Classification of rights and freedoms

There are different classifications of the rights and freedoms of individuals and citizens (some rights belong to the individual as a whole, while others - only to citizens, and others - to a particular group of citizens, such as under a certain age for the possession of political rights).

Most often the constitutional rights and freedoms are divided into four groups: the rights and freedom of expressing the equality of citizens (for example, the equality of citizens before the law), socio-economic and cultural rights, which create legal conditions for active participation of the individual in the social, economic and cultural life ( for example, the right to work and freedom of work, the right to use the achievements of culture), political rights and freedoms of citizens, of their participation in the political life of the community, providing them with the opportunity to participate in the management of society and the state (for example, freedom of association is used, in particular , to put pressure on the government), personal rights and freedoms that guarantee liberty, security and dignity of the individual.

In addition to individual and collective allocate constitutional rights, which will be discussed below. In addition, it is accepted, especially in international law, to distinguish between the right of first, second, third and even fourth generations.

To the first, the traditional generation typically include personal and political rights, originally appeared in the constitutions, the second - the socio-economic rights, constitutional recognition of which is associated with the movements of the masses, in particular the actions of the working class and the experience of constitutional development in the countries of totalitarian socialism, to third - the right, mainly related to the globalization of social life, the collective demands of the people (for example, the right of peoples to peace, development, self-determination), and the so-called humanitarian law, the fourth - a group of rights associated primarily with the terms and the results of scientific and technological revolution (for example, the right to a healthy environment).

It should however be borne in mind that all these classifications are conditional: the same right may be assigned to multiple groups. Thus, the right to use the achievements of culture - socio-economic rights and the right person at the same time, humanitarian law, which reflects the new changes in the minds of the people in the scientific and technological revolution and information.

This right may acquire a political character (remember the persecution of artists for their work in totalitarian regimes). Such examples can be multiplied.

Equality. It is necessary to distinguish between the concept of "equality" and "equity." People are unequal in their physical and mental capabilities, in terms of life, other characteristics, and in this respect no right able to equalize blocked. Social equity at this stage and, apparently, is not feasible in the foreseeable future.

The Constitution can provide only the same rights, the same legal (but not actual) the possibility to use them, and to establish equal rights for all duties. Of course, the absolute equality of rights and duties for all can not be. This also applies to the basic rights and duties of the constitutional law. They may be different for different groups of people (as noted, certain restrictions are possible for foreigners, the constitution say about the special rights of young people, not all citizens have voting rights, etc.), but within each group of persons, these rights and responsibilities should be the same for all members.

Equal rights can be achieved in terms of social inequality, but to a certain extent, since social inequality has a huge impact on the equality of people (for example, to release the accused on bail, which is practiced in many democracies, the rich comes to freedom, and the poor who can not able to make bail, remains in prison.)

The establishment of the law of unequal rights of citizens does not conform to universal human values and is called discrimination - discrimination in rights. In Nazi Germany, there was inequality in the rights of the so-called Aryan race officials and other citizens (and even the special oppression of mass extermination were Jews), in South Africa prior to the 1994 interim constitution existed apartheid, Africans, and other categories of non-whites did not have the rights of citizens ( the gradual dismantling of the apartheid system began a few years up to 1994.).

Most constitutions (especially old ones) speak of the three sides of the principle of equality: equality of citizens before the law, equal rights regardless of race, nationality, gender, women and men. The former means that the law applies equally to all, regardless of official, social status, education, persons of any merit and other qualities of the individual. Some exemptions may be established by law, if the constitution allows it.

Equal rights regardless of race or nationality means that the rights of citizens can not depend on the color of their skin or nationality. In World War II were defeated fascist state whose official doctrine and practice was national inequality of citizens in the 90s to end apartheid in South Africa, segregation (separation of white and colored in public places), which existed in the United States, has long been recognized by the Supreme Court unconstitutional the first in the state, and then in private schools, hospitals, transport and so on, but in everyday life hidden segregation in the United States exists (for example, the agreement between the owner of certain neighborhoods that they will not rent housing for rent those unwanted nationalities).

Discrimination is a form of national linguistic discrimination in some Baltic republics, directed against the Russian-speaking population, as well as discrimination on the same grounds at the household level in some other states of the CIS. Compulsory official language (English, French, for example), which publishes the laws in some countries, sub-Saharan Africa, may be a form of ethnic discrimination for that part of the population that speaks only of tribal languages and do not know the language of the former metropolis.

In a number of countries have reservations (for Indian tribes - in Canada, Colombia, the United States, for the indigenous Maori population - in Australia, New Zealand, for the Sami - in Alaska, etc.). Restrict the freedom of tribal reservations, fixing them on certain grounds, although individual members of the tribe can leave the reservation at any time. Tribes to pay taxes, but do not participate as a certain commonality in public life (political rights from their members are, they are citizens of the state, but in most countries have citizens' rights are only a few decades ago).

On the other hand, reservations may be used for the protection of the natural resources that are the source of life for the tribes contribute to the preservation of culture, customs, tribes, to some extent, prevent the penetration of alien mores and disease.

Equality between women and men involves legal conditions for their equal participation in all spheres of public life, to equal status in the family. But so far, in some Muslim countries women are deprived of voting rights (such as Kuwait) until 1946, women were deprived of voting rights in France to 1971 - in Switzerland (and now there in a few cantons, women do not participate in local Elections). Their representation in parliament is low (2% in the U.S. Senate, and 5% in the House of Representatives), however, in no country do not match women's representation in the organs of the state in proportion to their size.

Even in the Nordic countries, where women are wider than elsewhere, are presented in the parliament, their share reaches 40%. In some states, however, in the last decade have been women presidents (Argentina, Philippines); women currently is the President of Ireland, Iceland and Sri Lanka. There are female monarchs (the UK, the Netherlands, etc.), in some countries, women occupy or, until recently, held the post of Prime Minister (Norway, Pakistan, Turkey, etc.). Nevertheless, there is discrimination in labor relations at the household level. Especially strongly it is prevalent in Muslim countries.

Along with the three principles of equality used in the constitutions and the broader wording. The constitutions of a number of developing countries says about equality regardless of tribe (in some countries differ Noble and other tribes), the geographic location of birth (there are areas to which the natives are believed to belong unkindly).

The most extensive formulation used in the constitutions of the countries of totalitarian socialism and post-socialist countries. They are usually referred to as the equality of citizens regardless of their social status, origin of education, occupation, property and official status of residence, religion

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