Definitions of Human Rights
"The concept of human rights have severally been one theorist to the other. As it is today human rights have become commonplace and of course universal or global entity yet there are variations in terms of meaning and usage.
Whereas the concept is overwhelmingly universalized, there is problem of transparency and sincerity in its observance, recognition and application.
Human rights though are said to be common among people of all nations of the world because they have been abused, traumatized and trivialized. Knowledge, campaign and use of human rights spread across globe because it has been rendered meaningless and innocuous without losing its symbolic value (Ake, 1993). While it spread our society at the micro level and the world in macro sense is repressive, and oppressive and violated.
According to the Oxford Advance Learner's Dictionary rights are 'one of the basic rights that everyone has to be treated fairly and not in a cruel way especially by their government'
The Oxford Concise Dictionary of Politics
(IAINMCLEAN), Human Rights are, "a special sort o inalienable moral entitlements. They attach to all persons equality, simply by virtue of their humanity, irrespective of race, nationality or membership of any particular social group. They specify the minimum conditions for human dignity and a tolerable life".
Obaseki (1999) in Anifowose and Enemuo defines human rights as the rights of man or fundamental freedom... they are legally recognized and protected to secure for each individual the fullest and freest development of personality and spiritual, moral and other independence. They are conceived as rights inherent in individuals as rational free willing creatures not conferred by some positive law nor capable of being abridged or abrogated by positive laws.
Agarwal (2005) in his book entitled (Political Theory
Principles of Political Science) defines human rights as
"form the essential conditions of good life and which constitute the essentials of human progress". He further stresses that in the absence of these rights, growth and development of human personality is not possible.
Laski (1982) in his book entitled "Grammar of
Politics defines human rights as those "conditions of social life without which no man can seek to be himself at his best".
Wide in Agarwa (2005) defines rights as a reasonable claim to freedom in the exercise of certain activities. Rights are "what we may expect from others, and others from us, and all genuine rights are conditions of social welfare. Thus, the rights anyone way claim are partly those which are essential to every man in order to be a rational human person and partly those which are necessary for the fulfillment of the function that society expects from him. They are conditioned by and corrective to his social responsibilities Hobb House in Agarwal
(2005). Human rights are further defined as elemental conditions ascribed to individual citizen by the government which make life meaningful, enjoyable and interesting. By human rights citizens feel sense of belonging and participatory in the process of nation building. By it every citizen feels being wanted, loved, cared for and regarded by the community and the government.
In the view points of classical scholars like Thomas
Hobbes (1588-1679) J. J. Rousseau (1712-78) and G. W. F.
Hegel (1770-1831) 'human rights presupposes the process of creating congenial conditions for the happiness of men".
In essence, it means that absence of rights makes the happiness of individuals depend on the chance benevolence of the power that be (Gauba, 2004). Absence of rights may result into the government degenerating into absolutism, authoritarianism, despotism and tyranny.
Rights entail some kind of benefits which an individual group of individuals or community claim to restrict the domineering tendency of the government or state.
They also consist of socio-economic and political benefits which the state may extend to its citizens to improve the quality of life. Rights may be deliberately claimed by the citizens to ensure happiness, improved living condition and equal distribution of wealth.
To this end, it is stressed that while the state exercises authority over the individual the individual in turn can claim certain amount of rights from the state. Thus, relationship between the state and individual citizens is said to be reciprocal, bilateral and at times conflicting. It is on this basis that Gauba (2004) observes that "If the state claims authority, individual must claim rights".
Also that individual owes allegiance (loyalty) to the state and obeys its commands because the state serves his/her interests.
Enemuo (1999) observes, that human rights are inalienable rights that belong to the man by virtue of his humanity and therefore should be granted and guaranteed to everyone.
They are basic entitlements which every individual should enjoy in a society.
They can be defined as prerogative conferred by law upon a person or a group. Rights and liberty of person are always defined within the framework of the constitution of the state to become a civic right (Olawale, 1980).
In as much as there is relationship between the state and individual on the basis of human rights observance, Thomas Hobbes portends that in situation when and where a state fails in its responsibility in creating congenial atmosphere or condition for people's happiness and enjoyable life, people can rebel by destroying the government and replace it. This is considered as element of rights to remove, suspend and eliminate a government by the people.
Liberty and rights and their practice or observance are fundamental hallmarks of democracy. Democracy can only be said to exist and practicable under the following conditions.
a. When citizens can freely express opinion and exchange information, through the available media of communication and information radio, television, newspapers.
b. When citizens can form and join political parties and association of their choice to promote their political and group interest without any form of intimidation, harassment etc.
c. When citizen can hold public meetings, discussion and debate.
d. When citizen enjoy participatory right either by way of choosing their representative in competitive elections, formulation and implementation of policies, support the adoption or rejection of policies, support candidates of their interests/choice.
e. Having the right to vote, recall and sack a government, a political party and candidate or representative ruling and acting contrary ot their socio-economic, political and legal aspirations rights and interest.
f. Circumstance of economic justice and freedom by having equal access to state or nations wealth by all citizens irrespective of sex, status, ethnic and geopolitical affiliation. Economic justice also dictates gainful employment by all, life more abundant, special allowances to the jobless, aged and the disable.
The basic tenet of human rights connotes the freedom of the individual with respect to personal action, the possession and use of property, adherence to religious beliefs and worship. It can further be included as right of protection against infringement by government, private individual, or group of individuals. It can also mean personal security, lawful rights which result from the existence of constituted authority or government.
Rights and liberty are expression of citizenship that they are made to cover those legally satisfied citizens of a country more as in the case of most modern states, whereas in medieval societies they were not meant for slaves.
Finally human rights provision varies from state to state and from society to society depending on the prevailing ideological, socio-economic, political and cultural configurations of the society in question. Though the universality of human rights is being contended, criticized and rejected in recent time, it must be made clear that the aspect of 'natural rights of individual is pervasive. It is a general phenomenon.
0 Comments