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 17, established in 2015, underscores the link between promoting human rights and sustaining peace.
>>>PUT SHARE BUTTONS HERE<<<
👉 Fundamental rights in the context of Freedom of religion
Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the right not to profess any religion or belief or not to practice a religion, often called freedom from religion.
Freedom of religion is considered by many people and most nations to be a fundamental human right. Freedom of religion is protected in all the most important international human rights conventions, such as the United Nations International Covenant on Civil and Political Rights, the American Convention on Human Rights, the European Convention on Human Rights, and the United Nations Convention on the Rights of the Child. In a country with a state religion, freedom of religion is generally considered to mean that the government permits religious practices of other communities besides the state religion, and does not persecute believers in other faiths or those who have no faith. The concept of religious liberty includes, and some say requires, secular liberalism, and excludes authoritarian versions of secularism.
In this Dossier
- ⭐ Core Definition: Fundamental rights
- 👉 Fundamental rights in the context of Freedom of religion
- Fundamental rights in the context of Area of freedom, security and justice
- Fundamental rights in the context of Declaration on Fundamental Principles and Rights at Work
- Fundamental rights in the context of Natural and legal rights
- Fundamental rights in the context of Constitution of Denmark
- Fundamental rights in the context of Citizenship of the United States
Fundamental rights in the context of Area of freedom, security and justice
The area of freedom, security and justice (AFSJ) of the European Union (EU) is a policy domain concerning home affairs and migration, justice as well as fundamental rights, developed to address the challenges posed to internal security by collateral effects of the free movement of people and goods in the absence of border controls or customs inspection throughout the Schengen Area, as well as to safeguard adherence to the common European values through ensuring that the fundamental rights of people are respected across the EU.
Fundamental rights in the context of Declaration on Fundamental Principles and Rights at Work
The Declaration on Fundamental Principles and Rights at Work was adopted in 1998, at the 86th International Labour Conference and amended at the 110th Session (2022). It is a statement made by the International Labour Organization "that all Members, even if they have not ratified the Conventions in question, have an obligation arising from the very fact of membership in the Organization to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions".
Fundamental rights in the context of Natural and legal rights
Some philosophers distinguish two types of rights, natural rights and legal rights.
- Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal, fundamental and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights.
- Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights.
Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to by Saint Paul, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great, his pupil Thomas Aquinas, and Jean Gerson in his 1402 work "De Vita Spirituali Animae." During the Age of Enlightenment, the concept of natural laws was used to challenge the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government – and thus legal rights – in the form of classical republicanism. Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.
Fundamental rights in the context of Constitution of Denmark
The Constitutional Act of the Realm of Denmark (Danish: Danmarks Riges Grundlov), also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution (Danish: Grundloven, Faroese: Grundlógin, Greenlandic: Tunngaviusumik inatsit), is the constitution of the Kingdom of Denmark, applying equally in the Realm of Denmark: Denmark proper, Greenland and the Faroe Islands. The first democratic constitution was adopted in 1849, replacing the 1665 absolutist constitution. The current constitution is from 1953. The Constitutional Act has been changed a few times. The wording is general enough to still apply today.
The constitution defines Denmark as a constitutional monarchy, governed through a parliamentary system. It creates separations of power between the Folketing, which enact laws, the government, which implements them, and the courts, which makes judgment about them. In addition it gives a number of fundamental rights to people in Denmark, including freedom of speech, freedom of religion, freedom of association, and freedom of assembly. The constitution applies to all persons in Denmark, not just Danish citizens.
Fundamental rights in the context of Citizenship of the United States
Citizenship of the United States is a legal status that entails citizens with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constitution and laws of the United States, such as freedom of expression, due process, the rights to vote, live and work in the United States, and to receive federal assistance.
There are two primary sources of citizenship: birthright citizenship, in which persons born within the territorial limits of the United States (except American Samoa) are presumed to be a citizen, or—providing certain other requirements are met—born abroad to a United States citizen parent, and naturalization, a process in which an eligible legal immigrant applies for citizenship and is accepted. The first of these two pathways to citizenship is specified in the Citizenship Clause of the Fourteenth Amendment of the Constitution which reads: