Rights, Liberties, Freedoms: A Reappraisal

1963 ◽  
Vol 57 (4) ◽  
pp. 841-854 ◽  
Author(s):  
Carl J. Friedrich

When President Roosevelt proclaimed the “Four Freedoms” in 1941, he accepted a new conception of human rights far removed from the natural rights of the seventeenth and eighteenth centuries. The conception of rights which inspired the British Bill of Rights (1689), the Declaration of Independence (1776) and the Declaration of the Rights of Man and Citizen (1789) is grounded in simple natural law notions. Man was believed to have a fixed and unalterable nature, to be endowed with reason, which gave him certain rights without which he ceased to be a human being. These natural rights, summed up in the Lockean formula of “life, liberty and property” (later broadened to include the pursuit of happiness), were largely concerned with protecting the individual person against governmental power. Each man was seen as entitled to a personal sphere of autonomy, more especially of religious conviction and property; the inner and the outer man in his basic self-realization and self-fulfillment. These rights depended in turn upon the still more crucial right to life-that is to say, to the self itself in terms of physical survival and protection against bodily harm. This right to life was recognized even by absolutists, like Thomas Hobbes. It was believed immutable, inalienable, inviolable. Locke exclaimed at one point that these rights no one had the power to part with, and hence no government could ever acquire the right to violate them.

2021 ◽  
Vol 5 (S2) ◽  
pp. 831-847
Author(s):  
Nguyen Anh Quoc ◽  
Nguyen Minh Tri ◽  
Nguyen Trinh Nghieu ◽  
Pham Thi Dinh ◽  
Dinh Van Chien ◽  
...  

Liberty, and necessity are the premise for the perception of the relationship between man and nature. When objects exist in nature, individuals exist in people. Nature and man are a unity between the body and the individual in behavior. The successive act of liberty to fill the temporal gaps in the exercise of the right to life and the pursuit of happiness is the object of human science. Liberty is in itself, due to it, but depending on historical circumstances and conditions, liberty depends on different objects, knowledge, and needs of individuals, making behavior about necessity become liberty about responsibility. Individuals are acts of knowledge, with a will, and liberty is acts of intelligence and reason. When private ownership comes into being, liberty about the property becomes liberty about norms. Organizations become a means of subsistence that makes standards false. To submit to falsehoods in the course of living is a slave. The abolition of slaves is the subject of liberty. In the condition that there is no more antagonistic division of labor, diversity of occupations, an abundance of sexual orientation, and false standards are fully discovered, work and gender are equally noble and equal. 


Author(s):  
Nizar Smitha

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.


Author(s):  
Rhona K. M. Smith

This introductory chapter introduces the theme of this book, which is modern international human rights law. The book traces the unprecedented expansion in the internationally recognized rights of all people with acceptance of a human rights dimension to the quest for international peace and security following the formation of the United Nations in 1945. It examines the International Bill of Rights and the regional protection of human rights, and describes several human rights organizations including the Organization of American States and the African Union. The book discusses different types of rights, including the right to life, the right of liberty to persons, and the right to work, and also evaluates the monitoring, implementation, and enforcement of human rights laws.


2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.


Author(s):  
Janilce Silva Praseres ◽  
Marcelo Ramos Saldanha

Abstract: human rights are a set of ethical values whose purpose is to protect and enable the realization of human dignity in its various dimensions and also prevent the reduction of the individual to the condition of object or, above all, the reduction of his condition as subject of rights, such as the right to life, freedom, security, equality. The universal character of human rights protection demonstrates some weaknesses, especially in the transposition into concrete legal systems, so what we propose is a brief analysis of human rights from Hannah Arendt.Uma Breve Análise Acerca dos Direitos Humanos a partir da Crítica de Hannah ArendtResumo: os direitos humanos são um conjunto de valores éticos que têm por finalidade proteger e possibilitar a realização da dignidade humana em suas várias dimensões e, ainda, impedir a redução do indivíduo à condição de objeto ou, sobretudo, a diminuição da sua condição na qualidade de sujeito de direitos, a exemplo o direito à vida, à liberdade, à segurança, à igualdade. O caráter universal de proteção aos direitos humanos demonstra algumas fragilidades, principalmente, na transposição para ordenamentos jurídicos concretos, assim, o que propomos é uma breve análise acerca dos direitos humanos a partir de Hannah Arendt.


2018 ◽  
Author(s):  
Анастасия Сергеевна Шабанова

The right to life is the highest value, is the basis of all other human rights and freedoms, but Russian legislation does not contain a definition of a person's life. In legal science, the right to life is interpreted as the right of the individual to freedom and personal integrity, health protection, reducing the problem to the abolition of the death penalty and euthanasia. The article deals with issues that are especially relevant in connection with the development of artificial methods of reproduction: from when does the right to life arise and whether the embryo has a legal value.


The core principle derived from evaluation of the data is that the number of women in IT (or any career) is not a matter of the balance of societal forces, which we can push one way or another with the right lever. It comes down to the individual and her pursuit of happiness through her own values. This puts the individual at the core of the STEMcell Model. The influencing factors of philosophy, values, rights, assumptions, strength, self belief, interests, differences, ability, curiosity, creativity, and reality are explored in this chapter in that context. The centrality of individual choice does not mean there is nothing we can do about remaining barriers, but it does mean that empowering the individual (especially through the disruptive technologies of #SocialIT) and accepting their choices is the solution. The answer to collectivist prejudices about “women” is not collectivist actions that accept the same underlying assumption, but is instead recognising that the only differences that matter are individual ones. Contrary to beliefs that the low proportion of women in IT should be viewed through a gender or culture lens, the results and analyses in this book indicate that not only is innate interest the main driver of an IT career, but most women with that interest are perfectly capable of discovering it themselves. And that is why no single “solution” has been found, and why a wide variety of interventions have had no significant impact—because there is no generic solution to finding out “what women want”—individually.


Author(s):  
Bernadette Rainey

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first explains the background and rationale for the formation of the European Convention on Human Rights (ECHR), tracing its roots to the Council of Europe that was formed in 1949 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) established a year later. It then looks at the different kinds of human rights embedded in the ECHR, including the right to life, right to a fair trial, freedom of expression, right to property, and right to free elections. The chapter also provides an overview of the European Court of Human Rights (ECtHR), along with the major changes made to its complaints system and how it interprets the Convention rights. Finally, it considers the ECtHR’s use of proportionality and margin of appreciation doctrines to find the balance between the rights of the individual and the community when deciding upon qualified rights.


Author(s):  
Rosamond Rhodes

Debates in the abortion literature typically rely upon crude versions of ethical naturalism. Pro-choice advocates invoke the absence of psychological characteristics such as the capacity to reason to support the claim that fetuses do not have a right to life; pro-life advocates invoke biological characteristics such as the human genome to support the claim that the fetus does have that right. Yet such arguments notoriously transition from claims of fact to moral claims. In contrast, constructivism offers a novel and useful approach to the abortion debate. In this chapter, I provide a constructivist account of the ethics of abortion. On this account, the fetus’s right to life derives from parents taking on the obligation to care for and nourish their future child. This constructivist account of the right to life as a special personal obligation offers a dramatic challenge to natural rights theorists’ paradigmatic example.


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