Difference between Human Rights and Fundamental Rights

224 votes

Human rights and fundamental rights are key principles that stand on the basis of any just and equal society. Although the two terms are often interchanged, there are key differences that cannot be overlooked. In fact, while fundamental rights are outlined and protected by the national constitution of any given state – and thus slightly vary from country to country – human rights are universal and inalienable principles guaranteed at an international level and enforced by the United Nations and other international agencies. In other words, fundamental rights are granted by individual governments and are awarded by national constitutions while human rights apply to each and every individual, regardless of their nationality, ethnicity and religion.
 

What are Human Rights?

The United Nations – the primary body responsible of the protection and enforcement of universal human rights – defines human rights as “rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.” Human rights apply to all individuals – without discrimination – and include, inter alia, the rights to life and liberty, freedom of opinion and expression, freedom from torture and slavery, and right to work and education.
 
Fundamental human rights are outlined in the 1948 Universal Declaration of Human Rights – a milestone document, which was translated into more than 501 languages – thus becoming the most translated document in the world. The UDHR is integrated with two other key documents, which entered into force in 1976: the International Covenant on Civil and Political Rights (and its two optional protocols) and the International Covenant on Economic, Social and Cultural Rights (and its optional protocol). The first text focuses on:

• Freedom of opinion and expression;

• Right to fair trial:

• Freedom of thought:

• Prohibition of torture and other cruel and inhuman treatments;

• Prohibition of arbitrary killing; and

• Prohibition of slavery and forced labor.

Conversely, the Covenant on Economic, Social and Cultural Rights focuses, inter alia, on the right to education, the right to work in “just and favorable conditions,” the right to an adequate standard of living and the right to social protection.

The Universal Declaration of Human Rights and the two Covenants form the International Bill of Human Rights.
 

What are Fundamental Rights?

While human rights are universal and internationally recognized, fundamental rights are awarded by the country’s constitution and only apply to those individuals that fall under the constitution’s jurisdiction. Although in many cases fundamental rights and human rights overlap, the first are country specific and are enforceable by national legislative bodies (i.e. the U.S. Supreme Court). Fundamental rights are widely accepted and enshrined within any given society and any individual can go to court if he/she feels that his/her fundamental rights are not being respected. Most fundamental rights mirror basic and universal human rights, including:

• Right to freedom;

• Right to freedom of religion;

• Education and cultural rights;

• Right to work; and

• Right to freedom from exploitation.
   

What is the Difference between Human Rights and Fundamental Rights?

While human rights and fundamental rights often overlap, there are some key differences – in particular concerning their legal nature and their enforceability. In fact, human rights are basic and universal rights that should be enjoyed by all individuals regardless of nationality, race, ethnicity and sex, whereas fundamental rights are enjoyed by all members that fall under the jurisdiction of the constitution of a given country, without presumption or cost of privilege. Some of the main differences between the two categories of rights are listed below:

• Human rights are outlined in the International Bill of Human Rights and in a series of international conventions and protocols that define the limits and jurisdiction of international law (i.e. Convention on the Prevention and Punishment of the Crime of Genocide, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Rights of Persons with Disabilities, Convention Against the Use of Torture and Other Cruel and Inhuman Treatments, etc.). Conversely, fundamental rights are outlined in every country’s national constitution – as such, they can vary from country to country;

• Governments are expected to enforce human rights treaties only if they have ratified the relevant conventions – otherwise, international organizations (i.e. the United Nations, the Human Rights Council and other relevant mechanisms) can only recommend the governments to ratify such conventions and treaties but cannot take direct action to verify the implementation of the various provisions. Conversely, governments and national legal mechanisms have the duty to respect the fundamental rights outlined in their national Constitution;

• Fundamental rights are country specific and are built on the principles of individual freedom and self-determination, conversely, human rights are internationally recognized and are built on the idea of civilized societies and on the right to a dignified life.

• In general, the implementation and enforcement of international human rights is more problematic than the enforcement of fundamental rights due to the very nature of the international legal framework. Although human rights have a universal nature, the jurisdiction of the various covenants and treaties only applies within the countries that have ratified the relevant conventions and treaties. Furthermore, some international remedies can only be sought once all domestic remedies are exhausted.

 
Human rights and fundamental rights are key principles that ensure that all individuals live a free and dignified life. Both categories of rights aim at creating a harmonious social environment and at protecting humans from violence, injustice and discrimination. Human rights are universally recognized moral principles promoted and enforced by international organizations (in particular the United Nations and its relevant human rights bodies). Conversely, fundamental rights are found in the national constitution of every country and are, therefore, country specific.
 
The aim of the international community is to harmonize national legislations with internationally accepted standards and norms outlined in treaties, covenants and conventions. As such, whenever a country ratifies a human rights treaty, it is encouraged to take the necessary steps to ensure that national laws are in line with international provisions. Such process aims at ensuring better accountability and at promoting just and fair societies.

LawRato LawRato

951 votes

HYE
ADVOCATE ANUPAM KUMAR MISHRA
Fundamental Rights are the rights and freedom as a part of the constitution that is protected by the constitution of India which is recommended by the Government of India and the Indian parliament which enacted to its citizen of people. In Emergency situation, these rights are banned by the presidents of India at Emergency period and all the people that fall under the jurisdiction of the constitution are granted these rights without presumption or cost of privilege. Basically, these are the rights that are awarded to all citizens as per the legal system of the country without any conditions. These rights and freedom are enjoyed by the citizen of country into the certain determination of boundary. Human Rights are the rights that all global men and women should have. These are the most basics rights that protect a human from inhuman behavior of other humans. There are some rights that are considered universally to be fundamental and essential to live their fulfilment of needs for physical, mental and emotional protection. These rights are more helpful to the survival of every human being in this earth.

Advocate Anupam Kumar Mishra LawRato