Difference Between Human Rights and Fundamental Rights: Why Are They Important?

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The main difference between human rights and fundamental rights is that human rights are universally recognised, while fundamental rights are unique to a single nation. Read this article to learn more about the differences between the two.

“Rights” often refers to the legal or moral claim to anything. Legally speaking, rights are defined as a person’s legitimate claims that are recognised by society and sanctioned by statute. The rights that are essential to a nation’s residents’ daily lives are referred to as fundamental rights.

On the other hand, human rights refer to the rights of every individual, regardless of their nationality, race, caste, religion, gender, or other characteristics.

What are Fundamental Rights?

As the name implies, fundamental rights are the basic liberties enjoyed by all citizens of a nation that have been upheld by the Supreme Court and accepted by the general public. These are known as fundamental rights because they are protected by the Constitution and are enforceable in court. If a person’s rights are violated, they can move to court to have those rights upheld.

Everyone is equally entitled to the protection of their Fundamental Rights, irrespective of their caste, religion, gender, race, origin, etc. It protects civil liberties, enabling all national residents to live their lives as they see fit.

The fundamental rights set in India are mentioned below:

  • Right to freedom
  • Right to equality
  • Right to freedom of religion
  • Right to constitutional remedies
  • Cultural and Educational rights
  • Right against exploitation
  • Right to Privacy

Importance of Fundamental Rights

Fundamental rights are important, and our constitution respects that. Dr. B. R. Ambedkar says these are the most citizen-friendly provisions of the body. They were deemed essential in safeguarding the populace’s liberties and entitlements against the misuse of the power bestowed upon their government. Since fundamental rights constitute the foundation of the country, they are extremely important.

The core values that the general public has upheld since the Vedic period are embodied in these rights. They include a foreseeable pattern in the fundamental basis of human rights. Instead of permitting the state to encroach on personal freedom in any way, it places negative obligations on the state. An individual cannot reach his or her entire conceptual, ethical, and spiritual potential without them. They stand up for the nation’s unity, individual respect, and the rights of all individuals.

Below are the points mentioned to describe the same:

Law and Order: Rather than being the rule of a state or an individual, these rights protect citizens against the state and are necessary for the existence of the legal system. Since these rights are guaranteed to the people by the Constitution, the government is not allowed to violate them. These rights must be protected by the government, which is fully answerable to the court.

The first impact of the liberation struggle is that, after so long of being in slavery, people have forgotten what freedom means. They are independent of the government’s whims now. In that sense, they represented the first fruits of the protracted struggle for independence and offered a sense of fulfilment and satisfaction.

Freedom Abstract Reasoning: In India, everyone is allowed to practice their favourite religion; in the Gulf countries, this is not the case. 

What are Human Rights?

Human rights are fundamental moral claims that are universal, unalienable and belong to every human being. They are also essential to a fulfilling life.

Regardless of caste, creed, nationality, place of birth, citizenship, or any other position, these are necessary for every human. Everybody is entitled to the same human rights, without exception.

Human rights are fundamental freedoms that support justice, equality, and dignity for all. These are crucial for the advancement of society since they outlaw many wrongdoings, including inequality, discrimination, exploitation, and injustice.

Freedom from discrimination, the right to life, equality before the law, liberty and personal security, the right to education, the freedom of thought, the right to free movement, and other rights are some examples of common human rights.

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Importance of Human Rights

Human rights have garnered more attention and awareness in recent decades. The Universal Declaration of Human Rights, published by the United Nations in 1948, is now regarded as the cornerstone document for basic equality and human dignity. Why are human rights important? These are ten particular reasons why:

  1. Human rights ensure people have basic needs met
  2. Human rights protect vulnerable groups from abuse
  3. Human rights allow people to stand up to societal corruption
  4. Human rights encourage freedom of speech and expression
  5. Human rights give people the freedom to practice their religion (or not practice any)
  6. Human rights allows people to love who they choose
  7. Human rights encourage equal work opportunities
  8. Human rights give people access to education
  9. Human rights protect the environment
  10. Human rights provide a universal standard that holds governments accountable

Difference Between Human Rights and Fundamental Rights

The difference between human rights and fundamental rights is very important to be understood by any citizen. Therefore, the major differences between human rights and fundamental rights are given below:

MeaningAs written in the constitution, these are the primary rights of the citizens of the nation.Enforceable by the United Nations Organization
IncludesBasic Rights OnlyBasic and Absolute Rights
ScopeIt is country-specificIt is universal
Basic PrincipleRight to freedomRight to life with dignity
GuaranteeConstitutionally guaranteedInternationally guaranteed
EnforcementEnforceable by the court of lawEnforceable by United Nations Organization
OriginOriginated from the views of democratic
Originated from the ideas of civilized nations

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Name any 3 universal human rights.

There are a lot of human rights made to be followed by the people. 3 universal human rights are:
The right to education and to reap the rewards of freedom of culture and scientific advancement.
The freedom to operate on equal & favourable terms.
The right to social security, to an acceptable standard of living, and the best attainable physical and mental well-being levels, etc.

What are some human rights concerning the Indian Constitution?

A few of the human rights concerning the Indian Constitution are:
The right to equality and freedom from discrimination.
The right to life, liberty, and personal security.
Freedom from torture and degrading treatment.
The right to equality before the law.
The right to a fair trial.

What is the basic difference between human rights and fundamental rights?

The major difference between human rights and fundamental rights is that fundamental rights are followed by the people of the nation, whereas, human rights need to be followed by every human, regardless of the nation they live in.

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