
Originally Posted by
Ontologuy
Many people misunderstand human rights.
To start with, many people don't understand that there are three general classes of rights. Those classes of rights are: life, security, and freedom (also known sometimes as "liberty").
Also, there are sadly too many people who do not understand that there is a resolution hierarchy with respect to these three classes of rights when human rights are in conflict. That resolution hierarchy is life overrides security which overrides freedom.
For instance, it is generally accepted as a freedom right to keep and bear arms. However, there are laws that say that, though one can keep and bear arms, they can't generally bear them in a public college because that violates the security of others present in the classroom.
And though it is a freedom to bear arms, some arms, like a nuke, are not allowed to be born by the public, as that, obviously threatens the security of everyone in the city.
Murder is illegal because it violates the right to life of the victim. Self-defense is allowed as a right of security to defend one's self. But if someone threatens your life and then that someone walks away, it is a violation of their right to life for you to hunt that person down and kill them, even if you claim that the threat made on your life gave you the security of person right to hunt them down. That's still a violation of their right to life that was truly not in self-defense, and is illegal in most civilized countries.
Freedom rights are generally considered to be rights of action. So though we have the freedom to get a drivers license and drive a car, if we cannot pass the written or driving test, or we get DUIs and stuff, we are a risk to the security of others, and so we can lose our right to drive in the name of the security of others.
It's important when discusing human rights to understand the three classes of rights, how they apply, and the rules for resolving rights in conflict.
There are many rights of freedom.
But no right of freedom can abridge a security right.
And no right of either freedom or security can abridge a right to life.
The most difficult rights to resolve are when the rights are of the same class. For instance, two people are in a park, one reading, the other singing. Both have the freedom right to be in the park and to sing and read. But the reader complains that the singer is disturbing his concentration. How do these two resolve their rights dispute? Somehow, with civility, less one threatens the security or life of the other.
The topical matter comes into play in instances where the ZEF's very presence threatens the woman's life. The ZEF will not go away and will not stop threatening the woman's life. Action is taken to try to ameliorate the "dispute", and though sometimes that works, too often it fails. The woman then takes action to defend herself. In the act of self-defense the ZEF is killed.
Is that murder?
Of course not.
This is all about human rights, and when one's life is in the act of being threatened by another, one has every right to fight back against that act as it is occurring, and if the assailant is killed in the process, no fault is assigned to the survivor, even if the survivor suffers understandably associated trauma.
Now, of course, if a landlord lets a tenant stay, and after a month of paying rent the landlord decides that he doesn't want the tenant there any more and he asks the tenant to leave, if the tenant refuses, the landlord has the security right to pursue due process to effect an eviction. Though the security of each in in play, the law cites ownership as the deciding factor, and the tenant must leave.
However, if it is the dead of winter and there is no place for the tenant to go and the tenant's very life is at risk, it would be a violation of the tenant's right to life to be thrown out into the cold. Thus subsequent care arrangements must first be made before the eviction action can take place.
Human rights are all about recognizing and respecting each other's very lives, security of person, and freedom of action.