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Inalienable Rights

Inalienable Rights

What are Inalienable
Rights?

Inalienable rights (also referred to as natural or human
rights) are rights awarded to human beings that may not be taken away by a
religious or governmental institution, except in specific situations and according
to due process of the law. For instance, the right to liberty may be limited if
an individual is found guilty of a felony by a formal court of law.

 Inalienable rights
are rights that are not dependent upon the customs, beliefs or laws of any particular
government or culture. Because of this standing, inalienable rights are
universal. These rights are distinct from legal rights, which are those
bestowed on to an individual by the law of a particular jurisdiction’s legal
system, and thus are relative to specific governments and cultures.

A legal right may be codified by a statutory, constitutional,
contractual, common, and regulatory or international law. A legal right is
typically qualified by the law which created the right. A legal right can be
enforced by the court of law against the individual who has invaded or
infringed upon it. The right may be enforced by an injunction or a court order,
which will prohibit the other part from infringing upon a right, through the
delivery of monies to the holder of the legal right. If an individual’s right
to liberty is violated, the individual may bring an action so that a court of
law may order the party’s release.

By contrast, the theory behind a natural or inalienable law
is related to that of a human right—many societies do not recognize a
difference between the two fields of law, while others will choose keep the
terms separate to eliminate features that are associated with natural rights.
In a specific sense, natural rights are provided and upheld beyond the
authoritative capabilities of any international body or government. The
Universal Declaration of Human Rights is the premiere legal instrument
responsible for enshrining a conception of natural rights into international
law.

Inalienable rights are commonly interpreted and understood
as the fundamental rights to which an individual is inherently entitled to,
simply because they are human beings. As a result of this definition,
inalienable rights are conceived as egalitarian and universal. The doctrine of
inalienable rights is international in theory and practice; these rights are
placed within global, international and regional institutions and in the
policies of non-governmental entities throughout the world.

 

Philosophy of
Inalienable Rights:

The philosophy of inalienable rights will attempt to examine
the basis of the concept of human rights and examines its justification and
content. One of the most widely accepted philosophies concerning inalienable
rights attach the universal rights to natural law. Other theories state that
inalienable rights codify general moral behavior sculpted as a human social
product developed by a process of social and biological evolution.

Regardless of the approach, these philosophies examine the
general notion that human beings in a society accept and subsequently behave rules
from legitimate institutions in exchange for economic and security advantages.

The two primary theories that dominate contemporary
inalienable rights discussions are the will theory and the interest theory. The
will theory attempts to establish the validity of inalienable rights based on
the human capacity for freedom, whereas the interest theory claims that the
principal function of inalienable rights is to promote and protect certain
indispensable human interests.

 

What are Human
Rights?

Human rights, which are a form of inalienable rights, are
the rights inherent to all beings, regardless of their place of residence,
nationality, gender, ethnic or national origin, religion, language or any other
status. As a result, all human beings are entitled to human rights without
discrimination. Human rights are interdependent, indivisible and interrelated.

These types of inalienable rights are typically expressed
and guaranteed by a nation’s set of laws, their treaties, and a customary
application of international law, general principles or any other source or
interpretation of international law. Because of these legal buttresses, human
rights enforce certain obligations of a government institution to act in
certain ways or to refrain from implementing certain acts, to protect and
promote the fundamental freedoms of human beings.

The principle of human rights is based on the cornerstone of
international law. The principle of international human rights law was formally
emphasized in the Universal Declaration on Human Rights in 1948. Since this
implementation, human rights have been reiterated through a number of
international human rights conventions, resolutions and declarations. For
example, the 1993 Vienna World Conference on Human Rights enforced the States
to protect and promote all human rights and freedoms, regardless of the
cultural, economic and political systems.

All states associated with the Declaration on Human Rights
have ratified at least four of the core human rights treaties. This majority
implementation creates legal obligations for the attached governments to
promote and protect such rights on a universal level. Human rights are
therefore deemed inalienable rights; they should never be stripped from an
individual, except if the person seriously violated a law or under specific
situations.

All human rights, whether they are political or civil, are
interdependent and indivisible. For example, the right to life, the rights to
work, the rights to receive education, or collective rights, such as the rights
to self-determination and development are interrelated, interdependent and
indivisible. These rights although different with regards to what they offer
are related; the promotion of one right will facilitate the advancement of
another, while the deprivation of one will adversely affect the others.

 

Rights offered by the
Universal Declaration of Human Rights:

Article I: Human
beings are born equal and free. Human beings are endowed with conscience and
reason and should interact with one another in a spirit of brotherhood.

Article II: All
human beings are entitled to the freedoms and rights set forth in their
nation’s Declaration. These inalienable rights are awarded without distinction
of any fashion, such as the color, language, religion, political or race of a
being. Moreover, no distinction will be made on the basis of international,
political or jurisdictional status of the nation to which an individual belongs
or resides.

Article III: Every
human being possesses the right to liberty, life and security.

Article IV: No
human being will be held in servitude or slavery; the slave trade is prohibited
in all forms.

Article V: No
human being is subjected to cruel punishment. Torture or degrading treatment of
an individual shall not be used as a form of punishment.

Article VI: Every
human being maintains the right to recognition as a human before the law.

Article VII: All
human beings are regarded as equal before the law. As a result, all human beings
are entitled to equal protection. All human beings are entitled to equal
protection against any form of discrimination in violation of the Universal
Declaration of Human Rights and against any form of incitement to such
discrimination.

Article VIII: All
human beings have to right to secure an effective remedy by competent tribunals
for acts which violate the fundamental rights granted to the individual by the
constitution or law of the nation.

Article VIII: No
human being shall be subjected to arbitrary detention, exile or arrest.

Article X: Every
human being is entitled to a fair and public hearing by an impartial and
independent tribune, in the determination of the individual’s obligations and
rights and of any charge against him or her.

Article XI: Any
human being charged with a penal violation will be presumed innocent until he
or she is proven guilty according to law in a trial. No human being shall be
deemed guilty of any offence on account of any omission or act which did not
establish a violation under national or international law at the time it was
committed. 

Article XII: No
human being will be subjected to arbitrary interference with the individual’s
family, privacy, home or correspondence. Every human being has the right to be
protected by law against attacks or interference.

Article XIII: Every
human being has the right to freedom of residence and movement. Every human
being has the right to leave any nation, including his own, and the right to
return to his nation.

Article XIIV: Every
human being has the right to enjoy and seek in other nations asylum from
persecution.

Article XV: Every
human being has the right to a nationality.

Article XVI: Human
beings of a legal age possess the right to marry and start a family. These
individuals must enter marriage only if full consent of the spouses is
realized. The Universal Declaration of Human Rights states that the family is
the fundamental unit of a society and is therefore entitled to protection by
the society in a nation.

Article XVII: Every
human being has the right to own property; no individual shall be deprived of
the right to own property.

Article XVIII: Every
human being has the right to freedom of thought, religion and conscience. This
human right includes the right to change religions or beliefs.

Article XIX: Every
human being has the right to freedom of expression and opinion. This human
right includes the freedom to hold opinions without being impeded from seeking,
receiving or interpreting ideas through any form of media.

Article XX: Every
human being has the right to freely assemble and associate in a peaceful manner.
No human being may be compelled to belong to any organization or association if
said groups do not break the law.

Article XXI: Every
human being has the right to participate in his or her nation’s government,
directly or through its representatives. Every human being has the right of
equal access to serve in his or her country. The will of people is the basis of
the authority of a government.

Article XXII: Every
human being, as a member of society, has the right to social security.

Article XXIII: Every
human being has the right to work. Humans are awarded the right to choose
employment and are awarded favorable conditions in their work environment.
Human beings are awarded financial protections against unemployment. Every
human being has the right to join or form trade unions for the protection of
the individual’s interests.

Article XXIV: Every
human being has the right to rest and vacation; these rights are awarded to
limit working hours and provide holiday periods with pay.

Article XXV: Every
human has the right to enjoy a standard of living that is adequate for the
well-being of him or herself. These rights include the right to secure
clothing, housing, medical care, social services and food. Education is also
directed to develop human beings and strengthen the respect of human rights and
freedoms. The delivery of education promotes the understanding and unification
of race, religious groups and nations. Parents enjoy the right to choose the
type of education that shall be provided to their children.

Article XXVI: Everyone
has the right to receive education. Education is offered as free at least in
the fundamental stages of a child’s life. Elementary education is compulsory.
Professional and higher education is available and accessible on the basis of
merit.

Article XXVII: Every
individual has the right to participate in the community and has the right to
enjoy the arts and to share in the advancement of the practice. Every human
being is awarded the right to protection of their material and moral interests
resulting from any artistic production of which he or she is the author.

Article XXVIII: Every
human being is awarded the right to receive any liberties or rights expressed
in their nation’s constitution.

Article XXIX: Every
human being is responsible for bolstering the community through the
construction of a free and fully personality.

 

 

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