Topic 3: Human Rights – Civics Notes Form 1

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CONCEPT OF HUMAN RIGHTS

Human rights: Are basic things that all human beings are entitled to and which nobody should interfere with.

Or

Are the basic rights and freedom that belong to every person in the world, from birth until death.

These basic rights are based on shared values like dignity, fairness, equality, respect and independence. These values are defined and protected by law.

Human rights include civil rights, moral, political, social, economic and cultural rights.

Origin and Generations of Human Rights

The division of rights into three generations was initially proposed in 1979 by the Czech Jurist Karel Vasak at the International Institute of Human Rights in Strastbourg. His divisions follow the three watchwords of the French Revolution “Liberty, Equality, Fraternity”.

The three generations are reflected in some of the rubrics of the charter of fundamental rights of the European Union- the Universal Declaration of Human Rights.

These Generations are as follow:

1: First generation human rights

This is generation is sometimes is called “Blue rights”, deal essentially with LIBERTY and participation in political life. They are fundamentally Civil and Political in nature.

This generation rights include the following rights

  • Right to life
  • Equality before the law
  • Freedom of speech
  • Right to fair trial
  • Freedom of religion
  • Right to vote or to be voted for

These rights pioneered by the United States Bill of rights and in France by the declaration of the rights of man and of the citizen in the 18th century, although some of these can be traced back to 13th century during the Magna Carta Era-1215 and the rights of the Englishmen which were expressed in the English Bill of Rights in 1689.

2: Second generation human rights

These rights are related to the equality and began to be recognized by the governments after World War II. They are fundamentally economic, social and cultural in nature. They guarantee different members of the citizenry equal conditions and treatment.

These includes

  • Rights to be employed in just and favorable conditions
  • Rights to food, housing and health care
  • Rights to social security

These rights were also covered by the Universal Declaration of Human rights and embodied in Articles 22 to 28 of the Universal Declaration and the international covenant on economic, social and cultural rights. Today, many nations, states or groups of nations have developed “legally binding” declarations guaranteeing comprehensive sets of human rights. E.g. European Social Charter.

3: Third general human rights

Third generation human rights are those rights that go beyond the mere civil and social rights as expressed in many progressive documents of International Law including the 1972 Stockholm Declaration of the United Nations conference on the Human environment, the 1992 Rio Declaration on environment and development.

These rights include the following:

  • Group and collective rights
  • Rights to self-determination
  • Rights to economic and social development
  • Rights to healthy environment
  • Rights to natural resources
  • Rights to communicate and communication
  • Rights to intergenerational, equity and sustainability.

Human rights came about in order to limit the powers of the state and to protect the rights of individuals.

Generally, the aspects of human rights are defined in the United Nations Universal Declaration of Human Rights. This declaration was adopted and proclaimed by the general assembly of the United Nations on 10th December, 1948.

In most countries, human rights are based on the Universal Declaration of Human rights. They also included in the constitutions of the countries as the Bill of rights.

CATEGORIES OF HUMAN RIGHTS

Human rights can be categorized into four main groups

  1. Legal and Moral rights

Legal rights: are those rights which named and defined in the instruments of law such as constitutions, etc.

Moral rights: are those rights relating with the principle of right and wrong in behavior.

  1. Civil and political rights

These rights consist of the rights and privileges that the state creates for its people which every person deserves to enjoy.

These rights includes

  • The rights to life, liberty and security of person.
  • Freedom from slavery and forced labor
  • The right to own property
  • Freedom of movement
  • Freedom of opinion and expression
  • Right to vote and to be voted for
  • Right to marry and to have a family
  • Right to nationality
  • Freedom from inhuman punishment.
  1. Economic, social and cultural rights

These rights give people the opportunity to participate in the social, economic and cultural life of their community or society.

These rights are:-

  • Right to work and to choose employment.
  • Right to education
  • The right to social security, food and shelter
  • Right to own property
  • Right to form and to join trade unions
  • Right to participate in the cultural life of the community.
  1. Environ mental and development rights
  • Rights under this category seek to do the following
  • Guarantee people the right to live in a free and safe environment that is clean and free from pollution.
  • Give people the right to develop in all aspects of life.

IMPORTANCE OF HUMAN RIGHTS IN OUR SOCIETY

1. Human rights are the foundation of freedom, justice, peace and liberty

2. They limit the government from the power and actions against the people

3. People will be able to take actions against their rulers who violet the rights

4. Human rights promote development in the society

5. Helps people to enjoy their lives

RELATIONS BETWEEN HUMAN RIGHTS AND BASIC NEEDS

Basic needs: are things which are essential for survival. They include: food, shelter and clothing. Human rights are related to the provision of basic needs.

Topic 3: Human Rights – Civics Notes Form 1

HUMAN RIGHTS PROMOTION OF LIFE SKILLS OUR NATION CIVICS FORM ONE INTRODUCTION TO CIVICS

PROMOTION AND PROTECTION OF HUMAN RIGHTS IN TANZANIA

Promotion of human rights

Promotion of human rights is done to encourage people to respect and value human rights. It is done through the following ways

The government promote human rights by recognizing and including them in the constitution

The government accepts and respects international obligations on human rights

The court of law has the final say on legal matters

The government has set up the commission on the Human and good governance

Non- Governmental organizations (NGOs) are allowed to operate in the country. These helps to promote human rights.

The following are some of those organizations

  • Tanzania Gender Networking Program (TGNP)
  • Tanzania Women Lawyers Association (TWLA)
  • Tanzania Media Women Association (TAMWA)
  • Tanzania Human Rights and Democratic Development Centre (TAHUDE)

Protection of Human rights

Protection of human rights means ensuring that human rights are not abused.

Human rights should be protected and respected for the following reasons:-

  1. They help to regulate and control the power and actions of the government
  2. They are the foundation of justice, peace and freedom
  3. They promote democracy
  4. They encourage peoples’ participation in economic, social, political and cultural activities
  5. They bring about social equality and discourage any form of discrimination.

Ways in which human rights are protected in Tanzania

  1. The Tanzania constitution includes a Bill of rights to protect human rights
  2. The government educates the public about their civic rights which are guaranteed in the constitution
  3. Non-Government organizations educate the public and put pressure on the government to change oppressive laws
  4. The press informs the public about violation of human rights.

LIMITATIONS OF INDIVIDUAL HUMAN RIGHTS

Individual Human rights: are rights a person deserves to enjoy as a human being.

Importance of individual Human Rights

  1. It reduces the crime rate
  2. It ensures that individuals believe in and worship God
  3. It ensure that every one should have work i.e. physical or mental work
  4. It discourage the use of the death penalty
  5. The right to education has encouraged the full provision of education to individuals in a nation.

LIMITATION OF HUMAN RIGHTS:

This means restricting individuals from exercising some rights in certain circumstances.

Everyone is free to enjoy his/her rights but in so doing one should not interfere with the rights of others. For example freedom of speech does not mean a person is allowed to insult others.

Other examples of Limitations while exercising one’s rights include:-

  • Freedom of expression

If a person uses abusive language, he/she can be arrested

  • Freedom of assembly

This can be limited if an assembly is likely to harm other people

  • Freedom of association

People who have bad intentions such as criminals cannot be allowed to associate with the public as their actions are likely to harm others

  • Right to personal freedom

Just because one has a right to personal freedom does not mean he/she can do thing that offend other such as walking naked.

HUMAN RIGHTS ABUSE

Abuse of Human rights is the unlawful prevention of a person’s enjoyment of his or her rights as outlined in the constitution.

How different Groups abuse Human rights

  • PARENTS

Parents can abuse the rights of their children by:

Denying them education

Not providing basic needs such as food and clothes for their children

Forcing their children to marry their wishes especially at a tender age

Giving their children severe punishment

  • SOCIETY

The society can abuse individual’s rights through:

Beating up and killing suspected criminals without giving them a fair trial in a court of law

Abandoning children in the street.

Stigmatizing less fortunate members of the society such as disabled and HIV/AIDS careers.

  • THE GOVERNMENT

The government can abuse human rights through

  • Making oppressive laws that limit the individuals rights
  • Discriminating against some citizens due to their color, gender or religion
  • Not including a bill of rights in the constitution
  • Not maintaining the rule of law

EFFECTS OF HUMAN RIGHTS ABUSE

The following are some of the effects of abusing human rights in the society

1. Conflicts among family members and in the community

2. Conflicts between citizens and their government

3. Citizens are un able to perform their duties and responsibilities in peace

4. Increased crime and poverty in the society

5. It denies other people access to human rights. E.g. equal treatment before the law is impossible where there is corruption in society.

6. Strikes and riots.

Different between limitations and abuse of human rights

LIMITATIONS
ABUSE
1.      Are done when there is need

2.      Aim at protecting the rights of others

3.      Aim at making people free from fear of discrimination

4.      Ensures peace and orders are maintained

5.      Intend to allow state organs to conduct lawful acts

6.      Ensuring court judgments are fair and just

 1.       Done unnecessarily

2.       Used for selfish reasons

3.       Aims at making citizens fearful of their rulers

4.       Aims at preventing some people  from enjoying  their rights

5.       Intend to make people ignorant of their rights

6.      Aims at discriminating against some people in their court of law.

WAYS TO COMBAT ABUSE OF HUMAN RIGHTS

1. The government has to maintain the rule of law

2. The government should educate its citizens about their basic rights

3. The court of law should enforce the law in the just manner and punish those who abuse the rights of others

4. There should be a system of controlling the activities of the government. Eg the existence of a parliament to prevent misuse of power

5. The government has to be transparent in its operations

6. All people should be treated fairly and equally before the law.

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