The term individual guarantees is commonly used in the branch of Law, as it is where it has the greatest application. Guarantees means securing, assuring or protecting something, in this case the rights of individuals residing or belonging to a State or Republic. In this sense, human rights emerge thanks to the desire to end the monarchical absolutisms and dictatorial tyrannies that have existed in some towns and their people who have fought for their defense and rights.
What are individual guarantees
Table of Contents
Individual guarantees are all those means of protection of public rights of which all individuals are creditors, since all nations must ensure their compliance, as inhabitants of it, and for this reason they must be required to comply. They are related to the existence of peace and harmony in society living peacefully and orderly in order to achieve collective well-being.
On the other hand, the etymology of the word guarantee indicates quality (-ia) of the guarantor. The word guarantor comes from the French guarantee and in turn from the Germanic waren (take responsibility, ensure something)
Characteristics of individual guarantees
From the moment the person is born, they enjoy rights that are established in the supreme norm of a State, also called individual guarantees of the constitution (in some countries) which is the foundation of the legal order and in it is reflected which ones they are the rights of people and in turn they must be guaranteed.
Consequently, it has the following characteristics:
- Unilateral: the State exercises them without distinction and in its own name.
- Irrevocable: in no case a citizen can get rid of him or them.
- Non-transferable: the guarantees belong to each specific individual and only to him.
- Lasting: nor do they prescribe, except in the cases contemplated by the Constitution itself.
- Sovereigns: they obey the political Constitution of a certain nation and conform to the rules that govern their territory.
Classification of individual guarantees
Naturally, these are a right that the individual possesses, just because of being born, without taking into account; sex, skin color, race, nationality, age, religious or political beliefs, these being some examples of individual guarantees.
It should be noted that individual guarantees in Mexico are established in the Political Constitution of the United Mexican States, within articles from 1 to 29, where each individual will enjoy freedom, security, equality and property.
Consequently, they are classified into various types of individual guarantees, such as:
Guarantees of freedom
Those that allow the individual to freely exercise a legal profession, express their ideas in the way they prefer, move at will, practice religion and, in general terms, exercise any other right without the need for approval or supervision from someone, provided that they do not hurt no one in the process.
Example: being an atheist and not disturbing anyone with it.
Equality guarantees
Those who ensure equality before the law, that is, that all citizens have the same treatment being in the same circumstances.
Example: providing indigenous groups with a free health service.
Property guarantees
The guarantee of ownership refers to the lands and waters that are within an area belonging to the State, and the State will recognize the private property that the nation can establish to individuals.
Example: provision of land for the construction of houses for the needy.
Guarantees of legal security
The guarantee of legal security concerns the effective administration of justice, protecting both property and the physical and moral integrity of individuals.
Some legislative texts indicate that individual guarantees may be temporarily suspended under certain circumstances, such as an external threat or a situation of war.
Example: have a trial made by a lawyer.
Suspension of individual guarantees
The suspension of individual guarantees is a mechanism provided for in the Constitution, which provides for the possibility of suspending, for a specified time, and under certain bases and guidelines established in the Magna Carta itself, some of the recognized and protected fundamental rights.
The suspension of individual guarantees is carried out by the executive power when there is a public disorder of great magnitude, to regulate and reassure the population of the nation.
It is important to note that in the constitutional history of individual guarantees in Mexico, there is the suspension of the same due to the participation of said country in World War II, the respective decree appeared in the Official Gazette of the Federation on 2 June 1942.
Frequently Asked Questions about Individual Guarantees
What are individual guarantees?
They are rights that each individual possesses by the simple fact of being born, regardless of their nationality, race, sex, age, religious or political beliefs.How are individual guarantees classified?
- Equality Guarantees.
- Guarantees of Freedom.
- Guarantees of legal security.
- Property guarantee.
- Social Guarantees.
