The main difference between human rights and fundamental rights is that human rights are the universal rights enjoyed by all individuals irrespective of race, gender, nationality, and ethnicity. Meanwhile, fundamental rights refer to the rights enjoyed by the citizens of a particular country, and these rights are protected by the constitution of that country.
There are many similarities between human rights and fundamental rights, and they even overlap with each other. However, human rights are universal, while fundamental rights are country specific.
Key Areas Covered
1. What are Human Rights
– Definition, Features
2. What are Fundamental Rights
– Definition, Features
3. Similarities Between Human Rights and Fundamental Rights
– Outline of Common Features
4. Difference Between Human Rights and Fundamental Rights
– Comparison of Key Differences
Key Terms
Human Rights, Fundamental Rights, Rights
What are Human Rights
Human rights refer to the rights all human beings enjoy regardless of their race, sex, nationality, ethnicity, language, religion, or any other status. There is an international human rights law to safeguard the rights of human beings all around the world. Thus, human rights are applicable everywhere at any time, and they are the same for everyone. Human rights are relevant to all human beings, and they protect an individual in many ways. Some examples include the right to express your own opinions, right to education, right to have a private life and family, and freedom of opinion and expression.
There are a few significant documents that protect the rights of human beings, such as the Universal Declaration of Human Rights, the European Convention on Humans, and the Human Rights Act. These protections contribute to establishing and defending the human rights of people all around the world. In addition, organizations like UNO (United Nations Organization) promote and protect the full range of human rights worldwide. This organization helps to empower people as well as assists the government in protecting the human rights of its citizens.
What are Fundamental Rights
Fundamental rights refer to the essential rights enjoyed by every citizen of a country irrespective of caste, creed, place of birth, religion, or gender. If these rights are violated, citizens can go to the high court or supreme court directly for the protection of rights. Fundamental rights are separately identified by the constitution of a country. In addition, the Supreme Court protects citizens and their given privileges. However, only the parliament can amend the provisions of the fundamental right through a constitutional amendment act.
Furthermore, the way the constitution defines fundamental rights can be different from one country to another. Nevertheless, human rights are stated in the constitution, and they are protected by the Supreme Court. Some of the fundamental rights include the right to equity, right to freedom, right against exploitation, right to freedom of religion, and right to constitutional remedies. Furthermore, it’s the court of law of a country that enforces fundamental rights.
Similarities Between Human Rights and Fundamental Rights
- Both human rights and fundamental rights protect the rights of individuals.
- Moreover, if a person or an organization violates someone’s human rights or fundamental rights, that individual can take legal action against the violator.
- In addition, these rights are essential parts of one’s life.
- Both human rights and fundamental rights aim to provide a distinguished lifestyle for people.
Difference Between Human Rights and Fundamental Rights
Definition
Human rights refer to the rights enjoyed by all human beings irrespective of race, sex, nationality, ethnicity, language, religion, or any other status, while fundamental rights refer to essential rights enjoyed by every citizen of a country irrespective of caste, creed, place of birth, religion, or gender.
Scope
Although human rights are universal, fundamental rights are country specific.
Protection
The constitution protects the fundamental rights of the citizens of a country, whereas human rights are protected internationally.
Application
Although United Nations Organization promotes and applies human rights, it’s the court law of a country that implements fundamental rights.
Documentation
The International Bill of Human Rights and a series of international conventions document human rights, but only the country’s national constitution outlines fundamental rights.
Conclusion
The main difference between human rights and fundamental rights is that human rights are the universal rights enjoyed by all individuals irrespective of nationality, race, gender, and ethnicity. Meanwhile, fundamental rights refer to the rights enjoyed by the citizen of a particular country that falls under the jurisdiction of the constitution.
Reference:
1. “What are human rights?” Equality and Human Rights Commission.
2. “Fundamental Rights in Sri Lanka.” C. Mathew & Co.
Image Courtesy:
1. “Cardboard Placards and Spray Paint with Human Rights Written” Photo by Sora Shimazaki (CC0) via Pexels
2. “Hands-team-united-together-people” (CC0) via Pixabay
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