Lecture notes
13. Human Rights I - Introduction to HRA 1998
- Module
- Public Law
- Institution
- Kings College London (KCL)
13. Human Rights I - Introduction to HRA 1998
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BEK Chapter 14 – Human Rights ActHUMAN RIGHTS ACT
INTRODUCTION
What is meant by human rights?
o Classical civil and political rights
o Social and economic rights
o “Human rights are rights that every human being has by the sole virtue of being
human”
o 2 fundamental elements
Idea of universality – same human rights throughout; every human being
has rights
Challenged by cultural relativism, sovereignty, etc.?
Idea of equality – doesn’t matter on gender, race, ethnic origin
o Examples of human rights violations
Torture, Censorship, Violence against protest, Demonstrations for the right
to vote, Demonstrations against police brutality, Healthcare – live-saving
nature
o Idea of human rights really took hold after the atrocities of the WWII and the
Universal Declaration of Human Rights 1948
o “Rights that protect certain fundamental interests that all human beings have
against threats from others (often, but not necessarily, the state)”
Idea of fundamental interests special importance
o Priority = strong protection
Rights vs duties
Joseph Raz, The Morality of Freedom (1988, at 166): “X has a right if
… an aspect of X’s well-being (his interest) is a sufficient reason for
holding some other person to be under a duty”
E.g. right to life
o Does it impose a negative duty on state not to kill us? Does
it impose a positive duty on state to protect our lives? Does
it go further and impose a duty on the state for healthcare,
etc.?
Rights as common good
Rights as Trumps
Dworkin, Taking Rights Seriously, Pg 188: “when we say that
someone has a right to do something, we imply that it would be
wrong to interfere with his dong it, or at least that some special
grounds are needed to justify any interference”
E.g. war on terror
o What rights should be regarded as human rights
Disagreement on scope of rights
Universal Declaration of Human Rights
Often referred to by human rights activists
Civil rights or civil liberties
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