Rights

Class 11 Political Science

As members of a democratic country we may speak of such rights as the right to vote, the right to form political parties, the right to contest elections and so on. But apart from the generally accepted political and civil rights, people today are also making new demands for rights such as the right to information, right to clean air or the right to safe drinking water.

Rights are claimed not only in relation to our political and public lives but also in relation to our social and personal relationships. Moreover, rights may be claimed not only for adult human beings but also for children, unborn foetuses, and even animals. The notion of rights is thus invoked in a variety of different ways by different people.

What are Rights?

A right is essentially an entitlement or a justified claim. It denotes what we are entitled to as citizens, as individuals and as human beings. It is something that we consider to be due to us; something that the rest of society must recognise as being a legitimate claim that must be upheld.

Rights are primarily those claims that I along with others regard to be necessary for leading a life of respect and dignity. In fact, one of the grounds on which rights have been claimed is that they represent conditions that we collectively see as a source of self- respect and dignity. Rights such as the right to a livelihood, or freedom of expression, would be important for all human beings who live in society and they are described as universal in nature.

Another ground on which rights have been claimed is that they are necessary for our well-being. They help individuals to develop their talents and skills. A right like the right to education, for instance, helps to develop our capacity to reason, gives us useful skills and enables us to make informed choices in life.

Where Do Rights Come From?

In the seventeenth and eighteenth centuries, political theorists argued that rights are given to us by nature or God. The rights of men were derived from natural law. This meant that rights were not conferred by a ruler or a society, rather we are born with them. As such these rights are inalienable and no one can take these away from us. They identified three natural rights of man: the right to life, liberty and property. All other rights were said to be derived from these basic rights.

In recent years, the term human rights is being used more than the term natural rights. This is because the idea of there being a natural law, or a set of norms that are laid down for us by nature, or God, appears unacceptable today. Rights are increasingly seen as guarantees that human beings themselves seek or arrive at in order to lead a minimally good life.

The assumption behind human rights is that all persons are entitled to certain things simply because they are human beings. As a human being each person is unique and equally valuable. This means that all persons are equal and no one is born to serve others.

Each of us possesses an intrinsic value, hence we must have equal opportunities to be free and realise our full potential. This conception of a free and equal self is increasingly being used to challenge existing inequalities based on race, caste, religion and gender. Today, the UN Universal Declaration of Human Rights builds upon this understanding of rights and it attempts to recognise those claims that the world community collectively sees as being important for leading a life of dignity and self-respect.

Legal Rights and the State

While claims for human rights appeal to our moral self, the degree of success of such appeals depends on a number of factors, most important of which is the support of governments and the law. This is why so much importance is placed on the legal recognition of rights.

A Bill of Rights is enshrined in the constitutions of many countries. Constitutions represent the highest law of the land and so constitutional recognition of certain rights gives them a primary importance. In our country we call them Fundamental Rights. Other laws and policies are supposed to respect the rights granted in the Constitution.

Kinds of Rights

Most democracies today begin by drawing up a charter of political rights. Political rights give to the citizens the right to equality before law and the right to participate in the political process. They include such rights as the right to vote and elect representatives, the right to contest elections, the right to form political parties or join them. Political rights are supplemented by civil liberties.

However, our rights of political participation can only be exercised fully when our basic needs, of food, shelter, clothing, health, are met. For a person living on the pavements and struggling to meet these basic needs, political rights by themselves have little value. They require certain facilities like an adequate wage to meet their basic needs and reasonable conditions of work. Hence democratic societies are beginning to recognise these obligations and providing economic rights.

Today, in addition to political and economic rights more and more democracies are recognising the cultural claims of their citizens. The right to have primary education in one’s mother tongue, the right to establish institutions for teaching one’s language and culture, are today recognised as being necessary for leading a good life.

Rights and Responsibilities

Rights not only place obligations upon the state to act in a certain way - for instance, to ensure sustainable development - but they also place obligations upon each of us. Firstly, they compel us to think not just of our own personal needs and interests but to defend some things as being good for all of us. Protecting the ozone layer, minimising air and water pollution, maintaining the green cover by planting new trees and preventing cutting down of forests, maintaining the ecological balance, are things that are essential for all of us.

Secondly, they require that I respect the rights of others. If I say that I must be given the right to express my views I must also grant the same right to others.

Thirdly, we must balance our rights when they come into conflict. For instance, my right to freedom of expression allows me to take pictures; however, if I take pictures of a person bathing in his house without his consent and post them on the internet, that would be a violation of his right to privacy.

Fourthly, citizens must be vigilant about limitations which may be placed on their rights. A currently debated topic concerns the increased restrictions which many governments are imposing on the civil liberties of citizens on the grounds of national security.