![]() ![]() ![]() Rights are perfect and imperfect positive and negative real and personal proprietary and personal in repropria and in re aliena principal and accessory and legal and equitable. Holland, “Right means a capacity residing in one man of controlling, with the assent and assistance of the state, the actions of others.” According to Salmond a right involves (I) a person invested with the right, or entitled (ii) a person or persons on whom that right imposes a correlative duty or obligation (iii) an act or forbearance which is the subject-matter of the right (iv) an object, that is, a person or thing to which the right has reference and (v) a title or reason for the right becoming vested in the owner. Salmond, “Right means an interest recognized and protected by the law, respect for which is a duty, and disregard of which is a wrong.” T.H.Green, “Without society conscious of common moral interests, there can be no rights.”īarker, “Rights are those necessary conditions of the greatest possible development of the capacities of all individuals, which are secured and guaranteed by the states.” Gilchrist, “Rights arise from the fact that man is a social being”īosanquetm, “A right is a claim recognized by the society and enforced by the State.” Laski, “Every state is known by the rights that it maintains.” He also added that rights, in fact, are those conditions of social life without which, no man seeks in general, to be himself at his best. The relation between the articles of United Nations Declaration of Human rights and the constitution of Bangladesh has cited in this topic.ĬONCEPT OF RIGHTS, HUMAN RIGHTS AND FUNDAMENTAL RIGHTSĬoncept Rights: Right means a claim of some interests adverse by an individual or a group of individuals which has either moral or legal basis, and which is essential for his development in the society. Any civilized country or body like United Nations must recognize them, they cannot be subjected of the process of amendment even. As pointed out by Lauterpacht since human rights are not created by any legislation, they resemble very much natural rights. ![]() for example, was the body of rules and customs which unlike local custom governed the whole country. Another way to describe them would be to call them ‘Common rights’ for they are rights which all men and women in the world share, just as the common law in England. As natural rights they are seen as belonging to men and women by their very nature. As pointed out by Fawcett, “Human rights are some basic rights they are those, which must not be taken away by any legislature or any act by government and which are often set out in a constitution”. Human rights are the rights which are possessed by all human beings, irrespective of their race, caste, nationality, sex, language etc simply because they are human being. ![]() Human Rights and the Constitution of Bangladesh (International Law of Human Rights) ![]()
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