individual guarantees



We explain what the individual guarantees defined by each Constitution are, their characteristics, classification and examples.

The constitutions of many countries determine the individual guarantees of citizens.

What are individual guarantees?

In some laws national guarantees, individual guarantees or constitutional guarantees are called constitutional rights or fundamental rights. In other words, they are the minimum basic rights enshrined in the Constitution of a nation determined.

These rights are considered essential to the political system and are linked to the dignity human, that is, they are natural to any citizen regardless of their condition, identity or culture. For this reason, they enjoy a special status among the laws that constitute the legal order.

The protection of these guarantees varies depending on the legal framework that we examine. While Rights of the first generation, they always enjoy a privileged status above the rest of the political, social, commercial or other rights.

The procedures and mechanisms for this are ordinarily described in the Constitution of each country, and are the exclusive subject of the attention of the Condition. And only he is empowered, under conditions of very special consideration, to suspend them temporarily.

They should not be confused with Universal Human Rights.

Characteristics of individual guarantees

Individual guarantees are the subject of the public Law Y subjective, of whose fulfillment the State is in charge, through its various institutions. Commonly these rights are:

  • Unilateral. The State exercises them without distinction and on its own account.
  • Unwaivable. In no case a citizen it can be stripped of them or be stripped of them.
  • Non-transferable. The guarantees pertain to each specific individual and to him only.
  • Durable. They never expire, nor do they prescribe, except in cases contemplated by the Constitution itself.
  • Sovereigns. They obey the political Constitution of a given nation and conform to the rules that govern their territory.

Classification of individual guarantees

Individual guarantees of freedom include freedom of worship.

Individual guarantees are classified in three orders:

  • Guarantees of equality. Those that ensure equality before the law, that is, that all citizens have the exact same treatment under the same circumstances.
  • Guarantees of Liberty. Those that allow the individual to freely exercise a lawful trade, express his ideas in the way he prefers, travel at will, practice the religion, and in general to exercise any other right without the need for approval or supervision of anyone, as long as it does not harm anyone in the process.
  • Guarantees of property. Those economic guarantees that allow the individual to carry out lawful transactions, own movable or immovable property, and exercise decision on their own assets.
  • Guarantees of legal security. Those that assure individuals physical and / or psychological well-being before the forces of the State, as well as the right to due process in case of breach of any law.

Examples of individual guarantees

As an example, we can cite some fundamental rights of the Spanish Constitution:

  • Right to life, including the abolition of the death penalty.
  • Right to physical and moral integrity, for which torture, punishment or inhuman treatment is prohibited.
  • Right to freedom of beliefs, so that anyone can profess creeds or ideologies according to their interest, and the State declares itself non-denominational, that is, without an official religion.
  • Right to legal security and judicial protection, which guarantees that in any case the individual is subjected to a judicial process with guarantees, with the right to an ordinary judge, to defense and legal assistance, to know the accusations against, not to declare against himself and the presumption of innocence, among other things.

Individual guarantees in Mexico

The individual guarantees in the Political Constitution of the United Mexican States are found in its dogmatic part, where the undeniable and fundamental principles of the Rule of law.

This section includes the first 29 articles of the Constitution. They cannot be suspended except in the cases contemplated in articles 1 to 29 of the same.

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