Relationship amongst the ingredients of rights suggests that claims emerging on various grounds could be recognized by the State as rights. Although this may not be coterminous with what all rights individuals and groups perceive they should enjoy in society. For example, many states may not accept the right to self-determination of various ethnic groups. It appears that individuals can make claims and demand rights on various grounds. Some of these claims or demands may remain with society and some others can be duly recognized by the state. Some rights of individuals may be recognized by the State even though there is no consensus in society, e.g., right to sexual orientation, abolition of sati practice in India, etc. These could be recognized and residual rights (see Figure 8.1).
Figure 8.1 Ingredients of Rights
Let us start with the three declarations that championed rights of all human beings to understand what are the grounds on which rights are claimed and what types of rights are provided for.
- ‘We hold these truths to be self-evident. That all men are created equal. That they are endowed by their creator with certain inalienable rights. That among them are life, liberty and pursuit of happiness. That to secure these rights, governments are instituted by men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive of those ends, it shall be the right of the people to alter or abolish it, and to institute new government, laying its foundation upon such powers in such form, as shall seem to them most likely to effect their safety and happiness.’5 (The American Declaration of Independence, 1776)
- ‘Men are born and always continue free and equal in their rights … Government is instituted in order to guarantee to man the enjoyment of his natural and imprescriptible rights. These rights are equality, liberty, security and property. No kind of labour, tillage, or commerce can be forbidden to the skill of the citizen. Every man can contract his services and his time, but cannot sell himself nor be sold: his person is not an alienable property … society owes maintenance to unfortunate citizens, either procuring work for them or in providing the means of existence for those who are unable to labor … Education is needed by all. Society ought to favor with all its power the advancement of public reason and to put education at the door of every citizen. …’6 (The French Declaration of the Rights of Man and Citizen, 1789)
- ‘Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world … All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in spirit of brotherhood … Everyone … has right to social security … is entitled to realization … of the economic, social and cultural rights indispensable for his dignity and free development of personality … Everyone has the right to work … right to form and join trade unions … standard of living … right to education … freely participate in the cultural life of community …’7 (The UN Universal Declaration of Human Rights, 1948)
All the three declarations quoted here, talk of natural, inalienable, or imprescriptible rights of man. The claims for rights of human beings have been made on the grounds of certain rights available to human beings even before the State comes into being. As such, natural rights are inalienable and states should recognize them. Moreover, the UN Universal Declaration of Human Rights, 1948 recognizes inherent dignity of human beings also. Thus, ground of natural rights and inherent dignity of human beings have been invoked to advance the cause of rights, such as life, liberty, property, security, equality, etc. Many of the rights proclaimed in the French and the UN declarations are in the nature of social welfare also such as social security, education, etc. Further, the American and the French declarations require that governments instituted by the people should secure and guarantee the natural rights. As such, natural rights to be secured and guaranteed by the State must become recognized rights as well. Natural rights invoke natural ground for getting recognition by the State, which means natural rights are converted into positive rights. UN Declaration recognizes ‘inherent dignity’ of all human beings. Rights are required to protect, develop and realize the dignity. This is the teleological ground of rights of human beings where rights inhere in the very character of human beings.
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