What is the Difference Between Human Rights and Fundamental Rights?

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The difference between human rights and fundamental rights lies in their scope, legal nature, and enforceability. Here are the key distinctions between the two:

  • Scope: Human rights are universal and apply to all individuals, regardless of their nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. Fundamental rights, on the other hand, are specific to a particular nation and exist within a specific legal system.
  • Legal Nature: Human rights are inherent to all human beings and are based on the ideas of civilized nations. Fundamental rights are derived from the views of a democratic society and are enforceable under the law of the country.
  • Enforceability: Both human rights and fundamental rights are enforceable in nature, but the former is enforced by international organizations like the United Nations, while the latter is enforced by law courts within the country.

In summary, human rights are universal and apply to all individuals globally, while fundamental rights are specific to a particular country and are enforceable under its legal system. Human rights are based on the ideas of civilized nations, and fundamental rights are derived from the views of a democratic society.

Comparative Table: Human Rights vs Fundamental Rights

Here is a table comparing the differences between human rights and fundamental rights:

Feature Human Rights Fundamental Rights
Guarantee Internationally guaranteed Constitutionally guaranteed
Enforcement Enforceable by the United Nations Organization Enforceable by the court of law
Origin Originated from the ideas of civilized nations Originated from the views of a democratic society
Scope Universal and applicable to all individuals worldwide Specific to a country's constitution or legal system
Purpose To protect and promote the dignity, freedom, and well-being of individuals To protect and promote the dignity, freedom, and well-being of individuals in a specific country

In summary, human rights are universal rights inherent to all humans and protected by international law, while fundamental rights are rights specific to a country's constitution and legal system. Both human rights and fundamental rights aim to protect and promote the dignity, freedom, and well-being of individuals.