The unalienable rights mean that people have rights precisely because they are humans, not only citizens of a certain state. These rights are inherent because every person is inherently endowed with them. This fundamental concept, along with the concept of a “born feeling of a human dignity”, is the basis of the idea of the actual international protection and ensuring the human rights. The unalienable rights of a person refer to the main commandments, such as ‘do not kill’ – the right to life, ‘do not steal’ – the right to the personal property and so on, which were declared in the Bible.
The definition of unalienable rights comprises the following statements. Everyone has the right to life, liberty, and security. All people have the right to the equal protection against any kind of discrimination. Everyone charged with a crime has the right to be presumed innocent until proved guilty according to the law in a public court, in which he is provided with all possibilities for the personal protection. Everyone has the right to freely move around and choose his place of residence within each state. Everyone has the right to leave any country, including his own, and to return to his country. Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection from the unemployment. Everyone has the right to rest and leisure, including the right to reasonable limitation of the working day and paid periodic holidays. Everyone has the right to education. Everyone has the right to freely participate in the cultural life of society, to enjoy art, to participate in scientific progress and benefit from it. It is impossible to prohibit unalienable rights by a decision of the court or by other normative act.
veryone should know and understand what are his unalienable rights. We all know about the existence of the Universal Declaration of Human Rights of the United Nations, which accumulated the most important rules of the human behavior, developed in the course of the centuries – an old history of the existence and development of the mankind. The Declaration lists such important rights for any of us, as the inviolability of the person, prohibition of the forced labor, freedom of movement, right to education and many, many others. Now, the right to access the worldwide Internet has also included in this list. They are considered innate and unalienable for every person, regardless of his citizenship, sex, age, race, ethnic or religious affiliation.
They are necessary for the protection of human life, dignity, and freedom. In order to define unalienable rights, it is convenient to consider the personal rights, which usually include:
– The right to live;
– The right to liberty and security of person;
– The right to personal dignity;
– The right to privacy;
– The right to inviolability of the home;
– The right to self-defense, including the right to effective means of self-defense, such as firearms;
– The right to national and cultural self-identification;
– The freedom of selecting a religion and freedom of thoughts;
– The freedom of movement and choice of residence;
– The freedom of a nationality choice and language of communication;
– The right to a judicial protection;
– The right to a name.
The right of the private property is also one of the basic personal rights since the Great French Revolution.
The unalienable rights serve as the basis for the theory of the natural law. That is, along with the legal norms established by the state, the common law also includes a natural law. The latter is understood as the set of rights that all people possess from nature by virtue of the very fact of their birth: the right to life, freedom, equality, private property, the right to be happy, the right to oppose oppression and so on. Therefore, such a right is reasonable and It is not constrained by the borders of individual states, but applies to all times and peoples. The natural law is eternal and unchanging, as the nature and the mind of a human are eternal and unchanging. The natural rights and freedoms belong to him from birth. This formula means the priority of human rights over all other norms of human communication. The state and society have no right to encroach on universally recognized human rights, because they are of a natural nature and inseparable from the individual, they are extraterritorial and non-national, exist independently of the state legislative acts, and are subject to the international legal regulation and protection.
ignores natural human rights, or more, infringes, destroys them, hinders their implementation or creates conditions for the rights manifestation only for a certain group of persons, groups or classes, it is characterized as an antidemocratic (authoritarian, totalitarian and so on) power. The natural human rights and freedoms are characterized by the following features:
– They arise and develop on the basis of the natural and social essence of man, taking into account the constantly changing conditions of society;
– They are formed objectively and do not depend on the recognition by a state;
– They belong to a person from birth;
– They have an inalienable, inalienable character;
– They are recognized as the highest social value;
– Their recognition, compliance and protection are the responsibility of the state.
Thus, human rights and freedoms are natural and unalienable, given to him from birth, are generally recognized as the highest value and are not exhaustive. Everyone, regardless of his social origin and position in a society, is the bearer of natural and equal rights that cannot be taken away from him by the state or alienated in any other way. Recognition, observance and protection of human rights is the main duty of the state.
These basic laws also impose on the state, its bodies and officials the obligation to respect, protect and guarantee the unalienable rights of the individual without distinction of nationality, language, religion, sex, political opinion, social status and so on. The government recognizes inviolable and unalienable human rights as the basis for the democratic development of society, to which it cannot encroach. The main practical value of the rights and freedoms of the individual consists in their objectiveness and the reality, in the extent to which the rights and freedoms proclaimed by the state are realizable in the practical daily life.