作为人权的安全权:比较、内涵及规律

Security Rights as a Human Rights: Comparison,Connotation and Law

安全权是一个长期被忽视的基本人权,是对普适人权的充分认可与规范保护。安全权既包括对自由的安全权,也包括各种权利的安全权。宽泛的安全权是一项覆盖基本人权保障的安全保护和供给的权利,不仅包括及时和适当的安全保护,而且也包括决定安全权的基本因素的供给。狭义的安全权则围绕着具体人权中的安全权。安全权的应然内涵以核心安全权为基础,具有可提供性、可获取性、可接受性三大特征。安全权正在从无知和分歧走向认同与共识。起始阶段的安全权呈现出消极保守的态势,随着共识的不断深化,安全权愈益呈现出对新兴利益的积极保护,甚至创新地为新兴利益提供多元救济,并由此走向可持续发展路径。

Security rights is the basic human rights and the full recognition and regulatation protection of universal human rights. Security is not only to the freedom and security, but also all kinds of rights and security. Broad security is a cover to protect the basic human rights protection and the rights of supply, including not only the timely and appropriate security protection, but also the basic factor to determine the security of supply. The security is around specific human rights of security, ought to be the connotation of safety right to security as the core foundation, has the availa- bility, accessibility and acceptability the three big characteristics. Security rights is being from the ignorance and divergence to agreement with the consensus. In the initial stage, security rights showed a negative and conservative posture, with the constant deepening of consensus, security rights becomes more positive protection of emerging interest, even innovatively provides multiple benefits for the emerging interests, and thus to the path of sustainable development.