How are the legal provisions on fundamental rights?
Fundamental rights and human rights are similar at first glance, but they can simply be described as two concepts that are recognized both locally and internationally.
Fundamental rights are specific to a country and are shaped according to the country’s history and culture, while human rights or human rights are a set of internationally recognized universal rights.
It is very important for trade union activists to have an understanding of fundamental rights when educating their membership. That is, when working for the rights of trade union members and taking trade union action, it is further important for them to know whether those actions fall under fundamental rights or violate fundamental rights.
When a human right is included in the constitution, it is recognized as a fundamental right.
The inclusion of a separate chapter on fundamental rights in the Constitution of Sri Lanka is an internationally recognized universal situation. While fundamental rights are enforceable before the Supreme Court as a matter of law, the scope and opportunities for human rights to be enforced before a court are limited.
The freedom and happiness of life of every citizen must be guaranteed and protected by a government. If these fundamental rights are directly enforceable against the government, then the arbitrary power and functions of a government are limited.
In this regard, the Supreme Court of India has emphasized the immense responsibility of a government regarding fundamental rights as follows.
It is an internationally important matter to give a special place to fundamental rights in the Constitution. Fundamental rights are accepted as the conscience of the Constitution and as the soul of the Constitution.
The Constitution of Sri Lanka includes fundamental rights and is implemented in several ways. According to the Constitution of Sri Lanka, freedom, equality, fundamental rights and the independence of the judiciary are guaranteed to ensure the dignity and prosperity of the citizens of the country.
Sri Lanka first included a clause called Fundamental Rights in the 1972 Constitution of the Republic. The lack of a mechanism to legally enforce fundamental rights when they are violated is confirmed by the inclusion of 3 separate chapters for fundamental rights in the 1978 Democratic Socialist Constitution and the delegation of power to the Supreme Court to implement them. Accordingly, the civil and political rights from Article 10 to Article 14 of the 1978 Constitution are rights that must be respected, protected and promoted by every governing institution. They should not be restricted or deprived except in the manner and to the extent specified in the Constitution.
This is clearly evident from the fact that Chapter 6 of the Constitution, under the principle of guiding state policy and fundamental duties, states that it is committed to fulfilling the fundamental rights and freedoms of all persons.
In the case of a violation of fundamental rights, someone is liable only if it is done through an executive or administrative act. This does not include the private sector, the judiciary and Parliament. Often, a violation of fundamental rights is considered to arise from an abuse of power or an act committed in excess of power by a government official or government institution.
The government parties that can violate fundamental rights through executive actions are
All the secretaries of ministries.
Provincial Councils, Urban Councils and Pradeshiya Sabha Secretaries
Police Department
Tri-Forced Forces
The parties whose fundamental rights may be violated by administrative actions are
All departments
Authorities
Corporations and statutory boards
Statutory commissions
Companies in which the government owns more than 50% of the shares
And that person has the right to file a petition with the Supreme Court in accordance with Article 126 of the Constitution regarding the violation of any fundamental right by an act or administrative action, not only by itself but also by the imminent violation.
Human Rights Protection Organization