ELIMIKA BLOG
Live
wb_sunny

Breaking News

3. HUMAN RIGHTS

3. HUMAN RIGHTS

TOPIC 3. HUMAN RIGHTS



3.1 Aspects of Human Rights

Human rights

Are the basic needs and freedom that every person has from birth to death. Examples of human rights includes;

i) Property ownership (ii) Rights of education (iii) Rights of marriage

(iv) Rights of health care and housing (v) Equality before the law

(vi) Security (vii) Freedom of association, privacy viii. Freedom of worship

N.B.

FREEDOM: Is the right to do or say what one wants without being stopped by anyone

v  In Tanzania, most of these rights are incorporated in the country’s constitution

THE UNITED UNIVERSAL DECLARATION OF HUMAN RIGHTS

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.

 

TYPES OF HUMAN RIGHTS

The Universal Declaration of Human Rights includes two types of human rights, namely;

  1. Legal rights
  2. Moral rights

 

  1. LEGAL RIGHTS

These are individual and group rights which are recognized by the constitution of a nation.

This rights can be enforced in the court of law. Example of legal right is right to life.

II. MORAL RIGHTS

These are the values and freedom which are recognized by certain societies or communities.

This type of right cannot be proved or claimed in the courts of law, since they are only socially recognized. For example, the right to be treated with respect

CATEGORIES OF LEGAL HUMAN RIGHTS

  1. Civil and political rights
  2. Economic, social and cultural rights
  3. Environmental and developmental rights
  4. Civil and political rights

Are the rights and privileges which a states creates for its people, and thus every person deserves to enjoy them. They includes;

a) The right to life (b)The right to nationality (c)The right to equality before the law

(d)Freedom from torture and inhuman treatment (e) Right to own property

(f)Freedom of movement (g)Freedom to live in any country (h)Right to worship

(i)Freedom of assembly (j)Freedom of expression

ii. 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 includes;

a) Right to work (b) Right to have a good working environment

(c)Right to form and join trade unions (d) Right to participate in cultural life (e)Right to education (f) Right to security

iii. Environmental and developmental rights

These are rights that people have to live in an environment that is clean and free from population. They include

Rights to development and equal enjoyment of the common heritage of human kind

 

HUMAN RIGHTS IN THE CONSTITUTION

  1. Right to equality

The Constitution of Tanzania presents the right to equality in two parts

a)       Equality of all human beings

The constitution states that all human beings are born free and are equal. It states that every person has the right to recognition and respect

b) Equality before the law

The constitution provides the people with the right to be treated fairly before the law and to be protected without any kind of discrimination of favour

2. Right to life

a)       Right to live

The constitution states that every person has the right to live and have his or her life respected by the society according to the law

b) Right to personal freedom

According to the constitution, everyone has the right to live as a free person, without being restricted by anyone else.

.

c) Right to privacy and personal security

According to the constitution, every person has the right to be respected and protected and live and communicate without public attention

d) Rights to freedom of movement

Every citizen of Tanzania has the right to move in Tanzania and live in any part of Tanzania

3. Freedom of expression

Freedom of expression is presented in four parts as follows:

a)       Freedom of expression

Every citizen has the right to form opinions and to air those opinions. He or she is free to communicate without interference.

b) Freedom of religion

Every person has the right to belief of faith, freedom of thought and choice in matters of religion

c) Freedom of association

Every citizen is free to assemble, associate and cooperate with other people

d) Freedom to participate in public affairs

Every citizen has right to take part in leadership matter, that is the right to elect or be elected into public office 

4. Right to work

The right to work is presented in three parts. These are

a)       Right to work

Every citizen has a right to work, to equal opportunity to work and hold any office

b) Right to own property

The constitution gives all citizens the right to own property and to have that property protected

c) Right to fair remuneration

Every citizen who works has a right to a fair salary according to his or her work

IMPORTANCE OF HUMAN RIGHTS

  1. They promote equality between men and women, and respect for human dignity
  2. People are free to own property
  3. They enable citizens to get education, participate in political activities
  4. iv. Human rights enable people to practice a religion of their choice
  5. v. Human right promote equality before the law
  6. vi. Human rights promote the right to life
  7. vii. They enable government to serve its people equally and assist those who are in need 

RELATIONSHIP BETWEEN HUMAN RIGHTS AND THE PROVISION OF BASIC NEEDS

Basic needs are things which are essential for the survival of human beings. They includes food, shelter and clothing. Human rights relates with basic needs as follows:

1. The provision of basic needs implies the promotion of human rights.

If there are no basic needs, then there are no human rights and thus no life. Human rights include right to food, shelter, clothing as well as right to clean water, health services, access to education, and transport services

2. Human rights relate to social, economic and cultural activities that can help an individual meet his or her basic needs

ROLES OF THE GOVERNMENT IN PROMOTING HUMAN RIGHTS IN TANZANIA

  1. The government promotes human rights by practicing the rule of law
  2. The government established the Commission for Human Rights and Good Governance (CHRGG)

The commission raises people’s awareness of human rights and investigates violation of human rights

iii. The government identifies and includes human rights in the constitution of the United Republic of Tanzania

iv. The constitution of the United Republic of Tanzania allows for the practice of multiparty politics

Whereby people are free to join political parties of their choice

ROLE OF NON GOVERNMENT ORGANISATIONS (NGOs) AND THE MEDIA IN PROMOTING HUMAN RIGHTS

Non-Government Organizations (NGOs) refer to organisations that are not owned by the government. Normally, NGOs observe, cross check, promote and protect human rights through their activities.

Examples of these organizations includes

a)Tanzania Media Women Association (TAMWA)

b) Medical Women Association of Tanzania (MEWATA)

c) Legal and Human Rights Center (LHRC)

d) Tanzania Women Lawyers' Association (TAWLA)

THEIR ROLES

 i. Helps to fight against violence in the society

TAMWA assist women by giving them education and other ways of fighting against violence

ii. Helps to improve health and social well-being

Medical Women Association of Tanzania helps women with health problem to get various services for improving their health and social well-being

iii. Religious institutions promote and protect human rights through preaching about peace, love and equality among people despite their religious differences.

iv. Media outlets like radio and television educate people on how to promote and advocate for human rights

PROTECTION OF HUMAN RIGHTS

This means ensuring that human right are not abused.

v  Reasons for protecting human rights

        i)            To regulate and control the power and actions of the government

       ii)            To build foundation of justices, peace and freedom

     iii)            To promote democracy

     iv)            iv. To encourage people’s participation in economic, social, political and cultural activities

       v)            v. To bring about social equality and discourage any form discrimination

     vi)            Ways of protecting human rights

i. The press informs the public about violations of human rights

ii. Non-government organizations educate the public and put pressure on the government to change oppressive

iii. The Tanzania constitution includes a bill of rights to protect human rights

iv. The practices of rule of law

3.2 Limitation of individual Human Rights

v  Individual human rights

Are the basic rights or entitlements that a person has as a human being.

These rights they are unchallengeable because they are God given and cannot be taken away by anyone. Examples of these rights are:

v  The right to life

v  The right to liberty

v   Right to live a happy life

v   Right to freedom of movement

PROTECTION OF INDIVIDUAL RIGHTS

There various ways in which individual rights can be protected. These include

  1. having a constitution and institutions

which ensure equal and fair practice of individual rights. In the case of Tanzania, the individual rights are included in the constitution of United Republic Of Tanzania. In addition, it shows the way in which the Parliament, Judiciary and Executive should advocate for and protect individual rights.

 

ii. Through media

The media plays a significant role in promoting and protecting the of Individual rights, It informs the public about the violation of individual rights for the relevant institutions to act accordingly.

iii. The presence of organization like Amnesty International

 Is another way of protecting individual rights.  Amnesty International is a global movement of more than seven million people in the world which evaluates human rights practices in various countries around the world.

iv. Through religious institutions

Religious institutions can ensure that individuals enjoy their rights and no person, government or institutions violates the rights.

v. Establishment of Commission for Human Rights and  Good Governance

The commission raises people’s awareness of human rights and investigates violation of human rights and also it receives and investigates complaints about abuse of human rights.

vi. Through the practicing the rule of law

This means that no one is guilty until he or she has been proven guilty by court of law. And also it show that nobody is above the law.

LIMITATION OF INDIVIDUAL HUMAN RIGHTS

This means restricting the exercise of human rights. It is a boundary between one’s rights and other people’s rights. The main reason for setting boundaries within which human rights are exercised is to protect the interests of others persons.

EXAMPLES OF LIMITATIONS WHILE EXERCISING ONE’S RIGHTS

a)       Freedom of expression

If a person uses abusive language, he or she can be arrested. An individual’s right to freedom of speech does not mean one is allowed to insult other people.

b) Freedom of assembly

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

C) Freedom of association

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

d) Right to personal freedom

Just because one has a right to personal freedom does not mean he or she can do things tat offend others such as walking naked.

PURPOSES FOR LIMITING INDIVIDUAL RIGHTS

(a)    Protecting the rights of others

This happens when a conflict of rights occurs, certain rights sometimes need to be limited in in order to protect the rights of others. For example, the right to freedom of expression may be limited by the need to respect the right of reputation of others.

(b)    Protection public health

Protecting public health envisages situations where, for example, someone who suffers from epidemic disease may have their of movement restricted in order to protect other people against the risk

(e) National security

Freedom of movement may be restricted if it interferes with the protection of the state's security in some circumstances.

(d) Public morals

The protection of public moral is sometimes cited as a reason to limit individual's rights. For example it may be used to limit freedom of expression in the interests of regulating Inappropriate films.

(e)    Maintain social peace and harmony

Peace and harmony can bring a peaceful and stable order to society, and they are necessary condition for the survival and development of mankind.

CONDITIONS WHICH MAY HINDER THE IMPLIMENTATION OF INDIVIDUAL RIGHTS

a)       War or insecurity in a society

b)      Corruption practices

c)       Inadequate political rights

d)      Lack of awareness about human rights

e)      Bias and unfair treatment from decision making machinery

f)        Ignorance of the legal procedures and appropriate steps to be taken

g)       Lack of integrity and decline of professional ethics on the part of the judicial personnel

HUMAN RIGHTS ABUSE

Is the unlawful prevention of a person’s enjoyment of his or her rights as outlined in the constitution. The violation of someone’s rights means treating the person as if he or she is not human being. Human rights abuse can take place at the level of;

a)       Family

b)      Society

c)       Government

  1. AT FAMILY LEVEL

Parents can abuse the rights of their children by:

        i)            Denying them education

       ii)            Not providing basic needs such as food and clothing

     iii)            Forcing their children to marry

     iv)            Excessive corporal punishment 

 

B. AT SOCIETY LEVEL

The society can abuse individual’s rights through:

        i)            Abandoning children in the streets

       ii)            Beating up and killing suspected criminals

     iii)            Stigmatizing less fortunate members of the society such as disabled and people living with HIV and AIDS

C. THE GOVERNMENT

The government can abuse human rights through

        i)            Making oppressive laws that limit the individual rights

       ii)            Using military force to torture civilians

     iii)            Not including a bill of rights in the constitution

     iv)            Not maintaining the rue of law

       v)            Discriminating some citizens due to their colour, gender, religion or ethnic origin

EFFECTS OF HUMAN RIGHTS ABUSE

i) Unrest and instability in the society

ii) Increase crime and poverty in the society

iii) Citizens are unable to obtain their basic needs

iv) Occurrence of conflicts between citizens and their government  

v) Citizens unable to perform their duties and responsibilities in peace

vi) Leading to unequal access to social services

vii) Leading to person losing his or her rights to own property

viii)Injuries and death can occur

DIFFERENCES BETWEEN LINMITATIONS AND ABUSE OF HUMAN RIGHTS

LIMITATIONS OF HUMAN RIGHTS

ABUSE OF HUMAN RIGHTS

1. Are done when there is need

1. Is done unnecessarily

2. Aim to protect the rights of others

2. Used for selfish reason

3. Ensures peace and order maintained in the society

3. Aims at preventing some people from enjoying their rights

4. Intends to allow state organs to conduct lawful acts

4. Intends to make people ignorant of their rights

5. Aims in ensuring court judgements are fair

5. Aims at discriminating against some people in the courts of law

6. Aim at making people free from fear of discrimination

6. Aims at making the citizens fearful of their rulers

7. Aims prohibiting the disclosure of confidential information

7. Aims at withholding information in order to make live in fear

 

WAYS OF COMBATING HUMAN RIGHTS ABUSE

        i)            People should respect each other

       ii)            All people should be treated fairly and equally before the law

     iii)            The government should maintain the rule of law

     iv)            The government has to be transparent in its operations

       v)            The government should educate its citizens

     vi)            Religious institutions should preach against bad social services

   vii)            Those who abuse the rights of others should be punished

 

 

 

 

Tags

Newsletter Signup

Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque.

Post a Comment