A set of entitlements awarded to every human which existence is justified morally. It is based on righteous acts characterized by respect for persons and providing what is due without violation of human right or dignity. This moral treatment is owed to all without discrimination regardless of ability or contribution to society.
Jones, P. (2013). Moral rights, human rights and social recognition. Political Studies, (61), 267-281. Retrieved from http://journals2.scholarsportal.info/pdf/00323217/v61i0002/267_mrhrasr.xml (Accessed February 23).
The right of each person to be treated with moral consideration in which contract between persons or groups uphold the notion of ethical treatment while in concert with one another. It is a basis for which legal rights are often constructed however moral rights remain existent regardless of whether constitutions encode this right in law.
Brandt, R. (1983). The concept of a moral right and its function. The Journal of Philosophy, (80), 29-45. Retrieved from http://www.jstor.org.ezproxy.lib.ryerson.ca/stable/2026285 (Accessed February 23, 2014).
The right to be free to live life on one’s own accord and enjoy security of basic rights of human dignity and equality which exist regardless of community or national construction. Grounded in highest degree of ethicality, it is separate from the law and in some instances may be violated by legal codes which hamper basic human rights.
Feinberg, J. (1992). In defense of moral rights. The Oxford Journal of Legal Studies. (12), 149. Retrieved from http://www.heinonline.org.ezproxy.lib.ryerson.ca/HOL/Page?page=149&handle=hein.journals%2Foxfjls12&collection=journals#157 (Accessed February 27, 2014).
The xenophobic environment which Zimbabwean migrants experience in Johannesburg, South Africa represents violation to moral right of equality to participation in society through discriminatory and exclusionary local culture and law. Zimbabweans are forced to hide their migrant identity using adoption of South African traditions and clothing to mask their foreign status in order to create opportunity for employment in labour market and the ability to financially sustain themselves and their lives. Deprivation of moral rights is also expressed through barriers to access housing, health care and education all of which are available to local South Africans.
Hungwe, C. (2013). Survival strategies of Zimbabwean migrants in Johannesburg. Journal of Community Positive Practices, (13), 52-73. Retrieved from http://search.proquest.com.ezproxy.lib.ryerson.ca/docview/1461719124/fulltextPDF?accountid=13631 (Accessed February 26, 2014).
The violations of moral rights against female migrants in Guinea’s refugee camps demonstrate international organizations have difficulty ensuring fulfillment of their moral duty to ensure the moral rights of refugees are respected. In Guinea state and UNHCR are successful to maintain refugee camps however deprivation to safety and dignity through sexual violence are existent obstacles these bodies strive to address.
Farmer, A. (2006). Refugee responses, state like-behaviour, and accountability for human rights violations: A case study of sexual violence in Guinea’s refugee camps. Yale Human Rights and Development Law Journal, (9), 44-84. Retrieved from http://www.heinonline.org.ezproxy.lib.ryerson.ca/HOL/Page?page=44&handle=hein.journals%2Fyhurdvl9&collection=journals#89 (Accessed February 24, 2014).
Deprivation of moral rights of migrants is exemplified by police practise in Kenya. Police officers violate migrants right to security and equality through discriminatory practise of harassment. Kenyan migrants are subject to police “round-ups” and unwarranted questioning and inspection of status. The UNHCR has attempted to legitimize migrant presence in Kenya in order to create acceptance by society and prevent abuses by police. The UNHCR efforts were materialized with creation of “protection letter” which provided identification for migrants to serve as form of protection from harassment and ensure security of moral rights.
Verdirame, G. (1999). Rights of refugees in Kenya. Migration World Magazine, (27), 27-30. Retrieved from http://search.proquest.com.ezproxy.lib.ryerson.ca/docview/212067402/fulltextPDF?accountid=13631 (Accessed February 23, 2014).
Right to Non- refoulement is a legal principle which exemplifies how law ensures a moral right. The government adoption of non-refoulement requires guarantee that migrants retain their moral right and in doing so, states reflect their moral obligation to humanity and demonstrates a collective value of moral rights paramount to laws proposed regarding migrants and refugees. Non-refoulement is a principle which derived from recognition of immoral abuses against persons by state or non-state individuals. It was designed to protect asylum seekers from being deported back to the country from which they fled since their nation state proved inactive or unable to uphold the rights of the individual. Non-refoulement is essential to protection of moral rights since it ensures refugees remain in a nation they are able to enjoy their moral rights such as safety and security.
Stoyanova, V. (2008). The principle of non-refoulement and the right of asylum-seekers to enterstateterritory. Interdisciplinary Journal of Human Rights Law, (3), 1-11. Retrieved from http://go.galegroup.com/ps/i.do?action=interpret&id=GALE%7CA200247643&v=2.1&u=rpu_main&it=r&p=AONE&sw=w&authCount=1 (Accessed February 26, 2014).
Amnesty International (2013) The Rights of Migrants. Retrieved from http://www.amnesty.ca/our-work/issues/refugees-and-migrants/the-rights-of-migrants (Accessed Mar 2, 2014).
Human Rights Watch (2014) Migration. Retrieved from http://www.hrw.org/topic/migration (Accessed Mar 2, 2014).
Platform For International Cooperation On Undocumented Migrants (n.d). Human Rights of Undocumented Migrants. Retrieved from http://picum.org/en/our-work/undocumented-migrants/human-rights/ (Accessed Mar 3, 2014).
The UN Refugee Agency (2014). Human Rights. Retrieved from http://www.unhcr.org/pages/4ab388876.html (Accessed Mar 3, 2014).
Related Terms:
- Human Rights
- Human Rights Breach
- Human Rights Violations
- Moral Principles
Brandt, R. (1983). The concept of a moral right and its function. The Journal of Philosophy, (80), 29-45. Retrieved from http://www.jstor.org.ezproxy.lib.ryerson.ca/stable/2026285 (Accessed February 23, 2014).
Farmer, A. (2006). Refugee responses, state like-behaviour, and accountability for human rights violations: A case study of sexual violence in Guinea’s refugee camps. Yale Human Rights and Development Law Journal, (9), 44-84. Retrieved from http://www.heinonline.org.ezproxy.lib.ryerson.ca/HOL/Page?page=44&handle=hein.journals%2Fyhurdvl9&collection=journals#89 (Accessed February 24, 2014).
Feinberg, J. (1992). In defense of moral rights. The Oxford Journal of Legal Studies. (12), 149. Retrieved from http://www.heinonline.org.ezproxy.lib.ryerson.ca/HOL/Page?page=149&handle=hein.jornals%2Foxfjls12&collection=journals#157 (Accessed February 27, 2014).
Hungwe, C. (2013). Survival strategies of Zimbabwean migrants in Johannesburg. Journal of Community Positive Practices, (13), 52-73. Retrieved from http://search.proquest.com.ezproxy.lib.ryerson.ca/docview/1461719124/fulltextPDF?acco untid=13631 (Accessed February 26, 2014).
Jones, P. (2013). Moral rights, human rights and social recognition. Political Studies, (61), 267-281. Retrieved from http://journals2.scholarsportal.info/pdf/00323217/v61i0002/267_mrhrasr.xml (Accessed February 23).
Stoyanova, V. (2008) The principle of non-refoulement and the right of asylum-seekers to enter state territory. Interdisciplinary Journal of Human Rights Law, (3), 1-11. Retrieved from http://go.galegroup.com/ps/i.do?action=interpret&id=GALE%7CA200247643&v=2.1&u=rpu_main&it=r&p=AONE&sw=w&authCount=1 (Accessed February 26, 2014).
Verdirame, G. (1999). Rights of refugees in Kenya. Migration World Magazine, (27), 27-30. Retrieved from http://search.proquest.com.ezproxy.lib.ryerson.ca/docview/212067402/fulltextPDF?accountid=13631 (Accessed February 23, 2014).