Fundamental human rights

The Meaning of Fundamental Human Rights

Right may be defined as certain privileges that every citizen enjoys in a country irrespective of sex, tribe or creed. These rights are natural, civil, political, and legal. The state has the right to protect and guarantee these rights. Fundamental human rights are usually contained in the constitution of a country and they must be respected and protected as far as the state exists and recognizes such rights in a democratic society. Human rights a thus conceived as universal that is applicable everywhere and egalitarian that is the same everywhere. Some of these fundamental human rights include- right to life, rights to freedom of movement, right to  freedom of expression and the press, right to freedom of fair hearing, right to vote and be voted for, right to social security, right to freedom from slavery etc.

The Fundamental Human Rights

The fundamental human rights include:

1. The right to life:This entails that everybody has the right to life. No one is permitted to take another person’s life.
2. The right to dignity of human person:Every one’s dignity must be respected. No one should be tortured, enslaved or forced to do work.
3. The right to fair hearing:Any citizen who is accused of having committed an offence must be given the opportunity to defend himself or to employ the service of a lawyer.
4. The right to private and family life:Every citizen should be protected from unwanted attention. Thus, no one may forcefully enter the home of another citizen. Nobody should read another citizen’s letter or listen to their conversation on the phone.
5. The right to conscience and religion:Every citizen is free to think what he wants to believe in and practice any religion.
6. The freedom of expression and press:Every citizen has the right to hold his opinion and to express it. He may also establish and print newspapers or books.
7. The right to freedom of assembly and association:This implies that every citizen is free to associate with any group as well as hold meetings which are not detrimental to human and societal peace and progress.
8. The right to freedom of movement:Nigerians are free to move throughout Nigeria and reside anywhere of their choice.
9. The right to freedom from discrimination:This implies that no citizen should be treated unfairly because of their place of origin, sex, religion or political opinion, etc.

The Categories of Fundamental Human Rights

Civic Rights

1. Right to life:This means that every human being has the right to live.
2. Right to personal liberty:This recognizes freedom from unlawful arrest, intimidation and detention.
3. Right to dignity of human person:The dignity of the individual persons should be respected.
4. Right to fair hearing:All citizens who are alleged of any offence must be given the right to be heard in the law court. This will enable the suspect to defend himself/herself in the court of law.
5. Right to freedom of movement:All citizens in the country should have equal rights of freedom of movement from one part of the country to the other without restriction.
6. Right to freedom from slavery:Citizens of a democratic state must be free from any form of slavery and force labour which may lead to denial of their rights
7. Right to freedom of speech/expression and publication (press): This implies freedom to say or air one’s own opinion without restriction or censor, slander or libel.

Social Rights

1. Right to education:This means right to enjoy basic education
2. Right to freedom of thought, conscience and religion:Every human being has right to any religion of his choice. In addition to enjoyment of freedom of thought and conscience.
3. Right to private and family life:This means that every human being is entitled to enjoy family life without any disturbance.
4. Right to social life and social amenities:It means that citizens has the right to live together and free to enjoy all facilities as provided by the government, like water, electricity, education, communication, health facilities, etc.

Political Rights

1. Right to vote and be voted for: This means you can vote and be voted for. You can vie for any public office or exercise voting right by voting for any candidate of your choice.
2. Right to serve in any public office.
3. Right to criticize the government: This must be constructive and not destructive or abusive.
4. Right to join any political party of your choice.
5. Right to freedom to peaceful assembly and association.

Economic Rights

1. Right to own property: Every human being has the right to aspire or to actually own property.
2. Right to gainful employment:It means right to work in any part of the country.
3. Right against compulsory acquisition of property without adequate compensation.
4. Right to establish any legitimate business of your choice.
5. Right to use resources:Every citizen has equal access to use natural, financial, human and material resources in the country

EVALUATION

1. Define the Rights of a Citizen.
2. Outline six civic rights of a citizen.
3. What are the political rights of Nigerian citizens?
4. Give three economic rights.

Means (Ways) of Safeguarding Fundamental Human Rights

1. The constitution: The entrenchment of fundamental human right of citizens in the constitution is a way of safeguarding their rights, e.g. right to life, freedom of speech, etc.
2. Existence of the principles of the rule of law: The government under the principles of the rule of law has an obligation in ensuring the existence of civil liberty and equality of all citizens.
3. Independence of the Judiciary: For citizens to enjoy their rights, the judiciary should be free from the interference and control of both the executive and the legislature.
4. Freedom of the press: The press should be free to serve as the watchdog for the rights of all citizens.
5. Activities of the opposition: The opposition, whether in government or outside it, is a powerful instrument for protecting the rights of the citizens. It makes government to be on its toes as per the rights of citizens.
6. Consciousness and vigilance of citizens over their rights: People must be vigilant so as to be able to protect their rights.
7. Establishment of Human Rights Commission: E.g. OMBUDSMAN/Public Complaint Commission.
8. Respect for international conventions on human rights of citizens.
9. Provision of legal aids to indigents or disabled members of the society to ensure their protection from injustice.
10. Provision of social and economic facilities. E.g. schools, hospitals and employment opportunities to ensure the well-being of citizens.
11. Proper enforcement of law and order by the security agencies and community.
12. Adherence to the doctrine of the separation of powers with effective checks and balances. This intended to avoid undue interference and abuse.

Limitations to Citizens’ Rights

1. Right to life can be limited by criminals being executed through due process of law, war, disease, riot, disaster, etc.
2. Right to dignity of human person can be limited by law enforcement agents’ brutality, ignorance, illiteracy, government’s power, insanity, religion, culture, disaster, poverty, etc.
3. Right to freedom of thought, conscience and religion can be restricted by the type of government in power, especially fascist or totalitarian governments always restrict freedom.
4. Right to education can be limited by the type of government in power, poverty or disease or police brutality.
5. Right to peaceful assembly and association can be limited by war, state of emergency, disease, violence, law on cultism and secret societies, etc.
6. Right to freedom of movement can be limited by police arrest and detention of suspects, imposition of curfew.
7. Right to freedom of discrimination can be limited by diseases, age, sex, race, partisan politics, tribalism, etc.

EVALUATION

1. Highlight five rights of citizens.
2. What are the limitations to these rights?