Fundamental Rights Part One: Claiming What's Yours

by William Wright

Having fundamental rights can be compared to having your game piece on Go in a game of Monopoly. Before the game begins all players, each represented by their game pieces sitting on Go, are equals. Each player has as much right as any other to buy any property available on the board. But there is an invisible player too: the game itself. The game makes the rules relating to the board. The rules apply only to the players. The game has the right to tax or imprison players who land on certain squares. In this respect, the players have one relationship with each other and a separate relationship with the game.

When the players start buying property they begin to have different rights than the other players. These different rights apply only as they relate to owned property (i.e. if another player doesn't step on your property, you have no right against them and they have no duty to you). At any other time the fundamental rights every player had at the beginning of the game, still apply.

So it is with your legal system. Fundamental rights make everyone equal to everyone else. It is when other rights are acquired by exercising one's fundamental rights that this begins to change.

Beware the duties.

Note that the legal duties that come with your fundamental rights are simply those of respecting the rights of others. And others have the legal duty of respecting your fundamental rights. Fundamental rights are well balanced with the accompanying legal duties. Legal duties that arise from other kinds of legal rights can be a lot more cumbersome. Don't let the term 'rights' fool you; not all legal rights are necessarily desirable.

What's a right worth

The way to determine the worth of a legal right is to weigh the right against the legal duties with which it comes. Example: you need $1,000. Your friend will lend it to you if you promise to help him move next month. Your mother will lend it to you if you promise to come to Sunday dinner twice a month until you pay it back. Your credit card company will lend it to you at an interest rate of 22% per year. Your local loan shark will lend it to you at an interest rate of 100% per day – plus the opportunity for some quality time with Rocco if you don't pay on time. The amount borrowed in each case is the same. What's different in each case is the duty accompanying the loan. The task of weighing the right to use someone else's $1000 against the accompanying duties, is yours.

Legal rights are no different in this sense. Rights, before choosing them, should be evaluated in this way: is the right worth the accompanying duty?

Know your fundamental rights

So how do you claim your fundamental rights? Start by becoming aware of what they are. Then you'll be able to distinguish between fundamental rights and other kinds of rights. With that understanding you can choose your rights, and your duties, wisely.

NOTE: For the purposes of this article "fundamental rights" means human rights and fundamental freedoms.

Fundamental Rights Part Two: An Overview

Note: This article may be published, provided there is a link back to the original article on this site.

The Nature Of Your Person