Human Rights III: Limitation of Human Rights – SS3 Civic Education Lesson Note (First Term)

Limitation of human rights is the restriction of a citizen’s rights by law for the overall good of all citizens and the country.

Behavioural objectives

1. Explain what is meant by the limitation of human rights.
2. State the reasons why human rights are limited.
3. List at least five ways in which human rights can be limited.
4. Explain how laws such as slander and libel, curfew and compulsory acquisition of property restrict rights.
5. Explain the immunity clause and name the office holders it protects.

What is the limitation of human rights?

Limitation of human rights means that no right is absolute, because the law can restrict it when the public good requires.

• Human rights: the basic freedoms and privileges every person is entitled to as a human being.
• Limit: a right may be restricted, but only by a law made for a lawful purpose.
• Examples of limits: detention under the law, a death sentence from a court, a curfew, insanity and contagious disease.
• Immunity: some public office holders also enjoy protection from court action while in office.
• Balance: the aim is to balance one person’s rights against the rights of others and the interest of society.

Why are human rights limited?

Human rights are limited to protect other people, society and the state.

• Rights of others: one person’s freedom must not harm another person’s freedom.
• Law and order: unlimited rights can lead to chaos, riots and crime.
• Public safety and health: the state must protect citizens from danger and disease.
• National security: the country must be defended in times of war or emergency.
• Public morality: society needs standards of acceptable behaviour.
• Public interest: the needs of the many sometimes come before the wishes of one person.

What does the Constitution say about limiting rights?

The 1999 Constitution (as amended) allows rights to be restricted only by laws that are reasonable and justifiable in a democratic society.

• Made by law: a right can be limited only through a law, not by the wish of an official.
• Lawful purpose: the grounds include defence, public safety, public order, public morality, public health and protecting the rights of others.
• Emergency: some rights may be restricted while a state of emergency is in force.

What are the limitations of human rights?

Human rights can be limited in at least six ways: on life, on liberty and movement, on expression and assembly, on property and legal rights, by immunity, and by the type of government.

Limitations on the right to life

• Death sentence: a court may condemn a person to death for offences such as murder or armed robbery.
• Suicide: the law forbids a citizen from killing himself or herself, and attempted suicide is an offence.
• Lawful force: life may be taken in self-defence, to stop a riot or to carry out a lawful arrest, within limits set by law.

Limitations on personal liberty and movement

• Detention by law: a citizen who is lawfully detained loses some rights, such as freedom of movement.
• Pending court case: the court can restrict the movement of a person who has a serious case before it.
• Curfew: a dusk to dawn order, declared in periods of emergency or chaos, limits freedom of movement.
• Insanity: a person of unsound mind may be deprived of some rights to safeguard the rights of others.
• Contagious disease: a person may be detained on medical grounds to stop the disease from spreading.

Limitations on expression, assembly and association

• Slander: a false spoken statement that damages another person’s good name.
• Libel: a false written or published statement that damages another person’s good name.
• Ban on assembly: the police, in enforcing law and order, can ban public assembly and demonstrations.

Limitations on property and legal rights

• Compulsory acquisition: the state may take private property for public use, such as a road or a school.
• Fair hearing: the right ends with the highest court, which is the Supreme Court in Nigeria, whose decision is final.

Limitation by immunity

• Immunity clause: some office holders cannot be sued or prosecuted in court while in office.
• Who is covered: the President, Vice-President, governors and deputy governors.
• Effect: citizens cannot take these officers to court during their term, so their right to sue is limited.
• Duration: the protection lasts only while the person is in office.

Limitation by the type of government

• Military rule: rights may be suspended or ignored under a military government.
• Dictatorship: an unpopular dictatorial government can restrict citizens’ rights.
• Note: these are abuses of power. They are not lawful limits in a democracy.

What is the difference between slander and libel?

Slander is a false spoken statement that harms a person’s reputation, while libel is a false written or published statement that does the same.

• Slander: spoken in speech, for example a false claim made at a meeting or on the street.
• Libel: recorded in writing, print, pictures or broadcast, for example a false story in a newspaper.

What are the limitations at a glance?

The table below shows each limitation, the right it affects and the reason for it.

How does compulsory acquisition work?

Compulsory acquisition is the taking of private property by the government for public use, with compensation to the owner.

1. The government decides that land or property is needed for public use.
2. The government takes the property under a law.
3. The owner is entitled to prompt and fair compensation.
4. The owner has the right to challenge the acquisition in court.

How can citizens be protected from the abuse of limits?

Citizens are protected when every limit is made by law, is reasonable and can be tested in court.

• Rule of law: officials must act within the law when they restrict a right.
• Courts: a citizen may go to court to challenge an unlawful restriction.
• Compensation: an owner whose property is acquired must be paid.
• Time limit: a curfew or emergency order should last only as long as the danger lasts.

Evaluation

1. State five limitations to human rights.
2. Give three reasons why human rights are limited.
3. Distinguish between slander and libel.
4. What is a curfew, and which right does it limit?
5. Explain the immunity clause.

Assignment

• Task: explain four limitations of human rights, and give one example of each.
• Further reading: Fundamentals of Civic Education for Senior Secondary Schools Book 3, Sola Akinyemi. Pgs. 1-5.