RELATED QUESTIONS:
·
“...human and people’s rights have been
the defining characteristic of man since creation; hence it is seen as inherent
and inviolable”. Write extensively on the full consequences of this statement.
·
“...human rights are seen as standing
above the ordinary laws of the land, antecedent to the political society; a
pre-condition to a civilized existence”. Discuss this assertion with
contemporary society in focus.
·
Examine in detail the roles and essence
of natural right (human right) in human and community development.
INTRODUCTION
It
has been said and it remains a fact that the difference between a developed and
an undeveloped (or developing) nation is their respect for human rights. This
fact explains the core role which human rights or natural rights play in any
society. Accordingly, this write-up seeks to evaluate the nature as well as the
roles which human rights play in human society.
THE CONCEPT OF HUMAN RIGHT (NATURAL RIGHT)
Human
rights can be defined as those inalienable rights natural rights and privileges
enjoyed by the citizens of a given state which are usually stated in the legal
constitution of the country. They are laws which are not determined by the
laws, customs or beliefs of any particular culture or government, as they are
universal and inalienable. It is the responsibility of the state to ensure that
its citizens enjoy these rights. They are the rights which the United Nations Organisation
(UNO) has called on the member states and governments of the world to
incorporate in their constitutions. The concept of human rights is closely
related to that of natural rights. Some philosophers and scholars recognise no
difference between the two and regard them as the same thing. However, some
have also chosen to separate both as they possess some unique characteristics.
Natural rights which is the root of human rights, is considered beyond the
authority of any government or international body to break or dismiss.
CATEGORIES (TYPES) OF HUMAN RIGHT
There
are different types of human and natural rights which must be respected for the
sake of human and community development, as well as being a pre-condition to a
civilized existence in society. These all consist of the rights and privileges
which the state creates and protects for its subjects. Some of these rights are
hereby highlighted thus;
i.
The
right to life
This is the foremost of all the human rights and
must thus be given priority as such. The state has the moral obligation to
impose maximum penalty of capital punishment on those who attempt to kill
others and also attempt suicide.
ii. The freedom of religion
In most, if not all modern states, the right for
one to freely choose and follow one’s own choice of religion and faith is a
basic human right. This is due to the fact that religion plays a major role in
the existential influence of all men as well as how they live their lives.
iii. The freedom of association
In most states, one can readily find different
voluntary groups and associations which are mainly set out to promote the
interest of their members socially, economically, politically and so on.
iv. The freedom of speech and expression
This entails the right to say or write whatever
one feels, provided it is not blasphemous or destructive. This is based on the
right of the individual speech, publication and expression. In a democratic
setting, for example, individuals are encouraged to criticize the government
constructively; thus contributing to the nation’s affairs.
v. The right to property acquisition
The freedom of owning private property is
fundamental in most countries. It is argued that the right to own private
property is derived from nature, not from man and thus the state has no right
to abolish but only control its use.
HUMAN RIGHTS AND THE RULE OF LAW
In
order to ensure that human rights are respected in the society, there has to be
some legal structures in place that can assist in enforcing these rights. One
very important tool in this regard is the rule of law. The rule of law is
simply a principle which enforces the supremacy of law over everybody in a
political system. Rule of law is seen as a provision made by the constitution
with emphasis on the supremacy of law, equality before the law and the respect
for the principle of individual rights. Thus, it is the law that guides every
individual and activity in a state by protecting human rights. The rule of law
is based on some intrinsic principles which are relevant to the promotion and
protection of human rights. These are;
i.
Principle
of equality
This principle states that laws should apply
equally to all citizens of a country, irrespective of economic, social or
political status.
ii. Principle of impartiality
This principle holds that, should an offender be
found guilty, he or she must be dealt with accordingly; if not found guilty, he
or she must be freed.
iii. Principle of individual rights
This principle holds that, every human being is
entitled to an exercise of fundamental rights and freedom, and when these
rights are violated, citizens should have the right to seek redress from the
courts.
IMPORTANCE OF HUMAN RIGHTS AND SOCIETY DEVELOPMENT
The
basic need for the alignment of human rights with the rule of law in any state
is to ensure the systematic and smooth development of the socio-economic and
political well being of the citizens. This is the reason why human rights are
seen as standing above the ordinary laws of the land, antecedent to the
political society and a pre-condition to a civilized existence. In other words,
human rights must not be disregarded as they are the defining characteristic of
man. Some of the ways in which the rule of law helps in the development of the
state in line with human rights are highlighted thus;
·
It helps to check the dictatorial and
authoritarian tendencies of rulers. It thus ensures that the actions of the
rulers do conform to the laws of the state.
· It protects the citizens from arbitrary rule. Thus, it ensures that the citizens have legal access to courts in order to seek redress whenever their rights are being trampled upon.
· It promotes the functionality of the press by enforcing its freedom in making public the happenings in a society.
· It protects the citizens from arbitrary rule. Thus, it ensures that the citizens have legal access to courts in order to seek redress whenever their rights are being trampled upon.
· It promotes the functionality of the press by enforcing its freedom in making public the happenings in a society.
·
It establishes the right of the
individual to sue the government or the law enforcement agency for any case of
unlawful arrest and detention.
· It places some limitation on what political leaders can do and cannot do. Also, the citizens are made to adhere strictly to the laws of the land.
· It creates a safe and peaceful environment in which citizens can live a peaceful life with the protection of property and a sense of belonging.
· It places some limitation on what political leaders can do and cannot do. Also, the citizens are made to adhere strictly to the laws of the land.
· It creates a safe and peaceful environment in which citizens can live a peaceful life with the protection of property and a sense of belonging.
(YOUR
CONCLUSION)
