Rights Class 11 Political Science

Introduction

• In a democracy, we have rights like voting, forming political parties, and running for office.
• Beyond political and civil rights, people now demand rights such as access to information, clean air, and safe drinking water.
• Rights apply not only to political and public life but also to social and personal relationships.
• Rights can be claimed for adults, children, unborn fetuses, and even animals.
• The concept of rights is used in various ways by different people.

What are Rights?

Where do Rights come from? 

Political theorists in the seventeenth and eighteenth centuries argued that God's nature bestows rights on us. They claimed to have derived them from natural law. This meant that rights are not bestowed by a ruler or society; rather, they are bestowed upon us at birth.

There are three natural rights identified by the early political theorists:

1. Right to Life
2. Right to liberty
3. Right to property.

All the other rights were said to be derived from these basic rights.

• The idea that we are born with certain rights is a powerful one because it implies that no state or organisation has the authority to take away what nature has bestowed upon us. 
• The term "human rights" has become more popular in recent years than "natural rights." This is because the idea of natural law, or a set of norms established by nature or God, appears to be unacceptably radical today.
• Human beings are increasingly seeing rights as guarantees that they seek or achieve in order to live a minimally good life. Existing inequalities based on race, caste, religion, and gender are increasingly being challenged using this concept of a free and equal self.
• Oppressed people all over the world have used the concept of universal human rights to challenge laws that segregate them and deny them equal opportunities and rights. As societies face new threats and challenges, the list of human rights that people have claimed has grown.
• People are increasingly aware of the need to protect the natural environment, which has resulted in calls for rights to clean air, water, and long-term development.

Legal Rights and The State

Claims for Human Rights:

• The claims for human rights appeal to our moral self.
• Success depends on government support and legal recognition.

Legal Recognition:

• Crucial for the protection of rights.
• Many countries have a Bill of Rights enshrined in their constitutions.
• Constitutions are the highest law, giving rights primary importance.
• In some countries, these are called Fundamental Rights.

Constitutional and Legal Framework:

• Other laws and policies respect the rights granted in the Constitution.
• Rights are considered basic and may be influenced by historical and cultural contexts.
• Example: In India, the Constitution bans untouchability to address traditional social practices.

Evolution of Rights:

• Legal endorsement gives rights a special status.
• Rights are not solely based on legal recognition but have evolved to include previously excluded groups.
• Reflect contemporary understandings of dignity and respect.

State's Role in Rights:

• Rights often involve demands upon the state.
• Example: The right to education requires the state to provide basic education.
• While society (e.g., schools, scholarships) can contribute, the state holds the primary responsibility.

Obligations on the State:

• Rights dictate what the state must do (e.g., protect the right to life) and what it must not do (e.g., unjustly restrict liberty).
• Examples:
  1. The right to life obliges the state to protect individuals from harm and ensure a good quality of life.
  2. The right to liberty requires the state to justify actions like arrests and respect judicial oversight.

Purpose of Rights:

• Rights ensure that state authority is exercised without violating individual life and liberty.
• The state's primary purpose is to serve the well-being of its people.
• Rulers must be accountable for their actions.

Kinds of Rights

Political Rights

• Most democracies start by establishing a charter of political rights.
• These rights include equality before the law, the right to vote, elect representatives, contest elections, and form or join political parties.
• Civil liberties, such as the right to a free and fair trial, freedom of expression, and the right to protest, supplement political rights.
• Political rights are foundational for a democratic system and protect individual well-being by ensuring government accountability, prioritizing individual concerns, and allowing influence over government decisions.

Economic Rights

• Political rights are more meaningful when basic needs (food, shelter, clothing, health) are met.
• Democracies increasingly recognize economic rights to ensure that individuals can meet their basic needs, including state-provided housing, medical facilities, and minimum wages.
• Examples include state support for low-income citizens and employment guarantee schemes like those recently introduced in India to assist the poor.

Cultural Rights

• Modern democracies are recognizing cultural claims, such as the right to primary education in one's mother tongue and the establishment of institutions for teaching one's language and culture.
• The list of recognized rights has expanded, with cultural rights being acknowledged alongside basic rights like life, liberty, and political participation.

Rights and Responsibilities

Universal Declaration of Human Rights by the United Nations 

Conclusion

Rights are not just abstract concepts; they are powerful tools that shape our interactions with the state and each other. They impose responsibilities on both individuals and governments to ensure a just and equitable society. By balancing personal freedoms with respect for others and remaining vigilant against encroachments on our liberties, we uphold the principles that underpin democracy and safeguard a future where rights continue to foster dignity, equality, and well-being for all.