Human and fundamental rights

Human rights refer to inalienable guarantees universally enshrined, regardless of the type of person and the nation in which they live; Fundamental rights, on the other hand, refer to guarantees enshrined in the same country, that is, they enjoy a certain localism that is exhibited in its constitution and indigenous regulations.

Human rightsFundamental rights
DefinitionThey are universal and inalienable rights that every human being in the world has.They are the rights enshrined in the most substantive constitutions and local laws of each particular nation.
Regulation organismThe United Nations (UN).The Nation State.
Documents that gave them birthUniversal Declaration of Human Rights (1948).Constitution and laws of each State.
ScopeUniversal / internationalLocal / national
ExamplesRight to life and equality before the law.Right to identity and freedom of thought.

Definition of human rights

Human rights refer to those that are universal and typical of all human beings for the mere fact of being, no matter the nation, race, ethnicity, creed or whatever . They are rights that are acquired naturally from birth, therefore, all people in the world enjoy them.

Human rights treaties tend to have a constitutional preponderance, in terms of hierarchy; but they also serve to protect any citizen who is violated by the actions of the State. We speak of physical, moral, economic and cultural violation.

These were enshrined and disclosed for the first time in the Universal Declaration of Human Rights, promoted by the United Nations in 1948, just after the end of the Second World War. In some way it served as a legal limit to the atrocities committed in the war.

Human Rights, then, have an international scope, having to be accepted by the various constitutions of the world, as magnum charts of each country.

Examples of human rights

Within the examples of the same human rights, a classification can be made into two broad categories. The first refers to those civil and political rights .

  • 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.

However, there is another category of human rights, which we can classify as economic, social and cultural rights. 

  • Right to work.
  • Right to housing.
  • Education rights.
  • Right to health.
  • The right to live in an environment that favors physical and mental health.
  • The right to social protection.
  • The right to participate in the cultural activity of the community to which one is a part.

Definition of fundamental rights

Fundamental rights refer to those typical of a country, which are both framed in the constitution or national constitution , as well as in those laws that, for example, have a legislative treatment (beyond the enormous variety that may exist between countries and interference in this sense of the executive power).

These provisions have been and are created by the states to obtain a climate of peace, harmony and development for their citizens. If human rights are international or universal, they can be classified as local or national. And the latter is due to the fact that its recognition and compliance occurs within the borders of the various countries.

Examples of fundamental rights

For logical reasons, we cannot refer to the fundamental rights of each constitution of a specific country, so we have the most generic ones found in the republics of the world.

  • The right to life.
  • The right to identity.
  • The right to free association.
  • The right to property.
  • The right to defend national sovereignty.
  • Right to honor and freedom.
  • Right to freedom of thought.
  • Right to choose one’s residence.
  • Right to physical integrity.

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