

Answer 2

Do not quote theoretical concepts as being legal facts as opposed to legal theory.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.

Question 3

Topic is about…

Answer 3

Why we have rights, not what rights do we have.

Question 4

Ancient Greeks

Answer 4

Great philosophers taught them to believe certain rights were above normal laws introduced by man and that rights came from divine authority and intervention.

Question 5

Cyrus, The King of Persia

Answer 5

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’.

Question 6

Define Natural Law

Answer 6

Rules which are not written down as laws but are followed by citizens.

Question 7

Define Constitutions

Answer 7

Sets of rules which state how a country is to be run and the specific rights of its citizens.

Question 8

As societies progressed…

Answer 8

the idea of human rights replaced divine rule and these rights were incorporated as fundamental to their constitutions.

Question 9

Types of Constitutions

Answer 9

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.

Question 10

Theory of Natural Rights

Answer 10

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.

Question 11

Theory of Natural Rights John Locke

Answer 11

Stated that individuals were entitled to the right of life, liberty and property, none could be removed by government.

Question 12

Theory of Legal Rights

Answer 12

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

Question 13

Define Despotic

Answer 13

One entity rules with absolute power.

Question 14

Define Autocrats

Answer 14

A ruler who has absolute power.

Question 15

Theory of Societal Rights

Answer 15

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.

Question 16

Theory of Historical Rights

Answer 16

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.

Question 17

Theory of Economic Rights - What did Karl Marx argue?

Answer 17

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.

Question 18

Theory of Economic Rights - How is Society split?

Answer 18

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.

Question 19

Rights Contrasted With Liberties

Answer 19

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.

Question 20

Scope of Fundamental Human Rights

Answer 20

Fundamental human rights come with responsibilities and restrictions.

Question 21

Every right has a responsibility

Answer 21

Citizens can’t expect to have total use of a right unless they respect that others also have the same right.

Question 22

In order to use a right

Answer 22

it must not be to the detriment of other citizens who co-exist at the same time.

Question 23

It may be necessary to restrict our fundamental human rights…

Answer 23

such as to life, liberty etc. to make society run smoothly.

Question 24

Absolute Rights

Answer 24

Can’t be restricted or removed.

Question 25

Limited Rights

Answer 25

More common, can only be restricted in specific situations e.g freedom of movement can be restricted if someone is imprisoned.

Question 26

Qualified Rights

Answer 26

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.