Concept of Rights: Conventional Theories of Rights: one-liners notes

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• The Concept of rights is a dynamic concept. • Negative and Positive Right:  • Negative Rights: these rights suggest the sphere where the state is not permitted to enter. • Freedom of thought and expression implies that the state shall not impose any restriction on individual's thought and expression, it will be described as there negative rights. • Positive Rights: prescribe the responsibility of the state in securing rights of individuals. • The state shall provide universal education to promote its citizens' faculty of thoughts and expression, it will be described as their positive rights. • Conventional Theories of Rights:  • (a) Theory of natural rights • (b) Theory of moral rights • (c) Theory of legal rights  • (d) Historical theory of rights and  • (e) Social-welfare theory of rights • Theory of Natural Rights: • Theory of natural rights represents an early expression of the liberal perspective on rights.  • It was very popular in 17th and 19th centuries political thou

Concept of Human Rights : One-liners notes: 1



Human Rights: 

Philosophers such as Thomas Paine, John Stuart Mill and Hegel expanded on the theme of Universality during the 18th and 19th centuries. 

• In 1831 Willam Lloyd Garrison wrote in a newspaper called The Liberator that he has trying to enlist his readers in "the great cause of Human Rights" so the term human rights probably came into use sometime between Panie's The Rights of Man and Garrison publication.

• The ideal of rights provides for an essential tool of analysis of the relations between individual and the state. 

• Rights essentially belongs to the sphere of conflicting claims between individual and the state.

• Rights come into the picture only when authority of the state is sought to be limited, or when individuals and their groups demand a positive role of the state to secure better conditions of life. 

• If there are no rights of individuals to curb the authority of the government and to prescribe functions of the government, the assumes unbridled power. It may soon degenerate into absolutism authoritarianism, despotism and tyranny 

Glorification of the state, without an in-built mechanism to curb authority of the state, means complete subordination of individual to the rular or the rulling groups, thereby opening the floodgates of corruption oppression, exploitation, and injustice.

The concept of rights therefore, originates from the voice of protest against oppression perpetrated by the dominant groups in society.

Rights are meant to safeguard the individual from the responsible and arbitrary use of power by the ruling class.

 Robert M. MacIver, in his preface to "Great Expression of Human Rights, 1951.

All human being are equally valuable wheather are Black, White, Man, Women Asian, African every human being deserved human rights. 

These rights are based on natural rights theory, in this way human rights are global or universal rights.

International human rights regime to provide everyone these(civil, economic, social) human rights.

Universal Declaration of Human Rights 1948.

Adopted by UNG Assembly (United Nation General Assemble).

• Civil, Economic and Social rights asserting these rights are part of the 'foundation of freedom, justice and peace of the 'rights-duty duality'.

International Covenant on Civil and Political Rights 1966.

International Covenant on Economic, Social and Cultural Rights 1966.

International Bill of Rights

Eleanor Roosevelt as chair, who began to discuss an International Bill of Rights in 1947.

The Universal Declaration oh Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, together these three documents constitute, which is known as the Bill of Human Rights.

Convention on the Elimination of all forms of discrimination against women 1979.

Convention against torture, and other cruel,in human or degrading treatment and punishment 1984.


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