TEACHING ON CBCS (MODEL) CORE COURSE

B.A (HONS.) IN POLITICAL SCIENCE

PAPER:POLITICAL THEORY: CONCEPTS & DEBATES

SEMESTER-II CORE-III
PRESENTED BY
SRI JAGANNATH PANDA
LECTURER IN POLITICAL SCIENCE,
HILL TOP DEGREE COLLEGE, MOHANA , GAJAPATI,
ODISHA, INDIA
 UNIT-III (UNIVERSALITY OF RIGHTS)
RIGHTS, NATURAL, MORAL AND LEGAL,
THREE GENERATIONS OF RIGHTS
Introduction
Rights are highly essential for development of
individual personality without which the individual
cannot develop his personality. Rights are those
essential conditions of social life without which no
individual develop his personality. 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. So most
of the modern democratic state guarantee some of
the right to their citizens through the constitution.
Rights: Meaning and Definition:
 In simple words, rights are the common claims of people
which every civilized society/state recognizes as essential
claims for their development, and which are therefore
enforced by the state.
 “Rights are those conditions of social life without which
no man can seek in general, to be himself at his best.” -
Laski
 “Rights are powers necessary for the fulfillment of man’s
vocation as a moral being.” -T. H. Green
 “Rights are nothing more nor less than those social
conditions which are necessary or favourable to the
development of personality” -Beni Prasad
Features/Characteristics of Rights:
The following are some of the features of rights.
 1. Rights exist only in society. These are the products of social living.
 2. Rights are claims of the individuals for their personality
development in the society.
 3. Rights are recognized by the state as common claims of all the
individuals.
 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 equally available to all the people.
 7. The contents of rights keep on changing with the passage of time.
 8. Rights are not absolute. These always bear limitations deemed
essential for maintaining public health, security, order and morality.
 9. Rights are inseparably related with duties.
Types/kinds of Rights:
The followings are the various kinds of rights.
1. Natural Rights:
 Natural rights are those rights which are inherited by
the individual from nature. Before the man came to live
in society and state, they used to live in a state of nature.
In it, he 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 scholars regard the concept of natural
rights as imaginary.
 Rights are the products of social living. Behind the Rights,
it is 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.
 The courts do not recognize these rights. Moral
Rights include rules of good conduct, courtesy and of
moral behavior. These stand for moral perfection of
the people Legal Rights.
3. 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.
Legal Rights are of three types:
They are discussed as follows such as civil rights,
political right and economic rights.
I. Civil Rights:
 Civil rights are those rights which are necessary for each
individual to lead a civilized social life. These fulfill basic
needs of human life in society. Civil rights are protected by the
law of the state.
 Following are the various civil rights enjoyed by the individual.
i.Right to Life. ii.Right to Family life
iii.Right to Religious freedom. iv.Right ti Personal Freedom
v.Right to Education vi.Right to Freedom of Thought
and Expression
vii.Right to Freedom of Movement viii.Freedom of Press
ix.Right to Equality x.Right to Justice
xi.Freedom to Form Associations xii.Right to contract
II. Political Rights:
 Political rights are those rights through which
citizens get a share and participate 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 in constructive way.
 Political rights are really available to the citizens only
not to all individuals in a democratic state.
III. Economic Rights:
 Economic rights are those rights which provide
economic security to the individuals. These enable all
citizens to make proper use of their civil and political
rights. The basic needs of every person individual are
related to his food, clothing, shelter, health facilities and
education etc.
 Without the fulfillment of these no individual 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.
Model Questions and Assignment:
I. Fill in Blanks
1.Right are claims which are -------- and -------- by the state.
2.------ are highly essential for development of individual personality.
3.According to-----“Rights are those conditions of social life without which no man can
seek in general, to be himself at his best.” -
4.According to----“Rights are powers necessary for the fulfillment of man’s vocation as a
moral being.”
5.Rights and duties are -------- each other.
6.Rights and duties are ------ and --------- each other.
7.Right to Life & right to Family life are ------- rights
8.Right to Religious freedom & right to Personal Freedom are ---rights
9.Right to education & right to freedom of thought and expression are- Rights.
10.Right to work, adequate wage, property & social securities are---- rights.
11.Right to hold public office & right to vote are ---- rights.
12. All Political rights are enjoyed only by ------
13. ------------- enjoy both civil and economic rights.
14. Foreigners/ Alien/citizens of other countries does not enjoy --- rights but enjoy ----
rights
Answers: 1.Recognized , enforced 2.Rights 3. H.J. Laski 4. T. H. Green 5. complementary
6. inter-related , inter-dependented 7. Civil 8 . Civil 9. Civil 10. Economic 11. Political
12. Citizens 13. All individuals of the state 14. political, civil and economic.
Answer within 75 words:
1.What is right?
 Rights are the common claims of people which every civilized society/state recognizes as essential
claims for their development, and which are therefore enforced by the state.
 Rights are powers necessary for the fulfillment of man’s vocation as a moral being.
 Rights are nothing more nor less than those social conditions which are necessary or favourable to the
development of personality.
2. What is natural right?
 Natural rights are those rights which are inherited by the individual from nature. Before the man
came to live in society and state, they used to live in a state of nature. In it, he 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 scholars regard the concept of
natural rights as imaginary.
 Rights are the products of social living. Behind the Rights, it is the recognition of society as common
claims for development, and that is why the state protects these rights.
3. What is moral right?
 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.
 The courts do not recognize these rights. Moral Rights include rules of good conduct, courtesy and of
moral behavior. These stand for moral perfection of the people Legal Rights
4.What is legal right?
 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.
5. What is civil right?
 Civil rights are those rights which are necessary for each individual to lead a civilized social life.
These fulfill basic needs of human life in society. Civil rights are protected by the law of the
state.
 Following are the various civil rights enjoyed by the individual.
i. Right to Life, ii. Right to Family life iii. Right to contract iv. Right to Religious freedom.V. Right
to Education vi.Right to Freedom of Thought and Expression vii. Rights to Freedom of
Movement
6.What is political right?
 Political rights are those rights through which citizens get a share and participate 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 in constructive way.
 Political rights are really available to the citizens only not to all individuals in a democratic state.
7. What is economic right?
 Economic rights are those rights which provide economic security to the individuals. The basic
needs of every person individual are related to his food, clothing, shelter, health facilities and
education etc.
 Without the fulfillment of these no individual 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.
Three Generation Rights
I. First-generation rights
 First-generation rights, sometimes called "blue" rights, all are
fundamentally civil and political rights. These serve negatively to
protect the individual from excesness action of the state.
 First-generation rights include, , the right to life, equality before
law, freedom of speech,, freedom of religion (all are civil rights),
right to hold public office, right to contest in election, voting rights
and right to criticize wrong policies of the Government (all are
political rights).
 These were pioneered by the United State’s Bill of Rights and
in France by the Declaration of the Rights Man and of the citizen in
18th century, Magna Carta of 1215 and the Rights of, which were
expressed in the British Bill of Rights in 1689. They were enshrined
at the global level and given status in international law first by
Articles 3 to 21 of the 1948 Universal Declaration of Human
Rights and later in the 1966 International Convent on civil Rights.
In Europe, they were enshrined in the European Convention on
Human Rights in 1953.
II. Second-Generation Rights:
 Second-generation human rights are related to equality and
began to be recognized by governments after World War II.
 These are fundamentally economic, social and cultural rights.
The second generation rights are also Secondary rights which
include a right to be employed in just and favourable
condition , rights to food, housing and health care , as well
as social security and unemployment benefits .
 Like first-generation rights, they were also covered by the
Universal Declaration of Human Rights, and further embodied
in Articles 22 to 28 of the Universal Declaration, and the
International Covenant on Economic, Social and Cultural
Rights.
 These rights are sometimes referred to as “red” rights. These
impose upon the government the duty to respect and promote
and fulfill them, but this depends on the availability of
resources. The duty of government is in the realization of these
positive rights.
III. Third-generation rights
 The Third-generation right includes such rights as are deemed essential for
the preservation of peace, clean environment, sustainable development and
humanitarian assistance. Third-generation rights are beyond the mere civil
and political rights.
 These rights are expressed in many progressive documents of international
law, including the 1972 Stockholm Declaration of the United Nations
Conference on the Human Environment , the 1992 Rio Declaration on
Environment and Development, and other pieces of generally aspirational
"law”.
 The term "third-generation rights" are also called “green” rights, collective
rights/solidarity rights. The broad spectrum of these rights, including:
 Group and collective rights
 Right to self determination
 Right to a healthy environment
 Right to natural resources
 Right to participation in cultural heritage
 Rights to intergenerational equity and sustainability
 Answer within 75 words
1.What are First Generation of Rights?
 First-generation rights, sometimes called "blue" rights, all are fundamentally civil and
political rights. These serve negatively to protect the individual from excesness action of the
state.
 First-generation rights include, , the right to life, equality before law, freedom of
speech,, freedom of religion, right to hold public office, right to contest in election, voting
rights and right to criticize wrong policies of the Government.
 These were pioneered by the United State’s Bill of Rights and in France by the Declaration of
the Rights Man and of the citizen in 18th century, Magna Carta of 1235.They were enshrined at
the global level and given status in international law first by Articles 3 to 21 of the
1948 Universal Declaration of Human Rights and later in the 1966 International Convent on
civil Rights.
2.What are First Generation of Rights?
 Second-generation human rights are related to equality and began to be recognized by
governments after World War II.
 These are fundamentally economic, social and cultural rights. The second generation rights are
also Secondary rights which include a right to be employed in just and favourable condition ,
rights to food, housing and health care , as well as social security and unemployment benefits .
 Like first-generation rights, they were also covered by the Universal Declaration of Human
Rights, and further embodied in Articles 22 to 28 of the Universal Declaration, and the
International Covenant on Economic, Social and Cultural Rights.
 These rights are sometimes referred to as “red” rights. These impose upon the government the
duty to respect and promote and fulfill them, but this depends on the availability of resources.
The duty of government is in the realization of these positive rights.
3.What are First Generation of Rights?
 The Third-generation right includes such rights as are deemed essential for the preservation of
peace, clean environment, sustainable development and humanitarian assistance. Third-
generation rights are beyond the mere civil and political rights.
 These rights are expressed in many progressive documents of international law, including the
1972 Stockholm Declaration of the United Nations Conference on the Human Environment ,
the 1992 Rio Declaration on Environment and Development
 The term "third-generation rights" are also called “green” rights, collective rights/solidarity
rights. The broad spectrum of these rights such as right to a healthy environment, right to
natural resources, right to participation in cultural heritage, rights to intergenerational equity
and sustainability.
Fill in blanks:
1. Third-generation rights" are called ----rights & ------rights.
2. The preservation of peace, clean environment, sustainable development and humanitarian
assistance includes in ------ rights.
3. Right to healthy environment, natural resources, participation in cultural
heritage, intergenerational equity and sustainability are ------- rights.
4. First-generation rights" are called ----rights.
5. Second-generation rights" are called ----rights.
6. All civil & political rights are ----rights.
7. The Economic rights are ----rights.
8. ------ rights are included in Articles 22 to 28 of the Universal Declaration Human Rights.
9. ------ rights are included in 3 to 21 of the 1948 of the Universal Declaration Human Rights.
Answers: 1. green, collective,2. Third-generation rights,3. Third-generation rights,4.blue,5.red,6.
First-generation rights,7.second-generation rights,8. second-generation rights,9. First-
generation rights.
Thank You