states, rights and constitution

Post 1

Topic

What are “rights” in society? From where do rights originate? Can rights be created? Are rights universal? Should they be? If so, which ones? Use these questions to spark a discussion on the contested nature of political rights in society and the subsequent difficulty in providing constitutional protections for them.

Human rights in society include legal, social, or ethical principles of freedom or entitlement Rights are the fundamental rules of society about what is allowed and not allowed. Rights are considered vital to all civilizations because they  are regarded as established pillars of society (Links to an external site.) and culture. Some may argue that  rights originate from the founding fathers and even before the founding fathers. Some may argue that our creator gave us these Human rights. But from what I have researched, rights go back to the constitution. Our basic rights were created when this country was founded. I feel that rights can be created for example i think a great right that was recently created was the right for same sex marriage. I believe that we should have the right to create new rights to go with how society is changing. We cannot live in a world that is changing so fast without being able to change and create human rights. Yes some rights are universal, some rights that are universal include the universal declaration of human rights. Yes I think that all human rights should be universal. Everyone should possess the same rights. I feel that it is very difficult to protect these human rights because not everyone is always going to agree on the same thing. I feel that these rights should be protected and we need to work towards that now and in the future.

Works cited

Human rights; researchers at the University of Connecticut have reported new data on human rights (the foundations of a human right to health: Human rights and bioethics in dialogue). (2015, Jul 30). Politics & Government Week Retrieved from https://search.proquest.com/docview/1698150487?accountid=131932 (Links to an external site.)

The legalization of human rights; multidisciplinary perspectives on human rights and human rights law. (2006). Reference and Research Book News, 21(4) Retrieved from https://search.proquest.com/docview/199688390?accountid=131932

Reply:

Besides rights being fundamental rules of freedom and entitlement, I found that they are normative. They are societal standards inherent for all human beings, to dignity, freedom, equality, justice, and peace through a legal system, social convention, or ethical theory. Natural rights, such as the right to life, originate from deity or nature (González García, 2018). But with the law, rights can be created, such as human rights in the Universal Declaration of Human Rights (UDHR). Other legal rights that are humanmade include civil rights, political rights, and economic rights documented in legal books such as the constitution. Since there are no lesser human beings, all rights should be universal, which is the universality principle of the UDHR’s legal framework (Quintavalla & Heine, 2019).

References

González García, A. (2018). Natural law and human rights. ADVOCATUS, 2(29). https://doi.org/10.18041/0124-0102/advocatus.29.1710

Quintavalla, A., & Heine, K. (2019). Priorities and human rights. The International Journal Of Human Rights, 23(4), 679-697. https://doi.org/10.1080/13642987.2018.1562917

Post 2

Topic

What are “rights” in society? From where do rights originate? Can rights be created? Are rights universal? Should they be? If so, which ones? Use these questions to spark a discussion on the contested nature of political rights in society and the subsequent difficulty in providing constitutional protections for them.

The rights in the society are the human rights. According to United Nations’ website, human right include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is is entitled to all these rights and shouldn’t be discriminated in any way. These rights originate from Universal Declaration of Human Rights (UDHR). Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A (Links to an external site.)) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages (Links to an external site.) (Human Rights). There is a process when creating rights. For a right to be created, United Nations is involved and a lengthy procedure should be followed. Enactment in national and international law is clearly one of the ways in which human rights exist (Nickel, 2019). Human rights are universal because everyone is born with it regardless of gender, race, cultural background. There a big issue on human rights now during pandemic. The limitations and restrictions on people’s lives due to the COVID-19 pandemic is causing discussions. Others are saying that a balance should be placed between saving lives from Covid 19 virus and allowing people the freedom that they deserve in terms of going out. 

References:

Human Rights. (n.d.). Retrieved October 22, 2020, from https://www.un.org/en/sections/issues-depth/human-rights/ (Links to an external site.)

Nickel, J. (2019, April 11). Human Rights. Retrieved October 23, 2020, from https://plato.stanford.edu/entries/rights-human/

Reply:

The UDHR was developed to stop and limit the brutal acts that had outranged people’s conscience during World War II. The rights declared are based on a legal framework and thus originate from humans (Quintavalla & Heine, 2019). That is, they are humanmade. I also think that rights should be amended or evolved based on the changes in civilizations. For instance, new changes in society, such as artificial intelligence, have led to new possibilities and potential risks to people’s conscience. As such, new rights should be created where necessary. Besides, some rights are natural or come from deity or nature. For instance, everyone has the right to life, which is not given by another human being (González García, 2018). All rights should be universal, as the UDHR has already intended them.

References

González García, A. (2018). Natural law and human rights. ADVOCATUS, 2(29). https://doi.org/10.18041/0124-0102/advocatus.29.1710

Quintavalla, A., & Heine, K. (2019). Priorities and human rights. The International Journal Of Human Rights, 23(4), 679-697. https://doi.org/10.1080/13642987.2018.1562917