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Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution , or have been found under due process of law.
Articles 6–11 refer to the fundamental legality of human rights with specific remedies cited for their defence when violated. Articles 12–17 set forth the rights of the individual towards the community, including freedom of movement and residence within each state, the right of property, the right to a nationality and right to asylum.
The term inalienable rights (or unalienable rights) refers to "a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered". The adherence to the principle of indivisibility by the international community was reaffirmed in 1995:
Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal, fundamental and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights.
That is why it is important for countries to protect the political rights of all citizens including minority groups. This extends to racial, ethnic, tribal, and religious groups. By granting them the same rights it helps reduce the risk of political violence breaking out. [13]
The term "human rights" has replaced the term "natural rights" in popularity, because the rights are less and less frequently seen as requiring natural law for their existence. [10] For some, the debate on human rights remains thus a debate around the correct interpretation of natural law, and human rights themselves a positive, but ...
Article 16 (titled Scope and interpretation of fundamental rights and known as the "open clause of fundamental rights") of the Portuguese Constitution explicitly refers to fundamental rights not enumerated in it, but in other legal sources, reading as follows: "1. The fundamental rights enshrined in the Constitution shall not exclude any others ...
This landmark guarantee of Fundamental Rights was regarded as a unique example of judicial independence in preserving the sanctity of Fundamental Rights. The Fundamental Rights can only be altered by a constitutional amendment, hence their inclusion is a check not only on the executive branch but also on the Parliament and state legislatures. [17]