Difference between Fundamental Rights and Human Rights

Key Difference: Fundamental Rights are rights that are granted by a government. These rights are awarded through the country’s constitution, and all people that fall under the jurisdiction of the constitution are granted these rights without presumption or cost of privilege. Human Rights are rights that each human should have. Human Rights are the rights that all human beings should have regardless of nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status.

Fundamental Rights are rights that are granted by a government. These rights are awarded through the country’s constitution, and all 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.

According to the United Nations Universal Declaration of Human Rights, the U.N. International Covenant on Civil and Political Rights, or the U.N. International Covenant on Economic, Social and Cultural Rights, there are some rights that are considered universally to be fundamental, such as the right to self-determination, right to liberty, right to due process of law, right to freedom of movement, right to freedom of thought, right to freedom of religion, right to freedom of expression, right to peaceably assemble, and the right to freedom of association.

Human Rights are rights that each human should have. These are the most basics rights that protect a human from other humans. Human Rights are the rights that all human beings should have regardless of nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status.

Human Rights are moral visions of rights that nearly everyone agrees a human should have. These include the right to life, as well as the freedom from torture, freedom from slavery, right to a fair trial, freedom of speech, freedom of thought, conscience and religion, and freedom of movement.

There are many crossovers between human rights and fundamental rights. Human rights are all basic rights that a person as a human should have, whereas fundamental rights are rights that are protected by law. Oftentimes, fundamental rights as protected by law also cover and protect human rights, after all human rights are rights that each and every human should have, regardless of their race, gender, social and economic status, etc. Hence for practical purposes, fundamental rights and human rights are the same, as most civilized countries cover human rights under fundamental rights. However, in legality they may be different, as only fundamental rights are covered by law, and some authoritarian countries may not cover human rights under their fundamental rights.

Comparison between Fundamental Rights and Human Rights:

 

Fundamental Rights

Human Rights

Description

The rights that are awarded through the country’s constitution and all people that fall under the jurisdiction of the constitution are granted these rights without presumption or cost of privilege.

Human Rights are rights that each human should have. These are the most basics rights that protect a human from other humans. Human Rights are moral visions of rights that nearly everyone agrees a human should have.

On basis of

Legality, Constitution

Morality, Humanity

Incorporates

  • Right to self-determination
  • Right to liberty
  • Right to due process of law
  • Right to freedom of movement
  • Right to freedom of thought
  • Right to freedom of religion
  • Right to freedom of expression
  • Right to peaceably assemble
  • Right to freedom of association
  • Right to life
  • Freedom from torture
  • Freedom from slavery
  • Right to a fair trial
  • Freedom of speech
  • Freedom of thought, conscience and religion
  • Freedom of movement

 

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