Does section 28, subdivision (c) of the California Constitution, give rise to a right of action for damages?

6 In this respect section 28, subdivision (c), is closely analogous to article I, section 1, of the California Constitution, which states: "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." Clearly, although safety and happiness are inalienable rights, this provision of the Constitution does not establish the means whereby they may be enjoyed. No case has ever held that this provision enunciating the inalienable right to obtain safety and happiness is self-executing in the sense that it gives rise, in and of itself, to a private right of action for damages or an affirmative duty on the part of the state to take particular steps to guarantee the enjoyment of safety or happiness by all citizens. (Langdon v. Sayre (1946) 74 Cal.App.2d 41, 44, 168 P.2d 57; cf. In re Underwood (1973) 9 Cal.3d 345, 348, 107 Cal.Rptr. 401, 508 P.2d 721.)