HUMAN RIGHTS

Human rights arc legal cntitlemcnts that a person has by virtue of being human. Human rights
have always existed throughout mankind. They are inherent, universal andrace inalienable. This
means that human rights do not belong to any one particular group of people, or nationality

Earliest documents proclaiming Human Rights

(a) The Magna Carter of 1215.

(b) Charter of Mande of 1222 (Oath of Mande).
(c) English Bill of Rights of 1689.
(d) The French Declaration on the Rights of man and citizen of 1789.
(e) The USA Constitution and Bill of Rights of 1791.
Charter ofMande of 1222 (Oath ofMande)

> It was the earliest document in Africa where human rights were guarantecd by Soundiata
Keita Mande (King of Mali).
> He named the document the Charter of Mande at his coronation.
> The document was written by elders, wise men and associations of the country
commissioncd by the king to draw up principles on bow Malian empire should be ruled.
The introduction of the document stressed much on equality of human beings as follows;
> "Every human life is life". For this reason nobody should torment another human being.
> The charter also ado essed two evils, hunger and slavery follows-"hunger and
slavery is not a good thing." He considered these evils as worse calamities.
> In short the Charter condemned slavery and promised to eradicate all forms of hunger.
However, these documents werc not universal in nature for they excluded women,
children, slaves and persons of certain social, religious, economic and political
groups.
The United Nations Universal Declaration of Human Rights (UDHR) of
1948
> Afler the United Nations member states promised to respect human
rights, a commission
on human rights was formed to promote the promise.
> The commission was assigncd to draft a document putting in writing
the meaning ol
fundamental rights and frecdom that had been declared in the Charter. The
commission was Eleanor Roosevelt, the wife of president Franklin Delanochair of the
Roosevelt,
president of USA that time.
> The commission came up with the universal declaration
of human rights which was
adopted on 10h December, 1948.
> The UDHR is a set of principles by which
to provide all pcople of the world with United Nations members commit themselves
} Human Rights empower people to takehuman action
dignity.
when and wherever the set standards are
not met even if the laws of their country or
leaders do not recognize them.
» The introduction of the UDHR states that recognition
equal and inalienable rights of all members of the human of the inherent dignity and of the
justice and peace in the World. life is foundation of frecdom,
> The UDHR emphasizcd on freedom and
justice for all people throughout the country.
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 Characteristics of Human Rights

(a) Human rights are inherent

> Human Rights and fundamental freedoms are inherent.
This
independently of the will of an individual or group of persons means that they cxist
> Human Rights cannot be bought, given, entrusted or earncd.
> Inherence mcans that which is an essential part of
means that something is no longer what it is supposedsomething
to be.
and taking it
Therefore, Human Righis can only be violated or away
Human Rights are inherent because we are denied but not taken away
transferred from person to person. born with them. They canno! be
Human Rights are a birth right.
> They exist as a natural and
permanenl part of human beings. One is born
and has them till the time one
dies. Whether one realises that with the
not they are still there. they have them or
(b) Human Rights are inalienable or inseparable
> Human rights cannot bc separated or
are violated. taken away or given away even
> Human rights cannot be
when they
grabbed even if the owner is not aware
they are natural and legal (lawful) claims. of them because
> People have Human Rights
cven when these are being violated or
or those in power de not recognise, even if the laws
be taken away nor can any person promote or protect them. Human Rights canno
them, deprive another of the right to have and enjoy
Human Rights cannot be forfeited or bc
them cven though one can be unaware of diminished by one's failure to exercise
his or her rights.
(c) Human Rights are universal

º All human beings enjoy these rights

worldwide. Universal means they arc
followed and apply to all people in the world
religion, social political or nationality. regardless of race, sex, ethnicity,
(d) Human Rigbts are
Inter-dependent, interrelated and Indivisible
Human rights are cqually important and cannot be divided, subtracted
Iromohers, or removed
> All rights should be
cnjoyed in totality.
For example, one cannot be denied the right
shelter then be granted only the right to lifc. to food. clothes. mnedical care o
The right to life is dependent and related to the
If
a person is denied the right to cducation. thatright to food, clothes and so
his/berpotential and carn a person is likely to nevet
This means rights depend ondecent living.
each other to be fulflled and enjoyed in u

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Categories of human rights
and these categories are known as
> These rights were classificd into three categories
"gencrations"
historical development of human rights.
> The generations are put according to their
Civil and political rights
be recognized.
> Called first generation rights because they were the first to
and urges government not to
These rights stress the freedorn of the individual constitution
interfere in the life of an individual. In the 1996 include: of Zambia, civil
and political rights are found in part lIl and they
> Right to life.
> Right to personal liberty.
> Protection from slavery or forced labour.
Freedom from torture and inhuman treatments.
> Freedom of opinion.
Freedom of expression, assembly and association.
> Freedom of movement.
> Protcction of freedom of conscicnce.
> Protection from discrimination on grounds of race, age, sex, religion
and many others.

2. Economic, social and cultural rights

> These are also known as second gene- ation rights. They bring about social
justice, dignity and equality when government creates good conditions to allow
the enjoyment of these rights. This category includes:
> Rights to food > Health (medical care)
> Employment > Clean environment
> Social sccurity > Development
> Education > Adequate housing
3. Collective Rights or Solidarity rights
> These are also called as the third generation rights and are the most recently
identified rights.
> Collective rights refer to those rights of people to be protected from attacks on
their group interest and identity. The most important collective right is the right
to self-determination. Collective rights include;
> Right to self-determination
> Economic and social development
> A hcalth environment
> Natural resources
> Participation in cultural heritage and right to inter-gencrational equity
and sustainability.
Note: These rights though they are not legally binding they create a framework for the enjoyment
of all other rights.

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2023
 violated
Human Rights are
Ways in wbich
There are many people in our society whose rights have been violated. The following are
rights:
violations of human
Cxamples of

(a) Corpuoral punishment

> Itis when a child who is beaten

witha stick for committing ann offensc
e.g. breaking
school ules.

(b) Child abuse

> This is the ill trealment of a child which can takc the form of physical or oe.
abuse.

(c) Child labour

> This is the giving of a child work that is dangerous to the child.
(d) Human trafficking
> This is the illegal transportation and selling of children within or outside a country
for prostitution, pomography, forced labour, crime and so on.
(e) Gender based violence

> This is physical or emotional force involving males and females in which the
females are usually victims.
(9 Forced marriages

> This is when girls are forced by their parents to get married. Mostly girls are
dropped out from school just to get into marriage for the interest of their parcnts.
(g) Arbitrary arrests

> This is when people are arrested for

wrong reasons or falsely.
Significance of human rights
Hunan rights focus on the dignity of the
that a human being is entitled to. Thus.hunan
each
beine. Dienity is borour, self-esteem and res
individual nreds to develop certain attiiuu
promote human rights. These attitudes
are:
Respect for everyone's life, their physical and mental intcgrity, freedom, property and
pivacy,
> Taking up
responsibility in
of respecting other pcople's socicty - for rights come with responsibilities especially that
rights.
Respecting other people's rights for they are protected by law and guaranteed by
international standards.
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 > Recognizing accountability and responsibility in the relationship between the individual,
institution or state that has aduty to fulfil the rights called "the duty bearer" and the other
person with rights called "the rights holder". The duty bearer is accountable and has to
make sure rights are respected, protected and fulfilled. The rights bolder has the duty to
respect and not violate the rights of others.
Rights holders have to be empowered so as to claim and tke part in public decision
making. Empowerment includes giving knowledge and skills they need to make claims
of their rights.
> Participation of both sexes and all ages is an important human right in every area of their
lives.

3XAMINATION QUESTIONS 4
Section A

1. The human ight's day is commemorated worldwide every year on ....!

A. 10th December C 10h September
B. 10th January D. 10th October
2. The Universal Declaration of Human Rights was adopted by the United Nations on
10th December 1948 Iin Geneva. The dedaration contains articles.
A. 20 C. 30
B. 28 D. 35
3. The Universal Declaration of HumanRights ranges from article .....To ...?
A. 1 to 35 C 1to32
B. 1 to 3O D. 1 to 33
4. Why is the right to life referred to as the supretne Human RightB t is because .....
A. tisthe frst in the first-generation rights
B. It is the ftst in the Zambln Bill of Rights
C Ris the preamble of theZamblan Bill of Rights
All other Hghts depend on t
5. Which ofthefollowing best explans the meaning ofthe Human Rght characteristic
which states that 'Human Rights are inherent?
A. Because it is the preamble ofthe Zamblan Bill of Rights
B. They are unlversal because they apply to all people in the word
C. They annot be taken away or separated ot glveh away
D. They exist índependently of thewill ofan tndividual
6. Justina lves in a home where there is poverty, but one day, he decided to steal a bag
of sweet potatoes from the nelghbour's garden where he is caught. The whole village
rose up and beat him. Fortunately, the police officer came to his rescue. What ight is
being violated?
A. He ls entitled to basic needs
B. Rlght to prBvacy
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 C Right not to eat until proven quity
to be ínnocent
7. D. Right
Mary ame late for lessons and the teacher punished her. She claimed that she had a
right to learn instead of being punished. The teacher punished Mary becaAuse she
was...
rights and cl¡ims
A. Both responsible for her
B. Claiming for her Hights
C Not responsible for her ights
D. Responsible for her rights
8. Asocal worker from the human Hghts commission visited Kasenga community
school chil4's rights dub and explained to the members th¡t t human ights cannot be
taken away nor given away and that people have ights even when these t e
volated, Which characteristic of human ights explains the above statementl
A. Inalienable C. Indivisible
B. Inherent D. Interrelated
9. The Unlvesal Dedlaration of Human Rights was derived from United Nations Chater
after the revelation ofthetetible, cruel and violent alings of the Jews by...
A. Cape-Boers C. Marxist Leninists
B. Fascist-Italy D. Nazi Germany
10.The vision of...iste ensure that every person enjoys all human rights enshrined
in the universal Decdaration of Human Rights (UDHR).
A. Amnesty International C. Law AsSociation of Zambia
B. Caritas Zambia D. Legal Resources Foundation
11. Which of the following is not an example ofa legal right in Zambial
A. Education C Property
B. Life D. Speedy and fair trial
12. Mr. Nsaklwa C. a teacher of civic education at Chililabombwe secondary school
taught his pupils thatpeople have human rights even when they are not recognized.
Phromoted or protected by those in power. Which chaacteristics of human ights was
refered to by the teacher
A. Human Hghts are inalienable C Human rights are inherent
B. Human Hghts are indivisible rights are univesal
13. D. Human
Mr. Makasa was accused of defiling a110-year-old girl. He was:arested bythe police
and detained for two months without going to court. Which human right was
violated?
A. Freedom of expresson
B. Right to inhuman treatment C Right to personal liberty
trial
D. Right to speedy and fair
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 14. The United Nattons was prompted to come up with the Universal Dedarztions of
Human Rights in 1948 with its main objective of ......
A. Bringing to end the killing of Jews by Adolf Hitler
B. Promoting economic and socdal development
C Pursing peace after the second wod war daimed people's lives
D. Setting up internatonal standards for unkveral protection of human rights
15. Magna Carta is one of the earliest documents to have contained elements of human
rigthts in the wold. Suggest the short cornings of this document. The document.....:
A. Had only cvil and poltial rights
B. Was not legally binding to member states
C Was not universal ín nature
D. Was prepared by the Europeans only.
Section B

1. Why were documents like the Magna Carter of 1215,the charter of Mande of1222 and
the English Bill of Riqhts of 1689 n¡t universal in natureB (2]
2. Why are human ights sald to be universal? Give two reason. [1]
3. Distingulsh civl and poltial ights from collective ights. (21
4. LIst any two characteristics of human rjhés. [2]
5. Why are documents such as the Stockholm Decdaration of the Uhited Nations
Conference on the Human Environment and the 1992 Rio Declaratiorn on the
Environment and Development known as soft lawsl I11
6. Why are civl and political ights alled irst generatton nghts? I11
7. The two maln evils addressed by the ch¡rter of Mande were ...? [21
8. (a) State any two aíms of thehunan ights commission (HRC) in Zambi. [21
(6)Briefly discuss any three functions ofthe commssion. 16]
9. LIst and explain any four articdes ofthe universal declaration of human ights (UDHR).
10.Discuss the significance of human ights. 181
Section C

1. Describe the Univeral Dedaration ofhuman rights. Explain the ways in which
human ights are violated. I10:10]

NDIULU N. M. (B.A.Ed.)
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 QUESTIORe .
CORRECTANSWERS TO EXAMINATION

Section A
6. D 11. A
1. A
7. C 12. A
2. C
8. A 13. D
3. B
4. D 9. D 14. D
5. D 10.A 15. C

Section B

1. They wee not universal in nature for they excluded women, children, saves and
ofcertain social, religious, economic and politial gBoups.
2

> They apply to all people everywhere in the wold.

> They are the same for everyone regardless of sex, race, religion or social status.
3.
(a)Civil and political mghts stress the freodom of the individual and places an obligation
on the govenment not to interfere in the life of the individual.
(b)While collective igts refer to the rights of people's to be protected from attacks on
thelr group identity and group interests.
> Human ights are inherent
> Human Hghts are inalienable Cinseparable)
>Human rights are unhversal
> Human Hghts are indivisible, Interdependent and
5. They are known
interrelated
as soft laws because they have not been enacted into legally binding
document.
6. Because they were the first to be recognized,
7. Thetwo maln evils addressed by the ch¡rter ofestablished and adopted.
Mande were hunger and slavery
8. (a)
> To record human rights violations In
the second Republic
(b)
Improve and promote the image of human Hahts culture of the country
> To investigate human
rights
To propose effective measuresviolations
to prevent human rights abuse
> To rehabilitate
victms of human ights abuse and Improve the respect for and
protection of human rights as well as establishing a continuous programme of
research, education and
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Page 52 of 111 NDIULUN. M. (B.A.Ed.)
 9. Everyohe;
i. Is borm in freedom, equality and dignity.
i. Has the freedom from discrimination.
ii. Has the right to life.
Iv. Has freedom from slavery.
v. Has freedom from torture.
vi. Has the right to recognition before the law.
vil. Has the right to equality before the law.
vill. Has the ight to access justice. (Any four)
() Respect for everyone's life, their physical and mental integrity. freedom,
property and prBvacy.
Ci) Taking up responsibility in socdety- for ights come with responsibilities
especially that of respecting other people's rights.
CH) Respecting other people's ights for they are protected by law and guaranteed
by international standards.
Giv) Recognizing accountability and responsibility in the relationship bebwen the
individual, institution or state that has aduty to fulfl the rights called "the duty
bearer" and the other person with rights called "the Hights holder". The duty
bearer is accountable and has to make sure ights are respected, protected and
fulfilled. The rights holder has the duty to respect an' not violate the rights of
others.
() Rights holders have to be empowered so as to daim and take part in publíc
deciston making. Empowement includes giving knowledge and skalls they need
to make cims of their rights.

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