INDIVIDUAL GUARANTEES: CHARACTERISTICS AND CLASSIFICATION - CULTURE VOCABULARY - 2025

Individual guarantees are legal figures contained in a national constitution and protect the Human Rights accepted by the countries, in the Universal Declaration drawn up in 1948, after the Second World War.

The humanitarian crisis experienced after the Nazi holocaust, motivated the allied countries to draft the Declaration of Human Rights in 1948, with 30 articles and recognized by most countries around the world.

The way to ensure that the world complied with this universal standard was to require all nations to create compliance guarantees through their national constitutions or current regulations.

What are individual guarantees for?

Through individual guarantees, it is ensured that all people in the world can develop basic rights and thus fulfill their life purpose.

To define what human rights and individual guarantees are, we started from the vision that every person lives to be happy, that is, that it is not an instrument of the happiness of the other, but rather that its objective consists of developing the own ends that have been tracing.

To achieve this, each person needs to make use of fundamental rights that at the legal level are protected by individual guarantees of equality, freedom, legal security, property and social claim.

In all the constitutions of the world, it is individual guarantees that support a human right; thus, they prevent these from being violated or repair a right when it has been violated.

Characteristics of individual guarantees

They are universal

First of all, individual guarantees are universal because they apply to everyone in the world.

Since the French Revolution, when the rights of man were proclaimed, a new nature was established for all individuals who inhabited the planet. One hundred and fifty years later, after World War II, the universal character of this manifesto was declared.

Irrevocable

Second, individual guarantees are inalienable. When a person is born, they automatically acquire these guarantees, neither individuals nor the State can renounce them.

Imprescriptible

Individual guarantees are imprescriptible, that is, they are never lost or extinguished. Despite guaranteeing the development of human rights, they do not end when they do.

Inalienables

Fourth, individual guarantees are inalienable. They cannot be taken from the individual and consequently it is impossible to sell or exchange them.

Limiting the power of the State

Finally, individual guarantees are limiting of the power of the State. Although it must make them a reality through regulations, it does not have any rights over them. They are developed at the national level but their nature is supranational.

Individual guarantees define man as a being who seeks his own happiness and to achieve it requires realizing his own ends. In this sense, the legal order recognizes the minimum of human freedom for the development of the individual's personality.

It forces the creation of laws

An individual guarantee establishes an obligation to the authority so that people can enjoy the rights that are granted to them from the moment they are born.

The authority must then create the laws and regulate them in such a way that all rights are guaranteed.

Seeks man-society harmony

An individual guarantee seeks a balanced harmony between the well-being of the governed man and social demands; In other words, it ensures peaceful coexistence between men who share and live in the same territory, in the search for justice, social welfare and the common good.

They are protected by constitutional protection

Individual guarantees protect rights and at the same time are protected by another legal entity: constitutional protection.

In the event that a human right is not protected by an individual guarantee, the amparo fulfills this function by establishing an obligation for the authority to respect said right.

Under certain conditions they can be suspended

Their natural character is not permanent, because they can be suspended when there are scenarios of attack, external invasion or any factor that alters the peace.

The decision to suspend individual guarantees is the sole responsibility of the executive branch.

Classification

Equality guarantees

These guarantees consider that people are free to decide what lifestyle they want to develop and what they want to think or feel in relation to political and religious matters.

Among these guarantees are the prohibition of slavery, equal rights without distinction, the prohibition of titles of nobility or nobility, and the prohibition of fueros.

Guarantees of freedom

The guarantees of freedom recognize every person in three dimensions: the freedoms inherent to the human person, the freedoms corresponding to the natural person and the freedoms of people in the social sphere.

Guarantees of legal security

The guarantees of legal security include the right to petition, the right to be detained only with a judicial order carried by the security forces, and the right to receive the administration of justice in an efficient and effective manner.

In general, these guarantees protect privacy and due process.

Property guarantees

Property guarantees ensure the right that everyone has to access the land for its production.

It assumes that the lands and waters belong to the State and the State has the right to transfer them to individuals.

Being the owner, possessor or lessor of the land is a way of accessing the land and the State has the function of granting this individual guarantee through the regulations.

Social guarantees

Social guarantees make it possible to regulate the principles, procedures and institutions whose purpose is to protect, protect or vindicate the most vulnerable people or societies.

Among these guarantees are the right of free assembly, demonstration, as well as the option to go on strike.

Difference between individual guarantees and human rights

It is important to bear in mind that when it comes to human rights, it is about the substantive aspect, that is, the right itself; while, when speaking of individual guarantee, reference is made to the procedural action, to the way in which said right will be protected.

Among the individual guarantees it is possible to cite that of moving freely, expressing ideas, working, professing a cult, protecting privacy, etc.

References

1. Burgoa, I. (1970). Individual guarantees (Vol. 16). Porrúa. pp 55-90
2. Donnelly, J. (2013). Universal human rights in theory and practice. Cornell University Press.
3. Pesante, HS (2004). Lessons in constitutional law. Legal Editions. pp: 23-34
4. Goodpaster, GS (1973). The Constitution and Fundamental Rights. Ariz. L. Rev., 15, 479.
5. Donnelly, J. (2013). Universal human rights in theory and practice. Cornell University Press.