Introduction to Human Rights

Август 11, 2022

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Introduction to Human Rights

Содержание

2. Legal rights in a relationship between two or more persons, e.g. A & B Always identify
3. Claim-rights A & B are two parties of a relationship B undertakes to pay sum of
4. Liberty-rights A is free to dress as he pleases This does not bind B & C
5. Powers Right to vote in elections. A is legally ‘empowered’ to cast her vote during elections.
6. Immunities A is immune from B’s powers Right to liberty & security? Freedom from torture Freedom
7. Right to property Claim-right that others refrain from harming or using your property Power to make
8. Are there limits to rights? Are there absolute rights? How one should determine the legitimate limits?
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Legal rights in a relationship between two or more persons, e.g.

A & B
Always identify the other party to the relationship!
The other party to the relationship will usually have certain duties
Rights are real when duties and duty-holders in relation to rights are clear
Rights are enjoyed when there are effective remedies to enforce duties

Introduction to ‘Rights’

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Claim-rights
A & B are two parties of a relationship
B undertakes

to pay sum of money to A
A has a right to claim money and B has a duty to pay money
B’s duty correlates with A’s right
Rights of recipience
‘Right’ in a narrow sense

Defining Rights: Claim Rights

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Liberty-rights
A is free to dress as he pleases
This does not bind

B & C with duties in the sense of ‘claim-rights’
B & C do not have to ‘provide’ something to A upon his claim
Absence of duty
B & C have no claim rights in regard to A’s dressing
Indefinite number of liberties (absence of ban)
Active ‘rights’ (claim-rights passive)

Defining Rights: Liberties

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Powers
Right to vote in elections.
A is legally ‘empowered’ to cast

her vote during elections.
B’s not enfranchised, therefore is not legally empowered to vote
A holds a power, B does not

Defining Rights: Powers

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Immunities
A is immune from B’s powers
Right to liberty & security?

Freedom from torture
Freedom from slavery
A right may be asserted in one, several or all of the four forms

Defining Rights: Immunities

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Right to property
Claim-right that others refrain from harming or using your

property
Power to make will or sell property
Liberty to dispose of the property as one please
Immunity from powers of other to use your property without consent
Right to equality
Claim
Immunity?
Right to a fair trial
Claim
Right to marry
Liberty
Power

Claim, Liberty, Power or Immunity?

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