DIFFERENCE BETWEEN HUMAN RIGHTS AND FUNDAMENTAL RIGHTS

B.Prabakaran Dr. AR.Saravanakumar

Assistant Professor of Education Assistant Professor of Education
Government College of Education Alagappa University
Pudukkottai-622 001 Karaikudi-630 004
Abstract
Fundamental Rights are the rights and freedom as a part of the constitution that is
protected by the constitution of India which is recommended by the Government of India and the
Indian parliament which enacted to its citizen of people. In Emergency situation, these rights are
banned by the presidents of India at Emergency period and all the people that fall under the
jurisdiction of the constitution are granted these rights without presumption or cost of privilege.
Basically, these are the rights that are awarded to all citizens as per the legal system of the
country without any conditions. These rights and freedom are enjoyed by the citizen of country
into the certain determination of boundary.

Human Rights are the rights that all global men and women should have. These are the
most basics rights that protect a human from inhuman behavior of other humans. There are some
rights that are considered universally to be fundamental and essential to live their fulfilment of
needs for physical, mental and emotional protection. These rights are more helpful to the survival
of every human being in this earth.

Introduction
These rights are essential for all the human being living at life spanning period to his/ her
sustainable developments and growths and harmonious living with other neighborhoods in the
world. These rights insist the United Nations and their organization. Every Member of the united
national countries is compulsorily concerned with human rights for good living of citizenships in
its. Those countries determine to follow by the direction of the above organizations because
every citizen is belonging to the world that means every human being is a global citizenship
apart from citizenship of his/ her country. Violation of human rights could make the revolution
and wars and conflicts for the purpose of human beings sustainability in some countries since the
past periods.
Definitions of Human Rights

The ideal of free human beings is enjoying civil and political freedom and freedom from
fear and want can only be achieved if conditions are created whereby everyone may enjoy his
civil and political rights, as well as his social, economic and cultural rights. — International
Covenant on Civil and Political Rights and the International Covenant on Economic Social and
Cultural Rights, 1966

All human rights are universal, indivisible and interdependent and interrelated. The
international community must treat human rights globally in a fair and equal manner, on the
same footing, and with the same emphasis. — Vienna Declaration and Programme of
Action, World Conference on Human Rights, 1993

The above two definitions describe about the human rights have many rights regarding to
civil, political, social, economic and cultural rights. These rights are interrelated to each other.
They are common for all human beings in the earth and they are regardless of Sex, Family,
Creed, Colour, Language, Religions, National, States, Race, Ethnicity, Varnas, Castes, Place and
etc.

In the ancient period, Four Varnas and Castes were influencing on human rights. All the humans
are not the same at the view of Varna system of Manusmriti. Scheduled Castes and Scheduled
Tribal castes were not allowed to enjoy the all the human rights until the pre-independence
period. After drafting the Indian constitution and the incorporation of the international human
rights laws, all the people have equal human rights guaranteed by the Indian constitution and it
may help to benefit every Indian’s development. But at present, the Indian law has initiated a
foot step forward for getting equal rights to every citizen and every society law pull backward for
getting equal human rights to every member of Sutras.

The world of human rights is expected to follow the humanism far from inhuman
treatment. Some caste people treat the human as animal without any opportunity to claim the
human rights in India. Some people have more freedom to enjoy the human rights at higher level
position as treat as equivalent to God. This deviational approach of human rights do not accept
the general nature of the human-beings in the world. It means all are equal in the view of the
humanistic philosophy.
 The important of the human rights that are mentioned in the constitution of the India is
that, every person has the right to enjoy by his mind and physical aspects. The laws of the
Human rights do not satisfy the citizens of the India that is to be eliminated by the Constitution.

The Human rights concept is based on the basic principle of the human solidarity, Non-
violence, cooperation, and the mutual respect to the rights of each other and their development.
these are the heritage for all the human beings in the India.

Human rights differ from other rights in two respects.

Firstly, they are characterized by being: 1.Inherent in all human beings by virtue of their
humanity alone (they do not have, e.g., to be purchased or to be granted);2. Inalienable (within
qualified legal boundaries); and 3.Equally applicable to all. Secondly, the main duties deriving
from human rights fall on states and their authorities or agents, not on individuals.
Human Rights Day is marked every year by celebrating the anniversary of the Universal
Declaration on 10 December
Human Rights in Indian Constitution
The Constitution of the India has classified all rights under some categories. And the
following rights are listed out for citizen of India.
Social or Civil Human Rights:
Social and civil human rights are essential for living together harmoniously each other.
They are (1) The right to life, liberty and security of persons (2)Right to freedom from slavery
and servitude (3) Right to freedom from torture or cruel, inhuman or degrading treatment or
punishment (4) Right to freedom from arbitrary interference with privacy, family, home or
correspondence (5) Right to marry and have family and right to property
Political Human Rights:
Political human rights can ensure to participate every citizen by the direction of
democratic policy. Every person is eligible to criticize about the national and state political
functions. He/she can allow the keen observation over the political movement and its policy
adaptations. Some rights are (1) Right to equality before law and equal protection of law (2)
Right to judicial remedies, fair trial and freedom from arbitrary arrest, detention or exile (3)
Right to freedom of thought, expression, belief, faith, conscience and religion (4) Right to
freedom of peaceful assembly and association (5) Right to take part in government affairs and
equal access to public service (6) Right to equal suffrage (7) Right to freedom of movement and
right of asylum
Economic Human Rights:
Every person can fulfil his needs and requirements through the involvement of economic
activities. These rights secure the every human-being prosperity living for long term living by
the ethical way. They are (1) Right to social security (2) Right to work and the right to equal pay
for equal work (3) Right to form trade unions (4) Right to rest and leisure (5) Right to food,
health and adequate standard of living
Cultural Human Rights:
Every Cultural should be protected its unique way. There is no point of abolishing the cultural
actives and social rituals, feasts, ceremonies and functions. There is the preservation,
transmission, transformation and conservation of every culture accountable by the government
without any bias. They are (1) Right to participate in the cultural life of the community (2) Right
to enjoy the art and to share in the scientific advancement and its benefits (3) Right to the
protection of the moral and material interests resulting from any scientific, literary and artistic
production of which the individual is the author (4) Right to a social and international order in
which the human rights as provided in the Universal Declaration can be fully realized
Fundamental Rights
The fundamental rights is essential for the living of the people in their country. The
fundamental rights are included in the part of any one constitution whether it is in written form
or unwritten form. The fundamental rights can be changed only by the amendment of parliament
of any country in the world. The following Indian fundamental rights are listed out in the Indian
constitution.
(1) Right to Equality (2) Right to freedom (3) Right against Exploitation (4) Right to
Freedom of Religion (5) Cultural and Educational Rights (6) Right to Constitutional
Remedies

Difference between human rights and fundamental rights

Fundamental Rights are the rights and freedom as a part of the constitution that is
protected by the constitution of India which is recommended by the Government of India and the
Indian parliament which enacted to its citizen of people. In Emergency situation, these rights are
banned by the presidents of India at Emergency period and all the people that fall under the
jurisdiction of the constitution are granted these rights without presumption or cost of privilege.
Basically, these are the rights that are awarded to all citizens as per the legal system of the
country without any conditions. These rights and freedom are enjoyed by the citizen of country
into the certain determination of boundary.

Human Rights are the rights that all global men and women should have. These are the
most basics rights that protect a human from inhuman behavior of other humans. There are some
rights that are considered universally to be fundamental and essential to live their fulfilment of
needs for physical, mental and emotional protection. These rights are more helpful to the survival
of every human being in this earth.

S.No Fundamental rights Human rights

1. They are drafted into based on some They are drafted independently for the
human rights by the drafting committee of human survival by the drafting committee
the country. of united nation commission.
2. Country Law protected these rights. United nations protected these rights.
3. Constitution enacted these rights by the World organization enacted these rights by
direction of constitution committee under the direction of U.N. International
its jurisdiction. committee.
4. These rights are apart from living for These rights is essential and compulsory for
something. the human living.
5 If a man/woman of the country is If a man/woman of the global is prohibited
prohibited to enjoy these rights by a person to enjoy these rights by a person or group or
or group or society, he will claim society or state or nation, he will claim
juristically these rights by the any one juristically these rights by the any one court
court in the country like high court or in the international organization like
supreme court of India. international court in Netherland and
European courts of human rights in France.
 6. These rights contains rights to freedom, These rights contains Civil and Political,
freedom of religion, equality, against Social, Economic and Cultural rights.
exploitation, cultural and educational,
constitutional remedies.
7. On basis of Legality, Constitution. On basis of Morality, Humanity.
8. A Human being is treated as a member of A Human is treated as a member of the
the country. globe.
9. Peaceful Survival of human in his/her Peaceful Survival of human in this earth.
country.
10. These rights were changed in 1978 by the These rights were changed to meet the
parliamentary act in India. challenging period of human survival
globally.
11. These rights are more specific. These rights are more general.
Conclusion
The teacher educators and teacher should know very well the difference between the
fundamental rights and human rights when he/she can teach their students the subject of human
rights education. No student will get confused will the concept of both the rights after their
learning, with the clear understanding of the subtle differences between the two rights.
References
UNESCO (2012): Human Rights Education in Primary and Secondary School Systems: A Self-
assessment Guide for Governments, United Nation, New York and Geneva.
Ansari, Iqbal I.A (1998): Human Rights Education in India, (As Continued in), Human Rights
Today, Vol. 1, No.1, New Delhi.

Selvan.A (2010): Human Rights Education: Modern Approaches and Strategies Concept
Publishing Company; First edition (July 1, 2010)

Claudia Lohrenscheit,( 2002):International Approaches in Human Rights education‟

International Review of Education, Vol. 48, Nos. 3-4 July 2002.

http://www.humanrightseducationconference2010.com.au
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