Definition of human rights • The right that one has simply possess because one is human. • Universal, equal, inalienable. • Wesley Hohfeld “Fundamental Legal Conceptions as Apllied in Judicial Reasoning” said the word rights covers 4 different kinds of legal concepts I rather die on feet than to live on knees ~ charleshudston
Rights - Claims correlative to other person’s duties • Liberties – the least that one has no legal duty to refrain from the activity in question • Powers – the ability to change legal relationship (contracts and wills) • Immunities – correlate with disabilities of another
DIVISION OF RIGHTS • Rights are to represent individual and group demands for the sharing of political and economical power • Human rights are not always absolute ; usually limited and restrained for the sake of common good or to secure the rights of others. • Human Rights is not a form of tool to protect personal desires. It is more often implying related obligations. • The necessity of division of rights is to have an over view of which rights can overrule the other.
There are 3 forms of Rights • Individual Rights : Rights to life, liberty, privacy, freedom of speech and press, worship (freedom of religion), the right to own property. • Social Rights : Grew from the socialist and communist criticisms of capitalism and its perceived economic injustice e.g. low wages, long working hours, unsafe working conditions and child labour
Collective Rights : The right to political, economic, social and cultural self-determination, the right to peace, the right to live in a healthful and balanced environment.
INDIVIDUAL RIGHTS • Human rights are not absolute • E.g. ISA, state of emergencies • In order to maintain their political power and also to secure the rights of others. • E.g. Change to religions, April 2001 LinaJoy, buildings of non-Muslim structures • Freedom of religion is a good example of a right that is defined by a particular government • Its usually based on consent, where the rights imposed on the person has to be accepted by him/her – ie. Lina Joy did not consent to be a muslim.She was just born into the religion.Thats why she was fighting for her rights of freedom of religion.
Social rights • This concept of rights out of the socialist & communist criticism of capitalism & it perceived in economic injustices i.e. low wages, long working hours & child labour. • Employment Act – working hours not exceed 8hours/day, also sets overtime rates * mandates pub. holidays. • Specific section of Penal Code prohibit the sale or hire anyone under age of 21 for purposes of prostitution. • This is to prevent from the exploitation of employees that may be oppressed by the employers.
COLLECTIVE RIGHTS • Urges the right to political, economic and cultural self determination. • Collective rights is based on a group that a person belongs to. i.e. women, minority races etc. That is why collective rights is sometimes known as group rights • E.g. The right to peace, the right to live in a healthful and balanced environment. • Malaysia government implemented extensive preferential programs – boost the rights of the Malays majority. • Limits non-Malays but does not neglect other races feelings.
In Malaysia, Islam is the official religion.Thus, you cannot commit apostasy.This is to show the sanctity of the national religion.Thisis where collective rights can veto out the rights of an individual. • This is also proving that certain rights are determined by the government that is ruling.
COLLECTIVE RIGHTS (cont.) • Collective rights usually trumps specific individual rights. E.g. Minority schools in the U.S. for African-Americans • Collective rights is usually based on historical precedence. For instance the Malay economic privileges in our constitution is based on the past economic disparity between Malays and other races during the communist regime. • The power of a government to charge a person without trial. These supposed violation of rights is often justified to further the collective rights of a country. • E.g. national security, social stability.
Collective rights vs individual rights • Since the 1960’s, the fairness of collective rights have been questioned. A lot of movements have been created that fights for the prioritization of individual rights over collective rights. • This is due to the concept of ‘birth lottery’. It is unfair for a set of rules to be imposed upon an individual just because he or she was born into a particular race/gender/religion. • Rights is now based upon equity, and the notion of people having to deserve their rights.
COLLECTIVE VS INDIVIDUAL RIGHTS • In the 21st century, the group that a person belongs to becomes arbitrary. For instance it is hard to determine whether a person belongs to a particular race (or fits the criteria of a particular race) especially when it is only written in a constitution of a country that has many races. E.g. mixed blood, liberal Malays • Gender reassignment also becomes an issue of collective rights based on gender. i.e. women’s rights, LGBT rights
Ie. The Bersih rally, where there was a certain number of individuals that were fighting for a certain cause.and though they have the freedom of speech.The government disallows the demonstration because of the safety of the nation.This is where you see the principle of “the greater good for the greater number of people”
THE DISPUTED ROLE OF GOVERNMENTS • There’s an argument that giving more emphasis to individual rights will lead to chaos an anarchy. • Advocates of these rights usually believe in the minimal role of governments in only ensuring that these rights can be exercised, but without intervening by creating an importance in a particular collective rights. • This political ideology is called minarchism.