Negative rights are requirements not to interfere with people doing or not doing specific things. Constitutions and laws may create negative rights by prohibiting a government or other entities from acting to limit or deny people within its jurisdiction the freedom to do or not do specific things. Here are some examples:
- The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
- The Fourteenth Amendment says, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Positive rights are permissions for people to do things or entitlements to have things done by others for their benefit. These rights may also be found in the federal and state constitutions and our laws.
- As an example of a permission to do things, most state constitutions establish the right for individuals (citizens and non-citizens) and local and foreign businesses to acquire personal property.
- Civil rights against various types of discrimination – color, race, gender, and religion – are usually considered to be positive rights to be enforced by our federal, state, and local governments.
- Other examples of entitlements include the right to a speedy trial in criminal cases (Fourth Amendment), the right to a public-school education included in most state constitutions, and safety net programs such as Medicare and Medicaid established under state and federal laws.
Why it matters: Negative rights are a form of protection of our liberties against government oppression (tyranny). Positive rights can be used to confer benefits to which people are regarded as being entitled and to advance various forms of equality, including by prohibiting discrimination by the government or by fellow citizens.
See also: “Rights,” “civil liberties,” and “civil rights.”
Sources:
Stanford Encyclopedia of Philosophy: https://plato.stanford.edu/entries/rights/ Wikipedia: https://en.wikipedia.org/wiki/Rights
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