Throughout their history, people have tried to find the most acceptable forms of social formation. After all, it was initially clear that a person cannot survive alone. He needs help. Only together, in groups, people are able to overcome all the difficulties of the modern world. The very first formation was the clan community. However, she did not confirm expectations, because the leader’s power was not always correct and competent. Over time, such communities began to unite in large social formations, which subsequently led to the emergence of states. The latter, in turn, do not stop evolving until now. The main changes were made in order to satisfy the interests of absolutely all residents of a country. However, this is quite problematic. As we know, there are several forms of government. Scientists still 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 everyone only if people in the state are endowed with powers and duties that do not constrain them. Thus, the article will discuss the rights and obligations of a citizen and a person.
General concept
The rights and obligations of people can be viewed from two key positions: as generally accepted powers and as a connection between the state and a specific person. The latter type is also called the term “constitutional rights”. Initially, the fundamental rights, freedoms and duties of a person must be considered from a common perspective. According to her, the presented category is a set of rules and norms protected and established by international and state acts that govern public relations. In this case, all existing human rights actually form the legal status of each individual.
Correlation of constitutional and general powers of a person
It should be noted that the rights, freedoms and obligations enshrined in international acts create a certain core of constitutional powers. In other words, states cannot in any way narrow human freedoms established in international law. This principle was developed after the Second World War, when humanity saw the harmful effects of the process of violation of human rights. Therefore, the constitutional rights and obligations of man and citizen in the second half of the XX century began to be actively considered by scientists. In addition, mankind gradually began to develop a mechanism for their direct protection and implementation.
Different concepts of understanding basic rights and obligations
The rights of liberty and the obligations of man and citizen today are considered by scientists from different points of view. The presence of many approaches indicates a high level of study of this issue. The legal concept of the rights, freedoms and duties of people was developed in ancient Greece and Rome. After all, it was in these states that the republican form of government first appeared, which implies the democracy of public relations and the equality of citizens within the country. However, according to scientists, rights and freedoms do not come from a person, but from the state, since the latter by its laws provides a range of legal opportunities for each individual individually. But such a statement is quite controversial. Indeed, in this case, the fact of the existence of fundamental, natural rights remains unclear : to life, freedom of speech, etc.
From a philosophical and legal point of view, the basic rights and obligations of a person are a purely social phenomenon. Similarly, people organize interaction between themselves and the state. It was the philosophers who explained how man and society interact. At the same time, the rights and obligations of specific individuals are the guarantee of the opportunity to defend one’s interests before the state.
Idea of ​​equality
The theory of human rights, freedoms and duties is largely based on the principle of the equal rights of all people. Its slow development began many years ago, but it took centuries to completely eradicate any form of discrimination on any grounds. But already in the Declaration of Human Rights and Citizen, which was signed in 1789, the principle of equality was enshrined. According to him, all people are born completely free and equal among themselves in their rights and virtues. In fact, the presented principle forbade any kind of encroachment on the freedom and honor of the 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 the equal rights of men and women. This principle was developed and adopted in some European countries in the middle of the XIX century. Its most striking development was traced in France.
Democracy and the rule of law
Constitutional rights, freedoms and duties of a person exist in each particular state. But their appearance is due not only to the basic law, which will be discussed later in the article, but also to other factors. The most important of these are concepts such as “democracy” and “rule of law”. As for democracy, it is precisely this condition that determines the existence of certain freedoms in 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 opportunities in a particular country.
The rule of law is a category that shows the direct connection between society and government, as well as the fact of the existence of a mechanism for the protection of 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 human rights are classified
It should be remembered that, like many social and legal categories, the rights and freedoms of people are also subject to classification. As practice shows, differentiation of all competencies is carried out in scientific schools in completely different ways. For example, most scholars are of the opinion that the rights of a citizen and a person are two fundamentally different categories. But, as mentioned earlier, constitutional powers cannot exist without common ones, which, in essence, create their core. Thus, today the following groups of rights are distinguished: personal, political, environmental, cultural, social and economic.
Personal rights and obligations of people
Personal rights are an integral part of each and every individual. They determine its legal regime. Personal rights are granted to everyone regardless of gender, race, color, age, religion, etc. To date, scientists attribute the following to personal rights: the right to life, fair proof of innocence, inviolability of the home and person, honest and voluntary work, dignity, etc. It should be noted that personal rights are supported by personal obligations that correspond to a number of the powers presented. Thus, a person is obliged to respect the lives of other individuals and their rights, as well as in no way violate them.
Political and Social Rights
Constitutional rights, freedoms, duties of a person and 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 as possible connected with the process of a person’s stay in a particular state and its interaction with authorities. These include the right to freedom of speech, press, assembly, conscience, unions, strikes, the equality of all before the law, and more.
Social rights and obligations are somewhat similar to political ones, but their legal purpose is somewhat different. They are, first of all, created for the implementation of human activities to provide themselves with any material or spiritual benefits. These include the right to work, protection of the family, housing, social security, health protection and favorable working conditions.
Thus, a person who has the rights and duties of a political and social type is the owner of a kind of “shield” that the state erects for him.
Economic, cultural and environmental rights
In addition to the groups of human rights already presented 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 rights provide freedom of science and moral development, environmental rights provide a right to a safe environment, etc.
It should be noted that the legal areas presented also have an appropriate range of responsibilities. They, in turn, largely limit the subjects in the process of exercising their powers. For example, no one can limit human freedom of work for the sake of their interests.
Constitutional rights and obligations in Russia
Maintaining and ensuring 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 enshrined in the main law of the country, namely, in the Constitution. Such a humanistic orientation was developed by the Russian Federation after the collapse of the Soviet Union, when it managed to eradicate totalitarianism on its territory. Today it is safe to say that Russia is a democratic legal state of the 21st century in which people are not only financially secure, but also legally protected. It should be noted that the population of the Russian Federation has not only rights and corresponding duties, but also guarantees for the implementation of these categories.
General information about human rights in the Constitution of the Russian Federation
As mentioned earlier, the rights and obligations 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 more detail and fully, as well as control the process of implementing the mechanism of constitutional freedoms. At its core, the Constitution of the Russian Federation contains all the generally accepted human rights and freedoms listed above, namely: personal, political, economic, etc. As for duties, they are somewhat supplemented. After all, the citizen and the state are inextricably linked with each other. Thus, one of the specific duties is the protection by citizens of their state and its sovereignty. This indicates the presence of conscription service in the Russian Federation.
Conclusion
So, in this article it was told about what constitute the rights and obligations of people and citizens, as well as what is their difference. It should be noted that the theoretical question presented still requires considerable study by scientists. Indeed, in many states the mechanism of providing a person with his rights has not yet been developed. This fact in the future may negatively affect the situation of these countries and the global politics of humanism as a whole.