What are rights?
A right is a claim which can be justified.
Rights tell us what we are entitled to as citizens, individuals and human beings.
It is something that we consider to be our due; something that the rest of society accepts as a legitimate claim. This does not mean that everything that we consider necessary or desirable is a right.
I may wish to wear the clothes of my choice instead of the prescribed uniform for school.
This doesn’t mean that I have the right to wear whatever I want to school or to come home whenever I want.
Rights reflect those things that I and others consider important and necessary to live a life with respect and dignity.
Example - Right to livelihood
It is necessary to live a respectable life.
Being employed gives economic independence to a person, hence it is important for his dignity.
Example - Right to free expression
This right gives us the opportunity to be creative and original whether it is in the field of writing or dance, music or any other creative activity.
Freedom of expression is important for all people living in the society.
The second basis for claiming rights is that they are necessary for our well-being.
- They help people develop their skills and talents.
- Example - The right to education helps us develop our reasoning abilities, provides us with useful skills and enables us to make informed choices in life.
- Education is considered essential for the welfare of the individual to such an extent that it is recognised as a universal right.
- If an activity is harmful to our health and well-being, it cannot be considered a right.
- For example, medical research has proven that drugs are harmful to health
- So we cannot claim that we should have the right to use drugs or inject or smoke.
- In the case of smoking, it is also harmful to the health of those who are around smokers.
- Drugs not only harm our health, but they sometimes change our behavior pattern and make us a threat to other people.
- Under our definition of rights, smoking or taking banned drugs cannot be recognised as rights.
Where do rights come from?
Explains the views on the nature of rights as expressed by seventeenth and eighteenth century political theorists. It explains the concept of natural rights and their importance.
Concept of Rights:
- Rights are given by God or nature.
- These rights are innate and cannot be taken away by any person or ruler.
Three main natural rights:
- right to life
- Right to freedom
- Right to property
Importance of Natural Rights:
- All human beings automatically have these rights by virtue of being individuals.
- Other rights arise from these basic rights.
- These rights exist even without a person claiming them.
In recent years, the use of human rights in place of natural rights has become more popular. The reason behind this is that the idea of rights being natural or God-given is becoming unacceptable in the modern perspective.
Human rights replaced natural rights:
- Earlier rights were considered to be given by nature or God.
- Now this idea is less valid, and the importance of human rights has increased.
Modern View of Rights:
- Rights are now seen as guarantees that human beings have developed themselves.
- These guarantees are considered essential to live a better and dignified life.
Human rights are meant to protect equality, freedom and dignity of all human beings and they challenge any kind of inequalities.
Basic Concepts of Human Rights:
- Equality and uniqueness: All human beings, simply by being human, have equal and unique worth.
- Equal opportunity: Every individual has an equal right to freedom and to realise his or her potential.
- Anti-inequality: This view rejects inequalities based on race, caste, religion and gender.
Universality of Human Rights:
- The purpose of human rights is to recognize the intrinsic worth and dignity of every individual.
- No one is born to be "the servant of others"; all deserve freedom.
United Nations and Human Rights:
- Universal Declaration: It is an attempt to recognise the universality of human rights.
- It takes claims accepted by the world community and attempts to enforce them at the global level.
As new threats and challenges emerge in different societies, the list of human rights that people claim has continually grown.
Today we are very conscious about the need to protect the natural environment and this has given rise to demands for rights like clean air, pure water, sustainable development etc.
New awareness of the changes that many people, especially women, children, or the sick, suffer during war or natural calamities has also given rise to demands for the right to livelihood, children's rights, and other such rights.
Legal rights and state power
No matter how morally appealing human rights claims are, their success depends on a number of factors. The most important of these is the support of governments and the law. This is why legal recognition of rights is given so much importance.
In many countries, the Bill of Rights is enshrined in the Constitution. Constitutions represent the supreme law of the country. Therefore, constitutional recognition of certain rights gives them fundamental importance. In our country, we call them fundamental rights. The Constitution mentions those rights which are considered to be of fundamental importance. It is also possible to mention some other rights which become important due to the specific history and customs of a country. For example , in India, there is a provision for banning untouchability. Which draws attention to the traditional social evil of the country.
Legal and constitutional recognition of our claims is so important that many theorists define rights as claims that have been recognized by the state. Legal recognition gives our rights a special status in society. In most cases rights are claims against the state. Through rights we demand something from the state. When we insist on the right to education, we demand the state to make provisions for basic education. Society can also accept the importance of education and cooperate in it from its side.
Various groups can open schools and raise funds for scholarships so that children from all classes can benefit from education. But primarily this responsibility lies with the state. It is the state that has to enforce the necessary measures to ensure that our right to education is fulfilled.
Thus, rights impose legal obligations on the State to act in certain ways. Each right dictates what the State is and is not allowed to do. Example - My right to life obliges the State to make laws that protect me from harm caused by others. This right requires the State to punish those who cause me harm or injury.
Rights not only tell the state what to do, they also tell it what it should not do. The right to individual liberty says that the state cannot arrest a person at will. If it wants to put someone behind bars, it has to justify this action, it has to explain the reason for curtailing the liberty of this person before a court. That is why it is necessary for the police to show me the arrest warrant before arresting me. Thus my rights also put some restrictions on the state.
In other words, our rights ensure that the power of the state works without violating the dignity of individual life and liberty. The state may be a sovereign power, the laws made by it can be enforced by force but the sovereign state does not exist for itself but for the benefit of the individual. In this, the people are more important and the ruling government has to work for their welfare.
Types of rights
Most democracies begin with a declaration of political rights.
Political rights give citizens the right to equality before the law and participation in the political process.
These include the rights to vote and elect representatives, contest elections, form or join political parties.
Political rights are linked to civil liberties. Civil liberties mean-
1. Right to a free and fair judicial investigation,
2. Right to free expression of views,
3. Right to protest and express disagreement.
The relationship between democracy and the basic needs of citizens
Basic Needs and Political Rights:
- Citizens can exercise their political rights effectively only when their basic needs such as food, clothing, housing, and health are met.
- For those who do not have these needs met, political rights become irrelevant.
Need for Economic Rights:
- Adequate wages, proper working conditions and other economic facilities are necessary to fulfill the basic needs.
- Democratic societies have acknowledged these responsibilities and have taken steps towards providing economic rights to citizens.
Practices in other countries:
- In some countries, facilities like housing and medical care are provided by the state to low-income citizens.
- Minimum allowance is given to unemployed persons so that they can fulfil their basic needs.
Efforts in India:
- To help the poor in India, the government has started schemes, the main one among which is the Rural Employment Guarantee Scheme.
- This scheme helps in fulfilling the basic needs of the people by providing employment in rural areas.
Scope and importance of rights in democratic systems
Recognition of Cultural Rights:
