The democratization of human rights and their observance with the Constitution
Introduction
From the universal publication of human rights recognized by the General Assembly in year 1.948, openly announced the idea of democracy stating that the decisions of the State will be the principle of power or mastery of authority, the publication determines the rights that are essential for efficient political intervention after its consensus, this has influenced the Creation of constitutions or systems and has obviously cooperated to the approval of democracy as a basic universal foundation or rule, then in 1993 the Vienna Assignment was admitted at the World Conference on Human Rights where interdependence was informed that coexist within of democracy and economic increase in conjunction with human rights, after this at the United Nations Summit (UN) related to the objectives of millennium development (MDG) in 2000, then at the Nations Summit United (UN) of the year 2005 the universal group revalidated its obligation and responsibility in the field with human rights giving to Knowing that a territory is a rule of law and democracy as fundamental and indivisible regulations of the structures. “Cerdas (1996) states that the primary guarantees of human rights – especially raising human rights to constitutional rank – a democratic State adopts human rights as a State policy and gives them a legitimacy that by itself contributes to strengtheningof your exercise.”(UNEMI)
The link or the existing link in the midst of democracy and human rights is even assigned by obeying the precept or contemporary political mandate and the domain of unquestionable political ideas, only as the way or style in which they have or understand or understandto man and to protect the rights that they possess, in such a way that the entire democratic organization or administration together contemplate their fundamental self-determinations and independence, democracies as such provides a method for defense or guarantee and the safe practice of theHuman rights. “Democracy is an ideal recognized worldconsecrates a multitude of political rights and civil freedoms on which significant democracies are based.”(United, S.F.)
Developing
The concept of a state of democratic law not only expresses respect for law, but also expresses the characteristics and mechanisms that constitute democracy. However, there are not only multiple democratic models, but also wide regulatory points of democratic models, therefore, there are also multiple options for the concept of democratic state.
Related to the analysis of the relationship between democracy and human rights is the way in which human rights guide and define democratic activities. For democracy and the rule of law, considering the inclusion of human rights, obviously enjoy privileges in human rights matters.
Most must be subtracted from power to suppress the power of the minority. For example, there may be a referendum to approve the death penalty or the mass deportation of undocumented immigrants, which will be democratic in a formal perspective;This can be done in accordance with the law, it will be effective in a formal perspective of legal norms or the rule of law. But in the perspective of the rule of substantive law that considers human rights and where to consider human rights, they cannot exist, they play an important role in democracy.
In this discussion, it is also worth mentioning the term constitutional law, which gives laws a moral connotation and prevents the adoption of laws that violate human rights. Thirdly, as discussed in the main section of guarantees, human rights enjoy privileges above democracy, because Congress, a democratically chosen body, is restricted in legislative actions against human rights.
It can be said that the formation of democratic countries and the adhesion to human rights are in themselves a phenomenon of globalization, although the phenomenon of globalization occurs mainly in the western world, now constitutes a large part of the political arrangements of the countriesModern.
The different phenomena of globalization of localism in economic, social, political and cultural aspects have an important impact on current human rights and democratic countries and the relationship between the two. A very obvious example is the impact of several aspects of economic globalization in the functions of democratic countries in the exercise of human rights. It is undeniable that these globalizations involve the flow of capital and commercial power, and these powers and commercial power have surpassed democratic countries as the current national system. Therefore, at least in terms of economic life, states lost their power to multinational companies.
The groups favored by this phenomenon always constitute the group of ‘Tres Nations Alliance’, namely multinational corporations, local capitalist elites and national bourgeoisie, in the same way, this accumulation of capital means in many cases a regression of economic rights,social and cultural, since neoliberal states favor more climate for business and investment than collective rights or the quality of work.
In this sense, it should be noted that, on the one hand, procedural democracy and representative democracy tend to freely enter the mechanisms and effects of economic globalization, because, on the one hand, the decision -making process is determined because groupsOf power they make decisions in an vertical direction, on the other hand, because representative democracy is based on liberal logic in liberal logic, only the moral equality of individuals is considered, while social asymmetry becomes invisible, on the other hand, on the other hand,Because there is little social participation especially the most disadvantaged groups.
Respect for human dignity guarantees individuals, the basic conditions of a better quality of life, this is how governments are organized throughout history, their rulers at the time made great efforts to sanction those who committed thatacts against violation of human rights, this caused many organizations in favor of the universal rights of each person, fight for several years to achieve the democratization of the projems.
From the Declaration of Human Rights, which occurred after World War II in the year of 1948, the international community directly influences the states that are part of the United Nations in the field of human rights, causing them to make ittheir governments protect the fundamental freedoms of people.
At present there is a principle of responsibility from the central government, towards its inhabitants in respect for human dignity, making them responsible for protecting their population in the different crimes that can undermine people, being the most common: war crimes, lesa humanity, forced disappearance, implementing the necessary mechanisms so that these practices disappear from their works (Torres, 2006) rivers responsible for enforcing the law, especially to the crimes of genocide, that our current regulations, already sanction this type ofpractices, with private liberty sentences.
The United Nations through their world leaders recognized the use of appropriate diplomatic means to protection the aforementioned crimes, expressing that, if any State breaches the international community through the Security Council, who are responsible for ensuring the safety of allStates will be favorably in democratization linked to human rights, a State will have in its objective political norms in defense and protection of people, obtaining the norm in human rights matters the highest range of constitutionality strengthening its supreme rule, with thisThe UN is demanding from each State that the mechanisms necessary for respect for human dignity are implemented in its content.
Democracy and human rights will always be related, in order that in every corner where there are people, human decency is respected, and international norms are implemented in human rights, so that representative and participatory democracy hasDifferent objectives, at the first point a person will represent us to the interests of the governed, respecting the legal certainty that governs us, as a second we have participatory democracy, at this point it indicates that we as citizens have the option of participating inThe different sections of a democratic government, with this it is structured the way the way is to choose their different political, economic, social and cultural systems.
Whenever there is democracy, rights will be present, in this way governments have a way to constitute a State, protecting the political and civil rights of its citizens, preserving the freedom of each person and even social organizations, implemented a solid democracy, allowing freedom and strengthening citizen participation in political sphere, seeking social equity, accessing the development of the people.
The insecurity of an unstructured society makes a state or its governments limit its participations in the different dignities of a country, in this way accumulating in one place the decisions that would still favor country, weakening the relations between government and governed, where themore vulnerable are discriminated against by their culture, religion, etc. Without being able to access and demonstrate their democratic guidelines. In the field of cultural policy, the State is obliged to promote all representative forms of culture of all social sectors that are part of a country.
At the 2005 World Summit, it is reaffirmed that democracy is a universal value, based on the freedom of a people, being interdependent and eachpromoting a rule of law, allowing participation in the construction of a state model promoting social justice.
Ecuador is a social state, where human rights are above the Constitution, making a free democracy of any type of pressure or government interest strengthened, strengthening the existence of a democratization that is linked to a political culture, with theEnd that the common good is sought, prioritizing the need for the most vulnerable and priority attention, structuring a methodology where the State must be at the service of its civil community, which must be active and responsible, demanding an equality towards all, respecting their ideologies.
This has had important consequences for human rights, since most of the war conflicts generate massive violations of human rights and imply suspension, when not destruction, many controls on the use of the power of the State. There have been few conflicts in America, so we don’t have to waste much time in this idea. However, it is worth considering that democracy does not seem to be what explains the relative absence of war in the region and that the "wars" that have occurred can be described plausibly as events that occur between constitutionally weak regimes (even restricteddemocratic), such as Bolivia and Paraguay, Peru and Ecuador.
Democracy and human rights have historically been treated as different phenomena and that still refer to different political spheres today: one refers to the organization of the government, another to the legal protection of the individual in their singularity;One more oriented to institutions that order public life, another to the legal order that guarantees individuals the minimum conditions of a dignified life;While the human term imposes naturally universal recognition, corresponding its regulation to international instances, democracy is necessarily limited to the internal scope of the states, since it is limited by the idea of sovereignty, the problem is still reinforced by the separation of bothThe issues to different scientific environments, one to the political sciences, another to the legal sciences, two areas that traditionally very little communicate ”. Cerdas (1996)
By incorporating the primary guarantees of human rights -especially raising human rights to constitutional rank -a democratic State adopts human rights as a State policy and gives them a legitimacy that by itself contributes to the strengthening of their exercise. Thus, it becomes more complicated for state agents openly violate human rights, which does happen when human rights discourse is not legitimized by public opinion. To this is added the experience of human rights, which consists in the way in which individuals make the discourse of human rights and use the different mechanisms to demand compliance.
An essential aspect of granting constitutional rank to human rights is that the Constitution becomes the guarantee of content of primary enforceability mechanisms, which prevent legislation contrary to human rights from being adopted. However, the constitutionalization of human rights implies some tension between democracy and human rights, since congresses, as democratically elected bodies, are limited in their work because laws must adhere to human rights.
Radical Democrats, such as Waldron and Dworkin, question that fundamental rights have to be constitutionalized, because that suggests a democratic restriction and a tyranny of the ancestors to whom we live today. However, as Salazar analyzes, the criticisms of radical democrats put more emphasis on the form than in the content, since paradoxically the restriction in legislative action, dictated by constitutionalized ethical principles, is what allows precisely the democratic life ofa country. Similarly, this contradiction between democracy and constitutionalized human rights is resolved because the Constitution has democratic validity as it was created by a constituent power.
In such a way that individualism is the foundation of the democracy of modern, of the rights of man and the emergence of the point of view of individuals or citizen in political science.
conclusion
“Democracy is an ideal recognized worldconsecrates a multitude of political rights and civil freedoms on which significant democracies are based.”(United, S.F.)
In accordance with the provisions of article 1.1 of the American Convention, “the duty of the States to respect and guarantee the rights and freedoms in it consecrated, there is regarding any person who is subject to their jurisdiction;paragraph 2 of that same article clarifies that person is every human being;This conceptualization of the person reaffirms the idea of the universality of human rights and the prohibition of discrimination, since the only condition to be the holder of the law is to have the quality of human being ”.
Ecuador is a social state, where human rights are above the Constitution, making a free democracy of any type of pressure or government interest strengthened, strengthening the existence of a democratization that is linked to a political culture, with theEnd that the common good is sought, prioritizing the need for the most vulnerable and priority attention, structuring a methodology where the State must be at the service of its civil community, which must be active and responsible, demanding an equality towards all, respecting their ideologies.
According to the one analyzed and studied in this essay we can realize that the democratization of human rights in the country is vital since all citizens are protected before any political, social, economic and cultural abuse, so that ourConstitution is mostly based on the guidelines of the Universal Declaration of Human Rights;As we can see in the title II section on the rights that all Ecuadorians enjoy.
We can conclude that, thanks to the constitutional rank granted to human rights in our country, all Ecuadorians enjoy a number of rights, benefits, which provide us peace, security and tranquility in order to live a dignified life and in harmony.
Bibliography
- Torres, a. OR. (2006). Democracy and human rights in Europe and Latin America. Madrid.
- Unemi. (s.F.). Virtual undergraduate. Obtained from https: // undergraduate.Unemi.Edu.EC/Mod/Assign/View.PHP?id = 146455
- United, n. (s.F.). Democracy. Obtained from https: // www.a.org/es/secions/issue-depth/democracy/index.HTML
- United, n. (s.F.). United Nations. Obtained from https: // www.a.org/es/secions/issue-depth/democracy/index.HTML
- United., N. (s.F.). The Universal Declaration of Human Rights. Obtained from https: // www.a.org/es/universal-declaration-human-right/
- Vega, v. (s.F.). Obtained from http: // repository.PUCE.Edu.EC/BITSTREAM/HANDLE/22000/5027/T-PUCE-5252.PDF?sequence = 1 & isalowed = y
- Velez, f. R. (2006). Political perverza security, democracy and human rights in Ecuador.
Leave feedback