Legal right is a right which is recognized and
protected by the legal system. Legal rights have two important essential elements
i.e., firstly, the holder of the right, and secondly, the person
bound by the duty. Only legal persons can be bound by duties or be the holder of
the legal rights. Every right therefore involves a relationship between two or
more legal persons. Rights and duties are correlative, that is, a person can
not have a right without a corresponding duty. Human Rights belongs to human
being and the state has the corresponding duty to protect the rights of the
human being.
Declaration of the Human Rights Defenders adopted by
the General Assembly on December 9, 1998 laid down under Article 2 para 1 that
each state has the primary responsibility and the duty to protect, promote and
implement all human rights by adopting necessary measures. Para 2 of the above Article
states that each state shall adopt necessary legislative, administrative and other
steps to ensure that the rights to protect human rights is effectively guaranteed.
Further, International Covenant on Civil and Political Rights adopted in 1966 stipulated in the Preamble as to the obligation of States to promote universal respect for and observance of human rights and freedoms.
The above implies that Human right is a legal right. While human
beings have rights, the State has a corresponding duty to protect the rights.
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