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Chapter II

Human rights

 Introduction of human Rights


 Historical Background of human Rights
 Children's Rights
 Institutions that promote Human Rights
 Human Rights in Islam
 Human Rights in Somali
 Responsibilities of a Good Citizen
Human rights
• The concept of human rights acknowledges
that every single human being is entitled to
enjoy his or her human rights without
distinction as to race, color, gender , language,
religion, political or other opinion, national or
social origin, property, birth or other status.
Historical background to the United Nations Declaration for Human Rights

Documents asserting individual rights, such


the Magna Carta (1215), the English Bill of
Rights (1689), the French Declaration on the
Rights of Man and Citizen (1789), and the US
Constitution and Bill of Rights (1791) are the
written precursors to many of today’s human
rights documents
Cont.…..
The idea of human rights emerged stronger after
World War II. The extermination by Nazi
Germany of over six million Jews, Sinti and
Romani (gypsies), and persons with disabilities
horrified the world.
Cont.
• In April 1945, delegates from fifty countries
met in San Francisco full of optimism and
hope. The goal of the United Nations
Conference on International Organization was
to fashion an international body to promote
peace and prevent future wars.
Cont.…
On December 10, 1948. The thirty articles of
the Universal Declaration of Human Rights
UDHR were expected to serve as a "common
standard of achievement for all peoples and all
nations’ commitment to education, health,
work, and culture as well as legal and political
rights.
List of Basic Human Rights

1.Right to equality
2.Freedom from discrimination
3.Right to life, liberty, and safety
4.Freedom from slavery
5.Freedom from torture and cruel, inhumane punishment
6.Right to be protected by the law
7.Right to be treated in the same way as others by the law
8.Right to legal aid if rights are not respected
9.No arbitrary arrest, prison, or exile
10.
Right to a public and fair trial
Cont..
• 11. Right to be considered innocent until proven
guilty
• 12. Right to privacy and protection
• 13. Right to move within one’s country and to
leave/return to it when one wishes
• 14. Right to protection in another country if one’s
rights are violated in one’s own country
• 15. Right to be a citizen of one’s own country or
to become a citizen of another country
Cont..
• 16. Right to marriage and family
• 17. Right to own property
• 18. Freedom of religion
• 19. Freedom of opinion and speech; freedom
to give and receive information
• 20. Right to organize meetings
Cont..
21.Right to participate in government and in free
elections
22.Right to personal development by taking part in the
economic, social, and cultural life of the country
23.Right to work for fair pay and to join labor unions.
Right for women to receive pay equal to men’s pay.
24.Right to paid holidays and reasonable work hours
25.Right to food, housing, and medical care
Cont..
26. Right to an education
27.Right to participate in the cultural life of one’s
community
28.Right to a social and international order that
protects all these rights
29.Community duties are necessary for free and full
development of people
30.Right to all these freedoms without interference
by government or individuals
The International Convention on Children's Rights

 Although the United Nations touched on the


issue of children's' rights, the General Assembly
of the United Nations felt that there was need
for a separate document on Children's' Rights.
• In 1989 the United Nations ratified the
International Convention on Children's Rights
Charter which was adopted in 1990.
Cont…
The convention for Children's Rights included
among other basic needs the following:-

1. Adequate life style necessary for the


promotion of children's emotional, physical
and social development.
Cont.…..
2. Free and compulsory primary education
aimed at preparing children to participate
effectively in democratic governance.

3. Protection from all forms of child abuse,


human exploitation, discrimination, against the
girl child early marriages, child labour and other
forms of violations.
Institutions that promote Human
Rights
 The United Nations Centre for Human Rights
has its Headquarters in Geneva, Switzerland.
It has a liaison office in New York. The center is
headed by the Under Secretary for Human Rights.

• The functions of this organization are assists the


General Assembly, the Economic and Social Council,
the Commission on Human Rights and UN bodies to
promote peoples' rights and fundamental freedoms.
Cont.…

 It works in liaison with governmental, inter-


governmental and non-governmental organizations
to gather and collect information on Human Rights.

 It publishes articles on Human Rights issues. It also


offers secretarial services and substantive
information to UN organizations which advocate for
the promotion of peoples' rights.
Cont.…

Amnesty International sees to it that people, world over


are not tortured and imprisoned without fair trial. It ensures
that those who are imprisoned unjustly are released.

Human Rights Watch is an international human rights


organization that investigates and reports on abuses of
human rights around the world. Currently, it employs
around 450 people, mostly country-based experts, lawyers,
journalists, and human rights workers who work to protect
those at right.
Cont.…..
Anti-Slavery International is an international
organization committed to eliminating all
forms of slavery and similar practices. It is one
of the oldest human rights-based organizations
in the world that bases its work on the UN
treaties against slavery to influence decision-
makers and inspire global change.
Cont.…
The Center for Economic and Social Rights
(CESR) is an international human rights organization
promoting social justice through human rights. The
CESR upholds universal human rights of all people,
including the right to education, health, food, water
housing, work, as well as other economic, social and
cultural rights that are essential to human dignity. The
organization fights against extreme poverty and
inequality and holds governments and other actors
accountable to respect and fulfill human rights.
Cont.…..
The Open Society Foundation is an international
organization that works on building vibrant
societies with accountable governments and open
participation of all people. The organization
actively works on strengthening the rule of law,
respect for human rights, minorities,
democratically elected governments and civil
society organizations that will keep governments
accountable.
Cont.…..

The United Nations Commission for


Refugees sees to it that refugees are offered
asylum and Are provided with all basic human
requirements.
Cont.…..
 The Organization of African Unity through
its Charter sees to it that the people of Africa
respect each others' rights.
• It advocates for peace and security among
nations. It observes the concept of attitudes for
example, co-operation, tolerance, inter-
dependence and social justice.
Human Rights in Islam
In Islam, human rights are granted by Allah, not
by kings or legislative assemblies, and therefore
they can never be taken away or changed, even
temporarily, for any reason. They are meant to be
put into practice and lived, not to stay on paper or
in the realm of unenforceable philosophical
concepts or United Nation declarations.
Cont.…..
Allah is the absolute and the sole master of
men and the universe, and he has given each
man human dignity and honor, and breathed
into him of His own spirit, it follows that men
are essentially the same.
In fact, the only differences between them are
such artificial ones as nationality, color, or
race.
Cont.…
• The human rights and privileges granted to
humanity by Allah.
• Human blood is sacred in any case and cannot
be spilled without justification. Violating this
rule is equivalent to killing all of humanity:
Cont.…
• It is not permissible to oppress women,
children, old people, the sick or the wounded.
Women's honor is to be respected under all
circumstances.
• The hungry must be fed, the naked clothed,
and the wounded or diseased given medical
treatment regardless of their pro- or nti-
Muslim sentiments and activities
The Protection of Honor

The Qur'an does not allow one's personal


honor to be abused: You who believe,
• Do not let one set of people make fun of
another set.
• Do not defame one another
• Do not insult by using nicknames.
• Do not backbite or spear?
Cont.….
Security of Private Life:
The Qur'an guarantees privacy does not spy on one
another and Do not enter any houses unless you are sure
of their occupant's consent.
The Security of Personal Freedom
Islam prohibits the imprisonment of any individual
before his guilt has been proven before a public court.
This means that the accused has the right to defend him
and to expect fair and impartial treatment from the court.
Freedom of Expression:

• Islam allows complete freedom of thought and expression,


provided that it does not involve spreading that which is
harmful to individuals and the society at large. For example,
the use of abusive or offensive language in the name of
criticism is not allowed.  

• In the days of the Prophet, the Muslims used to ask him


about certain matters. If he had received no revelation on
that particular issue, they were free to express their personal
opinions
Protection from Arbitrary
Imprisonment:
• Islam states that each individual is responsible
only for his own actions. Therefore, he cannot
be arrested and imprisoned for the offenses of
someone else. We read in the Qur'an: No
bearer of burdens shall be made to bear the
burden of another.
Cont.….
• The Right to Basic Necessities of Life:
Islam recognizes the right of the needy to demand
help from those who are more fortunate: And in
their wealth there is acknowledge right for the
needy and the destitute.

• Equality before the Law


Islam gives its citizens the right to absolute and
complete equality in the eyes of the law.
Rulers Are Not Above the Law
According to the Islamic concept of justice,
absolutely no one is above the law, for all men
are equal. This point was made in a very
dramatic fashion by the Prophet himself.
One day, a woman belonging to a high and noble
family was arrested in connection with a theft.
The case was brought to the Prophet with the
recommendation that she be spared the mandated
punishment for theft (amputation of the hand).
Cont.….
The Prophet replied: "The nations that lived
before you were destroyed by God because they
punished the common man for their offenses and
let their dignitaries go unpunished for their
crimes.
Cont.….
• I swear by Him Who holds my life in His hand
that even if Fatima, the daughter of
Muhammad, had committed this crime, I
would have amputated her hand."
Human rights in Somalia
• Human rights in Somalia throughout the late
20th-century and early 21st-century were
considered dire, but have gradually improved over
the following years. Human rights are guaranteed
in the Federal Constitution which was adopted in
August 2012.
• A Human Rights Task Force was established in
February 2013 to firm up on the protection of
individual rights.
Cont.…..
• On August 1, 2012, a new Federal Constitution
 was adopted, which includes several statutes
related to equality as proposed by a Committee of
Experts (CoE).
• Women have since obtained greater representation
in the public sphere. According to the 
Inter-Parliamentary Union, 30% of seats in
Somalia's Federal Parliament are legally reserved
for women.
Cont.….
• According to the UN's Independent Human Rights
Expert on Somalia, local human rights protection has
gradually improved as government institutionalization
and legislative reform have taken root.
• In March 2014, Prime Minister Abdiweli
Sheikh Ahmed ratified three core International
Labour Organization conventions on behalf of the
Federal Republic of Somalia, including the 
Worst Forms of Child Labour Convention.
Cont.….
•  In December 2014, the Federal Parliament also
passed a new 54-point national Child Protection
Act, which had been formulated by the Ministry
for Women Affairs and Human Rights.
Additionally, the legislature concurrently ratified
the UN Convention on the Rights of the Child.
• President Hassan Sheikh Mohamud later signed
the treaty in January 2015, making Somalia the
195th state party to ratify the global Convention.
Somalia's national constitution

CHAPTER 2: FUNDAMENTAL RIGHTS AND THE DUTIES OF THE CITIZEN

• Article 10. Human Dignity


• Article 11. Equality
• Article 12. Application of the Fundamental Rights
• Article 13. Right to Life
• Article 14. Slavery, Servitude and Forced Labour
• Article 15. Liberty and Security of the Person
Cont.…..
• Article 16. Freedom of Association
• Article 17. Freedom of Religion and Belief
• Article 18. Freedom of Expression and Opinions
• Article 19. Inviolability of Home
• Article 20. Freedom of Assembly, Demonstration,
Protest, and Petition.
• Article 21. Freedom of Movement and Residence
• Article 22. Right of Political Participation
Cont.…..
• Article 23. Freedom of Trade, Occupation, and
Profession
• Article 24. Labour Relations
• Article 25. Environment
• Article 26. Property
• Article 27. Economic and Social Rights
• Article 28. Family Care
• Article 29. Children
• Article 30. Education
Cont.….
• Article 31. Language and Culture
• Article 32. Right of Access to Information
• Article 33. Just Administrative Decisions
• Article 34. Access to Courts and legal defense
• Article 35. The Rights of the Accused
• Article 36. Extradition of the Accused and Criminals
Cont.….
• Article 37. Refugees and Asylum
• Article 38. Limitation of Rights
• Article 39. Redress of Violations of Human Rights
• Article 40. Interpretation of the Fundamental Rights
• Article 41. Human Rights Commission
• Article 42. Duties of the Citizens
Cont.…
• Article 11 of the national constitution stipulates
that the state must not discriminate against any
individual on the basis of race, color, tribe or
ethnicity.
• Article 29 of Somalia's national constitution
defines a child as any individual under the age
of 18, and stipulates that "every child has the
right to be protected from mistreatment,
neglect, abuse, or degradation.
Responsibilities of a Good Citizen

A good citizen has a number of responsibilities. Some of


the most important ones are mentioned below.

1. To Obey the Law:


This is perhaps the most important responsibility of a
good citizen. A good citizen always obeys the laws of
his country and does not try to break them. He knows
that breaking the law can lead to chaos and disorder in
society and so, he always tries to uphold the law.
Cont.….
2. To Respect the Rights of Others:
A good citizen always respects the rights of
others. He knows that every individual has
certain basic rights which need to be respected.
He does not try to infringe upon the rights of
others and always tries to create an atmosphere
of mutual respect.
Cont.…
3. To Pay Taxes:
A good citizen always pays his taxes properly. He
knows that taxes are essential for the development
of the country and so, he does not try to avoid them.
He also tries to pay his taxes on time so that the
government can use them for the benefit of society.
Cont.…
4. To Be Honest:
A good citizen is always honest. He does not try
to mislead others or cheat them in any way. He
knows that honesty is the best policy and so, he
always tries to be truthful in his dealings with
others.
Cont.….
5. To Help Others:
A good citizen always tries to help those who are
in need. He knows that it is his responsibility to
make sure that everyone in society has a fair
chance at success. He also tries to lend a helping
hand to those who are less fortunate than him.
Cont.…
6. To Maintain Public Property:
A good citizen always takes care of public
property. He does not litter or vandalize public
property and always tries to keep it clean and
tidy. He knows that if everyone takes care of
public property, it will be a much better place to
live in.
Cont.…
7. To Promote National Values:
A good citizen always tries to promote national
values. He knows that these values are essential
for the development of the country and so, he
tries to inculcate them in others as well. He also
tries to spread awareness about these values so
that more and more people can follow them.

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