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Can there be innate fundamental rights? If yes, which fundamental rights are the true rights without cultural bias?
Contents
I. II. III. IV. V. Definition Historical Religious Philosophical Conclusion
Definition
Websters New World Law Dictionary
A basic or foundational rights Derived from natural law
Rights
Involve: (Haas, 2008) Ability to demand Enjoyment of liberty and justice Fulfillment of socio-cultural and political
needs
History
before 19th century
Early rulers who attempted to guarantee rights were not always followed by successors with similar commitments The American Revolution(1776): The Colonists wanted to be representated in the English Parliament. The French Revolution (1789): The citizens were unsatisfied with the absolutist powers of the King.
History
19th century
In the 19th century human rights became a central concern over the issue of slavery. Different opinions about the slavery issue lead to the American Civil War. The USA, the UK, Spain and France abolished slavery
Abolition of Slavery in French Colonies, 1848" by Auguste Franois Biard
History
20th century
There has been a lot of changes during the 20th century. Women gained the right to vote. Working conditions became better. National liberation movements succeded in driving out colonial powers. The Two World Wars lead to the modern human rights.
Major Religions
Hinduism
All human life is to be loved
and respected without distinction No injury to other Practice charity and compassion to the poor
Hinduism
Respected without distinction
Caste system?
Hinduism
Krisha Chaitanya principle of equality before law
Buddhism
Respect for all persons (even
animals!)
Right of happiness
Islam
Al-Farabi (872-950) Muhammad launched human rights movement
-Rights to life -Property -Inheritance -Religion, etc
Stoics
No one was a slave by nature Human equality
Aristotle
Individual should flourish
Jean Bodin
Government should respect: The laws of God Natural liberty Natural right to property
John Locke
Three fundamental rights Life Liberty Estate
US Declaration of Independence
Three fundamental rights Life Liberty The pursuit of happiness
CONCLUSION
Conclusion
Can there be innate fundamental rights? If yes, which fundamental rights are the true rights without cultural bias?
Conclusion
From different perspectives there are always the same thing: to life, liberty, etc. Thus a right may be considered as a true fundamental right if it cumulatively involves: Ability to demand Enjoyment of liberty and justice Fulfillment of socio-cultural and political needs
References
Haas, Michael. 2008. International Human Rights. New York: Routledge. Davis, David Brion. 1966. The Problem of Slavery in Western Culture. Cornell University Press, p. 77. Pauline Maier, 1993. American Scripture: Making the Declaration of Independence. New York: Alfred A. Knopf, p. 134.