Rights: Meaning, Features and Types of Rights!
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 contributes their best services to the society.
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.
1. “Rights are those conditions of social life without which no man
can seek in general, to be himself at his best.” -Laski
2. “Rights are powers necessary for the fulfillment of man’s vocation
as a moral being.” -T. H. Green
3. “Rights are nothing more nor less than those social conditions
which are necessary or favourable to the development of
personality” -Beni Prasad
As such, Rights are common and recognized claims of the people
which are essential for their development as human beings.
Features/Nature of Rights:
1. Rights exist only in society. These are the products of social living.
2. Rights are claims of the individuals for their development in
society.
3. Rights are recognized by the society as common claims of all the
people.
4. Rights are rational and moral claims that the people make on
their society.
5. Since rights in here only in society, these cannot be exercised
against the society.
6. Rights are to be exercised by the people for their development
which really means their development in society by the promotion
of social good. Rights can never be exercised against social good.
7. Rights are equally available to all the people.
8. The contents of rights keep on changing with the passage of time.
9. Rights are not absolute. These always bear limitations deemed
essential for maintaining public health, security, order and
morality.
10. Rights are inseparably related with duties. There is a close
relationship between them “No Duties Ho Rights. No Rights No
Duties.” “If I have rights it is my duty to respect the rights others in
society”.
11. Rights need enforcement and only then these can be really used
by the people. These are protected and enforced by the laws of the
state. It is the duty of a state to protect the rights of the people.
All these features clearly bring out the nature of Rights.
Types 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 moral force of 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 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.
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 right to vote, right
to get elected, right to hold public office and right to criticise and
oppose the government. Political rights are really available to the
people in a democratic state.
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.
