Chapter Notes

What are Rights?

A right is essentially an entitlement or a justified claim. It represents what we are due as citizens, individuals, and human beings. For a claim to be considered a right, it must be recognized by society as legitimate and something that should be upheld.

It's important to understand the difference between what we simply want and what can be called a right. You might want to wear casual clothes to school instead of a uniform, but that doesn't mean you have a right to do so. Rights are not just personal desires; they are claims that are considered essential for a dignified and fulfilling life.

There are two main grounds on which rights are claimed:

1. For a Life of Respect and Dignity: Rights are conditions that we, as a society, see as necessary for self-respect and dignity.
   • The right to livelihood, for example, is crucial because having a job provides economic independence, which is central to a person's dignity.
   • The right to express ourselves freely allows us to be creative and original. It is also vital for a democratic government, as it permits the free expression of different beliefs and opinions.
2. For Our Well-being: Rights are necessary to help individuals develop their talents and skills.
   • The right to education helps us develop our ability to reason, learn useful skills, and make informed choices.

However, an activity that is harmful to our health and well-being cannot be claimed as a right. For instance, because medical research shows that prohibited drugs are injurious, a person cannot claim a "right" to use them. Similarly, smoking cannot be claimed as a right because it harms the smoker and can also injure the health of people nearby.

Where Do Rights Come From?

The idea of where our rights originate has evolved over time.

Natural Rights

In the 17th and 18th centuries, political thinkers argued that rights are given to us by nature or God. These were called natural rights.

• This theory suggested that we are born with these rights; they are not granted by a ruler or society.
• Because they are inherent, these rights are considered inalienable, meaning no one can take them away.
• The three fundamental natural rights identified were the right to life, liberty, and property. All other rights were believed to be derived from these.

Human Rights

In recent years, the term human rights is used more often than "natural rights." This shift occurred because the idea of a "natural law" given by God or nature seems unacceptable to many today.

• The modern view is that rights are guarantees that human beings seek to ensure they can lead a minimally good life.
• The core assumption behind human rights is that all persons are entitled to certain things simply because they are human.
• This means every person is unique, equally valuable, and no one is born to serve others.

Kant on Human Dignity

The 18th-century German philosopher Immanuel Kant provided a moral foundation for rights based on the idea of human dignity.

• Kant argued that every person has an inherent dignity and must be treated as valuable in themselves, not just as a means to an end. We should not treat people like objects (a pen or a car) that are only useful to us.
• He believed that we should treat others as we would like to be treated ourselves.
• This moral conception of rights became a rallying point for those fighting against social hierarchies and for human rights for everyone, regardless of their status, wealth, or background.

The UN Universal Declaration of Human Rights is built on this understanding, recognizing claims that the world community sees as vital for a life of dignity and self-respect. Over time, the list of human rights has expanded to address new challenges, leading to demands for rights like clean air, water, and sustainable development.

Legal Rights and the State

While human rights claims appeal to our morality, their success often depends on the support of governments and the law. This is why the legal recognition of rights is so important.

• Many countries include a Bill of Rights in their constitution, which is the highest law of the land. In India, these are called Fundamental Rights.
• Constitutional recognition gives these rights primary importance, and all other laws and policies must respect them.

Rights place specific obligations on the state, telling it both what it must do and what it must not do.

• What the state must do: Your right to life obliges the state to create laws that protect you from harm. Your right to education requires the state to make provisions for your basic education.
• What the state must refrain from doing: Your right to liberty means the state cannot arrest you arbitrarily. It must provide reasons and follow legal procedures, such as producing an arrest warrant.

Kinds of Rights

Rights can be broadly categorized into different types, all of which contribute to the well-being of the individual.

Political Rights

Political rights give citizens the right to equality before the law and the ability to participate in the political process. They are the foundation of a democratic system.

• Examples: The right to vote, the right to contest elections, and the right to form political parties.
• These are supported by civil liberties, which include the right to a free and fair trial, the right to express one's views freely, and the right to protest.

Economic Rights

Political rights can only be fully exercised when a person's basic needs are met. For someone struggling for food and shelter, the right to vote may have little immediate value. Economic rights address these basic needs.

• Examples: The right to an adequate wage, reasonable conditions of work, housing, and medical facilities.
• In some countries, governments provide unemployment benefits or run employment guarantee schemes (like the one in rural India) to help the poor meet their basic needs.

Cultural Rights

Democracies are also increasingly recognizing the cultural claims of their citizens, as these are seen as necessary for leading a good life.

• Examples: The right to have primary education in one's mother tongue and the right to establish institutions for teaching one's language and culture.

Rights and Responsibilities

Rights are not just claims on the state; they also place obligations on each of us as citizens.

1. Protecting the Common Good: Rights compel us to think beyond our personal interests and defend things that are good for everyone. This includes protecting the environment (ozone layer, clean air and water) for ourselves and for future generations.
2. Respecting the Rights of Others: If I claim a right for myself, I must grant the same right to others. My right to free speech does not give me the right to incite a crowd to harm someone else. My rights are limited by the principle of equal rights for all.
3. Balancing Rights in Conflict: Sometimes, rights can conflict with each other. For instance, my right to freedom of expression allows me to take pictures, but if I take a photo of someone in their home without their consent, it violates their right to privacy. We must balance these competing claims.
4. Being Vigilant about Limitations: Citizens must be watchful when governments place restrictions on rights, even for reasons like national security. While protecting a country is important, these measures can be misused to curtail civil liberties. We must question whether such restrictions are truly necessary and ensure that even arrested persons are given due legal process.