Human Rights Theories : Report

Added on -2019-09-18

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1. Define the following: a right, a legal right, a moral right, a human right. How are they related?Right can be described as a legitimate claim or may be considered as an entitlement to any kind of treatment that others exercise on an individual or those conditions when others shouldnot interfere and even show supportive treatment. It may be otherwise stated that right is something to which an individual is permitted by humanity as a whole and anything that stands in between a person to enjoy the rights should be morally eliminated by community or society. A human being cannot flourish or identify his/her best qualities without being exposed to the individual rights. Awareness of self rights makes an individual more confidenton the path of life and they can contribute better towards fellowmen as well as the society. Rights can be described very well by the following words of Laski, “Rights are those conditions of social life without which no man can seek in general, to be himself at its best” (Civil Service India, 2018). The legal rights may be defined as those rights which the constitution and the legal system of the nation permit to the citizens and also the rights which are allowed by the concerned authority within the system (Campbell, 2017). The moral rights can be also called the creator’s rights. This right is imposed to offer respect and safeguard the ownership of a creation of a creative person. Hence, this right protects the creation of a creator and proclaims to the world the rights of the creator over his work even after his/her demise and nullify any rights of any other person who has no contribution towards the creation. This right also protects any invasion on the work of a creator like distorting of the creation in any form or harming the reputation of the creator by any means (Copyright Agency, 2018). This right also looks upon the fact that the original creator may give consent to modify his/her work for creating a different form of art or any such creative
attempt done with good intentions by acknowledgement to the original creator. For example, Jane Austen’s Pride and Prejudice (1813) was remade into a film by director Joe Wright in the year 2005. Moral rights are enjoying the copyrights of a work of creation where one can enjoy the fruits of royalty and also sell the work to earn.Human rights are those rights that are inherent to all human beings irrespective of nationality,place of residence, sex, ethnicity, skin color, religion, language, etc. (United Nations Human Rights, 2018). Every human being is equally entitled to human rights without any form of discrimination and all such rights are intricately related, interdependent, and are indivisible (United Nations Human Rights, 2018). 2. What three features define a moral right?The moral rights can be also called the creator’s rights. This right is imposed to offer respect and safeguard the ownership of a creation of a creative person. The three features that define a moral right are equality, inalienability, and universality (“Moral Rights”, n.d.). 3. How do we know that people have rights? What is the basis of the moral rights according to a utilitarian view? According to Immanuel Kant?There are some universal moral principles that are applicable to every human being and it is due to such application that we can say that people have rights. Moreover, it must be noted that when analyzed from the legal perspective it can be said that people have rights. Every human being has lawful right because every individual dwells within a lawful framework thatensures the presence of such rights. According to the views of the Utilitarian philosophy every human being has moral rights because the possession of moral right maximizes utility. According to Immanuel Kant every human being should be entitled to be treated as a free person equal to every other human being and that is the reason why every human being

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