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Inalienable Rights

Inalienable Rights

What are Inalienable Rights?

Inalienable rights (also referred to as natural or human rights) are rights awarded to human beings that may not be taken away by a religious or governmental institution, except in specific situations and according to due process of the law. For instance, the right to liberty may be limited if an individual is found guilty of a felony by a formal court of law.

 Inalienable rights are rights that are not dependent upon the customs, beliefs or laws of any particular government or culture. Because of this standing, inalienable rights are universal. These rights are distinct from legal rights, which are those bestowed on to an individual by the law of a particular jurisdiction’s legal system, and thus are relative to specific governments and cultures.

A legal right may be codified by a statutory, constitutional, contractual, common, and regulatory or international law. A legal right is typically qualified by the law which created the right. A legal right can be enforced by the court of law against the individual who has invaded or infringed upon it. The right may be enforced by an injunction or a court order, which will prohibit the other part from infringing upon a right, through the delivery of monies to the holder of the legal right. If an individual’s right to liberty is violated, the individual may bring an action so that a court of law may order the party’s release.

By contrast, the theory behind a natural or inalienable law is related to that of a human right—many societies do not recognize a difference between the two fields of law, while others will choose keep the terms separate to eliminate features that are associated with natural rights. In a specific sense, natural rights are provided and upheld beyond the authoritative capabilities of any international body or government. The Universal Declaration of Human Rights is the premiere legal instrument responsible for enshrining a conception of natural rights into international law.

Inalienable rights are commonly interpreted and understood as the fundamental rights to which an individual is inherently entitled to, simply because they are human beings. As a result of this definition, inalienable rights are conceived as egalitarian and universal. The doctrine of inalienable rights is international in theory and practice; these rights are placed within global, international and regional institutions and in the policies of non-governmental entities throughout the world.

 

Philosophy of Inalienable Rights:

The philosophy of inalienable rights will attempt to examine the basis of the concept of human rights and examines its justification and content. One of the most widely accepted philosophies concerning inalienable rights attach the universal rights to natural law. Other theories state that inalienable rights codify general moral behavior sculpted as a human social product developed by a process of social and biological evolution.

Regardless of the approach, these philosophies examine the general notion that human beings in a society accept and subsequently behave rules from legitimate institutions in exchange for economic and security advantages.

The two primary theories that dominate contemporary inalienable rights discussions are the will theory and the interest theory. The will theory attempts to establish the validity of inalienable rights based on the human capacity for freedom, whereas the interest theory claims that the principal function of inalienable rights is to promote and protect certain indispensable human interests.

 

What are Human Rights?

Human rights, which are a form of inalienable rights, are the rights inherent to all beings, regardless of their place of residence, nationality, gender, ethnic or national origin, religion, language or any other status. As a result, all human beings are entitled to human rights without discrimination. Human rights are interdependent, indivisible and interrelated.

These types of inalienable rights are typically expressed and guaranteed by a nation’s set of laws, their treaties, and a customary application of international law, general principles or any other source or interpretation of international law. Because of these legal buttresses, human rights enforce certain obligations of a government institution to act in certain ways or to refrain from implementing certain acts, to protect and promote the fundamental freedoms of human beings.

The principle of human rights is based on the cornerstone of international law. The principle of international human rights law was formally emphasized in the Universal Declaration on Human Rights in 1948. Since this implementation, human rights have been reiterated through a number of international human rights conventions, resolutions and declarations. For example, the 1993 Vienna World Conference on Human Rights enforced the States to protect and promote all human rights and freedoms, regardless of the cultural, economic and political systems.

All states associated with the Declaration on Human Rights have ratified at least four of the core human rights treaties. This majority implementation creates legal obligations for the attached governments to promote and protect such rights on a universal level. Human rights are therefore deemed inalienable rights; they should never be stripped from an individual, except if the person seriously violated a law or under specific situations.

All human rights, whether they are political or civil, are interdependent and indivisible. For example, the right to life, the rights to work, the rights to receive education, or collective rights, such as the rights to self-determination and development are interrelated, interdependent and indivisible. These rights although different with regards to what they offer are related; the promotion of one right will facilitate the advancement of another, while the deprivation of one will adversely affect the others.

 

Rights offered by the Universal Declaration of Human Rights:

Article I: Human beings are born equal and free. Human beings are endowed with conscience and reason and should interact with one another in a spirit of brotherhood.

Article II: All human beings are entitled to the freedoms and rights set forth in their nation’s Declaration. These inalienable rights are awarded without distinction of any fashion, such as the color, language, religion, political or race of a being. Moreover, no distinction will be made on the basis of international, political or jurisdictional status of the nation to which an individual belongs or resides.

Article III: Every human being possesses the right to liberty, life and security.

Article IV: No human being will be held in servitude or slavery; the slave trade is prohibited in all forms.

Article V: No human being is subjected to cruel punishment. Torture or degrading treatment of an individual shall not be used as a form of punishment.

Article VI: Every human being maintains the right to recognition as a human before the law.

Article VII: All human beings are regarded as equal before the law. As a result, all human beings are entitled to equal protection. All human beings are entitled to equal protection against any form of discrimination in violation of the Universal Declaration of Human Rights and against any form of incitement to such discrimination.

Article VIII: All human beings have to right to secure an effective remedy by competent tribunals for acts which violate the fundamental rights granted to the individual by the constitution or law of the nation.

Article VIII: No human being shall be subjected to arbitrary detention, exile or arrest.

Article X: Every human being is entitled to a fair and public hearing by an impartial and independent tribune, in the determination of the individual’s obligations and rights and of any charge against him or her.

Article XI: Any human being charged with a penal violation will be presumed innocent until he or she is proven guilty according to law in a trial. No human being shall be deemed guilty of any offence on account of any omission or act which did not establish a violation under national or international law at the time it was committed. 

Article XII: No human being will be subjected to arbitrary interference with the individual’s family, privacy, home or correspondence. Every human being has the right to be protected by law against attacks or interference.

Article XIII: Every human being has the right to freedom of residence and movement. Every human being has the right to leave any nation, including his own, and the right to return to his nation.

Article XIIV: Every human being has the right to enjoy and seek in other nations asylum from persecution.

Article XV: Every human being has the right to a nationality.

Article XVI: Human beings of a legal age possess the right to marry and start a family. These individuals must enter marriage only if full consent of the spouses is realized. The Universal Declaration of Human Rights states that the family is the fundamental unit of a society and is therefore entitled to protection by the society in a nation.

Article XVII: Every human being has the right to own property; no individual shall be deprived of the right to own property.

Article XVIII: Every human being has the right to freedom of thought, religion and conscience. This human right includes the right to change religions or beliefs.

Article XIX: Every human being has the right to freedom of expression and opinion. This human right includes the freedom to hold opinions without being impeded from seeking, receiving or interpreting ideas through any form of media.

Article XX: Every human being has the right to freely assemble and associate in a peaceful manner. No human being may be compelled to belong to any organization or association if said groups do not break the law.

Article XXI: Every human being has the right to participate in his or her nation’s government, directly or through its representatives. Every human being has the right of equal access to serve in his or her country. The will of people is the basis of the authority of a government.

Article XXII: Every human being, as a member of society, has the right to social security.

Article XXIII: Every human being has the right to work. Humans are awarded the right to choose employment and are awarded favorable conditions in their work environment. Human beings are awarded financial protections against unemployment. Every human being has the right to join or form trade unions for the protection of the individual’s interests.

Article XXIV: Every human being has the right to rest and vacation; these rights are awarded to limit working hours and provide holiday periods with pay.

Article XXV: Every human has the right to enjoy a standard of living that is adequate for the well-being of him or herself. These rights include the right to secure clothing, housing, medical care, social services and food. Education is also directed to develop human beings and strengthen the respect of human rights and freedoms. The delivery of education promotes the understanding and unification of race, religious groups and nations. Parents enjoy the right to choose the type of education that shall be provided to their children.

Article XXVI: Everyone has the right to receive education. Education is offered as free at least in the fundamental stages of a child’s life. Elementary education is compulsory. Professional and higher education is available and accessible on the basis of merit.

Article XXVII: Every individual has the right to participate in the community and has the right to enjoy the arts and to share in the advancement of the practice. Every human being is awarded the right to protection of their material and moral interests resulting from any artistic production of which he or she is the author.

Article XXVIII: Every human being is awarded the right to receive any liberties or rights expressed in their nation’s constitution.

Article XXIX: Every human being is responsible for bolstering the community through the construction of a free and fully personality.

 

 

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