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and a citizen (the institution of citizenship, the right to participate in
solving public affairs, etc.). He/she cannot own and actually enjoy
their rights without freedom. It is freedom that creates the conditions
for real acquisition of rights and their realization. On the other hand,
human rights consolidate and specify the possibility of acting within
the limits, established by legal status.
Human freedom is determined by certain features. People are
free since birth, no one has the right to violate their natural rights. In
addition, the state itself is the main guarantor of human freedom in a
democratic society. The concept of "human freedom" fully reflects the
principle laid down in Article 19 of the Constitution of Ukraine.
According to it a person has the right to do everything, except that it is
prohibited by the current legislation. Freedom of a person is also
characterized be the principle of equal legal opportunities, legal
assistance and legal protection, which is enshrined in democratic
constitutions, including the Constitution of Ukraine. At the same time
human freedom, as an objective reality, goes beyond the limits
regulated by law, and has its origins in the system of other social
norms, prevailing in the democratic society. The notion of "freedom"
may have a different interpretation, since, on the one hand, freedom
describes the general condition of a person, his/her social status, and
on the other hand, it specifies the ability to perform concrete actions
within the limits given to a person by morality and law. Such
opportunities, provided by the rules of the current law, are defined as
subjective human rights.
The theory of law and legal practice distinguish between the
concept of "human rights" and "citizen’s rights." In the first case, we
are talking about the rights associated with the very human being,
his/her existence and development. A person (as a subject of rights
and freedoms) prevails as an individual. According to the Constitution
of Ukraine, this right includes the right to life (Article 27), the right to
respect for human dignity (Article 28), the right to liberty and personal
integrity (Article 29), the right to non-interference in personal and
family life (Article 32) and so on.
As for the rights of a citizen, they are conditioned by the sphere
of human relations with society, the state, and their institutions. The
basis of this type of rights is the affiliation of a person to a state of
which he/she is a citizen.
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