What is inalienable?
We explain what is inalineable and the inalienable rights that exist. In addition, the mentions of this term in history.
What is inalienable?
The inalienable word comes from a Latin word that refers to something that cannot be alienated (that is, whose domain cannot be passed or transmitted from one individual to another). The inalienable, therefore, cannot be sold or assigned legally.
The word inalienable is a pure concept of law , from the Latin inalienabilis , and refers to those rights considered as fundamental ; which cannot be legitimately denied a person , since they are part of the essence of the same. Human rights are inalienable rights.
These types of rights, on the other hand, are inalienable. No subject can part with or dispense with them, not even of their own free will. For example, there is no voluntary slavery . A person cannot renounce his freedom and submit voluntarily to the mandates of another human being. Likewise, they are irrevocable and non-transferable between them.
The inalienable rights are inherent to the individual by the mere fact of belonging to the human species. This means that the form in which it is acquired is involuntary. From the moment in which an individual is born, he becomes a creditor of said rights and cannot be detached from them until the day of his death (that is, they are innate). And there is no possible legal order or punishment that can deprive you of these rights.
Other types of inalienable rights
Other inalienable rights are within human rights and are that of freedom, equality, fraternity and non-discrimination , which are fundamental rights and therefore, as already mentioned, they cannot be legitimately denied.
It is worth mentioning that they are considered fundamental for the normal development of an individual and consist of the ethical and moral basis that protects the dignity of people.
The Universal Declaration of Human Rights, which was adopted in 1948 by the United Nations Organization ( UN ), is the highest document that brings together all the inalienable rights that human beings hold. The result of the union of the aforementioned declaration with the international pacts agreed by the countries, was the International Charter of Human Rights.
Brief mention of the inalienable pure right
As it never hurts to remember these things, today, by way of example, we will transcribe articles 1 and 2 of the Human Rights that the United Nations approved and proclaimed on December 10, 1948 ; These articles include the basic principles on which the Rights are based: Freedom, equality, fraternity and non-discrimination.
- Article 1. All human beings are born free and equal in dignity and rights and, endowed as they are with reason and conscience, must behave fraternally with one another.
- Article 2. Everyone has the rights and freedoms proclaimed in this Declaration, without distinction of race, color, sex, language, religion, political opinion or any other nature, national or social origin, economic position, birth or any other condition .
Historical mention of the inalienable word
The Declaration of Independence also spoke of inalienable rights . It is said that, “all men are created equal, who are endowed by their Creator with certain inalienable rights such as life, freedom and the pursuit of happiness.”
“These rights cannot be subject to bartering away, or given away, or taken away, except as a punishment for crime, governments are instituted to, secure, not grant or create, these rights.”
The inalienable word in legal law
It is the word that has traditionally been used to underline the superior character of the first principles of legal axiology that determine the fundamental rights of man. It is said that these rights are “inalienable” in the sense that their validity does not depend on any chance of the human will, or of one’s own or that of others: Man has such rights, not because a legislator has granted them, but simply by virtue of his human condition.
Examples of its use and phrases
“It has been internationally recognized that victims of war, ethnic and religious conflicts have the same inalienable right to education as any other person.” In this phrase the inalienable word appears as one of the fundamental rights.
“In the assembly, the politician was categorical in stating that the election to choose who governs it is an inalienable right of every people.” In this example, it is used in the sense of a humanitarian right, that is, typical of all humanity.
“Finally, the Latin American country recognized the inalienable ownership of these lands to the indigenous community.” Here it applies to the recognition of a territory that belongs to a people for having belonged to their ancestors.
Without a doubt the inalienable word made and makes multiple sense. It depends on the context in which it is used that will emphasize one meaning or another.