Explain the term Fundamental Human Rights. Why is it entrenched in a constitution?

Answer Details

Meaning of Fundamental Human Rights

Fundamental Human Rights are the basic rights, freedoms and privileges to which every human being is entitled by virtue of being a person. They are inalienable, natural rights which the state recognises and guarantees to all citizens, and which cannot lawfully be taken away except by due process of law. Examples include the right to life, personal liberty, freedom of expression, freedom of movement, freedom of association, freedom of thought, conscience and religion, right to fair hearing, right to private and family life, and freedom from discrimination.

Why it is entrenched in a constitution

1. Protection from abuse of power: Entrenchment shields citizens' rights against arbitrary interference by the government and its officials.
2. Difficulty of amendment: Being placed in the constitution with a rigid amendment procedure makes the rights secure and not easily tampered with by an ordinary law.
3. Enforceability in court: Entrenchment makes the rights justiciable, so that any citizen whose rights are violated can seek redress in the courts.
4. Promotion of the rule of law and democracy: It ensures equality before the law and limits governmental power, sustaining democratic governance.
5. Preservation of human dignity and freedom: It guarantees the liberty, dignity and welfare of the individual within the state.
6. Check on tyranny: It prevents the emergence of dictatorship by placing clear limits on what government may do to the citizen.