More than “nonsense on stilts?” Rights More than “nonsense on stilts?”
What are rights? Right - legal, moral, or social claim that people are entitled to, primarily from their government. If person A has a right to X, then A MUST get X Rights that are “held” by one person are then “owed” by another Outlines relationships between groups B is obligated to right-holder A If a person is denied their right, there is a special claim that requires action Action may go beyond social policy/norms to rectify infringed rights If B denies A’s right, A can seek special action against B to enforce the obligation
Types of Rights There are two main categories of rights: Positive and Negative Positive rights - require action in order to be upheld Right to education: someone has to teach/do something in order for the right to be upheld Negative rights - requirement to NOT do something, or entitlements to be left alone Right to life: someone has to not kill you in order for the right to be upheld
Rights Vs. Freedoms Freedom is the ability conduct one’s affairs without interference. Unlike a right, no one has a duty to oversee or enforce it Passively upheld by lack of interference Freedom of speech: you can say whatever you like, but no one is obligated to listen or help you say what you want
Where do rights come from? Natural Rights Inalienable rights that apply to everyone by virtue of existence Everyone has them by default – naturally occurring Exist independent of governments Ex. Hobbes: Right to do anything in your power to ensure your own survival Locke: Right to life, liberty, and property Legal Rights Rights created by people that are enforced by laws Created by governments and protected within legal systems
Where do rights come from? Social Contract Idea that people are naturally free, but enter into society for protection In order to join society, people have to give up absolute freedom in order to follow the rules of society Protection includes certain rights that citizens of society can enjoy – ie. Not being murdered by other citizens (right to life) May include social services offered by the government
Where do rights come from? Morality What is considered morally right may be protected under rights Can come from any variety of moral philosophy Utilitarianism: rights are based on providing the most benefit to the most people Virtues: rights are based on socially perceived “goods” Fairness/Justice: rights are based on what is most fair for everyone
Culture/Tradition Based on cultural norms, values, traditions May arise from religious teachings/divine laws
Things to Consider People have different needs because of their physical or mental abilities, race, ethnicity, creed, gender, sexual orientation, etc. Not considering histories of exclusion or restricted access to opportunities can perpetuate group-based inequalities and add to the experience of disadvantage Ex. A business only accessible by stairs denies entry to people with certain physical disabilities Equality vs. Equity Equality: everyone gets the same (equal amounts) Equity: people get what they need (creating fair results) Same treatment can lead to unequal results; different treatment can accomplish equality of results.