Definition and meaning of rights
The term “rights” (from the English “rights”) holds a central significance in the legal context and refers to the claims, freedoms, and powers to which a legal subject is entitled. Rights are used both in national and international law and encompass various legal fields, including fundamental rights, human rights, contractual rights, intellectual property rights, as well as social, political, and economic rights.
At its core, rights describe the legally granted possibilities of an individual or group to take certain actions, demand certain circumstances, or oppose interference with their own freedom or property. The exact substantive design of these rights varies depending on the legal system and field of application.
Systematic classification of rights
Classifications of rights
Subjective and objective rights
- Subjective rights refer to the legal powers assigned to a single person or group of persons. Examples include ownership rights, inheritance rights, or contractual claims.
- Objective rights (Legal system as a whole) encompass the entirety of legal rules within a legal order, which serve as the framework for subjective rights.
Absolute and relative rights
- Absolute rights apply against anyone (erga omnes) and include, among others, rights of ownership, personality rights, and intellectual property rights. Every third party is obligated to respect these rights.
- Relative rights exist only in relation to specific persons, for example, contractual claims against a contractual partner.
Rights in substantive and procedural law
- Substantive law defines which rights and obligations legal subjects have towards others (e.g., ownership rights, claims for damages).
- Procedural law regulates the enforcement and protection of substantive rights, for example through court proceedings.
Types of rights in the legal system
Fundamental rights and human rights
Fundamental rights and human rights are basic rights to which every person is entitled by virtue of their humanity. They are enshrined in national constitutions (e.g., the Basic Law) and international agreements (e.g., European Convention on Human Rights, Universal Declaration of Human Rights).
Examples:
- Right to life and physical integrity
- Right to freedom of expression
- Right to property
- Right to equality before the law
Contractual rights
In contract law, rights refer to the claims to which a contractual partner is entitled, for example to performance, rectification, damages, or withdrawal. The rights arise from the respective contract and statutory provisions.
Property rights
Rights relating to objects (e.g., ownership, usufruct, pledge) are referred to as property rights. The right of ownership is an absolute right and protects the control over an object against interference by third parties.
Intellectual property rights
Intangible goods, such as inventions, trademarks or copyrighted works, are protected by specific protective rights (e.g., patent law, trademark law, copyright law). These rights give the rightsholder exclusive powers of exploitation and use.
Personality rights
Personality rights protect the personal sphere and the dignity of the individual, including the right to privacy, honor, image, and name.
Economic, social, and collective rights
These rights include, among other things, claims under the welfare state (e.g., the right to social benefits), collective rights for employees (e.g., freedom of association), and economic rights:
- Right to freely exercise one’s profession
- Right to freedom of association
- Right to property and entrepreneurial activity
Exercise and protection of rights
Enforcement of rights
The exercise and protection of rights is generally carried out by recourse to state authorities (courts, administrative bodies) or by self-help, where this is permitted by law. The legal system provides various mechanisms for asserting, securing and enforcing rights.
Restrictions and limitations on rights
Rights can be subject to legal limitations. Such restrictions serve to balance with other legal interests or public interests (e.g., interventions for hazard prevention, restrictions in the interest of the general public). The principle of proportionality and the balancing of competing rights play an essential role in this context.
Rights in the international context
International human rights
At the international level, rights are specifically codified by treaties and conventions under international law. The United Nations, the Council of Europe, and other organizations have established comprehensive catalogues of human rights, compliance with which is regularly monitored.
European Union
Rights also play a central role at the level of the European Union; the Charter of Fundamental Rights of the European Union grants citizens and businesses extensive rights, which are protected by the Court of Justice of the European Union.
Summary
Rights form one of the fundamental foundations of every legal system. They structure social life, protect the freedom and integrity of the individual, and govern legal relationships between natural and legal persons. The legal manifestation and enforcement of rights are essential for legal peace, justice, and trust in national and international institutions.
Literature
- Alexy, Robert: Theory of Fundamental Rights
- Dworkin, Ronald: Taking Rights Seriously
- Hesse, Konrad: Basic Principles of Constitutional Law
- Nowak, Manfred: Introduction to Human Rights Studies
Further links
- Federal Agency for Civic Education – Fundamental Rights
- United Nations – Universal Declaration of Human Rights
- European Convention on Human Rights
Frequently Asked Questions
Which legal foundations regulate “rights” in the legal context?
The legal foundations for “rights” are diverse and established at both the national and international level depending on the area of application. In German law, the most important provisions are found in the Basic Law (GG), which guarantees fundamental rights such as freedom of expression, property, and equal treatment. Specific legal fields regulate further rights, such as the German Civil Code (BGB) in civil law, the Copyright Act (UrhG) for intangible goods, or labor law concerning employee rights. At the European level, the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union protect fundamental rights. Internationally, agreements such as the International Covenant on Civil and Political Rights (ICCPR) guarantee essential human rights. The enforcement and shaping of rights are carried out by courts and authorities, with national regulations required to be consistent with international standards.
How are rights enforced under substantive and procedural law?
Rights can be enforced under both substantive and procedural law. Substantive law governs substantive claims and obligations, such as the right to property or the right to damages. Procedural law, on the other hand, describes the procedures for asserting and enforcing rights, for example through the filing of lawsuits, applications, or complaints. In civil courts, enforcement typically begins with a lawsuit before the competent court. Within the framework of the rule of law, there is a right to be heard, a fair trial, and the possibility to have judicial decisions reviewed through appeals. Enforcement rules ensure the effective realization of awarded rights, for example through seizure or eviction.
What role do legal transactions play in establishing or transferring rights?
Legal transactions, such as contracts or unilateral declarations of intent, are central instruments for establishing, modifying, transferring, or terminating rights. In civil law, obligations are created by contracts such as sales, lease, or employment contracts, which give rise to specific claims (e.g., to payment, use, or performance). Absolute rights such as ownership can also be transferred through legal transactions, for example by conveyance under § 929 BGB. Statutory formal requirements must be observed for the validity of such transactions (e.g., notarization for real estate transactions). Defective legal transactions—for reasons such as incapacity to contract or lack of form—often lead to nullity or rescission, with corresponding consequences for the existence of rights.
What limitations may apply to rights?
Rights may be subject to legal, contractual, or moral limitations. For example, the Basic Law provides that fundamental rights may be restricted only by law and only in accordance with their essential content (Art. 19 GG). In private law, rights of use may be limited by contractual obligations, third-party protection rights, or general limitations such as good faith (§ 242 BGB). Temporal, material, or personal limitations are also possible, for example through temporary licenses, specific user groups, or limitation periods. In public law, especially regarding the right of assembly or demonstration, the legislature may impose restrictions for reasons of public security and order, provided these are proportionate and prescribed by law.
When do rights become time-barred and what is the effect of limitation periods?
Rights may be subject to limitation, which means they can no longer be enforced after a statutory period has expired. In German law, the BGB in particular regulates limitation; the regular limitation period is three years (§ 195 BGB), calculated from the end of the year in which the claim arose and the creditor became aware of it or should have become aware of it without gross negligence. There are special limitation periods, such as 30 years for claims for restitution, or shorter periods in sales and work contract law. With the expiry of the limitation period, the right does not disappear, but the debtor is entitled to refuse performance, meaning the claim only continues to exist as a “natural obligation”.
How do conflicts between different rights arise and how are they resolved?
Conflicts between different rights often occur, for instance, when fundamental rights of different persons are opposed (e.g., freedom of the press vs. personality rights). In German law, such conflicts are resolved by balancing interests on a case-by-case basis, considering the legal positions involved, their weight, and the specific circumstances. Case law, especially the Federal Constitutional Court, has developed methods such as practical concordance, which aims for the most balanced adjustment of interests possible. In private law, provisions such as § 226, § 242 BGB, or the “prohibition of harassment” may restrict impermissible exercise of rights. Ultimately, the competent court decides based on current laws and constitutional requirements.
