Evolution and Classification of Fundamental Human Rights

Historical Milestones of Human Rights

1215: Magna Carta | 1679: Habeas Corpus | 1689: Bill of Rights | 1776: Virginia Declaration of Rights

First Generation: Emerging before the French Revolution, these represent the triumph of the people over political power. They establish that men are free and equal, focusing on civil and political rights.
Second Generation: Emerging after the Industrial Revolution, these rights focus on obtaining decent living conditions and addressing the social question, including the right to health.
Third Generation: These involve rights of social controversy and individual development, such as the right to live in a healthy environment.

Absolutist Theories: These suggest rights are inherent to the nature of man, and the State can only recognize them.
Relativistic Theories: These include positivism, utilitarianism, historicism, and consensualism.

Fundamental rights are inalienable, above the State, connatural, imprescriptible, universal, unwaivable, and inviolable.

Non-existence: Some argue collisions do not exist as rules are always complementary.
Self-limitation: If a conflict exists, the right must be self-limiting.
Weighting (Ponderación): All rights are equal, but their weight is determined immediately as appropriate to the specific case.
Harmonization: Rights must be given equal weight to achieve coexistence.

Moral Person: Created by human beings, it is the expression of rights and the importance of the right of association.
Person: All individuals of the human species, regardless of age, sex, strain, or condition.
Life: The force or internal activities through which a substantial being works (though this definition is often considered insufficient).
Appeal of Amparo: A legal right to protect personal freedom and personal safety.

Right to life, right to birth, right to physical and mental integrity, right to found a family, right to dispose of the body, right to privacy and honor, and the inviolability of the home and private communications.

Freedom of conscience, freedom of belief, freedom of religion, freedom of teaching and academic freedom, freedom of opinion and information, and the right to petition.

Equality in the exercise of rights and equality before justice, right to personal liberty and personal safety, equality in access to jobs and functions, equality before taxes and expenses, and the free exercise of rights.

Right to a clean environment, health law, right to education, right of assembly, association law, freedom of work, right to social security, and the right to organize.

Right to free economic activity and the right to self-purchase of goods, right not to be discriminated against by the authorities, property law, and the law on intellectual and artistic creations.