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INTRODUCTION TO HUMAN RIGHTS

  • Human rights are entitlements that one has because he or she is a human being. Entitlements are claims or freedoms
  • Human rights are universal legal guarantees and freedoms that every human being has and must enjoy simply by being a human
  • They protect individuals or groups of people from actions that might interfere with or stop one from enjoying them
  • They are claimed from the society in which people live.

HISTORICAL DEVELOPMENT OF HUMAN RIGHTS.

  • Human rights have always existed as they are inherent, universal and inalienable
  • This means that human rights do not belong to any particular group of people, race or nationality.

Some of the documents mentioning individual human rights in the past are:

The Magna Carta of 1215.

The Charter of Mande of 1222.

The English Bill of Rights of 1689.

The French Declaration on the Rights of Man and Citizens of 1791.

The US Constitution and Bill of Rights of 1791.

  • The Magna Carta was the earliest document in the World in which human rights were recognized.
  • The Charter of Mande was the earliest document to outline individual human rights which were guaranteed by Soundiata Keita, King of the Empire of Mali, also called Mande.
  • It is also called the Oath of Mande and was proclaimed at his Coronation as an official document containing principles upon which the empire should be ruled.
  • However, all the above listed documents were not universal in nature because they often excluded women, children, slaves and persons of certain social, religious, economic or political groups.

THE UNITED NATIONS UNIVERSAL DECLARATION OF HUMAN RIGHTS-1948.

  • This is a set of principles of which the United Nations members commit themselves to provide all people of the world with human dignity.
  • The documents set minimum standards of how individuals, institutions and governments should treat people as well as a guarantee of freedom and justice for people throughout the world.
  • It was adopted on 10th December 1948 by member states of the United Nations which meant that how a government treated its own citizens was no longer a domestic issue, but one of international concern.
  • However, the Universal Declaration of Human Rights is not legally binding because it is only a declaration, which means a pronouncement that may be affected or not.

CHARACTERISTICS OF HUMAN RIGHTS

 THEY ARE INALIENABLE.

This means that human rights cannot be taken away or separated or given away from a human being. (Inseparable from the human beings).

 

THEY ARE INDIVISIBLE.

This means that human rights cannot be divided because all rights are equally important.

 

 THEY ARE INHERENT.

This means that human rights exist independently of the will of an individual or a group of persons.

 

THEY ARE UNIVERSAL.

 This means that human rights are the same and apply to all people of the world regardless of race, sex, color, ethnicity, religion, political, geographical, beliefs, nationality, or social status.

 CATEGORIES OF HUMAN RIGHTS

  • International human rights have been categorized into:
    • Civil and Political rights
    • Economic, Social and Cultural rights
    • Collective rights
  • At the global level, human rights are classified into three categories according to their evolution or development process, and the different categories are referred to as ‘generations’.
  • These generations are not in order of importance but in the order in which they were recognized historically in the development of human rights.

 

CIVIL AND POLITICAL RIGHTS

They are called First Generation Rights. These are first-generation rights because they were the first Rights to be recognized as rights of the individual. 

  • They are found in part iii the Zambian Constitution which includes:
  • Right to life
  • Right to personal liberty
  • Protection of freedom of expression
  • Freedom from torture and inhuman treatment
  • Freedom of opinion
  • Protection from slavery or forced labor
  • Protection of freedom of conscience
  • Protection of freedom of assembly and association
  • Protection of the freedom of movement
  • Protection from discrimination on grounds of race, age, sex, ethnicity, religion,etc

 

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

  • Economic and Cultural rights are called “Second Generation Rights” This category consists of rights that are economic, social, and Cultural in Nature.
  • Their realization brings about Social justice, dignity, and equity
  • Right to food
  • Right to employment
  • Right to Social Security
  • Right to education
  • Right to health ( Medical Care)
  • Right to clean environment
  • Right to development
  • Right to adequate housing

 

COLLECTIVE RIGHTS

  • These are also known as ´Third Generation Rights’ and are the most recently identified rights.
  • The term collective rights refer to the rights of Peoples’ to be protected from attacks on their group identity and group interest.
  • These rights are best described as solidarity rights because they require international cooperation and aim at community- building;
  • Right to self-determination
  • Right to economic and social Development
  • Right to a healthy environment
  • Right to Natural resources
  • Right to peace
  • Right to communicate
  • Right to Participation in cultural Heritage
  • Right to intergenerational equity and sustainability.

 

SIGNIFICANCE OF HUMAN RIGHTS

  • Human Rights focus on the dignity of the human being.
  • Attitudes such as the ones below must be developed by everyone in order to promote human rights:
  • Respect for everyone’s life, their physical and mental integrity, freedom, property, privacy including one’s own
  • Respect for differences either in sex, ethnicity, language, color, age, religion, cultural aspects, opinion, and identity of others and one’s own.
  • Taking up one responsibility in society: Rights come with responsibilities and responsibilities start with respecting other people’s rights
  • Respecting the fact that people have legally established claims and entitlements.
  • Recognizing Accountability and responsibility in relationship between the individual, institution or state that has a duty to fulfill the right.
  • Rightsholders need to be empowered in order for them to claim their rights and take part in public decision-making.
  • Participation is an important Human Right. People of both sexes and all ages have the right to participate in every area of their lives.

 

SUMMARY OF A SIMPLIFIED VERSION OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

Everyone:

  • Is born in freedom, equality, and dignity.
  • Has the right not to be discriminated against on any basis.
  • Has the right to life and to live in freedom and safety
  • Has the right to liberty or freedom
  • Has the right to security of person as no one should be tortured or suffer from cruel and inhuman treatment.
  • Has the right to equality before the law and equal protection.
  • Has the right recognition before the law
  • Has the right to an effective remedy
  • Has the right not to be subjected to arbitrary arrest or detention.
  • Has the right to a full and fair hearing before an impartial and independent tribunal
  • Has the right to be presumed innocent until proven guilty
  • Has the right to marry
  • Has the right to asylum
  • Has the right to freedom of movement
  • Has the right to Nationality
  • Has the right to privacy.
  • Has right to own property
  • Has the right to freedom of thought, conscience, and expression
  • Has the right to freedom of opinion and expression
  • Has the right to freedom of assembly and association
  • Has the right to take part in government, access to public services, and to vote.
  • Has the right to social security.
  • Has the right to work
  • Has the right to rest and leisure
  • Has the right to an adequate standard of living
  • Has the eight to education
  • Has the right to freely participate in the cultural life of the community
  • Is entitled to a social and international order to realize the rights and freedoms
  • Has duties to the community
  • Must interpret this declaration in a way that cannot endanger any of the rights and freedoms of others.

SAMPLE QUESTIONS

  1. What are Human Rights?
  2. Discuss any characteristics of Human Rights?
  3. Describe the categories of Human Rights?
  4. Identify ways in which Human Rights are violated?
  5. How does the right of habeas corpus help a person and contribute to respect of human rights?
  6. Distinguish rights from responsibilities.
  7. Outline some social, economic, and cultural rights.
  8. Human rights are universal,
  9. Explain Identify ways in which human rights are involved.
  10. Discuss the significance of human rights.






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