Fundamental Rights and How They Differ from Legal Rights

“To deny people their human rights is to challenge their very humanity.” — Nelson Mandela

Rights are the cornerstone of freedom and dignity in any society. But not all rights are the same. Some are fundamental to our existence, while others are granted by laws. Let’s break down what fundamental rights are and how they differ from legal rights in an engaging and clear way.

What Are Fundamental Rights?

Fundamental rights are the basic, inalienable rights guaranteed to every individual. These rights are enshrined in a nation’s constitution, ensuring that they are protected from arbitrary interference by the government or others.

Examples of Fundamental Rights:

• Right to Equality: Everyone is equal before the law.
• Right to Freedom: The freedom of speech, expression, and movement.
• Right to Education: Access to free and compulsory education.

In Nepal, fundamental rights are enshrined in Part III of the Constitution of Nepal, 2015. These include the right to health, education, and even the right to live in a clean environment.

Did You Know? Fundamental rights are often called ‘human rights’ because they are essential to human dignity and development.

What Are Legal Rights?

Legal rights are the rights that are created and enforced by a country’s legal system. Unlike fundamental rights, these can vary from one country to another and are not necessarily rooted in the constitution.

Examples of Legal Rights:

• Right to Property: Ownership rights governed by local laws.
• Right to Vote: Eligibility and rules differ based on electoral laws.
• Consumer Rights: Protection against unfair trade practices.

Legal rights can be granted, modified, or revoked by the government through legislation. For instance, traffic laws that regulate road safety are a type of legal right.

Key Differences Between Fundamental Rights and Legal Rights

Origin

• Fundamental Rights: Derived from the constitution and are universally applicable.
• Legal Rights: Originates from laws passed by the legislature and can differ by region.

Scope

• Fundamental Rights: Broader and more essential to individual freedom.
• Legal Rights: Narrower and focus on specific legal frameworks.

Enforcement

• Fundamental Rights: Can be directly enforced in court. For example, in Nepal, individuals can approach the Supreme Court if their fundamental rights are violated.
• Legal Rights: Enforcement typically requires going through regular legal channels and can involve lower courts.

Permanence

• Fundamental Rights: Harder to amend or revoke due to their constitutional status.
• Legal Rights: Easier to modify through new legislation or amendments.

Why Do Fundamental Rights Matter?

Fundamental rights form the foundation of a democratic society. They ensure:

1. Protection of individual freedoms.
2. Equality before the law.
3. Accountability of the government.

In Nepal, fundamental rights like the right to freedom and equality play a crucial role in fostering inclusiveness and development.

“Human rights are not a privilege conferred by the government. They are every human being’s entitlement.” — Mother Teresa

Wrapping It Up

While both fundamental and legal rights protect individuals, fundamental rights are more profound and universal. Legal rights, though equally important, are more localized and situation-specific. Together, these rights ensure that societies are fair, just, and equitable.

Understanding these distinctions helps us appreciate the protections we enjoy and encourages us to safeguard them for future generations.