The rights Positive Are the legal norms or laws arranged by the body of a state that exercises the legislative function.
They oppose negative rights, which are the obligation of other members of society to proceed without committing certain acts that may harm them or others.
For example, a negative right is to be in your home without having to worry about someone illegally entering it while an example of positive law is the social insurance system.
While the negative right requires someone not to do something, positive law seeks that one member of society offers a service to another.
In short, positive rights are rights that impose obligations to act in a certain way and are reinforced by law.
Positive rights are statutes created by the human being organized in political entities, such as the State.
At this point, positive rights differ from natural rights (such as equality and freedom) which, as the name implies, are determined by nature and are considered universal.
While positive rights are written in legal documents, natural rights are so recognized that they need not be written.
Outstanding examples of positive rights
1. Right to public education
Human beings have the right to be guaranteed access to public educational institutions, that is to say, financed by the State.
2. Right to social security system
As with education, a positive right is for the State to guarantee to all citizens social security and access to hospital and health systems free of charge.
3. Right to be supported by parents
Children have the positive right to be supported by their parents or representatives in decision making. It is an obligation of parents to ensure the safety and well-being of their children.
4. Right to private property
All individuals have the right to private property, that is, they have the right to own property (movable or immovable, tangible or intangible) without fear of anyone being robbed or expropriated.
5. Right to protection of private property
The individual has the right to request and receive protection from the competent authorities if he considers that his property is in danger.
In the event that property owned by a person is stolen, violated or invaded, the individual may request that justice be done.
6. Right to have contracts reinforced and protected by the government
Individuals have the right to have contracts of any kind (mercantile, matrimonial, etc.) reinforced and protected by the government, so that if one party fails to comply with the contract, the other party is not affected.
7. Regulations on road and transport
The road, air, and water transport regulations include a number of positive rights, such as the right to obtain a driver's license.
8. Criminal Code
The penal code consists of a series of laws that guarantee the rights of people who must be submitted to judicial and criminal proceedings.
For example, when a person is arrested, they have the right to remain silent and receive legal advice (offered by private or state attorneys).
9. Norms relating to commercial matters
Just as the State must guarantee and reinforce contracts, the State must also guarantee the protection of commercial matters involving its citizens.
This legislation is included in the laws as commercial codes, which must be consulted before making commercial protocols.
10. Ethical code of a profession
The ethical code of a profession is composed of rights and duties that all members of the profession have.
The ethical code ensures the positive rights of an individual as a professional and not just as citizens.
For example, the code of ethics of doctors states that they have the right to"exercise the profession freely and without pressure of any kind".
11. Licenses and Permits
Licenses and permits (such as digital programs) are similar to contracts, as they establish a legal relationship between producer and consumer.
These indicate certain positive rights towards the two parties: the producer has the right to have his work respected, acquired and distributed legally.
For its part, the consumer is entitled to the product purchased is the requested and that the license of use is respected for the time that the contract establishes.
12. Legal documents, such as births, marriage, among others
Citizens have the right to have their legal documents processed. For example, an individual who has just married has the right to have the State issue the document that records the change in marital status. The same is true of the change in the vital status of citizens (birth and death certificates).
13. Right to vote
Human beings have the right to vote, which is the best way to choose the representatives who will be part of the government of the nation.
In this way, the participation of all the people in the government is guaranteed, since it is in the people, and not in the leaders, in whom sovereignty (the power of the nation) resides.
14. Right to protection of the individual
If the individual considers that his physical and psychological integrity is in danger, he has the right to request and receive protection from the competent authorities (police, civil guards, etc.).
15-Right to freedom of expression
16-Right to a home
17-Right to protection of intellectual property
18-Right to legal advice
19-Right to receive remuneration for our work
20-Right to participate in any area of political life, regardless of gender, skin color, sexual orientation and religion.
References
- Positive Rights vs. Negative Rights. Retrieved on June 26, 2017, from learnliberty.org.
- Understanding the Difference Between Positive and Negative Rights. Retrieved on June 26, 2017, from alabamapolicy.org
- Negative and Positive Rights. Retrieved on June 26, 2017, from wikipedia.org
- Positive Rights. Retrieved June 26, 2017 from importanceofphilosophy.com
- Positive Rights. Retrieved on June 26, 2017, from volokh.com
- Negative and Positive Rights. Retrieved on June 26, 2017, from uky.edu