What is the difference between human rights and fundamental rights?
The terms “human rights” and “fundamental rights” are often used interchangeably, but they do have some differences in their scope and meaning.
Human rights are universal rights that are inherent to all human beings, regardless of their nationality, ethnicity, gender, religion, or any other status. These rights are considered fundamental because they are essential for the dignity, well-being, and freedom of all individuals. Some examples of human rights include the right to life, liberty, and security of person, the right to freedom of expression and religion, and the right to education and healthcare.
Fundamental rights, on the other hand, are typically legal rights that are enshrined in the constitution or other national or international legal instruments. They are rights that are recognized and protected by law and are usually specific to a particular country or jurisdiction. Fundamental rights may include many of the same rights as human rights, but they are typically more narrowly defined and apply only to certain individuals or groups within a society.
Fundamental rights are enshrined in Part III of the Indian Constitution and include a set of legal rights that are considered essential for the protection and well-being of citizens. These rights are enforceable by law and include, among others, the right to equality before the law, the right to freedom of speech and expression, the right to life and personal liberty, the right to freedom of religion, and the right to education.
Here are some key differences between human rights and fundamental rights:
Human Rights:
- Are universal and apply to all human beings, regardless of citizenship or legal status
- Are inherent to human beings and are not dependent on any particular legal system or government
- Include a broad range of rights, such as the right to food, water, healthcare, education, and freedom from torture and arbitrary detention
- Are protected by international human rights treaties and conventions
- Are often seen as aspirational goals that countries should strive to uphold
Fundamental Rights:
- Are specific to citizens of a particular country and are given legal recognition and protection under the constitution or other legal instruments
- Are enforceable by law and can be upheld through the judicial system
- Include a set of legal rights that are considered essential for the protection and well-being of citizens, such as the right to equality before the law, freedom of speech and expression, and the right to life and personal liberty
- Can vary from country to country depending on the legal system and cultural context
- Are typically more narrowly defined than human rights
While human rights and fundamental rights may overlap in some areas, the main differences lie in their scope, universality, and legal recognition. Human rights are universal and apply to all individuals, while fundamental rights are specific to citizens of a particular country and are given legal protection within that country.
