Free Essay: The Necessity of Rights

Human rights refer to a given set of rights to which all citizens in the United States are entitled. All citizens enjoy these rights no matter their gender, race, age, and economic status. Human rights play a crucial role in ensuring that all citizens in the United States are treated in an equal manner. Human rights act as a safeguarding element of the citizen’s interests. They can be civil or political. They are the basic and classic human rights that limit the authority of the government, and which affect the independence of the citizens. They also allow citizens to participate in government activities.

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The United States has three documents that share a common interest in some rights. They include The U.S. Constitution (1787), France’s Declarations of Man and Citizen (1789), and the United Nation’s The Universal Declaration of Human Rights (1948). These documents dictate the history of rights and how these rights influence the well-being of the citizens of the United States. There are many rights outlined in either of the document (Shallus, 2019). However, there are rights that are common to the three documents creating an inter-relationship of reference among the three documents.

The Bill of Rights creates a restriction for itself and guarantees that there is no infringement of individual rights of the individual. The Declaration of Man and Citizen advocates against personal rights infringement as well as defining the society and individual interdependence relationship. In addition, it shows the elaborate role and responsibility of the state to protect the poor as well as provide education to the citizens.

The bill of Rights had an elaborate design to provide protection of individual personal freedoms in the environment of a constitution that could be well implemented and amended. This established a concrete working of a government that is democratic. The Declaration of Rights of Man and Citizen had a framework to indicate how the United States would be structured.

The three documents are a provision for separate power allocations with the utmost respect to equality prior to taxation as well as the need for a defense that is common to all. The three documents are against any arbitrary arresting as well as ex post facto criminal law application. They go ahead to advocate for the prohibition of the illegal arrest of a suspect and the there is upholding of presumption of innocence. Additionally, the documents proclaim property ownership rights and at the same time, eminent reserve domain of the public right.

All citizens are entitled to freedom of speech as outlined in the documents, of religion as well as freedom of the press. However, there is a slight difference in France's Declaration, which qualifies religion freedom with the specific provision that any expression of religious-related opinions does not disturb public law and order. When a person closely examines the documents, there is noting that the similarities end when common rights are exhausted and in the same writing spirit that was applied.

There is a general agreement that the French National Assembly, as well as the American Constitutional Congress members, were under the influence of the political and philosophical enlightenment, equality, tolerance as well as tyranny elimination and personal freedom. Recent scholars have shown that that which we refer to as "enlightenment" was actually a division of irreconcilable and distinct camps (Wehrs, 2018).

There was Radicle enlightenment and Moderate enlightenment, and they both embraced the nature ideas of reality, freedom, equality, property, education as well as the civil government (Maddison, 1788). These basic differences are well observed in the documents. The foremost article that is well stated in the Declaration of man and citizen is identical to the Declaration of Independence “men are born and continue equal and free in respect of their rights.”

What is fascinating in this is, albeit truly, the Moderate enlightenment appears to be generally compelling in the confining of the Bill of Rights and the Constitution, there is a predictable strain between Moderate Enlightenment and Radical Enlightenment since these records were encircled and, somewhat, these pressures continue right up 'til today.

Radical Enlightenment thoughts persevere as individuals keep on attempting to revise the Constitution so as to make it a progressively libertarian record and to the degree that we ceaselessly work to make our general public an all the more just society, one that isn't just worried about securing singular negative opportunities yet that is additionally worried about thinking about the individuals who are least ready to think about themselves.

To give comprehensive quality training to all residents, and to keep up a level of monetary decency that intervenes between the limits of riches and destitution that can jeopardize fair organizations. In total, to the degree that individuals here and wherever battle for correspondence, nobility, equity, and opportunity, regardless of sex, race, religion, or ideology, the soul of the Radical Enlightenment.

Moreover, the 1793 Declaration expresses that "the point of society is the regular government assistance". It likewise expresses that there is "mistreatment against the social body when a solitary one of its individuals are abused" referring to a statement of individual opportunity. Additionally "there is persecution against every part when the social body is persecuted,” and refers to an outflow of the natural and fundamental solidarity and the relationship between social life form and the citizen. These are important ideas in the thought of Radical Enlightenment.

References

Madison, J. (1788). The Federalist No. 51: The structure of the government must furnish the proper checks and balances between the different departments. Independent Journal, 6.

Shallus, J. (2019). The Constitution of the United States: A Transcription. National Archives: America’s Founding Documents.

Wehrs, W. (2018). The Rise of Political Factions in the United States: 1789–1795.