Meaning, Types and Protection of Fundamental Human Rights for SS 1

Fundamental Human Rights

Performance Objectives

By the end of the lesson, students should be able to:

1. explain the meaning of fundamental human rights;
2. discuss the types of fundamental human rights;
3. evaluate the means of safeguarding fundamental human rights;
4. discuss the limitation of fundamental human rights.

Meaning of Fundamental Human Rights

Fundamental human rights are the moral claims, entitlements and privileges that every individual possesses by virtue of being human, which are recognized, protected and guaranteed by the constitution of a state.

These rights are inherent, meaning they are born with the individual and are not granted by any government or ruler. They are also inalienable, which means they cannot be taken away from a citizen except under special conditions defined by the law. Furthermore, they are universal, applying to all human beings regardless of race, gender, religion, nationality or social status.

The global standard for these rights was established by the United Nations through the Universal Declaration of Human Rights (UDHR) on December 10, 1948. In Nigeria, these rights are entrenched in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria. This constitutional backing ensures that any law or action by the government or individuals that violates these rights can be challenged in a court of law.

Observe the diagram below showing the core characteristics of fundamental human rights.

Types of Fundamental Human Rights

Fundamental human rights are categorized into different groups based on the aspects of human life they protect. These categories ensure that citizens can live in dignity, participate in governance, and enjoy economic and social well-being.

Political Rights

Political rights enable citizens to participate actively in the administration and political processes of their country. These rights ensure that citizens have a voice in choosing their leaders and running for public office.

Examples of political rights include:

1. The right to vote and be voted for in democratic elections.
2. The right to join or form political parties of choice.
3. The right to peaceful assembly and political association.
4. The right to hold public office if qualified.

Social Rights

Social rights protect the personal security, dignity, and social well-being of individuals within the community. They ensure that citizens can live without fear of discrimination or oppression.

Examples of social rights include:

1. The right to life, which protects individuals from unlawful killing.
2. The right to personal liberty, which prevents unlawful arrest or detention.
3. The right to freedom from discrimination based on gender, ethnic group, place of origin, or religion.
4. The right to education, which ensures access to basic learning opportunities.
5. The right to marry and found a family.

Economic Rights

Economic rights are concerned with the financial security, employment, and material well-being of citizens. They allow individuals to work, earn a living, and own property legally.

Examples of economic rights include:

1. The right to own private property and land.
2. The right to work and choose a trade or profession.
3. The right to fair wages and equal pay for equal work.
4. The right to form or join trade unions to protect labor interests.

Access to Information and Civil Rights

Access to information is a critical right that allows citizens to seek, receive, and share knowledge, opinions, and public records. This right promotes transparency, accountability, and active civic participation.

Examples of these rights include:

1. The right to freedom of expression, which allows citizens to speak and write without censorship.
2. The right to freedom of the press, enabling journalists to report news without government interference.
3. The right to access public records and government documents, as supported by laws like the Freedom of Information Act in Nigeria.
4. The right to freedom of thought, conscience, and religion.

Look at the classification chart below showing the different types of fundamental human rights.

Means of Safeguarding Fundamental Human Rights

To prevent the abuse of human rights by powerful individuals, groups, or the government, specific mechanisms must be put in place. These safeguards ensure that rights are not just written on paper but are actively protected in daily life.

The primary means of safeguarding fundamental human rights include:

1. Independence of the Judiciary: The courts must be free from control or influence by the executive and legislative arms of government. This allows judges to deliver impartial judgments when citizens sue the government or other individuals for rights violations.
2. Constitutional Entrenchment: Writing human rights directly into the constitution makes them supreme. Because the constitution is rigid and difficult to amend, it prevents politicians from easily changing or removing these rights.
3. The Rule of Law: This principle ensures that everyone is equal before the law, and that laws are supreme. No individual, including the president, can violate a citizen’s rights without facing legal consequences.
4. Freedom of the Press: An independent media exposes human rights abuses, holds public officers accountable, and educates citizens on their constitutional rights.
5. Activities of Human Rights Organizations: Non-Governmental Organizations (NGOs) such as Amnesty International, the Civil Liberties Organisation (CLO), and government bodies like the National Human Rights Commission (NHRC) monitor, investigate, and report rights violations. They also provide free legal aid to victims.
6. Public Enlightenment and Education: Educating citizens about their rights helps them recognize when those rights are being violated and empowers them to seek legal redress.
7. International Conventions: Treaties and charters, such as the African Charter on Human and Peoples’ Rights, provide external pressure on national governments to respect the rights of their citizens.

Observe the diagram below illustrating how different institutions work together to safeguard human rights.

Limitations of Fundamental Human Rights

Fundamental human rights are not absolute. This means that a citizen’s rights can be restricted or suspended under specific legal conditions. Limitations are necessary to maintain public order, national security, public health, and to protect the rights of other citizens.

The main limitations of fundamental human rights include:

1. State of Emergency: During periods of war, natural disasters, invasion, or severe civil unrest, the government can declare a state of emergency. This allows for the temporary suspension of certain rights, such as the right to freedom of movement and assembly, to restore order.
2. National Security: A citizen’s right to freedom of speech or association can be restricted if their actions or utterances threaten the security of the nation, such as inciting treason, rebellion, or terrorism.
3. Public Health and Safety: During pandemics or outbreaks of highly infectious diseases, the government can restrict freedom of movement through quarantines, lockdowns, or curfews to protect the wider population.
4. The Rights of Others: A person’s right ends where another person’s right begins. For example, the right to freedom of speech does not permit a person to commit slander or libel (damaging another person’s reputation through false statements).
5. Judicial Sentences: The right to personal liberty and freedom of movement is legally taken away when a person is convicted of a crime by a competent court of law and sentenced to prison.
6. Public Morality and Decency: Rights can be restricted to prevent actions that violate public decency, such as public indecency or the distribution of obscene materials.

How to Interpret Constitutional Provisions on Human Rights

Interpreting constitutional provisions is a critical skill used to understand the exact scope of a right and its legal exceptions. Constitutional provisions are written in structured legal language, usually presenting the general right first, followed by the specific conditions under which that right can be limited.

The following procedure explains how to read and interpret Chapter IV of the 1999 Constitution of Nigeria:

1. Identify the Core Right: Read the opening subsection of the constitutional article to identify the main right being guaranteed. For example, Section 41(1) states that every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof.
2. Identify the Exceptions or Limitations: Read the subsequent subsections (often starting with words like “Provided that”, “Nothing in this section shall”, or “Except as”). For example, Section 41(2) explains that this right to movement can be restricted for persons who have committed or are suspected to have committed a criminal offense, or for purposes of extradition.
3. Analyze the Purpose of the Limitation: Determine if the restriction is meant for public safety, national security, public health, or judicial justice. This helps in understanding why the right is not absolute in that specific scenario.
4. Apply the Provision to Real-Life Scenarios: Compare a real-life situation with the constitutional text to see if a violation has occurred. For instance, if a citizen is arrested and detained for more than 48 hours without being brought before a court, this violates Section 35 (Right to Personal Liberty), which specifies the maximum detention period before trial.

Look at the sample constitutional analysis layout below.

Summary and Review Questions

Fundamental human rights are essential for the development of individuals and the preservation of democracy. While these rights are guaranteed by the constitution and protected by institutions like the judiciary and the press, they are subject to limitations to ensure that society remains safe, orderly, and peaceful for everyone.

Review Questions

The following questions can be used to assess understanding of this unit:

1. Define fundamental human rights and state three of their main characteristics.
2. Identify and explain four distinct types of fundamental human rights, giving two examples of each.
3. Evaluate four ways through which fundamental human rights can be safeguarded in Nigeria.
4. Discuss four circumstances under which a citizen’s fundamental human rights may be legally limited.
5. Explain the steps involved in interpreting a constitutional provision relating to human rights.