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Rights and duties are closely related to ethics. There are various types of human rights such as natural rights, legal rights, claim rights, liberty rights, positive rights, negative rights, individual rights, group rights, and universal rights. Rights have components including a right holder, substance of the right, ability to exercise the right, against whom it can be asserted or demanded, and justification. Fundamental human rights include the right to life, education, work, freedom, and property. Duties are moral commitments or obligations that one has to fulfill without considering self-interest. Duties can arise from being human, one's role in life, character, or own expectations. There are natural duties that bind all and acquired
Rights and duties are closely related to ethics. There are various types of human rights such as natural rights, legal rights, claim rights, liberty rights, positive rights, negative rights, individual rights, group rights, and universal rights. Rights have components including a right holder, substance of the right, ability to exercise the right, against whom it can be asserted or demanded, and justification. Fundamental human rights include the right to life, education, work, freedom, and property. Duties are moral commitments or obligations that one has to fulfill without considering self-interest. Duties can arise from being human, one's role in life, character, or own expectations. There are natural duties that bind all and acquired
Rights and duties are closely related to ethics. There are various types of human rights such as natural rights, legal rights, claim rights, liberty rights, positive rights, negative rights, individual rights, group rights, and universal rights. Rights have components including a right holder, substance of the right, ability to exercise the right, against whom it can be asserted or demanded, and justification. Fundamental human rights include the right to life, education, work, freedom, and property. Duties are moral commitments or obligations that one has to fulfill without considering self-interest. Duties can arise from being human, one's role in life, character, or own expectations. There are natural duties that bind all and acquired
Sukunath B A PGDYT 2017-18 (Evening) HUMAN RIGHTS • A right is an expectation about something you deserve or a way to act that is justified through a legal or moral foundation. • They are moral claims of individuals recognized by society. • They are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. HUMAN RIGHTS • Rights are fundamental to civilization- established pillars of society and culture. • The aim of a life is self-actualization for which individuals require freedom to think, speak and act in ways conducive to actualize their being. • Though rights are fundamental, human kind has undergone (is undergoing) several conflicts in ensuring them. TYPES OF RIGHTS • Natural Rights – Natural rights guarantees certain fundamental rights to enjoy freely by birth as human being. – natural rights are the Life, Liberty and Property that an individual possess and the way to live without any disturbance or interference by others. – These rights are inherited with the body of the individual as the gifts of God or nature by birth. Hence, they are inherent or inalienable rights. TYPES OF RIGHTS • Legal Rights/ Statutory rights – guaranteed to citizens of a country by law to enjoy certain freedoms without any fear or favour. – Relative to specific cultures and governments. – These rights are enumerated or codified into legal statutes by a legislative body. – These rights may differ from country to country depending upon the constitution and culture that they adopted. – legal rights impose an obligation on other people not to exceed the prescribed limits of law. TYPES OF RIGHTS • Claim rights and Liberty Rights – Liberty rights: to be exercised at free will by the holder of rights, without any obligation on another person in exercise of his/her right • E.g.: Laughing and practicing a religious act – Claim rights: rights that impose an obligation on a person to respect the right of the other person. – It means, a person can seek a legal remedy for the prevention of its violation by others. • E.g.: a person has liberty to speak freely as he likes, is a liberty right. But at the same time, if it affects the rights or hurts the reputation of another person, then it turns into a claim right. TYPES OF RIGHTS • Positive Rights and Negative Rights – Positive rights: a person/society is expected to discharge some service or to do good independently or to the society as a whole. • E.g.: These rights normally impose duty either on the state or on society or a group of individuals in satisfying the claims of owners of rights, (for example) Right to Education, Right to Health, Social Security etc. • In the Indian context these are described as the Directive Principles of State Policy under the Constitution of India. These rights are referred as Economic, Social and Cultural rights in the language of human rights. – Negative rights impose an obligation on others not to interfere with the liberty or independence of another holder of rights. • E.g.: a moral and legal obligation to refrain from causing injury to the exercise of the right of other person. • Right to freedom of speech and expression, right to life and liberty, right to equality, right to property, right to be heard right to speedy trial and justice, right to worship, freedom of religion, right to legal remedy etc. TYPES OF RIGHTS • Individual Rights/ Group Rights – Individual rights: rights that belong to an individual alone- political, economic, or legal in nature. – These rights can be exercisable by individuals to enjoy their life and liberty without any interference of anybody including the state. – individual rights have positive and negative elements. – Positive element obligates a person to discharge the right according to law. The negative element prohibits any act that is not permitted by law. – Group Rights: rights that are enjoyed by a group and as well as individually. – For example, the rights of disabled persons are considered as group rights. They promote the rights of the disabled as a group. At the same time, an individual disabled person also could claim the rights independently of the group. TYPES OF RIGHTS • Universal rights – rights that every individual would able to exercise their freedoms irrespective of their country of origin, residence freely without any interference by the state or any other person subject to legal limitations. – promote the dignity and the worth of an individual at all times. – Hence, they impose obligations on every state to protect and promote the dignity and the freedom of individuals without any discrimination as to race, sex, language, or religion. COMPONENTS OF RIGHT • a right may be defined as something that one possess to exercise either naturally, legally, or socially with a moral/legal duty to act without violating the right of others. • Accordingly, a right has five elements in it. – 1. A right holder ( which the subject of a right) has claim to – 2. Some substance of it ( the object of right) – 3. Which he or she may assert, demand, enjoy or enforce (exercising a right) – 4. Against some individual or group ( the bearer of the correlative duty) – 5. Citing in support of his or her claim on some particular ground (the justification of a right) • To exercise a right at least two persons are necessary and the claim that they want to exercise should have a legal basis to justify in the eyes of law. NATURE OF HUMAN RIGHTS • moral principles or norms- describe certain standards of human behaviour • regularly protected by law • Inalienable- a person is inherently entitled simply because she or he is a human being and are inherent in all human beings regardless of their nation, location, language, religion, ethnic origin or any other status. NATURE OF HUMAN RIGHTS • Universal- applicable everywhere and at every time • Egalitarian- in the sense of being the same for everyone. • They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others. • it is generally considered that they should not be taken away except as a result of due process based on specific circumstances; for example, human rights may include freedom from unlawful imprisonment, torture and execution. FUNDAMENTAL HUMAN RIGHTS • RIGHT TO LIFE- – basic right, without which all other rights are meaningless. – Aim of life is self-actualization, for which its continuance is essential – The right brings in moral obligation to respect ones own life and that of others. So, he who takes life of others may legitimately deprived of his own life FUNDAMENTAL HUMAN RIGHTS • RIGHT TO EDUCATION- – Education is fundamental as it is essential for self- development and self-expression; to unveil the latent potentialities in a human being to the fullest to make him a perfect human being – promotes individual freedom and empowerment, means to livelihood and yields important development benefits – Education is a fundamental human right and essential for the exercise of all other human rights. FUNDAMENTAL HUMAN RIGHTS • RIGHT TO WORK- – follows from right to life. – The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so. – Employment is essential for existence of a human being, as it is the source of his livelihood FUNDAMENTAL HUMAN RIGHTS • RIGHT TO FREEDOM- – No living being likes to be enslaved. So, freedom is the basic nature of a living being. Hence it is a basic right. – Self-development requires free exercise of one’s will- to think, speak and act not violating rights of others – No progress is possible in a society which is deprived of its basic freedoms. – But, freedom always refers to restricted freedom as unrestricted freedom is harmful. FUNDAMENTAL HUMAN RIGHTS • RIGHT TO PROPERTY – – It is the right of the individual to acquire and possess property individually or in association by lawful means • RIGHT TO CONTRACT- – right of private or public individuals and groups (of any legal entity) to form contracts without government restrictions – The right to contract brings the moral obligation to enter into a fair contract DUTIES • Duty is a term that conveys a sense of moral commitment or obligation to someone or something. • The moral commitment should result in action; it is not a matter of passive feeling or mere recognition. • When someone recognizes a duty, that person theoretically commits himself to its fulfilment without considering their own self-interest. DUTIES • Cicero, an early philosopher, in his work “On Duty", suggests that duties can come from four different sources: as result of being human as a result of one's particular place in life (one's family, one's country, one's job) as a result of one's character as a result of one's own moral expectations for oneself TYPES OF DUTIES 1. natural and acquired duties Natural duties bind all of us without any specification by any institution or body E.g: not to harm others, not to tell lies, not to misuse the freedoms, duty to respect others, not to injure the innocent, not to beat children, to uphold truth and justice, etc Acquired duties are duties undertaken by individuals by virtue of something they have done, or as a particular relationship, which they might have with others. E.g: parents discharging their duties towards their children, doctors to patients, and lawyers to their clients. These duties assumed by individuals to exercise automatically by accepting to act in a specific role. TYPES OF DUTIES 2. positive and negative duties positive duties require us to do good. negative duties impose restrictions on doing bad or refraining from acting. E.g.: Helping the poor may be a positive duty, which may not have any obligation. However, not to tell lies or not to harm others is a negative duty, which imposes an obligation. TYPES OF DUTIES 3. perfect and imperfect duties Perfect duties expect individuals to discharge the incurred obligations as per the goal that is set at all times without any deviation. i.e. Perfect duties expect us to be sincere at all times while discharging any duty. Imperfect duties have no rigidity. Imperfect duties are duties that are never completed in its true spirit. FUNDAMENTAL HUMAN DUTIES • RESPECT FOR LIFE- respecting own life and that of others; committing suicide and killing others are equally wrong. • RESPECT FOR FREEDOM- respecting other’s privacy, freedom to speech and expression; forbids slavery and exploitation • RESPECT FOR PROPERTY- not to appropriate other’s property or to misuse our own. • RESPECT FOR TRUTH- speaking truth, fulfilling contracts, keeping promises, integrity in thought, word and deed. FUNDAMENTAL HUMAN DUTIES • RESPECT FOR SOCIETY AND STATE- faith in rule of law; not to unnecessarily interfere with social institutions nor revolt against the state. • RESPECT FOR WORLD HARMONY AND PEACE- cultivate feelings of universal brotherhood. • CIVIC DUTIES- Paying Taxes, Casting Votes rightly, Contribute to the welfare of Society, respecting national symbols etc. FUNDAMENTAL HUMAN DUTIES • RESPECT THE RIGHTS OF OTHERS- acknowledging and treating others as human beings INTER RELATIONSHIP BETWEEN RIGHTS AND DUTIES • `Rights' and `duties' co-exist with each other. • They are two sides of the same coin, to regulate the values and behavioural patterns of an individual. • rights are important in developing the human • personality and behaviour. • The duties direct the individuals importance of their contribution for the promotion of social good INTER RELATIONSHIP BETWEEN RIGHTS AND DUTIES • According to Prof Harold J. Laski: – One's right implies the other's duty. • the right to freedom to move freely or privacy impose a duty on others not to interfere with the right of movement or privacy of any body, except regulated by law. – One's right implies one's duty to recognise similar rights of others. • one has freedom of speech and expression. However, at the same • time, everyone has to bear in mind that the exercise of free speech and expression in no way affects the rights of others or their life, liberty or dignity of others. INTER RELATIONSHIP BETWEEN RIGHTS AND DUTIES – One should exercise his rights for the promotion of social good. • if a person tries to abuse his right to freedom of speech and expression by indulging in spreading wrong aspects about a section of people or of a particular religion, the state can take legal action. – As the State guarantees and protects the rights of everybody, one has a duty to support the State. RELATION TO ETHICS • Ethics stands for the accomplishment of highest good for individual, society as well as mankind as a whole. • Understanding and executing properly one’s rights and duties are essential for leading a harmonious social life. • Rights and duties are ultimately based on same moral laws and relations. RELATION TO ETHICS • It is the moral obligation of every individual or group to acknowledge the rights of others. • If not, he has no right for any claim from the society. • An imbalance between rights and duties manifest as injustice. It will disturb prevalence harmony and peace in the society; upheavals. Ethical Balance
Nwanosike, Oba F. & Onije, Liverpool Eboh 2011 'Colonialism and Education' Proceedings of The International Conference On Teaching, Learning and Change, IATEL (Pp. 624 - 631)