Information on the different types of Rights


Posted July 6, 2016 by shimed52

The citizens of a state enjoy a number of privileges or rights. A right may be defined as a claim or power of an individual against others which are recognized and enforced by the state.

 
Meaning
The citizens of a state enjoy a number of privileges or rights. A right may be defined as a claim or power of an individual against others which are recognized and enforced by the state.
Right means some opportunities and privileges that are granted by the state to its people for the development of their inner potentialities. A right has to satisfy five conditions.

1. The rights are claims of citizens from the state.

2. It aims at the development or enrichment of the personality.

3. It promotes social good.

4. It must be recognized by the state.

5. They are regulated by the state in the interest of the community.

Types of Rights

The rights are broadly classified into two categories- Moral Rights and Legal Rights. Moral rights are based on our ethical awareness and on a sense of morality and justice. As these rights are not normally enforced by the court of law but by the customary provisions, its breach may not amount to punishment by the state. But on the other hand, legal rights are recognized by the state and are enforced by the court of law. Therefore, its violation will lead to punishment. The fundamental rights of our Constitution enumerated under part III of the constitution are justifiable.

The legal right can be further sub-divided into two categories- Civil Rights and Political Rights. The Civil Rights are essential to the free development of individual self. Right to life, liberty and property are included in this category in the absence of which no civilized life is possible. But the rights of the people to participate in the affairs of the state such as taking part in election, associating with the government of the state etc. are known as political rights. These rights are enjoyed by the people not in their personal or private capacity but in the capacity of being the citizens of that particular state. In recent years one more right namely economic right has been added to the category of legal rights. Some of the important rights are given below.

(1) Moral Rights:
As moral rights are not guaranteed by the state these are to be asserted by the citizen. Right to resist the state is a moral right. Green advocated resistance to the unjust state and Gandhi ji through Satyriasis- a kind of resistance got rid of many unjust laws. But this right is to be used only in extreme cases as it is likely to incur far-reaching consequences.
(2) Legal Rights:
(a) Civil Rights:
These rights consist of those privileges in the ab­sence of which nobody can attain his best self. Some of the civil rights are as follows:
(1) Right to Life:
A citizen has the right to life and the right to protect his body. It is the fundamental of human existence.
(2) Right to Liberty:
It means that a citizen is entitled to enjoy privileges freely for the development of his inner self without hindrances. Prof Gilchrist opines that "Mere life without movement would be meaningless and without the exercise of human faculties it would not rise above the level of that animal". The freedom from arbitrary arrest and detention enables a citizen to see redresses in a court of law.
(3) Right to Property:
The institution of property, prior to the advent of Marxism, was viewed as an ally of civilized life. Locke was the greatest exponent of the institution of private property. It creates a sense of possession, responsibility and interest to work. The state can restrict this right for the larger interest of the community.
(4) Right to Equality:
That all are born equal and are to be treated equally is the essence of this right. It is the first principle of democracy and it also prescribes for some punish­ment for the offenders who commit the same offence under the similar circumstances.
(5) Right to Family:
This is another important civil right en­joys by the citizens
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Issued By shimed52
Website Conveyance Camden
Country Australia
Categories Business
Tags legal , services
Last Updated July 6, 2016