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Rights: Meaning, Types, Theories & Generations in 20 minutes | UGC NET | UPSC PSIR — Transcript

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0:01Suppose one day all your rights are
0:03taken away; how would you feel? You
0:06would feel absolutely suffocated. Maybe
0:09not physically, but mentally you would
0:11be choking at every moment. What would
0:13happen if you had no rights? You
0:15wouldn't be allowed to speak. Against
0:17the one who took your rights. You
0:19wouldn't be able to protest against
0:21them. You wouldn't have the freedom to
0:23travel anywhere. You wouldn't be able
0:25to follow any religion of your choice.
0:27It's possible that another religion
0:28might even be forced upon you. You
0:30wouldn't be able to do any work of your
0:32choice. You might be forced to do work
0:34you don't want to do. In short, it
0:37wouldn't be a life worth living. It
0:39would just be a life in name only. That
0:41is why rights are a vital part of our
0:43lives. In this crash course on
0:45political theory, we have previously
0:47covered three concepts. Liberty,
0:49Equality, and Justice. Today, in this
0:51video, we will cover Rights. To make
0:53this video easier to understand, I have
0:55divided it into five parts. First, we
0:56will understand the meaning of rights.
0:58Then we will understand the types of
0:59rights. What are negative and positive
1:01rights? We will understand that. Then
1:03we will understand the generations of
1:05rights—when do rights evolve? Which
1:06rights emerge? We will look at those.
1:08We will understand the theories of
1:10rights. Such as the natural rights
1:11theory, legal rights theory, moral
1:13rights, and historical rights. What do
1:15these theories say? What are their
1:16different perspectives? We will try to
1:18understand them. And lastly, we will
1:20understand human rights. And along with
1:22that, we will understand the challenges
1:24faced by human rights. How animal
1:25rights, or feminist or multicultural
1:27perspectives, challenge the notion of
1:29human rights. Why are they against the
1:31notion of human rights? We will try to
1:33understand that. Let’s first know
1:35what the meaning of rights is. The
1:37meaning of rights is that you are
1:39entitled to do something, or you have a
1:41claim to do something, or to have
1:43something. You are entitled to do
1:45something. Meaning you have the right
1:47to be able to do that thing or to
1:49possess that thing. For instance, you
1:51are entitled to do something. An
1:53example of this is the right to free
1:55speech, meaning you should be allowed
1:57to speak and not be stopped. Similarly,
1:59another example is being entitled to
2:01have something. Meaning you have the
2:03right to possess something. Such as the
2:05right to life. You have the right to
2:08live your life, and others should not
2:10interfere in your life. Rights are
2:13recognized by the state or society, and
2:16they also protect them. And sometimes,
2:19you have certain rights that become
2:21duties for others. For instance, the
2:24right to free speech allows me to speak
2:26, so others have a duty not to stop me.
2:29We can better understand this
2:30obligation or duty aspect when we look
2:33at the types of rights. Let’s first
2:35discuss what negative rights are.
2:37Negative rights demand non-interference
2:39from society, meaning no meddling of
2:42any kind. These include the right to
2:44life, liberty, and property. When these
2:48rights are mentioned, we expect society
2:52and others not to interfere so we can
2:56enjoy them. To enjoy these rights, we
3:00do not require any specific duty or
3:02obligation from society. We can enjoy
3:05these rights on our own. Society or the
3:08state doesn't have to do anything for
3:10that. On the other hand, there are
3:13positive rights, which demand that
3:15others have a duty to act. In this case
3:18, the state or society has a duty to do
3:19something for you. Which rights fall
3:21under this? These include the right to
3:23health, education, food, and medicine.
3:27These are the rights that require
3:29others or the state to take action. For
3:32example, for me to have good health,
3:34the state must open hospitals. So that
3:36I can get a good education. The state
3:37must establish good schools and
3:39colleges. So these are called positive
3:41rights, where the state must take
3:43action. Negative rights are those where
3:46we restrict the state or society from
3:48doing anything. Now, let’s talk about
3:50the generations of rights. First,
3:52let’s discuss first-generation rights
3:54, which emerged in the 18th and 19th
3:56centuries. These began with demands for
3:59civil rights, such as the right to
4:02property, religion, and free speech.
4:04Then, demands for political rights were
4:06also made. These include the right to
4:08vote, contest elections, or hold public
4:11office. These are the rights involved.
4:13Make sure to remember these rights
4:14clearly. What are civil rights? What
4:16are political rights? These are often
4:18asked about. Second-generation rights
4:20arrived in the 19th and 20th centuries,
4:22mostly covering economic or welfare
4:24rights. Which rights are included in
4:25these? These include the right to food,
4:27shelter, medical care, and employment.
4:30Then come the third-generation rights.
4:31Which mostly come after 1945, i.e.,
4:34post-World War II. What kind of rights
4:36are included in them? Cultural rights
4:38are included in them. What kind of
4:39rights come under cultural rights? The
4:41right to self-determination. Meaning,
4:43in some nations, communities are found
4:45that want their own nation, so they are
4:47given the right to self-determination.
4:49They are given language rights.
4:51Especially where minority communities
4:53are found. The right to autonomy is
4:54given so that they can take their
4:56political decisions themselves at their
4:58own level. Let me give you a question
5:00for homework. These generations—first
5:02generation rights, second generation
5:04rights, third generation rights—are
5:05denoted by certain colors. They are
5:07denoted by three colors: blue, green,
5:09and red. You have to comment and tell
5:11which generation is denoted by which
5:14color. Students who have watched my
5:16previous video on human rights will
5:18surely know the answer. Otherwise, you
5:20can click on the 'i' button to watch it
5:21. Now let us understand about the
5:23theories of rights. First of all,
5:24let’s learn about the theory of
5:25natural rights. What does it say about
5:27rights? This theory emerged in the 17th
5:29and 18th centuries and states that
5:31natural rights are not granted by the
5:33state. The state cannot grant natural
5:36rights. Rights existed even before the
5:39state was formed, before society was
5:41formed. Meaning, they are God-given.
5:43You get these rights by birth. These
5:47rights reflect our basic human drives.
5:50Meaning, they reflect the rights we
5:52need in order to live. For example, you
5:55step out of your house and find that
5:57someone has killed you. If they
5:58finished you off, murdered you, then
6:00how would you feel? You want to live.
6:02You have earned something with great
6:03hard work. If someone snatches it away,
6:05then what is the point of earning it?
6:07So, such basic things that are
6:09necessary for our human existence.
6:11These are what natural rights are.
6:13These rights are inalienable. This
6:16means that these rights cannot be taken
6:18away. No one can take them. No one can
6:20snatch them. No one can end them. These
6:23rights will always remain with us. John
6:25Locke talks about three such rights.
6:27Right to life, liberty, and property.
6:29These are the rights that John Locke
6:31says. Are very necessary for human
6:33existence. And Thomas Jefferson also
6:35talks about three rights. He talks
6:37about the right to life, liberty, and
6:39the pursuit of happiness. Another
6:41supporter of the natural rights theory
6:44is Tom Paine, who published his classic
6:47book "Rights of Man" in 1791. In it, he
6:50supports the theory of natural rights.
6:52The natural rights theory inspires
6:54quite a few declarations. Which
6:56declarations are those? For instance,
6:58it inspires the American Declaration of
7:00Independence. It came out in 1776. In
7:03it, rights like the right to life,
7:04liberty, and the pursuit of happiness
7:06are granted to the American people.
7:07They were influenced by the natural
7:09rights theory itself. Similarly, the
7:11French Declaration of the Rights of Man
7:13and of the Citizen, which came in 1789.
7:15Some rights are granted in that as well
7:16. It was also influenced by the natural
7:18rights theory. It grants rights to
7:20liberty, property, security, and
7:22resistance to oppression. Now let's
7:24talk about the next theory. That is the
7:26theory of legal rights. What does the
7:28theory of legal rights say? It states
7:30that before the state, no natural
7:32rights or any rights existed. Rights
7:36are granted only by the state, and only
7:38the state can protect them. If the
7:41state does not exist, then no rights
7:43exist either. Only when the state comes
7:45into existence do you get rights. Only
7:47then are those rights protected. And
7:49this theory says that as circumstances
7:52change, conditions change. Many laws or
7:55statutes keep changing. So, accordingly
7:58, the rights also keep changing. Rights
8:00do not always remain the same
8:01throughout history. Rights keep
8:03changing. They continue to evolve.
8:05Therefore, while the natural rights
8:06theory believes that rights are
8:08absolute and inalienable. The legal
8:10rights theory does not believe this.
8:11Rights are not absolute. Jeremy Bentham
8:14was its main supporter, who championed
8:16the theory of legal rights. And Jeremy
8:18Bentham criticizes the theory of
8:20natural rights in very harsh terms. He
8:22says that such a theory is "nonsense
8:24upon stilts." It is an "invention of
8:26fanatics." He uses such words. Laski
8:29criticizes the theory of legal rights.
8:33He criticizes it in his famous book "A
8:35Grammar of Politics," published in 1925
8:38, and says that the state does not
8:40protect every right. There are some
8:43rights that the state may not have
8:45protected, but they are rights in
8:47themselves and are essential for human
8:49beings. Whether the state does it or
8:51not, those rights exist. Along with
8:54this, there is a famous quote by Laski.
8:56Laski says that every state is known by
8:58the rights that it maintains. What does
9:00this mean? It means that if we want to
9:03know what a state is like, whether it
9:05is good or bad, we look at the rights
9:08it gives its citizens. How it protects
9:11those rights. On that basis, we can
9:13judge any state. So, for Laski, rights
9:16are very important. But it is not
9:18necessary that the state always
9:19provides rights. There are some rights
9:21that exist even if the state does not
9:23provide them. Now let us understand the
9:25next theory, moral rights. This theory
9:27states that rights emerge from human
9:31reason. Neither the state provides them
9:33, nor has God given these rights. They
9:35emerge from human reason. They emerge
9:38from rationality. Humans think about
9:41what is right and what is wrong. On
9:43that basis, they formulate rights. On
9:46that basis, they grant themselves
9:47rights. These rights formed on the
9:49basis of right and wrong. These are
9:50called moral rights. They actually
9:52guide the law. They guide the law on
9:55what it should do. What kind of rights
9:57it should protect. That is why moral
10:00rights are superior to any law. We must
10:04look at moral rights first. After that
10:06comes the law. Its main supporters are
10:08Immanuel Kant and T.H. Green. Ronald
10:10Dworkin corrects this theory a bit. In
10:14his book "Taking Rights Seriously,"
10:17published in 1977, he says that in
10:20today's time, we cannot separate law
10:22and morality. Because the morality of
10:26today has become the law. For example,
10:28killing someone is wrong. It is immoral
10:29, but it has become the law. So, how
10:31can law and morality be separated? This
10:34is a major issue. The theory of moral
10:36rights does not discuss this in much
10:38detail. This is what Ronald Dworkin
10:40says. Now let us understand the
10:41historical theory of rights. What does
10:43this theory say? This theory says that
10:45rights are a product of historical
10:48development. As human life evolves,
10:52progresses, and develops, rights also
10:55continue to develop. Therefore, rights
10:59always keep changing from time to time
11:01and state to state. They do not remain
11:03the same. If you go to another country,
11:05different kinds of rights are protected
11:07there. Similarly, if you look at the
11:09past and compare it to the present,
11:12rights may have changed. The historical
11:14theory of rights states that there are
11:16some time-tested customs. There are
11:18certain traditions or customs from
11:20which these rights emerge. Our
11:22ancestors have tested many things. They
11:25understood what is necessary for
11:27society. Rights emerge on the basis of
11:30those customs. That is why the state
11:32cannot create rights on its own. It
11:34cannot just decide one day on its own
11:36to bring in a right for society and
11:38impose it on everyone. It cannot happen
11:41like that. If those rights have a
11:42history, have been tested in the past,
11:45and emerge from a custom, only then can
11:47they be considered rights. It is better
11:49if the state does not create rights on
11:51its own. So, rights should emerge from
11:53old customs. Edmund Burke is its main
11:56supporter. Edmund Burke criticizes the
11:59French Revolution because the rights
12:01talked about there, like liberty,
12:03equality, and fraternity, are abstract
12:06rights—that is, man-made rights. They
12:09were just created. They have no
12:11presence whatsoever historically. They
12:14were never tested in the past. They did
12:16not emerge from any customs. It seems
12:19as if they were suddenly imposed upon
12:21people. Such rights are not proper
12:23rights, and he instead glorifies the
12:25rights of the English Revolution,
12:27stating that these rights emerged from
12:30customs. They emerged as time-tested.
12:33It took a long time for such rights to
12:35develop, and only then did the English
12:36Parliament adopt them. He supports such
12:39rights. He glorifies them. Now, let's
12:42learn about human rights. The concept
12:44of human rights develops from the
12:46theory of natural rights. As society
12:48becomes more secular and religion
12:51declines, the theory of natural rights
12:53has to be reformed or restructured.
12:56That is why the concept of human rights
12:58comes into being. The concept of human
13:00rights basically states that if we are
13:02all humans. Right? By virtue of being
13:05human, we should get certain rights.
13:07Therefore, these rights are universal
13:09rights in themselves. Meaning wherever
13:11humans live, they should all have these
13:13rights equally. Like the theory of
13:15natural rights, the concept of human
13:17rights also believes that these rights
13:19are inalienable. They cannot be taken
13:22away from us. We are human beings. As
13:24humans, these rights should be
13:25available to us. If these rights are
13:27taken away from us, without them, we
13:29would not remain human. Our very
13:31existence as humans depends on these
13:32rights. But unlike the theory of
13:34natural rights, the concept of human
13:36rights does not consider them absolute.
13:38This concept states that human rights
13:40cannot always be absolute. For example,
13:42take the right to life. So, in the
13:45right to life, you have the right to
13:47live your life. This does not mean that
13:49you cannot be given the death penalty.
13:51Your life cannot be taken away from you
13:53. Capital punishment cannot be given.
13:55Under certain conditions, if you commit
13:58a major crime, your life can be taken.
14:01Therefore, human rights are not always
14:03absolute. They can be restricted at
14:05some level or another. Along with this,
14:08let's explore a very interesting debate
14:10: where does human life begin? For
14:12instance, those who say that human life
14:14begins before birth. Human life begins
14:16in the mother's womb itself. So, they
14:19argue that children who are not yet
14:21born and are in the womb also have
14:23rights. If every human has rights, and
14:25they are also humans, then they have
14:27rights too. Therefore, we cannot abort
14:30them. We cannot kill them in the womb.
14:32These people believe that life is quite
14:35sacred. All living things on this earth
14:38should have rights. On the other hand,
14:41there are people who say that human
14:43life begins at birth. When you are born
14:45, that is when human life begins, and
14:47only then do you get human rights.
14:49Therefore, until a person is born, they
14:52have no rights. Hence, they believe
14:54that women have the right to have an
14:57abortion. Recently, India has also
14:59allowed abortions up to 24 weeks. But
15:01in special cases like rape survivors,
15:04widows, or divorcees, it has been
15:06permitted. Within 24 weeks, they have
15:08the right to choose to have an abortion
15:11. Now, let's understand the challenges
15:13that challenge human rights. The first
15:15one is animal rights. The concept of
15:17animal rights developed in the final
15:19decades of the 20th century. The
15:22liberation movement regarding animal
15:24welfare is part of green politics.
15:26Those who want to protect the
15:27environment. Along with that, they also
15:30think about animals. They say that
15:32human beings are not superior to the
15:35natural world. They are also a part of
15:37the natural world. It is not that they
15:40can treat the natural world or use it
15:42however they wish. That cannot be. They
15:46support the idea that we should adopt
15:48vegetarianism. Animals should not be
15:51killed for food. They want better
15:53treatment for farm animals and are
15:55against the use of animal skin. They
15:58are against any kind of experiments
16:01performed on animals in labs. This is
16:04how they want to protect animal rights.
16:06Peter Singer has a book titled "Animal
16:08Liberation" which was published in 1975
16:11. He says that just as human beings can
16:13feel suffering. They can feel pain. In
16:15the same way, animals can also feel
16:17suffering and pain. Just as we treat
16:20human beings very well and respectfully
16:22. We should do the same for animals
16:24because they can also feel suffering.
16:27They can also feel pain. Based on this,
16:29another important work related to
16:31animal rights is by Tom Regan, whose
16:33book is titled "The Case for Animal
16:36Rights," published in 1983. He says
16:38that all creatures on earth that have a
16:41life should have rights. Having a life
16:44means that those who can feel and
16:46perceive have a life. So, the right to
16:49life is a fundamental right, and
16:51animals should also possess and receive
16:53this right. Therefore, killing an
16:56animal would be exactly the same as
16:58killing a human being. We need to
17:00understand this case. I have a question
17:02for you. Do tell us in the comments
17:04when Animal Rights Day is celebrated.
17:06If you Google it, you will be surprised
17:08. It is celebrated on the same day we
17:11celebrate Human Rights Day. Which day
17:13is that? Tell us that date in the
17:15comments. Now let's understand the
17:17feminist perspective and see why it is
17:19against the notion of human rights. It
17:21is basically against the universal
17:23notion of human rights that everyone
17:25should have equal rights. All humans
17:27are the same. Everyone should get equal
17:29rights. It is against that. Because
17:31they say that human beings are not
17:33identical. All humans are not the same.
17:36Since all humans cannot be the same,
17:37not everyone should receive the same
17:39rights. For example, women have certain
17:41special rights that we must recognize.
17:44Like, women need the right to maternity
17:46leave. The right to abortion. Perhaps
17:49there is a demand today that they
17:50should also be paid for housework. Such
17:53special rights should be granted to
17:55women. There is a need to recognize
17:57them. In human rights, they do not
17:59receive such special rights. Therefore,
18:01considering their special needs,
18:02special rights should be given. And
18:04anyway, Susan Moller Okin, in her book
18:07"Justice, Gender, and the Family"
18:09published in 1989, discusses the
18:11distinct standpoint of women. In which
18:13she says that most theories of rights
18:16and justice, and all the arguments,
18:18have been written by male philosophers.
18:20Therefore, it is very important to look
18:21at the standpoint of women. It is very
18:23important to look at their lives from
18:25their perspective, from their point of
18:27view. What kind of rights do they need?
18:29What should their idea of justice be?
18:31It is very important to look at this,
18:33which is mostly ignored. Along with
18:35this, Iris Marion Young talks about
18:38group-differentiated citizenship.
18:40Meaning, she talks about
18:42group-differentiated rights, that the
18:44human rights we provide are based on
18:46individuals. They are given on the
18:47basis of individuality. No, we should
18:49give group-specific rights. Every group
18:52should have its own separate rights.
18:55Women should have separate rights. The
18:56LGBT community should have separate
18:58rights. Similarly, religious groups
19:01should be given special rights.
19:03Minority groups should receive separate
19:05rights. They talk about
19:07group-differentiated rights and also
19:09criticize the notion of human rights.
19:11Now we talk about the multicultural
19:13perspective, how the multicultural
19:15perspective criticizes the notion of
19:17human rights. It is also against the
19:19rights given on an individual basis, on
19:22a universal basis. Everyone is given
19:24the same rights. Because the
19:26multicultural perspective says that
19:28some ethnic and national minorities
19:30also exist in the world. Pay attention
19:32to them as well. Their needs, their
19:34rights, cannot be the same as others.
19:37They should get special rights so that
19:39they can preserve their culture.
19:41Preserve their identity. Because if you
19:44don't give them such rights, there is a
19:47high chance that the economic and
19:49political decisions of the majority
19:52living there will undermine their
19:54culture. It will destroy their culture
19:56completely. They will not be able to
19:58preserve their identity themselves.
20:00That is why they should be given
20:02special rights. Therefore, they should
20:05get minority rights so that they can
20:06remove their disadvantages. So, Will
20:09Kymlicka talks about three such
20:11minority rights that should be granted,
20:12the first being self-government rights.
20:15So that they can run their own
20:16government. They should be given this
20:18right. The second is polyethnic rights,
20:20which includes some special rights.
20:22Like Muslims being able to wear a hijab
20:25or a burqa. Sikhs being able to wear a
20:27turban after going to another country.
20:29These are called polyethnic rights. The
20:31third is representation rights. Seats
20:33should be reserved for them in the
20:35parliament there so they can represent
20:37their community. They can raise their
20:39voice on that representation platform.
20:42This is what is referred to as
20:43representation rights. So, with this,
20:45we end today's video. I hope you liked
20:48the video, and the sources I have used
20:50in this video are on your screen. Thank
20:53you very much for watching this video.
20:56Thank you.

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