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Topic: Fundamental right

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	Fundamental Rights, Directive Principles and Fundamental Duties of India - Wikipedia, the free encyclopedia
		The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the state towards its citizens and define the duties of the citizens towards the state.
		The Fundamental Rights and Directive Principles were included in the final draft of the constitution promulgated on 26 November 1949, while the Fundamental Duties were later added to the constitution by the 42nd Amendment Act in 1976.
		The right to freedom encompasses the freedom of expression, the freedom to assemble peacefully without arms, the freedom to form associations and unions, the freedom to move freely and settle in any part of the territory of India and the freedom to practise any profession.
	en.wikipedia.org /wiki/Fundamental_Rights,_Directive_Principles_and_Fundamental_Duties_of_India (4817 words)

	Fundamental right - Wikipedia, the free encyclopedia
		A fundamental right is a right that has its origin in a country's constitution or that is necessarily implied from the terms of that constitution.
		While the recognition of such rights have changed over time, they are generally coterminous with the rights laid out in the Bill of Rights.
		Any restrictions on these rights are treated with the same strict scrutiny as restrictions on enumerated rights in the Constitution.
	en.wikipedia.org /wiki/Fundamental_right (262 words)

	Fundamental Rights
		A fundamental right is denied if a person is punished for exercising the right; if the government can punish people arbitrarily, then it can punish people for exercising their rights; thus, the right not to be deprived of liberty without due process of law (that is arbitrarily) is fundamental.
		Right To notice of laws: A punishment for an act is arbitrary if the person punished could not know about the laws on which the punishment is based before the punishment and the act neither violates fundamental rights nor is plainly wrong and harmful.
		Thus, the right to obtain an advisory opinion (from an appropriate authority) on the meaning of a vague law and not to be punished for violating such a law when the action is legal under the advisory opinion is, to a substantial extent, a fundamental right.
	web.mit.edu /dmytro/www/FundamentalRights.htm (5906 words)

	Food: a fundamental human right (Site not responding. Last check: 2007-11-01)
		Despite the fact that the right to food is recognized directly or indirectly by all countries in the world, hunger, whether caused by war, drought, natural disaster or poverty, continues to cause widespread suffering.
		Ensuring the right to adequate food and the fundamental right to be free from hunger is a matter of international law, specifically enshrined in a number of human rights instruments to which states around the world have committed themselves.
		To be able to enjoy the right to food fully, people need access to health care and education, respect for their cultural values, the right to own property and the right to organize themselves economically and politically.
	www.fao.org /Focus/E/rightfood/right1.htm (570 words)

	Invalidity Insurance- A Fundamental Human Right?
		The question of what rights ought be universal goes straight to the heart of the values of society and human kind.
		The right is not one to state provision, but rather to the service, which may be provided by the state through private or public means.
		Fundamentally, the right to invalidity protection in the aforementioned situations ought be a basic and unbridgeable human right codified in the Universal Declaration.
	students.washington.edu /nowellb/phil338 (1771 words)

	Food: a fundamental human right -
		In addition, however, states should also do everything possible to promote full enjoyment of the right to adequate food for everyone within their territory -- in other words, people should have physical and economic access at all times to food that is sufficient in quantity and quality for a healthy and active life.
		Food: a fundamental human rightDespite the fact that the right to food is recognized directly or indirectly by all countries in the world, hunger, whether caused by war, drought, natural disaster or poverty, continues to cause widespread suffering.
		To be able to enjoy the right to food fully, people need access to health care and education, respect for their cultural values, the right to own property and the right to organize themselves economically and politically.Without adequate food, people cannot lead healthy, active lives.
	www.oceansatlas.com /cds_static/en/food_fundamental_human_right__en_2419_16641.html (688 words)

	The Hindu : Education as a fundamental right
		Jaitley was right when he argued that this logic could apply to several other penal provisions and should it mean that all those laws be repealed), the leading lawyer explained that a resolution by the United Nations after September 11, 2001, had rendered a law of this kind imperative.
		Jaitley (for all his knowledge on rights and freedom) and the NDA Government (for all its enthusiasm to follow U.N. resolutions) need to be reminded that an amendment to the Constitution to make education a fundamental right is what is expected of the signatories to the U.N. Covenant on Economic, Social and Cultural Rights (ICESR).
		The right to education, if implemented wholeheartedly, would help build a society where bigots and fundamentalists would find it more difficult to manufacture consent to a socio-economic order that is inegalitarian and prone to fratricidal conflicts arising out of divisive and majoritarian campaigns.
	www.hinduonnet.com /thehindu/2002/05/06/stories/2002050600041000.htm (842 words)

	Parenting as a Constitutional Right
		Inherent in the express public policy is a recognition of the child's right to equal access and opportunity with both parents, the right to be guided and nurtured by both parents, the right to have major decisions made by the application of both parents' wisdom, judgement and experience.
		On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process.
		This routine and cavalier deprivation of parental rights takes place in the context of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way.
	www.gocrc.com /constitution.html (4969 words)

	BCCLA Position Paper: Freedom of expression as a fundamental right, 1989
		And if I am right in claiming this, then it must be the case that if there is a legitimate case to be made out for the expression rights as fundamental, it must be based on considerations other than a set of calculations of benefits and costs.
		Canadians claim a fundamental right to freedom of conscience and expression not because that freedom is pleasant or contingently useful for any subordinate purposes; it is because they must govern that the minds and expressions of citizens must be protected rather than limited by our laws.
		It is worth reviewing the fundamental source of that complexity, which resides in the fact that in a representative democracy, the people are at once the ultimate source of all political authority, as well as the subjects of their own rule, as it is articulated and executed by the government they elect.
	www.bccla.org /positions/freespeech/89fundamentalright.html (14357 words)

	Fundamental Rights under the Irish Constitution (Site not responding. Last check: 2007-11-01)
		For example, your right to marry is not specifically mentioned in the Constitution, however, the courts have found that it is a fundamental personal right.
		Fundamental rights are not absolute - they can be limited or restricted by the Oireachtas on the grounds, for example, of the common good or public order.
		If there is a conflict between the constitutional rights of individuals, the courts will look at all the circumstances and weigh all of the factors to decide which constitutional right is more important in that particular case.
	www.oasis.gov.ie /government_in_ireland/the_constitution/constitution_fundamental_rights.html (243 words)

	Fundamental Rights and Equal Protection Clause Analysis: The Right to Vote and the Right to Education
		The issue: Should heightened scutiny be applied when laws disproportionately burden certain classes of persons with respect to fundamental rights such as the right to vote, the right to run as a candidate, the right to marry or divorce, and the right to fairness in the criminal justice system?
		Heightened scutiny has been limited to cases involving the right to vote, the right to be a candidate, and to fees that prevent indigents from marrying, divorcing, and obtaining transcripts and securing legal assistance for a criminal appeal.
		The right to vote is the fundamental right that has been the source of the most significant Supreme Court litigation.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/fundrights.html (1013 words)

	Suzanne M. Alford, Is Self-Abortion a Fundamental Right?, 52 Duke L. J. 1011 (2003) (Site not responding. Last check: 2007-11-01)
		The Court concluded that a woman's right to terminate her pregnancy is included within the Fourteenth Amendment's implied right to privacy, but it also held that the right to abort was limited.
		Thus, because a woman does not have a constitutional right to terminate her pregnancy after her fetus is viable, it logically follows that she does not have the right to self-abort after the viability point.
		Similarly, although a woman has a right to terminate her pregnancy before her fetus is viable, there are bounds on this liberty interest, based on a state's interest in the preservation of a woman's life.
	www.law.duke.edu /journals/dlj/articles/dlj52p1011.htm (6337 words)

	The Fundamental Right You Don't Have
		Currently, voting is a state right, and all 3,067 counties in the 50 states have different rules about who votes and how.
		The right to vote is the fundamental citizenship right that protects all other rights.
		The fundamental reason is this: The U.S. Constitution does not contain a right to vote, and therefore Congress fails to establish enforceable uniform standards or a unitary voting system.
	www.guerrillanews.com /headlines/1360/The_Fundamental_Right_You_Don_t_Have (497 words)

	Canadian charter of rights and freedoms (Site not responding. Last check: 2007-11-01)
		Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
		Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
		A reference in this Charter to a Province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.
	laws.justice.gc.ca /en/charter (2190 words)

	The fundamental right to religious freedom
		The fundamental right to religious freedom in the XXI century
		Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
		This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
	www.ishr.org /activities/religiousfreedom/fundamentalright.htm (850 words)

	SSRN-Ubi Jus, Ibi Remedium: The Fundamental Right to a Remedy by Tracy Thomas
		Rather, this essay argues that the right to a meaningful remedy is a fundamental right protected by the Due Process Clause of the Fourteenth Amendment.
		It argues not only that the right to a remedy has been recognized historically as a fundamental right, but that it should appropriately be considered a fundamental interest under the law.
		Rights standing alone are simply expressions of social values.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=459027 (441 words)

	TomPaine.com - The Fundamental Right You Don't Have
		Currently, voting is a state right, and all 3,067 counties in the 50 states have different rules about who votes and how.
		The First Amendment contains individual citizenship rights that go with you from state to state (that is, they are the same wherever you are in the United States) and they are protected and enforced by the federal government.
		Comparatively, a "state right" is not an American citizenship right, but a right defined and protected by each state—and limited to that state.
	www.tompaine.com /articles/the_fundamental_right_you_dont_have.php (981 words)

	Fundamental Right to Prosecution
		The right to obtain financial compensation for a human rights abuse and to have the perpetrator of such an abuse prosecuted and punished is itself a fundamental human right that cannot be taken from a victim or waived by a government.
		For that reason, the treaties and decisions that have addressed the rights of victims to redress have not always made a clear distinction between the right to ensure that a humanrights abuser is criminally prosecuted and the right to bring a claim for monetary compensation.
		Both these rights exist, and both are crucial elements to the fundamental human right to obtain redress for violations of substantive human rights norms.
	www.ipunlimited.org /Media_Center/Shift_Happens/Fundamental_Right_to_Prosecuti/fundamental_right_to_prosecuti.html (4429 words)

	PRIMARY FUNDAMENTAL RIGHT PETITION
		No person or persons have the right to prohibit what another person puts in or takes out of their own body.
		You have returned to the prohibition era with the personal rights of your citizens once again being violated by those who should be protecting them.
		In a free society that is their right, as most tobacco smokers, alcohol drinkers and caffeine users must surely agree.
	www.primaryfundamentalright.org (1467 words)

	"The Fundamental Right of Self Defense: The 28th Amendment" by Raymond Kraft (Site not responding. Last check: 2007-11-01)
		Thus the right to keep and bear a firearm is essential to the fundamental right of self-defense, for without a gun the small, the old, the infirm, and the weak, are defenseless.
		The Right of the People to keep and bear arms as specified in Amendment II of this Constitution is essential to the fundamental right of self-defense, and the defense of others, and is personal to each Citizen and lawful resident of the United States.
		First, that the right to possess arms is personal to each citizen, each individual, and not merely the collective right of government sponsored military and police forces - the debate that lies at the heart of the gun control issue.
	www.chronwatch.com /content/contentDisplay.asp?aid=14372 (1110 words)

	Right to Food Campaign: Home Page
		The "Right to Food Campaign" is an informal network of organisations and individuals committed to the realisation of the right to food in India.
		We consider that everyone has a fundamental right to be free from hunger.
		The secretariat of the right to food campaign can be reached at righttofood@gmail.com.
	righttofoodindia.org (467 words)

	The Hindu : Education as fundamental right
		NOW THAT THE Lok Sabha has passed the 93rd Constitution Amendment, the desire to have the Right to Education (up to the upper primary stage) as a Fundamental Right guaranteed by the Constitution is closer to becoming a reality.
		And one would expect, given the stated objectives of the Union Cabinet and the resolve shown by the parties across the spectrum (evident in the fact that the Bill was passed unanimously in the Lok Sabha), its early passage in the Upper House and Presidential assent soon after.
		It is only a matter of time before the Constitution guarantees the Right to Education for all children between six and 14 years of age.
	www.hinduonnet.com /2001/12/01/stories/2001120100351000.htm (365 words)

	PRIMARY FUNDAMENTAL RIGHT PETITION FORM (Site not responding. Last check: 2007-11-01)
		He believes we are all born with certain rights and the first one must be that we are all born free.
		Under the 13th Amendment convicts have virtually no rights and can be treated as slaves by their jailers.
		They're the one's who gained the most by ignoring basic human rights and prospering from the misery of others." He concluded, "the truth is slavery never left America, it's been hiding behind the 13th Amendment all this time.
	www.primaryfundamentalright.org /press_release.html (1161 words)

	AFL-CIO Weblog \| Voting Rights Act: After 40 Years, Still Fighting for a Fundamental Right
		A broad coalition—including the AFL-CIO, unions, civil rights groups, religious leaders, immigrant advocates and others—is fighting to defend our most basic civil right, the right to vote, by supporting legislation to reauthorize key provisions of the Voting Rights Act of 1965.
		The law, arguably the most successful civil rights legislation ever passed, outlaws such atrocities as literacy tests and poll taxes to prevent people of color from voting and has helped ensure that people of color have an opportunity to achieve elective office.
		The AFL-CIO and its partners in the Voting Rights Act Collaborative are asking their members to write their representatives in Congress to urge them to renew the act.
	blog.aflcio.org /2006/05/02/voting-rights-act-after-40-years-still-fighting-for-a-fundamental-right (768 words)

	The Right to Vote
		And yet the right to vote is not a fundamental right in our Constitution.
		Some liberals argue that the fundamental right to vote for every American citizen is implied in the Constitution, based on Supreme Court precedent.
		Fighting for human and constitutional rights is a theme, and a strategy, that could keep Democrats together for the next fifty years, election after election.
	www.thenation.com /doc/20060206/jackson (701 words)

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