FUNDEMENTAL RIGHTS AND HUMAN RIGHTS

POLITICAL AND LEGAL ENVIRONMENT

OUTLINE

An introduction of Human Rights. Features of Human Rights. Classification of Human Rights. What are the Fundamental Rights. Recognizing fundamental Rights in Sri Lanka. Conclusion.

AN INTRODUCTION TO HUMAN RIGHTS

The state ought to guarantee to individuals the enjoyments of a certain number of basic human rights, which constitute the essentials of the good life. Hence rights are those opportunities, the absence of which deprives man of something essential.

DEFINITIONS OF HUMAN RIGHTS

Rights are the conditions of social life without which no man can seek, in general, to be him self at his best. -Laski Rights are reasonable claim to freedom in the exercise of certain activities. -Wilde-

EXAMPLES

Right to equality. Freedom from discrimination. Right to security of persons. Right to legal recognition. Right to free movement. Freedom of speech.

FEATURES OF HUMAN RIGHTS

Rights arise in the society. Every rights has a corresponding obligation. Rights are socially recognized. The state does not create rights. Rights must be definite and precise. Rights have a tendency to grow.

CLASSIFICATION OF RIGHTS

Rights
Natural Rights

Legal Rights

Moral Rights

Fundamental Rights

Political Rights

Social Rights

Natural Rights : All men are born with certain rights. And
these rights are inalienable. i.e. If anyone born, he or she has a right to life.

Moral Rights : A Moral Right is based on ethical feelings

of man. i.e. What we think ought be our rights.

Legal Rights : The rights which are granted to man by law

and are protected by law.

WHAT ARE THE FUNDAMENTAL RIGHTS?

 Fundamental right is one of the sub categories which mentioned under the legal rights. Therefore we have to study about the legal rights.

LEGAL RIGHTS
A legal right is recognized and maintain by the laws of the state and is enforceable by a citizen in the court of law both against the government and other citizens. Simply legal rights are, what, in fact, are our rights

 Legal rights are uniform and open to all, irrespective of their caste, creed, or color. Legal rights are divided into,
Civil / Social rights Political rights Fundamental rights

FUNDEMENTAL RIGHTS
There are certain basic rights which civilized communities guaranteed in normal times, because they are deemed to fundamental to the existence and growth of man, together with him society. The Constitution of Sri Lanka ensures her peoples fundamental rights & Sri Lankans enjoy the right to liberty, equality, freedom of religion and the right to education and culture.

Recognizing fundamental rights in Sri Lanka

Fundamental Rights were introduced in Sri Lanka through the First Republican Constitution in 1972 under chapter vi. These Fundamental rights were widened through the Second Republican Constitution in 1978 under Chapter iii.

Conclusion

According to the topic the Fundamental Rights are the part of Human Rights. Human Rights can categorized as Natural Rights, Legal Rights and Moral Rights. The Legal Rights also can be divided in to sub categories such as Fundamental Rights, Political Rights and Social Rights. THEREFORE WE CAN CONCLUDE THAT THE HUMAN RIGHTS ARE WIDER THAN THE FUNDAMENTAL RIGHTS .