SLC22-W3 / Human Rights (DDHH)

Welcome Here

Part I

-. Based on what was explained in class, state in your own words and with explanations whether you consider that human rights are respected or violated in your country.

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In my country, Nigeria's human rights are fully recognized and protected under the constitution of Nigeria and international treaties. In Nigeria, human rights are been put into practice and the respect for human rights is inconsistent with several reports of violations. However, issues such as police brutality which happened some years ago and brought about the #EndSARS movement, freedom of expression restrictions, corruption within the law enforcement agencies, and gender inequality suggest a gap between law enforcement and the law.

However, the Nigerian government has made a very nice effort to address the violations of human rights by establishing the office of the Human Rights Commission in conjunction with international human rights bodies. Although, despite the nice approach taken by the Nigerian government, there are still challenges affecting human rights which are caused by poverty and weak judiciary systems.

The status of human rights in the constitution of Nigeria

• Human rights and the constitution: In Nigeria human rights are found in chapter IV of the 1999 constitution of Nigeria. The right to life, personal liberty, dignity, freedom from discrimination, freedom of expression, etc are all included in these rights which simply means every human right in Nigeria holds a constitutional status.

• Supra Constitutional: The legal hierarchy of Nigeria that upholds the constitution of my country is the supreme court which in section 1 (1) of the Nigeria constitution it is stated that _{"The constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria." Source} This simply means that the constitution shall prevail if there is any conflict between any other law and the constitution, be it international treaties on human rights in Nigeria.

In conclusion, as we discussed above, human rights are the backbone of the legal framework in Nigeria as a country which the Nigerian constitution respects and safeguards.

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Part II

-. I mentioned any organization in your region that has jurisdiction over human rights. In your opinion, how useful it has been, and how its operation has influenced respect for human rights in your country?

Source

National Human Rights Commission (NHRC) is one of the best organizations in my region that has jurisdiction over human rights. This organization was established a long time ago by the National Human Rights Commission Act of 1995 to be an organization for protecting, promoting, and enforcing human rights in my region and Nigeria as a whole. NHRC is working as an independent organization to investigate violations, address grievances, and bring up solutions to make everyone stay safe.

Personal Experience With Human Rights Violations

I haven't possess any personal experiences with human rights violations for me to talk about here, but I know a lot of Nigerians have experienced human rights violations most especially in the areas of police brutality, denial of basic rights such as health, and education and as well unlawful detentions by securities. It is the human rights violations that many Nigerians faced that led to the #endsar protest against police brutality in Nigeria.

Thank God for the establishment of the NHRC organization which allows and encourages people in Nigeria to file a complaint, and seek legal representation and protection.

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Part III
Case study 1.

A woman loses her son when he dies at the hands of assailants who kill him to steal his car. The assailants are later arrested and prosecuted for the murder. He is serving the sentence provided for by law. However, the woman believes that her right to life has been violated and decides to file a complaint with the Inter-American Commission on Human Rights.

Source

Based on my experience in the field of law, the human rights of the direct victim which is the deceased son were violated.

Based on the right to life, the son's right to life is a fundamental human right but was infringed upon when he was killed by the assailants. The International Human Rights Law, as as well the Universal Declaration of Human Rights, and others are bodies that protect this right.

Based on indirect victim which is the mother. The mother who is a close family member could argue that her rights were Indirectly affected due to the psychological and emotional harm caused by the unlawful killing of her beloved son. Her right to life was not violated, whereas others could be invoked.

For the complainant to be admitted, some conditions must be met first which must be by the rules of the inter-American Commission on Human Rights.

The Inter-American Commission on Human Rights states that all domestic legal remedies must have been exhausted before a case is reported. Based on the case, the assailants were arrested, prosecuted which they were serving their punishment. This implies that for inter Inter-American Commission on Human Rights to admit the case, it means the violation must involve the responsibility of the state which if the stage fails to stop the crime and protect the victim, it is when they will be held responsible.

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Case study 2.

A person is arrested in the middle of an anti-government protest. He is beaten by police officers, resulting in his death. The prosecutor assigned to the case begins the investigation without being able to precisely identify the perpetrators of this murder. Several years go by and the victim's relatives turn to the prosecutor's office for an answer and are told that the case has been closed because several years have passed without being able to identify the officers who caused the death. Please state whether you believe that the human rights of both the victim and his/her family are being violated. Explain your answers.

Yes, I believe the human rights of both the victim and his family were violated. A clear breach of international human rights standards was seen in the case when the victim was beaten to death by police officers.

The victim's human rights to life, protection from state violence, and his dignity were all violated. The family's rights to justice, psychological integrity, and truth were also violated due to the failure of the stage to provide an effective investigation of the case to fetch out and hold the perpetrators accountable for their actions.

I am inviting; @dove11, @simonmwigwe, and @ruthjoe

Cc:-
@anasuleidy

Reference