Each democratic institution is responsible for protecting and implementing human rights at a legislative and administrative level. However, citizens must consequently fulfill certain duties before the state. An oft-cited and memorable quote came from the social activist Gandhi: “real rights are a result of the performance of duty”1. In other words, rights and duties are two sides of the same coin. To understand the balance between the two, it necessary to consider the Hobbesian social contract theory and examine the various duties citizens have to fulfill to ensure the protection of their rights.
Balancing Rights and Duties
Current Human Rights Charters
A variety of different documents enumerating human rights exist in the world. According to modern notions of justice, every human being is entitled to certain freedoms regardless of gender, religion, ethnicity, or nationality. The Magna Carta, United Nations Universal Declaration of Human Rights, European Convention on Human Rights are all made to safeguard basic safety, and security needs to make sure every person has the capacity to fulfill their potential. These charters guarantee rights to own property, equality before the law, right to a fair trial, freedom of expression, and protection against torture, unlawful detention, or slavery2. However, each of these rights comes with certain duties in a concept known as civic responsibility.
Hobbesian Theory of the Social Contract
The social contract theory is central to our understanding of civic responsibility. English philosopher Thomas Hobbes first developed the hypothesis in the seventeenth century3. He famously declared that life without political order would be “solitary, poor, nasty, brutish and short”4. Freedom would be limitless and uncontrolled in a state of anarchy, and people would exercise their right to “rapes, thefts…and other unclean acts”5. To avoid this “war of everyone against everyone”6, individuals submit to the authority of a sovereign entity that will regulate social interaction. Any reasonable human being would consent to have some freedoms curtailed to avoid the brutish state of nature. This cession of certain rights for the sake of civilization is the mutually beneficial social contract established between subjects and sovereigns. Put simply, we bear certain responsibilities before the government for enabling us to live in a free democratic society.
Basic Human Rights and Corresponding Duties
Each human right has a corresponding duty so that right can be fulfilled. The most fundamental duty is to obey the government’s laws to ensure civil order and respect human’s right to life. Democracy is made to protect the people’s interest and thus must hold fair and regular elections. Consequently, citizens are obliged to participate and vote for candidates that best represent their interests. Children have the right to free secondary education7, so citizens are obligated to pay taxes to fund schools. Publications have the right to impart whatever information they deem necessary without governmental interference. Thus, they also have the responsibility to ensure the veracity of their sources. Citizens have the right to a fair trial by a jury of their peers, so all must answer jury summons and make honest, well-informed verdicts. Obeying laws, paying taxes, serving jury duty, and voting are mandatory duties of most world citizens.
Reciprocity as a Tenet of Democracy
In conclusion, according to the Hobbesian model of society, all citizens consent to be ruled by a central sovereign to ensure public order and avoid anarchy. The government protects unalienable human rights such as freedom of expression and equality before the law. In turn, citizens fulfill their responsibilities such as paying taxes and voting. This is a mutually beneficial, reciprocal system that guarantees the continued functioning of our democracy.
Reference List
Duncan, Stewart, “Thomas Hobbes”, The Stanford Encyclopedia of Philosophy [website], 2021, Web.
Gandhi, M., 1869-1948. Hind Swaraj and Other Writings. New York, Cambridge University Press, 1997.
Hobbes, T., Leviathan, UK, Pelican Classics, 1651.
Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III) (UDHR)
UN General Assembly, “Convention on the Rights of the Child”, United Nations [website], 1989, Web.
Footnotes
- M. Gandhi, 1869-1948. Hind Swaraj and Other Writings. New York, Cambridge University Press, 1997, p. 253.
- Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III) (UDHR).
- Duncan, Stewart, “Thomas Hobbes”, The Stanford Encyclopedia of Philosophy [website], 2021, Web.
- T. Hobbes, Leviathan, UK, Pelican Classics, 1651, p. 233.
- T. Hobbes, Leviathan, UK, Pelican Classics, 1651, p. 186.
- T. Hobbes, Leviathan, UK, Pelican Classics, 1651, p. 231.
- UN General Assembly, “Convention on the Rights of the Child”, United Nations [website], Web.