Rights in the context of Humanists International


Rights in the context of Humanists International

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⭐ Core Definition: Rights

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are an important concept in law and ethics, especially theories of justice and deontology.

The history of social conflicts has often involved attempts to define and redefine rights. According to the Stanford Encyclopedia of Philosophy, "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived".

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Rights in the context of Legal

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law.

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Rights in the context of Human rights

Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education.

While ideas related to human rights predate modernity, the modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity, freedom, and justice. The Universal Declaration of Human Rights (UDHR) has since inspired numerous international treaties and national laws aimed at promoting and protecting human rights worldwide.

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Rights in the context of Freedom of speech

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights (UDHR) and international human rights law. Many countries have constitutional laws that protect freedom of speech. Terms such as free speech, freedom of speech, and freedom of expression are often used interchangeably in political discourse. However, in legal contexts, freedom of expression more broadly encompasses the right to seek, receive, and impart information or ideas, regardless of the medium used.

Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or public order (ordre public), or of public health or morals".

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Rights in the context of Legitimacy (political)

In political science, legitimacy is a concept concerning the right of an authority, usually a governing law or a regime, to rule the actions of a society. In political systems where this is not the case, unpopular regimes survive because they are considered legitimate by a small, influential elite. In Chinese political philosophy, since the historical period of the Zhou dynasty (1046–256 BC), the political legitimacy of a ruler and government was derived from the Mandate of Heaven, and unjust rulers who lost said mandate therefore lost the right to rule the people.

In moral philosophy, the term legitimacy is often positively interpreted as the normative status conferred by a governed people upon their governors' institutions, offices, and actions, based upon the belief that their government's actions are appropriate uses of power by a legally constituted government.

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Rights in the context of Liberalism

Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality, right to private property, and equality before the law. Liberals espouse various and sometimes conflicting views depending on their understanding of these principles but generally support private property, market economies, individual rights (including civil rights and human rights), liberal democracy, secularism, rule of law, economic and political freedom, freedom of speech, freedom of the press, freedom of assembly, and freedom of religion. Liberalism is frequently cited as the dominant ideology of modern history.

Liberalism became a distinct movement in the Age of Enlightenment, gaining popularity among Western philosophers and economists. Liberalism sought to replace the norms of hereditary privilege, state religion, absolute monarchy, the divine right of kings and traditional conservatism with representative democracy, rule of law, and equality under the law. Liberals also ended mercantilist policies, royal monopolies, and other trade barriers, instead promoting free trade and marketization. The philosopher John Locke is often credited with founding liberalism as a distinct tradition based on the social contract, arguing that each man has a natural right to life, liberty and property, and governments must not violate these rights. While the British liberal tradition emphasized expanding democracy, French liberalism emphasized rejecting authoritarianism and is linked to nation-building.

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Rights in the context of Social inequality

Social inequality occurs when resources within a society are distributed unevenly, often as a result of inequitable allocation practices that create distinct unequal patterns based on socially defined categories of people. Differences in accessing social goods within society are influenced by factors like power, religion, kinship, prestige, race, ethnicity, gender, age, sexual orientation, intelligence and class. Social inequality usually implies the lack of equality of outcome, but may alternatively be conceptualized as a lack of equality in access to opportunity.

Social inequality is linked to economic inequality, usually described as the basis of the unequal distribution of income or wealth. Although the disciplines of economics and sociology generally use different theoretical approaches to examine and explain economic inequality, both fields are actively involved in researching this inequality. However, social and natural resources other than purely economic resources are also unevenly distributed in most societies and may contribute to social status. Norms of allocation can also affect the distribution of rights and privileges, social power, access to public goods such as education or the judicial system, adequate housing, transportation, credit and financial services such as banking and other social goods and services.

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Rights in the context of Dignity

Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. In this context, it is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable rights. The term may also be used to describe personal conduct, as in "behaving with dignity".

The content of contemporary dignity is derived from the Universal Declaration of Human Rights of 1948, summarized in the principle that every human being has the right to human dignity. In Article 1, it is stipulated that 'All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

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Rights in the context of Role

A role (also rôle or social role) is a set of connected behaviors, rights, obligations, beliefs, and norms as conceptualized by people in a social situation. It is an expected or free or continuously changing behavior and may have a given individual social status or social position. It is vital to both functionalist and interactionist understandings of society. Social role theory posits the following about social behavior:

  1. The division of labour in society takes the form of the interaction among heterogeneous specialized positions, we call roles.
  2. Social roles included appropriate and permitted forms of behavior and actions that recur in a group, guided by social norms, which are commonly known and hence determine the expectations for appropriate behavior in these roles, which further explains the position of a person in the society.
  3. Roles are occupied by individuals, who are called actors.
  4. When individuals approve of a social role (i.e., they consider the role legitimate and constructive), they will incur costs to conform to role norms, and will also incur costs to punish those who violate role norms.
  5. Changed conditions can render a social role outdated or illegitimate, in which case social pressures are likely to lead to role change.
  6. The anticipation of rewards and punishments, as well as the satisfaction of behaving pro-socially, account for why agents conform to role requirements.

The notion of the role can be and is examined in the social sciences, specifically economics, sociology and organizational theory.

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Rights in the context of Latin Rights

Latin rights or Latin citizenship (Latin: ius Latii or ius latinum) were a set of legal rights that were originally granted to the Latins and therefore in their colonies (Latium adiectum). Latinitas was commonly used by Roman jurists to denote this status. With the Roman expansion in Italy, many settlements and coloniae outside of Latium had Latin rights.

All the Latini of Italy obtained Roman citizenship as a result of three laws which were introduced during the Social War between the Romans and their allies among the Italic peoples (socii) which rebelled against Rome. The Lex Iulia de Civitate Latinis (et sociis) Danda of 90 BC conferred Roman citizenship on all citizens of the Latin towns and the Italic towns who had not rebelled. The Lex Plautia Papiria de Civitate Sociis Danda of 89 BC granted Roman citizenship to all federated towns in Italy south of the River Po (in northern Italy). The Lex Pompeia de Transpadanis of 89 BC granted the ius Latii to the communities of Transpadania, a region north of the Po, which had sided with Rome during the Social War. It also granted Roman citizenship to those who became officials in their respective municipia (cities).

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Rights in the context of Property

Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights.

In economics and political economy, there are three broad forms of property: private property, public property, and collective property (or cooperative property). Property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements; to distinguish ownership and easement from rent, there is an expectation that each party's will with regard to the property be clearly defined and unconditional.. The parties may expect their wills to be unanimous, or alternatively each may expect their own will to be sufficient when no opportunity for dispute exists.

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Rights in the context of Magna Carta

Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights sealed by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons who demanded that the King confirm the Charter of Liberties, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift and impartial justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood by their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War.

After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the peace treaty agreed at Lambeth, where the document acquired the name "Magna Carta", to distinguish it from the smaller Charter of the Forest, which was issued at the same time. Short of funds, Henry reissued the charter again in 1225 in exchange for a grant of new taxes. His son, Edward I, repeated the exercise in 1297, this time confirming it as part of England's statute law. However, Magna Carta was not unique; other legal documents of its time, both in England and beyond, made broadly similar statements of rights and limitations on the powers of the Crown. The charter became part of English political life and was typically renewed by each monarch in turn. As time went by and the fledgling Parliament of England passed new laws, it lost some of its practical significance.

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Rights in the context of Adoption

Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents.

Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations.

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Rights in the context of Social exclusion

Social exclusion or social marginalisation is the social disadvantage and relegation to the fringe of society. It is a term that has been used widely in Europe and was first used in France in the late 20th century. In the EU context, the European Commission defines it as "a situation whereby a person is prevented (or excluded) from contributing to and benefiting from economic and social progress". It is used across disciplines including education, sociology, psychology, healthcare, politics and economics.

Social exclusion is the process in which individuals are blocked from (or denied full access to) various rights, opportunities and resources that are normally available to members of a different group, and which are fundamental to social integration and observance of human rights within that particular group (e.g. due process).

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Rights in the context of Constitution of Turkey

The Constitution of Turkey, formally known as the Constitution of the Republic of Türkiye (Turkish: Türkiye Cumhuriyeti Anayasası), and informally as the Constitution of 1982 (Turkish: 1982 Anayasası), is Turkey's fundamental law. It establishes the organization of the government, and sets out the principles and rules of the state's conduct along with its responsibilities in regards to its citizens. The constitution also establishes the rights and responsibilities of the latter while setting the guidelines for the delegation and exercise that sovereignty belongs entirely and without doubt to the people.

The constitution was ratified on 7 November 1982. It replaced the earlier Constitution of 1961. The constitution was amended 21 times, three of them through a referendum: 2007, 2010, 2017, one of them partly through referendum: 1987. As of April 2017, 117 of the 177 articles of the Constitution of 1982 were amended overall.

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Rights in the context of Charter

A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the recipient admits a limited (or inferior) status within the relationship, and it is within that sense that charters were historically granted, and it is that sense which is retained in modern usage of the term. In early medieval Britain, charters transferred land from donors to recipients.

The word entered the English language from the Old French charte, via Latin charta, and ultimately from Greek χάρτης (khartes, meaning "layer of papyrus"). It has come to be synonymous with a document that sets out a grant of rights or privileges.

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