Individual rights and freedoms

In contrast to political rights, which relate primarily to the citizens, individual rights and the freedom to determine the position of the individual as such. They are more associated with the concept of natural rights. These include above all the right to life. Legally, this means that a person may be deprived of his life only by a court with compulsory jury. However, in many countries (including almost all that belong to the Council of Europe) the death penalty is prohibited.

There is, however, extraordinary deprivation of life, such as the use of weapons hour on duty at a military facility protection, sometimes permitted euthanasia - killing children freaks that are not viable born without the necessary organs for life, and those terminally ill.

This is done after medical consultation, at the request of the patient, and in the case of children - with parental consent (in 1996, such laws have been adopted in some states and territories of Australia.) The moment of death is considered to be a complete cessation of brain function. From this point you can take organs for transplant died.

The most important individual rights - the freedom and security of the person, physically and mentally. Deprivation of liberty (imprisonment, etc.), again possible only by a court. Keeping a person in slavery, the slave trade have long been recognized by international law an act contrary to human nature, and the gravest international crimes. True, some of the backward tribes in some developing countries have encountered domestic slavery, even though it is forbidden by law.

Personal integrity means first of all that the temporary deprivation of liberty (arrest and police detention) may be granted only for a specified period and subject always to the statutory procedures. The arrest is possible when a criminal case with the approval of a judge. As a special case of possible disciplinary arrest - the content of the soldier in the brig (punishment).

Police arrest delivered to the site can be made a police official in the face of abuse of public order; possible detention of a suspect in a crime of terrorism, in the preparation of the crime. The period of detention is limited: it is usually 48-72 hours (in a number of developing countries impose more delays - up to 180 days in India, according to the law of the terrorists).

In some cases, there may be other reasons for the prolonged detention (for example, to determine the identity of the offender border, strollers), but always with the approval of a judge. In Iran, possibly indefinite detention at the scene.

The main legal guarantee against arbitrary detention is the institution of "habeas corpus", which arose in the Middle Ages in Britain and now adopted under the same name in most countries. It means that anyone arrested at his request should be immediately brought before a judge and he decides to release a detainee on bail or sent to prison.

In Latin America there is a similar institution - the "process of amparo." Individual freedom does not rule out compulsory treatment of certain patients, such as mental illness, temporary isolation of other patients with a very dangerous disease to others. But it is, in all cases by a court order.

Among the personal rights of the constitution is called dignity. Prohibits torture (provisions on this in the constitutions of a number of developing countries), the cruel and inhumane treatment, degrading human, medical and other experiments without consent.

In the court order and dignity are protected by special action for the protection of the dignity (eg, insult in print) criminal proceedings for libel, defamation civil suit in a court case, it involves the validity of the obligation refutation, an apology and pay the plaintiff a sum for non-pecuniary damage.

Constitutional law protects the privacy and available to the public authorities, the identity (Bulgaria, Hungary, the Netherlands). Such data can not be disclosed without the knowledge of the person and prohibited their use to the detriment of the individual. Some of the constitution (eg Peru, 1993) provide specific forms of litigation relating to the reclamation of the public authorities of personal data in violation of the rules of public disclosure.

The constitutions of all countries, including those where there is a state church (its position will be discussed below), proclaimed freedom of conscience. This term has historical roots: for centuries the philosophical issues were closely related to religion, to religious beliefs about the world of morality. Now is the right to practice any religion or no religion (refer to religion neutral), advocate for religious and other beliefs (in the constitutions of totalitarian socialism does not speak about the other, but the "anti-religious views").

No one is obliged to declare their religious or anti-religious beliefs (in the countries of totalitarian socialism is mandatory for members of the communist party and its youth organization). Believers are entitled to perform religious rites, which should not disturb the public order morality, to be used for political purposes, although in some countries, such as Poland, the church is actively involved in politics.

Any discrimination based on religion, but here and there some church organizations, or taking advantage of government support (for example, Catholics in Northern Ireland, the Muslims in the Arab countries, Jews in Israel, the Eastern Orthodox Church in Bulgaria and Greece, the Anglican Church in the UK, Lutheranism Denmark).

The proclamation of the law of any religion or church government does not rule out the free exercise of other religions, but entails the support of this church from the state budget, the appointment of senior priests of the Heads of State - Monarchs (both head of state is the head of the state church), payment of the priests in the armed forces of the State budget.

In the UK in the upper house of parliament, "ex-officio" sit on top hierarchs of the state church.

In a number of countries in Latin America is the state patronage of the particular church: the President appoints the bishops from among candidates proposed by him to the church. Religious associations are usually legal entities, have the property, the right to establish their own businesses, institutions (usually creates agricultural, artistic enterprises, educational institutions) for their workers covered by the legislation on labor, social insurance.

Inviolability of the home as the right person means that unauthorized entry into a dwelling available only with the permission of the owner (the term "dwelling" shall be construed broadly in the legislation: here can relate and rooms in the hotel). Without such a permit entry to the dwelling, such as search, seizure of any items, documents, is possible only on the basis of the decision of the judge.

However, there are emergency cases where access is possible in the home and without permission (for example, to extinguish a fire that threatens not only the owner, but also to other parties). To search and seizure requires the presence of two witnesses - an impartial witness, who must certify the event and sign a protocol fixing actions and their results.

Constitutional right of the individual is the secrecy of correspondence, telephone, and telegraph messages, fax, email, etc. Introduction to personal correspondence, again perhaps with the permission of the judge (meaning correspondence suspects to the crime).

The same procedure was established for listening to telephone conversations, but in both cases, the judge must be submitted to prove the necessity of such measures. Illegal wiretapping of political opponents of President Nixon's election headquarters (which he knew) brought in 1974 for the first time in the history of the United States to the resignation of the president (under threat of impeachment, that is, removed from office by a special parliamentary procedure, and the subsequent criminal proceedings ). This case is widely known as the "Watergate" (the title area, where there was a Democratic Party campaign headquarters.)

Freedom of movement within the country and residence - a basic human right. It may be restricted by law for foreigners (for example, they are not permitted for permanent residence in military camps). Restrictions to ensure military secrets can be introduced for certain categories of citizens, as well as in the areas of environmental disasters, mass diseases in an emergency.

A person has the right at any time to emigrate, and the citizen - and to return to his country. The provisions of this particular characteristic of the post-socialist constitutions, as in the countries of totalitarian socialism such a right was not recognized.

However, there are restrictions on leaving the country, if the person called up for military service or alternative service, the defendant is convicted, he knows state secrets, reported false information in preparation of documents for emigration.

Many of the constitutional rights of the individual associated with the judicial sphere. This right of free access to justice, the right to qualified legal assistance, the presumption of innocence, the right of the accused to

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