- Outstanding examples of positive rights
- 1. Right to public education
- 2. Right to the social security system
- 3. Right to be supported by parents
- 4. Right to private property
- 5. Right to protection of private property
- 6. Right to have contracts enforced and protected by the government
- 7. Regulations regarding roads and transportation
- 8. Penal code
- 9. Regulations regarding commercial matters
- 10. Code of ethics of a profession
- 11. Licenses and permits
- 12. Legal documents, such as birth certificates, marriage certificates, among others
- 13. Right to vote
- 14. Right to protection of the individual
- References
The positive rights are the legal rules or laws set forth by the state agency exercising the legislative function. They oppose negative rights, which are the obligation that other members of society have to proceed without committing certain acts that can harm themselves or others.
An example of negative law is being able to be in your home without having to worry about someone breaking into it illegally, while an example of positive law is the social security system.
While negative law requires someone not to do something, positive law seeks that one member of society offers a service to another. In short, positive rights are rights that impose obligations to act in a certain way and that are enforced by law.
Positive rights are statutes created by the human being organized into political entities, such as the State. At this point, they differ from natural rights (such as equality and freedom) which, as the name implies, are determined by nature and are considered universal.
While positive rights are written in legal documents, natural rights are so recognized that they do not need to be written.
Outstanding examples of positive rights
1. Right to public education
Human beings have the right to be guaranteed access to public educational institutions, that is, funded by the State.
2. Right to the social security system
As with education, a positive right is that the State guarantees all citizens social security and access to hospital and health systems free of charge.
3. Right to be supported by parents
Children have the positive right to be supported by their parents or representatives in making decisions. It is the obligation of parents to ensure the safety and well-being of their children.
4. Right to private property
All individuals have the right to private property, that is, they have the right to own an asset (movable or immovable, tangible or intangible) without fear that it will be stolen or expropriated from them.
5. Right to protection of private property
The individual has the right to request and receive protection from the competent authorities if he considers that his property is in danger.
In the event that the assets owned by a person are stolen, violated or invaded, the individual can ask for justice to be done.
6. Right to have contracts enforced and protected by the government
Individuals have the right to have contracts of any kind (commercial, matrimonial, among others) reinforced and protected by the government, so that if one of the parties breaches the contract, the other party is not affected.
7. Regulations regarding roads and transportation
The regulations on roads and land, air and water transport include a series of positive rights, such as the right to obtain driver's licenses.
8. Penal code
The penal code consists of a series of laws that guarantee the rights of people who must be subjected to judicial and criminal proceedings.
For example, when a person is arrested, they have the right to remain silent and to receive legal advice (offered by private or state lawyers).
9. Regulations regarding commercial matters
Just as the State must guarantee and enforce contracts, the State must also guarantee the protection of commercial affairs that involve its citizens.
This regulation is included in the laws such as commercial codes, which must be consulted before carrying out commercial protocols.
10. Code of ethics of a profession
The ethical code of a profession is made up of rights and duties that all members of said union have.
The ethical code safeguards the positive rights of an individual as a professional and not only as citizens.
For example, the code of ethics for doctors establishes that they have the right "to exercise the profession freely and without pressure of any kind."
11. Licenses and permits
Licenses and permits (such as those for digital programs) are similar to contracts, in that they establish a legal relationship between producer and consumer.
These indicate certain positive rights towards both parties: the producer has the right to have his work respected, acquired and distributed legally.
For their part, the consumer has the right that the product purchased is the one requested and that the license of use is respected for the time established in the contract.
12. Legal documents, such as birth certificates, marriage certificates, among others
Citizens have the right to have their legal documents processed. For example, an individual who has just gotten married has the right to have the State issue the document stating the change in marital status. The same happens with the change of vital status of citizens (birth and death certificates).
13. Right to vote
Human beings have the right to vote, which is the best way to elect the representatives who will be part of the government of the nation.
In this way, the participation of all the people in the government is guaranteed, since it is in the people, and not in the leaders, who sovereignty resides (the power of the nation).
14. Right to protection of the individual
If the individual considers that his physical and psychological integrity is in danger, he has the right to request and receive protection from the competent authorities (police officers, the civil guard, among others).
15-Right to freedom of expression
16-Right to a home
17-Right to protection of intellectual property
18-Right to legal advice
19-Right to receive remuneration for our work
20-Right to participate in any area of political life, regardless of gender, skin color, sexual orientation and religion.
References
- Positive Rights vs. Negative Rights. Retrieved on June 26, 2017, from learnliberty.org.
- Understanding the Difference Between Positive and Negative Rights. Retrieved on June 26, 2017, from alabamapolicy.org
- Negative and Positive Rights. Retrieved on June 26, 2017, from wikipedia.org
- Positive Rights. Retrieved on June 26, 2017, from importanceofphilosophy.com
- Positive Rights. Retrieved on June 26, 2017, from volokh.com
- Negative and Positive Rights. Retrieved on June 26, 2017, from uky.edu