Unit- 1 Introduction Human Rights and Fundamental Rights

1.1 Introduction:1

Every person has dignity and value. One of the ways that we recognize the fundamental worth of
every person is by acknowledging and respecting their human rights.

Human rights are a set of principles concerned with equality and fairness. They recognize our
freedom to make choices about our lives and to develop our potential as human beings. They are
about living a life free from fear, harassment or discrimination.

Human rights are the same for all people everywhere – men and women, young and old, rich and
poor, regardless of our background, where we live, what we think or what we believe. This is
what makes human rights ‘universal’.

Literal Meaning of the Terms:

HUMAN: belonging to or relating to people, Homo sapiens

• The term man has traditionally referred to humans in general, or humankind.

RIGHT: A right is a power or privilege to which a person has a just claim.

• That to which a person has a just or lawful claim.

• That which is morally or socially correct or just; fair treatment.

• A moral or legal entitlement to have or do something.

Definition of human rights according to UN:2

Human rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. Human rights include the right to life and
liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work
and education, and many more.  Everyone is entitled to these rights, without discrimination.

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https://humanrights.gov.au
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https://www.un.org/
There are some definitions from some jurists:

According to Susan Moer; “Human rights as a claim to something of crucial importance.”

According to Stanford Encyclopedia; 3

Human rights are norms that aspire to protect all people everywhere from severe political, legal,
and social abuses

In short we can define Human rights are inherit to all humans beings regardless of nationality,
race, sex, ethnicity, religion or any other status. Human rights can’t be eliminated although they
can be confined sometimes from breaking laws or national security.

Objectives of Human Rights:

To protect humans.

For development of humans.

To valuve human dignity.

To promote social justice, democracy and friendship among humans.

Sources of human rights:

 International contracts.
 International customs.
 Juditional decisions.
 Official documents.

Principles of human rights:4

Human rights law obliges governments to do some things, and prevents them from doing others.
Individuals also have responsibilities: in using their human rights, they must respect the rights of
others. No government, group or individual person has the right to do anything that violates
another’s rights. 

Universality and inalienability

Human rights are universal and inalienable. All people everywhere in the world are entitled to
them. No one can voluntarily give them up. Nor can others take them away from him or her. 

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https://plato.stanford.edu
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https://www.unicef.org/
Indivisibility

Human rights are indivisible. Whether civil, political, economic, social or cultural in nature, they
are all inherent to the dignity of every human person. Consequently, they all have equal status as
rights. There is no such thing as a 'small' right. There is no hierarchy of human rights. 

Inter-dependence and inter-relatedness

The realization of one right often depends, wholly or in part, upon the realization of others. For
instance, the realization of the right to health may depend on the realization of the right to
education or of the right to information. 

Equality and non-discrimination

All individuals are equal as human beings and by virtue of the inherent dignity of each human
person. All human beings are entitled to their human rights without discrimination of any kind,
such as race, color, sex, ethnicity, age, language, religion, political or other opinion, national or
social origin, disability, property, birth or other status as explained by the human rights treaty
bodies.

Participation and inclusion

Every person and all peoples are entitled to active, free and meaningful participation in,
contribution to, and enjoyment of civil, political, economic, social and cultural development,
through which human rights and fundamental freedoms can be realized. 

Accountability and rule of law

States and other duty-bearers must comply with the legal norms and standards enshrined in
human rights instruments. Where they fail to do so, aggrieved rights-holders are entitled to
institute proceedings for appropriate redress before a competent court or other adjudicator, in
accordance with the rules and procedures provided by law. 

Universal Declaration of Human Rights

The Universal Declaration of Human Rights is a declaration (something said in an important

1.3 Difference Between Human Rights and Fundamental Rights6

1. Human rights refer to the rights enjoyed by while fundamental rights refer to essential rights
all human beings irrespective of race, sex, enjoyed by every citizen of a country irrespective
nationality, ethnicity, language, religion, or
any other status, of caste, creed, place of birth, religion, or gender.

2. Although human rights are universal fundamental rights are country specific.
3. human rights are protected internationally. The constitution protects the fundamental rights of
the citizens of a country
4. United Nations Organization promotes and court law of a country implements fundamental
applies human rights, rights.

5. The International Bill of Human Rights and only the country’s national constitution outlines
a series of international conventions fundamental rights.
document human rights,

Conclusion

The main difference between human rights and fundamental rights is that human rights are the universal
rights enjoyed by all individuals irrespective of nationality, race, gender, and ethnicity. Meanwhile,
fundamental rights refer to the rights enjoyed by the citizen of a particular country that falls under the
jurisdiction of the constitution.

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Quora
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Source: https://pediaa.com/what-is-the-difference-between-human-rights-and-fundamental-rights/