Human Rights vs Fundamental Rights
Fundamental rights are similar to human rights but are different in the sense that they have legal obligations and are enforceable in a court of law but human rights do not have such legal obligations and are not enforceable in courts. The other distinctions between HR and FR are as below:
Human rights are relatively new concept while fundamental rights are protected by constitutions of various countries is older.
While there is no consensus on universal human rights, fundamental rights are specific and have legal sanction.
Human rights are more basic in nature than fundamental rights.
Human rights are applicable to all human beings on the earth whereas fundamental rights are country specified.
Human rights are relatively new concept while fundamental rights are protected by constitutions of various countries is older.
While there is no consensus on universal human rights, fundamental rights are specific and have legal sanction.
Human rights are more basic in nature than fundamental rights.
Human rights are applicable to all human beings on the earth whereas fundamental rights are country specified.
legal rights are those rights which can be taken away by the government through drafting any new law in parliemant-- like right to marry at a certain age-- governmnet can raise the marriage age.
Introduction:
Fundamental rights are the basic rights of the citizens which the constitution provides to every citizen of the state. In the constitution of 1973 articles 8 to 28 explains the the fundamental rights which are mentioned below.
Articles 8-28
8 Laws inconsistent with or in derogation of fundamental rights to be void.
The State shall not make any law which takes away or abridges the rights given to the citizens.
9 Security of person.
No person shall be deprived of life or liberty save in accordance with law.
10 Safeguards as to arrest and detention
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in :custody beyond the said period without the authority of a magistrate.
10A.Right to fair trial:
Every person shall be entitled to a fair trial.
11 Slavery, forced labour, etc. prohibited
(1)Slavery is forbidden in any form.
(2)All forms of forced labour and traffic in human beings are prohibited.
(3)No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.
12 Protection against retrospective punishment
No person shall be punished under such law which does not exist at the at the time of the act or omission.
13 Protection against double punishment and self incrimination.
No person:-
(a) shall be prosecuted or punished for the same offence more than once.
(b) shall, when accused of an offence, be compelled to be a witness against himself.
14 Inviolability of dignity of man, etc.
(1)The dignity of man and, subject to law, the privacy of home, shall be inviolable.
(2)No person shall be subjected to torture for the purpose of extracting evidence.
15 Freedom of movement, etc.
Every citizen shall have the right to move freely throughout Pakistan and to reside and settle in any part thereof.
16 Freedom of assembly.
Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.
17. Freedom of association:
(1)Every citizen shall have the right to form associations or unions.
(2)Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party.
18 Freedom of trade, business or profession.
Every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business
19 Freedom of speech, etc.
Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press.
19A.Right to information:
Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.
20 Freedom to profess religion and to manage religious institutions.
Every citizen shall have the right to profess, practice and propagate his religion; and to establish, maintain and manage its religious institutions.
21 Safeguard against taxation for purposes of any particular religion.
No person shall be compelled to pay any special tax , which shall be spent on the propagation or maintenance of any religion other than his own.
22 Safeguards as to educational institutions in respect of religion, etc.
No person shall be forced to attend the religious meetings, gatherings, ceremonies, neither he wll be forced to worship religion other than his own.
23 Provision as to property.
Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.
24 Protection of property rights.
(1)No person shall be compulsorily deprived of his property save in accordance with law. (2)No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.
25 Equality of citizens.
(1)All citizens are equal before law and are entitled to equal protection of law. (2)There shall be no discrimination on the basis of sex 32[] 32. (3)Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. 33[
25A. Right to education:
The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law. ] 33
26. Non-discrimination in respect of access to public places.
In respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth.
27. Safeguard against discrimination in services.
No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.
28 Preservation of language, script and culture.
Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.
Fundamental rights are the basic rights of the citizens which the constitution provides to every citizen of the state. In the constitution of 1973 articles 8 to 28 explains the the fundamental rights which are mentioned below.
Articles 8-28
8 Laws inconsistent with or in derogation of fundamental rights to be void.
The State shall not make any law which takes away or abridges the rights given to the citizens.
9 Security of person.
No person shall be deprived of life or liberty save in accordance with law.
10 Safeguards as to arrest and detention
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in :custody beyond the said period without the authority of a magistrate.
10A.Right to fair trial:
Every person shall be entitled to a fair trial.
11 Slavery, forced labour, etc. prohibited
(1)Slavery is forbidden in any form.
(2)All forms of forced labour and traffic in human beings are prohibited.
(3)No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.
12 Protection against retrospective punishment
No person shall be punished under such law which does not exist at the at the time of the act or omission.
13 Protection against double punishment and self incrimination.
No person:-
(a) shall be prosecuted or punished for the same offence more than once.
(b) shall, when accused of an offence, be compelled to be a witness against himself.
14 Inviolability of dignity of man, etc.
(1)The dignity of man and, subject to law, the privacy of home, shall be inviolable.
(2)No person shall be subjected to torture for the purpose of extracting evidence.
15 Freedom of movement, etc.
Every citizen shall have the right to move freely throughout Pakistan and to reside and settle in any part thereof.
16 Freedom of assembly.
Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.
17. Freedom of association:
(1)Every citizen shall have the right to form associations or unions.
(2)Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party.
18 Freedom of trade, business or profession.
Every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business
19 Freedom of speech, etc.
Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press.
19A.Right to information:
Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.
20 Freedom to profess religion and to manage religious institutions.
Every citizen shall have the right to profess, practice and propagate his religion; and to establish, maintain and manage its religious institutions.
21 Safeguard against taxation for purposes of any particular religion.
No person shall be compelled to pay any special tax , which shall be spent on the propagation or maintenance of any religion other than his own.
22 Safeguards as to educational institutions in respect of religion, etc.
No person shall be forced to attend the religious meetings, gatherings, ceremonies, neither he wll be forced to worship religion other than his own.
23 Provision as to property.
Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.
24 Protection of property rights.
(1)No person shall be compulsorily deprived of his property save in accordance with law. (2)No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.
25 Equality of citizens.
(1)All citizens are equal before law and are entitled to equal protection of law. (2)There shall be no discrimination on the basis of sex 32[] 32. (3)Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. 33[
25A. Right to education:
The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law. ] 33
26. Non-discrimination in respect of access to public places.
In respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth.
27. Safeguard against discrimination in services.
No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.
28 Preservation of language, script and culture.
Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.
25 Equality of citizens.
(1)All citizens are equal before law and are entitled to equal protection of law.
(2)There shall be no discrimination on the basis of sex.
25A.Right to education:
The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.
(1)All citizens are equal before law and are entitled to equal protection of law.
(2)There shall be no discrimination on the basis of sex.
25A.Right to education:
The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.