HUMAN RIGHTS
What is skills?
What is human rights?
Right: is any thing in which an individual person deserve to get.
Human rights: Are the basic and fundamental rights where all people are entitled or deserve to get. Are basic needs and freedom that every person has from birth to death. It include right to life, right of ownership of property, education, marriage and freedom of expression.
UNIVERSAL DECLARATION OF HUMANBRIGHT
On December 1948 the United Nation (UN) introduced the universal declaration of human rights (UDHR) where all countries in the world had to adopt and implement it. Tanzania adopted universal declaration of human right by introduction bill of human right in 1984.
TYPES OF HUMAN RIGHTS
There are two types of human rights acvording to universal declaration of human right of Tanzania of 1984 which are:-
i. Legal rights
ii. Moralrights
1. LEGAL RIGHTS
Legal rights: Are those rights which are recognized in the constitution of the nation and can be enforced in the courts of law.
2. MORAL RIGHTS
Moral rights: Are those rights which are recognized by a society rather than being enforced or proved by courts laws. They are agreed by a of fairness and justices that all people death society to be desirable e.g.Religious matters.
TYPES OF LEGAL RIGHTS
There are three types of human rights there are:-
i. Civic and political rights.
ii. Economic social and culture rights.
iii. Environmental and developmental rights.
CATEGORIES/GENERATION OF HUMAN RIGHTS 1. CIVIC AND POLITICAL RIGHTS
Civic and political rights: Are those rights that every person must enjoy. The rights under this category are called the first generation of human rights.
Aspects of civic and political rights
i. The right to life.
ii. liberty and security of person.
iii. Freedom from slavery.
iv. Freedom from torturecruelly in human degrading treatment or punishment.
v. Equality before the law.
vi. To be tried before competent or skilled lawyer.
vii. To be considered innocent until proved guilt.
viii. To be given a fair and public hearing.
ix. Not to be arrested determined or exited unfairly.
x. Freedom of movement in his or her country.
xi. To live any country including his own and to return to it when she/he likes to.
xii. To be protected by the family society and the state.
xiii. To posses property alone.
xiv. Freedom of thought conscious and religion.
xv. Freedom to have ones opinions and express oneself.
xvi. Freedom to assemble peacefully to associate with other freely.
2. ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Economic, social and cultural rights: are those rights that every person must enjoy. The rights under this category are called the second generation of human rights.
Aspects of economic, social and cultural rights
i. Right to social security and free development of his or her personality.
ii. The rights to work and choose employment.
iii. The right to equal pay for equal work.
iv. The rights to just and favorable remuneration.
v. The right to form and join trade union.
vi. The right to rest and leisure including reasonable limitation of working hours and period holidays with pay.
vii. The right to standard of living sufficient for the health and wellbeing such food, clothing, housing, medical care and others.
viii. The right to education whether born in or out of wedlock to enjoy the some social protection.
ix. For parents to choose the kind of education shall give to their children.
3. ENVIRONMENTAL AND DEVELOPMENTAL RIGHTS
Environmental and developmental rights: are the rights that people have to live in an that is clean and safe environment. Normally People also have aright to in the environment which is free from pollution. The rights under this category are called the third generation of human rights.
Aspects of environmental and developmenta rights
i. Right to own wealth and natural resources.
ii. Freedom to own land.
iii. Right to self determination.
iv. Right to live in a clean and safe environment.
v. Right to live in peacefully area.
vi. Right to free competition in development.
RIGHT TO EQUALITY
Right to equality: is the right where all people enjoy equal treatment in all aspects of life. However right to equality include:-
i. Equality of all human beings: This was defined from the constitution of united
republic of Tanzania. It state that "All people are born free and are equal" therefore every person has the right to be recognized and respect as the human beings.
ii. Equality before the law: Usually the constitution of united republic of Tanzania treat all people equally and fairly before the law.
RIGHT TO LIFE
Right to life: The constitution of united republic of Tanzania promote the right of life to all people in the co based on various aspects of life. However right to life include:-
i. Right to live: the constitution of united republic of Tanzania state that "Every person has the right to live and to be respected in the society according to law"
ii. Right to personal freedom: according to the constitution every person has the freedom to live as the free person without be restricted by anyone.
iii. Right to privacy and personal security: According to constitution of united republic of Tanzania every person has the right to be respected, protected and communicate without any restrictions from the public.
iv. Right to freedom of movement: according to the constitution of united republic of Tanzania every person has the freedom of movement to any part in the country without be restricted by anyone.
RIGHT TO EXPRESSION
These include the following types of rights.
i. Freedom of expression: these are rights which gives every persons freedom to express their feelings and opinions without be interfered by anyone.
ii. Freedom of religion: every person has the freedom to believe on whatever kind of religion without interference.
iii. Freedom of association: every person is free to assemble, associate and cooperate with other people in the country without restrictions.
iv. Freedom to participate in public affairs: every person has the right to elect or being elected as the leader in to public office.
RIGHT TO WORK
Right to work: is the right whereby every person has the right to work in the country without interference.
i. Freedom of working: every person has the right to work opportunities and holding any office.
ii. Right to own property: every person has the right to own properties of production like land without restrictions.
iii. Right to equal pay/fair remuneration: every person has the right to equal pay/salaries according to his/her work.
NB: Every person who enjoy these rights he/she must obey the law of the country and protect the rights of other people.
IMPORTANCE OF HUMANRIGHTS IN OUR SOCIETY
Human right is the very important in our society because:-
1. They provide foundations of freedom, justice peace and liberty.
2. They limit government powers and action against the people.
3. They help people to be aware to take actions against traders who violete their rights.
4. They promote development in their society since it provides equal right to the people example right to education.
5. They promote full democracy in the country.
6. They promote peace and security in the societies.
7. They encourage competition in national development.
RELATIONSHIP BETWEEN HUMAN RIGHTS AND THE PROVISION OF BASIC NEEDS
Social services: Are basic services which are essential for supporting human health and development. Among these services in Tanzania are provided by the government and non government organizations. Social sevices include water, health services, education and other services.
Basic needs: Are things which are essentials for the survival of human beings. Normally the basic human needs are:-
i. Food
ii. Shelter
iii. Clothes.
Both human rights and social services are provided by the govenment and international agencies. Thre is relationship between the human rights and provision of social services in Tanzania.
INDICATORS PROMOTION OF HUMAN RIGHTS IN TANZANIA
1. Presence of national constitution: The constitution is based on the universal declaration of human rights.
2. Presence of freedom of life: The right to live is guarantees individuals person to life no one should take someone life.
3. Presence of right to freedom from slavery: the constitutionTanzania does not allow any form of slavery.
4. Existence of freedom of security: against human rights violation.
5. Presence of freedom of citizenship: The right to be recognized everywhere as a person in front of the law.
6. Presence of freedom expression: in Tanzania all people have freedom to provide and hear speech without any restrictions according to the law.
7. Existence of court of law: This has established to deal with any kind of human right violation.
8. Presence of Bill of right: This was introduced in1984 to protect and promote human rights in the country.
THE ROLE OF THE GOVERNMENT IN PROMOTING HUMAN RIGHTS
Human rights relate to many aspects of human life. Among these aspects is the promotion of social services in Tanzania there services are provided by Government and UN. Tanzania is a member of UNO which promotes both human rights and fundamental freedom through the following ways:-
1. Introduction of human rights in education: The government has included human right related issues in the constituion of united republic of Tanzania. Example the introduction of bill of human rights in1984 to protect and promote human rights in the country.
2. Ratification of international agreement on human rights and instruments: These promote the standard and limits of human rights. Example the universal declation of human rights (UDHR) of 1948, the Convetion for the Elimination of Discrimination against Women (CEDAW) of 1979 and the African Charter on Human and People's Rights (ACHPR).
3. Establishment of commission of human rights and good governance (CHRGG) in 2001: Normally the commission has raises awereness to people
about human rights and investigate violations of human rights. This organ receives complaints from the citizens about human rights abuse and other issues related to good governnance.
4. Presence multiparty democracy: The constitution of united republic of Tanzania allows the practice of multiparty politics where by people are free to join the political parties what they wishes. Therefore multiparty democracy promote civil and political rights.
5. Presence of rule of law: The government of Tanzania ensures that all people in the country equal before the law and no body is above the laws.
6. Introduction of human rights education: Human right education has started to be promoted to all education levels in the country for the aim of promoting and protecting human rights.
WAYS OF PROMOTING AND PROTECTING HUMAN RIGHTS IN TANZANIA
Human rights protecting: refers to the way which ensures that human rights remain safe from be abused.
1. By using national constitution: the constitution of united republic of Tanzania has included the Bill of rights so as to guarantee all important rights in the country.
2. Through the use of Bill of right: This was introduced in1984 to protect and promote human rights in the country.
3. Through the use of commission of human rights and good governance: this commission has given power by the government to promote and protect human rights in the country.
4. Through introduction of court of law: the Tanzanian government has introduces the court of law which has the final decision making toward the legal matters in the country.
5. Introduction of human rights education: Human right education has started to be promoted to all education levels in the country for the aim of promoting and protecting human rights.
6. Involvement of non-govenment organizations (NGOs): on promoting and protecting human rights in the country.
THE ROLE OF NON-GOVERNMENT ORGANIZATION AND MEDIA IN PROTING HUMAN RIGHTS
non-govenment organizations (NGOs): Refers to the organizations that are not owned by the govenment. Normally non-government organizations promote human rights through their activities. Therefore some of those non government organization are:-
1. Tanzania Gender network program (TGNP): This is the association which aim at promoting gender related education towards the promotion of gender equality in the country.
2. Tanzania women lawyers Association (TAWLA): This association is established to legal assistance to women and the whole society at large.
3. Tanzania Media Women association (TAMWA): This association fight against violence in the society. It assist women by providing education and other ways of eradicating gender based violance like female genital mutilation, teenage pregnancies, child abuse, the inheritance of widow, rape, child marriages and assaut.
4. Religious institutions: They promote and protect human rights through preaching peace and love and equality towards the society.
5. The medical women association of Tanzania (MEWATA): This organization formed to deal with women health problems so as to get various social services for improving their health conditions.
6. Mass media: Also mass media like Radio and Television educate people on how to promote and protect human rights.
7. Legal and Human Right Centre (LHRC): This organization deal with investigating and publishing report about human right practice in Tanzania. This organization is resppnsible for empoering public, promoting, strenthning and maintaining human rights and good government in Tanzania.
IMPORTANCE OF HUMAN RIGHTS PROMOTION AND PROTECTION
1. It help to regulate the actions and power soft the government.
2. It help to promote Justice, peace and freedom in the country.
3. It help to enhence democracy.
4. It encourage competition on development.
5. It encourage citizen participation on development.
6. It encourage social equality in the society.
THE CONCEPT OF INDIVIDUAL RIGHTS
Individual rights: Are the basic rights or entitlements that a person has as a human being. However sometimes they are called natural rights because every one is bornbwith them. They also called unchallengeable rights because they are God givenbrights and cannot taken away by either government or by other people in the society. Example: right to life, right to liberity, right to live in a happy life and rght to freedom of movement.
LIMITATION OF INDIVIDUAL RIGHTS
Limitation of human rights: is the lawful protection of individual rights. Normally is the situation whereby a person has no completely or absolute freedom in the country because every right has a certain boundaries or limit. Limitation of an individual rights means is the boundary between a person and other people or another person.
Democratic countries this limitations should be reasonable, non discriminatory and justifiable. However limitation of individual rights in inevitable because of promoting public interests.
PURPOSE OF LIMING INDIVIDUAL RIGHTS
1. To protect the rights of others: Some rights should be limeted because of avoiding destroying the rights of others. Example the freedom of expression, a person can be limited to express his/her feelings if will bring negative concequences to the citizens.
2. To protect public health: Some individual rights can be restricted in order to protect the health of others. Example: The freedom of movemwnt can be restricted to someone suffering with dangerous infection disease in order to protect the others against the risk.
3. To promotes national security: Normally some human rights like freedom of movement can be restricted if soneone can interfere national security. And also freedom of expression can be limited if someone can breach government secrets.
4. To protect/promote public moral: Some individual rights like freedom of expression may be limited in order to promote public morals. Example: freedom of expression must be restricted against the immoral films, songs, books and other means of bad expression.
5. To maintain social peace and harmony: Normally in order to promote social peace and harmony some individual rights like religious freedom should be restricted inborder to avoid the outbreak of conflicts which resulted in to destruction of peace.
6. To fulfill specific purpose: Some individual rights may be limited in order to fulfill the specific government propose. Example the right to individual liberty may be limited if one convicted of a crimes in a accordance with fair trial and the rule of law.
INDIVIDUAL RIGHTS THAT ARE CAN BE LIMITED/RESTRICTED
1. Freedom of expression: These rights can be breached only when a person can use abusive language or any kind of language which can led to conflict in the society like pupetism.
2. Freedom of association: this right acan be breached to the people with bad intentions. Examples criminals do not be allowed to associate since their actions likely to harm the majority.
3. Freedom of assembly: this right can be limited if the assembly is likely to harm other people.
4. Right to person freedom: this right can be limited if a citizen will not respect other peoples rights and obeying the law of the country.
CONDITIONS WHICH MAY HINDER THE IMPLEMENTATION OF INDIVIDUAL RIGHTS
1. Wars or insecurity.
2. Lack of integrity and declibe of professional ethics on the part of judicial personnel.
3. Bias and unfair treatment from decision making machinery.
4. Lack of awareness about human rights.
5. Corruption practices.
6. Ignorance of the legal procedures and appropriate steps.
7. Inadequate political rights: This occurs when citizens are denied their rights to particiapte in voting in public affairs.
THE CONCEPT OF HUMAN RIGHTS ABUSE/VIOLATION
Human rights abuse: Is the unlawful prevention of a person enjoyment of his or her right as outlined in the constitution. This include any act which can go against human rights like female circumcision.
INDICATORS/ASPECTS OF HUMAN RIGHT ABUSE IN TANZANIA
i. Female general mutilation F.G.M (women circumcision)
ii. Rapping of women and children
iii. Killing of innocent people like old people, twins, albinoes, people with red eyes due to bad tradition.
iv. Women beating from their husbands.
v. Child labour.
vi. Forced marriages.
vii. Prohibiting women from property inheritances viii.Corruption
ix. Invasion of weak countries by bigger country Idd Amin Dada vsTanzania
CAUSES OF HUMAN RIGHTS ABUSE
1. Ignorance of the society: some people can violate human rights because of lack of understanding.
2. Poverty: Normally due to poverty cause some poor people to be forced to buy their rights, example medical care in hospitals and job opportunities.
3. Bad traditional practices: These include female genital mutilation, killing of innocent people, such old people with red eyes, twins, albinoes and others.
4. Corruption: some people use their power in negative way to violate other people's rights.
5. Political instability: Normal political misunderstanding like civil war can led to human rights abuse in the country.
6. Bad governance: most bad governances like dictatorship leaders cannot observe and protect the human rights in the country hence it based on massive killings.
7. Selfishness of some individuals: who tend to consider only their interests first before the majority.
8. Negligence of the action: some people tend to neglect the actions of others because of their life status.
Parents can be abuse the right of their children through:-
i. Denying them education.
ii. Not providing basic needs such as food and clothing for their children.
iii. Forcing their children to marry against their wishes, especially at a tender age.
iv. Giving their children severe punishment.
Society can be abuse individual rights through:-
i. Beating up and killing suspected criminals without giving them a fair trail in a court of law.
ii. Abandoning children in the streets.
iii. Stigmatizing less fortunate member of the society such as the disabled and people living with HIV and AIDS.
Government can abuse human right through:-
i. Making oppressive laws that limits the individual rights.
ii. Discriminating against some citizen due to their colour, gender, religion, or ethnic origin.
iii. Not including a Bill of right in the constitution.
iv. Not maintaining the rules of law.
HUMAN RIGHTS THAT ARE CAN BE ABUSED DURING THE WAR
i. Right to freedom of movement.
ii. Right to life.
iii. Right to freedom of expression.
iv. Right to enjoyment.
v. Freedom of worship.
vi. Right to work.
EFFECTS OF HUMAN RIGHTS ABUSE
1. It can led to increase in conflicts in the community: This leads to unrest and instability in the society.
2. Conflict between citizen and their government: This makes it difficult for the government to enforce law and order.
3. It contribute to political instablity: Citizens are unable to perform their duties and responsibility in peace.
4. It cause the increased in crimes and poverty in the society.
5. Oppression of the less fortunate member in the society. For example, workers, may be underpaid or the poor maybe denied justice in the court.
6. Citizen are unable to obtain their basic needs when the rights to work is denied or abuse.
WAYS TO COMBAT HUMAN RIGHTS ABUSE
1. To maintain of the rule of law: Where the rule of law is not being maintained, e.g.in countries at war, alot of human rights abuses are experienced such as the inability to get basic needs.
2. Provision of education: the government should educate it's citizens about their basic rights so that they can claim them when they are denied.
3. The society has to respect all people, including the sick and the disadvantaged.
4. The court of law should enforce the law in a just manner and punish those who abuse the right of others, such as thieves and murderers.
5. These should be a system of controlling the activities of the government.
6. The government has to be transparent on its operations.
7. All people should be treated fairly and equally before the law.
GUIDING QUESTIONS
1. Name any four individual rights that can be limited for public interests.
2. Why in most democratic countries ndividual freedom is not absolutely? Six points.
3. Describe in five points objectives of limiting individual rights.
4. In six points show how the government of Tanzania play an important role in promoting and protecting human rights.
5. By giving six points prove the statement that human right in Tanzania are promoted and protected.
6. Describe five non governmental organization established in the country for promoting and protecting human rights.
7. Despite of high records on promoting and protecting human rights in Tanzania but still presence of manifestation of human right abuse.
8. Elaborate six root causes of human right violation.
9. Identify and explain in briefly five human rights that can be violated during the war.
