theory of natural rights. It, too, represents a moral claim to equal
political treatment on behalf of those for whom it speaks.
Such natural, human or universal rights that are largely a moral
claim for equal and just treatment should be distinguished from legal
rights that are enforceable in the courts of a specific legal system.
These can be subdivided into the rights given by any specific piece of
legislation and rights that are guaranteed by a constitution.
In many systems, such as the United States, rights guaranteed by
the constitution (e.g. that in the Fifth Amendment to remain silent
under legal interrogation) supersede any contrary statement in
ordinary legislation.Equality
Equality is a politically emotive word that has played a key role in
modern politics from the French Revolution of 1789 to the present
day. ‘Equality’ in politics clearly does not mean everyone, regardless
of circumstances, should be treated equally – e.g. the blind and
sighted to be equally entitled to free white sticks! ‘Equality’ in this
sense would mean inequity (unfairness, injustice). Most modern
commentators and the UN Universal Declaration of Human Rights
endorse equality of rights and of dignity. But how far does equality of
rights go?
Equality before the law is important but in a capitalist economy
does not in itself guarantee education, health or a pension in old age
(the law may merely give everyone an equal right to buy these things
but not establish any sources of income to enable this to be done).
Article 25 of the Universal Declaration (1948) does envisage ‘the
right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances
beyond his control’ and Article 26 talks of a right to a free universal
system of education. Maurice Cranston (1962), however, argued
against placing these ‘social’ rights on a par with older ‘civic’ rights on
the grounds that they cannotbe achieved for all in some poor
countries and that such thinking encourages the idea that civic rights
may be legitimately ‘traded’ for social rights, or are also only a long-
term aspiration.
‘Equality before the Law’ does imply freedom from sexual and
racial discrimination. A modern issue is the legitimacy of positive62 CONCEPTS