Rights & Duties

Rights & Duties
Rights
• RIGHT is anything which is owed or due.
• RIGHT is the moral power, bound to be respected by others.
• Legal, social, or ethical principles of freedom or entitlement
• What is allowed of people or owed to people, according to some legal
system, social convention, or ethical theory
• Effect or consequence of the law
Kinds of Right
• Natural Rights – based on the natural law.
• Human Rights – based on human positive laws, either those enacted by
the State or by Religion.
• Alienable and Inalienable Rights –
• Alienable rights are those which could be surrendered, renounced or removed –such
as the right to travel and the right to operate a business.
• Inalienable rights are those which cannot be surrendered, renounced or removed –
such as the right to life, the right to marry and the right to education
• Juridical and Non-Juridical Rights –
• Juridical rights are those based on the law. These rights are to be respected,
permitted, and fulfilled as a matter of justice.
• Non-Juridical rights are those based on virtue rather than strict justice.
• Right of Jurisdiction – is the power of a lawful authority to govern and
make laws for his constituentor dependents.
Characteristic of Rights
1. Coaction is the power to inherent in rights to prevent their being
violated and to exact redress for their unjust violation.
2. Limitation is the natural limits or boundary beyond which a right
may not be insisted without violating the right of another.
3. Collision is the conflict of two rights so related that it is not possible
to exercise one without violating the other.
• In the resolution of conflict, the right which should prevail is that which
(1) belongs to the higher order, or
(2) is concerned with a graver matter, or
(3) founded upon a stronger title or claim.
Civil and Political Rights
• Civil Rights – enjoyed by person as private individuals in pursuit of
their personal activities and in their transaction with others.
• Political rights – enjoyed by persons as citizens in their participation

in government affairs.
Economic, Social and Cultural Rights
• Economic, social and cultural rights are as important as political and
civil rights.
• For freedom from detention, torture and other forms of political
repression will be meaningless when people are hostage to hunger,
disease, ignorance and unemployment.
Duties
• DUTY is anything we are bound to do or omit.
• DUTY is a moral obligation incumbent upon a person to do, omit, or
avoid something.
• Moral commitment to someone or something
• Root idea of obligation to serve or give something in return
• Committed to the cause involve even if it requires sacrifice
• Restriction of free will through the prescription of the law
• Ought but not a must
Correlation of Right and Duty
• Right and Duty are correlative in a given person.
• One who has a right to something has the duty to act consistent
with that right.
• A prevailing error is insisting that other people respect our rights,
while we ourselves do very little about our duty to act consistently
with such right.
• Reciprocity of Rights and Duties
• In interpersonal relationship, rights and duties are reciprocal. The
right of one person implies in another the duty to respect that
right.
Kinds of Duties
• Natural Duties – imposed by natural law
• Positive – imposed by a human positive law

Duties are either affirmative or negative
• Affirmative Duties are those that require
the performance of an act.
• Negative duties are those which require

the omission of an act.
Exemption from Duty
• Negative duties arising from negative natural law admit no exemption
• Affirmative duties arising from affirmative percept's of natural law
admit exemptions when the act is rendered impossible under certain
conditions or would involve excessive hardship on the person.
• Ordinary hardships which come along with the performance of a duty
do not exempt one from complying with such duty.
Conflict of Duties
1. Duties towards God must be given priority over those towards men.
2. Duties that secure public order or the common good have priority
over those that safeguard the individual.
3. Duties towards the family and relatives take precedence over those
towards strangers.
4. Duties of greater importance take precedence those of lesser
importance.
5. Duties based on higher law take precedence over those coming
from lower laws.

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Rights & Duties

• Political rights – enjoyed by persons as citizens in their participation

• Positive – imposed by a human positive law

• Negative duties are those which require

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