Legal Definitions - inherent right

An inherent right refers to a fundamental entitlement or power that is an essential, intrinsic part of a person's nature, an entity's existence, or a position's function. These rights are considered to exist naturally and intrinsically, meaning they are not granted by law or government, nor can they be legitimately taken away, transferred, or surrendered. They are foundational and inseparable from the possessor.

Here are some examples illustrating the concept of an inherent right:

• Example 1: The Right to Dignity

  Consider the belief that every human being possesses an inherent right to dignity. This means that regardless of a person's background, actions, or legal status, they are entitled to be treated with respect and not subjected to dehumanizing treatment. This right is not granted by any government or constitution; rather, it is seen as belonging to individuals simply because they are human, and therefore, it cannot be legitimately revoked or forfeited.

• Example 2: A Parent's Right to Guide Their Child's Upbringing

  In many legal systems, parents are recognized as having an inherent right to make decisions regarding their child's education, religious upbringing, and general welfare. While the state may intervene in cases of abuse or neglect, the fundamental authority to guide and nurture their children is considered intrinsic to the parental role, existing naturally rather than being solely a creation of statute or government decree.

• Example 3: A Sovereign Nation's Right to Self-Governance

  A sovereign nation is understood to possess an inherent right to govern itself without interference from external powers. This means that an independent state has the fundamental authority to determine its own laws, policies, and form of government. This right is not bestowed by other nations or international bodies; it is considered a natural and inseparable attribute of its sovereignty, essential for its existence as an independent entity.