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v0.1.1489
NotesPhilosophy HLTopic 7.3What are rights?
Back to Philosophy HL Topics
7.3.13 min read

What are rights? (Philosophy HL)

IB Philosophy • Unit 7

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Contents

  • Three kinds of right
  • Universal and inalienable — or a Western idea?
  • Rights, duties and non-human claims
The big idea: You say it all the time — 'you have no right to do that', 'it's my right'. But what IS a right?

A right is a strong claim that others have to respect — a protected space around you that people aren't allowed to cross. The tricky part is that there are different kinds of right, and mixing them up causes most political arguments to go in circles.

Philosophers sort rights into three kinds, and telling them apart is the first move in this whole topic.

The three kinds of right

1

Legal rights

Given to you by the law of your country — the right to vote, to drive, to a fair trial. They exist because a state grants them.

2

Human rights

Claimed for EVERY human just for being human — not to be tortured or enslaved. They don't wait for a state to grant them.

3

Natural rights

Said to come from nature or reason itself, not from any law — the older philosophical root of human rights (Locke: life, liberty, property).

Legal · Human · Natural

Hold onto this: The key contrast: legal rights depend on a state to grant them; human and natural rights are meant to hold whether the state agrees or not. That's why we can say a law is unjust — it breaks a right the law itself didn't create.

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Human rights come with two big claims attached, and both get challenged.

Two claims — and the pushback: Human rights are said to be universal and inalienable — you can't lose your right not to be tortured even if a government revokes it. The challenge: some argue human rights are really a Western idea dressed up as universal — born from European philosophers, then exported to the rest of the world. If they grew from one culture, can they truly claim to bind all cultures?
Checkpoint — universal?: In one line: human rights CLAIM to be universal and inalienable, but critics ask whether a mostly-Western idea can honestly bind every culture. Hold that — the next section asks what we owe in return for our rights.

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A right is never free-floating: your right lands as someone else's duty.

Every right is a duty for someone: Rights and duties are two sides of one coin. Your right to free speech means everyone else has a duty not to silence you. Your right to a fair trial gives the state a duty to provide one. Some thinkers add a third idea — responsibilities — arguing you can't just take rights and give nothing back. So rights, duties and responsibilities lock together: claim a right, and you owe the matching duty to others.
Can animals or nature have rights?: If rights protect those who can be harmed, why stop at humans? The Norwegian philosopher Arne Naess argued for deep ecology: animals, forests and rivers have worth in their own right, not merely as things useful to us. On this view a right isn't only a human possession — a non-human animal that can suffer, or even an ecosystem, can hold a claim we're bound to respect.
Go further — higher-level insight: Spot the pivot in the animal-rights debate. Rights usually protect beings who can DUTIES back — but a river can't owe anyone a duty. Naess's move is to break the rights↔duties link for non-humans: you can HOLD a right (a claim not to be destroyed) without OWING a duty. Naming that split — rights without matching duties — is a top-band move.
Checkpoint — how far rights reach: In one line: rights come with matching duties, and thinkers like Naess argue the circle of rights-holders should widen beyond humans to animals and nature itself.

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Fill the gap: every right is a matching ______ for someone else — your right to speak means others must not silence you. [1 mark]

Related Philosophy HL Topics

Continue learning with these related topics from the same unit:

7.1.1What is the state?
7.1.2Where does the state's authority come from?
7.1.3What makes a government legitimate?
7.1.4Do we owe the state obedience?
View all Philosophy HL topics

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