CHAPTER 3 – HUMAN RIGHTS

3.1 MEANING OF HUMAN RIGHTS

Human rights refer to the privileges and freedoms enjoyed by every citizen of a country regardless of gender, tribe, religion, or creed. These rights are usually contained in a country’s constitution and are categorized as natural, civil, political, and legal rights. They are undisputable and respected as long as the state recognizes and protects them. When written into the constitution, they are referred to as fundamental human rights.

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3.2  TYPES OF FUNDAMENTAL HUMAN RIGHTS

v  Right to Life
Every citizen has the right to life. No individual or authority should intentionally deprive anyone of life.

v  Right to Personal Liberty
Every citizen has the right to freedom from unlawful detention or restriction. No one should be deprived of their personal liberty without lawful justification.

v  Right to Freedom from Discrimination
Citizens must not be discriminated against based on sex, race, tribe, religion, political opinion, or association.

v  Right to Education
Every citizen has the right to acquire education to any level, provided they are capable and willing.

v  Right to Fair Hearing
Regardless of the offence committed, every citizen is entitled to a fair and impartial hearing before a court or any legally recognized body.

v  Right to Vote and Be Voted For
Citizens have the right to participate in elections by voting or contesting for political positions if they meet legal requirements.

v  Right to Freedom of Movement
Citizens are free to move within and outside the country without restriction, except under conditions such as curfew or legal bans.

v  Right to Own Property
Every citizen has the right to acquire movable and immovable properties such as cars, land, and houses without unlawful interference.

v  Right to Private and Family Life
Citizens have the right to privacy in their homes, family life, marriage, and personal affairs.

v  Right to Peaceful Assembly and Association
Citizens may form or join any association or assembly as long as it is peaceful and lawful.

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3.3 CHARACTERISTICS OF HUMAN RIGHTS

v  Universality

Human rights apply to all human beings everywhere. They are a global concern and exist regardless of individual opinions.

v  Particularity

Different countries may face different human rights issues due to variations in culture, religion, and economic development.

v  Relativity

Human rights must be exercised with respect for the rights of others. One person’s rights cannot be used to harm another. Rights come with responsibilities.

v  Inalienability

Human rights cannot be taken away. Even if a government fails to recognize them or violates them, the rights still belong to the individual (e.g., a slave still has rights even if violated).

v  Indivisibility

All human rights must be enjoyed together. Political, civil, economic, social, and cultural rights are interconnected and equally important.

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3.4 LIMITATIONS TO FUNDAMENTAL HUMAN RIGHTS

Human rights may be restricted or suspended under certain conditions for the sake of public interest, such as:

1. When an association or assembly is unlawful (e.g., secret cults, criminal groups).
2. During military rule, where constitutional rights may be suspended.
3. During crises or emergency situations where government may impose curfews.
4. When a person is lawfully detained by a court.
5. For developmental purposes (e.g., compulsory land acquisition).
6. During outbreaks of contagious diseases.
7. After conviction under civil or criminal law.

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3.5 CATEGORIES OF RIGHTS

1. Civil and Political Rights (First Generation Rights)

These are liberty-oriented rights and include:

• Right to life
• Right to freedom of speech, thought, and religion
• Right to association and assembly
• Right to personal liberty and security

2. Economic and Social Rights (Second Generation Rights)

These are security-oriented rights, such as:

• Right to work
• Right to a reasonable standard of living
• Right to food, shelter, and healthcare

3. Environmental, Cultural, and Developmental Rights (Third Generation Rights)

These include:

• Right to a clean and safe environment
• Right to cultural identity
• Right to political, economic, and social development

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3.6 WAYS OF SAFEGUARDING HUMAN RIGHTS

• Rule of law
• Independent judiciary
• Human rights education
• Human rights commissions
• Media enlightenment
• Democratic governance