(a) Define human rights.
(b) Suggest four conditions under which human rights can be violated in Nigeria.
(c) Explain three reasons for which it is necessary to entrench citizens’ rights in the Nigerian constitution.
Explanation
(a) Human rights are commonly understood as being those rights which are inherent in the mere fact of being human. Human rights are universal and inalienable; indivisible; interdependent and interrelated.
They are universal because everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural or ethnic background. Inalienable because people's rights can never be taken away.
Indivisible and interdependent because all rights – political, civil, social, cultural and economic, are equal in importance and none can be fully enjoyed without the others. They apply to all equally, and all have the right to participate in decisions that affect their lives. They are upheld by the rule of law and strengthened through legitimate claims for duty-bearers to be accountable to international standards.
(b). - The police in enforcing law and order can ban public assembly and demonstrations which will deny a citizen his right to freedom of association and assembly.
- Rights to the freedom of expression and press are restricted by the law preventing individuals from saying or publishing statement that could damage the personality of others (laws of slander and libel).
- A citizen may be denied his rights to free movement if he is detained on medical ground in order not to spread contagious disease if such citizen is suffering from a contagious disease.
- Right to private property may be restricted by the right of the state to compulsorily acquire private property for public use.
(c) - Stability/Organization: Citizens' rights are entrenched in the constitution in order to have a well-arranged documentation of the rights of citizens in a country and since the constitution is the body of regulation that guides the affairs of a country, it is the most appropriate to house human rights.
- Understanding specifics of human rights: Human rights are entrenched in the constitution so that everyone can access them and understand the conditions surrounding these rights as well as their limitations.
- Rule of Law: The rule of law is a liberty centred constitutional concept which stipulates that everything must be done in accordance with the law. It encapsulates such ideals as government according to the law, equality before the law and the independence, and autonomy of the judiciary among others. This helps to make human rights applicable and efficient.