The right It is the set of principles and norms that govern a certain society. There are rights that are inherent to the human person (natural rights) and there are other rights that were created and regulated by the members of a society to maintain justice and public order (positive law). In addition, according to certain characteristics, the right may be current, objective and subjective.
The natural law It is formed by the principles and attributes that every human being possesses by the mere fact of being a person. They are rights that are based on the human condition. For instance: right to physical and moral integrity, right to think and reason, right to life.
They are superior rights and prior to positive law. They are universal, immutable and constitute the basis of universal human rights. These rights rest on ethics and morals.
Positive law is one that human beings apply to establish norms of coexistence within a society. This right is established in laws, decrees, sanctions, regulations; legal norms that provide a framework of order, equality and justice in societies.
Positive law finds its foundation in natural law, it is typified and regulated according to each society. For instance: right to recreation, right to a fair trial.
A current right is a rule that is valid in a given territory and time and whose compliance is mandatory. They are rights that are presented in writing and have a specific period of time of application. For instance: penal code, customs duties.
This type of law is the one that adjusts to the advances and political, social and cultural changes of a certain society. The opposite of the current law is the right abrogated or abrogated. Not all positive rights are valid.
Objective and subjective right
The objective right is formed by rules that impose a certain behavior in a situation. They are obligations that must be respected. The State must ensure its compliance and imposes penalties. For instance: dright to prohibit seizing those goods that are not their own, right to private property.
The subjective right is made up of the faculties or powers that a certain person possesses within an area, which allows them to act in the way they deem most convenient to meet their needs and interests. It is based on a conformance agreement in which an action or omission is required of someone. It is a permission that derives from the objective right. For instance: copyright, commercial rights, contracts.
Both rights (subjective and objective) have a coexistence relationship. For instance: While the objective right obliges the payment of debts; the subjective right is the one that protects the creditor when claiming the payment of said debt.
Examples of natural law
- Right to eat
- Right to shelter
- Right to good treatment
- Right to liberty
- Right to work
- Equality right
- Right to property
- Right to identity
Examples of positive law
- Right to public education
- Right to the inclusion of girls, boys and adolescents with disabilities
- Right to privacy
- Right to nationality
- Right to a social order
- Right to freedom of ethical convictions, thought, conscience, religion and culture
- Right to freedom of expression and access to information
- Right to freedom of thought
- Right to private property
- Right to protection of private property
- Right to health protection and social security
- Right to protection of the individual
- Right to legal certainty and due process
- Right to life, survival and development
- Right not to be discriminated against
- Right to take out insurance
- Right to asylum
- Right to participate in government
- Right to a life free of violence and to personal integrity
- Right to live in conditions of well-being and a healthy integral development
- Right to live as a family
- Right to rest and recreation
- Right of association and assembly
- Right to the presumption of innocence
- Right to recognition of legal personality
- Right of participation
- Right to circulate on public roads
- Right of priority
- Rights of immigrant children and adolescents
- Right to protection by law
Examples of current law
- Penal Code
- Agrarian rights
- Mining rights
- Civil Code
- Labor regulations
- Professional Code of Ethics
- Procedural code
- Commercial Code
Examples of objective and subjective law
- Licenses or permits to enable a business or company
- Commercial affairs regulations
- Road and transport regulations