The Individual Guarantees are all those questions of law that an individual from birth will enjoy and may demand that they be fulfilled and that have as their final objective the achievement of peace, harmony and order in the society in which they are in force. . They also have scope when it comes to ensuring peaceful coexistence between men who share and live in the same territory, in obtaining justice and social welfare and achieving the common good..
All individuals regardless of their race, nationality, sex, age, religious or political beliefs are owners of these guarantees from the moment they are born. Nothing and no one can violate them and in the meantime, it is the state that must safeguard that they are respected.
Among the individual guarantees we can cite that of working, circulating freely throughout the national territory, expressing opinions, professing a given cult and ensuring the privacy of correspondence.
The constitution, mother rule that contains the guarantees
The individual guarantees that each person has are found manifested in the national constitution of the Nation, which is the mother norm of all the norms and to which they all agree in some way, that is, they have a constitutional rank and are considered as fundamental in the political system that the corresponding constitution has duly founded. In other words, individual guarantees are constitutional rights. Meanwhile, their orientation is always in a positive direction towards human dignity. It should be noted that guarantees are essential for the development of political systems.
To national constitution is regarded as the supreme law of a state and it is she who will establish the organization, the functioning, the political structure and also the individual rights and guarantees of those who inhabit that state.
It is also the maximum document that allows one nation to be distinguished from another.
Since it is the mother law, as we said, any minor rule that opposes it may be declared unconstitutional since no law has the substantial importance that the national constitution holds.
Among the constitutional rights that grant individual guarantees are recognized fundamental or first generation rights, including those that concern the human being, while those called second generation are economic, social and cultural. In the third generation, the rights related to life are located in an optimal and harmonious environment.
Division of individual guarantees
The declaration of individual guarantees can be divided into several parts, which are composed of the rights of freedom, legal security, equality and property.
The guarantees of equality include: that every individual is equal before the law and that by case there should be no distinctions in this regard, in addition, they must enjoy the rights granted by the constitution, the prohibition of slavery from all points of view, all citizens will have the same rights without distinction, prohibition of noble titles and fueros.
Within the guarantees of freedom we find these three divisions: the freedoms inherent to the human person, the freedoms that correspond to the physical person and the freedoms of the people as regards the social plane. In this sense, it is recognized that the person is free to decide what lifestyle they want to lead, what they want to think or feel in political and religious matters.
Meanwhile, the guarantees of legal security will imply: the right to petition, the arrest of a person by the security forces only with a judicial order and the right to receive the administration of justice efficiently and effectively.
On the other hand, they also protect people from being disturbed in their private spaces without justification.
And finally, the guarantees that concern property hold that the lands and waters within a region correspond to the state, who will have the right to transfer them to individuals, resulting in damage to private property.
It should be noted that in some parts of the world individual guarantees may be suspended when there are scenarios of attack, external invasion or any other process that alters the peace. The decision of the suspension is in charge of the Executive Power in exercise.