Individual and the Law
Topic 2: Individual & the Law
Rights and Responsibilities
Nature of Individual Rights
Rights are entitlements that people have by legal or moral authority. No one can take this right away from you.
Development of Rights:
Legal rights have been developed from several areas:
1. Natural law – Basically from God
2. Positivists - Basically argued that its made by parliament and authorities.
3. International Law - UN
Type of rights:
Civil and Political Rights – This is to protect people from the actions of oppressive governments which restrict certain actions. Therefore this allows:
- Right to life - Right to freedom of expression - Right to equality before the law
Economic Rights – These rights make sure that individuals are not excluded from participating in the economy – contributing towards the production process –
- The right to education - Right to receive equal and fair pay for labour provided \
- Right to freely choose work -Right to health care
Social Rights – Social rights include those that provide people with a minimum stand of living and welfare and therefore enable them to have a reasonable standard of living.
- The right to an adequate standard of living
- Right to receive social security benefits
- Right to any form of assistance
Cultural Rights – The Charter of Human Rights and Responsibilities Act 2006 defines cultural rights in the following context.
"All persons with a particular cultural, religious, racial or linguistic background must not be denied the right, in community with other persons of that background, to enjoy his or her culture, to declare and practise his or her religion and to use his or her language."
In this sense, cultural rights are also espoused in the Constitution, with s116 allowing freedom of religion
Environment Rights – Intergenerational equity. – So basically the key goal of environmental law is to protect and preserve the environment for future generations.
Consumer
Rights and Responsibilities
Nature of Individual Rights
Rights are entitlements that people have by legal or moral authority. No one can take this right away from you.
Development of Rights:
Legal rights have been developed from several areas:
1. Natural law – Basically from God
2. Positivists - Basically argued that its made by parliament and authorities.
3. International Law - UN
Type of rights:
Civil and Political Rights – This is to protect people from the actions of oppressive governments which restrict certain actions. Therefore this allows:
- Right to life - Right to freedom of expression - Right to equality before the law
Economic Rights – These rights make sure that individuals are not excluded from participating in the economy – contributing towards the production process –
- The right to education - Right to receive equal and fair pay for labour provided \
- Right to freely choose work -Right to health care
Social Rights – Social rights include those that provide people with a minimum stand of living and welfare and therefore enable them to have a reasonable standard of living.
- The right to an adequate standard of living
- Right to receive social security benefits
- Right to any form of assistance
Cultural Rights – The Charter of Human Rights and Responsibilities Act 2006 defines cultural rights in the following context.
"All persons with a particular cultural, religious, racial or linguistic background must not be denied the right, in community with other persons of that background, to enjoy his or her culture, to declare and practise his or her religion and to use his or her language."
In this sense, cultural rights are also espoused in the Constitution, with s116 allowing freedom of religion
Environment Rights – Intergenerational equity. – So basically the key goal of environmental law is to protect and preserve the environment for future generations.
Consumer