Lesson of legal knowledge Law. Citizen. State. - presentation

Rights and freedoms of man and citizen

The topic we are about to begin studying should be quite familiar to you. And it will not be difficult for you to list the rights that you, as a person and a citizen, have (or should have) right off the bat, without any preparation. Our task is to bring the knowledge that you have into a certain system. To do this, let's answer a few questions

.

First, let’s highlight the criteria for classifying those rights and freedoms that you are ready to name right away (or after a little thought).

Secondly, let’s find out which of this diversity relates to rights and which to freedoms. After all, if we do not make do with one of these terms, then there is a difference in their meaning.

Thirdly, let us determine why, when speaking about rights and freedoms, we constantly clarify that we are talking about the rights and freedoms of man and citizen. Or is a citizen not a person?

And fourthly, let us remember that a person’s status is determined not only by his rights, but also by his responsibilities. What comes first in this connection?

So, first things first. To begin with, let us highlight two approaches to determining the source of origin of human rights

.

Proponents of natural law theory consider nature to be such a source. A person has rights from the moment of his birth, not because someone gave them to him, but because he was born as a human. This means that no one, including the state, can take away these rights. No, of course, the state can do something: respect and guarantee the rights of its citizens or violate and suppress them. But it cannot declare that they do not have these rights.

Proponents of a different – ​​positivist – approach consider the state to be a source of not only objective (generally binding norms, rules of conduct), but also subjective law. A person receives rights because the state establishes them and enshrines them in laws.

Which of these approaches seems more reasonable to you? Give reasons for your point of view. And think about another question: how does adherence to a natural or positive theory of law affect the political ideology of people, their attitude towards the state system?

Depending on the content

There are several groups of rights: personal, political, economic, social, cultural. We will characterize each of these groups separately in more detail.

They were proclaimed at different times. three generations of human rights is based on this fact.

.

To the first generation

include personal and political rights. The question of their naturalness and inalienability was raised in the era of bourgeois revolutions. All people are born free and equal in rights - this is the idea that can be considered their main slogan. Down with all class barriers and restrictions, hereditary privileges! Everyone should have the opportunity to take the place in society that he can achieve through personal efforts, relying on his abilities, talents and other useful qualities. And away with the state that clings to the remnants of the feudal past. The right of people to decide for themselves what the state that governs them should be like is also inalienable.

At the legislative level, for the first time in history, the personal and political rights of citizens were enshrined in the Virginia Declaration of Rights on June 12, 1776.

The emergence of the second generation of rights

– socio-economic and cultural – date back to the second half of the 19th – early 20th centuries. The development of bourgeois society, in which everyone was formally (before the law) equal, did not lead to a universal idyll. The stratification of people based on property has reached extreme limits. The class of wage earners, numerically predominant in developed countries, very persistently demanded another freedom - from want and fear for the future, their own and their children.

States interested in maintaining stability and the absence of revolutionary upheavals carried out social reforms. A unified social insurance system was introduced, the right to work and its fair payment were guaranteed. So that any person can become a full-fledged participant in social progress, his opportunities to develop spiritually - to receive an education, to have access to cultural values ​​and achievements of scientific and technological progress - are legally ensured.

Third generation of rights

These are the so-called rights of solidarity. After the Second World War, at the height of the struggle for the liberation of colonial peoples, the question arose about their right to independent development and self-determination.

Global problems have reached their peak, primarily environmental problems and the problem of the growing gap in the level of development of the countries of the North and South.

The peculiarity of this third generation of rights is their collective (rather than individual) nature. Therefore they are also called the rights of peoples. By the way, please note that along the way we have identified another criterion for the classification of rights and freedoms - the nature of the subjects

, that is, their carriers.

Individual rights to life, work, education, participation in elections and many others. Collective rights, in addition to the right of peoples to self-determination and environmental safety, also include, for example, the right to strike, hold demonstrations, and rallies.

Nowadays there is a lot of talk about the fourth generation of rights

– personal, or somatic.

This is due to the emergence of the opportunity to intervene in the process of reproduction of the human race, to change the physical (and in the future, perhaps, the intellectual) appearance of the individual. We are talking about artificial insemination and surrogacy, organ transplantation, the right to abortion and gender reassignment and similar things.

Does a person have the right to independently dispose of his body, to “modernize” or even “reconstruct” it?

The next classification criterion is the degree of distribution

. There are general rights and freedoms that every person should have at all times, in any situation.

The right to inviolability of person, private life and home. Only representatives of certain groups of the population can enjoy special rights. It is clear that not every person has the right to a pension. And only minors and people disabled for various reasons can count on someone to support them. The group of special rights also includes consumer rights. In principle, each of us has them, but the question of them arises only in certain situations. We can also recall the rights of workers and employers and much more.

By legal force

distinguish between fundamental rights (those enshrined in the state constitution) and sectoral ones.

Industry rights are derivatives of constitutional ones; they cannot in any way abolish or limit them. For example, having entered into a marriage, spouses most often live together, run a common household, and acquire joint property. But this does not in any way detract from their constitutional rights to freedom of movement, choice of place of residence, occupation, and property.

Another criterion is the degree of possible restriction of rights

. Absolute rights - to life, dignity, judicial protection - cannot be alienated or limited. Most relative rights are also inalienable.

But they can be limited under certain conditions. The Russian Constitution describes these conditions as follows: “... to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.” For example, restriction of freedom to travel outside the country may be associated with unfulfilled financial obligations to the state. Or when a citizen commits a crime. In this case, personal freedom may be limited, as well as many other rights.

Rights are also divided into positive and negative, depending on the role the state plays in their implementation.

.

For example, the right to education is positive. In order for citizens to implement it, the state must take certain actions. Build schools (and other educational institutions), equip them with all the necessary equipment, allocate funds to pay teachers and professors, and so on. And, say, the right to privacy of correspondence or telephone conversations requires that the state refrain from any actions to violate it.

And the last criterion, highlighting which we will simultaneously answer one of the questions posed at the beginning of the lesson.

A person can have some rights and freedoms only if he is a citizen

of this state. Foreign citizens, as a rule, cannot participate in government and do not have voting rights. Or they can only participate in elections of local government bodies if they permanently reside in a given region.

In Russia, bipatrids do not have passive voting rights. That is, in order to become a candidate for president, deputy, or to apply for the position of head of a subject of the federation, you need to renounce foreign citizenship.

But many rights and freedoms are in no way connected with citizenship; they are recognized by everyone. That’s why we call them that – human rights. Analyze the list of rights and freedoms you have compiled. Which of them are universal, and which can only be possessed by citizens of the Russian Federation?

Now about the difference between rights and freedoms

. Usually it is explained like this.

When we talk about human freedoms, we mean the ability to make choices, the specific result of which is not described. For example, each of us has freedom of conscience. That is, we can have any beliefs, including professing any religion. What beliefs and what religion? Any.

The term “right” assumes that a person performs some specific actions that lead to a certain result.

If you have passive voting rights, you can nominate yourself during, say, parliamentary elections. Moreover, this is not done in a free form, but in compliance with a clearly defined procedure. In the end, you will either be chosen or not. The result is extremely concrete, isn't it?

But in fact, it is very difficult to distinguish between these two terms. You can easily verify this. For example, property rights. On the one hand, it presupposes fairly certain actions: the owner can own, use and dispose of his property. But with a description of the specific results of these actions, perhaps, difficulties will arise. So highlighting rights and freedoms is rather a tribute to tradition. Perhaps in the near future, lawyers will put an equal sign between these two terms.

And the last thing we will talk about today is rights and responsibilities

. The differences between them are quite simple to name.

Right is the possibility of certain behavior. In order for rights to be exercised, a person must know them, be willing to use them and be able to defend them if necessary. For the fact that a person does not use any of his rights, he will not bear any responsibility.

Responsibility is the necessity of certain behavior. It is also worth knowing your responsibilities. But there will always be someone to remind you of them. Responsibilities dictate what a person must do. Failure to comply with them is punishable by law.

Fundamental rights belong to every person, regardless of gender, age, social status, health and other characteristics. Responsibilities most often depend on all these factors. Of course, everyone must obey the laws and take care of the natural and cultural heritage of the country. But, for example, the burden of paying taxes is placed on those who receive income or profit and have certain property. Military conscription is also not mandatory for everyone.

But a person’s rights and responsibilities are not different poles of his status, separated from each other. They are interconnected and united. Fulfillment of duties is a necessary condition and guarantee of the exercise of rights

. If each of us does not, as the Constitution requires, respect the rights and legitimate interests of others, then no one can expect that they will be respected and respected. Rights in this connection are perhaps primary. To be respected, it is necessary that they are clearly defined and that there are mechanisms for their implementation and protection.

Let's return once again to the four questions that were posed at the beginning of the lesson. Are you ready to answer them?

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