Basic rights and duties of people. Constitutional rights, freedoms, duties of a person and citizen

Throughout its history, people have tried to find the most acceptable forms of social formation. After all, it was clear from the beginning that a person can not survive alone. He needs help. Only together, in groups, people are able to overcome all the difficulties of the modern world. The first formation was the tribal community. However, she did not confirm the expectation, because the power of the leader was not always correct and competent. Over time, these communities began to unite in large social formations, which subsequently led to the emergence of states. The latter, in turn, do not cease to evolve until now. The main changes were made with the aim of satisfying the interests of absolutely all residents of this or that country. However, it is problematic to implement this. As we know, there are several forms of state power. Scientists to this day argue which of them is more acceptable for the realization of the interests of all segments of the population. But the answer lies not in the forms of power, but in the legal regime of human freedoms. In other words, it is possible to satisfy the interests of absolutely all people only if people in the state are endowed with powers and duties that do not bind them. Thus, the article will deal with the rights and duties of a citizen and a person.

General concept

Rights and duties of people can be viewed from two key positions: as generally accepted powers and as a link between the state and a particular person. The latter kind is also called the term "constitutional rights". Initially, the basic human rights, freedoms and duties must be viewed from a common position. According to it, the presented category is a set of rules and norms regulated by international and state acts that regulate social relations. In this case, all existing human rights actually form the legal status of each individual person.

Ratio of constitutional and general human rights

It should be noted that the rights, freedoms and duties enshrined in international instruments create a certain core of constitutional powers. In other words, states can not in any way restrict the human freedoms established in international law. This principle was worked out after the Second World War, when humanity saw the pernicious impact of the process of violation of human rights. Therefore, the constitutional rights and duties of man and citizen in the second half of the XX century began to be actively considered by scientists. In addition, humanity has gradually begun to develop a mechanism for their immediate protection and implementation.

Different concepts of understanding basic rights and responsibilities

Rights of freedom and duties of man and citizen are now considered by scientists from different points of view. The presence of multiple approaches demonstrates a high level of study of this problem. The legal concept of the rights, freedoms and duties of people was developed in ancient Greece and Rome. It is in these states that the republican form of power first appeared, which implies the democratism of social relations and the equality of citizens within the country. However, according to scientists, rights and freedoms do not come from man, but from the state, since the latter provides by its laws the range of legal possibilities of each individual individually. But such a statement is rather controversial. After all, in this case, the fact of the existence of basic, natural rights: for life, freedom of speech, etc., remains incomprehensible.

From the philosophical and legal point of view, the basic human rights and duties are a purely social phenomenon. Similarly, people organize interaction between themselves and the state. It was the philosophers who explained how people and society interact. The rights and duties of specific individuals at the same time are the guarantor of the opportunity to defend their interests before the state.

The idea of equality

The theory of human rights, freedoms and duties is largely based on the principle of equal rights for all people. Its slow development began many years ago, but it took centuries to completely eradicate any manifestations of discrimination on any grounds. But already in the Declaration of the rights of man and citizen, which was signed in 1789, the principle of equality was fixed. According to him, all people are born completely free and equal to each other in their rights and dignities. In fact, the presented principle prohibited any kind of encroachment on the freedom and honor of an individual due to his personal qualities.

The rights, freedoms and duties of man and citizen, or rather, the theory of these powers, evolved after the proclamation of equality of rights between men and women. This principle was developed and adopted in some European countries in the middle of the XIX century. The most vivid development of it was traced in France.

Democracy and the rule of law

Constitutional rights, freedoms and duties of man exist in every particular state. But their appearance is due not only to the basic law, which will be discussed later in the article, but also by other factors. The most important of them are such concepts as "democracy" and "rule of law". As for democracy, it is it that determines the existence of certain freedoms for people. Without a democratic system, in fact, there would be no equality. In addition to this, the presented category largely determines a wide range of legal human capabilities in a particular country.

A legal state is a category that shows the direct connection between society and government, as well as the existence of a mechanism for protecting human freedoms. In any legal state, all social structures are well developed. Therefore, the constitutional rights and duties of a person in such a country are not only realized, but also protected by law.

How are human rights classified?

It should be remembered that, like many social and legal categories, human rights and freedoms are also subject to classification. As practice shows, the differentiation of all powers is carried out in scientific schools in completely different ways. For example, most scientists hold the view that the rights of a citizen and a person are two fundamentally different categories. But, as it was mentioned earlier, constitutional powers can not exist without common ones, which, in essence, create their core. Thus, to date, the following groups of rights are distinguished: personal, political, ecological, cultural, social and economic.

Personal rights and duties of people

Personal rights are an integral part of every individual without exception. They determine its legal regime. Personal rights are given to all regardless of gender, race, color, age, religion, etc. To date, scientists refer to personal rights as follows: the right to life, a fair proof of innocence, the inviolability of home and person, honest and voluntary work, dignity, etc. It should be noted that personal rights are backed by personal responsibilities, which correspond to a number of powers represented. Thus, a person is obliged to respect the life of other individuals and their rights, and also in no way to violate them.

Political and social rights

Constitutional rights, freedoms, duties of a person and a citizen are largely based on universally recognized social and political rights. After all, they most fully show the connection between man and the state. As for political rights, they are as closely connected with the process of a person's stay in a particular state and its interaction with the authorities. These include the right to freedom of speech, press, assembly, conscience, unions, strikes, equality of all before the law, and so on.

Social rights and duties are in some ways similar to political ones, but their legal purpose is somewhat different. They, first of all, are created for realization of human activity in providing themselves with any material or spiritual benefits. These include the right to work, family protection, housing, social security, health care and favorable working conditions.

Thus, a person who has rights and responsibilities of a political and social type, is the owner of a kind of "shield" that the state is building up for him.

Economic, cultural and environmental rights

In addition to the human rights groups already represented in the article, there are also environmental, cultural and economic rights. They certainly have the same legal force and significance, as, for example, personal and political. However, their range of activities is quite specific. Thus, economic rights regulate human financial activities, cultural ones provide freedom of science and moral development, environmental rights grant the right to a safe environment, etc.

It should be noted that the represented legal areas also have a corresponding range of responsibilities. They, in turn, largely limit the subjects in the process of their exercise of their powers. For example, no one can restrict human freedom of labor to suit their own interests.

Constitutional rights and duties in Russia

Maintaining and securing fundamental human rights and freedoms is a key principle in building the entire legal system in the Russian Federation. It should be noted that the basic powers are fixed in the main law of the country, namely, in the Constitution. This humanistic orientation was worked out by the Russian Federation after the collapse of the Soviet Union, when it succeeded in eradicating totalitarianism on its territory. Today we can say with confidence that Russia is a democratic legal state of the XXI century, in which people are not only financially secured, but also legally protected. It should be noted that the population of the Russian Federation has not only rights and corresponding responsibilities, but also guarantees the implementation of these categories.

General information on human rights in the Constitution of the Russian Federation

As mentioned earlier, the rights and duties of people in our country are enshrined in the Russian Constitution - the basic law. This allows the state, in the person of its authorities, to regulate in greater detail and fully, as well as to control the process of implementing the mechanism of constitutional freedoms. In its essence, the Constitution of the Russian Federation contains all of the above generally accepted human rights and freedoms, namely personal, political, economic, etc. As for duties, they are somewhat complemented. After all, the citizen and the state are in indissoluble connection with each other. Thus, one of the specific duties is to protect citizens of their state and its sovereignty. This indicates the existence of a draft service in Russia.

Conclusion

So, in this article it was told about what the rights and duties of people and citizens are, and also about what their difference is. It should be noted that the presented theoretical issue still requires considerable study by the scientists. After all, in many states, the mechanism for ensuring human rights is not yet developed. This fact in the future can negatively affect the position of these countries and the world politics of humanism in general.