Legal Rights and the State
Legal recognition of human rights plays a pivotal role in their effectiveness, with constitutional enshrinement representing the highest level of legal acknowledgment. In many countries, including India, these rights are termed Fundamental Rights and are regarded as of paramount importance, forming the basis of other laws and policies. The significance of constitutional recognition is underscored by the fact that it elevates certain rights to a primary status within society.
The legal endorsement of rights by the state gives them a special status, although it is not the sole basis for claiming rights. Rights evolve and expand over time to include previously marginalized groups and reflect contemporary understandings of human dignity and respect.
In most cases, claimed rights are directed towards the state, with individuals making demands upon it. For example, asserting the right to education calls upon the state to provide basic education. While society may also recognize the importance of education and contribute to it independently, the primary responsibility lies with the state to ensure that rights are fulfilled.
Rights impose obligations on the state, dictating both actions it must take and actions it must refrain from. For instance, the right to life obliges the state to enact laws protecting individuals from harm and to punish those who infringe upon this right. Similarly, the right to liberty restricts the state’s ability to arbitrarily deprive individuals of their freedom, requiring judicial oversight and due process.
In essence, rights serve to ensure that state authority is exercised in a manner that respects individual life and liberty. While the state may wield sovereign authority and enforce laws, it exists to serve the well-being of individuals, and rulers are accountable for their actions. Ultimately, the purpose of law is to promote the welfare of the people, and the state must never lose sight of this fundamental principle.
Legal Rights and the State| Class 11 Polity Notes
Rights are the fundamental normative norms concerning what is permitted of individuals or due to people by some legal system, social convention, or ethical theory. Rights are therefore legal, social, or ethical principles of freedom or entitlement.
We will discuss these in-depth rights in this article with class 11 rights polity notes.