Understanding Public Freedoms: France's Legal Context

• Expression "public freedoms" refers to the general idea of individual rights that must be respected by public authorities. This expression lacks precision and lends itself to various interpretations.
• Legal scholars fully agree that the concept of public freedoms has various definitions and often conflicts with similar concepts such as human rights or fundamental freedoms. There are two reasons for these gaps.
• As public freedoms are not strictly legal, material integrates itself into a larger context such as history, economy, politics, or ideology therefore public freedoms depend on societal evolution, can evolve, change and contradict their meanings.
• With regard to France's legal framework, the concept of public freedoms doesn't have a unanimous definition in texts or jurisprudence.

Definition of Public Freedoms

• Definition of public freedoms that takes political considerations into account carries uncertainties b/c there isn't a unique or precise definition of public freedoms, nor have legislators or judges strictly defined it.
• Absence of a precise, global of public freedoms definition stems from its precarious nature b/c it can be approached in various ways. A unanimous definition is difficult b/c it ties into different schools of thought. There's an absence of objective criteria to define them b/c they're identified and defined based on each State's political nature.
• Jean Rivero suggests that the status of public freedoms rests on two orders of factors: the ideology that inspires the action of the holders and the existing circumstances. The definition varies based on the underlying ideologies, therefore freedoms would receive differing definitions based on whether one is in a liberal or popular democracy.
• Regardless of context, whether democratic or otherwise, individuals need complete freedoms, formal or concrete, to flourish. Appears that a freedom's value function is the interest given by an individual to the freedom's exercise.
• Notion of public freedoms is precarious due to its evolution over time and space in the absence of objective criteria guidelines.
• The precarious defininition shouldn't be an unsolvable obstacle. One should therefore attempt to define public freedoms in relation to human rights, which Jean RIVERO sees as a general, permanent, almost extra-judicial category, seen as attribute which exist independently of legal enshrinement. Public freedoms translate human rights through any given political system.
• Public freedoms defined as recognized human rights, developed and integrated by the State into positive law, therefore linking human rights to public freedoms.

Public Freedoms and Human Rights

• Public freedoms and human rights are distinct yet complementary notions. Human rights are inherent to all, inalienable and imprescriptible.
• Unlike public freedoms, human rights are intrinsic to individuals as human beings, which is why the 1789 Revolution clearly distinguished between human rights and citizen's rights.
• Human rights are outside and above the legislator; doesn't necessitate consecration. Defined as prerogatives governed by rules that individuals possess in their relations with each other, and with power.
• Public freedoms result from positive law, being rights that are recognized, developed and enshrined by the State. Despite these differences, distinction between rights and public freedoms isn't watertight or absolute.
• Human rights encompass public freedoms, and the freedoms are a specific aspect of human rights. According to natural law theorists, they are inherent to the human person, transcending government which merely recognizes them. Government recognizes but doesn't create humans rights.
• The legislator can't suppress or reduce human rights through positive regulation b/c that serves no useful purpose.
• While this concept is widely held, it cannot be entirely corroborated. Nevertheless, human rights remain a valuable source of public freedoms. Latter appears as human rights that state consecration has shifted from natural to positive. State must consecrate the principle, develop its exercise and guarantees its respect. These freedoms are defined and protected by the legislator.
• Public freedoms also defined empirically as freedoms for all, doesn't mean that the public goes against private.
• Professor Jean Rivero describes all freedoms that directly concern relations between individuals or with authority as public ones, as they only enter positive law when the State has consecrated their principle, developed their exercise and guaranteed their respect. Only public freedoms that can be exercised individually or collectively, and they encompass individual and collective ones.
• Distinct from human rights, J. Rivero sees freedoms as powers by which individuals in social life choose their behavior which are recognized and organized by positive law and tends to attribute to them reinforced protection.
• Generally, public freedoms are a permanent agreement b/w State and citizens and proceed of citizens winning over rulers.
• Despite difficulty in defining and uncertainties over the notion of public freedoms, it can be understood as State's acknowledging all rights or prerogatives to citizens individually or collectively, and developed for this purpose by positive law.
• Freedom, viewed from the angle of positive law, is the ensemble of faculties that the law recognizes for the individual to act or not to act. Public liberty does not exist beyond positive law.
• Despite the given accuracy, Public freedoms remain a ambiguous concept, therefore creating ambivalence.

Ambivalence of Public Freedoms

• Ambivalence of public freedoms stems from two contradictory elements: concurrent exercise of public freedoms implicit conciliation and public order, and the conflictual relationship between them.
• To make the simultaneous and competitive exercise of two public freedoms possible/necessary, limit one or more public freedoms.
• This stems from two contradictory principles internal to each freedom. Reconciling the freedom of believer from the impious isn't easy.
• Similar in medicine when artificial insemination and in vitro fertilization are parallel procreation methods, revolutionizing but raising moral issues for everyone.
• Questions include uterus rentals, lawfulness regarding the contract of a human body, and contraceptive methods.
• Revolutionary methods leave each woman with the choice to procreate or not which results in the conciliation of the right to life vs contraceptive methods.
• Freedom of sexual expression is conciliated with freedom of trade and industry, centered on the contract's lawful purpose. Does exercising one freedom not impedes the other?
• Ambivalence of freedoms also observed in their limitations by public authorities.

Public Order and Public Freedoms

• Relationship between the notions of public order and public freedoms leads to contradiction, and disagreement between freedom and authority, rights of the State and those of individuals, along with incompatibility.
• Despite these disagreement, positive law strives reconcile public freedoms guarantee order, and these liberties and the public cannot reach goal simultaneously b/s they have ends and are contradictory.
• State must make sure freedom isn't damaged b/c freedoms can reach the protected/raison d'etre by public order regulations. Power is required for order and enables freedom that are intrinsically solid.
• Instrumental freedom of the democratic conception organizes freedom without serving as a predator of the freedom. Government uses it for prerogatives to citizens which means the State guarantees and injures the freedoms.

Techniques of Recognition

• Techniques of recognition in public freedoms(chapter 1), their development (chapter 2), protection granted to them (chapter 3) and study of the operation of certain freedoms (chapter 4) will be examined.
• Public freedoms have always been a major preoccupation of the individual, constantly winning freedoms from power in his perpetual fight to satisfy his wellbeing and self fulfill. Power is the single provider of freedoms. Sources categorized as international and national, with the international is either universal and regional.

Int'l Sources of Public Freedoms.

• Referring to the Declarations of Human Rights, particularly the 1948 Universal Declaration of Human Rights which occurred on December 10, 1948, sources of public freedoms apply universally. This was done by the UN General Assembly in Paris, and adopted unanimously for credibility/integrity.
• The states that didn't participate in the vote were Soviet bloc, South Africa, and Saudi Arabia.
• The Universal Declaration of Human Rights is in line with revolutionary declarations e.g. the Declaration of the Rights of Man and of the Citizen of 1789 and carries a liberal view of freedom and expression.
• Content of UDHR possesses original elements despite some influences. It recognizes individual rights, economic rights, social rights, and even obligations.
• Affirmation recognizes the right to life (art 3), prohibition torturing (art 5), equality right before the law (art 7), rights/freedoms. UDHR presents articles 8-11 on appeal rights/ legal protections in a more rigorous form Article 7 Declaration 1798, includes the right of private life protection, property rights(art 17),thought(art 18), opinion(art 19), reunion and association(art 20).
• 1948 Declaration contains innovations freedom departing a State, including origin State (art 13), possibility for State admitting a foreign national/victim persecution by origin country. To safeguard against lower classes, authors introduced nationality rights(art 15) marriage(art 16). Whole civil/political rights are liberal and result of the 1789 Declaration.
• UDHR has economic /social rights like civil/political while it safeguards to secure sufficient standard of living, securing in the event of unemployment, illness, old age, /maternity (art 25), equitable salary/trade union(art 23), education (art 26), and culture (art 27).

Limitations of the UDHR

• Difficult to give duty list of man rather than to specify duty. Article 29-1 states states individual toward the community freely develops his personality. The duties appear as sort of compensation as society recognizes the rights/freedoms.
• Lacks of sanctions and guaranteeing respect of declarations is an essential limit.
• Proclamation of faith man/human person's dignity is a text systematic/traditional. It has no mandatory force and exists through natural rights with support from the 1966 international pacts required for ratifying state along with no procedure to ensure proper respect.

Convention on Human Rights

• Conventions address HR on a regional level, where public freedom resources relate relative from countries and European council was first regional.
• European convention was signed on Nov 4 and Rome in 1950.
• It reprises rights/freedoms in Universal Declaration Declaration rights man/citizen 1749, also provides innovation. UDHR states convention must mechanism uphold affirmed rights and the commission on European court ensure rights proclaimed by any harmed individual.
• Individual recourse innovates legal system under certain conditions to sue responsible govt in violation.

Conventions Outside EU

• American: approved November of 1969 from American countries and in 1981 approved in Nairobi the African of charter for people and human rights in africa.
• Adopted for legal instruments for HR, it implemented over 20 by leaders and against acts of state and creates an african commission for rights and effective created by organization heads in Ethiopia. The African court on Human rights has been created after the charter.
• HR convention is doubtlessly improves for its subsidiarity the state remains frame for public liberties.

National Sources For Public Freedom

• Categorizing written/ not, Constitution law and regulations is mainly for sources which determine what can/ cannot change with its highest legal status imposing its laws on authoritiies.
• Traditional references evokes HR Declaration. It is made voluntary by the consitutent while the first declaration dedicates many number of rights soliditfying rights preventing exam legislation role.
• Laws which recognize public authority establish important source while guaranteeing organized public freedom.
• Regulations restrict law is limited while constitutions don't consider guarantees.
• Laws define freedoms to provide legal exercise uniquely specifying liberties conditions, defining legal situations which theory emerges from.
• Public administration doesn't hinder legal actions, in some cases it modifies law such as with liberties.
• Regulatory freedoms by the executive have no abilities to create or suppress liberties. Limited to common laws it assists admin legal actions.
• Written sources are important, unwritten are its compliment that admit general principals of right(GPD).
• Legal origins are not written and created from a law setting interpreter authority. He permits of certain rules on authority of general principles which is subject from legislation admin such.
• Judges support normative tasking general principles by the constitution and equality protection against abuse of authority that imposes on legislative/ admin authority.
• Constitutional law provides legal authority while judges have infra/supra decrete which imposes admins. Public freedom has various sources and condition exercise which determinate public.

Guidelines for Public Freedom

• When regimes are normal or in crisis, chapter 2 dictates how to follow guide lines by:
  • Laws that repression of criminal nature which a citizen makes prior decisions with the consequence that answer actions. The legislator defines crimes and what punishments correspondent them which can have legal advantage from informative law, being freedom to avoid committing crime.
  • Legislation can still effect the normal by lawmaker or administration abuses. They formulated vague terms for crime to not be accurate, leading to state insecurity.
• Preventive laws submits liberty by adminsitrations rarely careful respecting freedoms being based on what not possible. The admin can discriminate freedom candidate which is reduced by conditions that include. Authorization requires a formal action for exercising freedom can be conditioned or discretional for who has an authority whether or not to allow.
• Rejection means administration limits freedoms with the ability to secure the public being only possible by two things: State of urgency or if laws not respected. The measures should follow standards or be removed.
• An earlier declaration is an amendment of public exercises. It provides admin with a candidate of liberty that will record in addition that has no permission right. They gives what is required making it linked. They both require the admin to follow normal in peace and crisis. By it making acts.
• States in crisis put all efforts in protecting or reestablish peace in text/ jurisprudence. Legislation provides crisis adapted.

Legal Aspects of Freedom

• It must be an adaptation to liberty while making it easier to do. The presidential council can also make judicial which is called sit. Sit:
  • Is is the oldest exception regime for legislation which can limit public authority which comes decree council for territorial area when there are immutable arm risks.
  • This is only allowed for 15 days at a time and involves military and civli rights over order of maintaining or police authority
  • Extends power for authorities to remit arms/ crimes against republic constitution security and only takes legality when taking into account each species. An earlier legislative state is state of emergency and the council can approve, prorogate or circulate, even expel.
• Jurisprudential adjustments come form the theory of war/circumstances with defense from national state limits authority.
• Admin excuses for a time crisis authorized illegality. The judges take control while also approving legitimacy/amplifying. They must also guarantee their protection Freedom is protected in legislation to allow for extra judicial mechanisms while taking into account state enemy is limited when finding balance between public safety and freedom is hard to achieve. States also abuse the power to cause violation.

Public/ Private Interaction of Public Freedoms

• Chapter 3 states balancing the State will to impose with people desire is maintained with both judicial processes. The legislative defects participation must have norms and effective freedom proclamation.
• All must be in legal right or international right with the ability of protection means appealing any instance. The increase of the judge/ control deepens. In this environment there is government over laws/ constitutional laws protecting.
• The aim of constitutional judges is to have less control regarding conformity. Family law provides entire judiciary to uphold this constitution.
• All citizens have limits to protect others and have legal actions against public violations which manifest itself. In this case the judges consider:
  • Nature of controlled acts - exclusion to internal acts.
  • Laws guide admin against referenced norms
  • Protective is vigilant with protective measures. While the judges are strict with legalities, the courts may follow rules that must be reasonable and follow those strict standards.
• Administrative liabilities gives guarantees as administrative right. They can occur due to authorities such as with Blanco's, they follow subtleties/ strict cases over services that need extreme rights against.
• Traditional liberal interference are a essential guarantee such as for freedom protection and fair process involving imprisonment.

Protection of public liberty

• Charter rights of HR require commission which increase efficiency in various zones that protect liberties.
• The council can receive various forms of violation cases that can occur in the forms of military or Rwandan which are limited and criminal to protect their territory boundaries within time.
• The court will always have competence depending on the state. Also it does not receive rights from the victims rather than the states. They're only secondary crimes in treaties involving human rights. The increasing policed court is the only way Non judicial provides protection which helps with internal order of what needs protection. Legislators protect as political powers turn, as an inquiry to reveal any issues of legal power that makes legal authority.

Social Structure of Freedom

• To have individuals expressive that have belief of public freedom. Associations can be for individuals to join, forming permanent bodies that the freedom allows for public. Assemblies have French laws applied as group of hearings. There are free and only required for public safety and should never conflict.
• Manifestations provide open freedom but submit to statement that does not allow risk to circulate to open public. In groups spontaneous is when the participants form violently against political figures. Legislation does not protect citizens but rather protects from association.
• Freedom allows groups to set up associations. These groups are a principle based constitution through the law that states for these in associations:
  • The freedom provides for people to associate, guaranteeing their laws
  • They follow model with references to the authority with the details by when
  • There are limits protecting against illiciting behaviors/ activities dissolving the groups. These must relate to the functions of the state council, and do all must make sure that not harm the general group.
• The government follows modal dissolve laws.

Content of Public Freedoms

• This has several facets: End goals, middling goals and intellectual/materials that includes.
• A freedom under legislation, divided as in: -Individual: Executed over one as the right for their own life and freedom that makes human rights base as right that constitution. -Right to life- Constituent right doesn't always guarantee the law.
• Post war, the need to proclaim human life through articles as an expression of our laws which modern constitutions have followed. It is to the point to which protection to different parts of the law. From this its meant to protect before/ after the birth, with safety being from non reconnaissance and an open right. The Supreme provides the right the life, with various steps.

Legal Framework

• State can define key items depending on trimester for the following:
  • No limitation/interdiction on trimester.
  • State can in trimester 2.
  • In trimester 3, state can set human protective guidelines.
• Legal interpretation allows courts to not require consent under justice. European court supports life rule with strict cases and questions of euthanasia.
• Modern is that helps abbreviate illness that has to stop, unlike in the Netherlands. This is for the ones to express as the term is for to harm the health. Others believe that these need full supporting attention or other forms of human conditions.
• Liberties can provide longer than just life, such as with the spirit of humans as also the conscious part of society and belief. This occurs through conscious rights like equality, that are under those liberties which gives the state right to.

Social Freedom under the law

• The right to religion is not clearly defines and only applies if it's in constitution.
• The opinions can either show on religious or not, that states where men can reflect fundamental decisions. Liberties can only limit expression of themselves
• An authority can be forced of religious state, giving no other freedom except for liberty and economy. States have no ability know these views however. The freedom should not affect hiring/firing someone. The right to choose, and even the freedom to form groups from it.
• Communities or freedom have multiple citizens and moments/ people/ length for permanent times. Under the conditions some that can be the most frequent, most open, and only happens for time limited moments
• To be the most effective, they are to protect as group is an element for group/ the administration rights for public right, under public or private. In the authority the state has to be respected over those to protect.

Explore the multifaceted concept of public freedoms, individual rights, and their interpretations. Legal scholars acknowledge varying definitions that sometimes conflict with similar concepts like human rights. Examine the historical, economic, and political influences on public freedoms within France's legal framework.