RightsRights

Who, What, and Who, What, and Why?Why?

Definition A right is a freedom to act A right is a freedom to act

or refrain from acting or an or refrain from acting or an entitlement to be acted entitlement to be acted upon or not acted upon.upon or not acted upon.

A right is a power or A right is a power or privilege to which a person privilege to which a person has a has a just claim.just claim.

Questions to AskQuestions to Ask Who?-Who?- children, animals, children, animals,

workers, states, human workers, states, human beings in general.beings in general.

What actions or states or What actions or states or objects?- “free objects?- “free expression,” privacy, expression,” privacy, property, bodily.property, bodily.

Questions to AskQuestions to Ask Why? How justified?- moral, Why? How justified?- moral,

legal natural, tradition.legal natural, tradition. How is the asserted right How is the asserted right

affected by the right-affected by the right-holder’s actions? Can it be holder’s actions? Can it be forfeited? Can it be forfeited? Can it be voluntarily given up?voluntarily given up?

Natural RightsNatural Rights Natural rightsNatural rights are rights are rights

derived from Nature- they derived from Nature- they are universal; can’t be are universal; can’t be taken away (exist taken away (exist necessarily) “inalienable”necessarily) “inalienable”

Life, liberty, pursuit of Life, liberty, pursuit of happiness.happiness.

Legal RightsLegal Rights A legal right is based on a A legal right is based on a

society’s customs, laws, society’s customs, laws, statues or actions by statues or actions by legislatures. These are legislatures. These are called “civil rights”- and are called “civil rights”- and are culturally and politically culturally and politically relative. - right to voterelative. - right to vote

Claim RightClaim Right A claim right entails that A claim right entails that

another person has a duty another person has a duty to the right-holder. to the right-holder. Imposes duties on others to Imposes duties on others to act or refrain from acting.act or refrain from acting.

Life, liberty, property, Life, liberty, property, informed consent.informed consent.

Liberty RightLiberty Right A liberty right is a privilege A liberty right is a privilege

or freedom to do something or freedom to do something and does not entail and does not entail obligations on others.obligations on others.

Permitted to do something Permitted to do something only if no other person has only if no other person has a claim right forbidding.a claim right forbidding.

Positive- Positive- NegativeNegative Positive- Permission to do Positive- Permission to do

or entitlement to be done or entitlement to be done unto.unto.

Negative-Negative- permission not to permission not to do or entitlement to be left do or entitlement to be left alone- non-interference.alone- non-interference.

Individual or GroupIndividual or Group General sense of right is that it General sense of right is that it

belongs to individuals.belongs to individuals. Group as entity in its own right-Group as entity in its own right-

platoon of soldier or a tribe.platoon of soldier or a tribe. Individual rights because of group- Individual rights because of group-

labor, disability, patient, prisoner, labor, disability, patient, prisoner, reproductive, animals, children, reproductive, animals, children, parents.parents.

Conflict of RightsConflict of Rights A Major question for a A Major question for a an individual, society an individual, society or moral system is or moral system is how to resolve how to resolve conflicts of rights?conflicts of rights?

Human RightsHuman Rights The Universal Declaration of Human

Rights (UDHR) was adopted by the United Nations General Assembly on December 10, 1948

Preamble states: recognition of the recognition of the inherent dignity and of the equal and inherent dignity and of the equal and inalienable rights of all members of inalienable rights of all members of the human family is the foundation the human family is the foundation of freedom, justice and peace in the of freedom, justice and peace in the world.world.

PreamblePreamble Whereas disregard and contempt for disregard and contempt for

human rights have resulted in barbarous human rights have resulted in barbarous acts which have outraged the conscience acts which have outraged the conscience of mankind, and the advent of a world in of mankind, and the advent of a world in which human beings shall enjoy freedom which human beings shall enjoy freedom of speech and belief and freedom from of speech and belief and freedom from fear and want has been proclaimed as fear and want has been proclaimed as the highest aspiration of the common the highest aspiration of the common people,people,

Whereas it is essential, if man is not to it is essential, if man is not to be compelled to have recourse, as a last be compelled to have recourse, as a last resort, to rebellion against tyranny and resort, to rebellion against tyranny and oppression, that human rights should be oppression, that human rights should be protected by the rule of law,protected by the rule of law,

Universal DeclarationUniversal Declaration Asserts the four freedoms: freedom of freedom of

speech, belief, freedom from want, and speech, belief, freedom from want, and freedom from fear – which is "proclaimed freedom from fear – which is "proclaimed as the highest aspiration" of the people.as the highest aspiration" of the people.

Everyone is entitled to all the rights and Everyone is entitled to all the rights and freedoms set forth in this Declaration, freedoms set forth in this Declaration, without distinction of any kind, such as race, , such as race, color, sex, language, religion, political or color, sex, language, religion, political or other opinion, national or social origin, other opinion, national or social origin, property, birth or other statusproperty, birth or other status

Universal DeclarationUniversal Declaration Everyone has the Everyone has the right to life, ,

liberty and liberty and security of person.. No one shall be held in slavery or No one shall be held in slavery or

servitude; servitude; slavery and the and the slave trade shall be prohibited in all shall be prohibited in all their forms.their forms.

No one shall be subjected to No one shall be subjected to torture or to cruel, inhuman or degrading or to cruel, inhuman or degrading treatment or punishment.treatment or punishment.

Universal DeclarationUniversal Declaration Everyone has the right to recognition Everyone has the right to recognition

everywhere as a person before the law.everywhere as a person before the law. No one shall be subjected to arbitrary No one shall be subjected to arbitrary

arrest, , detention or or exile.. Everyone charged with a penal Everyone charged with a penal

offence has the right to be offence has the right to be presumed innocent until proved guilty until proved guilty according to law in a public trial at according to law in a public trial at which he has had all the guarantees which he has had all the guarantees necessary for his defense.necessary for his defense.

Universal DeclarationUniversal Declaration 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 DeclarationUniversal Declaration Everyone has the right to work, Everyone has the right to work,

to free choice of employment, to free choice of employment, to just and favorable conditions to just and favorable conditions of work and to protection of work and to protection against unemployment.against unemployment.

Everyone, without any Everyone, without any discrimination, has the right to discrimination, has the right to equal pay for equal work.equal pay for equal work.

Universal DeclarationUniversal Declaration 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 DeclarationUniversal Declaration Everyone has the right to educationEveryone has the right to education Education shall be directed to the Education shall be directed to the

full development of the human full development of the human personality and to the personality and to the strengthening of respect for human strengthening of respect for human rights and fundamental freedoms.rights and fundamental freedoms.

Parents have a prior right to Parents have a prior right to choose the kind of education that choose the kind of education that shall be given to their children.shall be given to their children.

Universal DeclarationUniversal Declaration Everyone has Everyone has duties to the communityduties to the community in in

which alone the free and full development which alone the free and full development of his personality is possible.of his personality is possible.

Everyone has the right freely to participate Everyone has the right freely to participate in the in the cultural life of the communitycultural life of the community, to , to enjoy the arts and to share in scientific enjoy the arts and to share in scientific advancement and its benefits.advancement and its benefits.

Everyone has the right to the Everyone has the right to the protection of protection of the moral and material intereststhe moral and material interests resulting resulting from any scientific, literary or artistic from any scientific, literary or artistic production of which he is the production of which he is the author.author.

Universal DeclarationUniversal Declaration Everyone has the right to freedom Everyone has the right to freedom

of movement and residence within of movement and residence within the borders of each state.the borders of each state.

Everyone has the right to leave any Everyone has the right to leave any country, including their own, and to country, including their own, and to return to their country.return to their country.

Everyone has the right to seek and Everyone has the right to seek and to enjoy in other countries asylum to enjoy in other countries asylum from persecution.from persecution.

U.N. Rights Conventions 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

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 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- Charter 77- 19771977 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- Charter 08- 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- Charter 08- New Constitution- Separation of

Powers; Independent Judiciary Public control of public servants-

military and others Guarantee of human rights Election of Public Officials Rural-Urban equality

Charter 08- Charter 08- Freedom to form groups,

expression, religion and civic education (not indoctrination)

Financial and Tax reform and social security

Truth in reconciliation- restoration and reparations.