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The constitutions of most liberal democracies guarantee negative rights, but not all include positive rights. Positive rights are often guaranteed by other laws, and the majority of liberal democracies provide their citizens with publicly funded education, health care, social security and unemployment benefits.
The World Conference on Human Rights in 1993 opposed the distinction between civil and political rights (negative rights) and economic, social and cultural rights (positive rights) that resulted in the Vienna Declaration and Programme of Action proclaiming that "all human rights are universal, indivisible, interdependent and interrelated". [30]
In the United States, human rights consists of a series of rights which are legally protected by the Constitution of the United States (particularly by the Bill of Rights), [1] [2] state constitutions, treaty and customary international law, legislation enacted by Congress and state legislatures, and state referendums and citizen's initiatives.
The concept of positive law is distinct from natural law, which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason". [1] Positive law is also described as the law that applies at a certain time (present or past) and at a certain place, consisting of statutory law , and case law as far as it is binding.
Natural rights were traditionally viewed as exclusively negative rights, [6] whereas human rights also comprise positive rights. [7] Even on a natural rights conception of human rights, the two terms may not be synonymous. The concept of natural rights is not universally accepted, partly due to its religious associations and perceived incoherence.
Positive rights are permissions to do things, or entitlements to be done unto. One example of a positive right is the purported "right to welfare". [4]
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Besides the rights of groups based upon the immutable characteristics of their individual members, other group rights exercised and enshrined in law at different levels including those held by organizational persons, including nation-states, trade unions, corporations, trade associations, chambers of commerce, specific ethnic groups, and political parties.