Fundamental rights

Fundamental rights are generally regarded set of legal protections in the context of a legal system, where such system is itself based upon this same set of basic, fundamental, or inalienable rights. Such rights thus belong without presumption or cost of privilege to all human beings under such jurisdiction. The concept of human rights has been promoted as a legal concept in a large part owing to the idea that human beings have such "fundamental" rights, such that transcend all jurisdiction, but are typically reinforced in different ways and with different emphasis within different legal systems. These are the social claims or privileges that are provided by the state to its citizens. They are inviolable and remain attached against their breaching. These rights are applicable to all, irrespective of their backgrounds.

Some universally recognized rights seen as fundamental, i.e., contained in the United Nations Universal Declaration of Human Rights, the U.N. International Covenant on Civil and Political Rights, or the U.N. International Covenant on Economic, Social and Cultural Rights, include the following:

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 determining whether their protection is part of a longstanding tradition. Individual states may guarantee other rights as fundamental, (i.e.), States may add to fundamental rights but can never diminish or infringe upon our fundamental rights by legislative processes. Any such attempt requires a "strict scrutiny" review by the U.S. Supreme Court.

In Canada, the Charter of Rights and Freedoms outlines four Fundamental Freedoms. These are freedom of:

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