Fundamental rights originated at the end of the 18th century in France, with the Declaration of Human and Citizens’ Rights. The concept of human rights goes back to the natural law established by the Romans in ancient times, based on rational ideas derived from the nature of things. .
The law refers to all legal standards created by the state to regulate the behavior of persons whose non-compliance involves judicial sanction.
- Thus.
- The law lays the foundations for social coexistence.
- With the aim of ensuring security.
- Equality.
- Certainty.
- Freedom and justice for all members of society.
- The aim of the law is to establish harmony.
- Order and social balance.
This article focuses on the study of these concepts, as well as their characteristics, differences and social impact.
Following the definition of the law, we can introduce and understand human rights as a limitation on the state’s actions against people, giving them a margin of freedom according to their own human condition.
Human rights are therefore indispensable for living with dignity, freedom, in a just and peaceful environment.
These are the rights that all people have simply because they exist, they do not distinguish between gender, nationality, ethnicity, color, religion, place of residence, language, political party, age or social, cultural or economic status.
Human rights are
In this way, international human rights law establishes an obligation for all countries to act in a certain way to promote and protect human rights and fundamental freedoms of individuals.
The basics of this set of rules are found in the Charter of the United Nations (1945) and the Universal Declaration of Human Rights (1948).
For there to be a fundamental right, there must be a human right before it. The fundamental right can be understood as the guarantee that a country offers to individuals within its borders. These rights are governed by a letter, in the constitutions of States, because of their importance; are fundamental.
They differ from the rest of the rights established by the constitutions because they are inalienable (acquired at birth) and cannot be negotiated or redeemed.
Moreover, the defence of fundamental rights is generally more judicially agile when it comes to democratic societies, as they are seen as fundamental pillars of society.
In this way, we see that each country has its own fundamental rights, which are unfortunately not respected in many countries.
The main difference is territoriality. Human rights are universal, without limitation, on the other hand, a fundamental right is in a specific jurisdiction, with the limitations that the law grants, so the concept of fundamental rights predominates in the state order.
A fundamental right is first and foremoste a right created by the constitution, so it is necessary to consider the pre-existence of the law for the configuration of a fundamental right.
Human rights have a much broader content than fundamental rights, so we see that the distinction between human rights and fundamental rights is important: not all human rights have been recognized as fundamental rights.
We see that the internal organization of states, and in particular in constitutional doctrine, distinguishes between fundamental rights and human rights. In the state order the concept of fundamental rights predominates, this distinction has a number of consequences on the internal order of states.
“This differentiation and therefore these consequences do not correspond to the existence of a plural legal order within the State. Among other consequences, the persistence of this distinction tends to reduce the effective enjoyment of economic, social and cultural rights”, according to lawyer Gonzalo Afirma Aguilar Cavallo.