Human Rights
Henry Shue presents a new dimension when it comes to basic human rights when he introduces the aspect of right to minimal subsistence. A right, according to Shue provides a cogent basis for a justified demand (13). Nonetheless, Shue argues that when comes to rights, there are basic rights which out rightly include the right to minimal subsistence. In this case, the right to unpolluted air, safer water, and the right to adequate food, preventive health care and proper education forms the rights to minimal subsistence. In the view of the modern society, the failure to recognize and observe the rights to minimal subsistence is as a result of the recognition of a false dichotomy that exists between negative and positive rights. Furthermore, he maintains that there are no distinct negative or positive rights since all basic rights have the two aspects in them. Basic rights are mixed rights and thus positive measures are necessary in the process of defending what might seem to be a negative right (Shue 27).
Conversely, legal claim-rights are those that possess a moral value to those entitled whereas claim-rights are those that can be demanded, urged, or forced against other people since they are not favors, gifts or motivated by their emotions. The UN declaration on human rights under article 11 insists on the innocence of any persons charged with penal offences until proven guilty (Kunz 321). In this case, a penal offence refers to any offense committed by an individual that can earn him or her sentence to prison, or any act relating to or involving punishment. Shue explores the correlative duties that human have towards ensuring that the rights to minimal subsistence are upheld. The three duties involve the duty to avoid depriving the same rights, to protect from deprivation and lastly to aid the deprived in the society (Shue 59).
Works Cited
Kunz, Josef L. “The United Nations Declaration of Human Rights.” The American Journal of International Law 43.2 (1949): 316-323.
Shue, Henry. Basic rights: Subsistence, affluence, and US foreign policy. Princeton University Press, 1996.
