DIFFERENCES BETWEEN HUMAN RIGHTS AND INDIVIDUAL GUARANTEES - CULTURE VOCABULARY - 2024

The differences between human rights and individual guarantees basically lie in which is the body that grants each one of these and the scope of each entity in terms of jurisprudence.

In the case of human rights, the Universal Declaration of Human Rights was adopted by the General Assembly of the United Nations, and its extension covers the 193 member countries of this organization.

Regarding individual guarantees, these vary from country to country since they are constitutional rights, and each country has its own Constitution and its own laws.

Comparing human rights and individual guarantees can be very subjective, because it is not a universal comparison but on a case-by-case basis, depending on the country. Even so, it is possible to contrast some elements in general lines.

The 5 main aspects that differentiate human rights and individual guarantees

1- Right to free choice of work

The Universal Declaration of Human Rights (UDHR) establishes in its article 23 that "everyone has the right to work, to free choice of work, to just and satisfactory working conditions and to protection against unemployment."

This is in stark contrast to the caste system in India or the compulsory military service present in many countries such as Cuba or Israel, where citizens are required by law to perform military service, unless physical or mental incapacity is demonstrated.

2- Right to free movement

In article 13, numeral 2, of the UDHR it is established that "everyone has the right to leave any country, including their own, and to return to their country", but this is clearly not fulfilled in countries with autocratic regimes.

The obstacles imposed by laws and bureaucracy in China, North Korea and Cuba prevent their citizens from leaving their countries freely, who could face penalties if they return.

3- Right to private property

Article 17 of the declaration of human rights states that “everyone has the right to property, individually and collectively. No one shall be arbitrarily deprived of his property".

But this is not fully met in Venezuela, Cuba and other socialist countries, where homes are awarded to citizens and the purchase and sale of them is limited.

In the same way, the expropriations of private companies under the argument of public utility goes against human rights, and even so it is protected in the constitutions of some countries.

4- On torture and degrading treatment

Article 5 of the UDHR states that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", but these practices are common on the part of intelligence services in many countries.

The torture of prisoners of war and enemies of combat, and the allocation of prisons to dissidents is the day to day in many countries.

5- Freedom of thought and belief

In its article 18, the UDHR establishes freedom of thought, conscience and religion, an unviable option in Islamic countries in which the law has been formed based on the Koran.

Republics with conservative governments tend to maintain a strong link between state and religion.

References

1. Wikipedia - Universal Declaration of Human Rights: en.wikipedia.org
2. Chamber of Deputies of Mexico: diputados.gob.mx
3. Online Latin American Technological University - What are the individual guarantees of Mexicans ?: utel.edu.mx
4. Notes on Law - Individual Guarantees: misapuntesdederecho.blogspot.com
5. Comparative Table of Human Rights and Individual Guarantees: morningmaniacmonster.blogspot.com