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.
