INTRODUCTION TO HUMAN RIGHTS

 Human rights are entitlements that one has because he or she is a human being.
Entitlements are claims or freedoms
 Human rights are universal legal guarantees and freedoms that every human being has
and must enjoy simply by being a human
 They protect individuals or groups of people from actions that might interfere with or
stop one from enjoying them. They are claimed from the society in which people live.
HISTORICAL DEVELOPMENT OF HUMAN RIGHTS
 The concept of Human Rights is not new in Zambia for rules and laws which are
elements of Human Rights have always existed and followed. Various parts of the
world recognised human rights in the following ways:
 Religion: the "Golden rule" "Do unto others as you would have them do unto you"
Summarises rights and responsibilities found in Christian Bible. The Hindu Vedas,
Islam Quran, Babylonian Code of Hammurabi and the Analects of Confucius of
ancients China have similar sayings summarizing the rights.
 Other documents mentioning individual human rights are: the Magna Carta of
1215, the charter of Mande Of 1222, the English Bill of Rights of 1689, the French
Declaration on the Rights of Man and Citizen of 1789 and the US constitution and
Bill of Rights of 1791 Therefore,
1. The Magna Carta of 1215 was the earliest document in the world where human rights
were recognized. Magna Carta (Latin, "Great Charter"), document sealed by king John
of England of June 15, 1215, in which he made a series of promises to his subjects that
he would govern England and deal with his vassals according to the customs of feudal
law (land laws). Over the course of centuries, these promises have required
governments in England (and in countries influenced by English tradition) to follow the
law in dealings with their citizens.
2. The Charter of Mande of 1222, was the earliest in Africa where human rights were by
Soundiata Keita (king of Mali) who was also known as Mande. Thus, he named
document the Charter of Mande or the of Mande at his coronation. This document was
written by elders, nobleman and associations of the country who were commissioned by
the king to draw up the principles upon which the Mali Empire should be ruled. Thus,
the preamble of this document stress on equality of Human beings as follows: "every
human life is life. ...there is no life more ancient or more respectable than another life,
 as no life is worthier than another life. For this reason: Every life being a life, every
damage inflicted on a life needs repair, therefore, nobody may, without reason, oppose
his neighbour, nobody may do his neighbour a wrong, nobody may torment another
human being." The charter also lists paragraphs addressing two evils: hunger and
slavery as follows: "hunger is not a good thing, slavery is not a good thing either; there
is no worse calamity than these two things, in this world. As long as we have quiver and
arrow, Famine and will not kill anybody in Mande...(and) no village will ever be
destroyed by wars fought with the aim to capture slaves...As from to-day, the very
substance of slavery is eradicated within all the borders of Mande." In short, the charter
condemned slavery and promised to eradicate all forms of hunger.
However, both the Magna Carta and Charter of Mande were not universal for they
excluded women, children, slaves and persons of certain social, religious, economic and
political groups.
3. United Nations Charter of 1945: Human rights as we know them today came about
after the Second World War when thousands of Jews were killed (holocaust) because
of Racism by Nazi Germans. This horrified the whole world; thus, Governments
decided to come together and establish the United Nations in 1945 to promote
international peace and law as well as prevent conflict. They wanted to avoid anyone
being unjustly denied life, freedom, food, shelter and nationally. Therefore, to prevent
individuals being abused by their governments, human rights standards were drawn
which hold nations accountable for the treatment of its citizens. Thus, the charter was
drawn up in 1945.
4. The United Nations Universal Declaration of Human Rights -1948: after the United
Nationals member states promised to respect human rights, a commission on Human
Rights was formed to promote the promise. The commission was given duty to draft a
document putting in writing the meaning of fundamental rights and freedom that had
been declared in the Charter. The chair of the commission was Eleanor Roosevelt, the
wife of president Franklin Delano Roosevelt, the then United States of American
president. The commission came up with the Universal Declaration of Human Rights
(UDHR) which was adopted on 10th December, 1948 by United Nations member. The
UDHR is a set of principles by which United Nations members commit themselves to
provide all people of the world with human dignity. They set the minimum rights
empower people to take action when and wherever the standards set are not met even if
the laws of their country or leaders in power do not recognize them. The preamble of
 UDHR states that, Recognition of the inherent dignity of the equal and inalienable
rights of all members of the human family is foundation of freedom, justice and peace
in the world. Thus, the UDHR is a guarantee of freedom and justice for all the people
throughout the world for it is a standard for measuring the achievements of Human
Rights to all people and all countries.

However, the UDHR is not legally binding because it is a declaration which is a

pronouncement which may be affected or not. Generally, a declaration is not legally binding;
however, the UDHR has been accepted as if it were Customary International Law. This law
consists of rules of law resulting from the conduct of states in the belief that the law requires
them to act that way.

CHARACTERISTICS OF HUMAN RIGHT

 THEY ARE INALIENABLE

This means that human rights cannot be taken away or separated or given away from a human
being. (Inseparable from the human beings).

 THEY ARE INDIVISIBLE

This means that human rights cannot be divided because all rights are equally important.

 THEY ARE INHERENT

This means that human rights exist independently of the will of an individual or a group of
persons.
 THEY ARE UNIVERSAL
This means that human rights are the same and apply to all people of the world regardless of
race, sex, colour, ethnicity, religion, political, geographical, beliefs, nationality or social
status.

CATEGORIES OF HUMAN RIGHTS

International human rights have been categorized into:

Civil and Political rights, Economic, Social and Cultural rights, and Collective rights.

-At global level, human rights are classified into three categories according to their evolution
or development process, and the different categories are referred to as ‘generations’.

-These generations are not in order of importance but in the order in which they were
recognized historically in the development of human rights.
CIVIL AND POLITICAL RIGHTS

They are called First Generation Rights. These are first generation rights because they were
the first Rights to be recognized as rights of the individual. They are found in part iii the
Zambian Constitution which includes:

 Right to life
 Right to personal liberty
 Protection of freedom of expression
 Freedom from torture and inhuman treatment
 Freedom of opinion
 Protection from slavery or forced labour
 Protection of freedom of conscience
 Protection of freedom of assembly and association
 Protection of the freedom of movement
 Protection from discrimination on grounds of race, age, sex, ethnicity, religion etc.

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Economic and Cultural rights are called “Second Generation Rights” This category consists
of rights that are economic, social and Cultural in Nature. Their realization brings about
Social justice, dignity and equity. They include:

 Right to food
 Right to employment
 Right to social Security
 Right to education
 Right to health (Medical Care)
 Right to clean environment
 Right to development
 Right to adequate housing

COLLECTIVE RIGHTS

- These are also known as ´Third Generation Rights’ and are the most recently
identified rights.
- The term collective rights refer to the rights of Peoples’ to be protected from attacks
on their group identify and group interest.
 - Third generation human rights are those rights that go beyond the mere civil and
social rights, as expressed in many progressive documents of international law. They
include the 1972 Stockholm Declaration of the United Nations Conference on Human
Environment, the 1992 Rio Declaration on Environment and Development and other
pieces of generally desirable soft law.
- Soft laws – are those laws that can not be enacted into legally binding documents.
- The difficulty in enacting them into legally binding documents is because of the
principle of sovereignty which respects decisions of nations.

These rights are best described as solidarity rights because they require international
cooperation and aim at community- building;

 Right to self determination

 Right to economic and social Development
 Right to a healthy environment
 Right to Natural resources
 Right to peace
 Right to communicate
 Right to Participation in cultural Heritage
 Right to intergenerational equity and sustainability.
SIGNIFICANCE OF HUMAN RIGHTS
Human Rights focus on the dignity of the human being.
Attitudes such the ones below must be developed by everyone in order to promote
human rights:
 Respect for every one’s life, their physical and mental integrity, freedom, property,
privacy including one’s own
 Respect for differences either in sex, ethnicity, language, colour, age, religion, cultural
aspects, opinion, and identity of others and one’s own.
 Taking up one’s responsibility in society: Rights come with responsibilities and
responsibilities start with respecting other people’s rights
 Respecting the fact that people have legally established claims and entitlements.
 Recognizing Accountability and responsibility in relationship between the individual,
institution or state that has a duty to fulfil the right.
 Rights- holders need to be empowered in order for them to claim their rights and take
part in public decision making.
  Participation is an important Human Right. People of both sexes and all ages have the
right to participate in every area of their lives.

The Universal Declaration of Human Rights (UDHR)

There are 30 articles which were agreed upon by representatives of the United Nations M
with different populations and political systems. They include the following:

1. Everyone is free and we should all be treated in the same way.

2. Everyone is equal despite differences in skin colour, sex, religion or language.
3. Everyone has the right of life and to live in freedom and safety.
4. No one has the right to treat you as a slave nor should you make anyone your slave
5. No one has the right to hurt you or to torture you.
6. Everyone has the right to be treated equally.
7. The law is the same for everyone, it should be applied in the same way to all.
8. Everyone has the right to ask for legal help when their rights are not respected.
9. No one has the right to imprison you unjustly or expel you from your own country.
10. Everyone has the right to a fair and public trial.
11. Everyone should be considered innocent until proven guilty.
12. We all have the right to privacy and protection.
13. Everyone has the right to travel as they wish.
14. One has the right to go to another country and ask for protection if they are being
persecuted or are in danger of being persecuted.
15. Everyone has right to be a citizen in one's own country or become a citizen of another
country if one wishes to.
16. Everyone has the right to marriage and have a family.
17. Everyone has the right to own property and possessions.
18. Everyone has the freedom to belong to any religion.
19. Everyone has the freedom of speech and opinion.
20. Everyone has the right to organize meetings and join associations in a peaceful way.
21. Everyone has right to participate in government and in free elections.
22. Everyone has the right to social security and to opportunities to develop their skills.
23. Everyone has the right to a fair pay and join labour Unions.
24. Everyone has the right to leisure and rest.
25. Everyone has the right to food, housing and medical care.
26. Everyone has right to go to school (Education).
27. Everyone has the right to participate in the cultural life of one's own country.
28. We all have the right to a social and international order that protects all these rights to be
available.
29. Everyone has the right to community, duties, respect the rights of others and public
property.
30. No one has the right to take away any of the rights in this declaration.