Fundamental  human rights (2) 

Concept of Human Rights:

The concept of human rights can be viewed from different political, sociological and philosophical angles and perspectives. In the Socio-politically view, human rights is a concept which tend to see human beings as possessing universal rights, or status, irrespective of legal jurisdiction, and other peculiar environmental factors, such as ethnicity and nationality.

From the philosophical angle, human rights are based on social contract theories and they are seen as natural rights.  According to some authors like David Forsythe, human rights refer to the supposed basic rights and freedoms to which all humans are entitled. While in opinion of another author Murray, human rights are a form of anarcho-capitalist orientation, he posited that human rights is a condition in which a person’s ownership rights to his body and legitimate property rights should not encroached upon nor infringed against by any person, group of persons or even the government.

From a broader perspective, the concept of human rights refers to cogent safeguards in place to protect the individual against arbitrary use of power by the government or any person or authority especially concerning to the following: the well being of individuals; the state of being comfortable, healthy, or happy or an improvement in the person’s well-being, the freedom and autonomy of every individuals as enshrined in extant laws and the representation of the citizens interest in government. This involved right to free, fair and credible elections and the results must reflect the wishes of the people.

In addition to the foregoing, the concept of human rights also involves small subset of values which are to be implemented by individual, or between individuals (or citizens) or government. These values are clearly stated in the constitution and other legal instruments like the African Charter, UNDHR and are based on the legal and political traditions and religious values of every country including Nigeria. For instance, the Christian principle of love your neighbour and the Yoruba value, that everyone in a neighbourhood is responsible for the protection and care of children of others. The latter principle worked well in the society where children see their parent’s neighbours as alternative parents in terms of discipline. This position has now been radically altered by so called modernisation in the world.

It should be noted that some erudite scholars like Wright are of the view that these rights include the right to life, the right to a reasonable standard of living. In other words, the government should use the resources of the nation to ensure that citizens are given good hospitals, schools, roads, accommodation, security, food and job security (this is currently not the situation in Africa especially in Nigeria, the so called giant of Africa.)

These rights also include freedom from torture and other maltreatment freedom of religion and of expression, freedom of movement, the right to self-determination, the right to education, and the right to participation in cultural and political life.

From the foregoing view points, it can be said that fundamental human rights can be explained as the basic universal inalienable rights that should be enjoyed by all human beings regardless of their religion, race, ethnicity, gender and status. In other words, fundamental human right are rights that belong to all as human beings and citizens of a country.

Human rights are held to be inalienable rights and they belong to all human and that is why rights are clearly spelt out in the constitution of nations and international conventions. These rights are necessary to ensure freedom and rights to the attainment of a reasonable quality of life. Constitutions of nations make express provisions for the rights and it can be seen in the United States Constitution (1783) and French Declaration of Rights of Man and of the Citizen (1793) made during the 1789 French Revolution and various law in Nigeria including the constitution of 1999. If a right is declared as inalienable, that means it cannot be bestowed (e.g one cannot commit suicide or sell oneself to slavery). No wonder Fela said, “Animal no fit dash me human right.”

To be continued.

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