The fundamental rights as well as being right subjective public that are at the service of all citizens promote a space of freedom representing a group of values that exceeds the system legal , and its application and use are essential for the state of law . The search for the appropriate means to be able to make these rights effective is one of the main concerns that societies have.
Fundamental rights are rights that people have recognized legally and protected so procedural , in other words we can say that fundamental rights are the rights human .
- Characteristics of fundamental rights
- Which are my fundamental rights
- Fundamental rights by country
- How they differ from human rights
Characteristics of fundamental rights
Its main characteristics are:
- They are imprescriptible so they can be affected by any type of prescription.
- They are inalienable since they cannot be transferred to another person.
- They are inalienable since people cannot renounce them in any way.
- They are also universal since all the inhabitants of the world have the right to them.
The term Fundamental Rights had its origin in France , during the previous process that took place before the Revolution that led to the Declaration of the Rights of Man and of the Citizen in 1789 . After this declaration was given, the rights and freedoms of the people were enshrined and the fundamental rights began in this way a broad evolutionary process .
The concept of fundamental rights began to develop in France, prior to the French Revolution . In the history of these types of law, there are three generations related to great historical events and conquests for humanity, the French Revolution , the Industrial Revolution and the Second World War . These generations include civil and political rights , economic , social and cultural rights and finally, those that are related to those that people have when they are born to live in a healthy environment .
Which are my fundamental rights
The fundamental rights that every person has are the following:
- Equal treatment and non- discrimination
- Right to life , physical and moral integrity
- Right to ideological and religious freedom
- Right to liberty and security
- Right to personal and family privacy , honor and inviolability of the home.
- Right to have a secret of communications and data protection
- Right to freedom of residence and movement
- Right to freedom of expression
- Right of assembly
- Right of association
- Right to effective judicial protection
- Right to education
- Right to organize freely and to strike
Children also have a series of fundamental rights, among which we mention:
- Right to life and food
- Right to health
- Right to identity
- Right to freedom of expression
- Right to protection
- Right to recreation and leisure
- Right to have a family
Individual civil and political rights or First Generation rights
They are the Civil rights and the Political rights that each individual has. They are those that grant the individual the right to demand against the State . They give the human being the possibility to participate in the political formation of the State and are known as participation rights . They seek to limit the power that rulers have.
Collective economic and cultural rights or Second Generation
They are also known as social rights , although many consider the term inappropriate, since all rights are social in principle. They seek the realization by the State of different actions to reduce the inequalities that may arise. The State must then recognize the rights and try to achieve the ” living well ” of the individual and their family .
Community or Third Generation Rights
They are known as “the rights of the Peoples “. Indicates that the social , economic and cultural rights of indigenous peoples must be recognized , respected and protected within the framework of the law, mainly in matters related to community lands, guaranteeing the sustainable use and exploitation of natural resources , their identity , values, language, custom and institutions.
Rights of Minorities or Fourth Generation
This type of right arose from groups excluded from society. It is important to understand that the word minority should be understood as groups that have no influence on public power and not the number of people in a group.
The limitations of human rights are established by the public powers so that the exercise of Human Rights does not exceed the specification of their content based on their structural limits . The limitations must be carried out in a restrictive way promoting the highest degree of exercise possible of the human right . In some exceptional situations, in which the State is in danger , the legislation provides for a temporary suspension of Human Rights. Some characteristics of these limits are:
- Causes must be approved by law voted by the legislature , and based on the Constitution.
- The causes must be clear and specific , without misinterpretation.
- They can only be cause of suspension the very serious .
- The limitation should be as small as possible in time and in space , without extension .
- The restrictions on the exercise are against the public powers and not against individuals .
- It maintains the principle of legality , and also maintains the prohibition of arbitrariness by the powers of the State.
- The restrictions seek to achieve the restoration of constitutional normality .
The guarantee of fundamental rights has become the central support of the rule of law in democracy. The techniques to implement the guarantee are considered as a necessary complement of the fundamental rights to achieve its effectiveness . There must be an effectiveness between the guarantee instruments that have been established in a constitutional way and the search for the viability that fundamental rights should have .
Fundamental rights by country
In Colombia, all the rights that are inherent to man are considered as fundamental rights , which belong to him solely by the fact that they are subject to Colombian nationality as well as to the law that the country has. They are stipulated in Chapter 1 of Title II of the 1991 Political Constitution . They can also be defended when they are violated or when they are not recognized.
They are based on the legal system of the Mexican Constitution as the basic source of the legal system . It is the constitution that has the power to grant rights and to establish norms and interpretations to regulate and protect rights.
In the constitution of Spain , fundamental rights are all those rights that are included in the Spanish Constitution . Divide rights rights dimension opinion , they are the ones who give people certain powers that can be enforced in specific situations; and of an objective dimension , which imply the basic socio-legal values.
How they differ from human rights
Human rights are rights inherent to all human beings without making any type of distinction of sex, nationality, language, religion or other condition, they are rights that correspond to all people without any type of discrimination . The fundamental rights in turn are the powers that have a particular person and are recognized by the law in force, they are those that allow a person to enjoy a right , to make a thing or to demand its compliance of the state.
They are important because they represent the key so that respect is given between all human beings both individually and socially , it is for this reason that they are considered as universal . They help to maintain human dignity , to provide freedom but at the same time personal responsibility , so that man has the right to live a more humane and healthy life, has the right to found a family and educate his children.
Examples of fundamental rights are:
- Right to life and physical integrity .
- Right to liberty , security , free movement and residence .
- Right to demonstration , association and access to public office .
- Rights to free and free education .
- Right to work and to strike .