This is a list of universally recognized rights which are described as fundamental in several international treaties and national constitutions.
* 1 List of important rights * 2 Legal meaning in the United States
* 3 Specific jurisdictions
* 4 See also * 5 Footnotes
LIST OF IMPORTANT RIGHTS
Some universally recognized rights seen as fundamental, i.e.,
contained in the
* Right to self-determination * Right to liberty * Right to due process of law * Right to freedom of movement * Right to freedom of thought * Right to freedom of religion * Right to freedom of expression * Right to peaceful assembly * Right to freedom of association
LEGAL MEANING IN THE 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. Individual states may guarantee other rights as fundamental. That is, States may add to fundamental rights but can never diminish or infringe upon fundamental rights by legislative processes. Any such attempt, if challenged, may involve a "strict scrutiny" review in court.
* Conscience and religion * Thought, belief, opinion, and expression, including freedom of the press and other media of communication * Peaceful assembly * Association.
Europe has no identical doctrine (It would be incompatible with the more restrained role of judicial review in European law.) However, E.U. law recognizes many of the same human rights and protects them through other means.
See also: Copenhagen criteria , and European Convention on Human
Rights , which every member state of the EU has to comply with and for
European Court of Human Rights
The Indian fundamental rights, contrasted with such rights contained
in the U. S. bill of rights, present several peculiarities.The
fundamental rights in
There are seven main fundamental rights of India:
* right to equality
* right to freedom which includes freedom of speech and expression ,
right to assemble peacefully, freedom to form associations or unions,
right to move freely throughout the territory of
Newly implemented 7th Fundamental right in
* right to education
It was added in the constitution after the 86th amendment in the year 2002 under article 21A. It is the most recently implemented fundamental right. RTE Act enabled this right in the year 2010.
A recent addition was made to the list of fundamental rights in India in 2017.
* right to privacy.
In American Constitutional Law , fundamental rights have special
significance under the
The original interpretation of the
United States Bill of Rights
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 "incorporate" individual elements of the Bill of Rights against the states . "The test usually articulated for determining fundamentality under the Due Process Clause is that the putative right must be 'implicit in the concept of ordered liberty ', or 'deeply rooted in this Nation\'s history and tradition. '" Compare page 267 Lutz v. City of York, Pa., 899 F. 2d 255 - United States Court of Appeals, 3rd Circuit, 1990.
This set in motion a continuous process under which each individual right under the Bill of Rights was incorporated, one b