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Understanding Inalienable Rights

The document discusses inalienable rights, which are natural rights that cannot be taken away or transferred. It provides definitions and examples of inalienable rights, such as life, liberty, property, self-defense, and freedom of religion. The document traces the history of concepts of inalienable rights back to ancient Athens and philosophers like John Locke and how these influenced declarations like the US Declaration of Independence and Universal Declaration of Human Rights. It also distinguishes inalienable rights from legal rights defined by laws.

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3K views7 pages

Understanding Inalienable Rights

The document discusses inalienable rights, which are natural rights that cannot be taken away or transferred. It provides definitions and examples of inalienable rights, such as life, liberty, property, self-defense, and freedom of religion. The document traces the history of concepts of inalienable rights back to ancient Athens and philosophers like John Locke and how these influenced declarations like the US Declaration of Independence and Universal Declaration of Human Rights. It also distinguishes inalienable rights from legal rights defined by laws.

Uploaded by

ali
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

INALIENABLE RIGHTS

Personal rights held by an individual which are not bestowed by law, custom,
or belief, and which cannot be taken or given away, or transferred to another
person, are referred to as “inalienable rights.” The
U.S. Constitution recognized that certain universal rights cannot be taken
away by legislation, as they are beyond the control of a government, being
naturally given to every individual at birth, and that these rights are retained
throughout life. To explore this concept, consider the following inalienable
rights definition.

Definition of Inalienable Rights


Noun
1. Rights that are not alienable
2. Rights that are not transferable or capable of being taken away or
nullified
Origin
1635-1645 French inalienable

What are Inalienable Rights


The Declaration of Independence gives three examples of inalienable rights,
in the well-known phrase, “Life, Liberty, and the Pursuit of Happiness.” These
fundamental rights are endowed on every human being by his or her Creator,
and are often referred to as “natural rights.” Only under carefully limited
circumstances can such natural rights be taken away as people have the
freedom to exercise them as they choose.

The framers of the Constitution acknowledged the inalienable rights of man in


this powerful phrase from the Declaration of Independence:

“We hold these truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that
among these are Life, Liberty and the pursuit of Happiness.”
The founding fathers intended the government of the new nation to have the
sole charge of protecting the inalienable rights of its citizens, and made that
clear as they stated:

“That to secure these rights, Governments are instituted among Men, deriving
their just powers from the consent of the governed, – That whenever any
Form of Government becomes destructive of these ends, it is the Right of the
People to alter or to abolish it, and to institute new government …”

While there is not a specific list of rights that are considered inalienable in the
Constitution, there are some rights that are generally accepted as natural
rights of man. The list is extensive, and the following are but a few:

▪ To act in self-defense
▪ To own private property
▪ To work and enjoy the fruits of one’s labor
▪ To move freely within the county or to another country
▪ To worship or refrain from worshipping within a freely-chosen religion
▪ To be secure in one’s home
▪ To think freely

History of Inalienable Rights


The history of inalienable rights, also referred to as “unalienable rights,” takes
us back at least as far as the philosophy found in Athens in the 3rd Century
B.C. Centuries later, as the Age of Enlightenment rolled through 17th Century
Europe, as the common people fought the idea that only those born to
the monarchy were endowed with unquestionable rights, the concept of
inalienable rights was used to challenge the rights of kings.
As society progressed, natural rights were used to justify the establishment of
social contracts, laws that established specific rights for individuals or groups,
finally a government to protect legal rights. The concept of inalienable rights
had made its mark on the world, though there has been much controversy
and differing beliefs on what such rights are. Philosophers and scholars, who
held widely differing beliefs, generally agree on the one point that inalienable
rights are something that cannot be taken from the people, even at the hands
of the government.

For example, John Locke, 17th Century English philosopher, discussed the
concept of natural rights as he advanced the idea that life, liberty, and
property were fundamental rights that people could not be forced to
surrender. It was Thomas Jefferson who later adopted Locke’s belief with the
slightly modified statement placed at the beginning of the Declaration of
Independence:

“We hold these truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that
among these are Life, Liberty and the pursuit of Happiness.”

George Mason, delegate to the Constitutional Convention of 1787, in the text


of his home state’s Virginia Declaration of Rights, said:

“all men are born equally free,” and hold “certain inherent natural rights, of
which they cannot, by any compact, deprive or divest their posterity.”

Thomas Jefferson relied heavily on the writings of Francis Hutcheson in


his Inquiry into the Original of Our Ideas of Beauty and Virtue, in which he made
a distinction between alienable and inalienable rights. Hutcheson stated:

“For wherever any Invasion is made upon unalienable Rights, there must arise
either a perfect, or external Right to Resistance … Unalienable Rights are
essential Limitations in all Governments.”

And

“[T]here can be no Right, or Limitation of Right, inconsistent with, or opposite


to the greatest public Good.”

Universal Declaration of Human Rights


In 1948, the United Nations’ General Assembly adopted the Universal
Declaration of Human Rights. The declaration, drafted by a committee
directed by former First Lady, Eleanor Roosevelt, proclaims that all humans
have certain basic rights as well as inalienable rights. The Universal
Declaration of Human Rights created a standard for protecting the rights of all
people, regardless of the nation in which they resided. The Universal
Declaration of Human Rights also gives the United Nations the authority to
take action against abuses of human rights, though the modern process
requires a resolution by the Security Council.

Difference Between Inalienable Rights and


Legal Rights
American citizens have enjoyed a broad spectrum of rights, the number of
rights, privileges, and entitlements having increased over the years since the
formation of the United States by the colonists. Not all of the rights enjoyed
and expected by Americans are considered to be inalienable rights, which are
those rights that simply cannot be taken from any man. They are, instead,
rights defined by laws created by government and the people.

The difference between inalienable rights and legal rights is that one is
bestowed on every human being by the nature of birth, and the other coded
in law. Inalienable rights supersede governmental laws and cultural norms.
These natural rights include the right to think for oneself, the right to life, and
the right to self-defense, and they remain through every human’s lifetime.

Legal rights, on the other hand, are those created, acknowledged, and
protected by a government. In the United States, legal rights include such
rights as the right to vote, the right to a fair trial if accused of a crime or civil
wrong, and the protection from unfair search and seizure. Legal rights vary
depending on the country or state in which each individual resides, as the
laws of each jurisdiction outline specific legal rights. Legal rights can be
changed, suspended, or revoked as new laws are deemed necessary or more
appropriate.

Exceptions to Inalienable Rights


By their very nature, having been bestowed by God, or by happenstance of
birth, inalienable rights can only be suspended or abolished in dire
circumstance. According to the Constitution of the United States and the
legal precedent of the nation, there are certain exceptions to inalienable
rights. For instance, a person’s inalienable rights may be temporarily
suspended throughout period of due process and trial.
For example:
John has been arrested and charged with felony assault and robbery. His
freedom can legally be suspended throughout the investigation and trial
preparation, if the judge deems John a danger to society if let out of jail on
bail. In the event John is convicted at trial, his right to freedom can be legally
taken away for the period he is imprisoned. In addition, some of John’s
property, or assets, may be seized to pay restitution to his victim.
A person’s natural rights may also be suspended by an injunction. When
issued by a court, an injunction may limit a person’s activities, and is most
commonly issued when the exercise of that person’s rights interferes with
another person’s rights. In such situations, the court must disentangle the
rights of each party during a civil lawsuit. Other situations in which a person’s
inalienable rights may be suspended include acts that may interfere with
public safety.

Examples of Inalienable Rights


The idea of every person having certain rights that cannot be taken away has
existed in the minds of Americans for nearly three centuries. Life has become
complex, however, and people are both experiencing a violation of their
personal civil rights, and violating the rights of others in new ways. Court
records across the country are filled with examples of inalienable rights
violations. The following is one example which involves the rights of an
unborn child.

State Supreme Court Rules on Inalienable Rights of an


Unborn Child
In 2009, Sarah Hicks used cocaine while she was pregnant. Her son tested
positive for the drug at the time of his birth, and his mother was charged with
the crime of violating Alabama’s chemical endangerment laws. At birth, her
son tested positive for cocaine and she was charged with violating Alabama’s
chemical-endangerment statue. The statue reads:
” A responsible person commits the crime of chemical endangerment …” if he
or she “… knowingly, recklessly, or intentionally causes or permits a child to
be exposed to, to ingest or inhale, or to have contact with a controlled
substance, chemical substance, or drug paraphernalia …”
In 2010, Hicks pled guilty, but reserved her right to appeal on the issue of
whether the statute, which specifies exposing a “child” to such substances,
covered a fetus. Hicks was sentenced to three years in prison, though that
was suspended, and she was placed on felony probation. Hicks immediately
appealed her case to the Alabama Court of Criminal Appeals on the grounds
that the statute did not specify unborn babies or fetuses, making it an
ambiguous law.
The appellate court ruled against Hicks stating that the statue did apply to
unborn children or viable fetuses. In 2012, Hicks appealed to the Alabama
Supreme Court. Two years later, in the 2014 matter of Sarah Janie Hicks v. the
State of Alabama, the state supreme court affirmed the lower court’s decision,
confirming that the word “child” in the chemical endangerment statute did
pertain to unborn children.
In his written concurring opinion, Chief Justice Roy S. Moore gave one of
many notable examples of inalienable rights as he declared:

” … an unborn child has an inalienable right to life from its earliest stages of
development,” and added, “I write separately to emphasize that the
inalienable right to life is a gift of God that civil government must secure for
all persons – born and unborn.”

Related Legal Terms and Issues


▪ Authority – The right or power to make decisions, to give orders, or to
control something or someone.
▪ Declaration of Independence – The formal statement that declared the
freedom of the thirteen American colonies from the rule of Great Britain.
▪ Due Process – The fundamental, constitutional right to fair legal
proceedings in which all parties will be given notice of the proceedings,
and have an opportunity to be heard.
▪ Injunction – A court order preventing an individual or entity from
beginning or continuing an action.
▪ Trial – A formal presentation of evidence before a judge and jury for the
purpose of determining guilt or innocence in a criminal case, or to make a
determination in a civil matter.
▪ United Nations – An intergovernmental organization that promotes
international peace, cooperation, and security.

Common questions

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Inalienable rights are those that are naturally given to an individual by virtue of being human; they cannot be transferred or relinquished, and they are not dependent on laws or customs. These include rights such as the right to life, liberty, and self-defense . Legal rights, however, are granted and protected by governmental laws and can be modified or revoked as the legal system evolves . While legal rights vary by jurisdiction, inalienable rights are universal and remain constant. This distinction influences legal proceedings, as legal systems must balance statutory laws with the protection of natural rights, which can lead to cases where legal rights may temporarily suspend inalienable rights during due process, such as in the case of incarceration .

The Universal Declaration of Human Rights, adopted by the United Nations in 1948, played a critical role in shaping global perspectives by setting a standard for the protection and recognition of basic human rights as inalienable. It asserted the idea that these rights are universal, belonging to all people regardless of national boundaries, which helped to promote international accountability regarding human rights abuses . The Declaration underscored the concept that inalienable rights go beyond governmental legislation, influencing the creation of laws and policies worldwide that seek to uphold these fundamental human rights and prompting international discourse and action against violations .

The modern understanding of inalienable rights has been heavily influenced by historical and philosophical developments, particularly during the Age of Enlightenment. Philosophers like John Locke promoted the idea of natural rights, arguing that life, liberty, and property were fundamental and could not be surrendered . This philosophy was further reflected in political documents such as the Declaration of Independence, which asserts the equality of all men and their endowed rights of life, liberty, and the pursuit of happiness . Furthermore, the Universal Declaration of Human Rights by the United Nations in 1948 established a global standard for these rights, emphasizing their protection irrespective of national boundaries . These developments reflect a progression from theoretical discourse to recognized international norms, reinforcing the inherent and universal nature of inalienable rights.

Preserving inalienable rights in modern societies presents practical challenges due to complex legal, social, and political dynamics. Issues such as national security, public safety, and technological advancements often lead to debates about the extent and limits of these rights. Legal systems must navigate the balance between individual freedoms and collective needs, making decisions in courts that involve the suspension of rights for reasons like public safety or due process . Additionally, the global political landscape complicates the protection of inalienable rights, as differing cultural norms and legal systems may not fully recognize or prioritize such rights, leading to international disputes and human rights violations . These challenges require ongoing vigilance, advocacy, and legal reform to ensure that inalienable rights are respected and upheld across diverse contexts.

Enlightenment thinkers, such as John Locke, influenced democratic governance models by advocating for natural rights as inherent and inalienable, which laid the groundwork for the development of political systems that prioritize individual freedoms . Locke's ideas on life, liberty, and property as being fundamental rights that people could not forfeit without consent, contributed to the ideological foundations of modern democracy, emphasizing the protection of these rights through social contracts. These principles were integral in shaping the U.S. Declaration of Independence and other democratic documents that assert governance as a means to secure the people's natural rights, ensuring their protection from arbitrary authority . The Enlightenment's emphasis on reason and individual rights catalyzed the transition from monarchies to democracies worldwide, embedding the protection of inalienable rights into the core of democratic governance structures.

The founding fathers' understanding of inalienable rights had a profound impact on the formation of the United States government by embedding the protection of these rights as a fundamental purpose of governance. The Declaration of Independence articulates that governments are established to secure inalienable rights such as life, liberty, and the pursuit of happiness, drawing from Enlightenment philosophies . This principle influenced the Constitution and Bill of Rights, which were designed to restrict governmental power and protect individual freedoms. By framing the establishment of government as deriving its powers from the consent of the governed, the founding fathers ensured that the protection and respect for inalienable rights would be central to American democracy . This focus on inalienable rights has continued to shape U.S. law and policy, emphasizing civil liberties and human rights.

Inalienable rights have profound implications for the development of international law and human rights standards by providing a universally recognized foundation on which these standards are built. The Universal Declaration of Human Rights exemplifies how inalienable rights guide the creation of international norms that transcend national boundaries . These rights establish a baseline for human dignity and freedom, influencing treaties, conventions, and resolutions that seek to protect individuals from abuse and injustice globally. The inalienability of these rights acts as a benchmark for assessing and responding to human rights violations, fostering cooperation among nations through entities like the United Nations to enforce these standards and promote global justice .

Inalienable rights challenge governmental authority by asserting that certain rights are beyond the jurisdiction of any government to grant, revoke, or regulate, thereby limiting governmental power . This concept requires governments to respect and protect these rights, often leading to tensions when legal and natural rights come into conflict. In democratic systems, this is reconciled by embedding the protection of inalienable rights into the constitution and using these as guiding principles in the justice system. Such systems derive their power from the consent of the governed, making the protection of these rights a fundamental aspect of legitimate government authority . Democratic checks and balances, judicial review, and robust public discourse serve as means to mediate potential conflicts between inalienable rights and government actions.

An individual's inalienable rights might be suspended in certain situations, primarily for the protection of public safety or during the legal process. For instance, rights such as liberty can be curtailed if an individual is deemed a danger to society or during their imprisonment following a conviction . Legal principles such as due process allow for the temporary suspension of these rights to ensure fair and ordered legal proceedings. Moreover, an injunction can limit an individual's rights if their exercise interferes with another's rights . These instances highlight the balance between individual freedoms and societal needs, underscoring the complexity of legally managing inalienable rights in practice.

Court rulings have significantly influenced the interpretation of inalienable rights by clarifying and expanding their application. The Alabama Supreme Court's decision to interpret the word “child” in the chemical endangerment statute to include unborn children exemplifies how judicial rulings can affirm and extend the scope of inalienable rights. This ruling reinforced the notion that an unborn child has an inalienable right to life, prompting a broader legal recognition of fetal rights within the framework of inalienable rights. Such judicial interpretations serve to adapt longstanding principles to contemporary ethical and legal issues, thus influencing the evolving landscape of human rights law.

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