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;
- Legal
rights
- Moral
rights
- 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
- Civil
and political rights
- Economic,
social and cultural rights
- Environmental
and developmental rights
- 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
- 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
- They
promote equality between men and women, and respect for human dignity
- People
are free to own property
- They
enable citizens to get education, participate in political activities
- iv.
Human rights enable people to practice a religion of their choice
- v.
Human right promote equality before the law
- vi.
Human rights promote the right to life
- 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
- The
government promotes human rights by practicing the rule of law
- 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
- 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
- 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
