Human Rights and its Fundamentals

History and International Studies Department, Ibrahim Badamasi Babangida University, Society of History and International Studies Students (SHISS) ABSTRACT Human rights are basic rights that fundamentally and inherently belong to each individual.Human rights are freedoms established by custom or international agreement that impose standards of conduct on all nations. Human rights are distinct from civil liberties, which are freedoms established by the law of a particular state and applied by that state in its own jurisdiction.Specific human rights include the right to personal liberty and Due Process of Law; to freedom of thought, expression, religion, organization, and movement; to freedom from discrimination on the basis of race, religion, age, language, and sex; to basic education; to employment; and to property. Human rights laws have been defined by international conventions, by treaties, and by organizations, particularly the United Nations. These laws prohibit practices such as torture, Slavery, summary execution without trial, and Arbitrary detention or exile. Notes: human rights, freedom,liberty,religion,discrimination,conventions. History of Human Rights Modern human rights law developed out of customs and theories that established the rights of the individual in relation to the state. These rights were expressed in legal terms in documents such as the English Bill of Rights of 1688, the U.S. Declaration of Independence of 1776, the U.S. Bill of Rights added to the U.S. Constitution in 1789, and the French Declaration of the Rights of Man and the Citizen added to the French Constitution in 1791. Human rights law also grew out of earlier systems of International Law. These systems, developed largely during the eighteenth and nineteenth centuries, were predicated on the doctrine of national sovereignty, according to which each nation retains sole power over its internal affairs without interference from other nations. As a result, early international law involved only relations between nation-states and was not concerned with the ways in which states treated their own citizens. During the late nineteenth and early twentieth centuries, the notion of national sovereignty came under increasing challenge, and reformers began to press for international humanitarian standards. In special conferences such as the Hague Conference of 1899 and 1907, nations created laws governing the conduct of wars and handling of prisoners. Not until after World War II (1939–45) did the international community create international treaties establishing human rights standards. The United Nations, created in 1945, took the lead in this effort. In its charter, or founding document, the United Nations developed objectives for worldwide human rights standards. It called for equal rights and self-determination for all peoples, as well as "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion" (art. 55). The universal declaration of human rights, adopted by the U.N. General Assembly in 1948, also became an important human rights document.To develop the U.N. Charter into an international code of human rights law, the international community created a number of multilateral human rights treaties. Human Rights in Nigeria Human rights in Nigeria are protected under the most current constitution of 1999. Nigeria has made serious improvements in human rights under this constitution though the American Human Rights Report of 2012. The areas which needed significant improvement include: abuses by Boko Haram, killings by governmental forces, lack of social equality, and issues with freedom of speech. The Human Rights Watch's 2015 World Report states that intensified violence by Boko Haram, restrictions of LGBT rights, and government corruption continue to undermine the status of human rights in Nigeria. Nigeria has the label of having one of the world's highest levels of corruption. This is especially seen within the public sector including stealing public funds and accepting bribes. It is estimated that between 1999 and 2007, Nigeria has lost around $4–8 billion yearly due to corruption.The current Fourth Republic of Nigeria has strengthened its laws against corruption and established the Independent Corrupt Practices Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) in the early 2000s. However, due to the previous institutionalization of corruption, the battle against corruption is ongoing. Human Rights Organization and Bodies in Nigeria. 1. Constitutional Rights Project - founded in 1990 to promote rule of law in Nigeria. 2. Nigerian Center for Human Rights and Development - founded in 1995 to promote democracy and enforcement of rights. 3. Human Rights Monitor - founded in 1992 to promote human rights. 4. Institute for Dispute Resolution - founded in 1999 to promote peaceful conflict resolution. 5. Human Rights Law Services (Hurilaws) - established in 2007. 6. Youths For Human Rights Protection and Transparency Initiative (Yarpti). The United Nations conventions on Human Rights 1. The Convention on Civil and Political Rights includes protections for the right to life, except after conviction for serious crime (art. 6); freedom from torture and other cruel and inhumane punishment (art. 7); freedom from slavery and prohibition from slave trade (art. 8); freedom from arbitrary arrest or detention (art. 9); humane treatment of prisoners (art. 10); freedom of movement and choice of residence (art. 12); legal standards, including equality before the law, fair hearings before an impartial tribunal, Presumption of Innocence, a prompt and fair trial, the Right to Counsel, and the right to review by a higher court; freedom of thought, conscience, and religion (art. 18); and freedom of association, including association in trade unions (art. 22). 2. The convention on Economic, Social, and Cultural Rights protects additional rights, many of which have yet to be realized in poorer countries. These include the right to work (art. 6); to just wages and safe working conditions (art. 7); to social security and social insurance (art. 9); to a decent standard of living and freedom from hunger (art. 11); to universal basic education (art. 13); and to an enjoyment of the cultural life and scientific progress of the country. The international community has also adopted many other human rights treaties. These include the 3. Convention on the Prevention and Punishment of the Crime of Genocide (1948) 4. The Convention on the Political Rights of Women (1953) 5. The Convention to Suppress the Slave Trade and Slavery (revised 1953) 6. The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment (1987) 7. The Convention on the Rights of the Child (1990) 8. The Convention on Protection of the Rights of Migrant Workers (2003). In addition to worldwide human rights agreements, countries have also established regional conventions. These include the European Convention for the Protection of Human Rights and Fundamental Freedoms, the American Convention on Human Rights, and the African Charter on Human and Peoples' Rights Nongovernmental Organizations Amnesty International, the Center for Constitutional Rights, Human Rights Watch, the International Commission of Jurists, and other international human rights organizations closely monitor states' compliance with human rights standards. These groups also publicize rights violations and coordinate world public opinion against offending states. In many cases they induce governments to modify their policies to meet rights standards. Reference • Amnesty International Website. http://www.amnesty.org (accessed February 20, 2016). • Bureau of Democracy, Human Rights, and Labor. HTTP://www.state.gov/g/drl (accessed February 25, 2016). • Curry. Lynne, The Human Body on Trial: A Handbook with Cases, Laws, and Documents, Santa Barbara, Calif.: ABC-CLIO. (2002) • Golove. David, "Human Rights Treaties and the U.S. Constitution, (2002), DePaul Law Review 52 (winter), pp. 579–625. • Kennedy David, "The International Human Rights Movement: Part of the Problem?" (2002), Harvard Human Rights Journal vol. 15 (spring): pp.101–25. • Bureau of Democracy, Human Rights and Labor. Human Rights Practices for 2012. HTTP://www.bureauofdemocracy.humanrights.org. (accessed 22 February 2016). • World Report 2015: Nigeria". Human Rights Watch. Human Rights Watch. • Everyone's in on the Game- Corruption and Human Rights Abuses by the Nigerian Police Force", Human Rights Watch. “Criminal Politics”, October 2007. HTTP://www.humanrightswatch.org. (accessed 23 February 2016).