Joshua's Notes Flashcards
What are the two main categories of rights discussed, and how do they differ?
The two main categories are Civil and Political Rights and Socio-Economic Rights. Civil and political rights relate to personal freedoms and participation in government, while socio-economic rights relate to basic needs and welfare.
What is the Universal Declaration of Human Rights (UDHR), and when was it adopted?
The UDHR is a foundational document for human rights at the international level, adopted by the UN in 1948. It outlines basic human rights principles and serves as a basis for other conventions.
Name the two international covenants that followed the UDHR, and what rights do they address?
The two covenants are the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).
How do modern and traditional constitutions differ in their treatment of human rights?
Modern constitutions fuse civil and political rights with economic, social, and cultural rights. Traditional constitutions separate these categories. The South African Constitution is an example of a modern one, while the Nigerian Constitution is considered traditional.
What are the Fundamental Rights Enforcement Procedure (FREP) Rules in Nigeria?
The FREP Rules provide a platform for redressing human rights infringements at the national level in Nigeria.
Identify key philosophers and their contributions to the philosophical foundations of human rights.
• Grotius: Considered the father of modern natural law, emphasized individual freedom.
• John Locke: Argued for inalienable rights to life, liberty, and property.
• John Rawls: Focused on human rights’ role in international relations and national autonomy.
• Charles Beitz: Defined human rights as safeguarding individual interests of international concern.
• Joseph Raz: Believed human rights set limits to a society’s internal autonomy.
Explain the naturalistic conception of human rights.
The naturalistic conception asserts that human rights are possessed by all individuals simply by virtue of their humanity. These rights are considered universal and timeless.
Detail the political conception of human rights.
The political conception emphasizes human rights’ role in international relations and the autonomy of national politics. It suggests that external bodies may intervene if a country fails to protect human rights.
How can the naturalistic and political conceptions of human rights be reconciled?
The two are not incompatible and complement each other. The naturalistic focuses on humanity, while the political emphasizes international politics in guaranteeing national autonomy.
What is the significance of ‘agency’ in the context of human rights?
Agency refers to the capacity of human beings to choose a plan of life and pursue it without interference, which is protected by human rights.
How did Karel Vasak classify human rights?
Karel Vasak classified human rights into three generations: first-generation (civil and political), second-generation (economic, social, and cultural), and third-generation (solidarity or group rights).
Why are socio-economic rights sometimes criticized?
They are often criticized for being aspirational goals rather than genuine rights, due to governments’ difficulties in implementing them.
What does ‘progressive realization’ mean in relation to socio-economic rights?
It acknowledges that socio-economic rights may not be immediately achievable, allowing nations to work toward them gradually based on available resources.
What is the ‘problematically western’ criticism of human rights?
It suggests that human rights are not universally applicable, reflecting Western philosophical learnings rather than addressing diverse cultural contexts.
Explain the relationship between natural rights and human rights.
Many philosophers view human rights as the same as natural rights, which are inherent to all humans by virtue of their humanity. However, whether contemporary rights are the same as natural rights is still controversial. The term “human rights” became common in the 1970s.
What are the limitations to personal liberty as described in the sources?
Limitations to personal liberty can occur during execution of court sentences, failure to comply with court orders, and when bringing a person before court on reasonable suspicion of a crime.
What are the obligations of the state in regards to personal liberty?
The State must take measures against deprivation of personal liberty, protect citizens from abductors, and ensure that even lawful authorities do not unjustly deprive citizens of their liberty.
What are valid grounds for arrest?
Valid grounds include genuine suspicion of a crime, and the police cannot detain a person indefinitely on a previous charge. The arrested person must be brought promptly before a court.
Summarize the main points of the article “The Right to Liberty of The Person, and the Response to Covid-19 in Nigeria.”
The article examines the tension between public health measures during COVID-19 and the fundamental right to personal liberty in Nigeria. It highlights violations of human rights, the need for legal safeguards, and a human rights-based approach in public health emergencies.
What legal frameworks are discussed in the article on the right to liberty during the COVID-19 pandemic in Nigeria?
The legal frameworks include the Quarantine Act, the COVID-19 Health Protection Regulations 2021, and the proposed Public Health Emergency Bill 2020.
According to the article, what human rights violations occurred during the enforcement of COVID-19 regulations in Nigeria?
Violations include police brutality, extrajudicial killings, and arbitrary detentions during lockdowns, as documented by the National Human Rights Commission (NHRC).
What is the importance of proportionality, necessity and legality in restricting liberty during public health emergencies?
These principles are essential for ensuring that restrictions on liberty are justified, not excessive, and aligned with legal standards. Restrictions must meet criteria of legality, necessity, and proportionality.
Name some of the court cases referenced in the article that pertain to the right to liberty.
• Enhorn v. Sweden and Austin v. United Kingdom emphasize the need for clear legal frameworks and proportional responses to public health emergencies.
• Cheranci v. Cheranci underscores the need to align restrictions with constitutional mandates.
• Adewole v. Jakande defines personal liberty as encompassing broader rights critical for individual happiness and democracy.
• NCC Nig. Ltd. v. David George & Anor and Egenokwu v. AG Federation are cases relating to personal liberty in Nigeria.
• Meyer v. Nebraska demonstrates that liberty extends beyond physical freedom to include personal autonomy in life decisions.
• Ingraham v. Wright reinforces the right to judicial relief from unjustified intrusions on personal security.
• Ken Nwafor v. EFCC confirms that liberty is not absolute and can be curtailed if prescribed by law.
• Observer and Guardian v. UK clarifies that necessity implies a pressing social need, not mere expediency.
What are some specific recommendations in the article to ensure protection of human rights during public health emergencies?
The recommendations include a human rights-based approach, introducing time limits and review mechanisms for restrictions, clear guidelines for security agencies, continuous assessment of policies, and modern, comprehensive legislation.
What are the four questions around the philosophical foundations of human rights?
• What are human rights? Are they a subset of moral rights? Or are they legal rights?
• What is the justification of human rights? On what grounds do we need to guarantee human rights?
• Which of the proposed human rights are real rights? Should we discuss some classes of human rights claim as morally, legally or conceptually questionable?
• Are they human rights at all? Or should we just embrace the skeptical conclusion that there are no genuine human rights?
What are some examples of regional human rights instruments?
• The African Charter
• The European Convention (1950)
• The American Convention also known as the Pact of San Jose (1969)
Observer and Guardian v UK
The case Observer and Guardian v. the United Kingdom (1991) involved the newspapers The Observer and The Guardian challenging orders that prevented them from publishing extracts of the book “Spycatcher” by Peter Wright. The book contained sensitive information about the British security services, and the UK government sought to prevent its publication to protect national security.
The European Court of Human Rights (ECHR) ruled that the orders preventing publication constituted a violation of Article 10 of the European Convention on Human Rights, which protects the right to freedom of expression. The Court emphasized that prior restraints on publication are particularly dangerous and require the most careful scrutiny, especially when it comes to the press.
In simple terms, the Court decided that the newspapers had the right to publish the information, as preventing them from doing so would violate their freedom of expression.
Cheranci v Cheranci
The case Dahiru Cheranci v. Alkali Cheranci was heard by the Northern Region of Nigeria High Court in 1959. The case involved a dispute over fundamental human rights, specifically the right to freedom of expression and assembly. The court had to consider whether certain sections of the Children and Young Persons Law, 1958, which prohibited juveniles from participating in political activities, were unconstitutional.
Justice Bate ruled that the impugned sections were protected under the law, as they were deemed necessary in the interests of public order and morality. The court adopted the principle that a law is presumed to be constitutional unless proven otherwise, and the burden of proof was on the person challenging the law
