Definitions of Human Rights
"The concept of human rights have
severally been one theorist to the other. As it is today human rights have
become commonplace and of course universal or global entity yet there are
variations in terms of meaning and usage.
Whereas the concept is overwhelmingly universalized,
there is problem of transparency and sincerity in its observance, recognition
and application.
Human rights though are said to be common
among people of all nations of the world because they have been abused,
traumatized and trivialized. Knowledge, campaign and use of human rights spread
across globe because it has been rendered meaningless and innocuous without
losing its symbolic value (Ake, 1993). While it spread our society at the micro
level and the world in macro sense is repressive, and oppressive and violated.
According to the Oxford Advance Learner's Dictionary
rights are 'one of the basic rights that everyone has to be treated fairly and
not in a cruel way especially by their government'
The Oxford Concise Dictionary of Politics
(IAINMCLEAN), Human Rights are, "a
special sort o inalienable moral entitlements. They attach to all persons
equality, simply by virtue of their humanity, irrespective of race, nationality
or membership of any particular social group. They specify the minimum
conditions for human dignity and a tolerable life".
Obaseki (1999) in Anifowose and Enemuo
defines human rights as the rights of man or fundamental freedom... they are
legally recognized and protected to secure for each individual the fullest and
freest development of personality and spiritual, moral and other independence.
They are conceived as rights inherent in individuals as rational free willing
creatures not conferred by some positive law nor capable of being abridged or
abrogated by positive laws.
Agarwal (2005) in his book entitled
(Political Theory
Principles of Political Science) defines
human rights as
"form the essential conditions of good
life and which constitute the essentials of human progress". He further
stresses that in the absence of these rights, growth and development of human
personality is not possible.
Laski (1982) in his book entitled
"Grammar of
Politics defines human rights as those
"conditions of social life without which no man can seek to be himself at
his best".
Wide in Agarwa (2005) defines rights as a
reasonable claim to freedom in the exercise of certain activities. Rights are
"what we may expect from others, and others from us, and all genuine
rights are conditions of social welfare. Thus, the rights anyone way claim are
partly those which are essential to every man in order to be a rational human
person and partly those which are necessary for the fulfillment of the function
that society expects from him. They are conditioned by and corrective to his
social responsibilities Hobb House in Agarwal
(2005). Human rights are further defined as
elemental conditions ascribed to individual citizen by the government which
make life meaningful, enjoyable and interesting. By human rights citizens feel
sense of belonging and participatory in the process of nation building. By it
every citizen feels being wanted, loved, cared for and regarded by the
community and the government.
In the view points of classical scholars
like Thomas
Hobbes (1588-1679) J. J. Rousseau (1712-78)
and G. W. F.
Hegel (1770-1831) 'human rights presupposes
the process of creating congenial conditions for the happiness of men".
In essence, it means that absence of rights
makes the happiness of individuals depend on the chance benevolence of the
power that be (Gauba, 2004). Absence of rights may result into the government
degenerating into absolutism, authoritarianism, despotism and tyranny.
Rights entail some kind of benefits which
an individual group of individuals or community claim to restrict the
domineering tendency of the government or state.
They also consist of socio-economic and
political benefits which the state may extend to its citizens to improve the
quality of life. Rights may be deliberately claimed by the citizens to ensure
happiness, improved living condition and equal distribution of wealth.
To this end, it is stressed that while the
state exercises authority over the individual the individual in turn can claim
certain amount of rights from the state. Thus, relationship between the state
and individual citizens is said to be reciprocal, bilateral and at times
conflicting. It is on this basis that Gauba (2004) observes that "If the
state claims authority, individual must claim rights".
Also that individual owes allegiance
(loyalty) to the state and obeys its commands because the state serves his/her
interests.
Enemuo (1999) observes, that human rights
are inalienable rights that belong to the man by virtue of his humanity and
therefore should be granted and guaranteed to everyone.
They are basic entitlements which every individual
should enjoy in a society.
They can be defined as prerogative
conferred by law upon a person or a group. Rights and liberty of person are
always defined within the framework of the constitution of the state to become
a civic right (Olawale, 1980).
In as much as there is relationship between
the state and individual on the basis of human rights observance, Thomas Hobbes
portends that in situation when and where a state fails in its responsibility
in creating congenial atmosphere or condition for people's happiness and
enjoyable life, people can rebel by destroying the government and replace it.
This is considered as element of rights to remove, suspend and eliminate a
government by the people.
Liberty and rights and their practice or
observance are fundamental hallmarks of democracy. Democracy can only be said
to exist and practicable under the following conditions.
a. When citizens can freely express opinion
and exchange information, through the available media of communication and
information radio, television, newspapers.
b. When citizens can form and join
political parties and association of their choice to promote their political and
group interest without any form of intimidation, harassment etc.
c. When citizen can hold public meetings,
discussion and debate.
d. When citizen enjoy participatory right
either by way of choosing their representative in competitive elections,
formulation and implementation of policies, support the adoption or rejection
of policies, support candidates of their interests/choice.
e. Having the right to vote, recall and
sack a government, a political party and candidate or representative ruling and
acting contrary ot their socio-economic, political and legal aspirations rights
and interest.
f. Circumstance of economic justice and
freedom by having equal access to state or nations wealth by all citizens
irrespective of sex, status, ethnic and geopolitical affiliation. Economic
justice also dictates gainful employment by all, life more abundant, special
allowances to the jobless, aged and the disable.
The basic tenet of human rights connotes
the freedom of the individual with respect to personal action, the possession
and use of property, adherence to religious beliefs and worship. It can further
be included as right of protection against infringement by government, private
individual, or group of individuals. It can also mean personal security, lawful
rights which result from the existence of constituted authority or government.
Rights and liberty are expression of
citizenship that they are made to cover those legally satisfied citizens of a
country more as in the case of most modern states, whereas in medieval
societies they were not meant for slaves.
Finally human rights provision varies from
state to state and from society to society depending on the prevailing
ideological, socio-economic, political and cultural configurations of the
society in question. Though the universality of human rights is being
contended, criticized and rejected in recent time, it must be made clear that
the aspect of 'natural rights of individual is pervasive. It is a general
phenomenon.