Kinds of Rights

Rights: Meaning and Definition:

In simple words, rights are the common claims of people which every civilized society recognizes as essential claims for their development, and which are therefore enforced by the state.

Kinds of Rights

1. Natural Rights:

Faith in natural rights is strongly expressed by several scholars. They hold that people inherit several rights from nature. Before they came to live in society and state, they used to live in a state of nature. In it, they enjoyed certain natural rights, like the right to life, right to liberty and right to property. Natural rights are parts of human nature and reason.

However, several other scholars regard the concept of natural rights as imaginary. Rights are the products of social living. These can be used only in a society. Rights have behind them the recognition of society as common claims for development, and that is why the state protects these rights.

2. Moral Rights:

Moral Rights are those rights which are based on human consciousness. They are backed by the moral force of the human mind. These are based on human sense of goodness and justice. These are not backed by the force of law. Sense of goodness and public opinion are the sanctions behind moral rights.

If any person violates any moral right, no legal action can be taken against him. The state does not enforce these rights. Its courts do not recognize these rights. Moral Rights include rules of good conduct, courtesy and of moral behaviour. These stand for moral perfection of the people’s Legal Rights.

Legal rights are those rights which are recognized and enforced by the state. Any violation of any legal right is punished by law. Law courts of the state enforce legal rights. These rights can be enforced against individuals and also against the government. In this way, legal rights are different from moral rights. Legal rights are equally available to all the citizens. All citizens enjoy legal rights without any discrimination. They can go to the courts for getting their legal rights enforced.

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Legal Rights are of three types:

1. Civil Rights:

Civil rights are those rights which provide opportunity to each person to lead a civilized social life. These fulfill basic needs of human life in society. Right to life, liberty and equality are civil rights. Civil rights are protected by the state.

2. Political Rights:

Political rights are those rights by virtue of which citizens get a share in the political process. These enable them to take an active part in the political process. These rights include the right to vote, right to get elected, right to hold public office and right to criticize and oppose the government. Political rights are really available to the people in a democratic state.

• It gives the citizens the right to equality before the law and the right to participate in the political process. These rights include the right to vote and elect representatives, the right to contest elections, etc. They are supplemented by civil liberties
• Civil liberties refer to the right to a free and fair trial, the right to express one’s views freely, the right to protest and express dissent
• Civil liberties and political rights, considered collectively, form the basis of a democratic government
• They protect the well-being of individuals by making the government accountable, by giving greater importance to the concerns of the individual over that of the rulers. It also ensures that all persons have equal opportunities

3. Economic Rights:

Economic rights are those rights which provide economic security to the people. These enable all citizens to make proper use of their civil and political rights. The basic needs of every person are related to his food, clothing, shelter, medical treatment etc. Without the fulfillment of these no person can really enjoy his civil and political rights. It is therefore essential that every person must get the right to work, right to adequate wages, right to leisure and rest, and right to social security in case of illness, physical disability and old age.

• Need: We can only fully exercise our political rights when our basic requirements like food, shelter, clothes, and health are addressed
• Status: Democratic societies are beginning to recognize these obligations and provide economic rights

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Cultural Claims of Rights:

• The right to primary education in the mother tongue of the person, and the right to establish institutions to teach one’s language and culture, now widely recognized as essential for a happy life

Kant on Human Dignity:

• According to the 18th-century German philosopher, Immanuel Kant, every person has dignity and should be treated well by being a human being 
• Treating individuals with dignity, according to Kant, was the same as treating them morally
• Kant’s ideas reflect what is known as the ” moral conception of rights.” This viewpoint is supported by two arguments
• Treating others as we like to be treated ourselves
• Make sure we treat the other person as a means to our ends
• While some rights, such as the right to life, liberty, equal treatment, and political participation, are seen as fundamental rights that should be kept on priority. These rights are required to live a decent life and recognized as justifiable claims or rights

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Rights and Responsibilities:

• Rights not only bind the government to act in a certain way, but they also bind each of us individually
• Common Good: Not just of our own needs but to defend some things for all. They represent the ‘common good’ protected for ourselves and future generations
• Respecting Rights of Others: In exercising one right, one cannot deprive others of their rights. Someone’s rights must be limited by the principle of equal and same rights for all
• When our rights clash, we must find a balance
• Responsibility: Citizens are prepared for limitations on their rights. Giving governments powers that could be used to limit individual rights must be approached with considerable caution

Conclusion- 

Rights are those essential conditions of social life without which no person can generally realize his best self. These are the essential conditions for health of both the individual and his society. It is only when people get and enjoy rights that they can develop their personalities and contribute their best services to the society.