Basisrecht

Basisrecht is a term used in legal theory to denote a fundamental or basic right that underpins the functioning of a democratic legal order. It is not a universally standardized term in every jurisdiction, but is often employed to highlight rights that are essential for individual autonomy and legal equality and that ground other civil and political rights. In Dutch law, the more common designation for these protections is grondrechten (fundamental rights), and basisrecht tends to appear mainly in comparative or scholarly writing to emphasize a foundational character rather than to name a specific set of rights.

Basisrechten are typically enshrined in constitutions or in international human rights instruments. They are protected by judicial review and are interpreted as enabling the exercise of more particular rights; restrictions on basisrechten are generally permitted only to pursue legitimate aims and must pass proportionality and necessity tests, according to the relevant constitutional and human rights framework.

Common examples often associated with the idea of basisrechten include the right to life and bodily integrity, freedom of expression, freedom of religion or belief, the right to privacy, freedom of assembly and association, equality before the law, and due process in the administration of justice. The exact content and strength of protection for basisrechten depend on the specific legal order and its jurisprudence, but they are typically viewed as the core protections that enable other rights to function effectively.

In summary, basisrecht refers to the foundational rights that underpin a constitutional order, with the term most commonly used in theoretical or comparative contexts rather than as a formal category in Dutch law.