Module 2: Rights, Duties, and Legal Instruments

Learning outcomes

• classify types of rights and duties;
• explain the relationship between rights and duties;
• list the main types of legal instruments (treaty, convention, covenant, declaration, protocol, etc.);
• distinguish between claim rights and liberty rights, positive and negative rights.

Start here: the simple idea

A right is something you are entitled to; a duty is something you ought to do. Rights and duties are two sides of the same coin — you cannot claim rights without accepting corresponding duties.

Types of rights

Type	Meaning
Natural rights	Inherent in human beings by nature (life, liberty)
Legal rights	Created and enforced by the State
Claim rights	Entitlements that impose duties on others (e.g., right to education)
Liberty rights	Freedom from interference (e.g., freedom of speech)
Positive rights	Rights that require others to provide something (e.g., right to education)
Negative rights	Rights that require others to refrain from interfering (e.g., freedom of speech)
Individual rights	Held by individuals
Group rights	Held by groups (e.g., cultural rights of minorities)
Universal rights	Applicable to all human beings everywhere

Types of duties

Type	Meaning
Natural duties	Derived from nature or conscience
Acquired duties	Arise from one's role or position in society
Positive duties	Require action (e.g., to help others)
Negative duties	Require abstention (e.g., not to harm others)
Perfect duties	Strictly binding; breach is always wrong
Imperfect duties	Loosely binding; depend on circumstances
Prima facie duties	Duties that appear binding unless overridden by stronger duties

Relationship between rights and duties

• Every right corresponds to a duty in others.
• Rights and duties are correlative: if A has a right against B, B has a duty towards A.
• The state has duties to protect rights; citizens have duties to respect others' rights.

Legal instruments

Instrument	Description
Treaty	Agreement between two or more States
Bilateral treaty	Between two States
Multilateral treaty	Between many States
Convention	A multilateral treaty, usually on a specific topic
Covenant	A binding treaty, often on human rights
Declaration	A statement of principles, usually not legally binding
Protocol	A supplementary agreement to a treaty
Conference	A formal meeting to negotiate or discuss
Resolution	A formal expression of opinion by an international body
Charter	A foundational treaty (e.g., UN Charter)
Statute	The fundamental law of an institution (e.g., Rome Statute of ICC)
Executive order	A directive issued by the executive authority

Common mistakes

• Confusing claim rights (entitlement requiring action by others) with liberty rights (freedom from interference).
• Believing declarations are always legally binding (usually not; covenants and conventions are binding).

Memory rules

• Natural vs Legal = inherent vs State-created.
• Claim = require action; Liberty = require non-interference.
• Positive = act; Negative = refrain.
• Treaty = agreement; Convention/Covenant = binding multilateral treaties; Declaration = soft law.

Check your understanding

1. What is the difference between a natural right and a legal right?
2. How are claim rights different from liberty rights?
3. Why are rights and duties correlative?
4. What is the difference between a treaty and a declaration?
5. What is a prima facie duty?

Answers

1. Natural rights are inherent; legal rights are created and enforced by the State.
2. Claim rights require others to do something; liberty rights require others to refrain from interfering.
3. Every right implies a duty in others; they are two sides of the same coin.
4. A treaty/convention/covenant is binding; a declaration is usually a statement of principles without binding force.
5. A duty that appears binding unless overridden by a stronger duty in a specific situation.

Quick revision box

• Right = entitlement; Duty = obligation.
• Natural vs Legal; Claim vs Liberty; Positive vs Negative; Individual vs Group; Universal.
• Duties: natural/acquired, positive/negative, perfect/imperfect, prima facie.
• Rights and duties are correlative.
• Treaty/convention/covenant = binding; Declaration = soft law.
• Protocol = supplementary; Charter = foundational treaty; Statute = institutional law.