Jump to ContentJump to Main Navigation
Family Law and Personal Life$
Users without a subscription are not able to see the full content.

John Eekelaar

Print publication date: 2007

Print ISBN-13: 9780199535422

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199535422.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 January 2020

Rights

Rights

Chapter:
(p.132) 6 Rights
Source:
Family Law and Personal Life
Author(s):

John Eekelaar

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199535422.003.0006

This chapter proposes that rights are best seen as a complex amalgam comprising a claim of entitlement to an end-state necessary to protect an interest which has sufficient weight to activate action to achieve it. A distinction is drawn between a strong and weak sense of rights. Examples are given of the assertion of rights claims through political and judicial processes. Particular attention is given to the nature of human rights and children's rights, and their place in personal law. The role of judicially protected rights within democracies is defended. It is argued that cultural rights should not be seen as the rights of groups to control members of the group, but of members of the group to choose to follow practices they see important to their identity. This should be respected as an aspect of the privileged sphere subject to observation of the pre-requisites of an open society.

Keywords:   human rights, children's rights, group rights, cultural rights, open society, democracies

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .