Transcript Rights Who, What, and Why? Definition   A right is a freedom to act or refrain from acting or an entitlement to be acted upon or not.

Rights
Who, What, and
Why?
Definition
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A right is a freedom to act or
refrain from acting or an
entitlement to be acted
upon or not acted upon.
A right is a power or
privilege to which a person
has a just claim.
Questions to Ask
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Who?- children, animals,
workers, states, human
beings in general.
What actions or states or
objects?- “free expression,”
privacy, property, bodily.
Questions to Ask
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Why? How justified?- moral,
legal natural, tradition.
How is the asserted right
affected by the right-holder’s
actions? Can it be forfeited?
Can it be voluntarily given
up?
Natural Rights
Natural rights are rights
derived from Nature- they
are universal; can’t be
taken away (exist
necessarily) “inalienable”
 Life, liberty, pursuit of
happiness.
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Legal Rights
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A legal right is based on a
society’s customs, laws,
statues or actions by
legislatures. These are
called “civil rights”- and are
culturally and politically
relative. - right to vote
Claim Right
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A claim right entails that
another person has a duty to
the right-holder. Imposes
duties on others to act or
refrain from acting.
Life, liberty, property,
informed consent.
Liberty Right
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A liberty right is a privilege
or freedom to do something
and does not entail
obligations on others.
Permitted to do something
only if no other person has a
claim right forbidding.
Positive- Negative
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Positive- Permission to do or
entitlement to be done unto.
Negative- permission not to
do or entitlement to be left
alone- non-interference.
Individual or Group
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General sense of right is that it
belongs to individuals.
Group as entity in its own rightplatoon of soldier or a tribe.
Individual rights because of
group- labor, disability, patient,
prisoner, reproductive, animals,
children, parents.
Conflict of Rights
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A Major question for a
an individual, society
or moral system is how
to resolve conflicts of
rights?
Human Rights
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The Universal Declaration of Human
Rights (UDHR) was adopted by the United
Nations General Assembly on December 10,
1948
Preamble states: recognition of the
inherent dignity and of the equal and
inalienable rights of all members of the
human family is the foundation of
freedom, justice and peace in the world.
Preamble
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Whereas disregard and contempt for human
rights have resulted in barbarous acts which
have outraged the conscience of mankind, and
the advent of a world in which human beings
shall enjoy freedom of speech and belief and
freedom from fear and want has been
proclaimed as the highest aspiration of the
common people,
Whereas it is essential, if man is not to be
compelled to have recourse, as a last resort, to
rebellion against tyranny and oppression, that
human rights should be protected by the rule
of law,
Universal Declaration
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Asserts the four freedoms: freedom of speech,
belief, freedom from want, and freedom from
fear – which is "proclaimed as the highest
aspiration" of the people.
Everyone is entitled to all the rights and
freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, sex,
language, religion, political or other opinion,
national or social origin, property, birth or
other status
Universal Declaration
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Everyone has the right to life, liberty
and security of person.
No one shall be held in slavery or
servitude; slavery and the slave trade
shall be prohibited in all their forms.
No one shall be subjected to torture
or to cruel, inhuman or degrading
treatment or punishment.
Universal Declaration
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Everyone has the right to recognition
everywhere as a person before the law.
No one shall be subjected to arbitrary
arrest, detention or exile.
Everyone charged with a penal offence
has the right to be presumed innocent
until proved guilty according to law in a
public trial at which he has had all the
guarantees necessary for his defense.
Universal Declaration
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No one shall be subjected to
arbitrary interference with his
privacy, family, home or
correspondence, nor to attacks upon
his honor and reputation. Everyone
has the right to the protection of the
law against such interference or
attacks.
Everyone has the right to freedom of
thought, conscience and religion
Universal Declaration
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Everyone has the right to work, to
free choice of employment, to just
and favorable conditions of work
and to protection against
unemployment.
Everyone, without any
discrimination, has the right to
equal pay for equal work.
Universal Declaration
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Everyone has the right to a standard of living
adequate for the health and well-being of
himself and of his family, including food,
clothing, housing and medical care and
necessary social services, and the right to
security in the event of unemployment,
sickness, disability, widowhood, old age or
other lack of livelihood in circumstances
beyond his control.
Motherhood and childhood are entitled to
special care and assistance. All children,
whether born in or out of wedlock, shall enjoy
the same social protection
Universal Declaration
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Everyone has the right to education
Education shall be directed to the full
development of the human personality
and to the strengthening of respect for
human rights and fundamental
freedoms.
Parents have a prior right to choose the
kind of education that shall be given to
their children.
Universal Declaration
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Everyone has duties to the community in
which alone the free and full development of
his personality is possible.
Everyone has the right freely to participate in
the cultural life of the community, to enjoy
the arts and to share in scientific
advancement and its benefits.
Everyone has the right to the protection of
the moral and material interests resulting
from any scientific, literary or artistic
production of which he is the author.
Universal Declaration
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Everyone has the right to freedom of
movement and residence within the
borders of each state.
Everyone has the right to leave any
country, including their own, and to
return to their country.
Everyone has the right to seek and to
enjoy in other countries asylum from
persecution.
U.N. Rights Conventions
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International Convention on Civil
and Political Rights-1966- Yes
International Covenant on
Economic, Social and Cultural
Rights-1966- No
Convention on the Elimination of
All Forms of Discrimination against
Women-1979- No
U.N. Rights Conventions
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Convention on the Rights of the
Child-2000- No
Convention on the Rights of
Persons with Disabilities- No
Convention on the Rights of
Migrant Workers-1990-2006- No
Abolition of child labor-2000- No
U.N. Rights Conventions
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Freedom of association and collective
bargaining- No
Elimination of discrimination in respect of
employment and occupation- No
Convention Against Torture- 1984-Yes
Convention Against Genocide- 1988- Yes
Supporting the Declaration on sexual
orientation and gender identity
Charter 77- 1977
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Advocated for a restoration of Civil and
Political Rights including the freedom of
public expression, religious conviction,
rights of family and private life.
Demanded legal rights be upheld- lack
of defense and rights of the accused.
Reaffirmed the Universal Declaration of
Human Rights
Charter 08
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Affirmed the following principles: (1)
Freedom of speech, press, assembly,
association, demonstrate, protest.
Affirmed human rights of all citizens.
Affirmed equality and dignity of all
regardless of social station, etc.
Republicanism- balance of branches.
Charter 08
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New Constitution- Separation of
Powers; Independent Judiciary
Public control of public servantsmilitary and others
Guarantee of human rights
Election of Public Officials
Rural-Urban equality
Charter 08
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Freedom to form groups, expression,
religion and civic education (not
indoctrination)
Financial and Tax reform and social
security
Truth in reconciliation- restoration and
reparations.