Describe the International Bill of Rights (IBR)?
This is made up of the Universal Declaration of Human Rights (UDHR) and the two treaty
based human rights instruments which are; International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on Economic, Social and cultural Rights
ICESCR).
Explain the Universal Declaration of Human Rights (UDHR)?
The UDHR is an internationally recognized and agreed upon instrument which contain 30
articles through which individuals and governments can work to deliver basic rights.
NOTE: UDHR was adopted by United Nations on 10th December, 1948 in Geneva.
Some of the UDHR Articles are:
Everyone:
- Is born in freedom, equality and dignity.
- Has the right to life and to live in freedom and safety.
- Has the right to liberty/freedom
- Has the right to equality before the law and equal protection.
- Has the right to be presumed innocent until proven guilty by an impartial Judge.
- Has the right to privacy.
- Has the right to nationality.
- Has the right to money.
- Has the right to education.
- Has the right to work.
- Has the right to participate in the cultural life of the community.
- Has the right of thought, conscience and religion.
- Has the right to freedom of expression and opinion.
- Has the right to freedom of assembly and association.
- Has the freedom of movement.
Describe Treaty Based Human Rights Instruments.
The Treaty Based Human Rights Instruments are legally binding documents with The International
Covenant on Civil and Political Right (ICCPR) and the International Covenant on Economic,
Social and Cultural Rights (ICESCR), both instruments were adopted in 1966.
NOTE: The ICCPR has two (2) optional protocols. An optional protocol is a provision attached to an
International Instrument which is meant to offer more protection of the right in the treaty.
a) The first Optional Protocol of ICCPR provides for an individual to complain on human rights
violations contained in the ICCPR to the United Nations Human Rights Committee.
b) The Second Optional Protocol of ICCPR was adopted in 1989 and came into force in 1990. It
aimed at the abolition of the death penalty in countries that ratify it.
Describe the Specialized Human Rights Instruments.
These Human Rights Treaties are referred to as Specialized because they focus on
particular human rights issue or a particular group of people. Among these Specialized
Human Rights Instruments are: ICERD, CEDAW, CAT, CMW and UNCRC.
a) The International Convention on the Elimination of all forms of Racial Discrimination
(ICERD)-1965
This Convention was adopted in 1965 by the United Nations General Assembly and came into force
in 1969. It was drafted to draw attention to racial discrimination which was still rampant in the
world for example segregation of the blacks in America and apartheid in South Africa and the rest
of Africa under colonial rule.
Under the Convention ICERD) State parties are expected to do the following:-
i. Condemn racial discrimination, segregation and apartheid.
ii. Condemn ideas that promote the superiority of one race or a group of persons
of one colour.
iii. Use effective measure such as education, culture and information with a view
of combating prejudices which lead to racial discrimination.
b) The Convention on the Elimination of all forms of Discrimination against Women (CEDAW).
(International Bill of Rights for Women)-1979
The Convention was adopted by United Nations in 1979 after recognizing the need for the human
rights instrument that directly addresses women‟s issues, protects and promotes their socioeconomic rights.
In short signatories to their Convention are obliged to exercise equal treatment of women and men
(male and female).
Under this Convention (CEDAW) State parties are expected to undertake, among other things:-
i. To domesticate the principle of equality of men and women in their
legislation (laws)
ii. To eliminate all forms of discrimination against women.
iii. To establish legal protection of the rights of women on an equal basis with
men.
iv. Modify or abolish cultural practices which constitute discrimination against
women.
v. To eliminate discrimination against women in all matters relating to
marriages and property.
c) The Convention Against Torture and Other Cruel Inhuman or Degrading Treatment
(CAT)-1984
This Convention came into being on 10th December 1984 and Zambia signed in 1998. The purpose
of this Convention was to forbid absolutely without any reservation torture and inhuman or
degrading treatment or punishment.
The State parties are expected to do the following:- (Provisions of the Convention)
i. Prohibit torture.
ii. Punish torturers.
iii. Educate citizens on the evils of torture.
iv. Rehabilitate the victims of torture through counselling.
v. Control the systems of interrogation and detention (Police Custody)
vi. Not to „refouler‟. This means to send back a person to a country where he or
she is likely to undergo torture.
d) The International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (CMW)-1990
This Convention was adopted in December 1990 by the United Nations Geneva Assembly. The
States that ratify or accede to the Convention are expected to ensure that migrant workers whose
rights have been violated may seek judicial remedy.
Categories of migrant workers outlined by the Convention.
i. Frontier Workers: Who live in a neighbouring country to which they return
daily or at least once a week.
ii. Seafarers: employed on water vessels registered in a country other than
their own.
iii. Seasonal Workers: Who get work in foreign countries during specific
seasons such as the harvesting season.
iv. Workers on offshore installations: which are under the authority of a
country other than their own.
v. Itinerant: Workers who move from place to place in search of work.
vi. Migrants employed for a specific project: For example, construction of
roads, dams, industrial plants among others
vii. Self-employed workers: working for oneself.
The following are some of the provisions of the CMW.
i. Non-discrimination of migrant workers and their families without
distinction of any kind, such as sex, race, colour, language, religion,
national, ethnic, age, origin.
ii. Migrant workers and members of their families shall be free to leave any
State including their State of origin.
iii. The right to life of migrant workers and their families shall be protected.
iv. No migrant worker or member of his or her family shall be required to
perform forced or compulsory labour.
v. No migrant worker or member of his or her family shall be held in slavery
or servitude.
Explain the provisions of the African Charter on Human and People’s Rights?
The African Charter on Human and People‟s Rights (also known as the Banjul
Charter) is an International Human Rights Instrument that: is intended to promote
and protect human rights and basic freedoms in the African Continent.
It was adopted on 27thJune 1981 and was entered into force on 21st October, 1986.
The following are some of the provisions of the African Charter on Human and
People‟s Rights:-
i. Respect of one‟s life.
ii. Equal protection of the law.
iii. Right to liberty and security of a person.
iv. Right to be heard.
v. Freedom of conscience, the profession and free practice of religion should
be guaranteed.
vi. Right to receive information, rights to express and disseminate his opinion
freely.
vii. Right to associate freely.
viii. Everyone should be equal; nothing shall justify the domination of one
person by another.
ix. Family shall be national unit of the society and shall be protected by
government.
x. Right to national and international peace.
xi. Right to education
Describe Children’s Rights
A child according to the International Law is a person under the age of 18 while a right is
a lawful claim a person expects from the society. Therefore, Children‟s Rights are rights
which are enjoyed by persons below the age of 18.
Describe the four (4) principles of the United Nations on the Rights of the Child
(UNCRC)
The United Nations Convention on the Rights of the Child was adopted by the United
Nations on 20th November, 1989 and entered into force in 1990 and it is based on the
following principles:-
i. Non-Discrimination: No child should be treated unfairly on any basis such as; their
language, their parents being poor or rich, race, religion or abilities.
ii. The best interest of the child: All adults should do what is best for children. The best
interest of the child should be the primary concern for the parents/guardians, the
government and the entire community at large
iii. Survival and Development: Children have the right to live. Therefore, government
should ensure that children survive and develop healthily. For the children to develop,
they need education, play and leisure, access to information among others.
iv. Participation: The Convention encourages adults to listen to the opinion of child and
involve them in decision making. However, this does not mean giving children authority
over adults, but giving them room to contribute according to their ability.
. Discuss the provisions of the UNCRC and the two (2) optional protocols.
The UNCRC is composed of 54 articles/provisions with two (2) Optional Protocols. The
Following are some of the provisions:-
i. The right to have a name and nationality. Every child is entitled to a name, nationality and
has the right to know her/his parents and to be cared for.
ii. Freedom of thought, conscience and religion: Children are free to think and believe what
they want and to practice their religion. However, parents have a duty to guide their children in
these matters.
iii. Right to Privacy, Honour, Reputation: This right is for the protection of his or/her privacy,
family, home, unlawful attacks on his or her honour and reputation.
iv. Non-Separation from parents: This right ensures that if the child is separated from his or her
parents, he or she has the right to keep contact with his or her parents.
v. The right to Health and Health Services: Children have the right to good quality health care;
safe drinking water, nutritious food, clean and safe environment.
vi. Right to Education: All children have the right to a Primary Education which should be free.
The School environment should be conducive for learning in a free and friendly atmosphere.
vii. The right to place and recreation: Environments should recognize the right of the child to
rest and leisure, to engage in play and recreational activities appropriate to the age of the child
and to participate freely in cultural life and arts.
viii. Protection from child labour: This is the right of the child to be protected from economic
exploitation and from performing any work that is likely to be harmful to the child‟s health or
physical, mental, moral or social development.
ix. Protection from sexual exploitation: Children should be protected from all forms of sexual
abuse example defilement.
x. Children with disabilities: This right provides that a disable child has the right to special care,
education and training to help him or her full and decent life
xi. Parental responsibility: This provision give both parents joint primary responsibility for
bringing up their children and should always consider what is best for each child.
UNCRC Optional Protocols
i. The CRC first Optional Protocol (CRC-OP-AC): It prohibits the sale of children, child
prostitution and child pornography.
ii. The CRC Second Optional Protocol (CRC-OP-AC): It prohibits the involvement of children
in Armed Conflicts. It ensures that persons below the age of 18 are not compulsorily recruited
into Armed Forces.
