7/4/2015 1. INTRODUCTION CONCEPT OF HUMAN RIGHTS EVOLUTION OF RIGHTS RIGHTS UNDER UNITED NATIONS & AFRICAN UNION FUNDAMENTAL HUMAN RIGHTS IN NIGERIA CONCLUSION.

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Presentation transcript:

7/4/2015 1

INTRODUCTION CONCEPT OF HUMAN RIGHTS EVOLUTION OF RIGHTS RIGHTS UNDER UNITED NATIONS & AFRICAN UNION FUNDAMENTAL HUMAN RIGHTS IN NIGERIA CONCLUSION 7/4/2015 2

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 7/4/2015 3

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 7/4/2015 4

Rights and religions Rights as a natural phenomenon Rights and judicial enforcement 7/4/2015 5

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, Inter- American Convention on Human Rights, 7/4/2015 6

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 7/4/2015 7

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 7/4/2015 8

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, /4/2015 9

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 7/4/

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 7/4/

THANKS FOR LISTENING 7/4/