Fundamental rights

Definition

Fundamental rights are the basic human rights and freedoms that are guaranteed to all individuals, often enshrined in a constitution or legal framework. These rights serve as a cornerstone for the protection of personal liberties, ensuring that every individual has access to justice, equality, and freedom from discrimination. They are particularly relevant in discussions surrounding civil liberties and the ongoing struggle for equality, especially in the context of marginalized groups seeking recognition and protection under the law.

5 Must Know Facts For Your Next Test

1. The Supreme Court has expanded the interpretation of fundamental rights over time, particularly through landmark decisions that have established protections for various marginalized groups.
2. Fundamental rights are often associated with issues like marriage equality, reproductive rights, and the right to privacy, making them central to LGBTQ+ rights cases.
3. Cases such as Obergefell v. Hodges have underscored the significance of fundamental rights in guaranteeing same-sex marriage as a constitutionally protected right.
4. The concept of fundamental rights is closely tied to the idea of substantive due process, which ensures that certain rights are so essential that they cannot be infringed upon without sufficient justification.
5. Fundamental rights serve not only as legal protections but also as a means for social change, enabling advocacy for increased recognition and enforcement of these rights in society.

Review Questions

• How have recent Supreme Court rulings expanded the understanding of fundamental rights for LGBTQ+ individuals?
  • Recent Supreme Court rulings have significantly expanded the understanding of fundamental rights for LGBTQ+ individuals by affirming their right to marry and ensuring protection against discrimination. The landmark case Obergefell v. Hodges recognized same-sex marriage as a fundamental right under the Constitution, which was a major victory for LGBTQ+ rights advocates. Additionally, decisions related to employment discrimination, such as Bostock v. Clayton County, reinforced the notion that discrimination based on sexual orientation or gender identity violates fundamental principles of equality.
• In what ways does the Equal Protection Clause relate to fundamental rights within the context of LGBTQ+ rights jurisprudence?
  • The Equal Protection Clause is integral to understanding how fundamental rights apply to LGBTQ+ individuals. This clause mandates that all people be treated equally under the law, which has been crucial in challenging discriminatory practices and policies against LGBTQ+ individuals. Courts have utilized this clause in cases involving marriage equality and anti-discrimination protections, demonstrating how it reinforces the argument that denying these rights constitutes unequal treatment. The application of this clause has helped establish a legal framework that supports and protects the fundamental rights of LGBTQ+ individuals.
• Evaluate how the evolving interpretation of fundamental rights impacts social movements advocating for greater equality and justice.
  • The evolving interpretation of fundamental rights significantly impacts social movements advocating for greater equality and justice by providing a legal foundation for their claims. As courts recognize more issues as fundamentally protected rights, social movements gain momentum and legitimacy in their efforts to challenge inequalities. For example, the expansion of fundamental rights to include LGBTQ+ protections has energized activists seeking broader societal acceptance and legal acknowledgment. Moreover, this evolving landscape encourages ongoing advocacy for other marginalized groups who seek recognition and protection under similar constitutional frameworks, driving forward social change.

Related terms

Equal Protection Clause: A provision in the Fourteenth Amendment of the U.S. Constitution that requires states to provide equal protection under the law to all persons within their jurisdictions.

Due Process: A legal principle that ensures fair treatment through the judicial system, protecting individuals from arbitrary denial of life, liberty, or property.

Civil Rights: The rights of citizens to political and social freedom and equality, which aim to protect individuals from discrimination based on characteristics like race, gender, and sexual orientation.