Fundamental rights
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 16, established in 2015, underscores the link between promoting human rights and sustaining peace.[1]
List of important rights
Some universally recognised rights that are seen as fundamental, i.e., contained in the United Nations Universal Declaration of Human Rights, the U.N. International Covenant on Civil and Political Rights, or the U.N. International Covenant on Economic, Social and Cultural Rights, include the following:
- Self-determination[2]
- Liberty[3]
- Due process of law[3]
- Freedom of movement[4]
- Right to privacy[5]
- Freedom of thought[6]
- Freedom of conscience[6]
- Freedom of religion[6]
- Freedom of expression[7]
- Freedom of assembly[8]
- Freedom of association[9]
Specific jurisdictions
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Canada
In
- Conscience and religion
- Thought, belief, opinion, and expression, including freedom of the press and other media of communication
- Peaceful assembly
- Association.
Europe
On a European level, fundamental rights are protected in three laws:
- The Charter of Fundamental Rights of the European Union
- The Fundamental Freedoms of the European Union
- The European Convention on Human Rights
Japan
In Japan, fundamental rights protected by the Constitution of Japan include:[11]
- Civil liberties, including the right to liberty and the right to freedom of expression, thought, conscience and religion
- Social rights, including the right to receive education and the right to maintain the minimum standards of wholesome and cultured living
India
There are six fundamental rights recognized in the Constitution of India:
- the right to equality (Articles 14-18):
- Article 14: Equality before law
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
- Article 16: Equality of opportunity in matters of public employment
- Article 17: Abolition of untouchability
- Article 18: Abolition of titles
- the right to freedom (Article 19, 22):
- Article 19: Protection of certain rights regarding freedom of speech, expression, assembly, association, movement, and residence
- Article 20: Protection in respect of conviction for offenses
- Article 21: Protection of life and personal liberty
- Article 21A: Right to education
- the right against exploitation (Articles 23-24):
- Article 23: Prohibition of trafficking in human beings and forced labor
- Article 24: Prohibition of child labor
- the right to freedom of religion (Articles 25-28):
- Article 25: Freedom of conscience and free profession, practice, and propagation of religion
- Article 26: Freedom to manage religious affairs
- Article 27: Freedom from payment of taxes for promotion of any particular religion
- Article 28: Freedom from attending religious instruction or worship in certain educational institutions
- cultural and educational rights (Articles 29-30):
- Article 29: Protection of interests of minorities
- Article 30: Right of minorities to establish and administer educational institutions
- the right to constitutional remedies (Article 32 and 226):[12]
- Article 32: Right to move the Supreme Court for the enforcement of Fundamental Rights
- Article 226: Power of High Courts to issue certain writs for the enforcement of Fundamental Rights[13]
United States
Though many fundamental rights are also widely considered human rights, the classification of a right as "fundamental" invokes specific legal tests courts use to determine the constrained conditions under which the United States government and various state governments may limit these rights. In such legal contexts, courts determine whether rights are fundamental by examining the historical foundations of those rights and by determining whether their protection is part of a longstanding tradition. In particular, courts look to whether the right is "so rooted in the traditions and conscience of our people as to be ranked as fundamental."[14] Individual states may guarantee other rights as fundamental. That is, States may add to fundamental rights but can never diminish and rarely infringe upon fundamental rights by legislative processes. Any such attempt, if challenged, may involve a "strict scrutiny" review in court.
In
The original interpretation of the
Later Supreme Court justices found a way around these limitations without overturning the Slaughterhouse precedent: they created a concept called Selective Incorporation. Under this legal theory, the court used the remaining 14th Amendment protections for equal protection and due process to
This set in motion a continuous process under which each individual right under the Bill of Rights was incorporated, one by one. That process has extended more than a century, with the free speech clause of the
Not all clauses of all amendments have been incorporated. For example, states are not required to obey the Fifth Amendment's requirement of indictment by grand jury. Many states choose to use preliminary hearings instead of grand juries. It is possible that future cases may incorporate additional clauses of the Bill of Rights against the states.
The Bill of Rights lists specifically enumerated rights. The Supreme Court has extended fundamental rights by recognizing several fundamental rights not specifically enumerated in the Constitution, including but not limited to:
- The right to interstate travel[15]
- The right to parent one's children[16]
- The right to privacy[17]
- The right to marriage[18]
Any restrictions a government statute or policy places on these rights are evaluated with
During the
See also
- Fundamental Rights Agency of the European Union
- Inalienable rights
- Universal human rights
References
- ^ Doss, Eric. "Sustainable Development Goal 16". United Nations and the Rule of Law. Retrieved 2020-09-25.
- ^ "International Covenant on Civil and Political Rights Article 1".
- ^ a b "International Covenant on Civil and Political Rights Article 9".
- ^ "International Covenant on Civil and Political Rights Article 12".
- ^ "International Covenant on Civil and Political Rights Article 17".
- ^ a b c "International Covenant on Civil and Political Rights Article 18".
- ^ "International Covenant on Civil and Political Rights Article 19".
- ^ "International Covenant on Civil and Political Rights Article 21".
- ^ "International Covenant on Civil and Political Rights Article 22".
- ^ "Canadian Charter Of Rights And Freedoms". Efc.ca. Archived from the original on 2018-12-12. Retrieved 2012-11-05.
- Ministry of Foreign Affairs of Japan. Retrieved 2022-02-23.
- ^ "The Constitution of India" (PDF). Legislative Department, Ministry of Law and Justice, Government of India. November 26, 2021. pp. 37–51. Retrieved May 16, 2022.
- ^ "List of Important Articles in Constitution of India". Adda247. 28 June 2023. Retrieved 5 July 2023.
- ^ Snyder v. Massachusetts, 291 U.S. 97, 105 (1934).
- ^ "Constitution Annotated". Congress.gov. Retrieved 13 August 2021.
- ^ Troxel v. Granville
- ^ see Union Pacific R. Co. v. Botsford, 141 U.S. 250 (1891)
- ^ Loving v. Virginia & Obergefell v. Hodges