The Question of non-Derogable and Inalienable Rights Sample Clauses

The Question of non-Derogable and Inalienable Rights. We have previously mentioned the four non-derogable rights: the right to life; the right to be free from torture and other inhumane or degrading treatment or punishment; the right to be free from slavery; and the right to be free from retroactive application of penal laws.28 Though recognized as normatively legitimate, by what logic are these particular rights distinct from others that are subject to limitation or suspension? Does the non-derogability of these rights signify heightened importance, and if so, does this imply a hierarchy? Derogability is a legal concept, referring to the ability of a (legal) right to be repealed or revoked temporarily by a state in times of crisis.29 In searching for something distinctive about a moral right, it makes sense to frame the debate as a matter of alienability and absolutism. Inalienable rights are those rights that cannot be surrendered or transferred. They may be thought of as “essential limitations on all governments,” justifying a “right to resistance” in case of infringement.30 Hegel offers a xxxxxx treatment of the idea in his Philosophy of Right: The right to what is in essence inalienable is imprescriptible, since the act whereby I take possession of my personality, of my substantive essence, and make myself a responsible being, capable of possessing rights and with a moral and religious life, takes away from these characteristics of mine just that externality which alone made them capable of passing into the possession of someone else. When I have thus annulled their externality, I cannot lose them through lapse of 28 “10.2 Human Rights in Times of Emergency,” United Nations Office of Economic and Social Affairs: International Norms and Standards (online), xxxx://xxx.xx.xxx/esa/socdev/enable/comp210.htm (accessed January 2012). 29 Ibid.
Sample 1
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