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TOPIC 3: HUMAN RIGHTS
ASPECTS OF HUMAN RIGHTS
Meaning of Human Rights
Human rights are
basic things that all human beings are entitled to and which nobody should
interfere with. Such rights include life, ownership of property, education, marriage,
health care and housing. Others are equality before the law, security, freedom
of association, privacy and freedom of worship.
In most countries, human rights are based on the
Universal Declaration of Human Rights. They are also included in the
constitution of countries as the Bill of Rights. The Bill of Rights shows the
rights and freedoms that citizens have in their country. Freedom is the right
to do or say what one wants without being stopped by any one.
VARIOUS ASPECTS OF HUMAN RIGHTS
The United Nations 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 the 10th of
December 1948. It has thirty points, known as articles.
These points can be summarized into three categories as follows:
These points can be summarized into three categories as follows:
1. Civil and political rights. These are rights to life,
liberty, recognition, fair and public hearing by an independent tribunal, and
freedom of movement, freedom of thought, freedom of assembly and freedom of
expression.
2. Economic, social and cultural rights. These are rights
to social security, work, equal pay, education, rest, leisure and cultural
life.
3. Environmental and developmental rights. These are rights
people have to live in an environment that is clean and free of pollution. People
also have a right to wealth and natural resources, self-determination and
peace.
Right
to Equality
The constitution of Tanzania presents the right to
equality in two parts as follows:
1. Equality to all human beings- The Constitution states
that all human beings are born free and are equal. It also states that every
person has the right to cognition and respect.
2. Equality before the law- In this part, the Constitution
provides people with the right to be treated fairly before the law and to be
protected without any kind of discrimination or favor.
Right
to Life
The constitution represents these rights in four parts as
explained below:
1. Right to live - The Constitution states that every
person has the right to live and have his or her life respected by society
according to the law.
2. Right to personal freedom - According to the
Constitution, everyone has the right to live as a free person, without being
restricted by anyone else.
3. Right to privacy and personal security- According to
the constitution, every person has the right to be respected and to live and
communicate without public attention.
4. Right to freedom of movement - Every citizen of Tanzania
has the right to move in Tanzania and live in any part of Tanzania. A Tanzanian
citizen also has the right to leave and enter the country.
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| Equal Rights in a Family |
Freedom of Expression
Freedom of expression is presented in four parts as
follows:
1. 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.
2. Freedom of religion - Every person has the right to
belief of faith, freedom of thought and choice in matters of religion.
3. Freedom of association - Every citizen is free to assemble,
associate and communicate with other people. A Tanzanian citizen has the right
to express views and join lawful associations or organizations.
4. Freedom to participate in public affairs - The
Constitution guarantees every citizen the right to take part in leadership
matters that is the right to elect or be elected into public office. Every
Tanzanian citizen has the right to participate fully in making decisions on
matters affecting him or her, his or her well-being or the nation.
Right
to Work
The right to work is presented in three parts. These are:
1. Right to work - Every citizen has the right to work,
equal opportunity to work and to hold any office.
2. Right to own property - The constitution gives all
citizens the right to own property and have that property protected.
3. Right to fair remuneration - Every citizen who works
has the right to a fair salary according to his or her work. All the rights and
freedom guaranteed in the Constitution have their limitations. Every citizen
who enjoys these rights and freedom must obey the laws of the country. In
exercising his or her rights, a citizen should also take into consideration the
rights of others.
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| Equal Rights in Employment |
THE IMPORTANCE OF HUMAN RIGHTS IN OUR SOCIETY
Most democratic societies have constitutions that contain
a Bill of rights. The Bill of rights consists of a list of rights and freedoms
that are guaranteed in the constitution. These rights can be divided into three
categories.
Civil
and Political Right
These rights give citizens liberty and equality. They
also allow citizens to participate in political mattersin their communities or
societies. The rights incude:
1. The right to life – This right states that everyone
has a right to live. It also disallows the death penalty for people below 18
years, pregnant women and insane people.
2. The right to equal protection by the low – This right
seeks to ensure that laws and law enforcing authorities treat all people
equally.
3. Freedom of expression – This right helps ensure that
people are free to exchange ideas and opinions.
4. Freedom of religious and conscience – This right ensures
that no-one is punished or penalized in any way because he/she chooses one
religion over another or opts for no religion at all.
5. Freedom of association – This right that ensures people
are free to belong to any organization of their choice. It gives individuals
the right to meet and interact with others with whom they have common
interests.
Social
and Economic Rights
These rights give people the opportunity to participate
in the social, economic and cultural activities of their community or society.
They are also concerned with the provision of basic needs such as food,
shelter, health care and education.
Social and economic rights are divided into the following two categories:
Social and economic rights are divided into the following two categories:
1. Social rights – These include freedom from
discrimination on grounds of race, gender or religion, the right to marry and
have a family and the right to privacy, education, recreation and health care.
2. Economic rights – They include the right to work,
housing, reasonable standard of living and housing.
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| Equal Rights in Leadership |
Environmental and Developmental Rights
Rights under this category seek to do the following:
1. Guarantee people's right to live in a free and safe
environment that is clean and free
from pollution and protected from destruction.
2. Give people the right to have their culture
recognized, or to advance themselves
politically and economically.
Human
Rights and the Provision of Basic Needs
Basic needs are things that are essential for survival.
They include food, shelter and clothing. Human rights are related to the
provision of basic needs. Social and economic rights give people the
opportunity to participate in social, economic and cultural activities that
help them meet their basic needs. These activities include agriculture, business,
manufacturing, employment and education. Human rights also enable people to
work together as members of society in order to improve their living
conditions.
The
Role of Government and Different Pressure Groups in the Promotion of Human
Rights in Tanzania
Promotion of human rights is done to encourage people to
respect and value human rights. This is done in the following ways:
1. The government promotes human rights by recognizing
and including them in the constitution.
2. The government accepts and respects international
obligations on human rights.
3. Tanzania is signatory to various international
agreements on human rights.
4. The government has set up acommission on human
rightsand good governance. This commission is given power to promote and
protect human rights.
5. The constitution of Tanzania allows for a multiparty
system on government in which people are free to join any political party of
their choice. This promotes Democracy and therefore the freedom of expression.
6. The courts of law have final say on legal matters.
7. The government has allowed Non- Governmental
organizations (NGOs) to operate in the country. These help promote human
rights.
The following are some of those organizations:
- Tanzania Gender Networking Program (TGNP).
- Tanzania Women Lawyers Association (TAWLA).
- Tanzania Media Women Associations (TAMWA).
- Tanzania Human Right and Democratic Development Centre
(TAHUDE).
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| Equal Rights in Education |
PROTECTION
OF HUMAN RIGHTS
Protection of human right means ensuring that human right
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 foundations of justice, peace and
freedom.
3. They promote democracy. This means the citizens’
wishes are respected by the government.
4. They encourage people’s participation in economic,
social, political and culture
activities.
5. They bring about social equality and discourage any
form of discrimination.
The
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 civil
rights which are guaranteed in the constitution. It also practices the rule of
law by setting up a system of checks and balance (such as law courts and police
force) to ensure that human rights are respected.
3. Non-Governmental organizations educate the public and
put the pressure on the
government to change oppressive laws.
4. The press informs the public about violations of human
rights.
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| Equal Rights in Sports |
LIMITATIONS OF INDIVIDUAL HUMAN RIGHTS
Human rights have limitations because there is no
absolute freedom as all freedom is within certain boundaries. In a democratic
society, such limitations should be reasonable, non-discriminatory and justifiable.
The main reason for setting boundaries within which human rights are exercised
is to protect the interests of other people.
The
Meaning and Purpose of Limitations of Individual Human Rights
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:
1. Freedom of expression – If a person uses abusive language
he/she can be arrested. An individual's right to freedom of speech does not
mean one is allowed to insult other people.
2. Freedom of assembly – This can be limited if an
assembly is likely to harm other People
3. 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.
4. Right to personal freedom – Just because one has the
right to personal freedom does not mean he/she can do things that offend
others, such as walking naked.
HUMAN RIGHTS ABUSE
Abuse of human right is the unlawful prevention of a person`s
enjoyment of his or her right as outlined in the constitution.
Parents can Abuse the Rights of their Children by:
1. Denying them education
2. Not providing basic needs, such as food and clothing
for their children
3. Forcing their children to marry against their wishes,
especially at a tender age
4. Giving their children severe punishment
Society
can Abuse an Individual’s Right through:
1. Beating and killing suspected criminals without giving them a fair trial in a court of law.
2. Abandoning children in the streets
3. Stigmatizing less fortunate members of the society, such the disabled and people living with HIV/AIDS.
1. Beating and killing suspected criminals without giving them a fair trial in a court of law.
2. Abandoning children in the streets
3. Stigmatizing less fortunate members of the society, such the disabled and people living with HIV/AIDS.
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| Human Rights Abuse |
The Government can Abuse Human Rights through:
1. Making oppressive laws that limit anindividual’s
rights
2. Discriminating against citizens due to their race,
gender, religion or ethnic group.
3. Not including a bill of rights in the constitution.
4. Not maintaining the rule of law.
1. Conflicts among family members and in the community.
This leads to unrest and instability in the society due to the increase of
crimes.
2. Conflicts between citizens and their government. This
makes it difficult for the government to enforce law and order.
3. Citizens being unable to perform their duties and
responsibilities in peace.
4. Increased crime and poverty in the society
5. Oppression of less fortunate members in society. For
example, workers may be
underpaid or the poor may be denied justice in the court
of law.
6. Citizens beingunable to obtain their basic needs when
the right to work is denied or
abused.
Differences
between Limitations and Abuse of Human Rights
The differences between limitations of human rights and
the abuse of human rights are listed in the table below.
Ways to Combat Abuse of Human Rights
1. The government has to maintain the rule of law where
the rule of law is not maintained.
2. The government should educate its citizens about their
basic rights so that they can claim them when they are denied.
3. The society has to respect all people, including the
sick and disadvantaged.
4. The court of law should enforce the law in a just manner
and punish those who abuse the rights of others, such as thieves and murderers.
5. There should be a system tocontrol the activities of
the government, e.g. the existence of a particular law to prevent the abuseof
power.
6. The government should be transparent in its operations.
Citizens should be kept informed about issues affecting them.
7. All people should be treated fairly and equally before
the law. No one should be discriminated against because of their race,
religion, gender or status in the society.
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