Rights - Rights Rights rights discourse rights discourse...

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Unformatted text preview: Rights Rights rights discourse rights discourse ► Adjective or Noun ► Real Rights or Manifesto Rights (Goals) ► Legal Rights or Moral Rights ► Basic Rights or Derived Rights objects of rights objects of rights ► Activity (travel, free speech, voting) ► Material Object (car, house, fresh air) ► Service (health care, education) ► Private Good (exclusive or non­exclusive) ► Public Good (exclusive or non­exclusive) subjects of rights subjects of rights ► Human individuals (dead or alive) ► Groups ► Humanity (including future generations) ► Institutions ► Nation States ► Animals rights and correlative duties rights and correlative duties “X has a right to p” may generate for Y one or all of the following duties: a) not to prevent X from getting p (negative) b) protect X while getting p (positive) c) help X to get p if X is not able to do it alone (positive) kinds of rights (in historical order) kinds of rights (in historical order) ► Liberty Rights (First generation) =movement, free speech, property, vote ► Welfare Rights (Second generation) =employment, education, health care ► Solidarity Rights (Third generation) =language, culture, clean air, life Convention on the Prevention and Convention on the Prevention and Punishment of the Crime of Genocide” 1948 (UN) “In the present Convention, genocide means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily harm to members of that group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent birth within the group; (e) Forcibly transferring children of the group to another group” how to make rights real or how to make rights real or practicable? ► who will have what rights? ► what will be the specific content of each right? ► who will be obligated to honor those rights? ► how to create a balance among the rights of everyone? ► what to do when rights conflict? ► what is the place of rights among other social values and policies ? Security and Liberty Security and Liberty ► Pre ► Post Liberties (that is, rights) at stake: Liberties (that is, rights) at stake: ► Civil liberties ► Liberties associated with the due process of law ► Liberties associated with democratic government to be “balanced” with (the right to) security Balancing Rights Balancing Rights Rights of Others ► Social Effects ► Powers of the Central Authority ► Real as opposed to imagined results ► the realization of rights also involves: the realization of rights also involves: ► Post­World War II Human Rights Declarations (most of which were incorporated into domestic law) ► The NGO World ► The Media ► Domestic and International Human Rights Courts ...
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