What Is rights
Download as PPT, PDF21 likes21,064 views
This document discusses the meaning and importance of rights. It defines rights as conditions granted by the state for public welfare. Rights can be positive or negative and every right corresponds to a duty. The document then classifies rights into moral rights and legal rights. Moral rights are based on ethics while legal rights are recognized and enforced by law. It provides examples of different types of legal rights like civil rights, political rights, and economic rights. It also discusses the fundamental rights granted by the Indian constitution like right to life, equality, freedom of speech and religion.
What Is rights
- 1. By Anjana, Anubhav, Nisha, Saurav and Shreyas
- 3. Rights are those conditions granted by the state under situations and circumstances for the welfare of the people Rights maybe positive or negative Every right has a corresponding duty Every right is restricted
- 4. Old English riht (West Saxon, Kentish), reht (Anglian), "that which is morally right, duty, obligation," also "rule of conduct; law of a land;" also "what someone deserves; a just claim, what is due; correctness, truth; a legal entitlement, a privilege,"
- 5. Rights are recognized by the society They are granted to the people by the state Rights and duties are co related Rights are dynamic in nature Rights are related to politics but they differ in their nature
- 7. Moral Rights Legal Rights Civil Rights Political Rights Economic Rights Legal Rights Fundamental Rights Human Rights
- 8. 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. 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 justiciable.
- 9. 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 Gandhiji through Satyagraha- 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 farreaching consequences.
- 10. These rights are recognised by the state and is also enforced by the state. In the event of any breach of such rights and privi-leges one can take shelter in the court of law. Therefore, these rights are enforceable in a court of law. The legal rights are of three kinds such as Civil Rights, Political Rights and Economic Rights. Some of these rights are given next:
- 12. "Civil rights" are the Basic rights .It is sanctioned by the government . "Civil rights" are the rights of individuals to receive equal treatment (and to be free from unfair treatment or "discrimination") in a number of settings -- including education, employment, housing, and more -- and based on certain legally-protected characteristics.
- 13. The "Civil Rights Movement" referred to efforts toward achieving true equality for African-Americans in all facets of society, but today the term "civil rights" is also used to describe the advancement of equality for all people regardless of race, sex, age, disability, national origin, religion, or certain other characteristics.
- 14. Right to Life Right to Family it Implies the freedom of the person to lead a personal life in accordance with legal conditions . Right to Equality of law Every citizen has to freedom to life .no one has right to harm others or they have the right to take their own life . Every citizens will be treated equally in the eyes of law . Right to Religion No one can tell you to change your religion ,it is implies that every citizen is having to freedom any religion practice in the own interest .
- 15. Right every citizen has a freedom of speech to express . Right to freedom of profession :- every citizen has to choose the profession which is legal . Right to freedom of movement :- Every person has to permitted to move anywhere in India except J&K . Right to freedom of speech :- to form association :- Any association should have to registered mark . Every citizen can form an association which is legal .
- 16. Right to property :- every citizen can buy and sell property legally .it also implies that govt. has power to take it from you . Right every to social security :- citizen has a right for social security .
- 18. Right Every Citizen has a freedom to choose their representative. Right to contest in election: Every citizen is free to participate in the affairs of state by contesting in the election, e.g- if a person wants to stand for Rajya Sabha, he has to be above 3o yrs, for Lok Sabha he has to be above 25 yrs. Right to vote: to public employment: Every citizen has a freedom to try for the government post or the jobs, however government can prescribe reservations and conditions.
- 19. Right to petition: Every citizen has a freedom to give a petition of request to solve their respective problems. Right to criticize the government: Every citizen has the freedom to criticize the government, if they are not performing in accordance with the constitution.
- 20. Economic rights are the rights by which you can lead your life or fulfil the basic needs. Right to work: Right to property: Every citizen has the right to own and sell property. Right to economic security: Every citizen has the right to choose the nature of job. right to entitlement of economic securities like, pension, Provident fund, assets, Savings account, etc. Right to rest: Basic right.
- 22. Fundamental rights is a charter of rights contained in the constitution of India. It guarantees civil liberties to the citizens of India which include individual rights common to most liberal democracies. The Fundamental rights are basic human freedoms which every Indian citizen has the right to enjoy.
- 23. ARTICLE 14 - The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. All are equal in the eyes of law ARTICLE 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth ARTICLE 16 - Equality of opportunity in matters of public employment ARTICLE 17 - Abolition of Untouchability. Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law. ARTICLE 18 - Abolition of titles
- 24. ARTICLE 19 Protection of certain rights regarding freedom of speech, etc. (1) All citizens shall have the right (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business.
- 25. ARTICLE 20 No one can be awarded punishment which is more than what the law of the land prescribes at that time. Moreover, the person accused of any offence shall be compelled to be a witness against himself. ARTICLE 21 Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law
- 26. ARTICLE 22 Protection against arrest and detention in certain cases (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
- 27. ARTICLE 23 Prohibition of traffic in human beings and forced labour.- (1) Traffic in human beings and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. ARTICLE 24 Prohibition of employment of children in factories, etc.- No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
- 28. ARTICLE 25 Freedom of conscience and free profession, practice and propagation of religion.- All persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. ARTICLE 26 Freedom to manage religious affairs. All have the right to to establish and maintain institutions for religious and charitable purposes, to manage its own affairs in matters of religion, to own and acquire movable and immovable property, to administer such property in accordance with law.
- 29. ARTICLE 27 Freedom as to payment of taxes for promotion of any particular religion. No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. ARTICLE 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions. State run institutions cannot impart education that is pro-religion.
- 30. ARTICLE 29 Protection of interests of minorities.- (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
- 31. ARTICLE Right 30 of minorities to establish and administer educational institutions. All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. In granting aid to institutions, the state cannot discriminate against any institution on the basis of the fact that its administered by a minority institution.
- 32. Every citizen can buy properly and sell properly legally. Government can acquire property in the name of public welfare.
- 33. Right to move the Supreme Court for the enforcement of fundamental rights. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.
- 34. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem To cherish and follow the noble ideals which inspired our national struggle for freedom; To uphold and protect the sovereignty, unity and integrity of India To defend the country and render national service when called upon to do so To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
- 35. To value and preserve the rich heritage of our composite culture; To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; To develop the scientific temper, humanism and the spirit of inquiry and reform; To safeguard public property and to abjure violence; To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
- 37. Human Rights are more than Values and behaviours that we think other countries don’t hold or implement, so we often claim they don’t value Human Rights as well as we do Belong to everyone – they can’t be taken away from marginalised individuals Are about the relationship between the state and individuals Provide a floor, not a ceiling, of basic standards, below which the state must not fall and which it must protect or fulfil
- 38. KEY PRINCIPLES: Fairness Respect Equality Dignity
- 39. Definitions HUMAN RIGHTS are the rights that all people have by virtue of being human beings. HUMAN RIGHTS are derived from the inherent dignity of the human person and are defined internationally, nationally and locally by various law making bodies. HUMAN RIGHTS is defined as the supreme, inherent, and inalienable rights to life, to dignity, and to self-development. It is concerned with issues in both areas of civil and political rights and economic, social and cultural rights founded on internationally accepted human rights obligations
- 40. RIGHTS – moral power to hold (rights to life, nationality, own property, rest and leisure), to do (rights to marry, peaceful assembly, run for public office, education), to omit (freedom from torture and cruel, inhuman or degrading punishment, freedom from arbitrary arrest, detention or exile) or to exact something (equal protection of the law, equal access to public service, equal pay for equal work) HUMAN RIGHTS coined by Eleanor Roosevelt to replace Rights of Man
- 41. Human rights are more than legal concepts: they are the essence of man. They are what make man human. That is why they are called human rights; deny them and you deny man’s humanity (Jose Diokno)
- 42. Universal Internationally guaranteed Legally protected Protects individuals and groups Cannot be taken away Equal and indivisible Obliges States and State actors
- 43. Article 1. All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
- 44. Article 3. Everyone Article has the right to life, liberty and security of person. 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6. Everyone has the right to recognition everywhere as a person before the law.
- 45. Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article No 9. one shall be subjected to arbitrary arrest, detention or exile.
- 46. Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article (1) 11. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
- 47. Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 13. (1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country. Article 14. (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
- 48. Article (1) 15. Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16. (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
- 49. Article 17. (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property. Article Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 18. 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
- 50. Article 20. (1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association. Article 21. (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
- 51. Article 22. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests.
- 52. Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25. (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
- 53. Article 26. (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (3) Parents have a prior right to choose the kind of education that shall be given to their children.
- 54. Article 27. (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 28. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
- 55. Article 29. (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. (1) Everyone has duties to the community in which alone the free and full development of his personality is possible. (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.