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Rights

An individuals entitlement/claim to something.


A person is entitled to act in a certain way or have
others act in a certain way towards him.
Rights entitle us to make claims on other people
to refrain from interfering in what we do or to
contribute actively to our wellbeing.
If one person has a right to do something, others
members of his /her society have an obligation to
respect his right.
Hohfeld's types of rights

Claim Right : Right which entails/demands that another


person has a duty to the right-holder. Example: Right
generated by a contract and accompanied by associated
duties, claim right on product service under warranty.
Liberty Right/ Privilege Rights: A liberty right or
privilege, in contrast, is simply a freedom or permission
for the right-holder to do something, and there are no
obligations on other parties to do or not do anything.
Example: Right to free speech
Power Right: Right involves exercise of power. A
person is authorized to do something either to secure
ones own interest or interest of others. Example: A
property owner has the power to do as he pleases with
his property. A deed( legal document)
Immunity Rights: Specific rights, when a person is
protected from the actions of others. Example:
Immunity provided to the members of parliament for
whatever they say inside the parliament or the right of the
young, elderly and disabled not to join the army.
Basis of Rights

1. Legal Rights:
Legal rights are based on a society's customs, laws, or
actions by legislatures(law making bodies). An example of a
legal right is the right to vote of citizens. Citizenship, is
often considered as the basis for having legal rights, and has
been defined as the "right to have rights".
2. Moral Rights:
Authority derived as a result of code of morality shared by
members of a community independently of the legal
system. This is enforced by the conscience of the
individuals, the customs of the community or the pressure
of the public opinion.
3. Positive rights versus negative rights
Positive Rights: permission to do something or an
entitlement/claim to a specific service or treatment from
others.
Negative rights: allow /require/ permit inaction, doing
nothing. Example, Australia, provides positive right to
vote but no negative right to not vote, since voting is
compulsory.
4. Contractual Rights :
Contractual Duties and rights are limited rights and
correlative duties, that arise when person enters
agreement with another person.
5. Natural rights are rights which are "natural" in the sense of
"not artificial, not man-made", as in rights deriving from human
nature, or are god given.
An individual enters into society with certain basic rights and no
government can deny these rights.
They are universal; that is, they apply to all people,
These are not derived from the laws of any specific society. They
exist necessarily, in every individual
These are sometimes called moral rights or inalienable( cant be
taken away) rights.
For example, humans have a natural right to life, liberty and property.
human equality, dignity and responsibility.

6. Human rights: Human Rights are those basic standards


without which people cannot live in dignity.
Have rights that cannot be violated by anyone or by any
society.
inherent, universal rights of human beings regardless of
location or other factors, such as ethnicity, religion,
nationality or gender.
Human Rights are the rights to which are people are
entitled by virtue of being human.
Example: Right against physical or psychological abuse,
protecting human dignity,
Recognition
Act of recognizing someone when you see him/her or
identifying something when you see it.
Recognition is also understanding and acceptance of a fact
or a situation. It also means official acceptance that something
is valid / proper.
It means people need approval and respect of others to
develop self confidence, self esteem and self respect.
In the field of International relations among nations,
recognition is symbolised by establishing diplomatic
relations, exchanging ambassadors and accepting
membership of others in the United Nations.
Neera Chandhoke:we must be conscious of ourselves when
we see others have become conscious of us. In other words, we
recognise ourselves through the eyes of others.
Politics of Recognition:

Refers to the chorus of claims and aspirations voiced on


behalf of groups defined by a sense of shared cultural ,
national, ethnic, racial, religious, gender, or sexual
identity.
Recognition, is a recognition of difference.
Equal moral and political status cannot be achieved
unless social institutions become more attentive to
cultural differences.
Multiculturalism and Diversity:

Cultures need to be respected and validated though


explicit acts of recognition.
Cultures which have been marginalised need to be
revalued in public sphere through group representation.
If minority cultures are decaying because of benevolent
neglect or subject to attacks , they should be protected
through special measures such as minority rights.
Diversity involves expanding cultural, intellectual,
spiritual horizons, of all individuals, enriching our world
by exposing us to different cultural and intellectual
perspectives thereby increasing our possibilities for
intellectual , spiritual growth , exploration, and
enlightenment.
Misrecognition/ Non
Recognition:

Non Recognition: The process of being rendered invisible


via the authoritative, representational, communicative, and
interpretative practices of ones culture.
Disrespect in being routinely maligned, disparaged(devalued)
in public and everyday representations.
Example: Cultural domination- being subjected to patterns
of interpretation and communication that are associated with
another culture, and are alien and hostile to own.
Misrecognition is distinctive social harm, it is a significant
social injustice when linked to access to resources,
opportunities, power, voice and makes people vulnerable to
deprivation and abuse.

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