Question

what are the three different catergories of human rights and their positive and negative rights?

Answer 1

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These three categories are: (1) civil and political rights, (2) economic, social, and cultural rights, and (3) solidarity rights. It has been typically understood that individuals and certain groups are bearers of human rights, while the state is the prime organ that can protect and/or violate human rights.

Answer 2

There are three overarching types of human rights norms: civil-political, socio-economic, and collective-developmental.

Civil-political human rights include two subtypes: norms pertaining to physical and civil security (for example, no torture, slavery, inhumane treatment, arbitrary arrest; equality before the law) and norms pertaining to civil-political liberties or empowerments (for example, freedom of thought, conscience, and religion; freedom of assembly and voluntary association; political participation in one’s society).

Socio-economic human rights similarly include two subtypes: norms pertaining to the provision of goods meeting social needs (for example, nutrition, shelter, health care, education) and norms pertaining to the provision of goods meeting economic needs (for example, work and fair wages, an adequate living standard, a social security net).

Finally, collective-developmental human rights also include two subtypes: the self-determination of peoples (for example, to their political status and their economic, social, and cultural development) and certain special rights of ethnic and religious minorities (for example, to the enjoyment of their own cultures, languages, and religions). (1998: 272)

This division of human rights into three generations was introduced in 1979 by Czech jurist Karel Vasak. The three categories align with the three tenets of the French Revolution: liberty, equality, and fraternity.

Negative and positive rights frequently conflict because carrying out the duties conferred by positive rights often entails infringing upon negative rights. For example, the positive right to social welfare confers a duty upon the government to provide services. Carrying out this duty entails increasing state expenditures, which would likely require raising taxes. This would however infringe upon citizens’ negative right not to have their money taken away from them. Because positive rights imply positive duties to take action whereas negative rights imply that others must only refrain from taking action, positive rights are generally harder to justify and require more complex ethical substantiation than negative rights.

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