Definition of Individual Guarantees

Individual Guarantees are all those matters of right, that an individual from his birth will enjoy and be able to demand that they are fulfilled and that they have as final objective the achievement of peace, harmony and order in the society in which they are found current. They also have scope when it comes to ensuring peaceful coexistence between men who share and live in the same territory, in obtaining justice and social welfare and to achieve good common.

All individuals regardless of their race, nationality, sex, age, religious or political beliefs are owners of these guarantees from the moment they are born. Nothing and no one can violate them and in the meantime, it is the state that must safeguard that they are respected.

Among the individual guarantees we can mention that of working, circulating freely through the territory national, to express opinions, to profess a given cult and to ensure the privacy of the correspondence.

The Constitution, rule mother containing the guarantees

The individual guarantees that each person has are found manifested in the national constitution of the Nation, which is the mother norm of all norms and to which they all agree in some way, that is, they hold a rank constitutional and are considered fundamental in the political system that the corresponding constitution has founded opportunely. In other words, individual guarantees are constitutional rights. Meanwhile, their orientation is always in a positive direction towards human dignity. It should be noted that guarantees are essential for the development of political systems.

To national constitution is considered as the law supreme of a state and it is she who will establish the organization, operation, structure politics and also the individual rights and guarantees of those who inhabit that state.

It is also the maximum document that allows one nation to be distinguished from another.

Being the mother law, as we said, any minor rule that opposes it may be declared unconstitutional since no law has the substantial importance of the constitution national.

Among the constitutional rights that grant individual guarantees are recognized fundamental or first generation rights, among the that includes those that concern the human being, while those denominated as second generation are economic, social and cultural In the third generation, the rights related to life are located in an optimal and harmonious environment.

Division of individual guarantees

The declaration of individual guarantees can be divided into several parts, which are made up of the rights of freedom, legal security, equality and ownership.

The guarantees of equality include: that every individual is equal before the law and that by case there should be no distinctions in this regard, in addition, they must enjoy the rights granted by the law. constitution, the prohibition of slavery from every point of view, all citizens will have the same rights without distinction, prohibition of noble titles and of fueros.

Within the guarantees of freedom we find these three divisions: the freedoms inherent to the person human rights, the freedoms that correspond to the physical person and the freedoms of the people with regard to the plane Social. In this sense, it is recognized that the person is free to decide what lifestyle he wants to lead, what he wants to think or feel in political and religious matters.

Meanwhile, the guarantees of legal certainty will imply: the right to petition, the detention of a person by of the security forces only with a judicial order through and the right to receive effectively and effectively the administration of Justice.

On the other hand, these also protect people from being disturbed in their private spaces without a mediation. justification.

And finally, the guarantees that pertain to property hold that the lands and waters within a region correspond to the state, who will have the right to transfer them to individuals, damage to property private.

It should be noted that in some parts of the world individual guarantees may be suspended when there are scenarios of attack, external invasion or any other process that alters the peace. The suspension decision is made by the Executive power in excercise.

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