What are the Legal Rights And The State ?

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Legal Rights

While human rights claims appeal to our ide­al self, the degree to which such a peace is achieved is depen­dent on a vari­ety of cir­cum­stances, the most impor­tant of which is gov­ern­ment and legal sup­port. This is why the legal recog­ni­tion of rights is giv­en such a high pri­or­i­ty. A bill of rights is enshrined in the con­sti­tu­tions of many coun­tries. Because con­sti­tu­tions are the high­est law of the state, con­sti­tu­tion­al recog­ni­tion of cer­tain rights was of para­mount impor­tance to him.

In our coun­try we call them fun­da­men­tal right. Oth­er laws and poli­cies are sup­posed to respect the rights grant­ed in the con­sti­tu­tion. The rights men­tioned in the con­sti­tu­tion would be those which are con­sid­ered to be of basic importance. 

In some cas­es these may be sup­ple­ment­ed by claims with gain impor­tance because of the par­tic­u­lar his­to­ry and Cus­toms of a country. 

In India for instance we have pro­vi­sion to ban untouch­a­bil­i­ty which draws atten­tion to a tra­di­tion­al social prac­tice in the country. 

So impor­tant is the legal and con­sti­tu­tion­al rec­og­niza­tion of claims that sev­er­al the­o­ries define rights as a claim they are recog­nised by the state. 

The legal endorse­ment cer­tain­ly gives our rights a spe­cial sta­tus in soci­ety but it is not the basis on which rights are claimed. 

As we’ve seen, rights have been con­tin­u­ous­ly enlarged and rein­ter­pret­ed to include pre­vi­ous­ly mar­gin­alised groups and to reflect our cur­rent sense of what it means to live a life of dig­ni­ty and respect.

How­ev­er in most cas­es the claimed rights are direct­ed towards the state. 

That is through these rights paper make demands upon the state. 

When I insert my right to edu­ca­tion I Call upon the state to make pro­vi­sion for my basic education. 

Soci­ety Mein also accept the impor­tance of edu­ca­tion and con­tribute to it on its own. 

Dif­fer­ent groups mein open schools and fund schol­ar­ship so that chil­dren of all class­es can get the ben­e­fit of education. 

But the pri­ma­ry respon­si­bil­i­ty rest upon the state. 

It is the state that must ini­ti­ate nec­es­sary steps to ensure that my right to edu­ca­tion is fulfilled. 

Does rights place and oblig­a­tion upon the state to act in cer­tain kind of ways. 

Each right indi­cates what the state must do as well as it must not do. 

For instance my right to life oblig­es state to make laws that pro­tect me from injury by others. 

It calls upon the state to pun­ish those who hurt me or harm me. 

If a soci­ety feels that the right to life means a right to a good qual­i­ty of life it expects the state to pur­sue poli­cies that pro­vide for clean envi­ron­ment along with oth­er con­di­tions that may be nec­es­sary for a healthy life. 

In oth­er words my right here places cer­tain oblig­a­tions upon the state to act in a cer­tain way. 

Right not only indi­cate what the state must do they also sug­gest what the state must refrain from doing. 

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Rights

My right to lib­er­ty as a per­son, for exam­ple, sug­gests that the state can­not sim­ply arrest me at will; if it intends to imprison me, it must defend that action in court, jus­ti­fy­ing the restric­tion of my lib­er­ty. This is why the police must present an arrest war­rant before tak­ing me away.

My rights does place cer­tain con­straints upon state actions. 

To put it anoth­er way our right and show that the author­i­ty of the state is exer­cised with­out vio­lat­ing the sanc­ti­ty of indi­vid­ual life and liberty. 

The state may be the sov­er­eign author­i­ty the laws it makes may be in force with force but the Sov­er­eign state exist not for its own sake but for the sake of the individual. 

It is peo­ple who mat­ter more and it is their well­be­ing that must be pur­sued by the gov­ern­ment in power. 

The rulers are account­able for their actions and must not for­get the low­er exist to ensure the good of the people. 

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