Saturday, 17 August 2019

Relation between Fundamental right and human right

The rights which are fundamental to the life of the citizens of a country are known as fundamental rights.
The Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948 outlines what is considered in this century to be the fundamental consensus on the human rights of all people in relation to such matters as security of person, slavery, torture, protection of the law, freedom of movement & speech, religion, and assembly, and rights to social security, work, health, education, culture, & citizenship. It clearly stipulates that these human rights apply to all equally “without distinction of any kind such as race, color, sex, language… or other status” (Art.2). Human rights imply the rights that belong to all the human beings irrespective of their nationality, race, caste, creed, gender, etc.
The main difference between fundamental rights and human rights is that the fundamental rights are specific to a particular country, whereas human rights has world wide acceptance.

Fundamental Rights as the name suggests, are the basic rights of the citizens of a country that are approved by the Supreme court and recognized by the society. These are enshrined in the constitution and they are enforceable in the court of law, in the sense that if there is any kind of violation of the right the individual can go to the court for the protection of his/her right, that is way they are known as fundamental rights.
Some of the common human rights are, freedom from discrimination, right to life, equality before the law, liberty and personal security, right to education, freedom of thought, right to free movement, etc.
While fundamental rights are country specific, i.e. these rights may vary from country to country, human rights have a global acceptance, meaning that all the human beings enjoy these rights.
Fundamental rights are guaranteed under the constitution of the country, whereas the human rights are recognised at international level.
Both fundamental and human rights are enforceable in nature, but the former is enforced by the law court, and the latter is enforced by the United Nation Organization.
Fundamental rights are derived from the views of a democratic society. Conversely, human rights emerge from the ideas of civilised nations.
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