The Difference Between Human Rights And Fundamental Rights
Fundamental rights originated in France at the end of the 18th century with the Declaration of the Rights of Man and of the Citizen. The concept of human rights goes all the way back to the natural law established by the ancient Romans, which was based on the rational ideas of the time.
We understand the law as the set of legal standards established by the state to regulate the behavior of individuals. Non-compliance with these standards implies a legal sanction.
Thus, the law lays a foundation for social coexistence to provide security, equality, security, freedom and justice to all members. The purpose of the law is to establish harmony, order and social balance. The purpose of this article is to study these concepts, as well as their characteristics, differences, and social impact.
human rights
According to the definition of the law, we can introduce and understand human rights as a limitation imposed on the actions of the state with regard to individuals. This gives them a certain freedom according to their own quality as human beings.
Human rights are therefore indispensable to be able to live freely, with dignity and in a just and peaceful environment. All people have these rights, without exception. They make no distinction between gender, nationality, ethnicity, color, religion, residency status, language, political party, age, or social, cultural or financial condition.
Human rights are:
- Universal
- Inviolable
- Not transferable
- Not to be rejected
- mutually dependent
For example, international human rights law imposes an obligation on all countries to act in a determined manner to promote and protect the human rights and fundamental freedoms of an individual.
We can find the foundations of this set of rules in the Charter of the United Nations (1945) and the Universal Declaration of Human Rights (1948).
Fundamental rights
For a fundamental right to exist, there must first be a human right. We can think of a fundamental right as the guarantee a country offers to individuals living within its borders. These rights are governed by the Magna Carta in the constitutions of every state, simply because they are fundamental to every human being.
They are different from other rights enshrined in the constitutions. This is because they are inalienable (obtained at birth) and cannot be the subject of transaction or exchange.
In addition, the defense of fundamental rights is usually a quick process in judicial terms in democratic societies. This is because we regard them as a fundamental pillar of society. In this way we see that each country has its own fundamental rights. Unfortunately, they are not respected in many countries.
The difference between human rights and fundamental rights
The main difference is territorial. Human rights are universal, without any limitations. A fundamental right, on the other hand, exists within a specific legal system, with the limitations that the law assigns. Therefore, the concept of fundamental rights dominates in state laws.
A fundamental right is primarily a right created by the constitution. Therefore, we must take into account the existence of a law to constitute a fundamental right.
Human rights have a much broader context than that of fundamental rights. We can see that the distinction between human rights and fundamental rights is important. However, not all human rights are recognized as fundamental rights.
So we see that in internal state regulations, and especially in constitutional doctrine, there is a distinction between fundamental rights and human rights. This distinction therefore has a number of consequences for the internal regulation of states.
