* Individual and Social Guarantees
We can say that the history of law is a discipline whose object is the knowledge of legal systems. Referring to the rights of times past, the historian can only, if you want to make history to consider these in their uniqueness and individuality characteristics, ie, as cultural products that have existed once and can not ever be repeated.
The sociology of law may also refer to the laws of the past, but when it does, apply to the study of such an entirely different, and not direct your interest in what these systems have on individuals, but the causes and determinants of their appearance or their changes.
“Legal history will show us the events of production and modification of the law in its real individuality, will offer the development of the right film embedded in the rest of the historical facts. The sociology of law will cover, not the succession of singular events in a particular historical process, but on the social reality of law and on the provision and the overall functioning of the factors involved in their management and evolution. ”
Also emphasizing the above I can say that are the foundation to settle and capture in the constitution of the United Mexican States individual rights that are nothing more and nothing less than the rights and obligations of each of the Mexicans have.
As for the relationship to tourism should be noted that there are various items that we talk more about it, which a little later explained in more detail and try to follow in chronological order with explanation to about pampering.
As the general aim should be noted that it is very important to know our guarantees in order to understand, explain and make them known, because as future service providers have an obligation to get to know our country and then sell the services.
As for legal purposes, we can not forget the following:
1 The peace, harmony and order.
2 .- Keep peaceful coexistence among men.
3 .- Get justice and general welfare.
4 .- The common good.
Individual and Social Guarantees.
The declaration of individual rights is divided into three main parts: the rights of equality, freedom and legal security.
In the current Constitution Equal rights are:
* Enjoy for every individual of the guarantees granted by the constitution.
* Prohibition of slavery.
* Equal rights without distinction.
* Prohibition of peerages.
* Prohibition of jurisdictions.
The guarantees of freedom are divided into three groups:
* Freedom of the individual.
* Freedom of the individual.
* Social Freedoms.
The freedoms of security are:
Concern: the right of petition, denial of right only by trial detention only with a warrant, right to the effective administration of justice, etc..
But what interests us as service providers and as future managers of tourism businesses are the following items will list below and then give their respective explanation and we compared with the explanation of another author:
1 A law for every individual
Labor article 5
Article 9 of association and assembly
Section 11 traffic
Constitutional Article 1
“In the United Mexican States every person shall enjoy the guarantees granted by this constitution, which shall not be restricted or suspended except in cases and under the conditions established therein”
Burgoa SAYS: It establishes a specific individual guarantees of equality, since it considers enabled and able to all men without exception, be in possession of public subjective rights established by the Basic Law itself, the personal scope of this specific guarantee of equality extends, as the 1 of the Constitution, every individual, ie every human being regardless of their particular congenital (race, sex, etc.) or acquired. Now the same article 1 of the Constitution states that individual rights may be restricted or suspended in cases and under the conditions that the system supreme states, thus implying the abolition of individual guarantees a radical transformation of the state legal system since it was erected in the totalitarian state in the modern sense of the word, the Congress and state legislatures have no power to remove them, may, itself, modify or restrict them, but always retaining its essential purpose of guardianship. (261 and 265)
No person can be prevented from engaging in the profession, industry, trade or work that fits, it is lawful. The exercise of this freedom may only be stopped by court order when the rights of third parties, or by administrative order, issued in the manner provided by law, when they hurt the rights of society.
No one shall be deprived of the fruits of his labor except by judicial decision.
The law in each state determine what are the professions that require a license for their exercise, the conditions to be met to obtain and the authorities to grant them. No one may be compelled to render personal services without due remuneration and without his full consent, excepting labor imposed as punishment by the judicial authority, which shall comply with the provisions of Sections I and II of Article 123 Article
As for public services may only be required in the terms established by their respective laws, the weapons and jury, and the performance of roles of Councillors and elected directly or indirectly. The electoral and census work, shall be compulsory and free. The social nature of professional services will be compulsory and paid according to the law and with the exceptions that point.
The state can not allow the execution of any contract, covenant or agreement having for its object the restriction, loss or irrevocable sacrifice of the freedom of the person, whether because of work, education or religious vows.
The law, therefore, does not allow the establishment of monastic orders, whatever their denomination or purpose in seeking to establish itself.
Nor can legally agree that the person agreed upon its proscription or exile, or temporarily or permanently renounce to exercise particular profession, industry or commerce.
The employment contract only obliged to provide the service agreed upon by time fixed by law, not to exceed one year to the detriment of the worker, and not extending in any case, renunciation, loss or impairment of any political or civil rights.
The lack of compliance with the agreement, so the worker shall only render him the corresponding liability, but under no circumstances may they be coerced about him.
Burgoa SAYS: The freedom to work is one way of ensuring that most contribute to the realization of human happiness, as it resolves all the teleology of man in a normal field. In effect, the individual generally tends to play the activity that is consistent with if idiosyncratic, with his natural inclinations and innate, is why the freedom to work, conceived as the power that an individual has to choose. occupation that suits you to get your life fine. (P. 204)
My opinion is that this article is nothing more than the freedom to work in the area that we like the win as this within the law to perform any work.
You may not restrict the right to assemble or associate peaceably for any lawful purpose, but only citizens of the Republic may do so to take part in political affairs. No armed meeting has the right to deliberate.
Not be considered illegal, and may not be dissolved, an assembly or meeting that is intended to make a request or lodge a protest against any act of an authority, if not utter slander against this, nor made use of violence or threats intimidate or force it to respond in the manner desired.
Burgoa SAYS: Freedom of assembly and association, the individual security concerns two kinds of freedoms: of assembly and association. Thus, we must define the two, setting their characteristics and differences.
The right of association means any individual having authority to bind or to form an entity. (380)
I would argue that in this country are free to make the association that we want and that is within our individual rights and this indicates that we can meet if it is freely and peacefully.
Everyone has the right to enter the Republic, leave it, travel through its territory and change his residence without a security card, passport, safe-conduct or other similar requirements.
The exercise of this right is subordinate to the powers of the judicial authority in cases of criminal or civil, and administrative authority, as concerns the limitations imposed by the laws regarding emigration, immigration and general health the Republic, or undesirable aliens resident in the country.
Burgoa SAYS: It should be noted that freedom of transit, as an individual guarantee that the constitutional provision establishing comment only refers to the removal or physical movement of the governed. Therefore, this freedom does not include the provision of any services, or exclude the power of federal or local authorities. (399)
This leads me to say that: a feature of the law is to be mandatory, as this article tells us the freedom to travel but tells us the following law:
“Obligatory: The law must be met even against the will of the people” Garcia Ramirez, Sergio, “Constitutional Law”, Twenty-third edition, Publisher: UNAM, 1991, 459 Pp
Each and every one of the articles noted above have only one purpose, which tells us or give us to meet our obligations and rights we have as Mexicans.
This type of obligations and rights are of paramount importance since it bears the work of men who made the constitution but some say the constitution is outdated and needs reform, I think it is true but these will turn as they pass giving years and experience tell us the good and bad of it.
The constitution is very important because it is a human need, as this in Mexico is very important because thanks to the Constitution guarantees that we find the word security means something that protects against any risk.
Thus, individual rights by the faculty consists of individuals, where such securities are classified as Equality, Property, Freedom, Security.
But given the findings and I hope this clear my work and my view is clear and objective about individual rights and their relation to tourism and tourism service providers.
It remains for me to say “THANKS”
* Constitution of the United Mexican States, Twentieth edition, publisher: Delma, Edo. Mexico, 1994.
* Burgoa Orihuela, Ignacio, “individual guarantees”, Thirty-first edition, Publisher: Porrua SA, Mexico, 1995
* H. Delgadillo Luis, “Introduction to Mexican positive law”, second edition, third reprint, Editorial: Limusa, Mexico, 1994, 265 Pp
* Roque C. Francisco, “Civic Education” Fourth Edition, Editorial Ramirez Mexico 1999, 15 P, p
David Nava G. P.T.H
Xalapa Veracruz Mexico