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 evolution of fundamental human rights in relation to the Universal Declaration of Human Rights (UDHR);
3. discuss the characteristics of human rights;
4. explain the limitations of human rights;
5. discuss the meaning and provisions of the African Charter on Human and Peoples’ Rights, the Child Rights Act, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities.

Meaning of Fundamental Human Rights

Fundamental human rights are the basic natural rights and freedoms that every individual is entitled to enjoy by virtue of being a human being, regardless of nationality, race, gender, religion, language or status.

These rights are inherent, meaning they are born with the individual and cannot be granted or bought. They are essential for human dignity, physical and mental development, and peaceful coexistence in society. Without these rights, individuals cannot fully express their potential or live a life free from fear, oppression, and injustice. Governments do not create these rights; rather, they recognize, protect, and enforce them through legal frameworks such as national constitutions and international treaties.

Evolution of Fundamental Human Rights in Relation to the UDHR

The concept of human rights has evolved over centuries through various historical documents, struggles, and philosophical ideas. Early milestones include the Magna Carta of 1215 in England, which limited the absolute power of the king, the French Declaration of the Rights of Man and of the Citizen in 1789, and the United States Bill of Rights in 1791. However, these early documents were limited in scope and did not apply to all people globally.

The modern, global framework of human rights emerged directly as a response to the atrocities committed during World War II. The scale of destruction and systematic abuse of human lives during the war convinced world leaders that international peace could only be secured if human rights were protected globally. This led to the establishment of the United Nations (UN) in 1945.

To establish a common standard of rights for all nations, the United Nations formed a Commission on Human Rights, chaired by Eleanor Roosevelt. This commission drafted the Universal Declaration of Human Rights (UDHR).

The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly on December 10, 1948, in Paris, France, as a common standard of achievements for all peoples and all nations.

The UDHR consists of 30 articles that outline civil, political, economic, social, and cultural rights. It represents the first time in human history that nations agreed on a comprehensive statement of inalienable human rights. Although the UDHR is not a legally binding treaty on its own, it has acquired immense moral and political authority. It served as the foundation for modern international human rights law, inspiring regional treaties and national constitutions, including Chapter 4 of the Nigerian Constitution.

Characteristics of Human Rights

Human rights possess distinct features that define how they apply to individuals and how governments must respect them.

The characteristics of human rights are:

1. Universality: Human rights belong to all people everywhere, regardless of their nationality, race, gender, religion, political opinion, or social status. Every human being is born with these rights, and they apply equally in every country.
2. Inter-dependence: The enjoyment of one right is dependent on the enjoyment of other rights. For example, the right to education is necessary for an individual to fully exercise their right to vote, work, and participate in governance.
3. Inter-relatedness: Human rights are connected to one another. A threat to one right typically threatens other rights, while the promotion of one right helps in the realization of others.
4. Indivisibility: Human rights cannot be divided or treated as a menu from which to choose. Civil, political, economic, social, and cultural rights are of equal status and importance. One category of rights cannot be fully enjoyed without the others.

Limitations of Human Rights

Although human rights are fundamental and inalienable, they are not absolute. An individual’s rights are limited to ensure that they do not infringe upon the rights of others or threaten the survival of the society.

The circumstances under which human rights can be limited include:

1. State of Emergency: During periods of war, natural disasters, or severe public disturbances, a government may temporarily suspend certain rights to restore public order and safety.
2. Protection of Public Health: Rights such as freedom of movement or assembly can be restricted to prevent the spread of contagious diseases, as seen during global pandemics.
3. Protection of Public Morals: Freedom of expression or association can be restricted if it promotes activities that violate the accepted moral standards of the society, such as public indecency.
4. National Security and Public Safety: Rights can be limited to prevent treason, terrorism, or riots that threaten the existence of the state or the safety of its citizens.
5. Protection of the Rights of Others: An individual’s freedom of speech does not permit them to slander, defame, or lie about another person, as this violates the other person’s right to dignity and reputation.
6. Judicial Sentences: The right to personal liberty can be lawfully restricted through imprisonment if an individual is tried, convicted, and sentenced by a court of competent jurisdiction for a criminal offense.

Rights Under Chapter 4 of the 1999 Constitution of Nigeria

The 1999 Constitution of the Federal Republic of Nigeria (as amended) contains a dedicated section that guarantees the fundamental rights of all Nigerian citizens. This section is known as Chapter 4.

The fundamental rights guaranteed under Chapter 4 of the 1999 Constitution of Nigeria are:

1. Right to Life (Section 33): Every citizen has a right to life, and no one shall be deprived intentionally of their life, except in the execution of a sentence of a court in respect of a criminal offense of which they have been found guilty.
2. Right to Dignity of Human Person (Section 34): Every individual is entitled to respect for the dignity of their person. This prohibits torture, cruel, inhuman, or degrading treatment, slavery, and forced labor.
3. Right to Personal Liberty (Section 35): Every person is entitled to their personal liberty. No citizen should be deprived of liberty except in cases permitted by law, such as lawful arrest or detention.
4. Right to Fair Hearing (Section 36): In the determination of civil rights and obligations, or criminal charges, a person is entitled to a fair hearing within a reasonable time by a court or tribunal established by law.
5. Right to Private and Family Life (Section 37): The privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is guaranteed and protected.
6. Right to Freedom of Thought, Conscience and Religion (Section 38): Every citizen has the freedom to change their religion or belief, and to practice, propagate, and teach their religion in public or private.
7. Right to Freedom of Expression and the Press (Section 39): Every person is entitled to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference.
8. Right to Peaceful Assembly and Association (Section 40): Every person is entitled to assemble freely and associate with other persons, including forming or belonging to political parties, trade unions, or other associations.
9. Right to Freedom of Movement (Section 41): Every citizen is entitled to move freely throughout Nigeria and to reside in any part of the country. No citizen shall be expelled from Nigeria or refused entry.
10. Right to Freedom from Discrimination (Section 42): No Nigerian citizen shall be subjected to disabilities, restrictions, or deprivation of privileges based on their community, ethnic group, place of origin, sex, religion, or political opinion.
11. Right to Acquire and Own Immovable Property (Section 43): Subject to the provisions of the constitution, every citizen has the right to acquire and own immovable property anywhere in Nigeria.

Regional and International Human Rights Instruments

To strengthen the protection of human rights beyond national borders, regional and international bodies have adopted specific treaties and charters. Nigeria is a signatory to these instruments and has integrated several of them into its domestic laws.

African Charter on Human and Peoples’ Rights (ACHPR)

The African Charter on Human and Peoples’ Rights is a regional human rights instrument adopted by the Organisation of African Unity (now the African Union) in 1981 and entered into force in 1986.

The key provisions of the African Charter on Human and Peoples’ Rights include:

1. Individual Rights: It guarantees basic civil and political rights, such as the right to life, equality before the law, and freedom of expression.
2. Peoples’ (Collective) Rights: Unlike many Western instruments, the African Charter emphasizes collective rights, such as the right of peoples to self-determination, economic development, peace, and a clean environment.
3. Individual Duties: It uniquely outlines the duties that individuals owe to their families, society, and the state, emphasizing respect for parents, preservation of positive African cultural values, and national security.

Child Rights Act (CRA) and the Convention on the Rights of the Child (CRC)

The Convention on the Rights of the Child (CRC) is an international treaty adopted by the United Nations in 1989 to protect the rights of children globally. To implement this treaty locally, the Federal Government of Nigeria enacted the Child Rights Act (CRA) in 2003.

The core pillars of the Convention on the Rights of the Child and the Child Rights Act are:

1. Survival and Development: Children have the right to life, adequate nutrition, shelter, healthcare, and basic education.
2. Protection: Children must be protected from child labor, child marriage, trafficking, sexual abuse, exploitation, and recruitment into armed conflicts.
3. Participation: Children have the right to express their opinions on matters affecting them, and their views should be given due weight in accordance with their age and maturity.
4. Best Interests of the Child: In all actions concerning children, the best interests of the child must be the primary consideration.

Convention on the Rights of Persons with Disabilities (CRPD)

The Convention on the Rights of Persons with Disabilities is an international human rights treaty adopted by the United Nations in 2006, aimed at protecting the rights and dignity of persons with disabilities.

The main provisions of the Convention on the Rights of Persons with Disabilities include:

1. Non-Discrimination: It prohibits all forms of discrimination against persons with disabilities in areas such as employment, education, and political participation.
2. Accessibility: Governments must ensure that persons with disabilities have access to the physical environment, transportation, information, and public facilities.
3. Equal Recognition Before the Law: Persons with disabilities have the right to recognition everywhere as persons before the law, with equal legal capacity.
4. Full Inclusion and Participation: It promotes the active involvement of persons with disabilities in social, economic, and political life, including the right to vote and be voted for.

Summary

Fundamental human rights are essential protections that guarantee human dignity and freedom. Originating from historical struggles and formalized globally through the UDHR in 1948, these rights are universal, interdependent, interrelated, and indivisible. In Nigeria, they are legally protected under Chapter 4 of the 1999 Constitution. While these rights can be limited under specific legal circumstances to protect public order and safety, regional and international instruments like the African Charter, the Child Rights Act, and the CRPD continue to expand and secure protections for vulnerable groups across the continent and the world.