The rights and duties of man and citizen

Since the French Declaration of the Rights of Man in 1789, most countries in the world have constitutions contain provisions relating to the legal status of both of these entities. Only a totalitarian constitution of the socialist countries, as well as some other totalitarian regimes only talk about the rights of the citizen, pushing them to the forefront and considering them granted by the state.

Human rights - these are natural, inalienable rights that belong to him by birth as a person. Under the slogan of inalienable human rights advanced by representatives of the "third estate" of the revolutionary bourgeoisie, opposed the tyranny of absolute monarchs and the enslavement of the personality of the medieval church. The requirement for the protection of human rights is put forward and are now a variety of movements against authoritarianism and totalitarianism.

Among the inalienable rights of man are also assigned the right to life, liberty, security, property, physical and mental integrity, dignity, personal and family secrets, etc. In recent years, here joined by some of the rights of the "third" and "fourth" generation, such as the right to use the achievements of culture, or unpolluted environment. It is believed that these rights can not state power to grant or dispose of their acts and actions.

The citizen's rights, by contrast, are connected with the fact of nationality, membership of a person to a particular state, the political community. This is the rights of the individual as a member of the political community, they are related to acts and actions of the public authorities. These include, for example, voting rights, the right to form political parties, the right to participate in government affairs, etc. And here are some of the socio-economic rights (such as free education at public expense, for public health care).

They are given to citizens with the financial possibilities of the state, depending on the level of develop-ment of democracy in this country, from its traditions and other circumstances. However, there is no insurmountable boundaries between human rights and the rights of the citizen, not always between the two can make a distinction, the division has a predominantly general theoretical character. And those and others, as written in the Constitution, shall be provided by the state, its organs.

In the countries of totalitarian socialism, where, as already noted, is not to distinguish between human rights and the rights of the citizen, particular importance is attached to another distinction - the rights of citizens and the rights of workers. Some constitutions (such as Chinese) individual socio-economic rights (the right to leisure, education, etc.) are only available to migrant citizens.

The latter may have other benefits (sometimes "exploiters" were deprived of voting rights, the state guarantees the right to health were fixed only for the workers).

The constitutions of many countries distinguish between the duties of a person (eg, to comply with the laws of the host country), and the responsibilities of citizenship (such as compulsory military service). Sometimes in science certain rights and responsibilities are described as positive (eg, voting rights of the citizen or the same duty of any person to comply with the constitution and laws). These rights and obligations provided direct state coercion, including the judiciary.

Other rights and duties, even though they are written in the constitution, are regarded as moral and not directly protected by the courts, protected only derived from them, the more specific rights and obligations. Among the moral attribute, for example, the right to a healthy environment or civil duty deputies to give all the power to serving the people (as stipulated in the Chinese Constitution).

Many of the rights and duties of man and citizen arise only with the achievement of a certain age, such as the right to work, usually with 16 years military service - from 18-19 years. Many of the rights arise from the moment of birth (for example, the right to property), and sometimes before birth may become heirs of children born after

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Constitutional law

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