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Human Rights And Human Rights Organisations

2596 words - 10 pages

Year 11 Legal StudiesAssessment Task 3Human Rights1. Distinguish Betweena) Legal, moral and customary rights.Legal rights are rights that are enforceable by law and people with legal rights usually also need to have legal standing to be recognized by the judiciary. The basis for legal rights in the Australian legal system come from common law and statute law.Customary rights are rights that are deemed to exist as they have been practiced for long periods of time and are accepted by a group. Customary rights can be enforced under law in some circumstances. In general, the broad customary rights of a society are reflected in the legal rights of the society. Customary rights differ from legal rights because customary rights are not always recognized by the law, and they do not hold the same level of clarity as legal rights. They can sometimes be ambiguous, and not everyone may be aware of them. Customary rights are not as discoverable or accessible as legal rights.Moral rights are those that a particular group believe to be right and just. More often than not, moral rights are reflected in the laws and customs of the society and take roots largely from religious beliefs. Moral rights vary greatly from culture to culture, but there are certain morals that are thought to be universally present. An example of this is that most people would agree that theft is immoral. "In a pluralistic society what people see as their moral right might conflict with others in society or the laws of that society. For example an individual who is opposed to war might well hold it is his or her moral right to refuse to fight." Even though this may be his moral right, it would not be his legal right if there was a draft act in place. In this way moral rights differ from legal rights as they are much more subjective and inconsistent across an entire society and are not as discoverable or wide spread as customary rights or legal rights.b) various types of individual and collective human rightsRights can be divided into individual rights, those that are held by citizens as individuals (or corporations) are recognised by the legal system, and collective rights, held by an ensemble of citizens or a subgroup of citizens who have a certain characteristic in common. In some cases there can be an amount of tension between individual and collective rights. In other cases, the view of collective and individual rights held by one group can come into sharp and bitter conflict with the view of rights held by another group."Many human rights are by their very nature the rights of individuals. Some human rights combine individual and collective aspects. For example, the freedom to manifest religion or belief can be exercised individually or in community with others. With respect to other human rights, collective aspects prevail. This is the case with the rights of the family and trade union freedoms.There are also rights which give attention to the special needs of groups as such. By...

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