Tuesday, May 13, 2008

If 'A' has a positive right against 'B', then 'B' must assist 'A' to do 'x' if 'A' is not able to do 'x' without that assistance.

Within the philosophy of human rights, some philosophers and political scientists make a distinction between negative and positive rights. According to this view, a positive right imposes a moral obligation on a person to do something for someone, while a negative right merely obliges others to refrain from interfering with someone's attempt to do something.

To state the difference more formally, if 'A' has a negative right against 'B' then 'B' must refrain from acting in a way that would prevent 'A' from doing 'x'. If 'A' has a positive right against 'B', then 'B' must assist 'A' to do 'x' if 'A' is not able to do 'x' without that assistance. For example, a negative right to life would require others to refrain from killing a person. A positive right to life would require others act to save the life of someone who would otherwise die.

Negative rights may be used to justify political rights such as freedom of speech, property, habeas corpus, freedom from violent crime, freedom of worship, a fair trial, freedom from slavery and the right to bear arms. Positive rights may be used to justify public education, health care, social security or a minimum standard of living.

In the 'three generations' account of human rights, negative rights are often associated with 'first-generation rights', while positive rights are associated with 'second-generation rights'.

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