Fundamental Human Rights – SS1 Government Lesson Note (Third Term)

Fundamental human rights are the basic rights and freedoms enjoyed by the citizens of a state within the bounds of the law of the country.

• Source in Nigeria: the written constitution states these rights, the limits to them and the protection the government gives them.
• Where to find them: Chapter IV of the 1999 Constitution (as amended) deals with fundamental rights.

Behavioural objectives

1. Define fundamental human rights.
2. List examples of fundamental human rights.
3. Classify rights into civil, political and social or economic rights.
4. State reasons why fundamental human rights are included in the constitution.
5. State the situations in which the government may limit human rights.
6. Describe how a citizen can enforce a violated right.

What are the key terms?

Six key terms are used in the study of human rights.

• Right: a claim a person can make that the law will support and protect.
• Fundamental right: a basic right written in the constitution and protected by the courts.
• Citizen: a person who belongs to a state by birth, registration or naturalisation.
• Redress: a remedy or compensation given when a right has been violated.
• Franchise: the right to vote and be voted for in an election.
• Detention: holding a person in custody against his or her will.

What does the state do about human rights?

The state specifies, limits, protects and ensures the enjoyment of human rights.

• Specifies them: the constitution lists the rights citizens enjoy.
• States the limits: the law shows when a right may be restricted.
• Protects them: the courts and other agencies defend citizens whose rights are violated.
• Ensures enjoyment: the state must make sure its citizens can enjoy these rights.

What are examples of fundamental human rights?

Examples of fundamental human rights include the right to life, freedom of movement, freedom of expression and the right to a fair hearing.

• Right to life, security and protection from inhuman treatment: no one may be killed, tortured or treated cruelly without lawful cause.
• Freedom from slavery: no one may be forced to work as another person’s property.
• Freedom from unlawful detention and imprisonment: a person may not be locked up without lawful reason.
• Freedom of movement: a citizen may live and travel in any part of the country.
• Freedom of association: citizens may form or join clubs, unions and political parties.
• Freedom of expression and the press: citizens may speak, write and publish their views within the law.
• Freedom of thought, conscience and religion: a citizen may hold and practise any religion or belief.
• Freedom from discrimination: no citizen may be treated unfairly because of ethnic group, place of origin, sex or religion.
• Right to ownership of property: a citizen may buy, own and sell property, such as land and houses.
• Right to education: every child should have the chance to go to school.
• Right to a fair hearing: an accused person is heard by a court that is open and fair.
• Right to vote and be voted for: an adult citizen may take part in elections.

How are human rights classified?

Human rights are classified into three types: civil rights, political rights, and social and economic rights.

• Civil (personal) rights: rights that protect a person’s life, liberty and dignity.
• Political rights: rights that let citizens take part in government.
• Social and economic rights: rights that protect a citizen’s welfare and means of living.

Why are fundamental human rights included in the constitution?

They are included so that the rights are written down, protected by the highest law and hard to remove.

1. Easy reference: a constitution is a written document that can be consulted.
2. Prevents dictatorship: rulers cannot take away rights at will.
3. Constitutional protection: the rights have the full force of the highest law.
4. Redress: citizens can go to court whenever their rights are infringed upon.
5. Stability: the government cannot change the rights easily, because amending a constitution is hard.
6. International obligation: Nigeria belongs to the United Nations Organisation (UN), which urges member states to protect human rights.

When can the government limit human rights?

The government may limit human rights only as the law allows, to protect the state and other people.

• Defence of the country: rights may be restricted in a war or national emergency.
• Public order and safety: violent demonstrations and riots may be stopped.
• Public health: movement may be restricted during an outbreak of disease.
• Public morality: publications that corrupt morals may be banned.
• Protecting the rights of others: one person’s freedom ends where another person’s freedom begins.
• Crime and lawful punishment: a person found guilty by a court may lose his or her liberty.

How can a citizen enforce a violated right?

A citizen enforces a violated right by taking the matter to a court of law.

1. The citizen identifies the right that has been violated.
2. The citizen reports the matter to a lawyer, a human rights group or the National Human Rights Commission.
3. The citizen files a case in a High Court.
4. The court hears both sides.
5. If the right was violated, the court may order it to stop and award compensation.

What are the duties of a citizen?

A citizen must respect the law and the rights of others in return for the rights he or she enjoys.

• Obey the law: rights are enjoyed within the bounds of the law.
• Respect the rights of others: do not harm or insult other people.
• Pay taxes: taxes help the state to provide services that protect rights.
• Vote in elections: this is a way of using the right to vote.

Evaluation

1. Define fundamental human rights.
2. List five fundamental human rights.
3. State four reasons why fundamental human rights are included in the constitution.
4. State three situations in which the government may limit human rights.

Assignment

Answer all five objective questions below.

1. Fundamental human rights means
   • (a) freedom of exploitation
   • (b) the privileges enjoyed by a citizen
   • (c) dictatorship
   • (d) the right to kill
2. The rights of the citizens are necessary because of the following except
   • (a) to enable citizens to seek redress
   • (b) to prevent breakdown of law and order
   • (c) to ensure peaceful co-existence in the state
   • (d) to cause conflict
3. The following are the rights of citizens except
   • (a) right to life
   • (b) freedom of association
   • (c) freedom to commit crime
   • (d) freedom of expression
4. The rights of the people can be curtailed by the government when there is
   • (a) violent demonstration
   • (b) peace in the society
   • (c) development
   • (d) absence of conflict
5. The right of the citizens to vote and be voted for in an election is called
   • (a) nomination
   • (b) franchise
   • (c) indirect election
   • (d) voting