Types of Rights

Rights are essential principles that protect individuals and ensure their dignity, freedom and well-being in society. Different legal systems recognise various types of rights that provide individuals with different levels of protection and entitlements. 

Legal Rights

Legal rights are a broad category that encompasses all rights recognised and enforced by the legal system of a country. These rights are typically created and upheld through statutes, case law and other legal instruments. 

Legal rights vary in scope and can encompass civil rights, property rights, contract rights and more. They serve as the foundation of the rule of law and ensure that individuals can exercise their entitlements while abiding by legal obligations.

Constitutional Rights

Constitutional rights are a subset of legal rights that are explicitly listed and protected by a country’s constitution. Often referred to as “fundamental liberties” or “fundamental rights,” these rights are considered inviolable and are granted the highest level of protection. 

Constitutional rights act as a check on the government’s power and ensure that citizens’ liberties are safeguarded from any infringement by the state or other individuals.

Fundamental Rights

Fundamental rights, as mentioned above, are those rights that are enshrined in a country’s constitution. These rights typically include freedoms such as freedom of speech, freedom of religion, right to life, liberty and security of the person and the right to equality and non-discrimination. 

They are considered fundamental to human dignity and societal progress and any violation of these rights is subject to strict scrutiny by the judiciary.

Statutory Rights

Statutory rights are rights that are established by statutes, which are laws passed by legislative bodies. These rights can address various aspects of life, including labour rights, consumer rights and social welfare rights. 

Unlike constitutional rights, statutory rights can be modified or repealed through the legislative process. However, they still offer essential protections to individuals and often work in conjunction with constitutional rights to ensure comprehensive legal coverage.

Human Rights

Human rights are universal rights that belong to all individuals by virtue of their humanity, regardless of their nationality, race, gender or any other status. They are often considered the foundation of human dignity and are codified in international treaties and agreements, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. 

Human rights encompass civil, political, economic, social and cultural rights and they impose obligations on both governments and individuals to respect, protect and fulfil these rights.