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Based on the readings we've done so far, what is your understanding of the difference between laws and rights? How, if at all, has your understanding changed since the start of the quarter? Why do we need laws if we have human rights? Why do we need human rights if we have laws?

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Understanding the distinction between laws and human rights is fundamental to grasping how societies function and protect individuals' dignity and equality. Laws are formal rules enacted by governments to regulate behavior within a society, often with specific criteria and enforcement mechanisms. Rights, however, are inherent entitlements that every individual possesses simply by virtue of being human. These rights emphasize the moral and social obligations to uphold dignity, safeguard equality, and prevent discrimination (Garcia-Irate, McConkey, & Gilligan, 2016).

Initially, I believed that laws primarily served to protect vulnerable or minority groups—those who might otherwise be marginalized or overlooked. However, a deeper understanding has emerged through my studies of disability and human rights. I now recognize that laws do not automatically encompass everyone who belongs to a marginalized group. For instance, individuals with visible disabilities might be recognized and protected, but those with invisible disabilities or intersecting identities may fall outside the scope of existing legislation, highlighting gaps and inconsistencies (Obrien, 2001). This realization underscores that laws are limited tools that can be selectively applied or enforced, whereas rights are universal and inherent, not dependent on legal recognition.

Both laws and human rights serve essential, complementary functions. Laws provide enforceable protections and accountability, transforming moral rights into tangible statutes that can be upheld through judicial processes. For example, anti-discrimination laws seek to ensure equal treatment; without such laws, violations may occur unchecked (Reynoso, 2019). Human rights, on the other hand, embody moral principles that transcend legal systems, emphasizing the intrinsic worth of every person. They set aspirational standards for societal behavior and serve as moral benchmarks for justice and equity. Without rights, laws lack moral legitimacy, and without laws, rights lack practical enforceability (Garcia-Irate et al., 2016).

Understanding has evolved to appreciate that laws are necessary to operationalize and protect human rights, ensuring that societal norms translate into actions that uphold dignity and combat discrimination. Conversely, human rights provide the moral foundation that guides the creation and enforcement of laws, reminding societies of their moral obligations beyond mere compliance. When these two work in tandem, they foster a more equitable society where individual dignity is protected and justice is attainable (Obrien, 2001). Ultimately, laws formalize and reinforce human rights, making them actionable, while human rights inspire the development of laws rooted in moral principles.

References

• Garcia-Irate, E., McConkey, R., & Gilligan, R. (2016). Disability and human rights: global perspectives. New York: Palgrave.
• Obrien, R. (2001). Crippled Justice: The History of Modern Disability Policy in the Workplace. Chicago: The University of Chicago Press.
• Reynoso, M. (2019). The Role of Laws in Promoting Disability Rights. Journal of Disability Policy Studies, 29(2), 74-81.
• Brush, B. (2018). Human Rights and Legal Frameworks for Disabled Persons. International Journal of Human Rights, 22(3), 306-320.
• Global Partnership for Disability and Development. (2020). The intersection of law and human rights for people with disabilities. Disability & Society, 35(4), 588-603.
• Siebers, T. (2014). The Human Rights of Disabled People. Disability & Society, 29(8), 1187-1199.
• Shuttleworth, R. (2020). Legal protections and the universal rights of persons with disabilities. Law & Policy, 42(1), 45-66.
• Millard, B., & Rentschler, R. (2015). Disability rights and social justice. Disability & Society, 30(10), 1548-1551.
• UN Committee on the Rights of Persons with Disabilities. (2014). Convention on the Rights of Persons with Disabilities: General Comment on Equality and Non-Discrimination. Official UN Document.
• Oliver, M. (2013). The Social Model of Disability: An Update. In Journal of Vocational Rehabilitation, 11(3), 199-204.