- Introduction
- Historical background and sources
- Civil human rights and political human rights
- Civil Human rights in Lebanon
- Civil Human rights in the world
- Civil Human rights as they should be
- Consequences
- Conclusion
1. Introduction
Human Civil Basic Personal Rights are the emanation modern philosophy and thought. This subject is almost linked commonly to Democracy and public freedoms and to general principles of human rights that emerged at the dawn of the Renaissance in the East and West face to temporal and religious powers and authorities. These principles were supported by philosophers and thinkers that lead to the French Revolution and to the Declaration of the Universal Declaration of human rights that were put in place by 1789 upon the revolution and declared by 1793 then adopted by the United Nations and inserted in Charter of the United Nations. Despite their tight link, we shall put aside the political Human Rights and concentrate our study on what we call the Essential Human Rights, or in other words THE CIVIL HUMAN RIGHTS.
In Lebanon And the Arab world, in the absence of a uniform civil law providing and supporting the principles of the Civil Rights of the individuals, as is the case in civil law in France, for example, we find a scatter here and there (In the Penal Code, the Code of Obligations and Contracts and in some of the personal status laws and other laws that deal with the rights of intellectual propriety, and environmental and consumer protection and Rights of people with special needs law for example) of material and Rules that grant part of these rights, or provide some protection or punish some offenses and violations. We shall study and revert to these laws in due course in this study and shall enlighten the role of the jurisprudence to fill this vacuum. The difference between having a specific civil rights and the actual situation shall be studied as well.
2. Historical background and sources
All philosopher and religions developed and deployed their effort to emanate core values and beliefs in view to establish a good society that can live in security and peace based on fundamental rights between human.
1) Human Rights in Buddhism: Buddha or Buddha means Hinduism prophetess and an open and brand. (duhkha and this belief is based on the principle key which is evil (duhkha) whether physically or psychologically. For Buddhism One should pass through different stage to attain the purity and final stage: the salvation (Nirvana) and promote the virtues and attain the eight examples (Nirvana). This stage is physical and moral. One must determine the evil and harm him occupied. The second fact relates to the identification of the source of this evil. . And that ignorance is the Buddha of human appetite and lead him to emerge from the three vices and evil are: greed and hatred and mistake (vipaka). And when he obtain the control of the eight virtues and opinion is right, good faith, the word good, proper physical activity, effort, naturally, the attention of the center, appropriate means of living, and focus my mind right (Marga). There are two ways to gain access to through these ideals (Marga) and (Yoga) i.e. meditation (meditation dhyana Or dhyana). And this is what he calls the Buddha teachings. It is clear that the teachings of Buddhism is based on behavioral humanity to attain the ethical rules.
2) Confucius philosophy and human rights: The Confucian saw the light at the hands of the Chinese thinker Kong fu Zi or K’ong-fou-Tsen that the Jesuits fathers translate it in Latin Confucius. This philosophy is based on the existence of a perfect human being (junzi) who has all the virtues and values (rem). Any person who desires to possess in order to salvation should believe in high ethical rules of Confucius and the balance of the community. Ethic is the base of the philosophy. Confucius attacked those who claim knowledge of astrology and the unseen metaphors of life and their ignorance of a lot of things: “You who know nothing of this life, what do you know about the unseen and death?”. He urged men to work and not only to think and analysis. The problems of humanity lies in everyone and solutions emerge from the will of men and his thought and action. Confucius says, “man sitting in front of the river and think, but the river does not stop, everything will continue to walk the water like this, nothing stops not at night and not during the day.”
In Buddhism as well as in Confucian rules No specific human rights are prescribed. However the teachings and the moral behavior and ethics directives and the will of the ideal man to lead to good society preserves the rights of its members.
3) Historical civilizations: Greek philosophers and thinkers headed by Aristotle and Plato and Cicerone and others illustrates logical values supported by Aristotle and ideals that represent the Plato and Cicerone. These Ideas and ethics shall have important effects on laws in Europe. And one cannot deny the Chart of Hammurabi that set some important rights and rules. Rome was the first empire to establish a Written legislation (jus civile).
4) Christianity and Human Rights: Since the spread of monotheistic religions the theology occupied a wide place between thinkers, theologians in the development of legal rules derived from the values of religious principles and teachings of God. For an amount of Christian searchers, Saint Augustine is the father of Christian thought and the author of canon law. He refers to the absolute will of the Divinity for the resolution of the affairs of the people and for solving their problems. He considers that the only law that may be applied is the will of God as expressed in his holly books and teachings. For Saint Augustine no rights are to be found outside the boundaries of holly books and teachings of the Lord (The Torah and the Bible). Human beings are the sons of Adam, whom God created in his image. Then, legal thought evolutes by some Christian thinkers who have been inspired by the logic of Aristotle transmitted to them by Averroes (Ibn Rushd), and created a school of legal status. The philosophy of John of Damascus was based on a combination of faith, relying at the same time on logic and rational insight in the analysis and discussion. The Arab-Islamic studies and thought affected and inspired all orient thinkers including Christian thinkers as well as Western, Their studies, scholars and philosophers, and science were transmitted to the West through translation into Latin, which was credited to the senior Arab Christian translators such as Hunayn ibn Ishaq and his son Ishac. And important number of important thinkers and philosophers and theologians (such as Albert le Grand, Saint Thomas, Albert Le Grand, Guillaume D’Occam, And Eckhart and others) followed Aristo Logic and adopted rules similar to the status of Roman laws emanating from the heavenly ethical principles. They Called for the adoption of reason and logic and to rely on human responsibility and intelligence in bringing solutions and edifying rights. St. Thomas Aquinas is considered the father of the written law school. This movement was followed by the Franciscan Guillom D’Occam, who founded the Franciscan Thought at the University of Oxford to lay the new foundations for the logical scientific thought that accommodated the rights of the human personality within the framework of positive law. This period was followed by an uprising by the theological protestation lead by Luther in Germany And Calvin in Geneva, And were accompanied and followed by religious massacres (the massacre of St. Barthelme in 1572). In due course some other legalists emerged and issued important legal principles such as Grotius and Pufendorf.
The period between the twelfth century and the sixteenth was characterized by considerable intellectual and sometimes bloody conflicts on the subject whether the religious or the civil authority should prevail.
5) Human Rights in Islam:
Islamic scholars and thinkers adopt in general this principle considering that God has created man in the best picture. The man was honored in the Qur’an in more than Sourat. “And have created the human in the best of molds” (fig 4). “Then He fashioned him and breathed into him of His Spirit” (Sura – 9). And preferred him to all other human beings: “And We have honored the sons of Adam and carried them on land and sea and provided them with good things and preferred them above many of those who created favorable” (Isra -70). They see as well that the Islamic faith establishes in the Qur’an and the Hadith some basic principles relating to certain rights, including: the right of the Life forbidding female infanticide, (bees 57- 58 57 to 58 ), The right to equality (Stone 85) and (Kneeling 22) and (closets 13), And justice and this is reflected in giving women rights equal to men that were not present and by having a human presence and legal and financial independence (Table 8 ), The right to freedom of thought (The Cow 256), and kafiroun 6) and (Bee 125), The right of personal freedom as Khalifa Omar said, the right to dignity and respect for this includes the supply and biography, (the Nour 19) And (Isra 70), And the immunity of homes and (Light 27 – 28) The right to knowledge and teaching as stated in the Hadith,
It should be noted that as from the seventh century the Islamic intellectual activity showed a struggle between the supporters of the idea of self-reference and will and those who believe that the divine principle of God and right to dispose of his creatures should prevail, in other words between fatalists and determinists. Then the evolution of thought since the dawn of this century with Arab Scientists and philosophers such as Mootazala, Ibn Arabi, Miskaweyh, Al-Ghazali, Al-Farabi, Nasir al-Din al-Tusi and Alkharstani and most notably Averroes (Ibn Rushd) who is considered the father of intellectual rational renaissance and the transmitter of the logic of Aristotle to the world. These philosophers based their studies on the will of man and freedom of action and the intelligence of human been. Without doubt the Arab Thought and Islamic witnessed important development since 661 until the beginning of the fourteenth century. The transmission of Arab-Islamic civilization was facilitated by the movement of existing trade between the East and the Arab Emirate and southern Italy and Andalusia.
Alike the conflict between the intelligentsia and the religious authorities in the Christian areas the Islamic Khalifa faced the same quarrel but not at the same intensity and equal differences. In Fact the Sultan or Islamic Caliph or Prince were ruling in the name of religion and that the latter were funding religious scholars and guiding them in most cases. The temporal authority was in the same time the legal and religious one. The Caliph was ruling in the name of Islam religious as well as civil affairs of citizens.
3. Civil human rights and political human rights
The actual difference between the political human rights and the civil human rights are that the first one relate to the exercise by the citizen individually and collectively of their political rights related to liberties, freedom of expression (press, demonstration, TV, strike etc..), democracy and rotation of governments by free elections. Government are subject to continuous control by representative of the population (deputies) as well as by the citizen who should have the right to complain and protest and sue the administration for any abuse. They relate to constitution and administrative law and criminal law and other laws in relation to freedom and liberties.
As far as Civil Human Rights, they relate to humans individually as human been. They concern their intimate life, their body, their security etc.. these rights are or should be protected by civil and administrative laws related to the protection of their persons and their individual rights as we may notice later.
4. Civil Human rights in Lebanon
The Lebanese laws and legislations to date derive from the theological principle current in that sense that all legislations are inspired from religious Moralities and ethics. but it belongs to the Romano-Germanic system or what we can call the civil written system in that sense that all the legislation is written. in other words, it belongs to the second school of law of thought in terms of values, it was translated to the divine status of legal rules inspired by the written rules and sometimes religious principles of a mixed phase (Roman-Germanic law is written). Hence the Lebanese law, which dates back from the era of the French mandate (and is influenced as well by the former provisions of Majalla – Ottoman legislation) with some modifications that were brought over the years, does not constitute in terms of man’s human Rights a “civil Code. We can find here and there some basic legislation such as: Law on the Personal Status (both for the Islamic and non-Mohammadi) and the Code of Obligations and Contracts that form the basic civil code in Lebanon. but one may notice the absence in Lebanese legislation of general principles or dispositions related to the protection of citizens as it is the case in declaration of human rights and particularly in the Chart of human Rights adopted by the European and inserted in French law (Articles 9 and 16 of the Civil Code) and applied by European and French jurisprudence.
This does not mean that in Lebanon there is total vacuum and a jungle. In fact there are some rules of protectionism. Needless to say that the Lebanese constitution in its first article, paragraph c protects freedom of belief and thought, and other political freedoms. And Article I of the Code of Obligations and Contracts the obligation as “a legal relation to make a person or several people, or legal persons debtor toward another person or persons qualified as creditors. it result a general right from the debtor in favor of the creditor. we may conclude from this definition that the Lebanese law looks at the Lebanese civil subjects and their relations in terms of obligations and not from the standpoint of personal rights.
From other side, the Penal Code, punishes the any aggression against the persons and preventing them from exercising their rights (Article 329), and the attempt to liberty (Article 367) and to the sanctity of homes (Article 370 and 571) and rubbery and theft (Article 635), and the defamation (Article 385 and 582), and women aggressions and rape (Article 530 and what follows), and all kind of attempts and aggressions on the body and murder (Article 547 and following), and the sequestration and deprivation of liberty (Article 569) and the attempt to the sanctity of graves and to the dead (Article 478 and what followed), and the attempts on the freedom of minors in marriage (Article 483), and the disclosure of secrets (Article 571).
However Lebanese legislator has issued some scattered laws dealing with some of the civil rights such as law 220/2000 on the rights of people with special needs (disabilities), and Law 659/2005 on consumer protection (with a note that Article 17 of this law excludes some free profession banks and insurance companies), and Law 720/1998 relative to the establishment of women’s concern and their rights, and Law 75/1999 on the protection of intellectual and artistic property and the law 240/2000 on patents. There are some articles in Labor Code prohibiting the employment of children and obliges the employer to observe special care for women in working hours and prohibits contraction for lifetime. Furthermore, Lebanon has signed a number of international treaties that deal in one way or another with some basic rights as a treaty of the United Nations in 1998 on the prevention of trafficking in persons, especially of a child, women, and the Treaty of Discrimination against Women in 1996, the Treaty of protection in 2004 and other.
But as we mentioned above there is no basic law that respects the public order and preserves the rights of individuals and voids each contract or relationship, or practice conflicting with these rights because they are in contradiction with the fundamental principles and human rights, and expose its author and the offender to prosecution. And the actual legal dispositions are not characterized as civil comprehensive and do lead automatically to compensation and indemnities.
What the problem with actual legislation?
The difference between a Statute of Right and the actual system of obligations and responsibility is very subtle and it is not obvious for general public and for the accuracy of non-professionals. In fact the actual system is coercive nature, and Lebanese laws are designed to punish the author and the responsible for what he has done. This systems is based on a fundamental principle of penalties for acts prohibited, and that no offense without a text and no punishment without a crime. It does not provide rules of human rights that entitle citizens to invoke them and relied upon for claiming any right because of any attempt or harm caused to them. According to the prevailing legislation the harmed person should file a complaint (in the frame of the penal or civil responsibility) and request for indemnity and compensation if the offender caused direct injury. but the filing of civil liability case for damage caused within the framework of civil responsibility and this should accompanied with two conditions: First, a culture of citizenship to choose the proper legal way and means to obtain the due outside the framework of direct sanctions, which recognizes the public prosecution bodies and accusatory, and the second is that the damage is recognized by law and diligent criminal act outside the framework and its sanctions. Because there are acts which lead to serious damage, at least physically and require compensation without being subject to penal sanctions: for example, the liability arising out from errors and medical staff and from some professional persons and for self-employed because of negligence or error. Also falls within this category of responsibility the state liability and the excess of power and freedom privation and other practices. In counterpart we miss in Lebanese legislation an amount provisions related to certain rights: for example, his right to his reputation and his curriculum and his history. And here, and unfortunately there is no text that protects this right. If any person complaints from any deformation of his past he has no protection unless he put it in a written form in a book or document or documented and he deposits in accordance with Law No. 75 relative to intellectual propriety to prove him right. In this case only he is protected from any deformation or misuse, in that case resulted he can file a civil case depending on type of business relationship, or penal prosecution (in case of fraud and abuse). Furthermore there is no provision that protects the persons’ name and professional reputation and their rights for marriage, for example. That is the reasons we need To have the fundamental rights of citizens included in law explicitly to protect the rights, so the access to justice for this purpose will be much easier, and to prevent any attempt and to impeach the perpetrator from the temptation and, mainly for the establishment of personal damage and harm and the responsibility and their compensatory consequences.
2) the role of Lebanese doctrine and jurisprudence
In the absence of explicit legal provisions, the doctrine and jurisprudence, inspired by religious principles and obvious human moralities and inspired from French jurisprudence developed a number of fundamental rights, In addition to the physical damage that results from direct attempts within the framework of the theory of contractual liability or due to intentional error or negligence, has issued a range of positions and interpretations and adopted some compensation for moral harm as a result of individual committed errors: For example, professional errors. What are the rights recognized by doctrine and jurisprudence, and what are their sources of law?
It has been raised cases related to medical error and doctors’ responsibilities for mistakes. And there is a quasi unanimity that the responsibility of the medical corpus is tortious or contractual and based on that his responsibility results from his obligation of means and not of result. In 1994 it has been issued the principle of medical ethics and professional responsibility containing the organization the medical profession in Lebanon concerning the principles of Socrates. In Other side we notice several laws organizing some professions and Bars and their internal rules such as Bar lawyer Association, for example, that impose on professional some ethics and behavioral conditions in their relationships with their customers and with each other in the exercise of their professions. And in our analysis of these systems and practice conditions, as provided, and despite the contradiction with the provisions of Article 17 of the Consumer Protection Act referred to above, we conclude that they are based on the contractual tort and professional ethics for the protection of customer rights when he is claiming for any rights or suing for any responsibility. While basic civil rights emanates from a fundamental principle and right which is absolute and connected to any human being and any citizen as a consumer to obtain a fair and transparent service and care and the right of his protection and his body. Therefore to fill this gap, the Lebanese jurisprudence, inspired from French jurisprudence and humanitarian principles and religious values and ethics instituted the foundations of rules and principles that it dedicated and applied in certain cases related to individual rights, basing its legal interpretation on the text of Articles 134 and 263 of the Code of Obligations and Contracts that allow the possibility to rely moral damage and harm to condemn the author for indemnity. And the Doctrine view that this requirement in the field of contractual liability also applies in tort because the legal texts complement each other. moral damage was defined as “the harm done to non tangible human means or to his sense or his feelings or his propriety or himself or his familiar or social situation or professional environment that has psychological harm or pain or bad feeling”.
Once again we note that this moral damage does not result from prejudice to basic rights, but from the course of contractual or tort responsibility.
What are the rights that jurisprudence consecrated indirectly in the course of his handling of the harm and moral damage?
– The right of human over his body and his image: a Single artist injured in her body and her face leading to permanent deformation affecting her musical and artistic career in gives her right to compensation for moral and material harm she suffered.
– The right of the child to dignity and equality: the right to illegitimate daughter, the fruit of illicit cohabitation outside marriage, to claim from her father compensation for damage caused to her and the rights she missed as illegitimate daughter and the social harm she suffered because of her special status in this environment that Caused to her psychological harm and pain which are accompanying her for life.
– Also the right for a father to his daughter and her lover to sues for shame they she caused to him because she delivered her body illicitly to others and its surrender to a foreigner before the age of emancipation.
– The right to reputation and brand name: a court sentenced one of the banks for compensation to a client for moral compensation due to delay in opening the letter of credit and transfer of funds to a foreign bank at the time this customer have withdrawn checks on this foreign bank because he thought that fund were transferred, consequently he was exposed to have his checks returned without provisions, and his reputation and the confidence of his customers lost and affected causing significant harm to him and his reputation damaged.
– The right to security and peace of mind: the injury and human pain and deep saddened and moral effect as a result of loosing someone close and to be deprived from his love and compassion and his material and moral support condemn the responsible actor for compensation in favor the harmed party for negligence or omission or error.
– The right to joy of life: Jurisprudence decided in more than case for compensation for physical or moral damage caused by the deprivation of the pleasures of life. Such as sportsman, who is prohibited from the practicing his profession or hobby. And this does not concern the physical deprivation and disability damage only, but it affects the damage for the mental, intellectual and psychological harms.
– The parents’ right to compensation for moral damage resulting from their view of the physical damaged View caused to their son, as well as their right to compensation for grievances and sorrow and shock for the repeated daily watching of their son inability and dependence. This right is independent of the right to compensation due to the injured son for physical and moral damage impact caused to him and to his body directly.
– The right of relatives of legitimate moral compensation claim for harm resulting from their deep sadness and grief because of an injury caused by an accident lead to body deformation and distortion that would require compassion.
– The right of the injured woman’s husband for moral compensation because of her face disfigurations further to an accident by the independently from the compensation due for the injured wife.
– the instauration of the right for moral compensation for relatives affected by moral damages caused by the pain they suffered by the relatives of the injured related person, whether the accident has led to the death or not.
– The right of human over his body and his intimacy: every act that occurs on other’s intimacy and would scratch their emotions and decency, and all acts that affect the integrity or touch any parts of the body without having the character of obscenity and without touching the sensitive parts, are considered scandalous or contrary to decency.
According to Article 134 (obligations and contracts) one should take into consideration moral damage and material damage as well. Judge may take into consideration the tight relation and mind of love between the claimer of compensation and the injured person as well as their parental link. close parents, legal successors and heirs are entitled to claim compensation for moral and physical harm they suffered for the death of the accidental person because others’ tort.
General conclusion: these judicial decisions have an import defects and miss a substantial objective related to the substance of the matter we are dealing with and not the essence and basis of decisions issued in itself. Some of these rights referred to in the course of the judgment were invoked not as fundamental rights but indirectly in terms of compensation for damage caused by the prejudice of some of them. In the cases exposed before the jurisprudence the judges brought remedial action to compensate the victims for criminal or civil actions perpetrated against the victims. While our aim is to search for a preventive action through the instauration of basic rights and preventing the damage by the knowledge of the citizen and the eligibility of these rights, first, and the possibility of a citizen, and after him, the owners of rights arising out of it, to the legal and judiciary action to prevent the occurrence of the damage and to prevent infringement. In addition to the lack of inclusion of a number of civil rights in national laws, as noted above in principle, that the difference between the inclusion of these rights in civil law as rules of public order because they are this rules constitutes foundation of protection of the individual and the citizen, is that we in the legal system currently applied compensation for the damage to physical or moral act are due only after the occurrence of the action or the fact, whether contractual or tort. The damage would have caused, and the victim should prove the causality between the fact and the action and the harm and the compensation. for example, in case of violation of personal secrecy or attempt to reputation, the victim should proves the incident or the attempt and their impact or that he has a contractual relation or penalty and that all of what is supporting is supported by documented or facts. While in the case of a human rights his reputation is preserved without need of any other procedure. no violation or publication can be processed without his approval. Briefly that the presence of rights is a proactive and preventive, while the current situation is therapeutic. the inclusion of Civil Human Rights in the Lebanese Law changes the done and make Lebanese citizen and administration more responsible toward each other and respectful of their mutual rights.
5. Civil Human rights in the world
Civil laws: But the intellectual development and the intellectual movements of the Renaissance, as previously noted, regardless of different historical sources, led to the consecration of human Humanitarian Individual Basic In. A group of al-Shara and international conventions mention the most important of the Universal Declaration of Human Rights of 1948, Convention on International against the crimes of genocide, racism, 1948, the International Convention of 1966 against all Forms of Racial Discrimination, the International Bill of Rights, Economic, Social and Cultural Rights of 1966, the 1980 Convention relating to abolition of all forms of Discrimination against Women, the 1984 Convention on the prevention of all kinds of torture and inhumane treatment, the European Convention on Human Rights of 1950 and accessories, the Islamic Declaration of Human Rights, which announced on 19/9/1981 before the General Commission for UNESCO at the initiative of gathering the Muslims of France. And may Introduced Most of these principles In the legislation of the Countries Courts that have been Control which is exposed when any person resident in its territory for any attack on his person and his fundamental rights (Lebanon ratified some of them) .. And what these rights has been evolving and growing with the evolution of time and the needs of the individual citizen general, technical development, scientific, social, economic and political. And these principles emerged from a group of public and private legislation in a number of States that have translated the Bill of Right And S World and European rights to national laws, I memorized the basic human rights to the citizen called the civil laws. For this we will examine in what those rights and its elements.
6. Civil Human rights as they should be
Nature and description of project of Personal Civil Human Rights elements:
These rights can be defined simply as: “the fundamental natural rights without which we cannot live as human beings”. They are composed by material and moral elements that accompany the human since his birth until after his death. The material or physical elements are: the body. This element leads to a serial of rights inherent to the protection and the safeguard of the body. The moral elements are what they may cause moral harm and damage to directly or indirectly to the person or to his family or to his position in the society such as his reputation.
The inclusion of these rights in a Civil unified legal system reinforce the position of the individual and the person vesus all kind of offenses and aggressions and makes any infringement of his rights indeed, administrative, contractual or personal void because it opposes a fundamental right (public order). That what it constitutes therefore an important protective effect of these rights in conformity with the spirit of the Constitution and International Treaties and conventions signed by Lebanon. and not the effect of Therapeutic. After you get the damage because he is not entitled to take the privacy and rights of the individual without his consent, and thus contrary to the curative procedure that is applicable actually as explained above.
Therefore, we propose to include these rights in articles of a Civil Law or to be integrated with some of the relevant laws: As follows:
1) Rights to life: This right includes the right to normal life and relief, child right to normal birth and what all ramifications to this public right for protecting human life. It includes and prevents any attempt on fetus in his mother’s uterus, which would entail the inadmissibility of abortion except in medically or ethically justified cases, and with respect for mother’s acceptance.
2) Rights to civil rights: These rights are consequent to citizenship and to enjoy all constitutional and civil rights including the right nationality, to ownership, marriage, filiations and inheritance, and all related rights.
3) Rights to justice and equality between citizens before the law, The confirmation of the principle that the citizen is innocent until proven guilty: the consequences of this right is that no person can be arrested arbitrary and only in specific cases set forth in the law only and for a reasonable period. Any abuse should lead to compensation for abusive detention. It means also the right for each citizen to be defended before the national justice fairly, fast and free, as stipulated in the Procedure Code.
4) Right to a Name: The name of the Person (whether the family name or full name or nickname technical name related to the individual or to his family or to his social or commercial and professional status) represents a value and an importance in his life and after his death and to his legal successors.
5) Rights on The body: The subject of human body rights includes various issues and ramifications, including the human right to dispose freely of the body without exposing its physical integrity, and avoiding exposing themselves to punishable acts by Penal Code and International Treaties. And consequent sub-set of rights. I will resume the main points covered by this issue as follow:
– The right of the person to dispose freely of his body without hurting others.
– The Right of protection of the body and prevention from all kind of abuse: (psychological torture) hurt, beaten, sexual abuse, mutilation in any manner or method where ever it comes from (individuals or authorities). This includes prevention and prohibition of beatings suffered by the children and employees of all kind and students in schools and working people in certain professions as well as psychological harassment. This prohibition also includes the private or public authorities by forbidding then from exercising psychological pressure and torture at work (psychological harassment ) to push an employee to commit error or to leave work, and as well as includes the exploitation and manipulation for obtaining physical indecent concessions etc…
– Prevention of human freedom from unlawful or arbitrary capture or apprehension or seizure by way of physical detention (even under the law).
– Prohibition of making any experiments on human body without the explicit consent of the owner or his legal successors and within permissions defined by the law.
– Prevention the sale and commerce of humans organs, and a law to be promulgated to determine the conditions of organ’s donation
– Protection of citizen’s health against Smoking and use of contraband.
– General Rights to Health insurance and serious medical care and affordable medicines, in other words (general health security). As consequence the responsibility of the medical profession in general and specially in the hospital shall be reviewed, mainly in emergency cases (taking into account the principle of responsibility medical core and its legal limits). Adding that these Rights shall change the responsibility between the pharmacy and the citizen
– instituting an elder insurance or retirement insurance allowing retired and aging population to get a decent pension for life.
6) Right to his own image: This right includes the protection of any person’s moral and physical image (body). As an example it is not entitled to film anybody without his consent. Actually everybody is pictured in public, therefore it is not entitled to use this picture for any reason, And this right in relation to human in his life and after his death as well. Therefore it is not entitled to film the body of a deceased without the consent of the family.
7) Rights to dignity and reputation: the reputation of any person and his dignity are built across the days, and every human being hold his own history and biography that he made up with the time. Some background relates to his fathers and grandfathers and constitutes for him a significant capital and legacy and heritage as well as for the community. The right of protection of this legacy and this history should be protected from any attack and any deformation. This right last after the death of his holder and should not be entitled to any exposure and abuse.
8) Right to education: This right is linked to the principle of mandatory education (primary, at least) and the right of every citizen to have a place at schools and national universities that deserves high level of education and equality for all citizens.
9) Right to inviolability of personal ownership: The individual property is protected by the Constitution, Laws. Unfortunately there are violation to this right by citizen who disrespect the privacy and the properties of other. Lebanese law should be enforced to speed the implementation of judicial rulings to this regard. It is regrettable that crimes occur because of infringements on personal property perpetrated by some ignorant people to resolve disputes.
10) Right to individual freedom and personal privacy:
– This right relates first to the free will of the person and do not force him to take or not take a decision.
– This right means also the prohibition to access to personal and individual information (data). This includes the protection of his personal environment such his home, his car, his possessions, his work, his communication network.
– This right forbids any institution to hold a data or to maintain information related to any human being without his consent. Any authorities or body or establishment of any kind that hold registered information (social security, telephone, electricity, public security, etc.) should send copy to the concerned person yearly to enable him to review audit, and correct such information. This includes the prohibition to sell or trading with this information without the consent of the concerned Party.
– With the expansion of the network it must be stressed on the need to preserve the privacy of personal information. It is unfortunate to notice a progressive culture of disregard and disrespect for of this subject by displaying the particularities and private data on magazines and newspapers and network sites.
11) Right to death immunity violation: These right deals with the right to any dead person for decent prayer, and to be buried with dignity. This includes the respect of his sepulture and tomb after death. From second part, one should prevent encroachment on the sanctity of the body or the burial of the deceased.
12) Right to free belief and expression: This principle is declared in the Chart of Human Rights and protected by the Lebanese Constitution and deals with thought, belief and expression freedom, without prejudice to other of opinion, belief. Address and overcome all religious taboos outside the framework of scientific analytical, writing, and all dealing with the private life or biography or a distortion of history is a threat to peace and a national offend and slander and defamation and distortion of the facts. This Right has several sub-set of rights: freedom of the press and audio-visual, freedom of broadcast, free expression on internet, freedom of assembly and expression, freedom of association, freedom of movie, freedom of demonstration, freedom of strike, freedom of education with respect of unity, Right to difference, taking into account the respect of private individual rights and personal inviolability.
13) Right to labor equality of chance and Administrative formalities: although the Constitution considers that citizens are equal in rights and duties, the Lebanese law did not fill some gaps and requirements in spite of the existence of some dispositions in Labor Law relative to equality between men and women. However, some population with special needs are in need of special formalities and equipment to allow them to live decently. The Law 220/2000 is an important step in this direction but it is still incomplete and suffers lack of implementation procedure. Therefore the inclusion of the principle of equality between all citizens of all religions, ethnic, sexual, intellectual and physical needs institute an important Right and saves the owner the right to live in dignity. Furthermore this right entails the abolition of religious, sectarian affiliation sectarianism.
14) Right to live in Social stability: This includes the right of the citizen as a consumer and to implement a number of topics related to his safety. The most important of these rights are:
– The housing right: It is our pretention here that every citizen should own a house and therefore that the state has to do so, although I wish I it is the case. The aim is to tend to put the right in that any homeless human being has as a fundamental principle, that the State and society include the possibilities of securing and or ensuring a decent home and residence for every citizen. In fact the reality is different; in the Lebanese Liberal regime one should make a social and economic balance between the rights of constitutional, economic logic and the rights of citizens owning properties, and rental at logical reasonable prices in line with the reality of the financial market and social situation of lessees. This balance between apartments’ rent and the evolution of prices should be paralleled with the development of wage rates and inflation.
– The right to consumer protection: The citizen is the consumer at all levels. It is a daily consumer of his basic needs first, and therefore there is no law to protect consumer is not intended to control Producers and Traders and punished just as is the case currently, but in considering the security of Citizen Food and housing And daily and integrity (and clothing Ashlake Daily) is a fundamental right . And each violation of the basic specifications relating to its security and integrity are fundamental breach does not display the violator to prosecution by the competent authorities, but also give the citizen the right to take on the status of the claim personal against him. And the citizen in addition to the consumption of food is the buyer of household products and personal and mechanisms and vehicles and materials and the like of things you can count and a population of second, and therefore the safety and security and rights of the material and safeguards that must be accompanied by some of the items sold, must be safeguarded by the law of consumer protection as the last original owner of a personal right.. In addition to this citizen that would insure his life and to borrow money and to buy tools and materials and machines in installments and to contract for the purchase of housing units, etc. And here we see a the Law Present No Protected (excluding Article 17 of the Consumer Protection Act of banks and insurance companies and professional bodies). And it must be to protect the security and safety of citizens for the physical and moral and financial of any abuse and exploitation and deceit and injustice and of being forced to sign contracts not about him and he has had no power and are often unaware of its contents, and protect it from any financial damage or physical or mental result is, above all else. This includes the right to be protected also from false advertising and propaganda is Asahhristih and designed to influence the will of the citizen and consumer in T sound and in fact contrary to the thing and the service to be promoted and sold. – The human right to food (food security), and follows, and a confirmation of the above, the human right to a sound diet free of fraud and subject to the health and technical specifications recognized it. And subject to legislation on the fight against fraud in Lebanon to monitor the Ministry of Economy.. May help the citizen and the betrayal of misconduct or dealer to sell materials to a corrupt or progress of a complaint with the relevant authorities in the prosecution of the perpetrator. And But Lebanese citizens feel in most of these The case he “destroy a house.” But when he feels That exercise the right key Food security is held in the attack against him by other corrupt Valmqarbh vary.. And it must include the Consumer Protection Act of food within the food item right of the citizen. Right to the protection of the environment: The spread of the Lesion Various forms of environmental Agricultural and Hrchia And Residential and on the roads and in the shops and Through the sale of tools and Materials do not include the specifications and environmental protectionism Maintenance The citizen to pay us for a claim to the development of legislation and stricter application of the protection To Of the wealth of Natural And The Climate and safety The citizens of and their security. The consecration of this principle of fundamental rights and ensure their application makes the citizen to apply them as a major rights more effectively.
15) The right to security and General Safety: And will not linger in the presentation of this right, which deals with public safety and security of homes, especially on the roads and rights of this intuitive and various associations working with the Ministry of the Interior to formulate the law of progress “talk And modern “We hope that Preserves the rights and priorities. This includes the right to claim the possibility of the citizen and the state or institutions, or contractors for the material damage and moral damage resulting from its Aaltgosair and or And to neglect or error in the implementation or non-implementation of works or intuitive safety measures (such as placing signs on the road safety or the protection of a hole, etc. … ) This topic also includes the right of citizens to protect civilian (by bringing Almim) the existence of any fire trucks and ambulances and civil defense advanced in each district and the city, and plans need to provide information by the public authority to prevent the risk of natural disasters to differ. And result in the availability of this right is not to punish the aggressors and thieves yet for misdemeanor or felony or traffic accident, but the prosecution of negligent officials to demonstrate the responsibility and subsequent leveling off.
16) Right of the citizen towards the administration. The State or the Department are found for the service of the people and not vice versa. Therefore the citizen has the Right to expect from the State and the Administration a transparent, fast and optimal service within a framework of governance and the minimum of the cost. In addition, the citizen must be kept free from any abuse and bypass by reducing the power and the abuses practiced by others. The incertion of this Right in law leads to the empowerment of the citizen against the trend of any officer who may abuse of his power and authority to infringe on the rights and citizen interests. It allows the citizen to pursue the Administration and officers for misconduct and negligence.
17) Right to intellectual literary, artistic and scientific propriety: Further to the expansion of scientific, technical, literary and artistic productions and further to the expansion of communications cosmic network and the multiplicity of international treaties that protect intellectual property (industrial and inventions, etc.) laws protecting intellectual property in Lebanon and applicable procedures need to be reviewed, adding that the consumer does not find its protection through these laws. Therefore related laws must be updated so both producer and thinker and inventor and manufacturer and the consumer are fairly protected.
18) Right to culture: With the development of means of publishing and media and culture, one is a prisoner of media-oriented culture and all kind of controlled tangible and non tangible medias, and is influenced by media beyond his capacity of the setting and choice. The individual in most cases relay on what is provided by internet and phones and laptops only which is a witness to the contemporary culture that carry morsels of targeted information that leads to brainwash of public and young people who lack knowledge, references and to well-known and documented and controlled scientific and subjective information. This right allows the citizen the right to protection of the law against all arbitrariness in modulating the stated objective facts to the public of all public means.
7. Consequences: human rights and laicity
Addressing the issue of fundamental human rights, and in view of the historical narrative of the above, poses problematic:
* The first problem. And fundamentalist literature cannot be bypassed back to the causes of oppression and persecution, which led to an asylum claim rights to the rights of humanity apart from religious values and social mainstream. The question that imposes itself: Can the conclusion of science history that religion is contrary to basic civil rights of man? And is that legal principles are absolute moral philosophical Principles As mentioned Aristotle? And you can talk about human rights principles and values apart from religion? Or in other words you contradict with religion?
*The second problem is related to an executive of any move away the people of the literature values and the ideal behavior for the principles that call for them, as happened with the clergy and revolutions and immersion in the maze of power and oppressive results. Are the principles of human rights is a kind of ideal or utopia? To return to the principles, values and religious teachings referred to above on the different affiliations, we conclude to say that religions preserved human right in one way or another. (ethics The morals or values (ethics) (ethos Derived from the Greek (ethos of the Latin (ethicus) And which has beliefs and Eastern Philosophy Greek flaunt it and do not match the published values and morality that preached by the prophets and apostles in the monotheistic religions of the worldly and religious practices which called it. The conflict does not exist between religion and philosophy or between religion and ethics at all. The values are the rules of the theory and process that allows thinking about the foundations of ethical practice (axiology). Marriage is the logical thinkers who combine Oriental and Western religious and Greek philosophers and legal and ethical principles from which the best proof of that. In our opinion and does not need to engage here in a maze Find the eligibility of faith and logic in the subject of human rights. Valhermeh here is useful because the two issues go hand in hand writes Mohammed Arkoun.. The base inventory of the Promotion of Virtue and Prevention of Vice religious affairs worship God back in our opinion to explain the radical jurisprudential launched by Imam Ibn Hanbal and stick with it some of his followers, such as Ibn Taymiyya and Jawzi and Abu al-Hasan al-Ash’ari and other contemporary thinkers may have substantive grounds at the time. But to this rule, a logical interpretation of behavioral my values (ethos) Beyond the religious boundaries that have been interpreted to include the transactions and practices in human social relations in everyday community members and community. The development of rules and rights and duties derived from the duties of man to man leads to a society based on ethical values and principles of the ideal of honor that defines the rights of the individual and his behavior toward another individual. The more the adoption of many religious discourse as understood by the mind of the provisions of the increased value of the likelihood of mental health provision for all those provisions. And if we realized that God has sent prophets and messengers to inform people of the religion and its values, can be detected and what governs the matching between the mind and what it governs by religion. And when we conclude match between their values in terms of that rule by the one called for by the other, it indicates that the exclusion for accident, and must be a rule of reason is the rule of sane human right is absolutely not incompatible with the right values and morals advocated by the religions. And may stimulate some of the thinkers of the importance of this rule and its universality, and not be confined to religious matters only, and have studied its extension distinct from the historical and social anthropology and in the memory of oriental society (M Cook). So why search if the principles of human rights within the framework of an independent civil law (some like the launch of the term “secular”, noting that this expression does not mean Atheistic, but never means that it is not subject to the authority of The clergy)? The quick return to the date of the Orient and Morocco disclose to us about the causes of conflict between the advocates of human rights and the absolute religious and temporal powers.. Since the spread of religious invitations, and since the people believe that the heavenly teachings, the path veered the exercise of power “civil religion” to become institutions that have their origins and their subjects Ataaqbon to practice in ways that do not are often religious and moral values. . And Pat clerics trapped in their person the faith and religious authorities have become mundane any Lifton and rule among the people and act and have Bmekdrathm. And evolve to become the absolute authority and the public is made up of people feeling frustrated because of the oppression and injustice and abuse that has been practiced in many of the cases against them. In Rome, the Popes are become the power to impose its will on the kings and feudalism, individuals, and what the resulting conflicts and disagreements and splits and wars. Religious difference and spread of Dominicans and Franciscans to the Jesuits and others in most parts of Europe and the places where Tamodat in the service of the Christian message and help people and the needy. And but soon deviated from the objectives which it was created and turned into an instrument of exploitation and oppression. . Committed follies and church historical mention the most important of those obtained with the world Galileo. Was not Luther’s revolution on the instruments of the indulgences? . And has not escaped this scene from the Muslim East, where limited to the absolute power in the hands of the prince or sultan or the caliph (or his entourage, according to his personality), where the power was transmitted most often by inheritance or by illegal means and in any case in a manner contrary to religious values, which called to be the case Shura among the people. . Deflect and in charge of the power track Muftin and judges to judge between the people have absolute power to command, and the final opinion and the latter agree to it when it pleases and get angry when brutalize and does not appeal to her. And unfortunately has become the equation (according to the logic of Aristotle) established in the mind of the public for decades: religion meant power, power means oppression, if religion means oppression. And the judgment is the name of religion means the rule of faith on behalf of any submission to the will of God, and submission to the will of the ruling means submission to the will of God, who rules in the name of religion and God’s will and the means to depart from the ruling of kufr and heresy and apostasy and sentenced to death. Vetojb out of this vicious circle, and this trap which is used in which the rulers (and speaking the name of religion) the will of God and his rules (charia) for the benefit of their judgment and their will and their goals and whims of personal and exceed in most cases, religious values and taking advantage of people’s faith and simplicity and Radwkhhm Vecean to religion and faith. History is full of deeds and to extend these years and of different creeds and religions. And the best proof that what happened with the famous Egyptian thinker since a brief period where it was from his wife divorced forcibly and against the will of the couple on the background of ideas Does not appeal to their attitudes . The maintenance of religion and the protection of the faith of the arbitrariness of those in power requires judgment on behalf of right and law, which Istmdan strength of their origins and basic principles of humanity are made to the assets and protection of human and lay the foundations of freedom, justice and moral values among the people that came all the monotheistic religions and . Human beliefs (Confucius and Buddhism, for example) to confirm it to prevail peace, justice, freedom and balance in humans. Where the dispute if the human rights and religion?. This was the justification for the ads scattered charters of human rights in isolation from the church and the emergence of an intellectual and popular uprisings since the sixteenth century devoted Alemyan announcements for Human Rights issued on America and France the day after the French Revolution and in the manifestation of the Universal Declaration issued by the United Nations (Charter of the United). In the Middle has emerged that a difference in the appearance of the central authority and refuses to justify the ideas of revolution and Antfadtha religious and philosophical jurisprudence and distinguishes a new and justify Antfadtha and shows (for them) abnormalities sultan or the caliph or prince. And this explains the proliferation of difference and the ideas and religious sects, which can not be enumerated in detail and the search for plentiful here and the importance of each. and, but to date, and is varied interpretations and explanations and philosophical values of the band of these teams did not take a negative attitude of the religion itself. And junctions but it is funny to some and disbelieve others.
* The second problem They are related to the owners of behavioral and principles and their advocates. History has taught us that the owners of humanitarian principles and ideals which revolted in order to be applied were not role models in this area and did not give the ideal in this regard. The Bolshevik revolution in order to protect the interests of the working class and exploited, and protect their rights generally and feudal exploitation. Turned to the worst form of dictatorship and repression, psychological and physical persecution of individual and collective. The French Revolution and spoke and there is nothing wrong about assassinations and executions and abuse of power and theft and tampering with its principles throughout the century, which continued to rule individually and authoritarian dictatorship in which there is no place for the most basic rights of the individual. And did not settle the matter to the French Revolution only after issuance of the Civil Code (Napoleonic Code), which recognized the fundamental rights of the citizen and the separation of religion from the state in 1905
* This confirms the inherent ideals regarding whether religious or Balmpada basic human rights with their application unequivocally. And requires that a system of government ensures the protection of these principles and good application. And good system that allows in principle of freedom to express themselves and practices that are subject to a system of reward and punishment, accountability, and governance is a democratic system of different forms of political device supported by an independent and impartial judiciary. And here we see that the basic rights that we deal with the syndrome of any public rights of public freedoms of expression and freedom of any election and justice, in other words: no place for the freedoms and rights in the system is not protected and does not rule in justice.
* One final note: We cannot lose sight here that Western Democracy stringent in the protection of private rights and public in her country and its citizens, but it hit by a presentation of the wall and ignore them completely when it comes to the states and peoples of other Western powers to exploit their own resources or to deal with it in different ways for political reasons or economic (and sometimes immediate and racism) and the best proof that what we see and touch in the West deal with the issue of human rights in the developing world and towards the Arab and Muslim citizens in its territory and they disregard for the legal and humanitarian abuses committed by the State of Israel, at which time raises the issue of human rights selectively and deliberately general and some countries and their respective rulers in the world (especially in the Arab and Islamic world) to the liking of world politics and trends interests. It also can not overlook the tendency right-wing racism and sectarianism that are invading the world, “beginning with the civilized United States (Tea Party and Republican Party statements and some of the clergy), through Europe, where the success of the elections produce a right-wing extremist parties on the back of inciting racial and sectarian. And address this phenomenon President Decline in tolerance and Principle Acceptance of others and religious values and humanity. Any freedoms and democracy.
Third: schools and currents of human rights to human rights, civil
Based on the foregoing, and after displaying the historical and ideological sources of the principles of human rights and the intellectual and practical problems experienced by, we will human rights for schools that emerged from the development of philosophical and religious thought in the legal and human rights.
– The positive laws of different types and forms of development is human thought, which developed from the human need to organize its work and relationships. The human rights no matter how varied kinds and shapes with the evolution of time and places and techniques and the need to protect human forms in the face of risks, it stems from a fundamental right and not to emerge and it is the right to a dignified life and free them what emerges. And this is no disagreement between the religions and philosophies of the different creeds and curricula, as we noted earlier. But the depth on the subject of human rights and the laws that protect sources shows us how the rift caused by the different schools of thought because of the different sources, which adopted and relied on the one hand and because of the existing power Astdamha with the other hand, as was shown above and display the historical dilemmas consequences. Scholars of the Christian church split and the owners of the Islamic sects to major currents : :
First Current: Stream of divine law (theologian): Led by Saint Augustine In the fourth century And Ash’ari and Ibn Taymiyyah and Ibn Jose and others who follow the In the spring of Islamic thought. And is Says with reference to the absolute will of the. Deity in the affairs of the people and solve their problems and considered that the law may only be applied to the earth’s creation is the law and the will of God darn of his books and teachings. No rights outside the boundaries of books and teachings of the Lord, and what grew out of it.Vmsheeih of God is the first and last, is the beginning and the reference Final . For him The rights status of God Almighty and are His gift to His creation. For example, start Ocharian rights of property right which is not only a legitimate mandate (ie, not really the sense that we are dealing with) and it is a favor from him from the Creator and His creation. Second trend: current law is written makes sense (positive): And this thought has evolved with time, and a back-century since the Tenth.
Another stream of thought believes in human rights and the ability of the prudence and foresight and faith to reach a solution and humanitarian problems and mundane reason and logic.. As previously explained in the above sources of Rights has been affected by this current dialogue of civilizations and philosophies and enter the philosophy of Aristotle and the logic and methodology of the thinking of many intellectuals and philosophers, jurists in the east and west. Thus, schools of thought came to lay the foundations of human rights legal norms conducive to the organization of society. And this trend has led St. Thomas Aquinas and thinker after him and Dan Scott Gallom Occam, who are founders of the school legal status and the authors of the cornerstone of the written law. While these and step on the church as a revolution in Western society, they were not alien to Islamic jurisprudence, which called for closer relations covenants and rationing came to work the five scholars who laid the legal system in Muslim relations and contracts (five schools) and then followed by the first legal system integrated written regulates the relations between individuals at the hands of Suleiman the Magnificent, who was in the custody provisions of the judicial journal. The provisions of these rules and human rights organized by the relations between the people and family, but did not gear system of basic civil rights.
The third Current civil law is written: The rights The above-mentioned Emerge Key thinkers and agreed upon by all the religious currents of different attitudes and convictions Not. the human organism. And this life and sustainability requires the availability of elements provides for humans to continue Safely . But this man advantage, including God and His grace from all other creatures is Being Social. Given that man thinks he is, says the philosopher Descartes, And confirmed by the philosopher after him was . And rational thinking is by looking for the right to justice and personal and eager to reconcile the values that grew out of his rights and basic human. However, most of which stems and a basic rule is that they are inspired by the divine will and religious values, morality, dictated by the Sharia. In other words It is immediate As called by the legislature today Prince of reaction English words, or more convenient act of God act of God . It Does not stem from the will of man and his thinking and adapt it to the right Including damage Community And habits And techniques And Science. Of evolution. And: Remember here is what came in the legitimate rule, which says: “I do not deny climate change provisions times and places and customs.” All this led to the thought of the Renaissance resulted in Since the sixteenth century, Patrons About People pay established under the yoke of oppression to rise up and claim their freedoms first public ، Then with the high level of progress of civilization And Amount of the individual and society ، Second, To Lay the X Principles for the Protection of individual rights and personal liberty And in line with The words of the thinker Jean Biaggi That intelligence organizes the world when it organizes itself “The right man is a natural right, derived from the obligation inherent in human nature, is a right superior to the other rights situation, is the right of rights. ” Thus arose the third current or civil law advocates (and some call it secular law in the sense that it derives its sources from the principles of humanism exchange away from the religious institutions to deny that without values) . Result of the social contract of civil, It is Civil Code, which, although it draws upon sources of its core values of the first two exporters of non-moral values different from the heavenly teachings, but it differs there from in that it stems from the Thought Human And will And puts the rights of the individual before all other considerations and built. And puts her protective and operational framework. In point of view of philosophers of law, civil rights stands in front of two considerations Main: The right and duty (ie, liability) and nothing to do with God or an outside party to them. In fact, is not meant non-interference of God Almighty In the affairs of people, man Faith before God. But the intent of non-interference of a Himself a representative to interfere in everything, and received from the life of the community and individuals are led to the excesses get pages full of the history books. This is somewhat Bamufkr Russian Bakunin And conveyed by the French poet Brevir !!”. To the launch of the mantra, “Our Father who art in heaven .. Keep you!” In other words the palm of the hand of the divine will take advantage of the right weak-minded people. And But in spite of exaggeration Some scholars rely on human intelligence Trying to jump across Power Religious However, they Sttiawa that Hzu for humanitarian principles to bring about shared values This prompted the Bamufkr Kosti Bandali to emphasize that most of the intellectuals, scientists and philosophers were not Prafdan God and religious values and morals, but rather the method used and exploited. He says Advocates of The Stream The third This That as far as a person of fundamental rights Ossayash was the mother of individual Civilian, It entails obligations and Msa Mechanism and the other towards the individual and society . And has demonstrated the idea of human rights and freedom in the writings and ideas launched by a large number of thinkers and philosophers like Locke and Voltaire and Jean Jacques Rousseau and Montesquieu and Tocqueville and Spinoza and Hobbes and Hobenhower and Qasim Amin and Mustafa Orabi and Followers of School Seeroon The ideal And. Other. He had preceded them to that Kramuel who founded the first ownership of a parliamentary democracy in England and announcement Almagnaa Carta. And resulted in bloody conflict and intellectual, which prevailed in the West, the American Declaration of Human Rights of 1776 and the Universal Declaration of Human Rights issued by the French revolutionaries in 1793. (Saint Just And also announced the revolutionary thinker, lawyer, Saint-Just (Saint Just) Then “do not write for the people of liberty without law.”: Based on the above can be divided into the basic laws (the initial philosophical sense) as a source of the human rights of the individual into three sections:
First, the natural laws. That is, those which derive their authority from the logic of life, and intuitive creation. They are laws of nature and laws of the Creator who made man and the life and Alandalm cosmic subject to the automatic system by virtue of natural forces that do not strengthen the deterrent and works to adapt to the instinct and the love of survival and development and has come teachings and religious taboos and moral values that dictated the human legal system to be spiritually and morally binding nature by human faith. And this is what I called for by the current. It’s the laws that are subject to the will of God as contained in the books and teachings. And man-made laws II: That is, those that emerged from the set of customs and values agreed upon and which are formed due to human encroachment and congenital desire to order and social harmony and, but, despite Of It derives its values from the religious principles they lay out rules of logical analysis and intelligence Sure Faith and justice and the balance of the universe created by the Almighty. And Advocates of the view that man is the second trend stems from its belief is worth to draw up laws logical Written and coordinated Like the Roman system to make it primarily responsible for himself and what he does in the universe To society and individuals Before they bear responsibility before the Creator.
8. Conclusion
The codification of these rights and their introduction at the heart of the constitutional, civil or criminal legislation has very important consequences and result and significant effects on individuals and society. These effects are psychological and behavioral and cultural. For rights holders, first, the citizen’s feeling of the existence of protected rights changes their psyche and their behavior and prevents anyone from bypassing their basic rights. At the same time the same citizen shall feel responsible and understand the importance of the same rights in favor of other citizens and the necessity to respect the rights of others as much as they should respect his rights. It produces a reciprocal phenomenal rights and obligations for the benefit of citizen and officials. It’s the social contract and the collective culture of the importance of the respect for freedom and rights of others and the resulting obligations.
This behavior should be applied on community and individual management authority and secondly, where this culture is transmitted to those are in charge to manage the affairs of the people so that they become eager to respect the rights of the citizens and protect them as much as their determination to respect their rights as citizens on the one hand, and so they are afraid of the consequences of abuse of authority use and abuse in the presence of prosecution and punishment and protection enjoyed by the presence of the citizen of his fundamental rights in the Constitution and the law on the other. A feeling of the citizens that there are fundamental rights protected and the possibility of exercising her makes him feel dignity and protection, on the one hand, and turning these rights without both conferred the same insulting them, whether layman or a legal entity or administrative staff of that the result would expose him to prosecution of public or individual. And puts the Lebanese and Arab citizens (in the case of Arab countries to adopt these principles, inclusive) in the high-ranking humane, civilized and luxury.
This is what prompts us to think seriously re-consider some of the current legislation and integration of civil legislation and personal status of religious (while preserving the specificities that characterize the values of our society) in the law of common features in his introduction to the fundamental values of human and fundamental rights which do not differ by religions and civilizations. And requires that an amendment to the Constitution and simple for Some of the. Consistent with the laws which protect those rights And It is noted that some of these rights can be separated from each other so that each of them is really the same, and the other hand, others of which can be incorporated into joint title not to lose the general heading of the mysterious and privacy features. And in absolute experiments taught us that in the Arab Middle East in general and Lebanon in particular, is not a lesson at the age of the launch of the laws and the rights and principles, but in establishing the Culture and human rights in the application, and I think we need a revolution to overthrow the corruption and chaos and to lay the Rules Right and justice and Freedom and Equality Culture, it really.