Legal Definitions - personal right

A personal right is a legal entitlement that belongs directly to an individual, protecting their person, reputation, liberty, or personal well-being. Unlike property rights, which relate to ownership of things or assets, personal rights are inherent to the individual and often cannot be transferred or sold to another person. They are fundamental to an individual's autonomy and dignity.

• Example 1: Refusing Medical Treatment

  Imagine an adult patient, who is mentally competent, decides to refuse a specific medical procedure recommended by their doctor. Even if the procedure is deemed life-saving, the patient generally has the legal right to decline it.

  Explanation: This illustrates a personal right because it pertains directly to the individual's body and their autonomy over their own health decisions. It's a right that cannot be exercised by anyone else on their behalf without specific legal authorization (like a power of attorney), and it's not something that can be bought or sold.

• Example 2: Protection Against Defamation

  Consider a scenario where a local newspaper publishes an article containing false and damaging statements about a small business owner, accusing them of unethical practices without any evidence.

  Explanation: The business owner has a personal right to their reputation. This right protects them from defamation, which is the act of harming someone's reputation by making false statements. The right to a good name is personal to the individual and directly affects their standing in the community, not their physical property or assets.

• Example 3: Freedom from Unlawful Detention

  Suppose an individual is walking down a public street and is stopped and detained by a private security guard without any reasonable suspicion or legal justification, preventing them from continuing their journey.

  Explanation: This situation involves the individual's personal right to freedom of movement and not to be unlawfully detained. This right is fundamental to their liberty and personal autonomy; it's not about ownership of property but about their ability to move freely as a person without arbitrary interference.