Tag Archives: Human Rights

Police Brutality and Violation of Human Rights in Nigeria – Causes and Implications (Published)

This research work examines police brutality and violation of human rights in Nigeria – causes and its implications. The objectives of the study is to establish some cases of police brutality in Nigeria; to investigate the causes of police brutality and violation of human rights in Nigeria; to ascertain the implications of police brutality in Nigeria and to recommend ways to prevent police violence in Nigeria. To be able to achieve these objectives, four research questions were raised, such as, are there testimonies and evidences of human rights violation in Nigeria by the police? What are the causes of police brutality and violation of human rights in Nigeria? What are the implications of police brutality in Nigeria? How can police brutality and violation of human rights be prevented in Nigeria? The study made use of descriptive analytical method to analyze data gotten from secondary source such as academic journals, Newspaper publications, Television documentaries, Internet, relevant textbooks etc. Albert Bandura Social learning theory was adopted in this research, which explains that police, violates people’s right with impunity because they watch as other officers who violate people’s rights are not well sanctioned. The research reveals that police brutality in Nigeria has led to loss of lives, torture of detainees and extortion of suspects. Some of the recommendations are; The Nigerian police commission should strictly investigate and sanction erring officers, there should be a proper police reform, men of the Nigerian police should be subjected to a thorough mental examination before engaging them to service etc.

Keywords: Human Rights, human rights of Nigeria, police brutality

Respect for and Protection of Human Rights: An Imperative for Peace, Security and Development in Liberia (Published)

This Article analyses the role human rights culture plays in ensuring peaceful, secure and developed society, using Liberia as a case study. While it posits that human rights is subject to contestable philosophical underpinnings that there is seldom a universal consensus on its meaning, it adopts the United Nations definition which combines the perspectives of the natural law and legal positivism to form what it terms ‘inclusive legal positivism’. It accordingly defines human rights as those global standards of morality that are inherent in human beings by virtue of their humanity and protected by national governments and comity of nations through national laws and treaties. It argues that respecting the dignity of the human person is a recipe for peace, which in turn will enhance national security and sustainable development in the country. Example is when the State alleviates poverty which creates inequality and non-discriminatory tendencies, human rights is advanced, peaceful society is enthroned which can lead to development. It concedes that Liberia has adequate normative framework to respect human rights, but analysis of the three human rights obligations of Government namely – to respect, to protect and to fulfil human rights indicates that non-state actors like Liberia National Bar Association (LNBA) have crucial role to play in translating the dry letters of human rights in the constitution and other regional and international treaties into veritable tools  that will improve the lives and dignity of Liberians and residents alike including the women folks. It concludes that respect for human rights is indispensable for sustainable Peace, National Security and Development in any given society and calls on Liberian government to put in place structures and systems that are responsive in respecting and protecting human rights.

Keywords: Human Rights, Imperative, Peace, Protection, Security, development liberia

Human Rights as the Foundation for Ethical Practice of Law (Published)

Citation: Uchenna Emelonye  and Francis Igiriogu (2022)  Human Rights as the Foundation for Ethical Practice of Law, Global Journal of Politics and Law Research, Vol.10, No.1, pp.1-14

Abstract: This Article is a reflection on the importance and foundational role human rights play in the Ethics and Code of Conduct of the legal profession generally and specifically as it relates to the Liberian National Bar Association. It submits that human rights represent the minimum standards with regard to decent treatment of human beings anywhere, notwithstanding the location or culture of persons involved. As a result this makes human right principles an indispensable reference point and guide when formulating rules of professional ethics and code of conduct. It contends that this accounts why ethics should promote human rights and respect to human rights principles should be the basis for any ethical codes. It concludes that, this being the case, any code of conduct that violates human rights, such code has ab initio lost its legitimacy and moral basis to be code of conduct.

Keywords: Human Rights, Law, ethical practice, foundation

Learning in second-chance schools during COVID-19 Case study: Legal framework and distance learning platforms in Greek prisons (Published)

Citation: Athanasios Giannoulis , Leonidas Theodorakopoulosa and Hera Antonopoulou (2022)  Learning in second-chance schools during COVID-19 Case study: Legal framework and distance learning platforms in Greek prisons, European Journal of Training and Development Studies, Vol.9 No.1, pp.13-19

Abstract: In this research paper we focus on the problems concerning inmates’ access to education through Second Chance Schools operating within penitentiaries due to the Covid-19 pandemic. A specially encrypted platform has been created through open-source software that can provide distance learning and does not allow access to any part of the internet other than the learning process.

Keywords: COVID-19, Education, Human Rights, e-platform

Pedagogy for Teaching and Promoting Social Justice and Human Rights in Early Childhood Educational Institutions in Nigeria (Published)

Every state is desirous of quality and meaningful development where empowerment, emancipation and liberation of the citizens is key. Achieving and enjoying a state where empowerment, emancipation and liberation of the citizens are norms can only be possible through education especially one that is provided to citizens in their early childhood days and in an atmosphere where the fundamental human rights of the citizens and the citizens’ pursuit of other socio-moral and socio-political ideals are guaranteed. An educational provision that promises the Nigerian society such value-laden ideals is one that is deep-rooted in social justice and human rights. Using the philosophical method, this paper focuses on the pedagogy for promoting social justice and human rights among early learners in Nigeria. The study is strongly anchored on the position that early and sound foundations of Nigerian learners on issues that border on social justice and human rights (individual welfare, public welfare or national interests) have potentials to challenge learners into indulging in abstract, creative and critical thinking that revolve around human welfare and the welfare of the state. The study concludes by raising pedagogical signposts through which the ideals of social justice and human rights can be inculcated in early childhood learners in Nigeria.

Keywords: Early Childhood Education, Empowerment, Human Rights, Pedagogy, Social Justice, early childhood learners

The Interaction between Human Rights and National Security in Nigeria (Published)

Observance of human rights is a cardinal principle for the survival of any democratic society just as ensuring national security is a vital interest for any nation. Nigeria has been under an unbroken democratic governance since 1999 and democracy can hardly exist in its real sense anywhere without the observance of human rights. This topic became of interest in Nigeria because of the problem of insecurity that got to a very high level. The security challenges are obviously enormous and very disturbing. These challenges are in form of terrorism, insurgency, banditry and kidnapping among others. In the midst of these challenges that threaten the very existence of the country, perpetrated mainly by non-state actors, some people feel that human rights should be relegated to the background in order to effectively deal with the security challenges. That is the research problem. It is however pertinent to note that without the observance of human rights, and rule of law generally, it will be difficult to ensure national security. Doctrinal and teleological research methods were used in this work. Doctrinal method through the use of the relevant Nigerian laws. Teleological method was used in terms of the experience of the researcher as a practicing lawyer that has handled some human rights cases in Nigerian courts. The paper found that Nigerian laws made enough provisions for both the respect for human rights and for ensuring national security which only need to be implemented fully and to allow the courts to decide the way forward when there is a conflict between human rights and national security.

 

Keywords: Administration of Criminal Justice Act, Constitution, Dokubo-Asari, Federal Republic of Nigeria, Human Rights, National Security, Terrorism Prevention Amendment Act.

Non-Governmental Appraisal of the Frameworks for the Promotion and Protection of Human Rights in Nigeria (Published)

Non-governmental organization are key actors in human rights promotion and protection in Nigeria. As also key players in international human rights mechanisms and particularly the Universal Periodic Review (UPR) process of the Human Rights Council (HRC), non-governmental stakeholders in Nigeria have participated in the three UPR circles of Nigeria and submitted reports appraising the normative and institutional frameworks for the promotion and protection of human rights. As a creation of the HRC in 2006, the UPR is a peer mechanism to review, on a periodic basis, the human rights records of all Member States of the United Nations based on three distinct sources of information submitted to the HRC. One of such sources of information is the reports from non-governmental organization operating in Nigeria classified as ‘other reports’ and compiled by the United Nations Office of the High Commissioner for Human Rights.  Focusing on the ‘other reports’ submitted to the HRC on the normative and institutional frameworks for the promotion and protection of human rights in Nigeria, this article which is descriptive in nature concludes that despite advances claimed in its national UPR reports by the Government of Nigeria, non-governmental stakeholders are still of the view that there are evidently several weaknesses in the normative and institutional frameworks for the promotion and protection of human rights in Nigeria.

Keywords: Civil Society, Human Rights, Nigeria, non-governmental, normative and institutional framework, universal periodic review

Sentencing and the Scope of Deportation in Nigeria (Published)

This paper examined the scope of deportation within the deterrent framework of Nigerian Criminal Justice System. Various legal provisions for its operation and judicial attitudes were discussed. The paper equally examined various acts of internal deportation carried out by the Executive Arm of Government with impunity, against the poor and proffered lasting solutions to the problem.

Keywords: Constitution, Human Rights, deportation, sentencing

National Human Rights Commission, Citizenship Education and the Prospects of Citizens’ Rights Protection for Peace and Stability in Nigeria (Published)

Human rights are critical to sustainable livelihoods. This is why most states established human rights institutions to prevent the violations of rights by individuals and states. This paper explores the relevance and oversight functions of the National Human Rights Commission (NHRC) in addressing Nigeria’s poor human rights protection complexities. The paper establishes the linkages between citizenship education and necessity for human rights protection with emphasis on the legal framework of the NHRC, the mechanisms for rights protection by the commission and the performance of the NHRC so far. The paper concludes that having people well informed about their duties as citizens of Nigeria, and the effectiveness of human rights monitoring would sustain the capacity of the state to reduce human rights abuses in the post-COVID-19 era, when individuals and governments are struggling to address development and economic challenges.

 

Keywords: Citizenship Education, Human Rights, NHRC, Nigeria

The Right of Citizens to Keep and Bear Guns: A Violation of the Article 3 and 25 of the Universal Declaration of Human Rights- Study Case of USA, South Africa, France and India-Recommendations to United Nations Based on China’s Experience (Published)

This article raises the issue of the right of citizens to keep and bear guns. The right of citizens to keep and bear guns is the right conferred by governments to people to own a gun   for the purpose of self-defense. However, for more than two decades, this right has become a tool of violation of human rights across the world, justified by a high rate of gun related deaths, violence and gun delinquency. More than two hundred thousand people die by private guns every year around the world, either by homicide or suicide. Amnesty International talks about a human right crisis, putting the life of seven billion of people in danger, threatening global security and peace, and causing serious consequences on the socioeconomic life of the countries, in violation of the Article 3 and 25 of the Universal Declaration of Human Rights (UDHR). Based on the case of USA, South Africa, France and India, this article shows the consequences that this legislation causes on the humanity, demonstrates the efficiency of the China’s gun policy and recommends to United Nations to require to State members to abolish the right of citizens to guns following China’s experience, and to establish a world day against the right of citizens to guns.

Keywords: Human Rights, United Nations, china’s experience, guns-violation, right of citizens, universal declaration

The Impact of Human Rights on Good Governance and Sustainable Development in Nigeria (Published)

Human rights and good governance are the salient elements of a well-functioning state and society. They are also mutually reinforced; for human rights principles provide a set of values to guide the work of government and other political and social actors. Good governance on the other hand is a key to sustainable development and without good governance human rights cannot be respected in a sustainable manner. The three concepts thus work hand in hand. However in countries like Nigeria where democracy and rule of law have not been fully nurtured the move towards implementing human rights and good governance principles into the daily functioning of state institutions can be a huge challenge. The probability that a nation will achieve the aims of sustainable development and participative democracy are all the greater if human rights are respected. The aim of this article is to ascertain the level of observance of respect of the human rights in Nigeria by the government authorities and other social actors and the impact such observance or otherwise has on governance and development in Nigeria. It is observed that though the Constitution of the Federal Republic of Nigeria, 1999 (as amended) makes an elaborate provision on human right, and that Nigeria has acceded to numerous international instruments on human rights, the problem of bad governance with the resultant inadequate development has a link with failure of the authorities that be, to adequately appreciate the requirements of human rights and apply them in governance. Furthermore a lot of the basic human rights as contained in Chapter II of the Nigerian Constitution are not enforceable, thus failure of the authorities to observe them cannot be questioned. It is advocated.

Keywords: Democracy, Good Governance, Government, Human Rights, Sustainable Development

Pedagogy for Teaching and Promoting Social Justice and Human Rights in Early Childhood Educational Institutions in Nigeria (Published)

Every state is desirous of quality and meaningful development where empowerment, emancipation and liberation of the citizens is key. Achieving and enjoying a state where empowerment, emancipation and liberation of the citizens are norms can only be possible through education especially one that is provided to citizens in their early childhood days and in an atmosphere where the fundamental human rights of the citizens and the citizens’ pursuit of other socio-moral and socio-political ideals are guaranteed. An educational provision that promises the Nigerian society such value-laden ideals is one that is deep-rooted in social justice and human rights. Using the philosophical method, this paper focuses on the pedagogy for promoting social justice and human rights among early learners in Nigeria. The study is strongly anchored on the position that early and sound foundations of Nigerian learners on issues that border on social justice and human rights (individual welfare, public welfare or national interests) have potentials to challenge learners into indulging in abstract, creative and critical thinking that revolve around human welfare and the welfare of the state. The study concludes by raising pedagogical signposts through which the ideals of social justice and human rights can be inculcated in early childhood learners in Nigeria.

Keywords: Early Childhood Education, Empowerment, Human Rights, Pedagogy, Social Justice, early childhood learners

Education for Sustainable Development (SDG 4.7): It’s Implementation in Nigeria (Published)

Sustainable Development Goals (SDGS) refer to the global initiatives that developed and developing nations have signed up to for the purpose of guaranteeing the best quality of life in 17 broad areas of human needs. SDG 4 is about quality education. SDG 4.7 focuses on education for sustainability, sustainable living/lifestyle, human right education, peace education gender inequality, global citizenship and how they should impact on quality education. These global educational contents are expected to be mainstreamed into the school curriculum at various educational levels. This paper clarifies each component of the SDG 4.7 and explains how best the new subject matters can be integrated into the Nigerian school curriculum as well as implemented in our daily living. Two ways whereby the new curriculum contents can be mainstreamed are either to create new school subjects or, to infuse the new contents into existing subjects in the curricula. This latter option is preferred and so recommended because the curricula of our schools are already too over-loaded to accommodate more subjects. The guidelines for the recommended infusion are made. The place of the teacher in implementing the new curriculum areas is emphasized. Recommendations are made for reorienting teachers towards more effective implementation of the new curricula through pre-service and in-service training. The pedagogical practices that will facilitate the attainment of Goal 4.7 are described, including appropriate teachers preparation, improved methods, resources, and facilitates. Also stressed is the need to accommodate all categories of children- the normal and disabled, boys and girls in the provision of furniture, play facilities and toilet facilities among others.

 

Keywords: Gender Inequality, Global Citizenship., Human Rights, Peace Education, Sustainable Development

The Persistent Breach Of Human Rights by Personnel of the Nigerian Police Force as Recorded in 2016 to 2018: A Call for International Attention (Published)

The rascality exhibited by the Nigeria police started way back from the colonial days till date. The Police Act, Administration of Justice Act, chapter four (4) of the Nigeria Constitution are the Codes that regulate and define the duties and mode of operation of the Police Force in Nigeria. The International law is also there as a global standard on human rights preservation. The primary objective of this paper is therefore to identify the reasons for frequent human rights abuses by the Nigeria police force and make recommendations toward stemming the tide. This paper reviews the Human rights abuses by the Nigeria police force in the years 2016-2018 by reference to the International law, Constitution, Police Act, Internet sources, Newspaper scholarly publications and text books. The findings in this paper are that the Nigeria police force has not been fair to the Nigeria masses. There are lapses in the training and orientation of Nigeria police force, the officers and the rank and file. The Nigerian Constitution guaranteed human rights protections. Similarly some domestic legislation had been passed protecting the Human rights. This paper brings to the bare a few cases and instances the Nigeria police force personnel had exhibited unbridled rascality  in utter disregard for citizens lives and the dignity of human person.  This paper makes recommendations toward ensuring that the police keep to their statutory role of protecting lives and property and eschew bitterness in discharging their duties.

Keywords: Constitution, Human Rights, human torture, investigations, rascality

Human Rights within the EU Prior to the Existence of the Charter (Published)

In addition to the adoption of U.D.H.R and E.C.H.R, the founding Treaties of the European Communities did not undertake any commitment to the protection of human rights at Community level. An explanation for this is the one that relies on the purpose of creating the EU, which was the creation of a common market, putting emphasis on the economic and functional aspects. The treaty establishing the European Economic Community (Treaty of Rome-1957) contained only a few fundamental rights, the foremost of which was the prohibition of discrimination on the grounds of nationality. However, it is understandable that, despite the lack of projections therein, treaties were not intended to violate of human rights. The 1986 Single Act made a direct reference to the notion of the protection of human rights for the first time. Maastricht’s treaty (1992) undertook a more concrete step, stating in its Preamble the observance of human rights in more specific way.

Keywords: Charter, EU, Human Rights

The Link between the Eu and the Echr (Published)

The ECHR has played a major role in incorporating the ECHR as part of the EC’s general principles, which assured the EU and its institutions to look at issues from the perspective of human rights. The ECHR has considered the convention as an unwritten human rights record in the EU. However, this was not enough to avoid the uncertainty in protecting human rights in the EU. The Treaty of Amsterdam for the first time became a general reference to the convention. An important step is considered Article 6 (2) of the Amsterdam Treaty. With the new status of the Charter following the Treaty of Lisbon, there are two international human rights documents belonging to the two supranational organizations, closed: on the one hand, the Council of Europe and the ECHR convention with the jurisprudence of her and in turn the Card inspired more by the ECHR and its jurisprudence. The question posed by this point is: Is the Charter a competitive or a threat to the convention system? Does the Charter come as an alternative to the Convention on the Protection of Human Rights in the EU?

Keywords: ECHR, EU, Human Rights, Treaty of Lisbon

Fetus-Abortion: Is It Violating Human Rights (Published)

Abortion today is a burning issue. The question related to it was raised by Feminists – whether a woman has right over her body or not? A fetus is developed within the body of a woman hence the concept of abortion is related with the notion of feminism closely. It is moral to use if the life of the mother is in danger. But one can illegally use this medical process to abort only female child (female infanticide). Thus there is high chance to misuse this medical tool. However in this present dissertation I want to focus on the question of abortion from the point of view of human rights. 

Keywords: Abortion, Female Infanticide, Feminism, Fetus., Human Rights

Irregular Migration by Sea: Contemporary Incidents in the Mare Nostrum – The Transition from State-Based Action to Humanitarian-Drive Regional Controls (Published)

Irregular sea migration has proven to be a popular means of escaping violence and armed conflict. Events after the Arab Spring in 2011 caused a lot of irregular sea migration over the Mediterranean to Europe. This created serious problems and concerns. The purpose of this research is to examine the rights of irregular sea migration in international law, constraints of states in accepting these irregular migrations and propose a solution to the problem. The paper identifies that the right to life is a fundamental legal provision that irregular sea migrants have. Therefore, it is imperative for all state and non-state actors to honor this. This can best be done by viewing the sea in a regional rather than national context. This way, states can unite and share the challenges of dealing with common issues within a regional context.

Keywords: Dublin III, Human Rights, International law, Irregular, Mare Nostrum, Mediterranean, Migration

Democracy and Human Rights in Nigeria: A Critical Inquiry (Published)

Democracy has been generally acclaimed as the best protector of human rights amongst all forms of government. In many democratic nations of the world this is evidential, but in Nigeria the story is different. Democratic government of Nigeria, with regard to the issue of human rights protection is not too different from military dictatorship. It has been observed and rightly too, that government agencies are the worst violators of human rights and tacitly backed by the government. This paper challenges the Nigerian government that was democratically elected to uphold her statutory and definitional responsibility of respecting, protecting and enhancing human rights of her citizens and punish decisively any abuses of human rights. The citizens also should not be complacent about this, they should protest legitimately against such violations bearing in mind that violation of their rights dehumanizes them which should not be the case.

Keywords: Abuses, Democracy, Human Rights, Nigerian Government, Violations

Linkage between Independence of Judiciary System and Human Rights, Albania’s Case (Published)

Principle of separation of powers is reflected in albanian constitutional system. There are intense debates among constitutionalists about recent developments of this principle. Tripartite system of separation of powers lies in the prediction of independence of judiciary system. Independence of judiciary system is a legal requirement, a core principle of rule of law, a human right guaranteed by democratic constitutions all over the world and as well as a means to enjoy other human rights. Albanian Judiciary System has made limited progress toward independence and impartiality. Regarding legal framework, Albania adopted essential set of laws, even that there are some laws passed by legislative bodies which according to Constitutional Court Verdicts are unconstitutional and violate independence of judiciary system. Another debatable issue it is the composition of High Council of Justice, membership of President of Republic and Minister of Justice. Two parallel inspectorates as Inspectorate of Ministry of Justice and Inspectorate of High Council of Justice overlap each other competences and undermine judiciary independence and intimidate judges. The main research question is about the linkage between independence and impartiality judiciary system and human rights. Dealing with laws ensuring independence, as well as with some legal provisions violating it we will reach into important conclusions

Keywords: Human Rights, Impartiality, Independence, Judiciary system