What is a Right?

1. What is a Right? Simply… something to which you are entitled?

2. The problem with definitions… • Rights are fundamental in civilized societies. The problem with defining rights however, is that it they are construed into many different facets, by many different thinkers, for many different purposes, some of which are opposing definitions. Therefore the definition of a right is controversial however of vital importance to society in the disciplines of law and ethics, and theories of justice and deontology (obligation or duty). • Consider: purpose, the decider, loopholes, perspective.

3. What is claimed as a right? • A right to life, a right to choose; a right to vote, to work, to strike; a right to one phone call, to dissolve parliament, to operate a forklift, to asylum, to equal treatment before the law, to feel proud of what one has done; a right to exist, to sentence an offender to death, to launch a nuclear first strike, to carry a concealed weapon, to a distinct genetic identity; a right to believe one's own eyes, to pronounce the couple husband and wife, to be left alone, to go to hell in one's own way.

4. Can we categorize them? • Who is alleged to have the right: Children's rights, animal rights, workers' rights, states' rights, the rights of peoples. • What actions or states or objects the asserted right pertains to: Rights of free expression, to pass judgment; rights of privacy, to remain silent; property rights, bodily rights. • Why the right holder (allegedly) has the right: Moral rights spring from moral reasons, legal rights derive from the laws of the society, customary rights are aspects of local customs. • How the asserted right can be affected by the right holder's actions: The inalienable right to life, the forfeitable right to liberty, and the waivable right that a promise be kept.

5. Natural vs. Legal • Natural Rights • These are rights that are derived from God or Nature. They are universal, exist necessarily and can’t be taken away. It is argued that humans have a natural right to life. The Vermont Constitution 1977 • Legal Rights • These rights are based on societies customs, laws, statutes and actions by legislature. Citizenship is considered the basis for having legal rights, i.e. the right to have rights. An example of this is the right to vote of citizens.

6. Moral vs. Customary • Moral Rights • A person may feel that he or she is morally entitled to something, that is, that he or she is owed a moral right. For example, a family may feel that they have the moral right to park their car directly in front of their house and may become annoyed if someone else always parks a semi-trailer there. The law however will probably do nothing to enforce this moral right. • Customary Rights • Many people feel that they have a right to certain things because of a custom. For example, it is usually customary for an older person or a pregnant woman to be offered a seat on a crowded bus or train.

7. Human Rights Human Rights • These are fundamental rights that all people are entitled to because they are human. • Human rights can be divided into three categories: • 1. Civil and political rights - protects the individual from the arbitrary exercise power of the state, e.g., equality before the law • 2. Economic, social and cultural rights – are concerned with the material and cultural wellbeing of people, e.g., equal pay for equal work • 3. Solidarity rights – these include the right to peace and the right to a healthy environment

8. Domestic vs. International • International Rights • These are rights that are recognised internationally as fundamental to all people no matter what nation they came from. Under international law, human rights are recognised and protected by such things as treaties, declarations and customary law. • Some of these rights are: freedom from slavery and freedom from torture or cruel, inhumane or degrading treatment or punishment. • Domestic Rights • These are the rights people have within their own country. Some countries do little to protect the fundamental human rights of their citizens while other countries try to ensure that their citizens have all the rights outlined in International law.

9. Is there a difference? There are two main differences between domestic and international rights: 1. International rights are more encompassing. • The International human right treaties cover many rights, more than the domestic laws of most countries. In Australia, some human rights treaties have not been given domestic force, such as the Convention of the Rights of a child. 2. International rights are not as readily enforced as domestic rights. • Domestic legal rights have the authority of domestic law behind them. If rights given by domestic law are violated, the law will impose sanctions on the violators and/or compensate the victims. International rights are far more difficult to enforce. Generally speaking, if there is a conflict between a person’s human rights and domestic law, the domestic law will prevail, even if there is international protection of human rights. Domestic law provides the primary protection of human rights, though international law has been successful in protecting human rights when they are not being protected adequately by domestic law.