RIGHTS Introduction Meaning of Rights Theories of Rights

RIGHTS • Introduction • Meaning of Rights • Theories of Rights • Dimensions/ Kinds of Rights • Protection of Rights • Conclusion

INTRODUCTION � � � Rights are not only claims, they are in the nature of claims; those claims, which are recognized as such by the society. Without such recognition, rights are merely claims. Rights are social claims, which help individuals attain their best self and help them develop their personalities. Rights are individuals’ rights; they belong to the individuals; they exist for the individuals; they are exercised by them so as to enable them to attain the full development of their personalities.

MEANING OF RIGHTS � A proper definition of rights has the following three features: � � � It is a claim of the individuals, . However, the claim should be of a common interest or something which is capable of universal application. The claim of the individual must receive social recognition that is, when every individual wills in the same direction. Finally comes the point of political recognition. Rights are like moral declarations, until they are protected by the state. The state translates socially recognized claims of moral rights into terms of law and thereby accords to legal recognition.

THEORIES OF RIGHTS � Theory of Natural Rights: � Features: � This theory was advocated by Thomas Hobbes, John Locke and J. J. Rosseau. � This holds the view that rights were attributed to the individuals as if they were the essential properties of people. � They declared that rights are inalienable, imprescriptable and indefeasible. � Drawbacks: � There can never be rights before the emergence of a society; the notion of pre-society rights is a contradiction in terms. If at all, there was anything before the emergence of society, they were mere physical energies and not rights. � Rights also presuppose the existence of some authority to protect them. In the absence of a state, there would be no one to defend people’s rights.

THEORIES OF RIGHTS � Theory of Legal Rights: � Features: � This theory was advocated by Bentham, Hegel and Austin. � According to this theory, rights are granted by the state, regarding rights as a claim which the force of the state grants to the people. � The state defines and lays down the bill of rights. Rights are neither prior nor anterior to the state because it is the state which is the source of rights. � The state lays down a legal framework which guarantees rights and it is the state, which enforces the enjoyment of rights. � The law creates and sustains rights, so when the content of law changes, the substance of the rights also changes. � Drawbacks: � If the state can give us rights, it can take them away as well, which is not so because in that case, we would only have those rights, which the state would like us to have.

THEORIES OF RIGHTS � Historical Theory of Rights: � Features: It hold the view that rights grow from traditions and customs. � As traditions and customs stabilize owing to their constant and continuous usage, they take the shape of rights. � Its origin lies in 18 th century, in the writings of Edmund Burke. � � Drawbacks: It cannot be admitted that all our customs result into rights. Eg: Sati system does not constitute a right nor does infanticide. � All our rights do not have their origins in customs. Eg: Right to social security is not related to any custom. �

THEORIES OF RIGHTS � Social Welfare theory of Rights: � Features: � It presumes that rights are the conditions of social welfare. � It argues that state should recognize only such rights that help promote social welfare. � It implies that rights are the creation of the society in as much as they are based on the consideration of common welfare: rights are the conditions of social good which means that claims not only in conformity with the general welfare, and therefore, not recognized by the community do not become our rights. � Drawbacks: � If rights are created by the consideration of social expediency, the individual is without an appeal and helplessly dependant on its arbitrary will.

THEORIES OF RIGHTS � Marxist Theory of Rights: � Features: � According to Marx, which controls the economic structure of the society, also controls political power and it promotes its own interest rather than interests of all. � As the socialist state is a classless society, its state and laws protects the rights of not only a particular class, but of all the people living in that classless society. � The system of rights for all would follow this pattern: � � � Economic rights(work, social security) Social rights(education) Political rights(franchise rights)

THEORIES OF RIGHTS � Drawbacks: � The Marxist theory suffers from its deterministic ideology, though its emphasis on non-exploitative socialist system is its characteristic feature. � Neither the economic factor alone provides the basis of society nor the superstructure is the reflection of only the economic base; for noneconomic forces also pay their role in determining the superstructure.

DIMENSIONS/KINDS OF RIGHTS � Natural Rights and Legal Rights: � � � Natural rights(inalienable rights) are considered to be self-evident and universal. They are not contingent upon laws, customs or beliefs of any particular government and culture. Legal Rights(statutory rights) are bestowed by a particular government to the governed people and are relative to specific cultures and governments. Moral Rights: � � � These rights are claims of individuals based on the conscience of the community, claims recognised by the good sense of the people. The difficulty is that they can’t be enforced by rules, their enforcement depends upon the good sense of the community. When they are converted to legal rights, they become enforceable by the action of the states.

DIMENSIONS/KINDS OF RIGHTS � Civil Rights: � � These rights relate to the person and the property of the individuals. They are called civil or social as they relate to the essential conditions of a civilized life. It includes rights such as life, personal liberty, thought, expression, religion and all the like. Political Rights: � � These relate to a citizen’s participation in the affairs of the state. It includes rights such as right to vote, right to public employment, right to contest in elections, right to public opinion etc. It enables a person to send petitions to the government for redressal of certain wrongdoings, following a particular policy etc. Democracy is regarded as the best form of government for the obvious reason that it ensures these rights.

DIMENSIONS/KINDS OF RIGHTS � Economic Rights: � � � These rights relate to a man’s vocation, his engagement in a gainful employment for livelihood. It implies right to earn money through proper means. Right to work, right to rest and leisure fall under this category. Human Rights: � � Commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because he or she is a human being. These rights are inherent in the mere fact of being human. It is based on a belief that every human is entitled to enjoy his/her rights without discrimination. It is guaranteed by Universal Declaration of Human Rights by UN.

DIMENSIONS/KINDS OF RIGHTS � Fundamental Rights: � � Those rights which form the essential conditions of good life and which constitute the essentials of human progress. In the absence of these rights, the growth and development of human personality is not possible. In order to make them inviolable, they are enshrined in the constitutions of democratic countries eg: India, USA, France etc. If any of the fundamental rights is violated, the person concerned can go to the court to seek help.

PROTECTION OF RIGHTS � � � Rights should be enlisted in the constitution. Rule of Law should prevail. Free and honest press. Decentralization of powers. Independent and impartial judiciary. Associations and organizations.

CONCLUSION Rights are social claims necessary for the development of human personality. These belong to the individuals and they provide conditions without which they cannot seek to be themselves. They are social; given by the society and secured by the state. Even the state cannot take them away from the individuals. They reflect a particular stage of the development of the society. As the society changes, so do the character and content of rights.