Legal Definitions - inalienable right

An inalienable right is a fundamental entitlement that is inherent to every person and cannot be taken away, transferred, or surrendered. These rights are considered to be an intrinsic part of human existence, not granted by any government or legal system, and therefore cannot be legitimately denied or infringed upon by any authority. They are often seen as universal and foundational to human dignity and liberty.

• Example 1: The Right to Life

  Imagine a scenario where a government attempts to pass a law allowing for the arbitrary execution of citizens without any form of trial or due process. Such a law would be widely condemned as a violation of the inalienable right to life.

  Explanation: The right to exist and not be unlawfully killed is considered a fundamental human right that no government can legitimately revoke or grant at its discretion. It is inherent to being human, not a privilege bestowed by the state, and therefore cannot be legitimately taken away.

• Example 2: Freedom of Thought and Conscience

  Consider a totalitarian regime that attempts to force all its citizens to adopt a specific political ideology or religious belief, punishing those who hold differing private thoughts or convictions. Even under such extreme pressure, the individual's freedom of thought and conscience remains an inalienable right.

  Explanation: Individuals inherently possess the right to their own internal beliefs, values, and moral compass, independent of state control. This right cannot be surrendered or legitimately taken away, even if a government tries to dictate what people think or believe. It is a core aspect of personal identity and autonomy.

• Example 3: Bodily Autonomy

  Suppose a medical institution attempts to perform a non-consensual medical procedure on a competent adult, claiming it is for the "greater good" without the individual's informed consent.

  Explanation: The individual's right to bodily autonomy—the right to control one's own body and make decisions about one's health and physical integrity—is an inalienable right. This means that, absent very specific and limited legal exceptions (like a court order for public health reasons in extreme cases), no one can legitimately force a medical procedure on a person without their informed consent. This right is inherent to personal sovereignty and cannot be transferred or easily overridden.