Human Rights &

Duties
 Meaning of Rights
 The state ought to guarantee to individuals the
enjoyment of a certain number of basic human
rights, which constitute the essential conditions
of “ the good life”.
 Rights are those conditions of social life
without which man cannot be at his best
or give his best, what is needful to the
adequate development and expression of
his personality.
 Hence, rights are those opportunities, the
absence of which deprives man of something
essential.
 Meaning of Rights Contd….
 A man without rights, absolutely dependent on
the daily caprice of a superior authority, is a
slave.

 “ State is known by the rights that it maintains.”

- Laski

 “ Those conditions of social life without which no

man can seek, in general, to be himself at his
best.”
- Laski
 Meaning of Rights Contd….
 A right thus understood is an essential condition
of the individual’s self-development as it is also a
condition of social welfare.

 “ Rights are reasonable claim to freedom in the

exercise of certain activities.”
- Wilde
 Features of Human Rights
 Rights arise in the society.
• They are the result of the social nature of
man. Without society there can be no rights.
E.g.: Robinson Crusoe had no rights in his
lonely island
• It is only in society that man recognizes the
freedom of others while exercising his own
freedom.
• This is the basis of rights.
 Features of Human Rights
Contd…
 Every right has a corresponding obligation.
• My right is your duty and your right is my duty.

• Rights & duties are two sides of a coin; they

are correlative and can never be separated.
E.g.: If I have a right to work and earn my
living, it is my duty to recognizes the
same right in others and allow them their
right to work and earn their living.
• I can enjoy my rights only if I respect the rights
of others.
 Features of Human Rights
Contd…
 Rights are socially recognized.
• Rights aim at the good of all and it has a
social & moral end to serve.
• When I declare my rights, I do a public duty,
because I guarantee to others what I claim
for myself.
 Features of Human Rights
Contd…
 The State does not create rights.
• It simply maintains and coordinates those
rights which are socially recognized.
• By giving such rights a legal sanction, the
state ensures to every one the enjoyment of
his right, as rights have an equal basis.
 Features of Human Rights
Contd..
 Rights must be definite and precise.
• Hence, it is necessary to define rights.
• Rights do not remain rights when every
individual has his own separate claims.

 Rights have a tendency to grow.

• Rights must be consistent with the needs of
man.
• Needs of man always change and expand and
so do rights.
 Classification of Rights

Rights

Natural Rights Legal Rights Moral Rights

Fundamental Political Social

Rights Rights Rights
 Classification of Rights
Contd…
 Natural Rights
• The natural rights aim to emphasis the certain
rights are so essential to any real personal life
that they should be called as “natural”.
• Hence, natural rights are based upon the
universal law, the law of nature, and are
common to all people in all countries.
• All men are born with certain rights and these
rights are inalienable.
• Many political thinkers regard the natural rights
as rights given to man by God. But modern
political thinkers do not support this view.
 Classification of Rights
Contd…
 Moral Rights
• A moral right is based on the ethical feelings of
man. i.e. What we think ought be our rights.
• A moral right is not supported by the law of
the state.
• It is sanctioned by the moral opinion of the
community.
 Classification of Rights
Contd…
 Legal Rights
• The rights which are granted to man by law
and are protected by law.
• A legal right is recognized and maintained by
the laws of the state and is enforceable by a
citizen in the court of law both against the
government and other citizens.
• Simply legal rights are, what, in fact, are “our
rights”.
• These rights are distinguishable from moral
rights.
 Classification of Rights
Contd…
• Legal rights are uniform and open to all,
irrespective of their caste, creed or color.
• Legal rights are divided into,
1. Civil / Social Rights

2. Political Rights

3. Fundamental Rights
 Classification of Rights
Contd…
 Civil / Social Rights
• Civil rights provide for the fulfillment of the
primary conditions of social life, i.e. rights
which relate to the protection and
enjoyment of life and property by
individuals.
• Without them civilized life is not possible and
they are regarded as essential to the free and
progressive life of man.
• The enjoyment of civil rights is
universally guaranteed, because
“opportunities to all alike” is the principle
determining civil rights.
 Classification of Rights
Contd…
• Civil rights include,
• Right to life

• Freedom from arbitrary arrest

• Freedom to acquire & hold property

• Right to liberty & free movement

• Freedom to speak and write for publication

• Freedom to meet publicly

• Freedom to form associations for peaceful ends

• Freedom to make contracts

• Right to religion

• Right to education

• Right to work
 Classification of Rights
Contd…
• A well organized State must protect the civil
rights of its people against violations by both the
individuals or associations of individuals, and by
the State itself.
 Classification of Rights
Contd…
 Political Rights
• Political rights are enjoyed by a person in
his/her capacity as a citizen and those
rights entitle him in the legal expression and
administration of the sovereign power of
the State.
• Political Rights are means by which an adult
citizen is entitled, by the Constitution and laws
of the State, to participate in the affairs of the
government of his country.
 Classification of Rights
Contd…
• Political Rights consist in,
• Right to vote & elect

• Right to be elected

• Right to hold public offices

• Right to petition

• Right to criticize the government

• It is only in democratic state these rights are

fully protected.
 Classification of Rights
Contd…
• Certain rights fall into both civil & political rights
categories.
E.g.: Freedom of speech and assembly are
often regarded as being at once civil and
political rights.
• Both civil and political rights aim to provide equal
opportunities to all and hence the distinction
between two becomes hazy.
• However, in certain eras civil rights have existed
and can exist even in those countries where
political rights have been denied to the people.
 Classification of Rights
Contd…
• Where direct democracy is operative, all the
people enjoying political rights themselves
participate in proposing laws, in appointing
officers of the government and ratifying their
policies and actions.
• Each State decides what persons shall possess
political rights and the extent of such rights.
• Non- citizens are everywhere excluded from
exercise of political rights.
• Similarly, all states exclude minors, criminals and
lunatics from the right to vote.
• Some States deny it to women.
 Classification of Rights
Contd…
• The age of the adults enjoying political rights
also varies from state to state.
• Thus, the right to participate in political affairs
should be given only to those citizens who
possess the required mental and moral
qualifications.
• In other words political rights must be exercised
wisely, discreetfully and in a devoted service to
the society and the State.
 Classification of Rights
Contd…
 Fundamental Rights
• There are certain basic rights which the
civilized communities guarantee in normal
times, because they are deemed to
fundamental to the existence and growth of
man, together with him of society.
• Without them life is meaningless.
• The tendency in a democratic State is to
incorporate such basic rights in its
Constitution so as to ensure their full
enjoyment by all citizens without
discrimination of any kind.
 Classification of Rights
Contd…
• The inclusion of fundamental rights in the
Constitution is a declaration of the fact that certain
elementary rights of the individuals are
inviolable under all conditions and the shifting
majorities in the legislature of the country
should not be able to interfere with them.
• If they meddle, can be sought the help of Courts of
law.
• The Constitution of Sri Lanka ensures her peoples’
fundamental rights & Sri Lankans enjoy the right to
liberty, equality, freedom of religion and the right to
education & culture.
 Confirmation of the Human
Rights in the World
 Revolutions & Struggles
E.g.: Magnarcarta Act of 1215, against
the ruling system of king John of Britain,
French revolution in 1789, Independence
Struggle of America, Revolution of Russia in
1917
 After the French Revolution in 1789, French had
created a statement about rights.
 In the Declaration of American Independence of
1776 too, there were references about rights.
 Confirmation of the Human
Rights in the World Contd….
 In 1941, by the Declaration of Atlantic the
rights such as freedom to speak, religious
freedom and freedom to live without fear were
published.
 Fundamental Rights were introduced in Sri
Lanka through the First Republican
Constitution in 1972 under Chapter VI.
 These Fundamental rights were widened
through the second Republican Constitution
in 1978 under Chapter III.
 Confirmation of the Human
Rights in the World Contd….
 The people in different countries enjoy different
human rights.
 However, today people have a common
understanding on Human Rights because of the
“Universal Declaration of Fundamental
Human Rights” introduced by UNO.
 Duties
 A duty is an obligation.
 A man is said to have a duty in any matter when
he is under an obligation to do or not do
something.
 It is something we owe to others as social
beings.
 My right of living involves my duty to my fellow-
men to allow them the same condition of life.
 They are two sides of the same coin.
 If one looks at them from one’s own point, they
are rights.
 If one looks at them from the standpoint of
others, they are duties.
 Duties Contd….
 Hence, without duties there can be no rights.
 If society provides an individual with
opportunities to feel happy and prosperous, it
also imposes an obligation upon him that he
should allow others the same opportunities of
happiness and prosperity.
 “Do unto others as you wish to be done by”.
 I can enjoy my rights only if I respect the
rights of others.
 Duties Contd….

Duties

Moral Legal Fundamental

Duties Duties Duties
 Duties Contd….
 Moral Duties
• A moral duty is that which is enjoyed upon
the people on moral grounds.
• A moral duty is not supported by the laws of
the state.
• Its sanction is the moral opinion of the
community.
• If there is a breach of moral duty there is
nothing legally to punish wrongdoer, though it
may involve social condemnation.
 Duties Contd….
• E.g.: I owe a duty to my parents to be
obedient and respectful toward them. But,
if I do not do my duty, the laws of the
State cannot punish me for that.

• Hence, moral duties ought to be performed in

view of their effect on public welfare.
 Duties Contd….
 Legal Duties
• Those duties which are enjoyed on citizens by
the laws of the State and are enforceable in
courts.
• Failure to perform legal duties is punishable.
• E.g.: It is my duty to obey the laws of
the State, if I do not, I can be punished
accordingly.
 Duties Contd….
 Fundamental Duties
• In countries with popular governments
(Democracy) the emphasis is on the duties of a
citizen and not merely on his rights.
• Such duties the citizen owes not only to the
State, but also to his family, neighbors, fellow-
citizens and to society at large.
• The success of democracy will, in practice, be
determined by the extent to which citizens
prepared to perform carefully the duties
required of them.
 Duties Contd….
• Fundamental Duties had been inserted in the
Constitution of USSR for the first time in the
world in 1936.
• After that China and communist countries of
Eastern Europe followed the same.
• India amended her Constitution in December
1976 to incorporate a separate chapter (IV A)
containing Fundamental Duties. These duties
include,
 Duties Contd….
- To promote harmony and peace amongst all people
of India in spite of religious, linguistic and regional or
sectional differences.

-To protect and improve the natural environment.

-To value and preserve the rich heritage of mixed

culture.

-To reject practices insulting to the dignity of women.

Questions???
Thank You!