TECHNICAL AND VOCATIONAL TEACHERS’ COLLEGE IN ASSOCIATION WITH

COPPERBELT UNIVERSITY.

TVTC STUDY MATERIALS

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PROGRAMME: BACHELOR OF ARTS IN CIVIC EDUCATION

SUBJECT: CIVICEDUCATION

MODULE TITLE: HUMAN RIGHTS

MODULE NO. 01

COMPILED BY: MRS B.M. CHILESHE

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Human Rights

Human Rights as those entitlements that one has simply because they are human beings.
Entitlements are claims or freedom. Every human being regardless of one’s colour, religion,
ages, sex, nationality, the geographical location or whether rich or poor has the same claims and
freedoms. Since every human being enjoys these claims and freedoms, human rights are said to
be universal lawful guarantees.

Human rights protect individual human beings or groups of human beings from actions that
might interfere or stop them from enjoying the society in which they live.

We need to understand the word human fully in order to understand the term Human Rights.
Human is defined as people as opposed to plants, animals or machines. A man, woman and a
child are human. Therefore, when we talk about Human Rights we are including men women
and children equally. Rights are the basic things that a human being needs to live, to have
dignity, to fair treatment and to equality. These basic things include:

 Food

 Shelter

 Clothing

 Equality before the law

 Freedom to assemble and speak.

IMPORTANCE OF HUMAN RIGHTS

 The human rights are important because they.

 Human rights delimit state power
 They define relationships between individuals and power structures especially the state.
 They require states to take positive measures ensuring an environment that enables all
people to enjoy their human rights
 Human rights cover all aspects of life
 Their exercise enables women and men to shape and determines their own lives in liberty
equality and respect for human dignity

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CHARACTERISTICS OF HUMAN RIGHTS

It has been noted that human rights are the rights on has simply because one is human. Although
this sounds more like unicorn, human rights are claims that every human being has or should
have, upon the society in which one live. They are universal which means that, they are due to
every human being in every society, irrespective of geographical, historical, subculture,
ideological, political, economical systems or stage of development. They do not depend on
gender, race, class or status. Human rights are therefore claims of right and not merely appeals to
grace, charity, brotherhood or love nor are they aspirations or assertions of good but claims of
entitlement and corresponding obligations.

The major characteristics of human rights are:

 Are universal
 They are inalienable/inherent
 They are indivisible , interrelated and interdependent
 They derive from the dignity and worth of the human person
 They derive from the dignity and worth of the human person
 Their enjoyment is based on the principle of non- discrimination

Human Rights are Inherent

Human rights and fundament freedoms are inherent, they are natural gifts. What this means is
that they exist independently of the will of an individual or a group of persons. Human rights
cannot be bought, given, entrusted or earned. Inherence means, that which is an essential part of
something and therefore, becomes permanently characteristic of it. Therefore, human rights can
only be violated or denied but not taken away. Human Rights are said to be inherent because we
are all born with them. They cannot be transferred from person to another. Human Rights are a
birth right. They exist as a natural and permanent part of human beings. One is born with them
and has them till the time one dies. Whether one realises that they have them or not, they are still
there.

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Human Rights are Inalienable (Inseparable)
Inalienable means those things that cannot be taken away or separated or given away. In the
same way human rights cannot be taken or be given away. People have human rights even when
these are being violated or even if the laws or those in power do not recognise, promote or
protect them or any person deprive another of the right to have and enjoy them. Human Rights
cannot be forfeited or be diminished by one’s failure to exercise them even though one can be un
aware of his or her rights. Human rights are legal (lawful) entitlement for all members of
society.

Human Rights are Universal

Human rights are universal because they apply to all people everywhere in the world and are the
same for all people in the world regardless of race, sex, colour, ethnicity, religion, political,
geographical beliefs, nationality, social status or mental status.

Individual, interdependent and interrelated human rights are indivisible. They are said to be
indivisible because all rights are equal, important and cannot be divided or subtracted from.
There is no hierarchy (high or low rank) in human rights. Every right can be enjoyed in totality.
One cannot deny someone the right to food, cloths, medical care or shelter, then, grant the person
the right to life and assume that the person is enjoying all fundamental human rights. Therefore,
the right to life is depended and related to the food, clothes, medical and care. These rights
cannot be divided. In order for one to live life to the fullest, they need the rights to food, shelter,
clothing and medical care. If one is denied the right to education, it is most likely that the may
never fulfil their full potential and earn a decent living. This means that rights depend on each
other to be fulfilled in order to enjoy them all. The denial of a right to nationality also stops one
from freedom of movement as the person may not have a passport to enable one to travel to
outside countries. This is why rights are said to be indivisible, interdependent and interrelated.

Having come to the end of Section 2, do the following activity.

Historical Background of Human Rights

Human Rights are inherent, universal and in liable. What does this mean? This statement means
that human Rights do not belong to any one particular group of people, race or nationality. The

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fact that human right are being talked about as though they are a recent development in Zambia
does not mean that human rights have just arrived in Zambia.

Throughout the history of mankind, one can see through rules and laws that elements of human
rights were acknowledged. For example, in religion, the golden rule of do unto others as you
would have them do unto you Which summarises rights and responsibilities found in the
Christian Bible has similar sayings in the Hindu Vedas, the Islam Quran, the Babylonian code of
Hammurabi and the Analects of Confucius, an ancient religion of China.

Other documents mentioning individual Human rights are:

 The Magna Carta of 1215

 The English Bill of Rights of 1689

 The French Declaration on the Rights of Man and Citizen of 1789

 The United States (US) Constitution and Bill of Rights of 1791.

In Africa, the Charter of a Mande of 1222 also outlined individual human rights which were
guaranteed by Sundiata Keita the king of the Empire of Mali also called Mande. King Sundiata
Keita proclaimed the Charter of Mande – or the Oath of Mande, at the occasion of his
coronation. However, these documents were not universal in nature because they often excluded
woman, children, slaves, prisons of political groups.

Human Rights as we know them today only came about after the revelation of the terrible, cruel
and violent killings of the Jews, Sinti and Roman (gypsies) people, homosexuals and persons
with disabilities under the hands of the Nazi Germans. Hitler killed about 6,000,000 Jews during
the second world war the time referred to as the Holocaust. This took place during the Second
World War and it horrified the world.

After these revelations, governments decided to give their time and energy to establishing the
United Nations in 1945 with a purpose of promoting international peace and prevent conflict.
They wanted to make sure that never again would anyone be unjustly denied life, freedom, food,
shelter and nationality. Further more they wanted to make sure that there were human rights

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standards against which nations could be held accountable for the treatment of those living
within their borders. The result was the United Nations Charter that was drawn up in 1945.

Members countries of the United Nations promised to promote the respect for human rights for
all and to do this they formed a Commission on Human Rights. They gave it the duty of
drafting a document putting in writing the meaning of fundamental rights and freedoms that had
been declared in the Charter. This commission was chaired by Mrs Eleanor Roosevelt, who was
the wife of president of the United Sates of America. The Commission came up with the
Universal Declaration of Human Rights (UDHR).

Let us discuss the meaning of this Universal Declaration of Human Rights.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights which was adopted on 10 th December, 1948 by
member states of the United Nations meant that the way a government treated its own citizens
was now a matter of international concern and not simply a domestic issue. This meant that the
authorities of that particular government were answerable to the United Nations, a world body to
which that nation was a member. The Universal Declaration of Human Rights is a set of
principles to which United Nations members have committed themselves in an effort to provide
all people of the world with human dignity. Human Rights principles support the belief for a
free, just and peaceful world.

It sets minimum standards on how individuals, institutions and governments everywhere should
treat people. Human rights also give people power to take action when the minimum standards
are not met because, like we have already stated, people still have human rights even if the laws
or those in power do not recognised or protect them. The Universal Declaration of Human
Rights introduction stated that rights are interdependent and indivisible.

Recognition of the inherent dignity and of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace in the world.

Universal Declaration of Human Rights is a call to freedom and justice for people throughout the
world. It is therefore, a common standard for measuring the achievement of human rights to all
people and all nations. However, the Universal Declaration of Human Rights is not legally

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binding because it is only a declaration. The declaration has, however, become accepted as
customary international law.

If you have been listening to news on radio and Television or reading news papers, you have
seen that, governments have not practised this customary law equally. This is because some
have emphasised social welfare rights, such as education, jobs and health care but have given
little attention to political and civil rights or the other way round.

Human rights instruments called Conventions or Treaties or Covenants are legally binding to
member states. All the human rights conventions that we shall study in future are drawn from
the Universal Declaration of Human rights (UDHR). They all have their origins in the UDHR.

Now let us look at the year1222. This was a year of the first African Human Rights Declaration
1222 – Year of the First African Human Rights Declaration

Human Rights are not new. They are as old as man has existed. God is the author of these
human rights. In the Holy Bible, in the Book of Mathew, Chapter 22 vs 36 – 40, He has
summarised everything about Human Rights when he talks about loving one another.

In West Africa, for example, in the year 1222 in the Empire of Mali, Soundiata Keita, the king of
the empire of Mali, also called Mande proclaimed the Charter of Mande or the Oath of Mande at
the occasion of his coronation. This was as a result of a joint effort by elder noblemen and
associations of the country, who had been commissioned by the king. Soundiata Keita and his
court officials elaborated the principles according to which the empire was to be be ruled. The
Charter of Mande opens with an essential statement on the quality of human lives: it states that:
Every human life is a life, there is no life more ancient or more respectable than another life, as
no life is worthier than another life.

The Declaration goes on to say, for this reason: ‘Every life being a life,

Every damage inflicted on a life needs repair.

Therefore, nobody may without reason oppose his or her neighbour,

Nobody may do his or her neighbour a wrong. Do unto others as you would like them do unto
you.

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Nobody may torment another human being. “The Charter of a Mande also contains some
paragraphs addressing two main evils – hunger and slavery: ‘Hunger is not a good thing,

Slavery is not a good thing either; there is no worse calamity than these two things, in the world.

As long as we have quiver and arrow, Famine will not kill anybody in Mande....and no village
will ever be destroyed by war fought with the aim to capture slaves....

As from today, The very substance of slavery is eradicated....Within the borders of Mande.”

We have come to the end of Section1, now do the following activity.

The categories of human rights

Although human rights are indivisible and interdependent, they are generally divided into three
generation or branches. The categories can further be divided into sub-categories depending on
the nature of right and what it seeks to promote for the full development of a person

First generation human rights(the civil and political rights)

Civil and political rights emphasize the freedom of the individual and normally require the state
to abstain from interfering in their enjoyment .These are ‘liberty-oriented’ rights. In this sense,
civil and political right impose what is termed a ‘’negative’’ obligation on the state. These are
mainly enjoyed on an individual basis by every person and they are of immediate application, the
state has an obligation to refrain from interfering with their enjoyment i.e they limit the state ‘s
action vis-à-vis the individuals. Examples include the rights to life; liberty and security of
person: freedom from torture and slavery: political participation: freedom of opinion, expression,
thought, conscience and religion; freedom of association and assembly.

They are justifiable, which means that it is possible to pursue a legal remedy in respect of them
in an ordinary court of law. However, the fact that these rights are immediate, impose
obligations on states not to interfere with their enjoyment and that they are justifiable should not

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be overstated. Since the state has an obligation or a duty to protect those rights, it requires a
functioning judiciary and the establishment of laws aimed at protecting a certain right e.g the
right to life. However, legislative measures are not enough. The state is required to take actual
steps of enforcement to prevent the violations of those rights or, if the violation has occurred, to
punish its perpetrators. Although the government has a duty of abstention concerning the first
generation rights, it has to take active steps to ensure that their obligation is complied with by all
authorities. This includes also the duty of investigation if the fundamental right has been
violated.

THE INTERNATIONAL CONVENANT ON CIVIL AND POLITICAL RIGHTS

THE PROVISIONS OF THE VARIOUS ARTICLES ARE LISTED BELOW:

Article 1: All human beings are born free and equal in dignity and rights.

Article 2: Everyone is entitled to all the rights and freedoms set forth in the declaration, without
distinction of any kind.

Article 3: Everyone has the right to life, liberty and security of person.

Article 4: No one shall be held in slavery or servitude.

Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.

Article 6: Everyone has the right to recognition everywhere as aperson before the law.

Article 7: All are equal before the law and are entitled without any discrimination to equal
protection of the law.

Article 8: Everyone has the right an effective remedy by the competent national tribunals.

Article 9: No one shall be subjected to arbitrary arrest, detention or exile.

Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal.

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Article 11: Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial.

Article 12: No one shall be subjected to arbitrary interference with his or her privacy, family,
home or correspondence, nor to attacks upon his or her honour and reputation.

Article 13: Everyone has a the right to freedom of movement and residence within the borders of
each state.

Article 14: Everyone has the right to seek and to enjoy in other countries asylum from
persecution.

Article 15: Everyone has the right to nationality.

Article 16: Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family.

Article 17: Everyone has the right to property alone as well as in association with others.

Article 18: Everyone has the right to freedom of thought, conscience and religion.

Article 19: Everyone has the right to freedom of opinion and expression.

Article 20: Everyone has the right to freedom of peaceful assembly and association.

Article 21: Everyone has the right to take part in the government of his country.

Article 22: Everyone, as a member of society, has the right to social security.

Article 23: Everyone has the right to work.

Article 24: Everyone has the right to rest and leisure.

Article 25: Everyone has the right to a standard of living adequate for the health and well-being
of himself or herself and of the family.

Article 26: Everyone has the right to education.

Article 27: Everyone has the right freely to participate in the cultural life.

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Article 28: Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.

Article 29: Everyone has duties to the community in which alone the free and full development
of his or her personality is possible.

SECOND GENERATION RIGHTS (ECONOMIC, SOCIAL AND CULTURAL RIGHTS)

The second generation category consists of rights that are termed economic, social and cultural
rights. These are ‘security’-oriented’ rights e.g. the rights to food, health care or education. Their
realization should bring about social justice and equity. They are said to require ‘positive ‘action
on the part of the state, meaning that the state should take deliberate or active steps to bring
about conditions in which every person enjoys adequately his or her economic, social and
cultural rights. Although these are mainly goals which the state has to fulfill, some of them raise
the same obligations as those of the first generation.

However, most of the economic and cultural rights can be realized progressively, through
positive state intervention. They can be both individual and group rights. This category includes
the right to education, work and work related rights, adequately standards of living, food,
healthcare and shelter, traditionally, the second generation rights have generally not been
justifiable. However, there is a growing trend towards their justifiability in international law and
especially domestic law:

THE THIRD RIGHTS (COLLECTIVE, SOLIDARITY OR (GROUP RIGHTS)

Collective or group rights are by their nature asserted not by individual as such, but by people as
a group. These rights include the right of self-determination, the right to a clean and healthy
environment, the right to peace and the right to development, indigenous and minority rights.
These are enjoyed in community with others, and although it is ultimately the individual who
suffers from a violation, violations of this generation of rights are not targeted at individuals.
Third generation rights are very complex and also very vague. This makes enforcement, and
even simple recognition, very difficult, states, especially Western states more often prefer to
sidestep these rights.

CAN STATES RESTRICT HUMAN RIGHTS?

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International law permits states to limit or suspend part of their legal obligations and thus restrict
some rights under certain circumstances, for example, the Zambian constitution provides for
derogation in the following instances execution of the sentence of the court, upon reasonable
suspicion of having committed or about to commit a criminal offence, spread of infectious
disease etc. To this end, the legal resource available to states includes limitations clauses and
derogation clauses.

LIMITATION CLAUSES

Many obligations to respect human rights are subject to limitation clauses. The exercise of
freedoms and rights may be subject to certain formalities, conditions, restrictions and penalties in
the interest of national security, territorial integrity or public safety, the prevention of crime or
disorder, the protection of public health or morals, or the protection of the reputation or rights
and freedoms of others.(Highlight specific Articles in the Zambian constitution that deals with
the various limitation clauses)

DEROGATION CLAUSES:

Derogation clauses are also permitted under international law. In times of war, rioting, natural
disasters or other public emergencies that pose a serious threat to the life of a nation,
governments may take measures derogating from their human rights obligations, provided that
the following conditions are met:

 A state of emergency has been declared

 The specific measures derogating from an international treaty must be officially notified
to the competent international organizations and other states parties
 The derogation is permissible only to the extent strictly required by the situation
 The derogation must be lifted as soon as the situation permits

The rights subject to derogation must not be among those that admit no derogation e.g the right
not to be tortured cannot be derogated from under any circumstance.

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THE INTERNATIONAL BILL OF HUMAN RIGHTS

It refers to the three types of documents drafted by the United Nations (UN). When broken down
they come to five documents.

 The International Convention on Civil and Political Rights with its two optional
protocols. Which are; Death Penalty and Individual complaint procedure.(ICCPR)
 The International Covenant on Social, Economical and Cultural Rights.(ICESCR )
 Universal Declaration of Human Rights. (UDHR)

THE INTERNATIONAL CONVENANT ON CIVIL AND POLITICAL RIGHTS

THE PROVISIONS OF THE VARIOUS ARTICLES ARE LISTED BELOW:

Article 1: All human beings are born free and equal in dignity and rights.

Article 2: Everyone is entitled to all the rights and freedoms set forth in the declaration, without
distinction of any kind.

Article 3: Everyone has the right to life, liberty and security of person.

Article 4: No one shall be held in slavery or servitude.

Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.

Article 6: Everyone has the right to recognition everywhere as aperson before the law.

Article 7: All are equal before the law and are entitled without any discrimination to equal
protection of the law.

Article 8: Everyone has the right an effective remedy by the competent national tribunals.

Article 9: No one shall be subjected to arbitrary arrest, detention or exile.

Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal.

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Article 11: Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial.

Article 12: No one shall be subjected to arbitrary interference with his or her privacy, family,
home or correspondence, nor to attacks upon his or her honour and reputation.

Article 13: Everyone has a the right to freedom of movement and residence within the borders of
each state.

Article 14: Everyone has the right to seek and to enjoy in other countries asylum from
persecution.

Article 15: Everyone has the right to nationality.

Article 16: Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family.

Article 17: Everyone has the right to property alone as well as in association with others.

Article 18: Everyone has the right to freedom of thought, conscience and religion.

Article 19: Everyone has the right to freedom of opinion and expression.

Article 20: Everyone has the right to freedom of peaceful assembly and association.

Article 21: Everyone has the right to take part in the government of his country.

Article 22: Everyone, as a member of society, has the right to social security.

Article 23: Everyone has the right to work.

Article 24: Everyone has the right to rest and leisure.

Article 25: Everyone has the right to a standard of living adequate for the health and well-being
of himself or herself and of the family.

Article 26: Everyone has the right to education.

Article 27: Everyone has the right freely to participate in the cultural life.

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Article 28: Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.

Article 29: Everyone has duties to the community in which alone the free and full development
of his or her personality is possible.

THE INTERNATIONAL CONVENANT ON ECONOMIC, SOCIAL AND CULTURAL

RIGHTS.

Like the ICCPR, the international covenant on economic, social and cultural rights
(ICESCR)was adopted by the UN General Assembly in 1996.However,this covenant protects
different rights from those protected by the ICCPR, with the exception of common Article, set
out the general provisions on the obligations of states. However, whereas the obligations under
the ICCPR are for immediate implementation or application, the obligations under the ICESCR
may be progressively realized. Article 2 makes special provision for developing countries, that
with regard to human rights and their national economy, they may determine to what extent they
would guarantee the economic rights recognized in the covenant to non –nationals.

SPECIALIZED RIGHTS

These are human rights that were created outside the international bill of rights to cater for the
vulnerable people in society like women, children, migrant workers, and other vulnerable groups.

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THE INTERNATIONAL CONVENTION ON ELIMINATION OF ALL FORMS OF
RACIAL DISCRIMINATION (CERD) 1965

The UN general assembly adopted this convention in1965 and entered in force 4 th January 1969.
The preamble among other things recognizes that all human beings are born free and equal in
dignity and rights and that all human beings are equal before the law and are entitled to equal
protection of the law against any discrimination and that against any incitement to discrimination
and that any doctrine of superiority based on racial differentiation is scientifically false, morally
condemnable, socially unjust and that there is no justification for racial discrimination. The
convention notes that the UN has condemned colonialism and all practices of segregation and
discrimination associated therewith and affirms the necessity speedily elimination racial
discrimination throughout the word in all forms and manifestation.

The convention has been described ‘’as the most comprehensive and unambiguous codification
in treaty from of the idea of the equality of races’’. It prohibits racial discrimination, which it
defined in Art. 1 as ‘ any distinction, exclusion , restriction or preference based on rice, color
descent, or national or ethnic origin’ having the effect of nullifying or impairing the recognition,

Enjoyment or exercise on an equal footing, or human rights and fundamental freedom in the
political, economic, social, cultural or any other field in public.

State have a legally obligation to eliminate racial discrimination in their territory and to enact
laws necessary to ensure non-discrimination. A part from government authorities, individuals,
group and organization are prohibited from practicing discrimination. However Art. 2 (1) (d)
allows for special measures i.e. positive or affirmative action, for the purpose of remedying of
past racial discrimination, provided that they do not foster other forms of racial discrimination
and shall not be continue after the objective for which they were undertaken have been
achieved.

Enforcement measure includes a committee established in terms of Art. 8 for purposes of

reviewing periodic state report and considering individual and inter-state complaints or
communications.

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SUPERVISORY MECHANISMS.

CERD provides for three relevant supervisory mechanisms to enable the committee to exercise
its tasks of monitoring and reviewing the legislative, judicial, administrative and other measures
which states parties have undertaken in relation to their commitments under the convention to
fight racial discrimination. These include the following:

The reporting procedure under Art.9

The state complaints procedure governed by Arts.11,12 and 13

The individual complaints procedure established under Art.14

THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN (1979) (CEDAW)

Women suffer the most in conditions of poverty because they have less access than men to
healthcare, education and food. Since the second world war, many human rights instruments
have upheld individuals rights without distinction of any kind including the aspect of sex
(gender).sex discrimination has thrived despite the trend towards equal rights in human rights
instruments, particularly in the socio-economic sphere. The UN recognized the necessity of a
human right regime that addresses women’s issues directly and protects their socio-economic as
well as civil and political rights. In 1967, the UN adopted the declaration, on the elimination of
all forms of discrimination against women. Based on this declaration, the convention for the
elimination of all forms of discrimination Against Women (CEDAW) was adopted by the United
Nations general assembly on the 18th December 1979.

The convention on the elimination of all forms of discrimination against women (CEDAW)
recognizes the equal rights of men and women and seeks to ensure the equal rights of men and
women in the enjoyment of all economic, social, cultural, civil and political rights. It is noted in
the preamble that despite the existence of various instruments prohibiting discrimination against
women and encouraging the equality of the rights of men and women, extensive discrimination
against women continues to exist, hence that need for a comprehensive convention. Therefore,
the CEDAW seeks to do away with discrimination against women.

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It describes ‘’discrimination against women as any distinction or restriction made on the basis of
sex,’ and which has the effect of impairing the enjoyment by women of human rights and
fundamental freedoms in the political, economic, social, civil or any other field under Art1 .states
are obliged to condemn discrimination against women and to embody the principle of equality of
men and women in their constitutions and the other appropriate legislation, and to adopt laws or
other measures, including sanctions where appropriate, prohibiting all forms of discrimination
against women as provided for by Art.2.states also obliged to take measures in the political,
economic, social, cultural, and other spheres of life to advance the enjoyment of equal rights by
women furthermore, Art. 5 provide that state have to take appropriate measures to among other
thing. Modify social and cultural patterns of men and women and the superiority of men are
eliminated.

State parties to CEDAW undertake to the embody the principle of equality of men and women
by adjusting their law and constitution to reflect their commitment to non-discrimination by
imposing sanctions on those who discrimination, by abolishing discriminatory parties and
customs and by taking all other appropriate measures to achieve the practical realization of a
society which treats men and women equally. The state parties also undertake to promote
women’s development and advancement in political, social economic and cultural fields. This is
so in order that women might participate on a defect 23 equal basis with men in those areas.

Therefore the convection stipulates that neither temporary measure taken to reach such defector
equal to, nor measure to protect maternity shall be considered discrimination.

Examples of such equality include women’s right to vote, to shape government policy, to
participate in non-government organization activities and to represent her government at
international level under Arts.7 and 8.Statesparties under Arts. 10to 14 concerning economic,
social and cultural rights are obligated to take appropriate measures to eliminate discrimination
in educational opportunities ,access to health care and employment opportunities e.g. woman
most receive equal pay for equal work. Art 14. Focuses on the specific problem faced by rural
women and ensures their participation and benefit from rural development.

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COVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHIMET (CAT) (1984).

The convention against torture and other cruel, inhuman or degrading Treatment (CAT) has 124
State parties which only 10 signatories state. The convention defines what torture is and also
introduces supervisory mechanism to enforce the convention. The substantive provisions of the
convention start with a definition of torture in Art.1. The definition includes all forms of severe
pain or suffering, whether physical or mental. It is worthy to note that pain or sufferings arising
from lawful sanctions are not included in the definition. States are obliged to take parties
effective measures to prevent acts of torture within their jurisdiction. No exceptional
circumstances may be invoked as a justification. States parities are required by Art. 3not to expel
return or extradite a person to another State where there are substantial grounds for believing
that he or she would be subject to torture.

SUPERVISORY MECHANISM/ IMPLEMENTATION MECHANISM.

CAT provides for the creation of a supervisory body called the committee against Torture. The
committee has a mandate to receive individual and state complaints under Arts. 21and 22 on
violations of the conventions as well as periodic reports from the state parties on the measures
they have taken to give effect to the provisions of the conventions. Art.20 contains the possibility
of an inquiry procedure, initiated by the committee if receives reliable information from NGOs
or individuals which appears to contain well-founded indications that torture is being
systematically practiced in the territory of a state party. Such an inquiry may include a visit to the
state party concerned if the state agrees.

THECOVENTION ON THE RIGHTOF THE CHILD (1986).

The United Nations general assembly adopted the convention on the Right of the child in 1989.
Pursuant to a proclamation by the UN that childhood is entitled to special care and assistance,
that the family is fundamental group unit of society, in respect of which the natural environment
for the growth and well-being of all its members and particularly children should be afforded the
necessary protection and assistance, so that it can fully assume its responsibilities within the
community, convention on the right of the child seeks to promote the full and harmonious

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development of children in an atmosphere of happiness, love and understanding and in the spirit
of peace dignity, tolerance, freedom and solidarity.

In addition to affording children the civil, political, economic and cultural right provided for in
the UDHR, ICCPR, and ICESCR, state have an obligation to protect children again practices of
special danger to their welfare, such as economic exploitation, illicit use of drugs, all form of
sexual exploitation and abuse, etc. the guiding principle of the convention for the right of the
child is outline in art.3 (1), which provides that in all actions concerning children, whether
undertake by or private social welfare institution, court of law, administrative authorities or
legislative bodies, the best interests of the child shall be a primary consideration.

SUPERVISORY MECHANISM.

Article 43 of the convention for the right of child establishes a committee on the convention for
the purpose of monitoring progress made by state parties in achieving the rights enshrined in the
convection. The committee reviews periodic state report, but has no power to entertain individual
or inter-state complaints. The summary of the various articles are listed belong. Has no power to
entertain individuals and inter-state complaints

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