Public international law

Assignment: 1
Name: Raees Ahmad
Reg No: L1F20BSIR0123
Class: BSIR
Section: A
Topic: Compare universal declaration of
human rights 1948 and fundamental rights
provides in the constitution of Pakistan 1973
Abstract:
Right is a interest recognised and protected by the law. I will discuss about fundamental
rights and human rights. Fundamental rights are rights that are given by state or government
to his public in the constitution of country. And human rights are the basic rights that are
given to every human in the world.
Due to some of the similarities between the human rights and fundamental rights. They are
generally confused by the common man. Some of the similarities has been discussed here like
the first one is that the object of both fundamental and human rights is to ensure people and
meet amicable and just social quarters. Second both aim for punishing people with the way to
live and to understand their maximum capacity. Third both rights can be upheld by lawful
conference and bodies. Although general human rights must be ratified by international
bodies like International Court of Justice, International Criminal Courts. Whereas
fundamental rights are usually ratified by the constitution of a particular country. Both start
from the possibility of a humanised just and rise to society. And the last both are distinctive
and essential part of our life as people and as individual from society.
There are many dissimilarities between the human rights and the fundamental rights. As far
as meaning and explanation is concerned the fundamental right means the primary rights of
the citizen which are just available and written in the Constitution. Where is human rights are
the basic rights that all the human being can enjoy, no matter where they live what they do
and how they behave the fundamental rights are awarded through the country's constitution.
And all peoples that fall under the jurisdiction of the Constitution are granted these right
without presumption or cost of privilege. Where human rights are rights that each human
should have. These are the most basic rights that protect a human from other human. Human
rights are our moral vision of rights. that nearly everyone agrees a human should have now
fundamental rights, that are derived from the views of a Democratic Society. Whereas human
rights emerge from the ideas of civilised nation. As far as scope is concerned the fundamental
rights are country-specific which includes only those rights which are basics to a new normal
life. Whereas human rights are universal in nature that includes those right which are basic to
a real life and are absolute. That means it cannot be taken away as far as enforcement is
concerned. The fundamental right is enforceable by the court of law and human right is
enforceable by United Nation organisation.
There are sir rights which is common in fundamental right and human rights like right to live
right to movement etc. But still there are some differences between the two.

Introduction:
Rights are reasonable privileges of people which are ensured by law. According to law rights
are considered as a sensible case of the people which are acknowledged by the general public
and affirmed by statute. It can be fundamental rights or human rights. Basically there are
three types of right the first one is fundamental right second human rights and third is a legal
right. But I will explain only fundamental rights and human rights and basically the
difference between the two fundamental rights and human rights. These are generally
confused with each other because they overlap with each other. Fundamental rights and
human rights are essential for the presence and improvement of people. It makes a superior
domain and better living conditions for individuals. And in addition they protect their
mobility. Both rights are key roles that remain at the premises of any fair and equal in
society. The rights which are primary to the life of the citizen of a nation are known as
fundamental rights. It is described in the Constitution of Pakistan, fundamental rights are the
rights that are approved by an administration. All individuals that fall under the word of the
Constitution are considered these rights without assumptions or cost of benefits. On the other
hand human rights are all in girl self supreme and essential put claims as and they have a
place with every individual. They are elementary and are fundamental to a genuine living.
These are basics of every one of the people regardless of their position, caste, creed relief,
nationality place of birth, citizenship and some other status. All people appreciate a similar in
human rights with no segregation. These are critical for the improvement of the general
public. As it cancels different practices like foul play, abuse, separation and imbalance. A
portion of the normal human rights are opportunities from separation. I will do life balance
under the steady gaze of the law of freedom and individual security and training flexibility of
thoughts and free development and so on. For all human beings living in existence,
the rights are necessary for their economic development and prosperity and
harmonious living with other neighborhoods in the world. The three main rights
available to the citizens of a country are – Human Rights, Fundamental Rights,
and Legal Rights. Human Rights pertain to the rights through which an
individual can enjoy a just, fair, and free life whereas Fundamental Rights are
unique to any country which supports the democracy of a country. Legal rights,
on the other hand, are those bestowed onto a person by acts and are statutory
in nature and they can be repealed by another act subject to approval by
parliament. Whether they be political or civil rights, all existing human rights
are of an inseparable nature. Human rights include both rights and
responsibilities. In accordance with international law, states are obligated to
respect, defend, and uphold human rights.

The state is prohibited from obstructing or restricting the exercise of human

rights under the commitment to respect. The state must shield persons and
groups from violations of human rights under the commitment to protect. The
state's duty to fulfill requires it to take steps to make it easier for each person
and group of people to enjoy their human rights.

Main body
The Universal Declaration of Human Rights (UDHR) is a milestone document in the history
of human rights. The declaration was proclaimed by the United Nations General Assembly in
Paris on 10 December 1948. Of the then 58 members of the United Nations, 48 voted in
favor, none against, eight abstained, and two did not vote. Every year on December 10, the
anniversary of the adoption of the Universal Declaration is celebrated and is known as
Human Rights Day or International Human Rights Day. Articles 1 states that, all human
beings are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood. The Declaration
establishes that the rights apply to everybody, irrespective of race, skin colour, sex, language,
religion, political opinion or social status. This is stated in Article 2 of the Declaration.
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world.
Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as
the highest aspiration of the common people. Whereas it is essential, if man is not to be
compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that
human rights should be protected by the rule of law. Whereas it is essential to promote the
development of friendly relations between nations. Whereas the peoples of the United
Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity
and worth of the human person and in the equal rights of men and women and have
determined to promote social progress and better standards of life in larger freedom. Whereas
Member States have pledged themselves to achieve, in co-operation with the United Nations,
the promotion of universal respect for and observance of human rights. Some of the major
fundamental rights under Constitution our right to equality, right to freedom, right against
exploitation, right to freedom of religion, right to property, right to constitutional remedies,
and right to privacy. There are 30 human rights under Universal Declaration of Human rights.
The first one is right to equality, freedom from discrimination, right to life on security,
freedom from slavery, freedom from torture, and degrading treatment, right to recognition as
a person before the law, right equality before the law, right to remedy by competent tribunal,
freedom from arbitrary arrest and exile right to fail public hearing, right to be considered
innocent until proven guilty, freedom from interference with privacy of family home and
correspondence, right to free movement in and out of the country, right to asylum in other
countries from persecution, right to a nationality and the freedom to change it, right to
marriage and family, right to own property, right to freedom of belief and religion, freedom
of opinion and information, right of peaceful assembly. And association right to participate in
government and in free election, right to Social Security, right to desirable work and to join
trade unions, right to rest and leisure, right to adequate living standard, right to education,
right to participate in the cultural life of community, right to a social order. Because some
fundamental rights and human rights are related to one another. The average person generally
finds them confusing. Some of the parallels that have been raised here include the first, which
is that both fundamental and human rights aim to protect individuals and fulfil just and
peaceful social conditions. The second goal of both is to penalise people for their style of
living and for failing to realise their full potential. Third, both rights may be upheld by
legitimate gatherings and institutions. Although international organisations like the
International Court of Justice and International Criminal Courts must ratify general human
rights. whereas the constitution of a country is typically what ratifies fundamental rights.
Both build on the potential for a just society and succeed in it. And the last two are unique
and crucial components of who we are as persons and as individuals in society.
The differences between fundamental rights and human rights are numerous. When it comes
to definition and meaning, the term "basic right" refers to the essential liberties guaranteed to
every person by the Constitution. Human rights are the fundamental freedoms that every
person has the right to enjoy, regardless of where they live, what they do, or how they
behave. These liberties are guaranteed by each nation's constitution. And these rights are
given to all peoples who are covered by the Constitution without discrimination or payment
for privilege. Human rights are fundamental rights that every person should possess. These
are the fundamental freedoms that keep a person safe from other people. Our moral
interpretation of rights is human rights. almost everyone agrees that a person should have
basic rights today, stemming from the ideals of a democratic society. Human rights, however,
are a product of civilised nations' ideas. The fundamental rights are just those that are
essential to a new normal existence, and their scope varies from country to country. Human
rights, on the other hand, are universal in nature and encompass those that are unquestionably
necessary for living a true existence. That implies that, in terms of enforcement, it cannot be
taken away. Human rights are upheld by the United Nations organisation, whereas
fundamental rights are upheld by the legal system. There are certain rights that are shared by
both fundamental and human rights, such as the right to live and the freedom of movement.
However, there are still some distinctions between the two. Citizens' fundamental rights are
those that are guaranteed by the constitution and upheld by the law. On the other side, human
rights are the protections that a person desires in order to live in dignity and equality. On the
other hand, legal rights are the safeguards provided by the government to citizens of a certain
state. Only those rights are considered to be vital to a normal existence. Contrarily, human
rights include a number of unalienable, or not subject to exclusion, rights that are
fundamental to real life. On the other hand, legal rights are neither essential to a normal life
nor to an absolute life. Fundamental rights are country-specific, meaning that they may vary
from one nation to another. Human rights are respected on a global scale, ensuring that
everyone can take advantage of them. Similar to basic rights, there are legal rights that apply
to all residents of a state, are available to all, and can even be modified by the government as
needed. The core idea of the right to freedom depends on basic rights. In contrast, the right to
a dignified existence is the cornerstone of human rights. While human rights are universally
acknowledged, constitutional rights are guaranteed by the nation's constitution. Legal rights
are not contained in the Constitution but are clearly defined by different governments. All
constitutional and human rights are inherently enforceable, while the former are done so by
the judiciary while the latter are done so by the UN organisation. On the other hand, when it
comes to enforceability, a person's legal rights are upheld by the state but are subject to
revocation or modification at any time. Opinions in a free society are stripped of their
fundamental rights. Conversely, ideas from civilised nations are the source of human
liberties. The human rights of counterparts must be decided upon as the rights coming from
the social development and duty of a certain place. While there are some significant
differences between human rights and fundamental rights, particularly in terms of their legal
status and enforceability, they frequently overlap. Contrary to fundamental rights, which are
enjoyed by all individuals who fall under the purview of a given country's constitution
without discrimination or payment for privilege, human rights are fundamental and universal
rights that should be enjoyed by everyone, regardless of nationality, race, ethnicity, or sexual
orientation. A number of international conventions and protocols that outline the parameters
and scope of international law, including the International Bill of Human Rights, include
human rights as core principles (i.e. Convention on the Prevention and Punishment of the
Crime of Genocide, International Convention on the Elimination of All Forms of Racial
Discrimination, Convention on the Rights of Persons with Disabilities, Convention Against
the Use of Torture and Other Cruel and Inhuman Treatments, etc.). As a result, they can
differ from one nation to another. In contrast, fundamental rights are outlined in every
nation's national constitution. Governments are only expected to enforce human rights
treaties if they have ratified the pertinent conventions; in this case, international organisations
(such as the United Nations, the Human Rights Council, and other relevant mechanisms) can
only urge governments to do so and cannot take direct action to ensure that the various
provisions are being carried out. On the other hand, governments and national legal systems
have a responsibility to uphold the fundamental liberties established in their respective
national constitutions.
Conclusion
At the end I would like to mention that no matter human rights and fundamental rights are
overlap with each other. But there are some key contrasts between them specifically
concerning their legal nature and their impossibility. Actually human rights are essential and
basic rights that ought to be delighted by all people being little respect to nationality race,
ethnicity, and sex. However fundamental rights are appreciated by all individuals that fall
under the jurisdiction of the Constitution of a specific country without assumption or cost of
benefit. this is all about the distinction between the fundamental rights and human rights. .
Fundamental freedoms and human rights are necessary for life and developmt.
It helps people keep their dignity while also assisting in the improvement of their living and
working environments. All those who fall under the purview of the Constitution
are granted these rights without restriction or cost to them, with the
exception of emergencies, when they are prohibited by the Presidents of
India. In essence, they are the liberties that everyone in the nation is
entitled to enjoy without limitations. The citizen of the nation has certain
protections and liberties in the specific decision of borders. The rights that
are available to all men and women worldwide are known as human
rights. Fundamental rights are freedoms and independence that are
protected by the Indian Constitution, which was approved by the Indian
Parliament and Government and ratified by its citizens. These are the
most fundamental protections against cruel behaviour on the part of
others. There are certain rights that are widely acknowledged as being
fundamental and important for meeting the demands of physical, mental,
and emotional security. These safeguards are therefore more
advantageous for the existence of a human being on our planet. The
underlying ideals of freedom and dignity for all people are human rights
and fundamental rights. Both types of rights seek to protect people from
injury, injustice, and discrimination while also fostering a peaceful social
environment. International organisations advocate and uphold human
rights as universal moral ideals (in particular the United Nations and its
relevant human rights bodies). On the other hand, fundamental rights are
country-specific and can be found in each nation's national constitution.
The international community seeks to align national laws with the
standards and guidelines established by treaties, covenants, and
conventions. As a result, whenever a government ratifies a human rights
convention, it is urged to take the required actions to guarantee that
domestic laws are in compliance with global guidelines. Such a procedure
aims to improve accountability and advance just and equitable societies.