Rules Flashcards
(4 cards)
1
Q
What is the purpose of human rights
A
That the state is obligated to provide individuals with basic needs of life
2
Q
What are the types of rights
A
- Absolute = state cannot interfere (life/torture)
- Limited = articles can contain limitations (liberty unless under lawful detention)
- Qualified = can restrict in accordance with law, necessary and proportionate in a democratic society, to achieve a legitimate aim (8/10/11)
- Social/economic = basic to survival (food/water/ shelter)
- Civil/political = fundamental in a democratic society (expression, liberty)
3
Q
Whats the difference between rights and liberties
A
- Rights = fundamental entitlement to principles by virtue of being human (universal)
- Legal right = time bound, right to enforce, cannot derogate
- Historical right = develop over time (Habeas Corpus)
- Liberties = right to freedom without state interference (state specific)
- Civil liberties = basic right to be free from unequal treatment
4
Q
What are the components of human rights
A
- Inalienable (cannot be removed)
- Universal (applied everywhere)
- Interdependent (all necessary)
- Indivisible (without hierarchy)