Cuál es la diferencia entre derechos humanos y garantías individuales

Understanding the Difference Between Human Rights and Individual Guarantees

Introduction to Human Rights and Individual Guarantees

• The video introduces a common confusion between the terms "human rights" and "individual guarantees," emphasizing that they are not synonymous despite their close relationship.

• Human rights are defined as inherent rights belonging to every person simply by being human; they are universal, inalienable, interdependent, and progressive.

Characteristics of Human Rights

• Human rights do not depend on the state for existence; rather, it is the state's responsibility to recognize, respect, and guarantee these rights.

• Examples of human rights include the right to life, liberty, equality, education, and health.

Understanding Individual Guarantees

• Individual guarantees refer to legal mechanisms through which the state ensures that human rights are respected and protected.

• They serve as tools for individuals to assert their human rights against authorities. A notable example is the "juicio de Amparo," which protects individuals when authorities violate their rights.

Historical Context in Mexico

• The Mexican Constitution of 1857 recognized human rights but later adopted the term "individual guarantees" in 1917 for a set of constitutional protections (Articles 1–29).

• A significant change occurred with the Constitutional Reform on June 10, 2011, where terminology shifted from individual guarantees to human rights and their guarantees.

Key Differences Between Human Rights and Individual Guarantees

• Nature: Human rights are substantive while individual guarantees are instrumental.

• Origin: Human rights may have a natural law basis; individual guarantees derive from national legal frameworks.

• Function: Human rights represent what must be protected; individual guarantees provide means for ensuring that protection.

Conceptual Clarifications

• Dr. Ramón Gil Carréon Gallegos highlights that confusion between these terms is both terminological and conceptual.

• While human rights reflect aspirations for universal justice, individual guarantees express those aspirations within constitutional law.

Conclusion on Their Relationship

• Although often used interchangeably, human rights and individual guarantees serve distinct yet complementary functions in protecting individuals' entitlements.

• The distinction emphasizes that while human rights denote what should be safeguarded, individual guarantees outline how individuals can demand such protection.