Protection of Human Right and Rule of Law – JSS2 Civic Education Lesson Note (Second Term)

Human rights are the basic rights that protect urgent moral concerns of every human being, and the rule of law is the principle that everyone, including the government, must obey the law.

Behavioural objectives

By the end of the lesson, students should be able to:

1. explain what human rights are;
2. state why some human rights can be forfeited or overridden in rare cases;
3. list some of the rights named in the Universal Declaration of Human Rights (UDHR);
4. describe how states, international institutions and non-state actors protect human rights;
5. explain the rule of law and state its features;
6. name groups that help to protect the human rights of citizens.

What are human rights?

Human rights are rights that protect especially urgent moral concerns of humans.

• Universal: they apply to every human being, everywhere.
• Equal: everyone has the same human rights, such as the right to life and liberty.
• Not defined in one way: there is no single agreed definition of human rights.
• Inalienable: this word is not part of the definition above, because some rights can be limited in rare cases.

Can human rights be forfeited or overridden?

Yes, some human rights can be forfeited or overridden in rare cases.

• Forfeited: many people believe some rights are lost by certain actions, especially by committing crimes.
• Overridden: some rights may give way in rare circumstances to protect other people.
• Example: a person infected with a highly contagious deadly disease may be quarantined for a limited period.
• Why this is acceptable: it protects the lives of others, even though people generally have the right to liberty.

What rights does the UDHR list?

The UDHR is a United Nations document which says that “all human beings are born free and equal in dignity and rights.”

• Life, liberty and security: the right to life, liberty and security of person.
• Freedom from torture: no one may be tortured.
• Fair treatment: the right to due process and equal treatment before the law.
• Freedom of thought: freedom of thought, opinion, expression, conscience and religion.
• Participation: the right to take part in the government of one’s country.
• Work and living standards: the right to work and to an adequate standard of living.

What human rights does the Nigerian Constitution protect?

Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria lists the fundamental human rights of Nigerian citizens.

• Right to life: no one may be deprived of life except as the law allows.
• Dignity of the human person: no torture or inhuman treatment.
• Personal liberty: no arrest or detention without lawful reason.
• Fair hearing: every person is entitled to a fair trial in court.
• Freedom of expression and the press: people may share ideas and information.
• Freedom of thought, conscience and religion: people may follow the religion of their choice.
• Peaceful assembly and association: people may meet and form groups peacefully.
• Freedom of movement: citizens may live and travel freely in Nigeria.
• Freedom from discrimination: no one may be treated unfairly because of their ethnic group, sex or religion.

How are human rights protected?

Human rights are protected by states, international institutions and non-state actors, and the method depends on the right violated and how it is violated.

Protection by states and international institutions

• States: they are generally assumed to have the main responsibility for guaranteeing their citizens’ rights.
• The problem: states are often the worst violators of human rights.
• Treaties and institutions: since World War II, states have agreed to bodies and treaties that limit their powers.
• Examples: the UN Charter, the Genocide Convention and the International Criminal Court.
• Remedies: these bodies set legal limits on states and provide some remedies for violations.

The remedies include:

1. authorising humanitarian intervention under Chapter VII of the UN Charter;
2. sending peacekeeping missions;
3. authorising the arrest of a head of state.

• Responsibility to protect (R2P): a doctrine that may raise the cost for states that abuse their citizens.
• Use of R2P: it may also justify international humanitarian intervention, as happened in Libya in the spring of 2011.

Protection by non-state actors

• NGOs: Amnesty International and Human Rights Watch expose violations, which puts pressure on governments to change.
• Citizens: they sometimes organise to remove governments that violate rights, as in North Africa and the Middle East in 2011.

What is the rule of law?

The rule of law is the principle that the law is supreme and everyone, including leaders and government officials, must obey it.

• Meaning in simple terms: no one is above the law.
• Link to human rights: when the rule of law is followed, rights are respected and can be enforced in court.
• Opposite: rule by the whims of powerful people, where officials act without legal authority.

What are the features of the rule of law?

The main features of the rule of law are listed below.

• Supremacy of the law: the law is higher than any person or office.
• Equality before the law: the rich and poor, leaders and citizens, are treated the same.
• Fair hearing: an accused person is presumed innocent until a court proves guilt.
• Independent judiciary: judges decide cases freely, without pressure from the government.
• Protection of rights: courts can defend citizens whose rights are violated.
• Government under the law: officials may act only as the law allows.

Why is the rule of law important?

• Prevents abuse of power: leaders cannot act as they please.
• Protects rights: citizens can go to court when their rights are violated.
• Keeps peace and order: disputes are settled by law, not by violence.
• Promotes justice: everyone gets fair treatment.
• Encourages development: people and businesses feel safe where laws are respected.

What can weaken the rule of law?

• Corruption: bribes can influence police officers and judges.
• Abuse of power: officials arrest or punish people without lawful reason.
• Disobedience to court orders: ignoring judgments weakens the courts.
• Mob action: punishing suspects without a trial.
• Ignorance of rights: citizens who do not know their rights cannot defend them.

Which groups assist in protecting the human rights of citizens?

Several groups in Nigeria help to protect the human rights of citizens, as shown below.

Evaluation

1. What are human rights?
2. Explain what it means to say human rights are universal and equal.
3. Give an example of a situation in which a person’s right to liberty may be overridden.
4. List four rights named in the UDHR.
5. What is the rule of law? State two of its features.

Assignment

1. Explain how NGOs such as Amnesty International and Human Rights Watch help to protect human rights.
2. Name two institutions or treaties that limit the powers of states.
3. Name three groups that assist in protecting the human rights of citizens.