Concept of Fundamental Rights & Human rights.

Concept of Fundamental Rights & Human rights.

Introduction:

                        Before understanding fundamental rights are should have idea about rights and human rights. Rights mean a claim of some interests adverted by an individual or a group of individual which has either moral or legal basis and which is essential for his development in the society. In a sense right not created by law it originates itself as an obvious result of mutual interaction between man and society.

Human rights:

The term human right which does not mean any right is used in special sense. Human rights are those of legal and moral rights which can be claimed by any person because he is a human being. These rights come with birth and applicable to all people through out the world irrespective of their race, color, sex, language or political or other opinion. Human rights have two inherent characteristic.

1. Universal Inherence.
2. Inalienability.

Universal Inheritance: Universal inherence means these rights which are universally inherent in all human beings and any one can claim these rights after his birth.

Inalienability: Inalienability is an essential feature of human rights that means these rights can not be taken away. Human rights are rights that existed before the state and these are natural and inalienable rights.

Fundamental rights:

The term fundamental right is a technical one, when certain human rights are written down in a Constitution and protected by constitutional guarantees they are called fundamental rights. They are called fundamental rights in that sense that they are placed in the supreme or fundamental law of the land. Bangladesh constitution confers a number of substantive fundamental rights on every citizen of Bangladesh e.g. the right to freedom of expression, assembly, association, movement and profession.

 

Distinction between Human Rights and Fundamental Rights.

There are some Fundamental distinction between fundamental rights and human rights:

Number	Fundamental Rights	Human Rights
First	All fundamental rights are human rights. Fundamental rights are like genus.	All human rights are not fundamental rights. Human rights are like species.
Second	The source of fundamental rights is the constitution.	The source of human rights is the international law.
Third	Fundamental rights have territorial limitation i.e. they have no application outside a particular state.	Human rights have no territorial limitation, they have universal application.
Fourth	Fundamental right are protected and guaranteed by the constitutional and it can be enforced by the state courts.	There is no effective enforcement of human rights.
Fifth	Fundamental rights are largely applicable to the citizens.	Human rights are universally applicable to the human being.
Sixth	Fundamental rights are primarily aimed at assuring political freedom to citizens by protecting them against excessive state action.	Human rights are aimed at securing social and economics freedom by appropriate state action.