The Distinction Between Human Rights and Fundamental Rights
Introduction
The terms “human rights” and “fundamental rights” both refer to the rights and freedoms that every person is entitled to. Despite being related, these two terms have distinct differences that are important to understand. While both relate to an individual’s rights and freedoms, they operate on different levels and have distinct origins and implications.
Understanding Fundamental Rights
Fundamental rights are a set of rights that are enshrined in the Constitution of a country. They are considered fundamental or essential because they are considered necessary for the protection and preservation of an individual’s basic rights and freedoms.
Fundamental rights are often the rights that are most commonly recognized and codified, such as freedom of speech, religion, and assembly. They are derived from constitutional and legal frameworks and are often enforceable through the courts.
Understanding Human Rights
Human rights represent a broader and more universal set of rights that are recognized worldwide. They stem from the idea that every individual is entitled to certain rights and freedoms simply because they are human, regardless of their race, gender, or nationality.
Human rights cover a wide range of areas, including civil and political rights, economic and social rights, cultural rights, and the right to a healthy environment. They are often codified through treaties and international agreements, such as the Universal Declaration of Human Rights.
The Differences Between the Two Concepts
While fundamental rights are defined by national constitutions and laws, human rights are universal and transcend borders.
Fundamental rights are specific to the country in which they are recognized and enforced, while human rights have global implications and are meant to be applicable to all individuals, regardless of their nationality or geographic location.
Moreover, while fundamental rights are often enforceable through the courts, human rights enforcement takes a more holistic approach. This can involve political lobbying, advocacy, and other forms of pressure to hold governments and organizations accountable for upholding human rights.
Conclusion
Fundamental rights and human rights share many similarities but are also distinct concepts with different origins and implications. Fundamental rights are defined at the national level and are enforceable through the courts, while human rights are universal and part of a broader set of rights recognized worldwide. Understanding these differences is essential for anyone who is working to protect and promote human rights and fundamental rights.
Table difference between human rights and fundamental rights
| Human Rights | Fundamental Rights |
|---|---|
| Universal, inherent to all human beings regardless of nationality, ethnicity, gender, religion or any other status | Specific rights granted and protected by a country’s constitution or laws |
| Protected by international law and treaties, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights | Enforced by a country’s legal system and can be challenged in court if violated |
| Can be violated by both governments and private individuals or entities | Primarily aimed at restricting government actions and protecting individuals from state power |
| Examples include right to life, freedom of expression, non-discrimination, and right to education | Examples vary by country but may include freedom of speech, right to vote, right to a fair trial, and freedom of religion |