Monday, April 22, 2013

Particularity of Human Rights

Particularity of Human Rights / Cuban Law Association, Argelio M. Guerra
Posted on April 22, 2013
Lic. Argelio M. Guerra

The fight for freedom has been, to a large extent, the fight to restrain
the power of the State, mainly through the creation of recognized spaces
of individual freedom. The idea that certain rights derive from the very
nature of man was developed by different positions on natural law, both
was based on the idea that such rights were granted to man by God, as
well as having developed starting from concepts of human nature itself.

Several expressions were used interchangeably to refer to what are
commonly designated as human rights: fundamental human rights, rights,
freedoms, individual rights, etc. The recognition and legal protection
of such rights is intended to offer a necessary path by which human
development should be treated at all levels.

These rights have a set of characteristics that distinguish them, namely:

- Inborn or Inherent: All human beings are born with rights, so that the
state can not grant them, and one must recognize and protect themas a norm.

- Needed: Being derived from human nature itself, they should be
considered necessary, so the distinction is imposed by the legal system.

- Inalienable: Belonging to humans by their very nature they can not be
divided, transferred, alienated or waived.

- Imprescriptible: They cannot be extinguished or lose value, either
because the person does not exercise them voluntarily or is prevented
from doing so.

- Enforceable erga omnes: They can be enforced against any person,
whether natural or juridical.

- Indivisible and Interdependent: There cannot be a hierarchy with one
right above another, but as an entire set they should bein full effect
and achievable.

- Universal: They must apply to all people, regardless of race, skin
color, national origin, sex, religion, social status, domicile,
residence, etc.

20 April 2013

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