WHAT ARE HUMAN RIGHTS?
HOW ARE THEY DIFFERENT FROM
FUNDAMENTAL RIGHTS OF THE CONSTITUTION?
WHAT ARE HUMAN RIGHTS? HOW ARE THEY DIFFERENT FROM FUNDAMENTAL RIGHTS
OF THE CONSTITUTION?
INTRODUCTION
Human rights and fundamental rights are two of the most important concepts in modern legal and
political theory. They protect the dignity, freedom, and well■being of individuals, but they do so
from different legal sources and through different enforcement mechanisms. Human rights come
from international law and apply to every person in the world, whereas fundamental rights come
from a country’s constitution and apply within that nation. Both are essential for ensuring justice and
equality, yet they are often confused with each other. This essay provides a detailed explanation of
both concepts, highlights their sources, nature, legal force, enforcement mechanisms, limitations,
and key differences. It also explains why understanding these rights is important for students,
citizens, and policymakers.
WHAT ARE HUMAN RIGHTS?
Human rights are basic entitlements that every person possesses simply because they are human.
They are not created by any government, law, or constitution; instead, they are universal and
inherent. The idea of human rights became globally recognized after World War II when the United
Nations adopted the Universal Declaration of Human Rights (UDHR) in 1948. This historic
document lists rights such as the right to life, freedom from torture, freedom of speech, the right to
education, and the right to equality. The UDHR is not legally binding, but it has inspired more than
sixty human rights treaties around the world, making it the foundation of international human rights
law. Two major legally binding human rights treaties are:
• The International Covenant on Civil and Political Rights (ICCPR)
• The International Covenant on Economic, Social and Cultural Rights (ICESCR)
Together with the UDHR, these form what is called the “International Bill of Human Rights.” Human
rights apply to all individuals, regardless of country, religion, gender, race, or nationality. They are
universal (for everyone), inalienable (cannot be taken away), and indivisible (all rights are equally
important). Human rights aim to protect the basic dignity of every person and ensure that
governments treat people fairly.
WHAT ARE FUNDAMENTAL RIGHTS?
Fundamental rights are rights guaranteed and protected by a country’s constitution. They are part
of the supreme law of the land and can be enforced directly in national courts. These rights vary
from country to country, depending on the constitution. For example, in Pakistan, fundamental
rights are listed in Articles 8 to 28 of the Constitution of 1973. They include the right to equality, right
to freedom of speech, right to practice any religion, right to assemble, rights of arrested persons,
and protection from discrimination. Unlike human rights, which come from international law,
fundamental rights come from domestic constitutional law. They bind the government and protect
citizens from arbitrary actions of the state. In many countries, individuals can directly approach the
Supreme Court or High Court if their fundamental rights are violated.
SOURCES OF HUMAN RIGHTS VS. FUNDAMENTAL RIGHTS
Human rights originate from:
• International treaties (e.g., ICCPR, ICESCR, CEDAW, CRC)
• Declarations (e.g., UDHR)
• International customary law
• Global organizations like the United Nations
Their legal force depends on whether a country has ratified a treaty or recognizes international law.
Fundamental rights originate from:
• A nation’s constitution
• Legal and judicial interpretations within the country
The constitution is the highest law, so fundamental rights have direct legal enforceability in
domestic courts.
SCOPE AND APPLICATION
Human rights apply to:
• Every person in the world
• Citizens and non■citizens
• Even people without nationality
Fundamental rights apply to:
• All citizens (in most cases)
• Sometimes non-citizens, but this depends on the constitution
• Only within the country’s jurisdiction
For example, the right to vote is a fundamental right only for citizens, while the right to life is a
human right for all persons.
CONTENT OF BOTH RIGHTS
Human rights include:
• Civil and political rights (speech, life, dignity)
• Economic and social rights (education, health, housing)
• Cultural rights
Fundamental rights usually include:
• Freedom of speech
• Freedom of religion
• Equality before the law
• Protection from arbitrary arrest
• Right to property (in some constitutions)
However, some constitutions do not treat social and economic rights as fundamental rights; instead,
they place them under Principles of Policy or Directive Principles.
ENFORCEMENT AND REMEDIES
Human rights enforcement occurs through:
• United Nations monitoring committees
• International courts (e.g., European Court of Human Rights)
• Special UN rapporteurs
But international enforcement is weaker because UN bodies cannot force governments; they rely
on moral pressure.
Fundamental rights are enforced through:
• National courts such as the Supreme Court and High Courts
• Writ petitions (habeas corpus, mandamus, certiorari, prohibition, quo warranto)
• Judicial review of laws
This makes enforcement stronger at the national level than international human rights mechanisms.
LIMITATIONS ON RIGHTS
Both human rights and fundamental rights are not absolute. They may be restricted for:
• Public order
• National security
• Morality
• Rights of others
However, restrictions must be reasonable and proportional.
RELATIONSHIP BETWEEN BOTH RIGHTS
Human rights influence the way constitutions are written. Many fundamental rights are inspired by
human rights principles. Courts also use human rights treaties to interpret constitutional rights. In
many cases, fundamental rights serve as the domestic expression of universal human rights.
However:
• Human rights are global; fundamental rights are national.
• Human rights come from international law; fundamental rights come from the constitution.
• Human rights apply to everyone; fundamental rights apply mainly to citizens.
EXAMPLES TO SHOW DIFFERENCE
Example 1: Freedom from Torture
• Human right: Protected under UDHR and ICCPR.
• Fundamental right: Protected in many constitutions as “protection from torture” or “dignity of man.”
Example 2: Freedom of Speech
• Human right: Everyone has it globally.
• Fundamental right: Protected in constitution but may include local restrictions.
Example 3: Right to Education
• Human right: Recognized by UDHR and ICESCR.
• Fundamental right: Some constitutions include it; others treat it as a policy guideline.
WHY THIS DISTINCTION MATTERS
Understanding the difference helps students, activists, and lawyers know:
• Which court or body to approach
• Whether a right is domestic or international
• What legal remedies are available
• How to use constitutional and international protections together
It also helps governments ensure that domestic laws align with global human rights commitments.
CONCLUSION
Human rights belong to all people everywhere and originate from international law. Fundamental
rights are guaranteed by a country’s constitution and enforced by national courts. Both sets of rights
aim to protect human dignity, equality, and freedom. Although they overlap, they differ in origin,
scope, and enforcement. Together, they form a powerful framework for protecting individuals from
injustice. A strong understanding of both rights helps create a fair society where every individual
can live with freedom, dignity, and respect.