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RIGHTS
WHAT,WHY AND HOW
PRESIDENCY UNIVERSITY
KOLKATA
2019-20
PRESENTATION
Introduction
• In everyday life we often talk of our rights such as the right to vote, the right to
form political parties, the right to contest election 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.
• The rights are essential for development of human personality and for human
happiness. Rights are necessary conditions for the personal, social, economical,
political, mental and moral development of individuals.
• Rights are legal, social, or ethical principles of freedom or entitlement; that is,
rights 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.
Political theory, NCERT Book , class-11 , chapter-5 , page- 67,68,69.
• It claimed not only in relation to our political and public lives but also in relation
to our social and personal relationships.
• Rights provides for an essential tool of analysis of the relations between the
individual and the state. In other words, when the state is regarded as a means,
and the individual as the end, the state cannot be armed with absolute authority
over the individual. If state claims authority, the individual must claim rights, the
individual obeys its command because the state serves his interests and rights
come only into role when the state authority is limited.
• More recently, issues about rights of women and disadvantaged minorities have
been a matter of debate. With increasing medical advancements, we are now
discussing whether persons have a right to die, i.e. euthanasia; gay and lesbian
rights ,LGBTQ and gender rights etc. Human rights have become a major
concern in recent times. Thus, discourse about rights has become persuasive in
our society.
An introduction to political theory by O.P.Gauba, chapter-13, page-169
• Laski: defend rights as “those conditions of social life without which he cannot
seek, in general, to be himself at his best and every state is known by the right if
maintained”.
• T.H.Green : “right is a power claimed and recognised as contributory to common
good”.
• Dr.beniprasad: “right are nothing more and nothing less than those social
condition which are necessary or favourable to the development of personality”.
• Immanuel Kant; Moral conception of rights. This position rest upon the two
arguments ;
a. First, we should be treating others as we would like to be treated ourselves.
b. Second, we should make sure that we don’t treat the other person as means to
our ends. That is, we should respect people not because they are useful to us but
because they are, after all, human beings.
An introduction to political theory by O.P.Gauba, chapter-13, page-174,175
 Political theory, NCERT Book , class-11 , chapter-5 , page- 70
• Rights are primarily those claims that I along with others regard to be
necessary for leading a life of respect and dignity.
Political theory, NCERT Book , class-11 , chapter-5 , page-68.
DIFFERENT FIELDS OF
These rights are rights that
impose obligations on other
people or the state to do
something for a fuller
enjoyment of our rights. For
e.g.
the right to health, basic
subsistence,etc. Requires
positive interference to do
something.
These rights are rights that
entail non-interference from
the society at large.This right is
one that forbids an action.
For e.g.,. The right to life,
liberty, property and the bill
of rights etc.
RIGHTS
Political theory: An introduction by Rajeev bhargava and Ashok acharya , chapter- 6 , page-90
MORAL RIGHTS
 Moral rights are related to the individual sense of conviction. They depend
on the ethical standards of the community. However , moral rights cannot
be enforced by the state.
 They are sanction by the society and backed by public, opinion. Violation of
moral right does not entail legal punishment.
 Moral rights are based on our morality, justice, or conscience and they are
not guaranteed by any legal authority.
 Moral rights are largely based on religious belief and the moral conceptions
of the people in any society. Therefore, they differ from society to society.
They arise out of man’s moral sense.
 The moral basis of rights postulate the equal treatment of all citizens in the
matter of securing their rights.
 The moral authority of the state as its claim to allegiance, is based on its
devotion to common good and its recognition of the claims of personality.
An introduction to political theory by O.P.Gauba, chapter-13, page-175,176.
LEGAL
RIGHT
S Legal rights are those rights which are secured by the state and guaranteed
through its laws.
 These rights may be defined as the claims recognized by the state and are
enforced by the state through its police and courts. It is embodied in the
constitution.
 Thus , no rights are absolute, nor are any rights inherent in the nature of man as
such. Rights are relative to the law of the land; hence they vary with time and
space. Rights have no substance until they are guaranteed by the state. This
implies,
• There are no rights prior to the state, because they come into existence with the
state itself;
• It is the state which declares the law and thereby guarantees and enforces rights-
no rights can exist beyond the legal framework provided by the state and
• As the law change from time to time, the substance of rights also changes
therewith- there can be no ‘fixed’ rights in any society, not to speak of eternal or
universal rights.
Political theory: An introduction by Rajeev bhargava and Ashok acharya , chapter- 6 , page-92.
 A bill of rights is enshrined in the constitution 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 have
Fundamental Rights. Other laws and policies are supposed to respect the rights
granted in the constitution.
Political theory, NCERT Book , class-11 , chapter-5 , page-71.
Human rights refers to the concept of human beings as having
universal natural rights, or status, regardless of legal jurisdiction or
other localizing, such as ethnicity, nationality, and sex.
Internet source: https//www.slideshare.net/mobile/ellaboi/human-rights-presentation-28833886
• World war 2: Nazi atrocities against
specific groups of people.
• United nation was formed in 24 Oct.
1945 to maintain peace and to promote
human rights.
Internet source: https//www.slideshare.net/mobile/ellaboi/human-rights-presentation-28833886
• Then after that on 10 December 1948, the general
assembly of the united nation adopted and
proclaimed the universal declaration of human
rights.
Political theory, NCERT Book , class-11 , chapter-5 , page-77.
HUMAN RIGHTS
 Are set of standard that guarantee a life befitting a
rational human being.
 Are basic and minimum standards without which
people can’t live in dignity.
 Guarantees the development and wholeness of our
being.
 Are the “foundation of freedom, justice, and peace in
the world.”
Internet source: https//www.slideshare.net/mobile/ellaboi/human-rights-presentation-28833886
THERE ARE FOUR CHARACTERISTICS OF
HUMAN RIGHTS
INHERENT-essential part
or our lives (intrinsic).
UNIVERSAL- it belongs to
all humanity.
INDIVISIBLE-human rights
must be enjoyed by everyone,
it cannot be treated in
isolation.
INALIENABLE- can’t be taken
away or transferred.
HUMAN
RIGHTS
Internet source: https//www.slideshare.net/mobile/ellaboi/human-rights-presentation-28833886
Three generation of human rights
First generation
human rights
Second generation
human rights
Third generation
human rights
• This division of human rights into three generations was introduced in 1979 by
Czech jurist Karel Vasak. The three categories align with the three tenets of the
French Revolution: liberty, equality, and fraternity.
• FIRST-GENERATION, -“civil-political” rights deal with liberty and participation in
political life. They are strongly individualistic and negatively constructed to protect
the individual from the state. These rights draw from those articulates in the United
States Bill of Rights and the Declaration of the Rights of Man and Citizen in the 18th
century. Civil-political rights have been legitimated and given status in international
law by Articles 3 to 21 of the Universal Declaration of Human Rights and the 1966
International Covenant on Civil and Political Rights.
Internet source: https://www.globalization101.org/three-generations-of-rights/.
• SECOND-GENERATION- “socio-economic” human rights guarantee equal
conditions and treatment. They are not rights directly possessed by individuals
but constitute positive duties upon the government to respect and fulfil them.
Socio-economic rights began to be recognized by government after World War II
and, like first-generation rights, are embodied in Articles 22 to 28 of the
Universal Declaration. They are also enumerated in the International Covenant on
Economic, Social, and Cultural Rights.
• THIRD-GENERATION- “collective-developmental” rights of peoples and groups
held against their respective states aligns with the final tenet of “fraternity.” They
constitute a broad class of rights that have gained acknowledgment in
international agreements and treaties but are more contested than the preceding
types (Twiss, 2004). They have been expressed largely in documents advancing
aspirational “soft law,” such as the 1992 Rio Declaration on Environment and
Development, and the 1994 Draft Declaration of Indigenous Peoples’ Rights.
Internet source: https://www.globalization101.org/three-generations-of-rights/.
RIGHTS AND RESPONSIBILITY
 The possession of rights…does not mean the possession of claims that are empty of all duties…
Our rights are not independent of society, but inherent in it.
 As said by Laski : Men must learn to subordinate their self-interest to the common welfare.
 Rights not only place obligation 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, rights compel us to think not just of our own personal needs and interest but to defend
some things as being good for all of us.
 Secondly , rights require 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.
 Fourthly , citizens must be vigilant about limitations which may be placed on their rights.
Political theory, NCERT Book , class-11 , chapter-5 , page-76,77.
Are we really aware about our rights? If yes ,then
how much we are caring about others rights too?
CONCLUSION
The majority of the population of the world is not aware about
their rights and when it comes to others, we don’t really think
about them. All we think is about our own benefit. Presently, there
is a widespread acceptance of the importance of human rights in
the international structure. However, one will not hesitate to
admit that there is a confusion prevailing as to its precise nature
and scope and the mode of international law as to the protection
of these rights. One valuable lesson that the history of human
rights teaches us is that they are not static but are developed in
response to new modes of political thought and changes in the
international environment.
Political theory, NCERT Book , class-11 , chapter-5 , page-75,76.
Political theory: An introduction by Rajeev bhargava and Ashok acharya ,
chapter- 6 , page- 88 to 104.
An introduction to political theory by O.P.Gauba , chapter-13 , page- 169
to 191.
Political theory, NCERT book class-11, chapter- 5, page- 67 to 78.
Internet source: Wikipedia and slide share.

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RIGHTS- BY MD SHARIF HUSSAIN

  • 1. RIGHTS WHAT,WHY AND HOW PRESIDENCY UNIVERSITY KOLKATA 2019-20 PRESENTATION
  • 2. Introduction • In everyday life we often talk of our rights such as the right to vote, the right to form political parties, the right to contest election 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. • The rights are essential for development of human personality and for human happiness. Rights are necessary conditions for the personal, social, economical, political, mental and moral development of individuals. • Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights 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. Political theory, NCERT Book , class-11 , chapter-5 , page- 67,68,69.
  • 3. • It claimed not only in relation to our political and public lives but also in relation to our social and personal relationships. • Rights provides for an essential tool of analysis of the relations between the individual and the state. In other words, when the state is regarded as a means, and the individual as the end, the state cannot be armed with absolute authority over the individual. If state claims authority, the individual must claim rights, the individual obeys its command because the state serves his interests and rights come only into role when the state authority is limited. • More recently, issues about rights of women and disadvantaged minorities have been a matter of debate. With increasing medical advancements, we are now discussing whether persons have a right to die, i.e. euthanasia; gay and lesbian rights ,LGBTQ and gender rights etc. Human rights have become a major concern in recent times. Thus, discourse about rights has become persuasive in our society. An introduction to political theory by O.P.Gauba, chapter-13, page-169
  • 4. • Laski: defend rights as “those conditions of social life without which he cannot seek, in general, to be himself at his best and every state is known by the right if maintained”. • T.H.Green : “right is a power claimed and recognised as contributory to common good”. • Dr.beniprasad: “right are nothing more and nothing less than those social condition which are necessary or favourable to the development of personality”. • Immanuel Kant; Moral conception of rights. This position rest upon the two arguments ; a. First, we should be treating others as we would like to be treated ourselves. b. Second, we should make sure that we don’t treat the other person as means to our ends. That is, we should respect people not because they are useful to us but because they are, after all, human beings. An introduction to political theory by O.P.Gauba, chapter-13, page-174,175  Political theory, NCERT Book , class-11 , chapter-5 , page- 70
  • 5. • Rights are primarily those claims that I along with others regard to be necessary for leading a life of respect and dignity. Political theory, NCERT Book , class-11 , chapter-5 , page-68.
  • 7. These rights are rights that impose obligations on other people or the state to do something for a fuller enjoyment of our rights. For e.g. the right to health, basic subsistence,etc. Requires positive interference to do something. These rights are rights that entail non-interference from the society at large.This right is one that forbids an action. For e.g.,. The right to life, liberty, property and the bill of rights etc. RIGHTS Political theory: An introduction by Rajeev bhargava and Ashok acharya , chapter- 6 , page-90
  • 8. MORAL RIGHTS  Moral rights are related to the individual sense of conviction. They depend on the ethical standards of the community. However , moral rights cannot be enforced by the state.  They are sanction by the society and backed by public, opinion. Violation of moral right does not entail legal punishment.  Moral rights are based on our morality, justice, or conscience and they are not guaranteed by any legal authority.  Moral rights are largely based on religious belief and the moral conceptions of the people in any society. Therefore, they differ from society to society. They arise out of man’s moral sense.  The moral basis of rights postulate the equal treatment of all citizens in the matter of securing their rights.  The moral authority of the state as its claim to allegiance, is based on its devotion to common good and its recognition of the claims of personality. An introduction to political theory by O.P.Gauba, chapter-13, page-175,176.
  • 9. LEGAL RIGHT S Legal rights are those rights which are secured by the state and guaranteed through its laws.  These rights may be defined as the claims recognized by the state and are enforced by the state through its police and courts. It is embodied in the constitution.  Thus , no rights are absolute, nor are any rights inherent in the nature of man as such. Rights are relative to the law of the land; hence they vary with time and space. Rights have no substance until they are guaranteed by the state. This implies, • There are no rights prior to the state, because they come into existence with the state itself; • It is the state which declares the law and thereby guarantees and enforces rights- no rights can exist beyond the legal framework provided by the state and • As the law change from time to time, the substance of rights also changes therewith- there can be no ‘fixed’ rights in any society, not to speak of eternal or universal rights. Political theory: An introduction by Rajeev bhargava and Ashok acharya , chapter- 6 , page-92.
  • 10.  A bill of rights is enshrined in the constitution 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 have Fundamental Rights. Other laws and policies are supposed to respect the rights granted in the constitution. Political theory, NCERT Book , class-11 , chapter-5 , page-71.
  • 11.
  • 12. Human rights refers to the concept of human beings as having universal natural rights, or status, regardless of legal jurisdiction or other localizing, such as ethnicity, nationality, and sex. Internet source: https//www.slideshare.net/mobile/ellaboi/human-rights-presentation-28833886
  • 13. • World war 2: Nazi atrocities against specific groups of people. • United nation was formed in 24 Oct. 1945 to maintain peace and to promote human rights. Internet source: https//www.slideshare.net/mobile/ellaboi/human-rights-presentation-28833886
  • 14. • Then after that on 10 December 1948, the general assembly of the united nation adopted and proclaimed the universal declaration of human rights. Political theory, NCERT Book , class-11 , chapter-5 , page-77.
  • 15. HUMAN RIGHTS  Are set of standard that guarantee a life befitting a rational human being.  Are basic and minimum standards without which people can’t live in dignity.  Guarantees the development and wholeness of our being.  Are the “foundation of freedom, justice, and peace in the world.” Internet source: https//www.slideshare.net/mobile/ellaboi/human-rights-presentation-28833886
  • 16. THERE ARE FOUR CHARACTERISTICS OF HUMAN RIGHTS INHERENT-essential part or our lives (intrinsic). UNIVERSAL- it belongs to all humanity. INDIVISIBLE-human rights must be enjoyed by everyone, it cannot be treated in isolation. INALIENABLE- can’t be taken away or transferred. HUMAN RIGHTS Internet source: https//www.slideshare.net/mobile/ellaboi/human-rights-presentation-28833886
  • 17. Three generation of human rights First generation human rights Second generation human rights Third generation human rights
  • 18. • This division of human rights into three generations was introduced in 1979 by Czech jurist Karel Vasak. The three categories align with the three tenets of the French Revolution: liberty, equality, and fraternity. • FIRST-GENERATION, -“civil-political” rights deal with liberty and participation in political life. They are strongly individualistic and negatively constructed to protect the individual from the state. These rights draw from those articulates in the United States Bill of Rights and the Declaration of the Rights of Man and Citizen in the 18th century. Civil-political rights have been legitimated and given status in international law by Articles 3 to 21 of the Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights. Internet source: https://www.globalization101.org/three-generations-of-rights/.
  • 19. • SECOND-GENERATION- “socio-economic” human rights guarantee equal conditions and treatment. They are not rights directly possessed by individuals but constitute positive duties upon the government to respect and fulfil them. Socio-economic rights began to be recognized by government after World War II and, like first-generation rights, are embodied in Articles 22 to 28 of the Universal Declaration. They are also enumerated in the International Covenant on Economic, Social, and Cultural Rights. • THIRD-GENERATION- “collective-developmental” rights of peoples and groups held against their respective states aligns with the final tenet of “fraternity.” They constitute a broad class of rights that have gained acknowledgment in international agreements and treaties but are more contested than the preceding types (Twiss, 2004). They have been expressed largely in documents advancing aspirational “soft law,” such as the 1992 Rio Declaration on Environment and Development, and the 1994 Draft Declaration of Indigenous Peoples’ Rights. Internet source: https://www.globalization101.org/three-generations-of-rights/.
  • 20. RIGHTS AND RESPONSIBILITY  The possession of rights…does not mean the possession of claims that are empty of all duties… Our rights are not independent of society, but inherent in it.  As said by Laski : Men must learn to subordinate their self-interest to the common welfare.  Rights not only place obligation 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, rights compel us to think not just of our own personal needs and interest but to defend some things as being good for all of us.  Secondly , rights require 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.  Fourthly , citizens must be vigilant about limitations which may be placed on their rights. Political theory, NCERT Book , class-11 , chapter-5 , page-76,77.
  • 21. Are we really aware about our rights? If yes ,then how much we are caring about others rights too?
  • 22. CONCLUSION The majority of the population of the world is not aware about their rights and when it comes to others, we don’t really think about them. All we think is about our own benefit. Presently, there is a widespread acceptance of the importance of human rights in the international structure. However, one will not hesitate to admit that there is a confusion prevailing as to its precise nature and scope and the mode of international law as to the protection of these rights. One valuable lesson that the history of human rights teaches us is that they are not static but are developed in response to new modes of political thought and changes in the international environment. Political theory, NCERT Book , class-11 , chapter-5 , page-75,76.
  • 23. Political theory: An introduction by Rajeev bhargava and Ashok acharya , chapter- 6 , page- 88 to 104. An introduction to political theory by O.P.Gauba , chapter-13 , page- 169 to 191. Political theory, NCERT book class-11, chapter- 5, page- 67 to 78. Internet source: Wikipedia and slide share.