Quality of Laws goal

in detail 

 

 

 

to attain the highest possible level of human rights 

 

 

 

 

 Human Rights Detail 

                    

HUMAN RIGHTS CONSIST OF

 

  

SUBSTANTIVE RIGHTS; the right

  • to life, liberty and security of person
  • to freedom from torture
  • to freedom from slavery
  • to freedom from interference with home, family or correspondence
  • to freedom from attacks upon reputation or honor
  • to freedom of thought, conscience and religion

 

PROPERTY RIGHTS; the right

  • to purchase, own, and dispose of property, including contracts and the knowledge and skills that one gains from an education or work experience
  • to protection of copyrights and patents

 

POLITICAL RIGHTS; the right

  • of citizenship and nationality
  • of the citizens to determine the authority of their government.  (The enforcement of this right by a government establishes that government as an electoral democracy**.)
  • of representation and participation in the government
  • to freedom from press censorship or coercion (freedom of the press)
  • to freedom of opinion and expression (freedom of speech)
  • to freedom of peaceful assembly and association (including the right not to be forced to join an organization or association)

 

LEGAL RIGHTS; the right

  • to equal status and equal protection under the law
  • to protection of human rights by the government. (The recognition by a government of its obligation to secure and uphold the human rights of its citizens establishes that government as a liberal democracy.)
  • to petition the government for a redress of grievances. (The impartial continuation of this human right requires the judiciary to be independent from the other branches of government.) 
  • to freedom from arbitrary arrest or detention (right to a writ of habeas corpus)
  • to freedom from bills of attainder and ex post facto laws
  • of the accused to be presumed innocent until proven guilty
  • of the accused to a public trial by a jury of peers

 

An important distinction of human rights is that they pertain to inalienable freedoms, and are not claims to alienable assets or services. (The sole exception to this rule occurs when a government makes an accusation against an individual, as in a criminal case of law. If the accused cannot afford legal aid, he or she has the right to obtain (alienable) legal aid at the expense of the government. In this situation, a threat to the individual’s loss of freedom at the hands of the government triggers the conditional right to legal aid from the government.)

 

In particular, human rights do not include the "right" of one individual to claim the possessions (tangible or intangible) of another individual. That claim, if enforced, would violate the property rights (a division of human rights) of the second individual, since it would interfere with the freedom of the second individual to use and dispose of personal possessions as he or she desires. 

 

For example, a government should be concerned with the lack of food (or water, shelter, medical care, education, etc.) of individuals within its jurisdiction. However, the government’s solution to that problem cannot be to “grant” one person a “right” to the food that is owned by another person because the enforcement of the new “right” would violate the property rights of the person who owns the food. The problem with the lack of food or other alienable commodity is the lack of sufficient means of individuals to purchase that commodity, which is a problem of living standards (see discussion of living standards) and not a problem of human rights.

 

 

**  THE RIGHT TO DEMOCRACY IS A HUMAN RIGHT

 

Article 21 of the United Nations' Universal Declaration of Human Rights states the following:  

"...3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures." 

 

By this statement, that the people determine the authority of government, the Universal Declaration of Human Rights established the "right to democracy" as a human right that, by definition, applies to all people.