Fundamental human rights

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4/13/2015
FUNDAMENTAL HUMAN RIGHTS
BY
PROF.WAHAB EGBEWOLE
10TH JUNE,2014.
DELIVERED AT NIGERIA ARMY SCHOOL OF EDUCATION, SOBI, ILORIN
[email protected] 07031084046
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OUTLINE
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INTRODUCTION
CONCEPT OF HUMAN RIGHTS
EVOLUTION OF RIGHTS
RIGHTS UNDER UNITED NATIONS & AFRICAN
UNION
FUNDAMENTAL HUMAN RIGHTS IN NIGERIA
CONCLUSION
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INTRODUCTION
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RIGHTS AS OPPOSITE OF WRONGS
WRONGS AS FUNCTION OF LAW AND MORALITY
RIGHTS AND DUTIES
RIGHTS AND JUSTICE- THE LAW OF THE JUNGLE
CHARACTERISTICS OF RIGHTS- vesting in person, avails
against person, relates to something etc
LIBERTY AS A COROLLARY OF RIGHTS
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CONCEPT OF RIGHTS
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Rights as a function of distributive justice
Distributive
justice
&
corrective
justice
phenomenon-equal distribution versus restoration
of equality
Equal rights or equity?
Freedom and justice emphasized by rights
Rights as a denominator of democracy or
democratic values
Military and rights equation
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CONCEPT (CONTD)
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Rights and religions
Rights as a natural phenomenon
Rights and judicial enforcement
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EVOLUTION OF RIGHTS
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Natural Law developmental process
1776 Bill of Rights
Universal Declaration of Rights, 1948
International Covenant on Economic, Social and
Cultural Rights
International Covenant on Civil and Political Rights
Development Rights, 1986 Declaration- emphasis on
wealth and resources, gainful employment
Specialized Rights-CEDAW, Covenant on the Rights of
the Child
Regional intervention-Europen Social Charter, Inter6
American Convention on Human Rights,
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EVOLUTION OF RIGHTS (CONTD)
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Regional interventions also include African Charter on
Human and Peoples Rights, European Convention for
the Protection of Human Rights and Fundamental
Freedoms, Arab Charter on Human Rights, 2004
The dynamics of the evolution
Political subjugation and legal rejuvenation
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RIGHTS UNDER THE UNITED NATIONS AND
AFRICAN UNION
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1948 as a watershed-UDHR
- free born and equality in dignity and rights
- exterminating all forms of discrimination
- life, liberty and security of persons
- Family values
- In spite of UDHR apartheid survived, negro,
colored and whites dichotomy
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UNITED NATIONS & AFRICAN UNION (CONTD)
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African Union initiative as a bequeath of OAU
OAU Convention on Specific Aspects of Refugee
Problems in Africa, 1969
Protocol on ACHPR on the Rights of Women in Africa,
2003
African Charter on the Rights and Welfare of the Child,
1990
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FUNDAMENTAL HUMAN RIGHTS IN NIGERIA
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Constitutional evolution in Nigeria, 1960, 1963,
1979, 1989, 1999
Fundamental Rights provisions-Chapter four
imperative
Chapter four and military rule in Nigeria- Abacha v.
Fawehinmi a game changer
African Charter and Nigerian constitutional relations
Chapter two and the need for justiciability
Challenges of implementation
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CONCLUSION
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All citizen demand
Fundamental Human Rights-need for expansion
Judiciary as the rescuer
Political class and civil society matrix
Intellectual advocacy
Education as panacea
Economic emancipation as catalyst
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THANKS FOR LISTENING
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