Tuesday, 16/09/2014

HUMAN RIGHTS AND FUNDAMENTAL RIGHTS

1-. Where is the main source for founding the human’s rights?

The Universal Declaration of Human Rights created in 1948

·         In the international constitution

·         Universal declaration of human’s rights (1948)

2-. Human and foundamental right are synonymous, the same or different?

·         They are different in the sense that they have legal obligations and are enforceable in a court of law. But humans right don’t have, Human Rights apply to all human beings, they are universal. However, Fundamental Rights are limited to the citizens..

3-. Which is the meaning of citizenship. Relation with rights. Named the concept related to citizenship.

·         Is the status of a person recognized under the custom of law of a state that bestows on that person (citizen) the rights and the duties of citizenship.

·         Nationality is the synonym.

4-. Fundamental rights. What and where are they. Main source for finding my foundamentalrights.

·         Fundamental rights are a generally regarded set of legal protections in the context of a legal system,wherein such system itself based upon this same basic, fundamental or inalienable rights.

5-. Marshall types of rights

·         Civil (XVIII)

·         Political (XIX)

·         Social (XX)

                       THOMAS HUMPHREY MARSHALL

Thomas Humphrey Marshall (19 December 1893,London -29 November 1981,Cambridge) was a British sociologist, famous for his essay collection Citizenship and social class.

Citizenship

He wrote a seminal essay on citizenship, "Citizenship and Social class". It was published in 1950.

Types or rights

He analyzed the development of the citizenship in three different points and according to the historical development:

·         Civil rights in the XVIII century

·         Political rights in the XIX century

·         Social rights in the XX century. 

He said that the total citizenship only exist when someone has this three types of rights and it doesn't depend on the social class that one belong.The rights developed in different rhythms:

1.      CIVIL RIGHT means: individual freedom, personal freedom, freedom of the word, freedom of the conscience, property rights, hiring rights and equality in front of the law. 

2.      POLITICAL RIGHT: the participation in the political power like elector or agent of them. 

3.      SOCIAL RIGHT : education, work, public health, a house etc.

Main criticism.

Marshall's analysis of citizenship has been criticised on the basis that it only applies to males in England. 

Marxist critics point out that Marshall's analysis is superficial as it does not discuss the right of the citizen to control economic production, which they argue is necessary for sustained shared prosperity.

From a feminist perspective, the work of Marshall is highly constricted in being focused on men and ignoring the social rights of women and impediments to their realisation.