This powerpoint slide is based on lecture to BS students at the Institute of Peace and Conflict Studies, University of Peshawar, Pakistan.
It includes conceptual discussion on Rights, Human Rights, Positive Rights, Negative Rights, Contractual Rigths, Entitlements, and Liberties etc.
2. Definition of Rights
• A right is said to be an entitlement or justified claim to a
certain kind of positive and [or?] negative treatment
from others, to assistance from others or non-
interference from others.
• Jan Garrett, 2004
3. Moral (Human) and Legal Rights
• Legal rights require an
existing system of law.
– Legal rights gain their force
through legislation.
• Moral (Human Rights)
those rights that have
other source of validity
other than legal rights .
We may use moral rights
to criticize the law and
even change it.
4. Contractual Rights
• Contractual rights derive from the practice of promise-
keeping. They apply to particular individuals to whom
contractual promises have been made.
• Contractual rights arise from specific acts of contract making.
• They normally come into being when the contract is made,
and they reflect the contractual duty that another party has
acquired at the same time.
– E.g. party A has a contractual duty to provide certain goods/services
to party B who has contractual rights to the good/services.
5. Negative vs Positive Rights
• Negative Rights: the kind
of rights which impose on
others a negative duty, a
duty not to do anything, a
duty of non-interference.
• If I have a right of this sort,
all you have to do to
respect that right is refrain
from blocking me.
• Negative rights are
sometimes called Liberties
• Positive Rights: the kind
of rights which impose
on others a positive
duty, a duty to provide
or act in a certain way.
• If I have a right of this
sort, you respect it by
complying.
• Positive rights are also
sometimes called
Entitlements
6. Negative vs Positive Rights
• Negative Rights:
• Someone or the
government must not
interfere / just do nothing
• Just stay out of it.
• Right to free speech
• Positive Rights:
• Someone or
government must
provide something
• Government is
OBLIGATED to DO /
PROVIDE SOMETHING.
• E.g. right to Trial, jury,
judge, prosecutor, etc.
7. The Basis of Rights:
Where does human rights come from?
• The come from
the idea of being
HUMAN
• What does it
mean to be
human? Qualities of being
human
What is needed to protect those qualities?
8. Human Needs
1. Security
2. Subsistence
3. Freedom
4. Equality
5. Recognition
Brian Orend, a Canadian philosopher, Human Rights:
Concept and Context,
9. • Human rights, in a nutshell, are the entitlements we have
in these five areas.