• What are fundamental rights?
• which are my fundamental rights?
• Difference between human rights and fundamental rights
• Fundamental rights and individual guarantees

We explain what the fundamental rights are and what each one consists of. In addition, human rights and individual guarantees.

No authority can violate fundamental rights.

What are fundamental rights?

Fundamental rights or constitutional rights are the set of rights that are considered "protected" or "essential", due to their connection with the dignity human or with the founding principles of the nation. They mostly coincide with the so-called human rights, but they constitute a separate legal category.

In the legal framework of a legislation specific, that is, in a Constitution or Magna Carta, fundamental rights have a differentiated and protected status that prevents any authority or institution from contravening them with impunity, since they are inalienable, irrevocable and non-transferable.

In many cases, these types of rights are known as first generation rights. On the other hand, the way to protect them, the procedures that do it and the mechanisms that are put in place in case they are violated, may differ substantially from one Condition to another, depending on the ordering of the Public Law in its Constitution.

which are my fundamental rights?

The rights considered fundamental can vary greatly depending on the legal order, that is, depending on each country. However, a list of the most relevant and frequent would include the following:

• The right to self-determination. Which consists of Liberty of peoples to choose their own sovereignty and political status, without the involvement of foreign agents of any kind.
• The right of freedom. That prohibits any type of mistreatment that prevents the individual to dispose of himself at will, such as slavery, political coercion, discrimination, etc.
• The right to due process. Grants all citizens the guarantee of being judged as established by the law, whatever your case, crime or condition, which includes the right to legal representation, to legitimate defense, not to incriminate oneself, to be treated with dignity, among others.
• The right to free movement. It means that any individual can legally and correctly mobilize through the territory national at will, without having to have the approval of third parties, and without anyone being able to prevent it. This right, however, is lost when the individual has been found guilty of a crime that merits incarceration.
• The right to free expression. It allows citizens to freely express their opinion orally, in writing or by whatever means, without suffering persecution from the State or anyone, as long as it does not contravene any fundamental right of third parties.
• The right to freedom thought. It implies that no one can be punished for having this or that opinion on an issue, or for being a member of the military in the legal political cause that they consider.
• The right to freedom of worship. It grants religious freedom to citizens, who may profess the faith that is to their liking, change churches or practice their respective rites, as long as they are within the framework of the legality.
• The right to peaceful concentration. It means that persons of a country can meet to protest, think, debate or make their political opinion felt freely, without being controlled by the State and without anyone preventing them, as long as said concentration is for peaceful purposes.
• The right to free association. It guarantees individuals the freedom to associate socially, economically and politically with whomever they prefer, always within the framework of the law, and to undertake the social or professional initiatives that they deem best.

Difference between human rights and fundamental rights

In many cases, human rights and fundamental rights may coincide exactly, that is, be the same. But the essential difference between one and the other has to do with the legal framework that regulates them.

Thus, human rights constitute a type of basic rights that every human being enjoys for the simple fact of being human, regardless of the territory in which they live, the Constitution that governs it and their nationality. These universal rights are governed by the concert of nations and are guarded by international legal organizations.

That is the reason why human rights violators can be prosecuted at any time of the day. history (because their crimes do not prescribe) and anywhere in the world, regardless of its legislation. This, of course, is the theory. In practice, there are always conditions that complicate compliance with this model of Justice.

For their part, fundamental rights are enshrined in a Magna Carta, that is, they may vary from one country to another and from one country to another. legal system to another.

For example, in the United States, each federal state has its own local constitution, the terms of which cannot contradict the National Constitution, but it can be differentiated from the constitutions of neighboring states, which is why some activities are legal in a state and are prohibited in another.

Fundamental rights and individual guarantees

Individual guarantees can be suspended, for example in the state of alert.

Just as the Constitution of the countries also provides individual guarantees, which are the mechanisms designed to protect fundamental rights, and therefore also vary depending on each legal system.

Thus, although they correspond to them, individual guarantees are secondary to fundamental rights. On specific occasions contemplated by the National Constitution, guarantees may be temporarily suspended, as occurs in states of commotion or siege, in which Martial Law must be applied to maintain public order.