Derechos Fundamentales
Understanding Fundamental Rights
What Are Fundamental Rights?
- Fundamental rights are inherent to every person simply by being human, not granted by legislative bodies.
- These rights are intrinsic to human dignity and exist independently of positive law or codification.
- The Nuremberg Trials exemplified the application of fundamental rights, where the basis for condemnation was rooted in these inherent rights rather than specific legal codes.
Terminology and Synonyms
- Fundamental rights can also be referred to as human rights, natural rights, or simply the rights of man; all terms signify similar concepts.
- Their primary function is to protect individual freedoms against public authorities, ensuring the right to life, expression, association, and more.
Characteristics of Fundamental Rights
- Fundamental rights are imprescriptible; they can be exercised at any time and do not expire until a person's death.
- They are inalienable and irrenunciable; individuals cannot transfer or waive these rights through contracts or agreements.
- Universal applicability means these rights apply to all humans regardless of age or condition and can also extend to collective groups.
Historical Development of Fundamental Rights
Origins and Evolution
- The concept of fundamental rights emerged during the Modern Age; earlier societies lacked a notion of "personhood."
- Key historical documents include England's Bill of Rights (1689), Virginia's Declaration (1776), and France's Declaration during the Revolution (1789).
Global Recognition
- Influential constitutions like Mexico’s (1917) and Weimar’s (1919 in Germany), along with the UN's Universal Declaration of Human Rights (1948), helped establish global standards for fundamental rights.
Protection Mechanisms for Fundamental Rights
Role of Judicial Bodies
- Constitutional courts or supreme courts typically safeguard fundamental rights within nations. In Europe, this includes the European Court of Human Rights as an additional protective body.
Limits on Fundamental Rights
- While essential, fundamental rights have limits: they must not be exercised abusively nor infringe upon others' rights.
- Conflicts may arise between different fundamental rights—such as freedom of expression versus privacy—which necessitate careful balancing.