Intrinsic Democracy

Summary

There are dogmatic norms and constitutional consensuses on human rights for its recognition and fundamental importance as well as on its essential content or its scope of protection.

The consensus of the constitutional dogmatics and the expression of the qualifying criterion coming from the fundamental rights, are demonstrated by the analysis of the following imperatives (principles and rules of each system) which exist in the different national and supranational legal systems such as: Covenants, Treaties, Conventions, Agreements, Letters, Resolutions, Declarations, Decisions, etc. on the rights of peoples and individuals to democracy as well as on the binding judgments of the various Constitutional Courts ,Tribunals or Activism movements for the protection of human rights, at the regional and national level, which allows us to affirm that there is a dogmatic consensus (consensus juris), to properly use the term on the essential content of the law.

Every collective actions or measures intended for the protection and sanctions about laws establishment in the event of non-compliance for its respect causes a certain advantage or deficit in its all plenitude or aspects.

The existence of the central or essential content, scope of protection, complex or comprehensive in nature, of democracy as a fundamental right is affirmatively highlighted in particular by the treatment accorded to it in the precepts of the Charter inter-American democracy, the CAPPDH, the Democratic Clauses of the OAS, CAN, Mercosur and Unasur, the decisions of the Inter-American Court of Human Rights which define the essential elements of democracy for the hemisphere , in harmony with the resolutions of the UN Human Rights Council.

UN Resolution

In 1993 the post of UN High Commissioner for Human Rights was established, as a result of the Vienna World Conference on Human Rights. The Commissioner's responsibilities are very generally phrased. They include the followings":

a) To promote and protect the effective enjoyment by all of all civil, cultural, economic, political and social rights;

b) To carry out the tasks assigned to him/her by the competent bodies of the United Nations system in the field of human rights and to make recommendations to them with a view to improving the promotion and protection of all human rights;

c) To play an active role in removing the current obstacles and in meeting the challenges to the full realization of all human rights and in preventing the continuation of human rights violations throughout the world, as reflected in the Vienna Declaration and Programme of Action .

The materials in the remainder of this article focus upon some of the human rights treaties and standard setting declarations adopted by the UN.

As to human rights treaties, materials are included on the two International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, and on the UN Torture Convention.

The other four UN human rights treaties for which there are treaty-based reporting or petition systems for monitoring or ruling on compliance are as follows: Convention on the Elimination of all Forms of Racial Discrimination 1966 (CERD).

Convention on the Elimination of All Forms of Discrimination Against Women 1979 (CEDAW).

Convention on the Rights of the Child 1989 (CRC) .

Convention on the Protection of the Rights of All Migrant Workers 1990.

For some time, the treaty-based reporting mechanism for these human rights treaties has been the subject of concern because of the large workload that it imposes for states parties, and the failure of states to submit full reports on time or at all.

QA proposal for a single national report for all treaties has now given way to the idea of a requirement of an expanded core document, supplemented by the treaty specific reports responding to the particular requirement of each treaty that are already required..

Other UN treaties with human rights elements but that do not provide for supervisory machinery are the Genocide Convention 1948, the Convention Relating to the Status of Refugees 1951 and the Convention on the Crime of Apartheid 1973.

Global Leadership

In addition, the fundamental human rights in the global leadership about democracy, recognizes the importance of all its procedural or instrumental aspects to evolve and to tackle societal challenges.

These aspects are significantly crucial considered as basic tools to lead states building a solid democratic governance.

Here are some highlights we are pointing out to push you understand what the matter is.

1-Human rights through decisions making

2-formation of the majority principle, 3-selection of governments,

4-formal expression of popular sovereignty, etc...

However, the global governance is not exhausted in working on these issues , since its normative core of an axiological and dogmatic order is made up of a list of civil rights, political, economic, social, cultural, environmental, etc... in the objective of building a common society where equal rights are considered as one of the first preoccupation, of which it is an instrument and an essential purpose for their effective enjoyment.

We can say all of this could be possible through mutual and reciprocal reinforcement in the context of the theory of the integral of human rights implementation, seen within the framework of the human rights-based approach that is a full democracy, a holistic democracy or a democracy based on the rights approach of man.

Promotion of Human Rights

It is a fundamental right which enjoyment is functional to the guarantee, promotion and respect of human dignity through the realization of its normative content (expanding opportunities, development of capacities, free choice of a valuable life project without prejudice and equal material and immaterial conditions that allow effective participation in society consisting, at its base, of a set of rights, equally fundamental, equal in value of respecting the rights of each other which is essential to their realization, enjoyment, or interdependent, aimed at achieving a good life with dignity for everyone, respect for others and the common good equipped with legal and institutional mechanisms for its protection within the framework of the social rule of law.

Super Connection

The link between democracy and the social rule of law are intrinsically twinned.

On the one hand "the rule of law" is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as "no one is above the law".

On the other hand; the right to democracy considered as a fundamental right, which allows it. for a conceptualization of people's power depending to its rights and its duties, which also consist with the precepts of the human rights-based approach, leaving room for the definition of global democracy, which brings an altogether concept focusing on peoples equality in the idea of "All in One" through its instrumental and substantive facets.

Understand the super connection in an expanded approach and in an abbreviated sense, as well as their interdependence and interrelation with the enjoyment of human rights, are recognized in the doctrine and regulations that govern the right to global democracy, , like this one means the intrinsic democracy in a broader sense.

Global democracy (GD) in the abbreviated sense is a fundamental right which enjoyment is functional to the realization of the normative content of human dignity through the realization of all human rights, by all and for all (All for One), through the development of the project of a precious life belonging to every person without any damage, and whom also belonging to the conditions of the equality before the law. Everyone can freely decide to choose within the framework of the social state of law, equipped with legal and institutional mechanisms for its protection.

Intrinsic Democracy

The intrinsic democracy, can be understood within the framework of a conceptual approach to the definition of “holistic” democracy in the terms of the report of the United Nations High Commissioner for the United Nations. Human Rights (A/HRC/22/29 of December 17, 2012), based on the emphasis placed on human rights and the full range of fundamental rights.

Democracy is considered as fundamental human right, from the perspective of the doctrine of comprehensive fundamental rights and within the framework of a human rights-based approach, called intrinsic democracy, it consists of two rules at priori,

a) The procedural aspect that is necessary for the formation of the principle of majorities, as well.

b) The substantive facet that is set on fundamental rights which constitute its complex or assembled essential core in functional relation with the realization of the normative content of human dignity, as a means and an end, so that the person develops their precious life project without damage,

State must ensure that human person has goods and services, material and intangible, adequate to function effectively in society and participates in training, execution and control of the political system, to lead a good life and contribute to the common good in the social and democratic rule of law.

Conclusion

Moreover, intrinsic democracy is understood as a fundamental right, because in its instrumental and substantial aspects, it responds, from a taxonomic examination, to the criteria established by the Constitutional Court of every democratic State, to qualify fundamental rights, which can be assert as it is intrinsically linked and functional to the realization of human dignity in its triple conception, as a value principle and constitutional rule.

However, the effective enjoyment of the fundamental rights to the intrinsic democracy is indeed, an essential presupposition, which allows the realization of the project of valuable life, and without harming the dignity of human person. However,, every legal state must guarantee the material and immaterial goods that are necessary appreciate to the intrinsic democracy, for the purpose that it may be legally effective, and functional in society, and, in particular as a means and end, so that concretely its purpose can specifically exercise the effective sub-participation in the formation, execution and control of political power.

The intrinsic democracy is paired with all the requests based on human dignity. The intrinsic democracy is mostly opposed to all forms of discrimination and restriction that go against the human fundamental rights.

We want to do a short reminder according to some interesting Articles of the Universal Declaration of Human Rights (UDHR).

(Art.1) All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

(Art. 2) Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

(Art .6) Everyone has the right to recognition everywhere as a person before the law.

(Art.7) All are equal before the law and are entitled without any discrimination to equal protection of the law.

All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

All the Articles of UDHR are crucial to promote, so that all peoples living on Earth's surface may harmoniously be able to acknowledge their authenticity and the obligation they do to build a world when men, women and children learn about their rights and duties. Nobody owes you your fundamental rights if you don't reclaim them. It is a duty for you to care about them, and the most important, is to explore without fear the depth and the diversity of democracy.

Democracy is here to defend you and make your world becomes a peaceful place. Your dignity is priceless, and the fight of the global democracy is to keep your rights safe when dictators want to private you from your freedom which is a birthright.

"Remember you were born free and then you have to live free during your lifetime, don't let anyone takes this freedom away from you."

A.G.E-Learning

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