Evaluating the Effectiveness of Human Rights Law in Nigeria
Chapter One
OBJECTIVE OF THE STUDY
The objectives of the study are;
- To ascertain the effectiveness of human rights in Nigeria
- To ascertain the causes, of abuse of human rights in Nigeria
- To assess whether all human rights are observed in Nigeria
CHAPTER TWO
REVIEW OF RELATED LITERATURE
Concept of Human Rights
The concept of human rights has been viewed from different political, sociological and philosophical perspectives. Socio-politically, human rights is a concept which regards human beings as having universal rights, or status, regardless of legal jurisdiction, and other localizing factors, such as ethnicity and nationality (Wikipedia, 2006). Philosophically, as observed by Hill (2006), human rights are based on social contract theories and their conception of natural rights. According to Forsythe (2000), human rights refer to the supposed basic rights and freedoms to which all humans are entitled. Murray (2006), form anarcho-capitalist orientation, explained human rights as a condition in which person’s ownership rights to his body and legitimate property rights are neither invaded nor aggressed against by person, group of persons, or government. In a domestic sense, the concept of human right refers to safeguards for the individual against arbitrary use of power by the government in relation to the following: 1. The well being of individuals; 2. The freedom and autonomy of individuals; and 3. The representation of the human interest in government. In addition, the concept of human rights deals with small subset of values that should be available for implementation by individual, other individuals, or government. These values are clearly stated in the constitution and are based on the legal and political traditions of every country including Nigeria. According to Wright (2006), these rights include the right of life, the right to an adequate standard of living, freedom from torture and other maltreatment freedom of religion and of expression, freedom of movement, the right to self-determination, the right to education, and the right to participation in cultural and political life. From these various points of view, fundamental human right can be explained as the basic universal inalienable social should be enjoyed by all human beings regardless of their religion, race, ethnicity, gender and status. In other words, fundamental human right, are rights that belong to all as human beings and citizens of a country. Human rights are held to be inalienable and belong to all human and that is why rights are clearly written in the constitution of nations. They are necessary for freedom and rights to the maintenance of a reasonable quality of life. For instance, it can be seen in the United States Constitution (1783) and French Declaration of Rights of Man and of the Citizen (1793) and the Nigeria constitution (1999). If a right is inalienable, that means it cannot be bestowed (e.g one cannot commit suicide or sell self to slavery). According to Charles (2006), rights may also be non- derogable (not limited in times of national emergency); these often include the right of life, the right to be prosecuted according to the laws that are in existence at the time of the offence only, the right to be free from slavery, and the right to be free from torture.
Philosophical Basis of Human Rights
Different theoretical approaches have been advanced to explain how human rights become part of social expectations. The biological theory considers the comparative reproductive advantage to human social behavior based on empathy and altruism in the context of natural selection. Other theories hold that human rights codify moral behaviour, which is a human social product developed by a process of biological and social evolution (associated with Hume) or as a sociological pattern of rule setting (as in the sociological theory of law the work of weber). This approach includes the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls). Natural law theory is built on “natural” moral order based on religious precepts, the assumed common understanding of justice, or the belief that moral behaviour is a set of objectively valid prescriptions.
CHAPTER THREE
RESEARCH METHODOLOGY
Research design
The researcher used descriptive research survey design in building up this project work the choice of this research design was considered appropriate because of its advantages of identifying attributes of a large population from a group of individuals. The design was suitable for the study as the study sought to an evaluating the effectiveness of human right law in Nigeria
Sources of data collection
Data were collected from two main sources namely:
(i)Primary source and
(ii)Secondary source
Primary source:
These are materials of statistical investigation which were collected by the research for a particular purpose. They can be obtained through a survey, observation questionnaire or as experiment; the researcher has adopted the questionnaire method for this study.
Secondary source:
These are data from textbook Journal handset etc. they arise as byproducts of the same other purposes. Example administration, various other unpublished works and write ups were also used.
Population of the study
Population of a study is a group of persons or aggregate items, things the researcher is interested in getting information on evaluating the effectiveness of human right law in Nigeria. 200 staff of human right commission, Uyo, Akwa Ibom state were selected randomly by the researcher as the population of the study.
CHAPTER FOUR
PRESENTATION ANALYSIS INTERPRETATION OF DATA
Introduction
Efforts will be made at this stage to present, analyze and interpret the data collected during the field survey. This presentation will be based on the responses from the completed questionnaires. The result of this exercise will be summarized in tabular forms for easy references and analysis. It will also show answers to questions relating to the research questions for this research study. The researcher employed simple percentage in the analysis.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
Introduction
It is important to ascertain that the objective of this study was on evaluating the effectiveness of human right law in Nigeria. In the preceding chapter, the relevant data collected for this study were presented, critically analyzed and appropriate interpretation given. In this chapter, certain recommendations made which in the opinion of the researcher will be of benefits in addressing the challenges of human right law in Nigeria
Summary
This study was on evaluating the effectiveness of human right law in Nigeria. Three objectives were raised which included: To ascertain the effectiveness of human right in Nigeria, to ascertain the causes, abuse of human right in Nigeria, to assess whether all human rights are observing in Nigeria. In line with these objectives, two research hypotheses were formulated and two null hypotheses were posited. The total population for the study is 200 staff of human right commission, Uyo. The researcher used questionnaires as the instrument for the data collection. Descriptive Survey research design was adopted for this study. A total of 133 respondents made up legal advisers, administrative staffs, senior staffs and junior staffs was used for the study. The data collected were presented in tables and analyzed using simple percentages and frequencies
Conclusion
The irresistible conclusion to draw is that human rights provisions in the Constitution are in significant respect not consistent with the contemporary conception, global goals and aspirations of human rights. It is imperative to note that the place of national constitutions in human rights protection cannot be overemphasized especially when it is appreciated that ultimately, effective protection must come from within the state. As noted by Steiner and Alston, the international human rights system does not place delinquent states in political bankruptcy and through some form of receivership take over the administration of a country in order to assure the enjoyment of human rights. Rather the international system seeks to persuade or pressure states to fulfil their obligations through one or another method – either observing national law (constitutional or statutory) similar to the international norms, or making the international norms themselves part of the national legal and political order
Recommendation
It is here advocated that the discriminatory provisions by which only Nigerians are entitled to the enjoyment of certain rights like freedom of movement and right to acquire immovable property guaranteed by sections 41 and 43 respectively should be removed as they are not only objectionable but constitute needless negation and deconstruction of global human rights jurisprudence. Without doubt, the institution of these constitutional reforms will enhance human rights protection in Nigeria
References
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