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The Discourse of Human Rights in China: Historical and by Robert Weatherley (auth.)

By Robert Weatherley (auth.)

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Extra resources for The Discourse of Human Rights in China: Historical and Ideological Perspectives

Sample text

In relation to the ‘practicability’ of a right, Cranston’s point that lack of adequate economic resources in many societies makes it impossible to have a universal claim to socio-economic rights is a valid one, and will be examined at greater length shortly. However, it has also been argued that certain civil-political rights are just as impracticable. Raphael (1967, pp. 63–4) points out that the right to life cannot be completely guaranteed because no amount of legislation or provision of police is able to prevent every murder.

On the contrary, he believed that ‘real rights’ were relative to the particular socio-political structures of each community. Indeed, he often spoke of the ‘rights of Englishmen’ as distinct from those of a citizen from another society. Thirdly, Burke rejected one of the ideas pivotal to natural rights, that individual reason or rationality provided a perspective from which to evaluate the social and political arrangements of a nation. Instead, the merits of the system could be measured ‘only by the solid test of long experience’ (p.

Socio-economic Rights Socio-economic rights usually pertain to those rights available from the welfare state, hence they are often described as welfare rights. They are also defined as ‘positive’ rights in that they require positive action from the duty-bearer, namely the welfare state. Such rights include the right to social security benefit for the unemployed, the sick, the disabled and the elderly, the right to education, and various employment rights such as the right to work, the right to adequate working conditions, the right to fair remuneration, and the right to rest and leisure.

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