Salient differences between Fundamental rights and Human rights

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Offline Nahid Afreen

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Salient differences between Fundamental rights and Human rights
« on: November 09, 2018, 10:19:53 PM »
Differences between fundamental rights and human rights are given below in points:

1. The elemental rights of the citizens of a country, which are mentioned in the constitution and enforceable under the law are known as fundamental rights. On the other hand, human rights are the rights that a human being needs to survive with respect and freedom.
2.  Fundamental rights include only those rights which are basic to a normal life. Conversely, human rights include those rights which are basic to a real life and are absolute, i.e. it cannot be taken away.
3.  While fundamental rights are country-specific, i.e. these rights may vary from country to country, human rights have a global acceptance, meaning that all human beings enjoy these rights.
4.  The fundamental rights rely on the basic principle of the right of freedom. As against, human rights are based on the right to life with dignity.
5.  Fundamental rights are guaranteed under the constitution of the country, whereas human rights are recognized at an international level.
6.  Both fundamental and human rights are enforceable in nature, but the former is enforced by the law court, and the latter is enforced by the United Nation Organization.
7.  Fundamental rights are derived from the views of a democratic society. Contrarily, human rights emerge from the ideas of civilized nations.
Nahid Afreen
Assistant Professor
Department of Law (FHSS)
Daffodil International University,
Advocate, Supreme Court of Bangladesh
Email: afreen.law@diu.edu.bd