The issue of regulating human rights is relevant for the entire world community, since it primarily relates to each individual, which is the main component of the state. And a person’s freedom to dispose of them at his own discretion is extremely important for self-determination of a person. This means that the state cannot intervene in certain areas of human life.
Background
Before becoming an integral part of modernity, the concept of human and civil rights has gone through a very thorny and long path and therefore has a long history of formation and several stages of formation. The birth of rights and freedoms was preceded by a number of reasons, among which stand out such as the constant danger that threatens the quiet existence and freedom of each individual and the desire to resist it. Also, one of the factors was the emergence in society of humanistic ideas of universal equality and the right to protection from various kinds of encroachments, because of which normal life activity and human freedom were threatened. However, at each stage of human development, the prerequisites were completely different, and at the new stages of civilization, the social and legal status of the individual rapidly improved, a person and a citizen gradually acquired new rights, guarantees and freedoms.
Historical development
Human freedom to freely exercise rights has always been enshrined in law. The first mention of it was still in the laws of King Hammurabi in 1730 BC. e. Next comes the declaration of Cyrus the Great, which many consider the founder of rights and freedoms. The Middle Ages gave the world the Magna Carta and Habeas Corpus, which are extremely significant in the history of human rights. In subsequent centuries, this concept began to seep into various acts of the states of the world. Among them, the Bill of Rights of 1791 and the Declaration, which was adopted in France in 1789, played a large role. And in 1948, the famous UN declaration was born, which became one of the most significant events in the history of international law. From now on, the freedoms of man and citizen have received universal consolidation, and all subsequent acts already supplement or continue the theses from this document.
Differentiation of concepts
The rights and freedoms of man and citizen along with obligations, guarantees and methods of protection are part of the legal status of the individual. It is understood as such a system of rights, freedoms and duties, as well as the subjective interests of a person, which interact with each other and are guaranteed by the state. Rights and freedoms are understood to mean the capabilities of a citizen that are recognized and guaranteed by law, and duties are the requirements of the state for its citizen. From the definition it follows that it is necessary to draw a line between the division of rights for a person and a citizen, since not every person in the world has a state-legal status. Consequently, each representative of the human race is endowed with human rights from birth, and the rights of a citizen are guaranteed on the basis of citizenship in a particular state.
Restriction of the rights and freedoms of man and citizen
The constitutions of modern states contain liberal views on property, political pluralism, democracy, while securing a sufficiently large volume of state capabilities in regulating all kinds of spheres of social relations, which form the basis of the organization of any society.Therefore, it is necessary to establish the limits of constitutional restrictions in order to preserve classical rights and freedoms, as well as protect a person and citizen from the arbitrariness of the state and violation of rights through the adoption of legal acts. Human freedom is of tremendous importance throughout the world, but do not forget that it cannot be comprehensive and encroach on the freedom of others. That is why there are legal grounds for its restriction.
Value
This institution is the most important in the legal system of a democratic state. Having originated in antiquity and actively developing in the modern world, it has become an integral part of public life. The rights and freedoms of man and citizen are such a form of interaction between people among themselves, as well as their interests, which is natural in nature, and also has legislative consolidation and helps to differentiate the freedom of one person from the freedom of another, as well as those rights that are protected, protected and guaranteed by the state and international law. Among the main ones can be called such as the right to life, to property, to housing, to inviolability, as well as freedom of conscience, religion, thought and word, movement and many others.
