Human Rights – SS2 Civic Education Lesson Note (Second Term)

Human rights are the basic rights and freedoms that every person is entitled to, and that the Nigerian Constitution protects for its citizens.

Behavioural objectives

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

1. define human rights;
2. list examples of human rights;
3. state ways in which human rights can be limited;
4. explain how the laws of slander and libel limit freedom of expression;
5. explain the immunity clause.

What are human rights?

Human rights are the inalienable rights and privileges enjoyed by the citizens of a state as codified in the Constitution.

• Inalienable: the rights belong to a person by birth and cannot be taken away without lawful reason.
• Codified: the rights are written down in law. In Nigeria they appear in Chapter IV of the 1999 Constitution, called Fundamental Rights.
• Universal: the Universal Declaration of Human Rights (UDHR) states them for all people. It was adopted by the United Nations in 1948.
• Limited: every right must be enjoyed within the law and with respect for the rights of others.

What are examples of human rights?

Nigerian citizens enjoy many human rights, including the following.

• Right to life: no one may be killed unlawfully.
• Right to dignity of the human person: no one may be tortured or treated in an inhuman way.
• Right to personal liberty: no one may be arrested or detained without lawful reason.
• Right to a fair hearing: an accused person must be heard by a court in a fair and open way.
• Right to private and family life: the home, letters and phone calls of a person are protected.
• Right to freedom of thought, conscience and religion: a person may hold and practise any belief.
• Right to freedom of expression and the press: a person may speak, write and publish ideas.
• Right to freedom of movement: a person may live and travel in any part of Nigeria.
• Right to peaceful assembly and association: people may meet and form or join groups, such as unions and clubs.
• Right to vote and be voted for: an eligible citizen may take part in elections.
• Right to own property: a citizen may own movable and immovable property.

How can human rights be limited?

Human rights can be restricted for the overall good of the citizens and the country at large.

Limits through the courts and the law

1. Detention: a citizen may lose some rights if a court of law detains him or her.
2. Death sentence: the right to life may be denied if a court condemns a person to death for crimes such as murder or armed robbery.
3. Suicide law: the right to life is also restricted by the law which forbids a citizen from killing himself or herself.
4. Highest court: the right to a fair hearing cannot go beyond the highest court, which is the Supreme Court in Nigeria.
5. Pending case: the court can restrict the movement of a person who has a serious case pending in court.
6. Slander and libel laws: freedom of expression and the press is restricted by laws against damaging the reputation of others.

Limits for public safety and order

7. Compulsory acquisition: the state may take private property for public use, which limits the right to own property.
8. Curfew: a dusk-to-dawn curfew in times of emergency or chaos limits freedom of movement.
9. Ban on assembly: the police, in keeping law and order, can ban public gatherings and demonstrations. This limits freedom of association and assembly.
10. Insanity or contagious disease: a person with either condition may be kept apart to protect the rights of others.

Other limits

11. Immunity clause: some office holders cannot be sued or prosecuted while in office.
12. Military or dictatorial rule: rights are often restricted in practice under such governments.

How do the laws of slander and libel limit freedom of expression?

Slander and libel are laws that stop people from damaging the good name of others with false statements.

• Slander: a false spoken statement that harms a person’s reputation.
• Libel: a false written or published statement that harms a person’s reputation, for example in a newspaper, book or online post.

• Reason for the limit: everyone has a right to a good name, so one person’s freedom of speech must not harm another.

What is the immunity clause?

The immunity clause is the constitutional protection that stops certain top office holders from being sued or prosecuted in court while they remain in office.

• Who it covers: the President, Vice-President, Governors and Deputy Governors.
• Purpose: it lets them do their work without being disturbed by court cases.
• Effect on rights: a citizen cannot take them to court while they are in office, so the citizen’s right to sue is limited.
• Duration: the protection ends when the person leaves office.

Evaluation

1. Define human rights.
2. List five human rights enjoyed by Nigerian citizens.
3. State four ways in which human rights can be limited.
4. Explain how the laws of slander and libel limit freedom of expression.
5. What is the immunity clause?

Assignment

Instruction: From the options lettered A to D, choose the letter that is most appropriate for each question. Answer all the questions.

1. Limitations on human rights include all but
   A. libel law
   B. public order law
   C. compulsory property acquisition laws
   D. good government
2. The right to freedom of expression is limited by the law of
   A. slander
   B. speech
   C. article
   D. conversation
3. The right to free movement can be restricted during all of the following except
   A. chaos
   B. war
   C. curfew
   D. peaceful protest
4. Privileges enjoyed by citizens but within the ambit of the law are called
   A. ownership
   B. human rights
   C. liberty
   D. enjoyment
5. The UDHR came into existence in
   A. 1960
   B. 1945
   C. 1948
   D. 1963