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Some Key Facts About Human Rights


Just a few recap you should have in mind:

…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"…

…Politics defines human rights as those "conditions of social life without which no man can seek to be himself at his best"…

…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…

…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…

 

Here are some notable facts about Human Rights:

~ Human rights are one of the hallmarks of democracy.

- Every person/individual is entitled to rights by virtue of his/her status as human being.

- Human rights generally originated and are traceable to viewpoints and writing of ancient Greek philosophers, the Stoic, Roman lawyers, Christian fathers such as St.Thomas Aguinas.etc.

- Human rights are linked to social contract theorists and philosophers of the seventeenth and eighteenth centuries John Luck, Thomas Hobes etc. .

- Human rights are not dependent and are not determined by civil, political and socio-economy status or ranks or positions. It is an entitlement of every person either rich or poor, old or young, male or female. It has no respect for race, colour, sex, ethnic or religion and political affiliation.

- Human rights are not negotiable and are undeniable.

- Claim of human rights is universal and global. It is borderless.

- By the instrument of Human rights, the state government or any constituted authority cannot claim absolute power and authority over individual.

That is, if the state claims power and authority then of course an individual must claim rights.

- Human rights and civil obligations or duties are reciprocal. In other words, anybody who claims rights must be law abiding, obey the rules and regulations and laws as stated by the government of its agents and institutions.

He/she must be submissive and obedient to the civil and constituted authorities.

- Human rights are expectedly enforced and promoted by the state, government, civil society and international tribunal.

- Human rights literarily translates or connotes creating congenial conditions for the happiness or happy living of the citizenry.

Human rights ostensibly check against absolutism, authoritarianism, despotism and tyranny and dictatorship.

- Human rights are associates and are therefore linked to justice, fair play, liberty and freedom from oppressive and dictatorial regime.

- Human rights are rooted in and developed from natural laws.

- Human rights can interpret to mean, upon failure of government to pursue, preserve and enforce rights the people have the rights and even a duty to rebel and replace such a government (John Luck's postulation and proposition).

Anifowose R. and Enemuo F. (1999).

- Human rights are an embodiment of legal and constitutional documents of every nation of the world.

For instance the 1979, 1995 and the 1999 constitutions of the Federal Republic of Nigeria contained all elements of rights.

- Human rights originated from the voice of protest and demand against oppression and arbitrary rule and regimes of the past be they monarch, military totalitarian and indeed dictatorial democratic governments of some African governments.

Generally speaking rights are claims of individuals, or group of individuals, society, community, villages towns, nations, civil society, corporate body etc. against arbitrary power of the state, government or regime. The claims are required to be secured through legal and constitutional mechanisms. Gauba, (2004).

Furthermore, it must be noted that the concept of rights is dynamic and is progressive in nature. The concept changes with time. As society progresses new dimension of rights in respect of claim, demand and need surface simultaneously. In other words, as the level of social consciousness and awareness is nurtured and developed, the need to review and redefine the concept arises accordingly. For instance in the recent time there are calls to legalize homosexual as a light which was hitherto considered as illegal, in human, debasing etc.

The advocacy for homosexual as right is being championed be western countries of the USA, the great Britain and the like. Besides, food all citizens in society is presently considered as one of the most important aspects of right of man. This implies no one should be denied access for quality and adequate food. The above attests to changing pattern of rights in modern world and society.

Broadly speaking, rights can be categorized into two, namely positive rights and negative rights.

Positive rights are those rights in which the government or state is expected to positive measures in the protecting and securing the rights of individual citizens.

For example; right to medical care, right to work, right to legal aid, right to life etc, are classified as positive rights.

Whereas negative rights are those rights which cannot and should not be encroached, violated, abused and tempered with by the government or the State. Such include freedom of thought and conscience, of expression, of association etc. Agarwal (2004) posits that while in Capitalist states like the USA, the great Britain etc stick and reckon with negative rights, Socialist States like Cuba gives precedence to positive rights. A welfare states do considers both negative and positive rights as basic, feasible and go for the benefit of the citizenry and progress and development of the nation.

 

 

 

 

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