LawState and Law

Types of human rights and freedoms

Man and state have always been mutually complementary categories. Because it is through human activity that the state system emerged in this world. Few people know that this structure is exclusively social. Analysis of history confirms this as well as possible. After all, at the very beginning, people were scattered among themselves. Subsequently, they began to gradually join together in groups that increased over time. This process led to the emergence of the state in the form in which we all are accustomed to seeing it. But with the development of this category there was a problem with the regulation of relations within it. There were several ways of coordinating public relations in the state. The first was violence. But it did not bring about the proper result, because its use must occur by the hands of a strong leader, who is not always there. After the violence, religion was tested. However, its action has spread exclusively to believers. The last "option" was the right. It is used to this day. With the help of law, the legal regimes of the state, the person and their interrelations are determined. As for the last two categories, they exist in such a concept as the rights and freedoms of man and citizen, which will be discussed later in the article.

The concept of law

In order to visually examine the rights and freedoms of man and citizen, the concept and types of which will be presented later in the article, it is first of all necessary to understand where they come from. Of course, the original category in this case is the right in its classical form. However, despite the prevalence of this term, very few people know what he is. Given the theoretical developments in this area, we can conclude that law is the main regulator of social relations, built on the principle of universality and normativity. In a structural form, this category is a hierarchical system of legal norms that affect certain social relations. In this case, the rights of a person and citizen, the concept and types of which will be presented below, are the link between the regulator and the society concerned.

Human Rights

Types of human rights and citizens can be classified by many criteria. However, first of all, one must understand the concept of this particular category. In the legal literature there is a different opinion about human freedoms. Nevertheless, there is the most "classical" concept. According to him, human rights are a set of specific rights that determine the personal legal regime. That is, there is a link between a person and the legal system of a state. The main types of human rights are usually fixed in the main normative documents, namely the constitutions of states.

What role do human rights and freedoms play out?

All existing types of human rights and specific powers, show the degree of communication between the person and the state in which he lives. In this case, we are talking about the role of the concept presented in the article. Many basic types of human rights and freedoms are fixed at the international level. That is, theoretically they are endowed with all people without exception. But in practice, very often you can see that in some states, not all legal human rights are realized. Thus, it is by the degree of implementation of this category that one can see the degree of democracy and legal protection of citizens. After all, in fact, the more they have rights, the more legitimate authority trusts their population.

Distinction of terms

In modern science there is an opinion that the types of rights and freedoms of man and citizen are the same in their essence. However, this is not the case. Human rights are inherent in everyone. That is, they arise at birth. In turn, civilians can own only citizens of a particular state. Thus, when we try to differentiate the types of rights and freedoms of a person and a citizen, it is necessary to know exactly the essence of each individual term. Otherwise, the legal qualification will not be accurate.

Normative consolidation of human rights and freedoms

Human rights, the concept and types of which are presented in this article, are normative, which is represented by separate acts. It should be noted that the legal freedoms of the society have a structured, hierarchical system of regulation. The highest act in it is the UN Universal Declaration of Human Rights . It is here that the basic and indispensable types of human rights and freedoms are fixed, without taking into account the state origin. Theoretical scholars believe that civil rights are the initial category from those that are called common and are fixed in the declaration.

As for the Russian Federation, this country is a modern democratic state. As in many similar powers, human rights in the Russian Federation are fixed at the legislative level. The basic human powers "exist" in Chapter 2 of the Constitution of Russia. Thus, we can talk about the highest level of their security. The security regime of human rights consists of the norms of many legal branches, including criminal ones.

Guarantees of freedoms and rights in Russia

In addition to the usual fastness at the highest normative level, human rights and freedoms are also guaranteed by the government of the Russian Federation. Guarantees are quite diverse. However, it is thanks to them that all people can easily realize their legal capabilities and interact with federal authorities. Such guarantees to date include the following, namely:

- human rights are recognized in the Russian Federation as the highest value;

- before the court and the law all are equal, that is, the realization of the basic powers and freedoms is carried out without harm by analogous legal possibilities of other persons;

- Men and women are completely equal in their legal regimes;

- international, generally recognized norms have undisputed authority over the laws of the Russian Federation;

- there are strict limits on the basis of which there is any kind of restriction of human freedoms;

- in the RF it is prohibited to use the main legal powers of people for inciting war, racial or religious hatred, changing the political or territorial structure of the state, etc.

These types of guarantees of human rights play a significant role in the process of implementing the basic powers. In addition, they are mostly fixed at the legislative level, which makes them universally binding.

The main types of human rights

There are several basic classification types of all available human rights and freedoms. All of them were formed on the basis of the existing legal doctrine. Basic rights, as a rule, belong to all, however, some of them can only be enjoyed by citizens of individual states. Thus, the following rights and freedoms are singled out, namely:

  • Personal.
  • Political.
  • Social.
  • Economic.
  • Cultural and environmental.

Each species has its own characteristics and characteristics, about which the author will tell further.

Personal human rights

Personal rights of the person belong to the first generation of legal opportunities. That is, their availability is not determined by anything and is rather difficult to be limited. Personal rights are natural and inalienable. As an object of claim, the state can not use them. The presence of such legal powers is necessary during the construction of a civil, democratic society. To personal rights today include the following, for example:

- the right to life ;

- personal inviolability;

- the right to the dignity of the individual;

- the right to use the language native;

- to have inviolable habitation;

- to have free movement on the territory of the Russian Federation.

Depending on the state, personal human rights, the concept and types of which are presented in the article, can be supplemented at the level of the Constitution.

Political rights

The personal freedoms of the second generation can be called political rights. This group shows the relationship between a person and the state, and also ensures the real participation of citizens in the political process of the country. Political rights, in fact, are the product of democracy, since their concept was formed in the days of active revolutionary movement around the world. The degree of actual implementation of political rights shows the level of democracy of the state. To date, such legal opportunities include:

- The right to elect and be elected to the organs of political power.

- The right to real participation in the affairs of your country, as well as the society.

- The right to absolutely equal access to public service.

- The right to form trade unions.

- The right to hold all kinds of meetings, rallies, etc.

In the Russian Federation, political rights exist and are actively implemented by the citizens of this state, which allows to judge the high level of democracy in the country.

Economic powers

Economic rights and human freedoms show its role in the process of distribution of material wealth and the construction of the economy of the state as a whole. In addition, with the help of economic powers, people have access to the common market to improve their financial situation. Economic rights include the following:

- The right to own private property.

- The right to have land plots in the structure of private property.

- The right to free entrepreneurial activity.

- The right to inherit property and other benefits.

Ecological, social and cultural rights

To date, there are a number of powers that regulate the most dynamic branches of human life. Such social, ecological and cultural spheres can be included. Through their rights, people realize their personal interests. In this case, the powers of the represented character are simply necessary, because thanks to them a person has housing, realizes his creative plans, works freely, lives in clean settlements, etc.

Conclusion

So, in the article we have considered the concept and types of rights and freedoms of man and citizen. This aspect still needs theoretical improvement, so that the legal system of our state works qualitatively.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.delachieve.com. Theme powered by WordPress.