Difference between human rights and fundamental rights

Human rights are all universally enshrined and inalienable guarantees for all people from the moment they are born, regardless of race, nationality or religion and are governed by conventions and treaties that bind the member States to comply with them.

Fundamental rights are the enshrined guarantees for all citizens or residents of a country and are framed in the constitution and local laws.

The difference between human rights and fundamental rights is that human rights are of a universal nature (they protect all individuals), therefore, they do not depend on the States, and by having an international scope they go beyond what is provided by the constitution or the laws of a country, which is why they are mandatory compliance

For their part, fundamental rights are the guarantees that apply exclusively to citizens or residents of a given territory, the scope is national and the provisions and compliance depend on the State.

Human rights Fundamental rights
definition They are the guarantees that all people have since they are born. They are the guarantees that citizens or residents of a country have.
Organization on which they depend The organization of the United Nations (UN). The state.
Document that consecrates them Universal Declaration of Human Rights (1948). The constitution and laws of each State.
reach universal national
examples
  • right to life
  • Right to freedom of expression.
  • Right to free movement.
  • Right to free association.
  • Right to defend national sovereignty.
  • Right to private property.

What are human rights?

Human rights are all rights that are naturally acquired from birth, therefore, every person in the world has them.

The essential function of human rights is to protect citizens from any State action that may violate their physical, moral, economic or cultural integrity. They were first disclosed in the Universal Declaration of Human Rights promoted by the United Nations in 1948, just after the end of the Second World War, as a way to prevent the injustices that were committed during the war from repeating themselves. to repeat

Human rights have an international scope, therefore they have a higher authority than the rights enshrined in the constitution or laws of a country.

The Universal Declaration of Human Rights contemplates 30 articles that are currently usually classified into 2 large categories:

Civil and political rights

They are the set of human rights that guarantee the participation of citizens in the political and civil life of the State of which they are a part.

Among some examples of civil and political human rights most important stand out:

  • The right to life.
  • The right to gender equality and non-discrimination.
  • The right to equality before the law.
  • The right to freedom of expression.
  • The right to move freely.
  • The right to participate in the political life of the country of which one is a citizen.

Economic, social and cultural rights

Economic rights allow individuals to develop their potential and contribute to the society of which they are a part.

Among some examples of social and cultural human rights they meet:

  • The right to work.
  • The right to housing.
  • The right to health.
  • The right to education.
  • The right to social protection.
  • The right to live in an environment that promotes physical and mental health.
  • The right to participate in the cultural life of the community of which it is a part.

See also:

What are fundamental rights?

Fundamental rights are those legal provisions created by States to guarantee mechanisms that ensure peace and social coexistence and are recognized by citizens.

Fundamental rights are outside the scope of international law because they only concern the national sphere, that is to say, knowledge and compliance must occur within the territory of a State.

The constitution of a country is the most relevant document where the fundamental rights of its citizens are established, for this reason, they are also known as constitutional rights.

On the other hand, the legal mechanisms through which compliance with the aforementioned rights will be sought are known as fundamental guarantees.

Constitutional rights vary according to what is provided in the Magna Carta of each country. These are just a few examples of fundamental rights:

  • The right to life.
  • The right to identity.
  • The right to property.
  • The right to free association.
  • The right to defend national sovereignty.

See also:

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