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The People guarantees of Rights and Public freedoms

الضمانات الشعبية للحقوق و الحريات العامة

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 Publication date 2015
and research's language is العربية
 Created by Shamra Editor




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We reviewed in this research the People guarantees of rights and public freedoms, whereas public opinion is an essential safeguard against the tyranny of the ruling authorities or exit on the legal rules, and the resistance of individuals to the tyranny of the ruling authorities is an important guarantee can be invoked as a social reaction to the breach of the constitutional rule and fundamental rights and freedoms, We concluded that the People guarantees are necessary, Because the legal guarantees are just relative guarantees, and can't guarantee the protection of a good stand-alone force of constitutional rules, As a result, It isn't enough for the maintenance of public rights and freedoms.



References used
الأسود, د. صادق, سنة 1990, الرأي العام و الإعلام, بغداد, ص 151-152
البحري, د. حسن , سنة 2009, القانون الدستوري, النظرية العامة, دمشق , الجامعة الافتراضية السورية , الطبعة الاولى.
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The modern concepts of human rights crystallized after the world war It (1939 – 1945).After the war put its heavy load, the independent countries established the united Nations organization. This organization issued its charter which became one of the first documents of the international human rights. The charter stated the promotion of respecting human rights and the basic freedoms of all people without any discrimination because of gender, language or religion, and no difference between men and women. And since the charter lacked a list which deals in detail with the human rights, the united Nations issued the international announcement of the human rights on 10th December, 1948, which included the main principles of civilian, political, economic, social and cultural rights as well as individual freedoms. The reinforcement of the role of the united nations in preserving human rights came through the adoption of the international treaty of civil and political rights and the international treaty of economic, social and cultural rights in the year 1966. Those treaties provided the cover and the legal protection for a lot of rights which the international declaration of the human rights stated. Since then, many other treaties adopted different cases such as the treatment of prisoners, the situation of refugees, women rights and children rights. The application of the rules of the international law can be specified on both the internal national level and the international level through the work and the mutual effect from countries and with the help of national and international procedures. It is necessary that this is done through modifying these rules according to the national law that is applied in each country. The application of the legal rule in the national law plays a crucial role in applying the international rule in the field of human rights. In order to comply with the international criterion of human rights, it is necessary for the Arab countries to ratify the basic agreements of human rights, taking into consideration the peculiarity of the history of the development of each country. These purposes should help in the activity of the international and social organizations of human rights.
There is no doubt that Freedom is the opposite of Authority. Both lunched its range is determined accordance with society doctrine and political powers. Political doctrine defines targets and tools of authority, consequently, it defines position of Individual and limits of man freedom. Therefore; public freedoms are connected to society's doctrine, so it decides which of the two parts gains priority; Individual, or society. In case of contradict, it decides who must sacrifice for the favor of the other. This point is the essence of the Political Dilemma which the law systems suffer.
Liberties are very important, individuals could not get it easily, and they lost many people for that. Then after they got their liberty, it was necessary to ensure the protection of this freedom, by the law and the Constitution. Although we always use the rules of the constitution, sometimes state suffers of disasters affect its security, and the work of its Intuitions, so in this case the state has to have special rules such as ((state of emergency)) .
There are a number of commitments mentioned in the international and Arab agreements and the Syrian legislation related to child labor. Where the goal is to ensure working conditions suitable for working children, commensurate with their abilities and potential, and ensure the preservation of safety and health.
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