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 acted upon.

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

Questions to Ask Who?- children, animals,

workers, states, human beings in general.

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

Questions to Ask 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.

Legal Rights 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 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 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 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 General sense of right is that it

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

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

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

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

Human 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 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 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 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 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 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 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 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 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 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 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 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 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- 1977 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- 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- 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- Freedom to form groups,

expression, religion and civic education (not indoctrination)

Financial and Tax reform and social security

Truth in reconciliation- restoration and reparations.