Legal Definitions - core rights

Core Rights refers to fundamental entitlements that are considered essential, though the scope of these rights can vary depending on whether they are universally recognized or specific to a particular context.

The term can be understood in two main ways:

• 1. Universally Recognized Human Rights: These are fundamental entitlements that are widely accepted and protected across the globe, often enshrined in international agreements. They are considered inherent to all human beings, regardless of nationality, ethnicity, gender, religion, or any other status.

  • Example: Imagine a country where a journalist is arrested and held indefinitely without any charges or access to legal counsel. International human rights organizations would likely condemn this action, asserting that the journalist has a core right to a fair and public hearing by an independent and impartial tribunal, as well as the right to be presumed innocent until proven guilty. This illustrates a core right because the principles of due process and fair trial are globally recognized as essential for protecting individual liberty and preventing arbitrary state power.

  • Example: Consider a situation where a government forcibly takes land from an indigenous community without compensation or due process, displacing them from their ancestral homes. This action would violate the community's core right to self-determination and the right to own property, which are fundamental human rights recognized in international law. The global consensus is that people should not be arbitrarily deprived of their property or their ability to maintain their cultural identity and way of life.

• 2. Fundamental Rights within a Specific Context: These are rights considered essential within a particular society, culture, or legal system, even if they are not universally recognized by all nations or international bodies. Their importance is deeply rooted in the specific values, history, or legal traditions of that particular group or country.

  • Example: In many Western democracies, the ability to access free public education up to a certain age is considered a core right for all citizens. This means that the government is obligated to provide educational institutions and resources without charging tuition for primary and secondary schooling. This is a core right within these societies because they believe that education is fundamental for individual development and societal progress, even though some other countries might view education as a service that families primarily pay for.

  • Example: In some countries, particularly those with a strong emphasis on individual liberty and self-defense, the right of citizens to own firearms is considered a core right, often protected by their constitution. This means that the government's ability to regulate gun ownership is significantly limited. This illustrates a context-specific core right because while it is deeply valued and protected in certain nations, many other countries do not recognize such a right and instead impose strict controls or outright bans on private firearm ownership.