Inalienable Rights: Myth or Reality

The concept of inalienable rights has been a cornerstone of Western liberal democracy. Much debate revolves around whether these rights are truly inherent and universal, or if they are constructs subject to change and limitations. This article explores the

Understanding Inalienable Rights

What are inalienable rights, and do they exist in reality? Unlike physical attributes such as height and weight, rights are not inherently attached to individuals. A right comes into existence only when specified and agreed upon by a collective, often through legal or moral consensus.

No Absolute Human Rights

The Universal Declaration of Human Rights (UDHR), while a monumental achievement, does not guarantee absolute human rights. These enumerated rights often end where the rights of others begin. Additionally, all residents of a country enjoy constitutional and civil rights that are lawful and restricted for legitimate purposes. These rights are not absolute either, as they are limited by the rights of others.

Modern Western Culture and Inalienable Rights

Modern Western culture is rooted in the idea that all people are created equal and endowed with unalienable rights. However, these rights are not absolute as the existence of absolute rights would create an insurmountable conflict in a cultured society. If one’s rights are absolute, it would inherently take precedence over the rights of others, given that others also possess absolute rights. This paradox necessitates a balance where society requires individuals to respect the rights of others, even if it limits their own rights.

Protection of Rights: Due Process

The protection of these rights is crucial. Some notable exceptions to absolute rights include the right to due process, which is a fundamental legal principle ensuring that individuals are treated fairly. This includes:

Notice of the charge The right to counsel The right to Discovery to examine the evidence against you The right to Depose witnesses before trial The right to cross-examine witnesses at trial and to present your own evidence and witnesses at trial The right to appeal The right to the benefit of Reasonable Doubt

Despite the lack of absolute rights, these due process protections ensure that individuals are treated justly and their rights are preserved.

Creating a Civil Society

To maintain a civil society, it is essential to balance individual and collective rights. This balance is achieved through laws and legal processes designed to protect individuals while respecting the rights of others. This system is based on an absolute right to due process, ensuring that justice is served and personal rights are upheld.

Conclusion

In summary, while the concept of inalienable rights is deeply ingrained in modern Western culture, these rights are not absolute. Instead, they are contingent upon the needs and harmony of a civil society. The balance between individual and collective rights is maintained through laws, legal processes, and the protection of due process, ensuring the preservation of individual rights while respecting the rights of others.