Chapter 5 Rights

In our daily lives, we frequently refer to 'rights'. As citizens of a democratic nation, we often speak of political rights like the right to vote, the right to form political parties, or the right to contest elections. However, beyond these well-established civil and political rights, new demands for rights are constantly emerging today, such as the right to information, the right to clean air, or the right to safe drinking water.

Claims for rights extend beyond the political and public spheres, encompassing our social and personal relationships as well. Furthermore, rights are not exclusively claimed for adult human beings; they are also increasingly asserted for children, unborn fetuses, and even animals. The concept of rights is therefore invoked in a wide variety of ways by different people in different contexts. This chapter aims to explore what we mean by rights, the basis upon which they are claimed, their purpose, and why they are considered so important.

What Are Rights?

A right is fundamentally an entitlement or a justified claim. It signifies what we are legitimately due as individuals, as citizens, and as human beings. A right is something that we consider rightfully ours, a claim that the rest of society is expected to recognize and uphold as legitimate.

However, not every personal want or desire can be considered a right. For example, wanting to wear casual clothes to school instead of a uniform or wanting to stay out late at night doesn't automatically grant one the right to disregard school rules or curfews. There is a distinction between personal desires and what qualifies as a right.

Rights are primarily those claims that individuals and society collectively deem essential for leading a life of respect and dignity. One of the main justifications for claiming rights is that they represent the basic conditions necessary for self-respect and dignity. For instance, the right to a livelihood is considered necessary for a dignified life, as being gainfully employed provides economic independence and supports dignity. The right to express ourselves freely is crucial for creative development (in writing, art, music, etc.) and is vital for democratic government by allowing free expression of beliefs and opinions.

Rights like the right to livelihood and freedom of expression are seen as fundamental and important for all human beings living in society, often described as having a universal nature.

Another basis for claiming rights is that they are necessary for our well-being and for developing our talents and skills. The right to education, for example, is considered a universal right because it fosters reasoning abilities, provides useful skills, and enables individuals to make informed choices in life.

Conversely, activities or substances that are injurious to our health and well-being, or that harm others, cannot legitimately be claimed as rights. For instance, since prohibited drugs are harmful to health and affect relationships, one cannot claim a right to use them. Smoking, which can harm the smoker and others nearby, also falls into this category. Actions that endanger oneself or others are not considered justified claims or rights.

Where Do Rights Come From?

Throughout history, different justifications have been offered for the origin of rights.

In the 17th and 18th centuries, political theorists often argued that rights were bestowed upon individuals by nature or God. These were seen as natural rights, inherent to human beings by virtue of their existence, derived from natural law. This perspective implied that rights were not granted by rulers or societies but were possessed from birth, making them inalienable – they could not be taken away. Three fundamental natural rights were commonly identified: the right to life, liberty, and property. Other rights were seen as stemming from these basic ones. The idea that certain rights are inherent and inalienable is powerful, as it implies limits on the arbitrary power of states and governments and serves to protect individual freedom.

In more recent times, the term human rights is increasingly used instead of natural rights. This shift reflects a move away from the idea of a predetermined natural law or divine decree as the source of rights. Instead, rights are seen as guarantees that human beings collectively seek, agree upon, or assert to ensure a minimally good life and protect their inherent dignity. The core assumption behind human rights is that all persons are entitled to certain things simply because they are human beings. Each person is considered unique, equally valuable, and possessing intrinsic worth. This understanding implies that all individuals are equal and none are inherently meant to serve others. It suggests that everyone must have equal opportunities to be free and realize their full potential.

This concept of a free and equal self is a basis for challenging existing inequalities based on various social categories (race, caste, religion, gender).

The Universal Declaration of Human Rights (UDHR), adopted by the UN, is a key document building upon this understanding. It attempts to codify and recognize those claims that the international community collectively views as essential for human dignity and self-respect.

The notion of universal human rights has empowered oppressed people globally to challenge discriminatory laws and practices. Struggles against slavery, segregation, and denial of equal opportunities have utilized this concept. While some struggles have achieved significant success (e.g., abolition of slavery), others are ongoing, with communities continuing to assert their full inclusion within the definition of humanity and claim their rights.

The list of rights claimed has expanded over time as societies face new challenges. Growing awareness of environmental threats has led to demands for rights to clean air, water, and sustainable development. Increased vulnerability during conflicts or crises has generated demands for rights to livelihood, children's rights, etc. These claims arise from a moral sense of outrage when human dignity is infringed and serve as a call to action to extend rights to all.

An image depicting the Universal Declaration of Human Rights document, representing the international recognition of fundamental human rights.

Kant On Human Dignity

Immanuel Kant (18th century German philosopher) deeply explored the concept of human dignity as the basis for rights. He argued that while things (objects) have a 'price' (meaning they can be replaced by something equivalent), human beings possess 'dignity'. Dignity means a value that is above all price and has no equivalent. For Kant, every person has inherent dignity and must be treated as such, regardless of their circumstances (uneducated, poor, powerful) or even their moral character (dishonest, immoral). They deserve minimum dignity simply by virtue of being human.

Kant saw treating people with dignity as equivalent to treating them morally. His conception of rights is a moral one, based on two key arguments:

1. We should treat others as we ourselves would wish to be treated (the principle of reciprocity).
2. We should never treat another person merely as a means to our own ends. We should respect them as valuable in themselves, not because they are useful to us (like a tool).

This idea of inherent human worth and the duty to respect dignity became a rallying point for movements seeking social equality and human rights.

Legal Rights And The State

While claims for human rights have moral appeal, their effectiveness and enforcement depend significantly on their recognition by governments and the law. This highlights the importance of legal rights – claims that are recognized and enforced by the state. Many countries include a Bill of Rights or Fundamental Rights in their constitutions, which are considered the highest law of the land. Constitutional recognition gives these rights primary importance, and other laws and policies are expected to uphold them.

The specific rights included in a constitution reflect what is considered fundamentally important in that society. Some may be universally accepted rights, while others may be shaped by the particular history and customs of the country (e.g., the provision in the Indian Constitution banning untouchability, reflecting a traditional social practice).

Some theorists define rights solely as claims recognized by the state. While legal endorsement provides a special status, it's important to remember that the basis for claiming rights often precedes legal recognition, stemming from moral claims about human dignity or the needs for well-being. Rights have historically been claimed and struggled for even when not legally recognized, leading to their steady expansion and reinterpretation over time to include previously excluded groups and reflect evolving understandings of a life of dignity.

In most cases, claimed rights are directed towards the state, placing obligations upon it. When an individual asserts a right (e.g., right to education), they are demanding that the state make necessary provisions (e.g., building schools, funding education). While society and non-governmental groups may also contribute (e.g., opening schools, offering scholarships), the primary responsibility for ensuring fundamental rights rests with the state.

Rights place both positive and negative obligations on the state:

• Positive Obligations: What the state *must do*. For instance, the right to life may oblige the state to enact laws protecting citizens from harm and punishing offenders. If interpreted as a right to a good quality of life, it could oblige the state to pursue policies for clean environment, healthcare, etc.
• Negative Obligations: What the state *must refrain from doing*. For example, the right to liberty means the state cannot arbitrarily arrest someone. If it wishes to detain a person, it must follow legal procedures, provide reasons, and bring the individual before a judicial court (e.g., requiring an arrest warrant).

Our rights thus constrain the authority of the state, ensuring that its power is exercised without violating the sanctity of individual life and liberty. The state's sovereignty exists for the well-being of its members, and rulers are accountable, with law serving to ensure the good of the people.

Kinds Of Rights

Democracies typically establish a charter of basic rights. These rights can be categorized into different types:

• Political Rights: Grant citizens the right to participate in the political process and ensure equality before the law. Examples include the right to vote, contest elections, form/join political parties, and participate in political associations. Political rights are foundational for a democratic system.
• Civil Liberties: Supplement political rights by protecting individual freedoms necessary for a democratic society. These include rights such as the right to a free and fair trial, freedom of expression (including protest and dissent), freedom of assembly, and freedom of association. Civil liberties and political rights together form the basis of democratic governance, making the government accountable and giving individuals a voice.

While political participation rights are essential, they are most effectively exercised when basic needs are met. For individuals lacking basic necessities (food, shelter, health), political rights may have limited practical value. This leads to the recognition of further rights:

• Economic Rights: Address basic material needs and conditions necessary for a decent life and effective participation. These include rights such as the right to an adequate wage, reasonable working conditions, and possibly access to housing and healthcare. Some countries provide housing/medical aid or minimum unemployment benefits. In India, schemes like the rural employment guarantee aim to provide basic economic security to the poor. These rights are considered necessary for enabling individuals to fully exercise their political and civil rights and pursue a life of well-being.
• Cultural Rights: Protect aspects related to language, culture, and identity. These include the right to primary education in one's mother tongue and the right to establish institutions to teach one's language and culture. These are seen as necessary for leading a good life that respects cultural identity.

The list of recognized rights in democracies has expanded over time. While some rights like life, liberty, equal treatment, and political participation are considered basic and receive priority, other conditions essential for a decent life are increasingly recognized as justified claims and rights. This reflects an evolving understanding of what constitutes a life of dignity and well-being in modern society.

The debate over cultural rights, such as the right to practice one's culture freely, sometimes raises questions about potential conflicts (e.g., Does the right to cultural expression mean others cannot critique or depict aspects of a culture?). These are complex issues that require careful balancing of competing rights and values.

The question of whether rights granted to specific groups or communities (e.g., religious groups running their own schools, restrictions on buying property based on residency, school rules on dress, community decisions on marriage) are justifiable is complex and needs to be assessed based on principles of equality, non-discrimination, and the harm principle. Are these restrictions or special provisions aimed at protecting identity or well-being, or do they violate fundamental rights of individuals or other groups?

Rights And Responsibilities

Rights do not only place obligations on the state; they also imply responsibilities for individuals. Having rights comes with certain duties towards others and towards the community. One significant responsibility is to recognize that certain things are good for society as a whole ('common-good') and to contribute to their protection.

• Responsibility for Common-Good: Our rights compel us to consider not just personal interests but also the well-being of all. Protecting shared resources and systems (e.g., defending the ozone layer, minimizing pollution, conserving forests and ecological balance) is essential for everyone's health and for future generations' right to a safe environment.
• Responsibility to Respect Others' Rights: Recognizing one's own rights requires acknowledging and respecting the same rights for others. If I claim the right to express my views, I must grant the same right to others. If I want freedom from interference in my personal choices, I must refrain from interfering in others' choices. Exercising my rights should not infringe upon or violate the rights of others. My rights are inherently limited by the principle of equal rights for all ('One man's rights end where the other man's nose begins'). Using free speech to incite violence or harm others is not a legitimate exercise of the right.
• Responsibility to Balance Conflicting Rights: Situations may arise where different rights appear to conflict (e.g., right to freedom of expression/photography versus right to privacy). In such cases, we must balance competing claims, recognizing the limits of each right and finding ways to respect multiple rights simultaneously. Taking photos of someone without consent in a private space and publishing them violates their right to privacy, even if one claims freedom of expression.
• Responsibility to be Vigilant: Citizens have a responsibility to be vigilant about potential limitations placed on their rights, especially by the state, even when justified by concerns like national security. While protecting national security is important for safeguarding citizens' rights, the measures taken must be proportionate and not excessively curtail civil liberties. Questions arise about arresting people based on mere suspicion, intercepting communications, or using torture – these measures can become threats to the very rights they are supposed to protect. Even individuals suspected of crimes should have legal protections (right to counsel, appearance before court). Citizens must question whether restrictions are truly necessary and not misused, as extensive powers can lead to authoritarianism and undermine the state's purpose (well-being of people).

While rights are never absolute, vigilance in protecting one's own rights and the rights of others is crucial for maintaining a democratic society.

In summary, freedom is the absence of external constraints and the capacity to make choices and take responsibility. Rights are justified claims necessary for a life of dignity and well-being, placing obligations on the state and individuals to uphold them and respect the same rights for others.

The Universal Declaration of Human Rights (UDHR), proclaimed by the UN General Assembly on December 10, 1948, is a landmark document. Its preamble emphasizes that recognizing the inherent dignity and equal, inalienable rights of all is the foundation of freedom, justice, and peace. It highlights that disrespect for human rights leads to barbaric acts and that human rights must be protected by the rule of law to prevent rebellion against tyranny. The UDHR proclaims itself as a common standard for all peoples and nations, urging education and progressive measures to secure universal respect and observance of these rights and freedoms. It is based on the belief in fundamental human rights, the dignity and worth of the human person, and the equal rights of men and women.

Exercises

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