Fundamental Rights vs. Human Rights — What's the Difference?

Fundamental Rights and Human Rights represent essential yet distinct sets of entitlements within the realm of law and ethics. Fundamental Rights are enshrined in a nation’s constitution, ensuring specific protections, freedoms, and privileges to the citizens of that country. These rights are legally enforceable, meaning citizens can seek redress from the courts if they believe their fundamental rights have been violated. For instance, the right to equality and the right to freedom of speech are fundamental rights in many democracies.

Human Rights, on the other hand, are rights inherent to all human beings, irrespective of nationality, residence, ethnicity, or any other status. These are universal values and moral principles that emphasize the dignity, freedom, and equality of every individual on the planet. The concept of human rights is based on the recognition of the inherent dignity and worth of every human being. For example, the right to life and the right to education are considered human rights.

The essence of Fundamental Rights is their constitutional foundation, making them primarily a concern of national law, while Human Rights, with their universal and inherent nature, are a matter of international law. Fundamental Rights can vary significantly from one country to another, based on their respective constitutions, but Human Rights are universally applicable, transcending national and international boundaries.

In practice, Fundamental Rights often overlap with Human Rights, but their scope and applicability differ. Fundamental Rights are typically more concrete, focusing on legal provisions and protections within a specific national context, whereas Human Rights address broader moral and ethical considerations, seeking to establish a global standard of justice, equality, and dignity.