Fundamental Rights

Fundamental Rights

The term "Fundamental Rights" can be defined as the constitutionally guaranteed human rights. Fundamental rights are those guaranteed by the constitution which no one is authorized to take away from you. In terms of the senior citizens, the fundamental rights ensure that the state shall provide them special protection and take into account their issues of social security as stipulated in the law. Therefore, the fundamental rights are considered to be basic human rights. These rights are essential for the people.

Citizen has to perform certain duties towards the state. Therefore, the state also has certain responsibilities to create a conducive environment for its citizen to lead a happy and contented life.

The newly added fundamental rights are the right to live with dignity, the right to get food, the right to residence, the right to senior citizens, consumer rights, and right of crime victims, among others.

The worldwide declaration of human rights, passed by UNO in 1948 A.D. are listed below:

1. Everyone has the right to life and security of person.
2. Everyone has the right to follow the religion of one's choice.
3. Everyone has the right to recognition everywhere as a person before the law.
4. Everyone has the right to freedom of movement within the borders of each state.
5. Everyone has the right to leave any country, including his own, and to return to his country.
6. Everyone has right to earn.
7. Everyone has the right to freedom of peaceful assembly and association.
8. Everyone has the right to work, in favourable conditions of work and to protection against unemployment.
9. Everyone has the right to freely participate in the cultural life of the community.

Some of the fundamental rights are as follows:

Right to live with dignity:
Each person shall have the right to live with dignity. No law shall be made for capital punishment. The right to live with dignity arises in debates on issues of capital punishment, war, abortion, and public health care.

Right to freedom:

The constitution provided by law states that no person shall be deprived of her/his personal liberty. Every citizen shall have the freedoms: freedom of opinion and expression, freedom to assemble peacefully and without arms, freedom to form a political party. The citizen is also given freedom to form unions and associations, freedom to move and reside in any part of Nepal, and freedom to engage in any occupation or be engaged in employment, establish and operate.

Right to equality:

All citizens shall be equal before the law. No person shall be denied the equal protection of the law. There shall be no discrimination in the application of general laws on the grounds of origin, religion, race, caste, tribe, sex, physical conditions, disability, health condition, matrimonial status, pregnancy, economic condition, language or geographical region, or ideology or any other such grounds. The constitution regards it illegal to discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, physical condition, disability, health conditions, economic condition, language or geographical region, ideology and such other matters.

Rights against untouchability and discrimination:
No person shall be treated with any kind of untouchability or discrimination in any private or public place on grounds of caste, ethnicity, origin, community, occupation, or physical condition. No person belonging to a particular caste or ethnicity shall be prevented from buying an object or getting services or facilities in the process of production of such objects or in the distribution or delivery of services, or no such objects shall be sold to, or facilities or services distributed or delivered to persons belonging to a particular caste or ethnicity only.

Right to property:
Every citizen shall, subject to laws, have the right to acquire, enjoy own, sell, have professional gains, and otherwise utilize, or dispose of property.

Right to education, religion, and culture:
The constitution has also provided right to protect, promote and develop language, script, tradition, and culture of the people. The citizens also have right to get education without discrimination. The communities are free to run a school and provide education in their mother tongue up to primary level.

Right to social security:

Economically poor, physically incapacitated and helpless person, helpless single women, persons with physical impairment, children, persons who cannot look after themselves and the citizens who belong to communities that are on the verge of extinction, shall have the right to social security as provided for by law.

Rights of consumers:
Each consumer shall have the right to quality foodstuffs and services according to the constitution of Nepal. A person who has suffered from sub-standard objects or services shall have the right to be compensated as provided for by law.

Rights of children:
Each child shall have the right to his/her identity with the family name, and birth registration. Every child shall have the right to education, health care nurturing, appropriate upbringing, sports, recreation and overall personality development from family and the state. Every child shall have the right to formative child development, and child participation.

Similarly, other fundamental rights include:

• Rights to privacy
• Rights regarding labour
• Rights against torture
• Rights against exile
• Rights to social justice
• Rights against preventive detention
• Rights of women
• Rights of Dalits
• Right to health care
• Rights regarding environment and health