Rights

Rights are legal guarantees of entitlements that also indicate what actions are permissible. In the United States, people have many rights including the right to life, the right to vote, and the right to work. Because so many rights exist, they are grouped into categories such as natural rights, legal rights, claim rights, and liberty rights. Rights are fundamental for a civilization, and many are established by governments. In America, rights are legally protected by the US Constitution, in particular by its amendments. Rights are also protected by state constitutions.

Background

A French-born abolitionist named Anthony Benezet established the first human rights organization in the United States in 1775. This organization was eventually named the Pennsylvania Society for Promoting the Abolition of Slavery. In 1776, the Founding Fathers signed the Declaration of Independence, making the thirteen colonies independent states that were no longer under British control. The Declaration of Independence gave people three inalienable rights that cannot be taken away. They are the right to life, liberty, and the pursuit of happiness.

After the Revolutionary War, which lasted from 1775 to 1783, the thirteen states worked toward the establishment of a new government. In 1787, they adopted the US Constitution, which gave people even more rights and liberties. However, some of the Founding Fathers believed the Constitution did not provide enough safeguards of freedom. This led to the passage of the Bill of Rights in 1791. The Bill of Rights laid out ten amendments to the Constitution, giving Americans additional rights, such as the right to freedom of speech, the right to keep and bear arms, and the right to a speedy and public trial.

However, considerable debate took place over who, specifically, was guaranteed these rights. Was a “person,” as mentioned in the Bill of Rights, a male, a White male, or anyone who owned property? After the Civil War (1861–1865), additional amendments were added to the Constitution. These included the Thirteenth Amendment, which abolished slavery, and the Nineteenth Amendment, which gave women the right to vote. The Fourteenth Amendment included the Equal Protection Clause, which prohibited states from narrowing the definition of “person.” This was not initially effective, however. It was not until the 1970s that a series of court rulings made discrimination against either sex concerning rights illegal in most cases.

The United States has long supported international human rights, which increased in importance after World War II (1939–1945). During that conflict, Nazi Germany exterminated more than six million people, most of them Jews. This desire for stronger human rights laws led to the formation of the United Nations (UN) in 1945. Its goal was to foster international peace and work to prevent conflict. In his 1941 State of the Union Address, President Franklin Delano Roosevelt spoke of a world founded on four essential freedoms: the freedom of speech and religion and the freedom from want and fear. People throughout the world sought to protect individuals internationally from being abused by their governments.

Countries that were members of the UN agreed to promote respect for the human rights of all. The UN established the Commission on Human Rights to draft a document laying out the fundamental rights and freedoms supported by the UN. The commission was led by former First Lady Eleanor Roosevelt, who was a strong advocate of human rights. On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by fifty-six members of the United Nations. The UDHR stated that a government’s treatment of its citizens was now a matter of international law.

Categories of Rights

Rights entitle an individual to take certain actions and prohibit others from taking certain actions. For example, an individual has the right to walk through a public park without being assaulted by someone. However, that person does not have the right to then assault someone else walking through the park. Rights govern the way people act and interact.

Legal theorist Wesley Hohfield identified four components of rights: privileges, claims, powers, and immunities. These components are known as “Hohfeldian incidents.” Privilege refers to permissible acts that one may or may not perform, such as walking on a sidewalk. A claim is related to a duty; if someone has a claim, someone else has a duty. If someone hires a plumber to repair a sink, the plumber has a duty to repair the sink. A power is an obligation or a duty imposed on others, such as the power to make voting in presidential elections compulsory. Immunities refer to an individual’s right not to perform duties imposed by a power. For example, a person having immunity may not be prosecuted for a certain crime.

Rights are typically grouped into the following categories:

Natural Rights vs. Legal Rights

Natural rights are derived from human nature or God. They are granted to all people regardless of citizenship, gender, or nationality. Natural rights are sometimes called moral or inalienable rights. A government cannot take away a person’s natural rights.

Throughout history, philosophers have contemplated the idea of natural rights. Such rights were described by the ancient Roman philosopher Cicero. Natural rights were also mentioned in the Bible. The seventeenth-century English philosopher John Locke introduced the idea of natural rights to his contemporaries. Locke believed that the fundamental natural rights were life, liberty, and property. He contended that individuals have both a right and a duty to protect themselves so their life is not taken by others.

In the United States, natural rights include the right to life. In other words, people have the right not to lose their life because of an aggressive act committed by another individual. They also have the right to liberty. This refers to the right to make decisions unless these decisions infringe on the rights of others. They also have the right to property, which simply means that they can keep whatever they earn or purchase with their earnings.

Legal rights, on the other hand, exist in legal codes. A legal right does not exist until it is passed into law. Citizenship often determines whether a person is granted legal rights. Because legal rights have been granted through the creation of the law, they can be changed and abolished. Legal rights may be established by both the federal and state governments. The amendments to the Constitution are legal rights. For example, the right of citizens to vote is a legal right, as is the right to keep and bear arms. Some legal rights are also natural rights, such as the right to life.

Claim Rights vs. Liberty Rights

With a claim right, a person has a duty to the claim-holder. For example, if a person hires a lawn-care service to mow a lawn, the lawn-care service has a duty to the person. A claim right requires that a duty be performed to satisfy the claim. A claim right can also require someone to refrain from acting. For example, a person has the right not to have their home burglarized. This is called a negative claim right.

A liberty right, on the other hand, gives someone permission to do something without an obligation to do something in return. For example, a person has a liberty right to drive a car on a road but has no obligation to do so. A liberty right may infringe on a claim right. Suppose the person parks the car in someone else’s driveway. Now the liberty right ends because the person is infringing on the property owner’s claim right.

Positive Rights vs. Negative Rights

Having permission to do something or being entitled to receive something is a positive right. In the United States, citizens have the right to vote. This is a positive right. Some citizens receive welfare from the government, which is also a positive right.

Negative rights usually involve inaction. While US citizens have the right to vote—a positive right—they also have the right not to vote—a negative right. In some countries, voting is compulsory, meaning that people are required to vote. These individuals do not have the negative right of choosing not to vote. Negative rights also encompass the right to be left alone. US citizens have the right not to be killed. This is a negative right.

Sometimes, positive and negative rights come into conflict with one another. For example, US citizens have the right to welfare from the government in some circumstances. However, in order for the government to provide this service, it must raise taxes. By taking people’s money, the government violates their negative right to be left alone.

Individual Rights vs. Group Rights

Individual rights are those held by individuals regardless of whether or not they belong to a group. Group rights are those given to a group of individuals, as if the group was one entity. Group rights are also known as collective rights. Trade unions, soldiers in a platoon, and corporations have been granted group rights.

Whether a group should have rights has been a subject of debate because group rights sometimes infringe on individual rights. In the past, non-smokers (a group) claimed that they had the right to dine in smoke-free restaurants and bars. However, some restaurants and bars were already smoke-free, but the non-smokers wanted this to be true of all restaurants and bars. The owners of such establishments claimed that this infringed on their individual rights. They felt that they should be able to run their restaurants and bars however they saw fit. The non-smokers mainly prevailed, however. In the 2020s, only twelve states in the country permitted smoking in bars and restaurants.

Individual and group rights have also come into conflict in schools. Suppose one student in a class has gifted intelligence and qualifies for advanced instruction outside the classroom. However, this particular student frequently participates in class discussions, making the instruction more lively and interesting. Because it is better for the group, school officials decide to keep the student in the mainstream classroom even though this violates the student’s individual rights.

Active Rights vs. Passive Rights

Rights can also be active or passive. Active rights encompass privileges and powers while passive rights encompass claims and immunities. Active rights concern an individual’s actions, and passive rights regulate the actions of others. For example, a police captain may patrol a neighborhood, which is an active right. The police captain may also order other police officers to also patrol the neighborhood. This is a passive right. A teacher may write on a chalkboard, which is an active right. Then, the teacher may choose two students to clean the chalkboard. In doing this, the teacher has exercised a passive right.

Civil and Political Rights

Civil and political rights restrict the powers of a government with respect to its infringement on the actions of individuals. Civil rights are the rights of citizens to receive equal treatment. Civil rights include the right to life, the right to a fair trial, the right to privacy, and the right to freedom of thought, conscience, and religion.

Political rights guarantee individuals a role in choosing their elected officials. Political rights ensure that every citizen has an opportunity to take part in public affairs directly or through representatives.

Bibliography

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