Theories Of Human Rights

Question 1

Aquinas

Answer 1

Sees human rights as coming from god
Natural law - god ensured humans had reason to understand moral good
This governs our behaviour so that society runs smoothly
Eg. Article 2 right to life

Question 2

Locke

Answer 2

Rights are derived from a social contract between individuals and the state
This allows govt to enforce laws in return for keeping mans ‘lives, liberties and estates’
For example article 5 the right to liberty

Question 3

Bentham

Answer 3

Rights should be based on providing the greatest happiness for greatest number
Rights of majority is most important
For example article 8 protects your right to respect for your private life - restrictions on this can be made for the ‘greater good’

Question 4

Rawls

Answer 4

Set out a theory which created a fair society that would require all citizens to decide the rules without knowing what place they would follow
For example, protocol 1, article 2 right to education

Question 5

Dworkin

Answer 5

Every state has a duty to treat all of its citizens with equal concern and respect even those who have unpopular views
Article 2 right to education