Can individuals be considered as violators of human rights?
Before answering this question it is necessary to define what human rights are according to the web page of the UNITED NATIONS (UN) "Human rights are inherent rights of all human beings, without any distinction of race, sex, nationality, ethnic origin , language, religion or any other condition. Human rights include the right to life and freedom; not to be subjected to slavery or torture; to freedom of opinion and expression; to education and work, among many others. These rights correspond to all people, without any discrimination. "
This organization also establishes international human rights law, which consists in the obligation of governments to act in a certain way or refrain from undertaking certain actions, to promote and protect human rights and fundamental freedoms of individuals or individuals. the groups. All this under a norm whose foundations are the Charter of the United Nations and the Universal Declaration of Human Rights, approved by the General Assembly in 1945 and 1948, the latter together with the International Covenant on Civil and Political Rights and its two Optional Protocols. (on the complaint procedure and on the death penalty); and with the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol, they form what is known as the International Bill of Human Rights.
On the other hand, the website of Defensoría del Pueblo of Venezuela states that Human Rights are a set of principles, universally accepted, recognized in the Constitution of the Bolivarian Republic of Venezuela, which are aimed at ensuring the dignity of every human being in its individual, social, material and spiritual dimension, which are conceived within the principles of progressivity, non-discrimination, inalienableness, interdependence and indivisibility and are universal, innate, inviolable, non-transferable, complementary, imprescriptible and non-hierarchical.
In this same order of ideas, the entire system of international law is based on the principle that States are responsible for safeguarding human rights ratified by the Inter-American Commission on Human Rights (CIDH), in a document that seeks ways of how the Commission could give more attention to armed non-state groups as causes of abuses to the enjoyment of the human rights of citizens in the countries where they operate. The IACHR says:
"The entire system for the protection of human rights is designed based on the recognition of the State as the subject of the basic legal relationship in the matter of human rights and it is against it that complaints are presented for violation of the rights recognized in the Convention. . "
The theory is clear in stating that only the State violates human rights, and its responsibility is linked to its protective role, since it should not make rules that may restrict or destroy fundamental rights, nor should it act in clear violation of the rights of the State. Constitutional parameters must also ensure citizens effective protection of these rights, therefore the CONSTITUTION OF THE BOLIVARIAN REPUBLIC OF VENEZUELA in its articles 29 and 30 states:
Article 29. The State shall be obligated to investigate and legally punish crimes against human rights committed by its authorities.
Actions to sanction crimes against humanity, serious violations of human rights and war crimes are imprescriptible. Violations of human rights and crimes against humanity will be investigated and tried by the ordinary courts. These crimes are excluded from the benefits that may imply their impunity, including pardon and amnesty.
Article 30. The State shall have the obligation to provide full compensation to victims of human rights violations attributable to them, and their beneficiaries, including the payment of damages.
The State will adopt legislative and other measures to enforce the compensations established in this article.
The State will protect victims of common crimes and ensure that the perpetrators repair the damage caused
However from the point of view of socio-critical analysis individuals can also violate human rights, this last position shared by this group, the reason is that the essential element of these rights is human dignity, ergo any act or omission that attempts against human dignity is considered an act that violates human rights. Generally, when a private individual violates one of these rights, it is said that the civil and criminal regulations of the country will be applied, since they establish the sanction and how to compensate the damage caused, however, article 2 of the AMPARO LAW ON RIGHTS AND GUARANTEES. CONSTITUTIONAL GO (34060) 9/27/1988, clearly states:
Article 2. The action of amparo proceeds against any act, act or omission coming from the organs of the National, State or Municipal Public Power. It also proceeds against the act, act or omission originated by citizens, legal persons, groups or private organizations that have violated, violated or threaten to violate any of the guarantees or rights protected by this Law. It will be understood as a valid threat to the origin of the action of protection that is imminent.
Understanding that the amparo action is based on the idea of power limitation within a constitutional framework, of governmental authorities, and more recently of individuals when their acts are equated with those of authority, thus protecting human and fundamental rights of the people, guaranteeing, therefore, their freedom in the face of arbitrary action. That is to say that the fact that individuals can violate human rights is accepted
A clear example at present are the acts of certain armed groups responsible for assassinations, acts of violence, torture or intimidation against people, likewise there are transnational companies that violate the rights when they settle in communities affecting their homes and land or its environment, also in case of manifesting to ask for the departure of said company, this usually responds with attacks from its security forces, finally responding to the question posed at the beginning of this analysis, from our point of view. not only do states violate human rights, but private companies and individuals and / or legal entities can also be very active in undermining these rights.
SOURCES CONSULTED
CONSTITUTION OF THE BOLIVARIAN REPUBLIC OF VENEZUELA 1999
LAW OF AMPARO ON CONSTITUTIONAL RIGHTS AND GUARANTEES G.O. (34060) 9/27/1988