Human Rights refer to those natural entitlements that human beings require to flourish and live happy and fulfilled lives.
Human rights are inherent in the nature and dignity of man, and so are inalienable i.e. cannot be denied from man without strong legal justification.
Human rights are protected by laws and are the foundation of values such as dignity, fairness, and equality.
The importance of human rights cannot be overemphasised as it not only gives meaning to life but also differentiates man from mere animals and beasts.
CHARACTERISTICS OF HUMAN RIGHTS
A. Universality
Human rights are universal and apply to every person in the world, from birth until death.
B. Inherent
Human rights are inherent to the dignity of every human person and are not dependent on any specific circumstances or achievements.
C. Indivisible
Human rights cannot be divided into separate categories as they are all interconnected and essential to the protection of individual dignity.
D. Shared values
Human rights are based on shared values like dignity, fairness, and equality, which are protected by laws in various countries.
E. Inalienability
Human rights are inalienable and cannot be denied or taken away from man. Human rights as provided for in the 1999 Constitution of Nigeria are inherent and cannot be arbitrarily removed.
Only a court order or conditions specified in Chapter 4 of the 1999 Constitution can result in the limitation of these rights.
F. Human rights are enforceable against any person.
LIMITATIONS OF HUMAN RIGHTS
By limitations of human rights, we mean the factors which can affect or limit the rights of a person.
Even though the rights of individuals are recognized and entrenched in the Constitution, certain factors could exist to limit them namely:
1. State of Emergency: A state of emergency is a government declaration made in response to a severe crisis, such as civil unrest, natural disasters, communal crises etc.
When a state of emergency is declared, the security forces or military take over the affairs of the affected parts to guarantee the safety of lives and property of citizens.
During a state of emergency, some parts of the constitution may be suspended to restore peace and order.
For instance, movements may be restricted, the right to express opinion and assemble could be regulated or abridged etc.
2. Wars and Conflicts: During war situations, the human rights of the citizens may be curtailed or abridged.
Internal conflicts which threaten peace, law, and order may also lead to the abridgement of the rights of citizens.
The essence of the control by the state is to ensure that these freedoms are not used in ways that can destabilize the system and give the enemies of the state an advantage.
3. Court Order/Judgment: The ruling of a law court could limit the fundamental rights of citizens, especially in the judgment of a criminal offence.
Such examples are when a citizen is remanded in detention for an offence currently under investigation where he/she is sentenced to death, or found guilty of murder.
4. Military Dictatorship: Military rule is an extra-constitutional government. This implies that it operates without adherence to the constitution.
During the military regimes, they dissolve the democratic institutions of the state and also suspend the constitution.
5. Poverty and Illiteracy: Poverty and illiteracy limit one’s capacity to appreciate his rights and challenge those who violate or infringe upon them.
6. Mental Challenge(s): Insanity limits one’s rights and renders one incapable of being taken seriously on issues.
This is why a madman cannot be convicted for a crime, or his evidence being taken into account.
A person who is mentally ill cannot vote in an election to select leaders.
CONDITIONS NECESSARY FOR THE PROTECTION OF HUMAN RIGHTS
1. Respect for the Constitution:
What this means is that the constitution is the Supreme law of a country, and its laws override all others, making it binding on all persons.
Hence a country that has respect for its constitution will protect human rights.
2. Respect for the principle of the Rule of Law:
The principles of the rule of law include; the principles of impartiality, equality before the law, and the rights of the citizens.
These principles are necessary safeguards for the protection of human rights.
3. Good Governance:
A country that has good leaders where the lives and properties of citizens are protected.
Where good living conditions are guaranteed, employment opportunities exist, and there is press freedom, protection of human rights will thrive in such a society.
PREVAILING CONDITIONS IN A STATE DURING EMERGENCY PERIODS
Certain conditions make the declaration of a state of emergency in a state or parts of it necessary. And they are;
- Issues of widespread civil unrest, violence, wanton killings, and lawlessness.
- Occurrences of upheavals like natural disasters.
- Declaration of War.
During times like this, the government has the responsibility to guarantee social stability, including the security of the lives and property of citizens by invoking a state of emergency.
Certain conditions prevail whenever a state of emergency is declared in a state. They are;
1. Restricted movement of citizens: The movement of citizens is highly regulated as a measure to check the security situation by the state security agencies.
Curfew is usually imposed for effective compliance of citizens with the state of emergency.
2. Human liberty is abridged: A state of emergency usually results in infringement, curtailment or outright violation of human liberty.
Freedom of speech is greatly controlled and suppressed in line with the security goals of the moment.
Opposition and press freedom are censored and prohibited.
3. Abridgement of the rule of law: Under emergency, the rule of law and respect for the basic rights of the citizens are limited and greatly curtailed. The government exercises arbitrary powers which cannot be challenged. Due process and accountability are not observed in the conduct of government business.
4. Economic Setbacks: When a state of emergency lasts too long, citizens suffer severe setbacks in their business and economic activities.
A prolonged state of emergency in a state or parts of it scares economic investment and hampers economic growth and national development.
Some citizens may lose employment or source of livelihood, following the collapse of economic activities.
5. Loss of lives: Security agencies determine what constitutes security risks and are empowered to deal with such situations without regard for due process.
To avoid this, citizens are therefore advised to comply and respect all conditions imposed by a government during a state of emergency.
Looking for more on the rule of law? Check out this post.