DIFFERENCE BETWEEN HUMAN RIGHTS AND FUNDAMENTAL HUMAN RIGHTS

The primary difference between human rights and fundamental rights lies in their scope and
source of authority.

Human rights

Human rights are universal entitlements that belong to every individual by virtue of being
human, regardless of nationality or location, and are recognized at the international level.

Fundamental human rights

Fundamental human rights are a specific subset of rights that are enshrined in a country's
constitution and are legally enforceable within that nation’s territory.

Key Differences Between Human Rights and Fundamental Rights

Feature Fundamental Rights Human Rights

Definition Primary rights of citizens written in a Basic, inherent, and inalienable rights
national constitution. that all human beings enjoy, regardless
of their nationality, race, sex, or
religion.
Scope Country-specific; they vary between Universal; they apply to all humans
nations. globally.
Legal Source A country's Constitution or statutes. International law, treaties (e.g.,
UDHR).
Enforcement Enforced by national courts (e.g., Enforced primarily by international
States and Federal High Court). bodies like the United Nations.
Core Based on the principle Based on the right to life with dignity.
Principle of freedom and civil liberty.
Changeability Can be amended, repealed, or In theory, they are inalienable and do
suspended (e.g., during national not change
emergencies

Detailed Comparison
• Universal vs. Territorial:

Human rights are inherent to all human beings regardless of race, gender, or nationality.
Fundamental rights have territorial limitations and only apply within the boundaries of a specific
state.

• Subset Relationship:
All fundamental rights are human rights, but not all human rights are necessarily recognized as
fundamental rights in every country.
 • Protection Mechanisms:
Fundamental rights are protected by constitutional guarantees, offering easy and effective legal
remedies, such as writ jurisdiction, if they are violated. While human rights are globally
recognized, they often lack a similarly effective, immediate enforcement machinery compared
to domestic state courts.

• Inherent vs. Granted:

Human rights are often viewed as moral or philosophical claims that exist from birth.
Fundamental rights are legally recognized claims approved by a society and approved by
statute to ensure sustainable development and peace within a nation.

INTERNATIONAL BILL OF RIGHTS

Following the second world war, a series of declarations and covenants began to articulate
universal human rights. In 1948, for the first time, countries agreed on a comprehensive list of
inalienable human rights. In December of that year, the United Nations General Assembly adopted
the Universal Declaration of Human Rights (UDHR), a milestone that would profoundly influence
the development of international human rights law.

In December 1966, the UN General Assembly adopted two international treaties that would further
shape international human rights: the International Covenant on Economic Social and Cultural
Rights (ICESCR), and the International Covenant on Civil and Political Rights (ICCPR). These
are often referred to as “the International Covenants.” Together, the UDHR and these two
Covenants are known as the International Bill of Human Rights.

The rights covered by the Covenants

The ICESCR and the ICCPR set out the civil, political, economic, social, and cultural rights that
everyone is entitled to:

ICCPR ICESCR
• Freedom from discrimination • Freedom from discrimination
• Right to equality between men and women • Right to equality between men and women
• Right to life • Right to work
• Freedom from torture • Freedom to choose and accept work
• Freedom from slavery • Right to just and favourable conditions at work
• Right to liberty and security of person • Right to form trade unions
• Right to be treated with humanity in • Right to strike
detention • Right to social security
• Freedom of movement • Right of mothers to special protection before
• Freedom of non-citizens from arbitrary and after birth
expulsion • Freedom of children from social and economic
• Right to fair trial exploitation
• Right to recognition before the law • Right to an adequate standard of living
• Right to privacy • Freedom from hunger
• Freedom of religion and belief • Right to health
• Freedom of expression • Right to education
• Right of peaceful assembly • Freedom of parents to choose schooling for
• Freedom of association their children
• Right to marry and found a family • Right to take part in cultural life
• Right of children to birth registration and • Right to enjoy the benefits of science
a nationality • Right of authors to moral and material interests
• Right to participate in public affairs in works.
• Right to equality before the law • Freedom to undertake scientific research and
• Minority rights creative activity

Responsibilities of States

The Covenants identify the responsibilities placed on States to respect, protect, and fulfill those
rights:

1. Responsibility to Respect
States must refrain from interfering directly or indirectly with these rights. For example, the State
must not torture you or make you a slave. The State cannot force you to work in an area you have
not freely chosen or stop you from speaking your language.

2. Responsibility to Protect
States must take measures to make sure that others, such as businesses, political groups, or other
people, do not interfere with these rights. For example, the State must stop people from using hate
speech against you because of where you are from or who you are. And the State has to make sure
that private companies provide a fair wage for your work and do not give different salaries to men
and women who do the same job.
3. Responsibility to Fulfill
States must take steps to realize rights. For example, the State has to provide interpretation during
trials if the accused cannot speak the language spoken in Court. The State must provide budgets to
make sure everyone can access medicines and be free from hunger.

Examples of violations

Civil, political, economic, cultural, and social rights can be violated through various means.
Violations occur when a Government fails in its obligations to respect, protect, and fulfil these
rights. Often, a violation of one of these rights is linked to a violation of other rights. Examples
include:

1. Forcibly evicting people from their homes (the right to adequate housing and the right to
choose their place of residence)
2. Water treatment facilities contaminating drinking water (the right to health and the right
to life)
3. Failure to ensure a minimum wage sufficient for a decent living (the right to work and
the right to equality before the law)
 4. Denying a person access to information and services related to sexual and reproductive
health (the right to health and the right to life)
5. Systematically segregating children with disabilities from mainstream schools (the right
to education and the right to equality and non-discrimination)
6. Banning the use of minority or indigenous languages (the right to participate in cultural
life and the right, in community with the other members of their group, to enjoy their own
culture, to profess and practice their own religion, or to use their own language.

Ratification status of the Covenants by country

The International Bill of Human Rights is a powerful statement of your rights and should
persuade all Governments to respect your rights. For the two Covenants to become binding, they
must be ratified by the government. This implies that the government expressly agrees to abide
by them. Nigeria has ratified the ICCPR and ICESCR

How the Covenants are monitored

The UN Human Rights system uses different mechanisms to monitor how well the world is doing
to ensure that everyone enjoys the rights set out in these Covenants. The human rights treaty
bodies are among those mechanisms. The treaty bodies are committees of independent experts that
monitor implementation of the 10 core international human rights treaties, including the CCPR
and the CESCR.

The following treaty bodies are responsible for monitoring the CCPR and the CESCR:

➢ The Human Rights Committee monitors the CCPR, and

➢ The Committee on Economic, Social, and Cultural Rights monitors the CESCR

EVOLUTION OF SOCIO-ECONOMIC RIGHTS

Socio-economic rights evolved from 19th-century grassroots labor movements into a core
component of modern international law, formalized after World War II in the Universal
Declaration of Human Rights (UDHR) of 1948. These rights—including the right to work,
education, health, and social security—were later codified as legally binding in the International
Covenant on Economic, Social, and Cultural Rights (ICESCR) of 1966. While historically viewed
as "second-generation" rights requiring progressive realization based on a state's resources,
modern jurisprudence increasingly emphasizes their indivisibility and interdependence with civil
and political rights.

1. Pre-20th Century: Grassroots and Labor Movements

Before the rise of modern welfare states, socio-economic rights were primarily pursued through
local and transnational networks of mutual aid and labor activism.
• Industrialization Era: Early industrialization and the rise of a working class led to new
demands for dignity beyond simple non-interference from the state.
 • Labor Associations: In the 19th century, European working-class movements fought for
the right to work, strike, and unionize. For example, French silk workers in the 1830s
viewed unionizing as an inalienable right.
• Mutual Aid: Before states provided social safety nets, workers built their own networks
for sickness allowances, unemployment compensation, and travel subsidies.

2. 1919–1948: International Formalization

The early 20th century saw the first formal international efforts to standardize socio-economic
protections. Examples of these efforts include:
• International Labour Organization (ILO): Founded in 1919 under the League of
Nations, the ILO adopted conventions to improve global labor standards, such as fixing
minimum wages and limiting working hours.
• The UN Charter (1945): The source of modern global promotion of human rights,
including general provisions for social and economic cooperation (Article 55).
• The UDHR (1948): Articles 22–27 of the UDHR recognized socio-economic rights
alongside civil and political rights without distinction, establishing them as universal
human rights.

3. 1950–1990: Cold War Divergence and Codification

During the Cold War, ideological differences between the Western and Eastern blocs led to a
formal split in how these rights were categorized.
• The Split (1952–1966): Due to tensions, the UN decided to split the proposed single
covenant into two separate documents: the International Covenant on Civil and Political
Rights (ICCPR)and the ICESCR.
• Progressive Realization: Unlike civil rights (which require immediate state restraint),
the ICESCR requires states to take "progressive action" to fulfill socio-economic rights
according to their available resources.
• Regional Treaties: Key regional documents emerged to protect these rights, including
the European Social Charter (1961) and the African Charter on Human and Peoples'
Rights (1981).

Modern Era: Indivisibility and Justiciability

Since the 1990s, there has been a shift back toward viewing all human rights as a single,
interconnected framework.
• Vienna Declaration (1993): This landmark declaration reaffirmed the universality,
indivisibility, and interdependence of all human rights.
• Constitutional Incorporation: Modern constitutions, notably in South Africa, have
enshrined socio-economic rights as justiciable (legally enforceable). For instance, the
South African Constitutional Court has ordered the government to provide HIV drugs to
pregnant women and create housing programs.
• Newer Generations: Beyond the traditional "second-generation" rights, "third-
generation" rights now focus on sustainability and the environment, while a "fourth-
generation" is developing to address digital rights and cybersecurity.
Universality, Indivisibility, Interdependence, and Interrelationship of Human Rights

Vienna Declaration and Programme of Action 1993

The Vienna Declaration and Programme of Action, adopted by 171 states in June 1993, is a
landmark human rights document establishing that all human rights are universal, indivisible,
interdependent, and interrelated. It established the Office of the High Commissioner for Human
Rights (OHCHR) and prioritized economic, social, and cultural rights, including the right to
development.

Key aspects include:

• Universality Reaffirmed: Human rights are inalienable and apply to everyone, regardless
of cultural, historical, or religious backgrounds.
• Human Rights Machinery: It led to the creation of the UN High Commissioner for
Human Rights.
• Focus Areas: The declaration emphasizes the rights of vulnerable groups, specifically
women, children, minorities, and indigenous people.
• Right to Development: It emphasizes that development is a human right and that its lack
cannot be used to justify the infringement of rights.
• Actionable Goals: It pushed for the ratification of the Convention on the Rights of the
Child and called for the elimination of gender-based violence and discrimination.

The 1993 Vienna conference reaffirmed the UN's commitment to prioritizing human rights as a
"legitimate concern of the international community," strengthening the legal and practical
framework for global protection.

Significance of the International Bill of Rights

The significance of the International Bill of Rights includes:

1. Foundation of Human Rights Law

It acts as the cornerstone for subsequent legally binding treaties, national constitutions, and
global laws, ensuring all individuals are born free and equal.

2. Universal Standards

It sets agreed-upon norms for rights globally, regardless of nationality, gender, or religion.

3. Accountability Tool

Organizations and individuals use the documents to challenge state abuses, such as arbitrary
detention, torture, or violations of economic rights.

4. Comprehensive Coverage
 It balances civil and political rights (e.g., freedom of speech, fair trial) with economic,
social, and cultural rights (e.g., education, fair work conditions), ensuring holistic protection
of individuals.

5. Moral Benchmark

The instruments, particularly the UDHR, serve as a moral compass for protecting vulnerable
groups and fostering international solidarity against injustice.