FUNDAMENTAL HUMAN RIGHTS

The basic features of human rights can be summarized in six points as follows

1. People have rights simply because they are human and as such they are entitled to lead a
humane and dignified life. Human rights seeks to ensure the condition that makes life as
humane as possible and enable people to live together in harmony and mutual respect.
2. Human rights are universal, applying equally to all peoples around the world regardless
of who they are and where they live and come from
3. Following the principle that all humans are born free and equal in rights and dignity,
Human rights treat all people as equal.it does not require that all people should be treated
exactly the same or regarded as same but it requires that people should be treated equally
and given equal opportunities. Human rights respect variations in human cultures, and
also recognizes that people are different in race colour, gender, language, political
ideology, and social origin .nevertheless, concerning their rights and dignity people are
all the same. Thus governments are expected to provide equal and effective protection of
human rights tailored to all regardless of differences.
4. These rights are primarily the rights of individuals. Human rights addressed directly the
relationship between government and individuals Every human has a claim upon his/her
society and government arising as a matter of rights and not privilege or special favour.
The society and government are under the obligation to address and satisfy the claim, to
the greatest extent possible, claims arising from these rights.
5. Human rights encompasses the fundamental principle of humanity
6. The promotion and protection of human rights are not bounded by the frontiers of
national states; it holds each nation accountable in respecting and promoting human
rights.

The denial of rights has been the major trigger of conflicts, breakdown of peace and harmony
and an outright outbreak of wart throughout the existence of humans on earth the universal
Declaration of Human Rights is a creation of the United Nations Organisation, it was adopted
by member states in 1948 for the universal recognition of human rights as rights given by
God. This is the document that forms the basis of the provision of fundamental rights in the
constitution of all sovereign states. These can be found in chapter 4 of the constitution of
Nigeria 1999. Sections 33 to 44 stated the rights referred to as fundamental rights as follows:

Right to life, right to dignity of human person, right to personal liberty, right to fair hearing,
right to private and family life, right to freedom of thought, conscience and religion, right to
freedom of expression and the press; right to peaceful assembly and association; right to
freedom of movement; right to freedom from discrimination and the right to own immovable
property. Derogation from fundamental rights stated in section 45 was to put certain
restriction on exercise of rights so as not to create unbridled freedom which may be
detrimental to the wellbeing of the society. See the cases of Musa v. State (1993)2NWLR pt
277, 550 CA, Bello v AG, Oyo state(1986) 5 NWLR (pt 45)828 SC, Adeniji v state (2000) 2
NWLR pt 645 354 CA.

For the purpose of enforcement of right under chapter 4 of the constitution, section 46(1)
states that ’any person who alleges that the provision of this chapter has been ,is being or is
likely to be contravened in any state in relation to him may apply in the high court of that
state for redress. The procedure for the enforcement of these right are provided for in the
Fundamental Rights (enforcement) Procedure Rules made under the power given by the
constitution to the CJN see section 46(3)