Legal Definitions - unalienable

Unalienable refers to something, typically a right, that cannot be taken away, transferred, or surrendered. It signifies that certain rights are inherent to a person and cannot be separated from them, even by their own choice or by the actions of others.

Here are some examples to illustrate this concept:

• Example 1: The Right to Life

  Imagine a country's constitution declares that the right to life is unalienable. This means that no government, institution, or even an individual themselves can legitimately take away a person's life. It implies that this right is fundamental and inherent to human existence, not granted by the state, and therefore cannot be revoked or given up.

• Example 2: Freedom of Conscience

  Consider a situation where a person holds deep-seated religious or moral beliefs. The concept of freedom of conscience being unalienable means that no law, employer, or social pressure can force an individual to abandon or violate their core beliefs. Even if a person were to sign a contract attempting to surrender their right to hold certain beliefs, such an agreement would likely be considered void because the right to freedom of conscience is deemed inherent and beyond transfer.

• Example 3: The Right to Liberty in Foundational Documents

  Many foundational legal documents, like the U.S. Declaration of Independence, speak of "unalienable Rights" such as "Life, Liberty and the pursuit of Happiness." When liberty is described as unalienable, it means that freedom from arbitrary restraint is a fundamental human attribute that cannot be legitimately granted or denied by any government. It is a right that exists independently of government and cannot be sold, traded, or forfeited, even if a person were to attempt to do so.