The legal system and the rights of the individual

Although the fundamental provisions of international law on human rights adopted by most of the nations of the world, specifically the legal status of the individual in society depends on the existing in the country's legal system, from the relevant legal regulations.

In a democratic legal system (regardless of the features of the Anglo-Saxon or, for example, German-Roman "legal family") prevailing individualistic approach to human rights and civil rights, originating from the priority of the individual to society and the state.

The main focus is on the personal and political rights and freedoms, while the socio-economic rights are not given special attention. Although the new Constitution (Brazilian, Italian, Peruvian, etc.) a list of socio-economic rights is quite wide, they are formulated as soon wishes.

In some constitutions (Indian and others), these rights are considered only as an orientation for the activities of the government, in others (eg in the U.S.), many socio-economic rights (except the right to property and some others) are not mentioned. They are not considered to be right in the true sense, as is believed, can not be achieved through legal actions and decisions.

The socialist concept of human rights (in the interpretation of totalitarian socialism) is based on the collectivist principles, giving priority to the society and the state, the collective before the individual. Its proponents believe that the person lives in the community and can not be free from society. Therefore, human rights and the more citizens can only be implemented in the community and provided by the state.

The main role in giving the individual (citizen) rights given to the state, and innate rights in principle rejected. As noted above, in this approach, priority is given to the difference of workers' rights and the laboring people, and in contrast to the individualistic concept focuses on the social and economic rights, as of particular importance to workers.

Approach to human rights in the Islamic law is largely associated with the religious and gender of the face. There are advantages to Muslims than non-Muslims (for example, the constitution of Syria in 1973 president of the republic can only be Muslim), the classical Islamic law men are superior to women.

In some countries, women are not given voting rights, women receive only half of the successors of the share, which is produced by men, in court testimony of two women equal to the testimony of one man, etc.

In Iran, in accordance with the Criminal Code, which from 1979 was used on a trial basis and entered into force in 1996, the woman for appearing in public without a burqa can be punished by 74 lashes for adultery can be stoned (though , you need to have three witnesses, which is probably not so easy to ensure). The deceived husband can kill an opponent, but the woman has no such right, etc. The emphasis in Islamic law is not on Human Rights, and on his responsibilities before God and the community, "Faithful" (the Muslim Ummah).

However, the classical Islamic law provides for certain property guarantees for women, for example in the case of divorce. The former spouse must provide her and the children. If he does not pay child support to him in Iran face imprisonment (up to 5 months). Besides the classical Islamic law is applied only to Muslims in their relations with each other. The remaining governed by the laws of the state and in private relationships can use the norm of its "legal family", although in the Muslim fundamentalist religious vice squad (Mutawa) has and the "infidels" for the violation of Muslim rituals, accelerates the party of European men and women.

The classical Islamic law is valid in its original form only in a few Muslim countries, in most countries it has influenced the universal norms and principles of international law affected, but nevertheless the constitutions of most Muslim countries is a source of Sharia law.

In the common law (for example, the legal system of oral traditions of tribes in Sub-Saharan Africa, Oceania) the legal status of a person depends on his belonging to a certain tribe. Customary laws are stored chiefs, elders (some European researchers have tried to write them down, and even codified), and applies only to the tribesmen.

According to the ideas prevailing among the interpreters of customary law, a person can exercise their rights and fulfill their obligations arising from its tribal status, but in this tribe. Man - only part of the "cell" of the tribe, he has, in fact, some of the tribal rights.

In fact, the scope of the tribal customary law is very limited, though, where it operates the majority of the population is guided by its rules, and not by written laws. In addition, some rules of customary law are included in the text of laws.

Customary law does not apply to control criminal, administrative relations in the field of financial and many other areas of law, extending only to the land, family relationships (the handling of communal land, the distribution of grazing livestock, ceremonial rituals in marriage, etc.).

In practice, however, ordinary tribesmen also perform natural duties with respect to the elders and leaders (eg, treated their family land

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