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Fundamental rights

About: Fundamental rights is a research topic. Over the lifetime, 21468 publications have been published within this topic receiving 281634 citations. The topic is also known as: basic rights & inalienable rights.


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Book ChapterDOI
TL;DR: In this paper, questions addressed to the emergence and mix of the components of the bundle of rights are prior to those commonly asked by economists, and they are answered by the authors.
Abstract: When a transaction is concluded in the marketplace, two bundles of property rights are exchanged. A bundle of rights often attaches to a physical commodity or service, but it is the value of the rights that determines the value of what is exchanged. Questions addressed to the emergence and mix of the components of the bundle of rights are prior to those commonly asked by economists. Economists usually take the bundle of property rights as a datum and ask for an explanation of the forces determining the price and the number of units of a good to which these rights attach.

4,043 citations

Journal ArticleDOI
TL;DR: The people of South Africa declare that there is a need to create a new order in which all South Africans will be entitled to enjoy and exercise their fundamental rights and freedoms.
Abstract: “We the people of South Africa declare that … there is a need to create a new order in which all South Africans will be entitled to … enjoy and exercise their fundamental rights and freedoms.” (Preamble to the Constitution of the Republic of South Africa)

3,681 citations

BookDOI
TL;DR: The Universal Declaration of Human Rights (UDHR) as mentioned in this paper is the moral backbone of more than two hundred human rights instruments that are now a part of our world and has been a source of hope and inspiration to thousands of groups and millions of oppressed individuals.
Abstract: In his 1941 State of the Union message President Franklin Roosevelt called for the protection worldwide of four essential freedoms: "the freedom of speech and expression, the freedom of worship, the freedom from want, and the freedom from fear". Roosevelt's enunciation of these freedoms was part of a movement that gathered strength in the 1940s and strived to make the protection of human rights part of the conditions for peace at the end of World War II. In 1947 Eleanor Roosevelt was elected to be the chair of the United Nations Commission on Human Rights that was charged to produce a separate document for this purpose.The resulting Universal Declaration of Human Rights, adopted in 1948, has become the moral backbone of more than two hundred human rights instruments that are now a part of our world. The document has been a source of hope and inspiration to thousands of groups and millions of oppressed individuals.Johannes Morsink offers a behind-the-scenes account of the Declaration's origins and development. He reports on the detailed discussions that took place in the United Nations, tells us which countries argued for or against each provision of the Declaration, explains why certain important amendments were rejected, and shows how common revulsion toward the Holocaust provided the consensus needed to adopt this universal code of ethics.

3,538 citations

Book
01 Jan 1995
TL;DR: The authors argued that certain kinds of "collective rights" for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity can be answered.
Abstract: The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural identity. This book presents a new conception of the rights and status of minority cultures. It argues that certain sorts of 'collective rights' for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity, can be answered. However, Professor Kymlicka emphasises that no single formula can be applied to all groups and that the needs and aspirations of immigrants are very different from those of indigenous peoples and national minorities. The book discusses issues such as language rights, group representation, religious education, federalism, and secession - issues which are central to understanding multicultural politics, but which have been surprisingly neglected in contemporary liberal theory.

3,453 citations

Journal ArticleDOI
TL;DR: The right to the city is not merely a right of access to what already exists, but a right to change it as discussed by the authors. But what is social justice? Is justice simply whatever the ruling class wants it to be?
Abstract: The right to the city is not merely a right of access to what already exists, but a right to change it. We need to be sure we can live with our own creations. But the right to remake ourselves by creating a qualitatively different kind of urban sociality is one of the most precious of all human rights. We have been made and re-made without knowing exactly why, how, and to what end. How then, can we better exercise this right to the city? But whose rights and whose city? Could we not construct a socially just city? But what is social justice? Is justice simply whatever the ruling class wants it to be? We live in a society in which the inalienable rights to private property and the profit rate trump any other conception of inalienable rights. Our society is dominated by the accumulation of capital through market exchange. To live under capitalism is to accept or submit to that bundle of rights necessary for endless capital accumulation. Free markets are not necessarily fair. Worse still, markets require scarcity to function. The inalienable rights of private property and the profit rate lead to worlds of inequality, alienation and injustice. The endless accumulation of capital and the conception of rights embedded threin must be opposed and a different right to the city must be asserted politically. Derivative rights (like the right to be treated with dignity) should become fundamental and fundamental rights (of private property and the profit rate) should become derivative. But new rights can also be defined: like the right to the city which is not merely a right of access to what the property speculators and state planners define, but an active right to make the city different, to shape it more in accord with our heart's desire, and to re-make ourselves thereby in a different image.

1,954 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
2023210
2022647
2021385
2020599
2019542
2018585