Is Hart's Natural Right a Human Right?

Ethics ◽  
1970 ◽  
Vol 80 (3) ◽  
pp. 236-237
Author(s):  
Robert L. Simon
Keyword(s):  
Human Right ◽  
Natural Right

Are Human Rights Universal?

2020 ◽  
pp. 190-218
Author(s):  
Nigel Biggar
Keyword(s):  
Human Rights ◽  
Specific Form ◽  
Legal Rights ◽  
Moral Claim ◽  
Human Right ◽  
International Human Rights ◽  
International Consensus ◽  
Natural Right ◽  
International Human ◽  
Moral Superiority

Broadly speaking, a human right is the same as a natural right, insofar as it is the property of anyone participating in human nature. However, ‘human rights’ usually refers to those bodies of rights that have attracted international recognition by states since 1945. Rights subscribed to by states possess a special authority that derives from national recognition, is confirmed by some international consensus, and is reinforced by international courts. This legal authority endows a natural, moral claim with the characteristic force of ‘a right’. From the early 1970s, international human rights have provoked the complaint from non-Western societies that they embody ‘neo-imperialist’ assumptions about the intellectual and moral superiority of Western culture. This chapter examines that complaint. It concludes that the human goods that rights seek to protect are universal, and it is therefore unlikely that any society has ever existed without establishing customary or legal rights that enjoy some security. Moreover, there is empirical evidence that some non-Western societies have in fact established rights, many of them familiar to Westerners. There are, however, different ways in which a good can be protected by a legal right, and the way chosen by a particular society will be shaped by its historical, cultural, and other circumstances. Therefore, while the good to be protected is universal, and while the means of protecting it by establishing a right is very probably universal, the specific form of the protective right will not be universal.

Is there a natural right to healthcare?

Human Affairs ◽  
2012 ◽  
Vol 22 (4) ◽  
Author(s):  
Sean Rife
Keyword(s):  
United States ◽  
Healthcare Costs ◽  
The United States ◽  
Natural Rights ◽  
Moral Rights ◽  
Access To Services ◽  
Human Right ◽  
Natural Right ◽  
Policy Debates ◽  
American Society

AbstractIn recent years, policy debates in the United States have focused heavily on rising healthcare costs and what measures can be taken to ensure greater provision of healthcare to individuals of limited means. Much of the rhetoric on this subject has taken on an explicitly moral character, and one common sentiment is that healthcare is or should be viewed as a basic human right. However, the notion of a right to healthcare has not been well articulated, and critics have failed to distinguish between legal and moral rights. Additionally, there are numerous problems inherent to viewing healthcare as a basic human right-many of which are in direct conflict with distinctly American conceptualizations of rights. The present paper reviews the debate over “rights”-both legal and natural-to healthcare, and argues that problems associated with natural rights arguments render them severely compromised. Instead, market systems commonly accepted in American society may be better suited to reducing healthcare costs and increasing access to services in the United States.

UNIVERSALITAS DAN PARTIKULARITAS HAK ASASI MANUSIA DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Abdullah Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Human Subjects ◽  
Fundamental Rights ◽  
Human Beings ◽  
Human Right ◽  
Natural Right ◽  
Basic Rights

Human rights are a fundamental right or fundamental rights of existing and human beings, often called the human rights (human rights). So human rights are basic rights or the rights of human subjects brought from birth as a gift / gift of God Almighty. This right is fundamental in nature and is a natural right that can not be separated from and in human life.Marriage is a basic human right that is rights to form families in marriage and with their particularities in the Marriage Act which regulates marriage, will result in their universality and particularity of human rights in the regulation of marriage in Indonesia.Universality and particularity of human rights in Law No. 1 Year 1974 on Marriage. So this study can answer the question about how the universality of human rights in Law No. 1 Year 1974 on Marriage and how the particularity of human rights in Law No. 1 Year 1974 on Marriage.

Fictions of the Human Right to Health: Writing Against the Postcolonial Exotic in Western Medicine

2018 ◽  
Author(s):  
Rosemary J. Jolly
Keyword(s):  
Health Research ◽  
Western Medicine ◽  
Scientific Method ◽  
Medical Humanities ◽  
Right To Health ◽  
The Body ◽  
Health And Wellness ◽  
Human Right ◽  
Cultural Specificity ◽  
The Social

The last decade has witnessed far greater attention to the social determinants of health in health research, but literary studies have yet to address, in a sustained way, how narratives addressing issues of health across postcolonial cultural divides depict the meeting – or non-meeting – of radically differing conceptualisations of wellness and disease. This chapter explores representations of illness in which Western narrators and notions of the body are juxtaposed with conceptualisations of health and wellness entirely foreign to them, embedded as the former are in assumptions about Cartesian duality and the superiority of scientific method – itself often conceived of as floating (mysteriously) free from its own processes of enculturation and their attendant limits. In this respect my work joins Volker Scheid’s, in this volume, in using the capacity of critical medical humanities to reassert the cultural specificity of what we have come to know as contemporary biomedicine, often assumed to be

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

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