KAMPALA INTERNATIONAL UNIVERSITY

SCHOOL OF LAW
HUMAN RIGHTS IN DOMESTIC PERSPECTIVE

Prepared by: Kintu Uthusma, Advocate

Lecturer Human Rights

GENERAL INTRODUCTION AND OVERVIEW

1. INTRODUCTION TO THE COURSE

This course examines the conceptual, philosophical, historical, and constitutional foundations of
human rights in Uganda. It explores how human rights evolved from pre-colonial governance
systems to the modern constitutional framework under the Constitution of the Republic of
Uganda.

The course further analyzes the legal provisions and institutions responsible for the protection
and enforcement of human rights in Uganda.

2. COURSE OBJECTIVES

By the end of this course, students should be able to:

1. Explain the meaning and nature of human rights.

2. Analyze philosophical foundations of human rights.
3. Trace the historical development of human rights in Uganda.
4. Interpret Chapter Four of the 1995 Constitution.
5. Examine institutions responsible for protection and enforcement.
6. Critically assess the limitations and challenges of human rights enforcement in Uganda.

3. WHAT ARE HUMAN RIGHTS?

3.1 Conceptual Definition

Human rights are inherent entitlements that accrue to every person by virtue of being human.
These include among others; Inherent, Universal, Inalienable, Indivisible, Equal, Enforceable

Under Article 20 of the 1995 Constitution:

“Fundamental rights and freedoms of the individual are inherent and not granted by the State.”

This affirms the natural rights tradition. The full spectrum of human rights involves respect for
protection and fulfilment of civil, cultural, economic, political and social rights as well as the
right to development.
4. PHILOSOPHICAL FOUNDATIONS OF HUMAN RIGHTS

4.1 Natural Law Theory dictate that rights exist prior to the establishment of the government
and few and or key influence John locke a philosopher of human rights and in his work, two
treaties of Government, argued that individuals possess natural rights to life, liberty and property.

4.2 Legal Positivism

Rights exist because they are recognized and enforced by law and Under this view:
Without constitutional recognition, rights lack enforceability.

4.3 Social Contract Theory

Government derives authority from the consent of the governed and must protect individual
rights.

CLASSIFICATION OF HUMAN RIGHTS

There are many ways of classifying human rights. The more generally accepted classification is
the one that categorises human rights into three, that is the first generation rights, the second
generation rights and the third generation rights.

The first Generation Rights:

These are sometimes referred to as the blue rights. These are rights that protect individual liberty
and participation in public affairs. They primarily require the sate to re refrain from interference.
The international covenant on civil and political rights (ICCPR) sets out these rights. These are
the rights of individuals as against the statute. They are aimed at the protection of citizens against
arbitrary actions of the state.

 Right to life
 Freedom from torture
 Freedom of expression
 Right to a fair hearing
 Freedom of association and assembly
 Right to vote and participate in governance

These rights are strongly protected under instruments such as the International Covenant on Civil
and Political Rights.

Second Generation Rights (Economic, Social and Cultural Rights)

These rights relate to social welfare and well-being. They generally require positive action by
the State for their realization. They include; Right to education, Right to health, Right to work,
Right to adequate housing and Right to social security. These are all embedded under the
International Covenant on Economic, Social and Cultural Rights

The Third Generation (Collective or Solidarity Rights)

These are rights enjoyed by groups or peoples rather than individuals alone. They emphasize
cooperation among States and communities. And sometimes are referred to as the green lights
and also solidality rights. They are a recent development in their origin and their emergence is
linked to the rise of the third world nationalism and realization developing states and these
include among others

 Right to development
 Right to peace
 Right to a clean and healthy environment
 Right to self-determination

Many of these are reflected in the African Charter on Human and Peoples' Rights. Whereas all
rights are important, the right to life is seen as the most important and the source of all other
human rights because without life no one can enjoy any other rights.

In the South African Case S Vs Makwanyane & Ors (1995)6 ECLR 665 the court described the
right to life and dignity as the “Most important of all human rights and the source of all persons
rights.”

Negative and Positive Rights and by their definitions

 Negative rights require the State to abstain from interference (e.g., freedom of speech).
 Positive rights require the State to take action (e.g., provide education or healthcare).

Individual vs Collective Rights

 Individual rights are enjoyed by persons individually (e.g., right to liberty).

 Collective rights are enjoyed by groups (e.g., minority cultural rights).

This is a key principle that although classified for academic purposes, human rights are
universal, indivisible, interdependent, and interrelated, as affirmed in the Vienna Declaration and
Programme of Action.

THE PRINCIPLES OF HUMAN RIGHTS

The principles of human rights are the foundational values that guide their interpretation,
protection, and enforcement at both international and domestic levels. The core principles are as
follows:

Universality
Human rights belong to all human beings everywhere, without [Link] principle was
first globally affirmed in the Universal Declaration of Human Rights, which declares that all
human beings are born free and equal in dignity and [Link] one can lawfully be excluded
from human rights protection.

Inalienabilit

Human rights cannot be taken away, surrendered, or transferred, except in very limited
circumstances permitted by law (e.g., lawful imprisonment).Even where restricted, the core of
the right remains.

Indivisibility

All human rights are equally important. Civil and political rights cannot be separated from
economic, social, and cultural [Link] principle was strongly reaffirmed in the Vienna
Declaration and Programme of Action.

You cannot fully enjoy freedom of expression without education.

You cannot meaningfully enjoy the right to vote without dignity and security.

Interdependence and Interrelatedness

The realization of one right often depends on the realization of others. for example. The right to
health depends on access to food, water, and housing and the right to education supports
participation in political life.

Equality and Non-Discrimination

All persons are equal before the law and entitled to equal protection without discrimination based
on race, sex, religion, ethnicity, disability, or other status.

This principle is embedded in instruments like the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural Rights. Discrimination
undermines the enjoyment of all rights.

Participation and Inclusion

All people have the right to participate in and access to information and decisions affecting their
lives to mention politically, economically, socially, and [Link] strengthens democracy
and accountability.

Accountability and Rule of Law

States and duty-bearers are accountable for respecting, protecting, and fulfilling human rights.
And this implies that they have to fully comply with the legal norms and standards enshrined in
international human rights instruments, and where they fail human rights holders are entitled to
institute proceedings for proper redress before compete Courts of [Link] must be remedies
for violations and Courts and institutions must enforce rights.

Human Dignity

Human rights are grounded in the inherent dignity of the human [Link] is the moral
foundation of all rights.

For the purposes of this class and in an academic manner

The core principles of human rights include but not limited to :

 Universality
 Inalienability
 Indivisibility
 Interdependence
 Equality & Non-discrimination
 Participation
 Accountability
 Human Dignity

THE HISTORICAL EVOLUTION OF THE CONCEPT OF HUMAN RIGHTS

Although ideas of rights and liberty existed in some form for much of human history, the
historical evolution of the concept of human rights reflects a gradual development from moral
and philosophical ideas to legally binding national and international norms.

Ancient Foundations (Natural Law Tradition)

Early ideas of human rights were rooted in natural law philosophy for instance the belief that
certain rights are inherent in human beings by virtue of being human.

 Ancient Greek and Roman thinkers like Aristotle discussed justice and moral order.
 Roman law contributed ideas of jus naturale (natural law).
 Religious traditions (Christian, Islamic, and others) emphasized human dignity and moral
equality before God.

These were moral claims as briefly explained and not yet enforceable legal rights.

Medieval Constitutional Developments

The first concrete limitations on absolute power emerged in medieval Europe. And this was well
known as The Magna Carta limited the powers of the English King and recognized certain
liberties. This was arguably the most significant early influence on the extensive historical
process that led to the rule of constitutional law today in the English speaking world.

Although initially protecting only barons, it introduced the principle that rulers are subject to the
law that became a cornerstone of modern human rights.

Enlightenment and Natural Rights (17th–18th Century)

Philosophers began articulating rights as inherent and inalienable. Philosophers like John Locke
argued that individuals possess natural rights to life, liberty, and property and another
philosopher known as Jean-Jacques Rousseau emphasized popular sovereignty.

These ideas influenced major political revolutions:

 The United States Declaration of Independence proclaimed that “all men are created
equal.”
 The Declaration of the Rights of Man and of the Citizen during the French Revolution
affirmed liberty, property, security, and resistance to oppression.

All those developments led to the creation of human rights to be framed as legal-political
entitlements.

19th Century Developments

The 19th century saw expansion of rights through to include, Abolition of slavery, expansion of
voting rights and growth of labour rights movements. However, rights remained largely domestic
and unevenly applied.

Post World War I Era

After World War I: It should be noted that the League of Nations introduced minority protection
systems and also introduced the International Labour Organization began protecting workers’
rights internationally. And at this time the International concern for rights was growing but still
limited since there was no proper channels for the enforcement of the same.

Post World War II and the Modern Human Rights System

The atrocities of World War II marked a turning point at this time for example in 1945, the
United Nations was established to promote peace and human dignity. Following the death of
millions of people and most of them were homeless and or even starving in away and the
Russian forces were closing in on the remnants of German resistance in German’s bombed-out
capital of Berlin. In the pacific the US Marines were still babbling entrenched Japanese forces on
such islands as Okinawa.

And in 1948, the Universal Declaration of Human Rights (UDHR) was adopted the foundation
of modern international human rights law. This development led to binding treaties such as:
  International Covenant on Civil and Political Rights
 International Covenant on Economic, Social and Cultural Rights

Together with the UDHR, they form the International Bill of Rights of 1791 And human rights
became: Universal, Legally recognized and Internationally monitored

Regional Human Rights Systems

Regional systems emerged to strengthen enforcement of European Convention on Human

Rights, the American Convention on Human Rights and the African Charter on Human and
Peoples' Rights. It should be remembered that in Africa, the Charter uniquely incorporates both
individual and peoples’ rights.

The Contemporary Developments

The Modern human rights today address the pertinent issues among others the, Gender equality,
Children’s rights, Disability rights, Environmental rights, Digital privacy. We thus realize that
the focus has shifted from merely declaring rights to ensuring effective implementation and
accountability.

Summary of the Evolution

The concept of human rights evolved through:

1. Moral and philosophical foundations (Natural Law)

2. Limitation of monarchical power (Magna Carta)
3. Enlightenment natural rights theory
4. Revolutionary constitutionalism (US & France)
5. Internationalization after World Wars
6. Modern treaty-based and institutional protection

NOTE:
Therefore human rights evolved from moral philosophy to constitutional guarantees then to
international legal obligations.

Today, they are grounded in the inherent dignity of the human person and protected by domestic
courts and international mechanisms.

Prepared By:
Kintu Uthusman, Advocate,
Lecturer Human Rights