Theory of Human Rights Law (OCR A-Level Law): Flashcards

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Theory of Human Rights Law
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Natural rights theory - 3 fundamental rights per John Locke

Life, liberty, property

Legal rights theory - origin of rights

Rights come from the state, not society or natural law

Societal rights theory - what determines rights

What society considers desirable & socially useful

Economic rights theory - who developed & main claim

Karl Marx - rights protect dominant economic groups

5 core principles of human rights law

Universality, interdependence, inalienable, dignity, pluralism

Absolute rights - definition & example

Cannot be restricted; e.g., prohibition of torture

Limited rights - definition & example

Restricted in specific circumstances; e.g., freedom of movement

Qualified rights - definition

Balanced against needs of others & broader society

Rights vs liberties - key difference

Rights are universal guarantees; liberties are country-specific

Universal Declaration of Human Rights - year & purpose

1948 - comprehensive framework applicable to all people globally

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