Substantive rights

Substantive rights are basic human rights possessed by people in an ordered society and include rights granted by natural law as well as substantive laws.

Overview

Substantive rights involve a right to the substance of being human (life, liberty, happiness), rather than a right to a procedure to enforce that right, which is defined by procedural law. One example of substantive right is substantive equality. Substantive equality is concerned with equality of outcome for all subgroups in society including disadvantaged and marginalized groups.^[1]^[2]^[3] Substantive rights are contrasted with procedural rights, which are purely formal rules of law that only prescribe how a law ought to be enforced, rather than defining the outcome of a law. One example of procedural rights is formal equality of opportunity.^[3]

The substantive rights granted in a society are not universal and change over time,^[4] also called human rights inflation. Frequently human rights are connected with the western interpretation of rights with Judeo-Christian and/or Enlightenment heritage.^[5]

References

^ Cusack, Simone; Ball, Rachel (July 2009). Eliminating Discrimination and Ensuring Substantive Equality (PDF) (Report). Public Interest Law Clearing House and Human Rights Law Resource Centre Ltd. Archived from the original (PDF) on June 6, 2022.
^ "What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018.
^ ^a ^b De Vos, Marc (2020). "The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law". International Journal of Discrimination and the Law. 20: 62–87. doi:10.1177/1358229120927947.
^ Theilen, Jens T. (2021). "The inflation of human rights: A deconstruction". Leiden Journal of International Law. 34 (4): 831–854. doi:10.1017/S0922156521000297. ISSN 0922-1565. It is remarkable, in particular, how consistently socio-economic human rights in the form of welfare rights have been denied the status of 'real' human rights on the basis of the anti-inflation mindset.
^ Shaheed, Ahmed; Richter, Rose Parris (October 17, 2018). "Is 'Human Rights' a Western Concept?". IPI Global Observatory. Archived from the original on July 10, 2022. Retrieved August 11, 2022.

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[:1-1] Cusack, Simone; Ball, Rachel (July 2009). Eliminating Discrimination and Ensuring Substantive Equality (PDF) (Report). Public Interest Law Clearing House and Human Rights Law Resource Centre Ltd. Archived from the original (PDF) on June 6, 2022.

[:2-2] "What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018.

[EU-3] De Vos, Marc (2020). "The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law". International Journal of Discrimination and the Law. 20: 62–87. doi:10.1177/1358229120927947.

[4] Theilen, Jens T. (2021). "The inflation of human rights: A deconstruction". Leiden Journal of International Law. 34 (4): 831–854. doi:10.1017/S0922156521000297. ISSN 0922-1565. It is remarkable, in particular, how consistently socio-economic human rights in the form of welfare rights have been denied the status of 'real' human rights on the basis of the anti-inflation mindset.

[5] Shaheed, Ahmed; Richter, Rose Parris (October 17, 2018). "Is 'Human Rights' a Western Concept?". IPI Global Observatory. Archived from the original on July 10, 2022. Retrieved August 11, 2022.

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v t e Substantive human rights
What is considered a human right is in some cases controversial; not all the topics listed are universally accepted as human rights
Civil and political	Equality before the law Freedom from arbitrary arrest and detention Freedom of assembly Freedom of association Cruel, inhuman, or degrading treatment Freedom from discrimination Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid LGBT rights Liberty Nationality Personhood Presumption of innocence Right of asylum Right to die Right to a fair trial Right to family life Right to keep and bear arms Right to life Right to petition Right to privacy Right to protest Right to refuse medical treatment Right to resist Right of self-defense Right to truth Security of person Suffrage right to be a candidate Right to homeland
Economic, social and cultural	Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to clothing Right to development Right to education Right to food Right to health Right to a healthy environment Right to housing Right to Internet access Right to property Right to public participation Right of reply Right to rest and leisure Right of return Right to science and culture Right to social security Right to water Right to work
Sexual and reproductive	Abortion Family planning Freedom from involuntary female genital mutilation Intersex human rights LGBT rights Sexual and reproductive health Right to sexuality

Overview

See also

References