POlitical Science-Chap 05- Human Rights & Duties

8/8/2019 POlitical Science-Chap 05- Human Rights & Duties

1/38

Human Rights &Duties


2/38

Meaning of Rights

The state ought to guarantee to individuals theenjoyment of a certain number of basic humanrights, which constitute the essential conditionsof the good life.

Rights are those conditions of social lifewithout which man cannot be at his bestor give his best, what is needful to theadequate development and expression of

his personality. Hence, rights are those opportunities, the

absence of which deprives man of somethingessential.


3/38

Meaning of Rights Contd.

AA manman withoutwithout rights,rights, absolutelyabsolutely dependentdependent ononthethe dailydaily capricecaprice ofof aa superiorsuperior authority,authority, isis aaslaveslave..

StateState isis knownknown byby thethe rightsrights thatthat itit maintainsmaintains..

-- LaskiLaski

Those conditions of social life without which noman can seek, in general, to be himself at hisbest.

- Laski


4/38

Meaning of Rights Contd.

A right thus understood is an essential conditionof the individuals self-development as it is also acondition of social welfare.

Rights are reasonable claim to freedom in theexercise of certain activities.

- Wilde


5/38

Features of Human Rights

Rights arise in the society. They are the result of the social nature of

man. Without society there can be no rights.

E.g.: Robinson Crusoe had no rights in hislonely island

It is only in society that man recognizes thefreedom of others while exercising his own

freedom. This is the basis of rights.


6/38


Contd Every right has a corresponding obligation.

My right is your duty and your right is my duty.

Rights & duties are two sides of a coin; they

are correlative and can never be separated.E.g.: If I have a right to work and earn myliving, it is my duty to recognizes thesame right in others and allow them their

right to work and earn their living. I can enjoy my rights only ifI respect the rights

of others.


7/38


Contd Rights are socially recognized.

Rights aim at the good of all and it has asocial & moral end to serve.

When I declare my rights, I do a public duty,because I guarantee to others what I claimfor myself.


8/38


Contd The State does not create rights.

It simply maintains and coordinates thoserights which are socially recognized.

By giving such rights a legal sanction, thestate ensures to every one the enjoyment ofhis right, as rights have an equal basis.


9/38


Contd.. Rights must be definite and precise.

Hence, it is necessary to define rights.

Rights do not remain rights when everyindividual has his own separate claims.

Rights have a tendency to grow.

Rights must be consistent with the needs ofman.

Needs of man always change and expand andso do rights.


10/38

Classification of Rights

Rights

Natural Rights Legal Rights Moral Rights

FundamentalRights

PoliticalRights

SocialRights


11/38


Contd Natural Rights The natural rights aim to emphasis the certain

rights are so essential to any real personal lifethat they should be called as natural.

Hence, natural rights are based upon theuniversal law, the law of nature, and arecommon to all people in all countries.

All men are born with certain rights and these

rights are inalienable. Many political thinkers regard the natural rights

as rights given to man by God. But modernpolitical thinkers do not support this view.


12/38


Contd Moral Rights A moral right is based on the ethical feelings of

man. i.e. What we think ought be our rights.

A moral right is not supported by the law ofthe state. It is sanctioned by the moral opinion of the

community.


13/38


Contd Legal Rights

The rights which are granted to man by lawand are protected by law.

A legal right is recognized and maintained bythe laws of the state and is enforceable by acitizen in the court of law both against thegovernment and other citizens.

Simply legal rights are, what, in fact, are ourrights.

These rights are distinguishable from moralrights.


14/38


Contd Legal rights are uniform and open to all,

irrespective of their caste, creed or color.

Legal rights are divided into,

1. Civil / Social Rights

2. Political Rights

3. Fundamental Rights


15/38


Contd Civil / Social Rights Civil rights provide for the fulfillment of the

primary conditions of social life, i.e. rightswhich relate to the protection andenjoyment of life and property byindividuals.

Without them civilized life is not possible andthey are regarded as essential to the free and

progressive life of man. The enjoyment of civil rights is

universally guaranteed, becauseopportunities to all alike is the principledetermining civil rights.


16/38


Contd Civil rights include,

Right to life

Freedom from arbitrary arrest

Freedom to acquire & hold property

Right to liberty & free movement

Freedom to speak and write for publication

Freedom to meet publicly

Freedom to form associations for peaceful ends Freedom to make contracts

Right to religion

Right to education

Right to work


17/38


Contd A well organized State must protect the civil

rights of its people against violations by both theindividuals or associations of individuals, and by

the State itself.


18/38


Contd Political Rights

Political rights are enjoyed by a person inhis/her capacity as a citizen and thoserights entitle him in the legal expression andadministration of the sovereign power ofthe State.

Political Rights are means by which an adultcitizen is entitled, by the Constitution and lawsof the State, to participate in the affairs of thegovernment of his country.


19/38


Contd Political Rights consist in,

Right to vote & elect

Right to be elected

Right to hold public offices Right to petition

Right to criticize the government

It is only in democratic state these rights arefully protected.


20/38


Contd Certain rights fall into both civil & political rights

categories.

E.g.: Freedom of speech and assembly are

often regarded as being at once civil andpolitical rights.

Both civil and political rights aim to provide equalopportunities to all and hence the distinction

between two becomes hazy. However, in certain eras civil rights have existed

and can exist even in those countries wherepolitical rights have been denied to the people.


21/38


Contd Where direct democracy is operative, all the

people enjoying political rights themselvesparticipate in proposing laws, in appointing

officers of the government and ratifying theirpolicies and actions.

Each State decides what persons shall possesspolitical rights and the extent of such rights.

Non- citizens are everywhere excluded fromexercise of political rights.

Similarly, all states exclude minors, criminals andlunatics from the right to vote.

Some States deny it to women.


22/38


Contd The age of the adults enjoying political rights

also varies from state to state.

Thus, the right to participate in political affairs

should be given only to those citizens whopossess the required mental and moralqualifications.

In other words political rights must be exercisedwisely, discreetfully and in a devoted service tothe society and the State.


23/38


Contd Fundamental Rights There are certain basic rights which the

civilized communities guarantee in normaltimes, because they are deemed tofundamental to the existence and growth ofman, together with him of society.

Without them life is meaningless. The tendency in a democratic State is to

incorporate such basic rights in itsConstitution so as to ensure their fullenjoyment by all citizens withoutdiscrimination of any kind.


24/38


Contd The inclusion of fundamental rights in the

Constitution is a declaration of the fact thatcertain elementary rights of theindividuals are inviolable under all

conditions and the shifting majorities in thelegislature of the country should not beable to interfere with them.

If they meddle, can be sought the help ofCourts of law.

The Constitution of Sri Lanka ensures herpeoples fundamental rights & Sri Lankans enjoy

the right to liberty, equality, freedom of religion


25/38

Confirmation of the Human

Rights in the World Revolutions & Struggles

E.g.: Magnarcarta Act of 1215, againstthe ruling system of king John of Britain,

French revolution in 1789, IndependenceStruggle of America, Revolution of Russia in1917

After the French Revolution in 1789, French had

created a statement about rights. In the Declaration ofAmerican Independence of

1776 too, there were references about rights.


26/38


Rights in the World Contd. In 1941, by the Declaration of Atlantic the

rights such as freedom to speak, religiousfreedom and freedom to live without fear were

published. Fundamental Rights were introduced in Sri

Lanka through the First RepublicanConstitution in 1972 under Chapter VI.

These Fundamental rights were widenedthrough the second Republican Constitutionin 1978 under Chapter III.


27/38


Rights in the World Contd. The people in different countries enjoy different

human rights.

However, today people have a common

understanding on Human Rights because of theUniversal Declaration of FundamentalHuman Rights introduced by UNO.


28/38

Duties

A duty is an obligation. A man is said to have a duty in any matter when

he is under an obligation to do or not dosomething.

It is something we owe to others as socialbeings.

My right of living involves my duty to my fellow-men to allow them the same condition of life.

They are two sides of the same coin. If one looks at them from ones own point, they

are rights.

If one looks at them from the standpoint of

others, they are duties.


29/38

Duties Contd.

Hence, without duties there can be no rights.

If society provides an individual withopportunities to feel happy and prosperous, it

also imposes an obligation upon him that heshould allow others the same opportunities ofhappiness and prosperity.

Do unto others as you wish to be done by.

I can enjoy my rights only if I respect therights of others.


30/38

Duties Contd.

Duties

MoralDuties

LegalDuties

FundamentalDuties


31/38

Duties Contd.

Moral Duties A moral duty is that which is enjoyed upon

the people on moral grounds.

A moral duty is not supported by the laws ofthe state.

Its sanction is the moral opinion of thecommunity.

If there is a breach of moral duty there isnothing legally to punish wrongdoer, though itmay involve social condemnation.


32/38


33/38

Duties Contd.

Legal Duties

Those duties which are enjoyed on citizens bythe laws of the State and are enforceable incourts.

Failure to perform legal duties is punishable.

E.g.: It is my duty to obey the laws of

the State, if I do not, I can be punishedaccordingly.


34/38

Duties Contd.

Fundamental Duties In countries with popular governments

(Democracy) the emphasis is on the duties of a

citizen and not merely on his rights. Such duties the citizen owes not only to the

State, but also to his family, neighbors, fellow-citizens and to society at large.

The success of democracy will, in practice, bedetermined by the extent to which citizensprepared to perform carefully the dutiesrequired of them.


35/38

Duties Contd.

Fundamental Duties had been inserted in theConstitution of USSR for the first time in theworld in 1936.

After that China and communist countries ofEastern Europe followed the same.

India amended her Constitution in December1976 to incorporate a separate chapter (IV A)containing Fundamental Duties. These dutiesinclude,


36/38

Duties Contd.

- To promote harmony and peace amongst allpeople of India in spite of religious, linguistic andregional or sectional differences.

-To protect and improve the natural environment.

-To value and preserve the rich heritage of mixedculture.

-To reject practices insulting to the dignity of

women.


37/38

Questions???


38/38

Thank You!

Date post:	09-Apr-2018
Category:	Documents
Upload:	venkatraman-subramaniyam
View:	215 times
Download:	0 times

POlitical Science-Chap 05- Human Rights & Duties

Documents