Can anyone explain "negative" and "positive" rights?

Question

Im revising for a test. The context is in terms of human rights. The UK has an unwritten constitution which affords people "negative" rights. However the Human Rights Act 1998, which adheres to the European Convention on Human Rights now gives people living in the UK "positive" rights.

What exactly is the difference between negative and positive rights?

Thank you

Answer 1

Good question.

Within the philosophy of human rights, some philosophers and political scientists see a distinction between positive and negative rights. According to this view a positive right imposes a moral obligation on a person to do something for someone with a positive right, while a negative right merely obliges others to refrain interfering with someone's attempt to do something.

To state the difference more formally, if 'A' has a negative right against 'B' then 'B' must to refrain from acting in such a way as to prevent 'A' from doing 'x'. If 'A' has a positive right to do 'x', then 'B' must assist 'A' to do 'x' if 'A' is not able to do 'x' without that assistance. For example, a negative right to life would require others to refrain from killing a person. A positive right to life would require others act to save the life of someone who would otherwise die.

Negative rights may be used to justify political rights such as freedom of speech, property, habeas corpus, freedom from violent crime, freedom of worship, a fair trial, freedom from slavery and the right to bear arms. Positive rights may be used to justifiy state-provided education, health care, social security or a minimum standard of living.

In the 'three generations' account of human rights, negative rights are often associated with 'first-generation rights', while positive rights are associated with 'second-generation rights'.

Answer 2

Positive Rights

Answer 3

This Site Might Help You.

RE:
Can anyone explain "negative" and "positive" rights?
Im revising for a test. The context is in terms of human rights. The UK has an unwritten constitution which affords people "negative" rights. However the Human Rights Act 1998, which adheres to the European Convention on Human Rights now gives people living in the UK...

Answer 4

A positive right imposes a moral obligation on a person to do something for someone with a positive right, while a negative right merely obliges others to refrain interfering with someone's attempt to do something.

Negative rights may be used to justify political rights such as freedom of speech, property, habeas corpus, freedom from violent crime, freedom of worship, a fair trial, freedom from slavery and the right to bear arms.

Positive rights may be used to justifiy state-provided education, health care, social security or a minimum standard of living.

Answer 5

I think most people have pretty much answered this, but put simply, positive rights are "freedom to..." and negative rights are "freedom from..."

Answer 6

You're going to be told that gay people want a special right to marriage, that they already have a right to marriage so long as they marry a person of the opposite sex and allowing them to marry a person of the same sex is a "special right." But same-sex marriage isn't a special right, as it won't be limited to gay people. Heterosexual people probably won't have same-sex marriages, like gay people don't have many opposite-sex marriages, but the option is still available to them. Allowing same-sex marriage isn't granting a special right, but just making a small change to the law so that everyone can enjoy it equally.

Answer 7

i believe negative and postive rights are when the law says you are entitled to something... they are positive rights... and negative rights are where the law says you cant have something but you get it anyway..

Answer 8

http://en.wikipedia.org/wiki/Negative_and_positive_rights. Good luck.