Chapter 5 Rights

What Are Rights?

In everyday language, we often discuss our rights, which can range from political entitlements like voting or forming parties to newer claims such as the right to clean air or safe water. Rights are not limited to public life but also extend to social and personal spheres. They can be claimed for various beings, including children and animals.

At its core, a right is an entitlement or a justified claim. It represents something we are due as citizens, individuals, or human beings, and which society should recognise and uphold.

However, it is important to distinguish between a personal want or desire and a genuine right. Simply wanting something does not make it a right.

The primary basis for recognising something as a right is that it is considered necessary for living a life of respect and dignity. Society collectively agrees that certain conditions are fundamental for individual self-respect and dignity.

• For example, the right to livelihood provides economic independence, crucial for dignity. Meeting basic needs allows individuals the freedom to develop their potential.
• The right to express ourselves freely enables creativity and originality and is vital for democratic functioning by allowing diverse opinions.

Rights based on this criterion, like the right to livelihood or freedom of expression, are often considered universal because they are important for all human beings in society.

Another key justification for rights is their necessity for our well-being and the development of our talents and skills.

• The right to education, for instance, helps cultivate reasoning abilities, provides useful skills, and empowers informed decision-making, making it a universal right.

Conversely, any activity proven to be harmful to health and well-being, such as using prohibited drugs or smoking tobacco (which can harm others nearby), cannot be claimed as a right.

Where Do Rights Come From?

Historically, in the 17th and 18th centuries, political thinkers believed that rights originated from nature or God, known as natural rights. These rights were thought to be inherent, meaning people were born with them and they could not be taken away by rulers or society (making them inalienable). The most commonly identified natural rights were the right to life, liberty, and property, from which other rights were thought to stem.

This concept of natural rights was a powerful tool used to oppose the arbitrary use of power by states and governments and to protect individual freedoms.

More recently, the term human rights has become more prevalent than natural rights. This shift is partly because the idea of rights strictly given by nature or a divine source is less widely accepted today. Human rights are increasingly seen as guarantees that people themselves establish or agree upon to ensure a minimum standard of a good life.

The foundation of human rights rests on the belief that all individuals are entitled to certain things simply by virtue of being human beings. Each person is considered unique and equally valuable, implying that everyone is equal and no one is inherently meant to serve another. This intrinsic value suggests that all individuals should have equal opportunities to be free and achieve their full potential.

This understanding of humans as free and equal individuals has been instrumental in challenging historical inequalities based on factors like race, caste, religion, and gender. The UN Universal Declaration of Human Rights is built upon this perspective, aiming to codify the claims considered essential globally for leading a life of dignity and self-respect.

The concept of universal human rights has been used by oppressed groups worldwide to challenge discriminatory laws and practices. Through various struggles, the interpretation and application of existing rights have evolved. While the abolition of slavery is one example, ongoing struggles continue for the full recognition and inclusion of various communities.

The scope of human rights claims has broadened over time in response to new societal challenges. Concerns about the environment, for instance, have led to demands for rights related to clean air, water, and sustainable development. Increased awareness of the vulnerabilities faced by women, children, or the sick during crises has also prompted claims for rights like the right to livelihood and specific rights for children.

Such claims often emerge from a sense of moral outrage against violations of human dignity and serve to mobilise support for extending rights to all people.

Kant On Human Dignity

According to the 18th-century German philosopher Immanuel Kant, there is a fundamental difference between things that have a price and those that possess dignity.

• Something with a price can be replaced by something equivalent in value.
• Something with dignity, however, is above all price and has no equivalent. It is inherently valuable.

Kant argued that human beings possess dignity and are valuable in themselves. This means every person deserves to be treated with a minimum level of dignity simply because they are human, regardless of their education, wealth, power, or even moral character.

For Kant, treating people with dignity was synonymous with treating them morally. His view, known as the moral conception of rights, rests on two key principles:

1. We should treat others in the same way we would wish to be treated ourselves.
2. We should never treat another person merely as a means to achieve our own goals (like an object such as a pen or car), but always also as an end in themselves. We should respect individuals not because they are useful to us, but because they are human beings.

Kant's ideas provided significant philosophical support for those fighting against social hierarchies and advocating for human rights.

Legal Rights And The State

While claims based on human rights have a strong moral appeal, their effectiveness often depends on receiving support from governments and the legal system. This is why legal recognition of rights is crucial.

Many countries embed a Bill of Rights or similar provisions (like Fundamental Rights in India) in their constitutions, which represent the highest law. Constitutional recognition grants these rights primary importance, and other laws and policies are expected to uphold them.

Although some theorists define rights primarily as claims recognised by the state, legal endorsement is not the *only* basis for rights. As societies evolve, rights claims expand and are reinterpreted to include previously excluded groups and reflect contemporary understandings of a dignified life. However, in practice, most rights claims are directed towards the state.

Rights impose obligations upon the state. They specify what the state must do and what it must refrain from doing:

• Obligations to Act: When a right is asserted, it often requires the state to take positive steps. For example, the right to education requires the state to provide basic educational facilities. Similarly, the right to life obliges the state to create laws protecting citizens from harm and to punish those who inflict injury. If the right to life includes a right to a good quality of life, the state might be expected to implement policies promoting a clean environment.

• Obligations to Refrain: Rights also limit state power by indicating actions the state must not take. For instance, the right to liberty means the state cannot arbitrarily arrest someone. Any deprivation of liberty must be justified legally, often requiring mechanisms like presenting an arrest warrant and allowing the arrested person to appear before a judicial court. This ensures that state actions are subject to legal review and constraint.

Essentially, rights serve as safeguards, ensuring that state authority is exercised without infringing upon the sanctity of individual life and liberty. The state's sovereignty exists not for its own sake, but for the well-being of its individuals. Rulers are accountable and must ensure laws serve the good of the people.

Kinds Of Rights

Modern democracies typically establish a framework of different types of rights:

• Political Rights: These grant citizens the right to equality before the law and the ability to participate in the political process. Examples include the right to vote, elect representatives, contest elections, and form or join political parties. Political rights are fundamental to a democratic system, making the government accountable to the people and ensuring individuals can influence decisions.

• Civil Liberties: These rights complement political rights and include entitlements like the right to a free and fair trial, the freedom to express one's views, and the right to protest and dissent. Civil liberties and political rights collectively form the basis of a democratic government.

While political rights are crucial, their full exercise can be hindered if individuals cannot meet their basic needs like food, shelter, clothing, and health. Recognising this, democratic societies increasingly acknowledge the need for Economic Rights.

• Economic Rights: These aim to provide the conditions necessary for individuals to live decently and effectively utilise their political rights. They may include demands for an adequate wage, reasonable working conditions, and sometimes state provisions like housing, medical facilities, or minimum income support for the unemployed. Governments often implement schemes to help the poor achieve basic economic security.

Beyond political and economic rights, there is growing recognition of Cultural Rights in democracies.

• Cultural Rights: These acknowledge the importance of preserving and promoting one's cultural identity. Examples include the right to receive primary education in one's mother tongue or the right to establish institutions dedicated to teaching one's language and culture. These are seen as important for leading a fulfilling life.

The range of recognised rights in democracies has expanded significantly over time. While some are considered foundational and prioritised (like the rights to life, liberty, equality, and political participation), other conditions necessary for a decent life are increasingly being accepted as legitimate claims or rights.

Rights And Responsibilities

Rights not only impose obligations on the state but also require corresponding responsibilities from individuals who claim those rights.

Firstly, having rights requires us to think beyond just our personal needs and interests. We have a responsibility to help protect and defend things that are considered the 'common-good' – benefits that are essential for everyone. This includes acting to protect the environment, reduce pollution, conserve forests, and maintain ecological balance. These actions are vital for our own well-being and to ensure that future generations inherit a safe and clean world.

Secondly, a fundamental responsibility linked to rights is to respect the rights of others. If you claim the right to freedom of expression, you must grant the same right to others. If you expect privacy and non-interference in your personal choices (like clothing or music), you must extend the same respect to others' choices. Using your rights in a way that harms or infringes upon the rights of others is unacceptable; for instance, using free speech to incite violence against someone. The principle of equal rights for all limits individual rights.

Thirdly, individuals must be prepared to balance their own rights when they conflict with the rights of others. For example, while you may have the right to take photographs, this right does not extend to photographing someone in a private setting without their consent, as this would violate their right to privacy.

Fourthly, citizens have a responsibility to be vigilant about potential limitations placed on their rights, particularly by the government. A relevant debate concerns restrictions on civil liberties justified by national security concerns. While safeguarding national security is important for protecting citizens' rights, there's a risk that such restrictions might themselves become a threat to people's freedoms.

This raises critical questions:

• At what point do security measures excessively curtail liberty?
• Should governments be allowed to arrest based on mere suspicion?
• Is it acceptable to intercept private communications or use torture to obtain information?

In such situations, it's crucial to assess whether an individual poses an imminent threat. Even when arrested, individuals should retain rights, such as the right to legal counsel and the opportunity to present their case before a court. Citizens must be cautious about granting governments powers that could easily be misused to suppress civil liberties. Unchecked power can lead to authoritarianism, defeating the very purpose of the state, which is the well-being of its members.

Although rights are not absolute, citizens must remain vigilant in protecting both their own rights and the rights of others, as this vigilance is the bedrock of a democratic society.

Universal Declaration of Human Rights (UDHR)

Adopted and proclaimed by the UN General Assembly on December 10, 1948, the UDHR is a landmark document. Following its adoption, member countries were urged to publicise, disseminate, and teach the Declaration, particularly in educational institutions, without discrimination based on political status.

The Preamble of the UDHR outlines its foundational principles:

• It states that recognising the inherent dignity and the equal and inalienable rights of all members of the human family is the basis for freedom, justice, and peace worldwide.
• It notes that ignoring and showing contempt for human rights have led to horrific acts that have shocked humanity's conscience.
• Achieving a world where people enjoy freedom of speech, belief, and freedom from fear and want is declared as the highest aspiration.
• It emphasises that human rights must be protected by the rule of law to prevent people from being forced to rebel against tyranny.
• It highlights the importance of promoting friendly relations between nations and reaffirms the commitment of the UN peoples to fundamental human rights, the dignity and worth of the human person, and the equal rights of men and women.
• Member states have pledged to cooperate with the UN to promote universal respect for and observance of human rights.

The UDHR is proclaimed as a common standard of achievement for all peoples and nations, encouraging every individual and societal body to strive, through teaching and education, to promote respect for these rights and freedoms and ensure their universal recognition and observance.

(An image related to the Universal Declaration of Human Rights is relevant here, such as the document itself or a symbol representing human rights.)

Exercises