CITIZENSHIP GRADE 10 UNIT 6 SHORT NOTE

UNIT 6: HUMAN RIGHT

LESSON 1: The concept of human right
The meaning of human rights
 Human rights
 are privileges someone can claim just because he/she is a human being without any discrimination
based on condition.
 derived from fundamental human dignity and worth.
 are basic to humanity and apply to all people everywhere.
 belong to every member of the human race.
 allow people to live the life they deserved to live, they aspire to live, & to live a life with dignity & equality.
 give people a full control of their life and the freedom to choose how they live, how they express
themselves, and what kind of government they want to support, among many other things.

 guarantee people the means necessary to satisfy their basic needs, such as food, housing, and
education, so they can take full advantage of all opportunities.

 by guaranteeing life, liberty, and security, human rights protect people against abuse by individuals and
groups who are more powerful.

 The UDHR, Article 2 stipulates that human rights belong to every human being ―without distinction of
political or other opinion the only criteria someone must fulfill to enjoy these rights is being a human.
The basic features of human right
1. Universalism: means that they apply equally to all people everywhere in the world, and with no time limit.
2. Eternality: the only time individuals stop enjoying their human rights is at the time of natural death. Otherwise
these rights are in principle eternal.

3. Inalienability: means that you cannot lose them because they are linked to the very fact of human existence.
They are inherent to all human beings.
 In particular circumstance, some – though not all - may be suspended or restricted.
4. Indivisible and interdependent: means that different human rights are intrinsically connected and cannot be
viewed in isolation from each other.

 The enjoyment of one right depends on the enjoyment of many other rights and no one right is more
important than the rest. This means that one set of rights cannot be enjoyed fully without the other.
5. Inviolability: human rights by their very nature are expected not to be violated or even restricted by any one.
6. Human rights are irrevocable: they cannot be taken away by any power or authority because these rights
originate with the social nature of man in the society of human beings and they belong to a person simply
because he is a human being. As such human rights have similarities to moral rights.
Classification of human rights
A. First generation rights (Liberty rights)
 consists of civil and political rights
 derive primarily from the17th and 18th century political theories which are associated with the English,
American, and French revolutions.
 The rights set forth in Articles 2-21 of the Universal Declaration of Human Rights
 freedom from discrimination;  the right to a fair and public trial;
 freedom from slavery  freedom of thought, conscience, and religion
 freedom from torture and from cruel, inhuman,  freedom of opinion and expression
or degrading treatment;  the right to participate in government through
 freedom from arbitrary arrest and detention; free elections.
B. Second generation rights (Equality Rights)
 include economic, social, and cultural rights.
 originated primarily in the socialist traditions of Marx and Lenin.
 According to this view, rights are conceived more in positive rather than negative terms, and thus encourage
the intervention of the state.
 Illustrative of these rights are Articles 22-27 of the Universal Declaration of Human Rights.
 the right to social security  the right to a standard of living adequate for the
 the right to work health and well-being of self and family;
 the right to education
C. Third generation rights (Solidarity Rights)
 are the product of the rise and decline of the nation-state in the last half of the twentieth century.
 These rights have been championed by the Third World and remain somewhat controversial and debated.
 The rights set in Articles 28 of the Universal Declaration of Human Rights
 the right to political, economic, social, and cultural self- determination;
 the right to economic and social development;
 the right to participate in and benefit from “the common heritage of mankind.”
Human right provision under the federal constitution
 FDRE Constitution recognized internationally human rights norms
 This fundamental principle is stipulated in Article 10 of the constitution, which articulates, “Human rights and
freedoms, emanating from the nature of mankind, are inviolable and inalienable”.
 The FDRE constitution in its chapter three clearly stated list of rights that are divided into two categories
1. Human Rights Article 14-28
2. Democratic Rights Article 29-44
 Article 13-44 are devoted to “Fundamental Rights and Freedoms” in general.
Lists of human rights stated under the 1995 FDRE constitution

LESSON 2: Citizens and state obligations in realizing human rights

The meaning of obligation
 Obligations are that you must do because of a law, rule, promise, also because it is morally right.
 Obligations are duties to fulfill.
 Obligation arises from the right you enjoy.
 The FDRE constitution details the list of rights you enjoy, you have obligation to fulfill. Example
 respect for religious equality,  respects the rights of others
 respect for gender equality  respect for the national flag
 In democracy rights comes with obligation.
 Example you have the right of peaceful demonstration as the same time you have an obligation to apply for
permission from the government office.
State obligations
 According to the Vienna Declaration (1993) while the significance it is the duty of states, regardless of their
political, economic & cultural systems, to promote and protect all human rights and fundamental freedoms”.
 Actions to be taken by states parties
 Adopt legislation and administrative measures to promote human rights
 Adopt legislative and other measures to abolish discrimination.
 Protect and promote the rights of persons with disabilities in all policies and programs.
 Stop any practice that breaches the rights of persons with disabilities.
 Ensure that the private sector and individuals respect the rights of persons under take research and
development of accessible goods, services and technology.
 Provide accessible information about assistive technology to persons.
 Promote training on the rights of the Convention to professionals and staff.
A. Obligation to respect: states that parties must refrain from interfering with the enjoyment of the rights of
persons with disabilities.

 For example, states must not perform medical experiments on persons with disabilities without their consent
or exclude a person from school on the basis of a disability.

B. Obligation to protect: requires States to protect individuals against abuses by non-State actors, foreign State
agents, or State agents acting outside of their official capacity.
 The obligation entails both a preventative and remedial dimension.
 A State
 is thus obliged to enact legislation protecting human rights
 to take action to protect individuals when it is aware of threats to their human rights
 to ensure access to impartial legal remedies when human rights violations are alleged
 Example: the right of children to education must be protected by the State from interference and
indoctrination by third parties, including parents and the family, teachers and the school, religions, sects,
clans and business firms.
C. Obligation to fulfill: States are required to take positive action to ensure that human rights can be realized.
 The extent of the obligation to fulfill varies according to the right concerned & the State’s available resources.
 States should create “the legal, institutional and procedural conditions that rights holders need in order to
realize and enjoy their rights in full.”

 Example: In respect of the right to education, for instance, States must provide ways and means for free and
compulsory primary education for all, free secondary education, higher education, vocational training, adult
education, and the elimination of illiteracy
Instruments for the protection of human rights
1. The universal declaration of human rights (1948)
 was adopted by resolution of the UN General Assembly on December 10, 1948.
 it is not a legally binding instrument, the Declaration was adopted for the purpose of defining the "human
rights" and "fundamental freedoms" referenced in Article 55(c) of the UN Charter.
 All UN member states are obligated to observe and respect.
 It has proven to be enduring and influential. Many UN member states have incorporated the principles set
forth in the Declaration in their national constitutions.

 These principles also provide a foundation for many of the core human rights treaties subsequently drafted
under the auspices of the UN and for regional treaties and national laws enacted to safeguard human rights.
2. International human rights conventions
 Besides to the UN Charter and the UDHR, the UN presently has more than ten core human rights treaty based
human rights instruments. These includes

1. The Convention on the Prevention and Punishment of the Crime of Genocide (1948), the Convention
Relating to the Status of Refugees (1951)
2. The International Covenant on Civil and Political Rights (ICCPR)
3. The Slavery Convention (1926, but amended by Protocol in 1953)
4. The International Covenant on Civil and Political Rights (1966)
5. The International Covenant on Economic, Social and Cultural Rights (1966)
 6. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
7. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
8. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
9. The Convention on the Rights of the Child (CRC)
10. The International Convention on the Protection of the Rights of All Migrant Workers and Members of
their Families.
3. Regional mechanisms
 In addition to the international human rights regime functioned under the UN umbrella, there are regional
human rights systems which cover three parts of the world; Africa, the Americas and Europe.

 These two (international and regional) systems are aimed to make sure state actors are fulfilling their
obligation in promoting, protecting, providing and fulfilling.
 The African human rights system is operative under the organizational structure of the AU since in July 2002.
 Currently, 53 African countries are signatory members to the AU and the African Charter on Human and
Peoples' Rights (1981/86).

 Additionally the Establishment of the African Court on Human and Peoples' Rights (1998/2004) is adopted in
2004 and ratified by 21 member states.
 This Protocol entered into force in January 2004 and the process is underway to establish the Court.
 The AU Summit has started this endeavor by taking a decision to merge the African Human Rights Court with
the African Court of Justice in July 2004.

 Ethiopia is a signatory party to the Banjul Charter since 1991 and to the African Charter on the Rights and
Welfare of the Child in 2001.
4. The Ethiopian human rights instruments
 The FDRE Constitution classifies human rights as one of its five fundamental principles and declares that
human rights and freedoms, emanating from the nature of mankind, are inviolable and inalienable and that
the human rights of citizens and peoples are respected.

 The FDRE Constitution has established national human rights instruments by recognizing most of the human
rights entitlements acknowledged by the core international and regional human rights instruments.

 There have been established institutions with the specific and prominent mandate of respect and
promotions of human rights and the main organizations in this respect are:
 The Ethiopian Human Rights Commission (EHRC)
 The Ethiopian Institution of the Ombudsman (EIO)
 The Federal and Regional Ethics and Anti-Corruption Commissions