Negative Rights: A Definitive Guide on What They Are

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Negative Rights: A Definitive Guide on What They Are

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What are “Negative Rights”?

We all have rights as human beings in the United States. We have the right to attend school, go to college, work to obtain money, own property, and defend ourselves, but where do these rights start to infringe on others’ freedom?

Negative rights define our freedoms and our right to have something without interference from outside forces.

To define negative rights in the simplest manner, it’s one person’s right not to have another person interfere with their own liberties.

Negative Rights Definition

To define negative rights in the simplest manner, it’s one person’s right not to have another person interfere with their own liberties. These rights entitle a person to certain things in life and merely ask that no one interferes with their right to have and enjoy those things.

If someone has a negative right, it means they have the right to freely do something or obtain something how they choose without any interference from outside forces. They are free from the interference of another person or a group of people.

Generally, in Libertarian values, this involves a person’s individual right to something without interference from the government.

Another way to look at negative human rights is that it’s a person’s right not to be subjected to another action. Negative rights don’t only have to focus on obtaining goods and services, but it also applies to the fact that one person cannot force another person to do something because that would infringe on their liberties.

If we compare positive and negative rights, there becomes a foggy distinction, but one thing that’s clear is that the two often contradict themselves. Many people view positive rights as a violation of negative rights.

For example, everyone has the right to a public defender if they get arrested. It’s a positive right for the person being arrested, but the problem is that infringes on someone else’s negative right to choose who they defend, and it also creates issues when scarcity is involved.

Suppose there are 50 people who need public defenders and only five lawyers. In that case, chances are not everyone will receive the same treatment, which will infringe upon the individuals positive rights to an attorney if they cannot afford one themselves.

Most basic rights that we take for granted each day fall into one of these categories, and the American Bill of Rights classifies what an entitlement is, what’s a civil right, and what’s liberty?

When we define negative rights, we start to see more of these come into play in our daily lives. There is often confusion over freedom of speech, freedom of religion, freedom to have healthcare, property rights, and other inalienable freedoms.

It’s important to understand that most of these are not negative rights; they’re positive rights but with those come the negative right to ensure that no one interferes with your rights. The non-interference factor creates a negative right, and we’ll break it down into some examples in the following section.

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