Question:

What is the difference between human rights and fundamental rights

by Darren Heitner  |  earlier

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can u help me?**

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3 ANSWERS

  1. Craig Swerdloff

     funadamental rights and human rights are parallel rights.human rights depend on the ground of fundamental rights. but all fundamental rights are not human rights.

  2. LEFEBVRE-SEGARD Thomas
    It's a pretty big difference, but pretty nuanced. "Fundamental freedoms" is a constitutional term, which - in various entrenched bills of rights - captures a particular set of rights, generally considered to be the indicators of a free society, intrinsically important.

    In the Canadian Charter of Rights and Freedoms, for example, fundamental freedoms are freedom of conscience, freedom of expression, freedom of peaceful assembly, and freedom of association. This is in contrast to democratic rights, mobility rights, legal rights, equality rights, and others
  3. Xavier Raymond
    This article introduces a peculiar distinction between "human" rights and "fundamental" rights, explaining through diverse areas, the role that the difference can play. Rights are loaded with contrasting properties and burdens, opposing features and values (neutral, pre-political, negotiable, democratic, etc.). On the contrary, we should accept - on one side - human rights as moral visions of what is due to human beings, deontological imperatives, even if abstract. But on the other side we cannot ignore the ethical problems: e.g. those resulting from their blind implementation. We need to enhance the institutional, legal and ethical-political meaning of "fundamental" rights, i.e. those which are assigned a meta-normative role in a legal order and an ultimate value in the corresponding social and ethical context. The article shows also how the use of these definitions can clear some theoretical misunderstandings, improve our critical analysis and help in explanation of real processes. This article will be published in "Archiv für Rechts- und Sozialphilosophie," in 2007.

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