Fundamentals Of Human Rights

 

Can you guess what today is?

No, it’s not our birthday, that’s July 1st.

Okay, here’s a hint- It’s a significant day in human history.

Another hint- It’s celebrated all over the world.

Fine, we’ll tell you- It’s International Human Rights Day!

Why is International Human Rights Day important?

After the 2nd world war ended in 1945, the United Nations (UN) was formed and subsequently, the UN established a Commission on Human Rights led by Eleanor Roosevelt, Civil Rights Activist and former First Lady of the United States.

The Commission drafted a Charter known as the United Nations Declaration of Human Rights (UDHR) and it was adopted by 56 member states of the United Nations, 76 years ago on this very day (10th December 1948).

This is why every year, on this day, the world commemorates the coming into force of a fundamental law that has now been adopted by all 192 member states of the United Nations and has been incorporated into the Constitutions of more than 185 nations around the world.

Why Human Rights are important
We’ll give you 5 reasons:

• It promotes equal and fair treatment of all humans, regardless of social status, race, religion, age or other factors;
• It protects individuals from abuse or oppression by other humans, the government, its agencies or any other entity;
• It ensures justice by holding people accountable for encroaching on the rights of others;
• It provides a safety net for vulnerable persons and minority groups
• It inspires peace, dignity and a society where everyone thrives.

Imagine for a moment that there were no laws preserving the interests and dignity of human beings, we would’ve lived in a total state of anarchy, no one would feel safe and there would be no value for human life.

Thankfully, with just the mere existence of human rights, there is some level of sanity in the society and there is hope of remedy for persons who are marginalised and oppressed in spite of the existing laws on human rights.

That being said, you can see why today is important.

Human Rights under Nigerian Laws
Let’s start with the 1999 Nigerian Constitution. It is the foundation and grundnorm of every law in Nigeria.

Chapter IV of the Constitution provides for the Fundamental Rights of every Nigerian citizen as well as the limitations to some of those rights. We’ve written extensively on each of these rights and their limitations in the past. You can refresh your memory here.

Other Laws in Nigeria that provide for Human Rights

Asides from the Constitution, there are some other statutes in force in Nigeria, that provide for the rights of individuals or specific groups of persons in Nigeria. They are:

1. African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act: It was originally established by the African Union in 1981 and was subsequently adopted and ratified by the Nigerian government, making it a binding law in Nigeria in line with Section 12(1) of the 1999 Nigerian Constitution. It contains significant rights that all human beings are entitled to, beyond the scope of what is provided for in the 1999 Nigerian Constitution.
2. Child Rights Act 2003: It protects the rights of children, such as the right to education, freedom from exploitation and protection from abuse.
3. Labour Act 2004: It protects the rights of workers and ensures fair wages, safe working conditions and freedom from discrimination at the workplace.
4. Violence Against Persons (Prohibition) Act (VAPP) 2015: It addresses gender-based violence and provides protection from abuse, harmful traditional practices and other violations of dignity.
5. Freedom of Information Act 2011: It guarantees public access to information held by public institutions to enhance accountability and transparency.
6. Anti-Torture Act 2017: Prohibits and criminalizes torture, cruel, inhumane or degrading treatment/punishment.
7. Discrimination Against Persons with Disabilities (Prohibition) Act (2018): Safeguards the rights of persons with disabilities and promotes their inclusion in society.
8. Trafficking in Persons (Prohibition) Enforcement and Administration Act (TIPPEA) 2015: Prohibits and criminalises human trafficking and related abuses.

Enforcement of Fundamental Rights in Nigeria
Right after providing for the rights of citizens, the constitution further provides for how those rights can be enforced. Section 46 provides that any person who alleges that his/her rights have been contravened or is likely to be contravened, should apply to the Court for redress.

A statute known as the Fundamental Rights (Enforcement Procedure) Rules (FREP) 2009 regulates the process of enforcing a person’s rights in court.
FREP 2009 provides that only rights that are specifically contained in the Constitution or the African Charter on Human and People’s Rights (ACHPR) can be enforced as fundamental rights. This means that it’s not every wrong done to you that is a breach of your rights. The said wrong must be a breach of your rights contained under the Constitution or the ACHPR.

This does not mean that you cannot enforce your rights as contained in the other laws mentioned above, it only means that the procedure in FREP 2009 would not be adopted in those instances.

Who can enforce?
Normally, before a person can institute an action in court, he must be able to prove that he is directly or relatively affected by the cause of the action. This, amongst some other factors, determines if a person has the capacity or in legal terms, the locus standi, to institute an action.

However, when it comes to enforcement of fundamental rights, the scope of persons that can institute an action is wider. It includes:

• Anyone acting in his own interest;
• Anyone acting on behalf of another: for example, a relative or an agent;
• Anyone acting as a member of, or in the interest of a group or class of persons; for example, a workers union or a football club;
• Anyone acting in the interest of the public; For instance, a human rights advocate; and
• An association acting in the interest of its members or other individuals or groups.

When you should enforce
Given how important it is to safeguard the rights of people, the law does not limit the period of time within which a person can enforce his/her fundamental rights. There is no time limit to when a person’s rights can be enforced. See Order 3 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules (FREP) 2009 .

More so, you don’t only have to wait till your rights have been breached before you enforce them. Fundamental rights can be enforced when a person reasonably believes that his/her rights will likely be breached by another person or entity.

A good example is when there is a threat to a person’s life, he/she could apply for a restraining order or an injunction against the persons responsible for the threat.

What to do if someone breaches your right?
You should institute an action in court. To do this, you require the services of a lawyer. The court proceedings may take a while but if successful, you may be granted damages and other forms of relief depending on the nature of your case.

 

 

 

Source- LawPadi