INALIENABLE
We explain what is non-alignable and the non-alignable rights that exist. Also, mentions of this term in history.
What is inalienable?
The word inalienable comes from a Latin word that refers to something that cannot be alienated (that is, whose ownership cannot be passed or transmitted from one individual to another). What is inalienable, therefore, cannot be sold or transferred legally.
The word inalienable is a pure concept of law, coming from the Latin inalienabilis, and refers to those rights considered fundamental; which cannot be legitimately denied to a person, since they are part of the essence of the person. Human rights are inalienable rights.
These types of rights, on the other hand, are inalienable. No subject can detach or do without them, not even of their own will. For example, there is no such thing as voluntary slavery. A person cannot renounce his freedom and voluntarily submit to the commands of another human being. In addition to being inalienable, they turn out to be irrevocable and non-transferable between one another.
Inalienable rights are inherent to the individual simply by virtue of belonging to the human species. This means that the way it is acquired is involuntary. From the moment an individual is born, he is entitled to these rights and cannot get rid of them until the day of his death (that is, they are innate). And there is no possible legal order or punishment that can deprive him of these rights.
Other types of inalienable rights
Other inalienable rights are found within human rights and are freedom, equality, fraternity and non-discrimination, which are fundamental rights and therefore, as we 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 (UN), is the maximum document that brings together all the inalienable rights that we as human beings have. From the result of the union of the aforementioned declaration with the international pacts agreed upon by the countries, the International Charter of Human Rights resulted.
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Brief mention of pure inalienable right
As it never hurts to remember these things, today, as an example, we are going to 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 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, they must behave fraternally towards one another.
Article 2
Everyone is entitled to 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.
Historical mention of the word inalienable
The Declaration of Independence also spoke of inalienable rights. It is said that, “all men are created equal, that they are endowed by their Creator with certain unalienable rights such as life, liberty and the pursuit of happiness.”
“These rights cannot be bartered away, or given away, or taken away, except as punishment for crime; governments are instituted to ensure, not grant or create, these rights.”
The word inalienable 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 human will, neither one’s own nor that of others: Man possesses such rights, not because a legislator has granted them to him, 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 word inalienable appears as one of the fundamental rights.
“In the assembly, the politician was categorical in stating that the choice of who governs it is an inalienable right of all 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 those lands to the indigenous community.” Here it is applied to the recognition of a territory that belongs to a people because it belonged to their ancestors.
Without a doubt, the word inalienable had and has multiple meanings. It depends on the context in which it is used which will emphasize one meaning or another.
