There are two theories about the existence of basic rights, traditional natural law thought and legal positivism. The former thinks that basic rights are innate and can be said to be "natural human rights", which is the mainstream thought during the bourgeois revolution; The latter thinks that rights are given by the state, and there is no higher natural law to give human rights.
However, after the suffering of World War II, especially the atrocities of the Nazis, people began to reflect on positivism. At this time, the thought of natural law began to revive, and positivism began to evolve and revise its own thoughts.
At present, the mainstream view should be that basic rights are born to people and are not given by the state through laws.
According to the International Covenant on Civil and Political Rights signed by People's Republic of China (PRC) in the United Nations on1June 5, 998+10/October 5, Beijing Law Firm Wu has compiled 30 basic rights of natural persons, as follows:
1, right to self-determination
2. Right to subsistence
3. Right to equality
4. Right to help
5. Right to life
6. Right to refuse punishment
7. Right to refuse military service
8. The right to freedom
9. Right to security
10, migration right
1 1, right to nationality
12, keep
13, storage
14, the right of goodness
15, self-defense
16, personality right
17, privacy
18, right portrait
19, right of reputation
Religious rights
2 1, the right to speak
22. Right of assembly
23. Right of association
24. Right to work
25, the right to get married
26. Name right
27. Right to education
28, the right to vote
Language rights
30. Contracting right