HUMAN RIGHT SUMMARY NOTES

PREPAIRED BY;

JOVIN JOSEPH.

TOPIC ONE.

Human right are the principles or standards on how a human being should be treated no matter
the reason, these are set by the society. These fundamental rights that a human being is entitled
just by the state of being human. These rights are there basically to protect the dignity of a person
dignity and dignity is equal to all and must be respect no matter how.

CHARACTERISTIC OF HUMAN RIGHTS

I. Inherent; meaning they are in born

II. Inalienable; you always have your right but cannot be taken away by anyone or loose
away, they can be violated but not to be taken away
III. Universal; meaning these are right are all over the world the same to all people in the
world
IV. Indivisible; cannot be divided or separated they are provided in the package of right
V. Dynamic; they change with time
VI. They are moral value; its believes that these right are originated from the society morals
VII. They are so cruel; they are very important

SOURCES OF HUMAN RIGHTS

I. International conventions/ treaty

These are the international sources that provided for the sources of human right through
treaties or international convention, example of these international convention or treaties
are like International Convention On Civil political and Cultural Rights (ICCPR),
International convention on economic Social and Cultural Right (ICESCR).Universal
declaration on human rights (UDHR)
II. International Customs (JUS COGEN)
These are the general practice which are accepted as laws, these international customs
binds all state except those which denies these customs at the time they are made.
Example of these customs slavery, torture in human or degrading treatment is not allowed
III. General principle of law recognsed by the state.
These are the principles which provide us with the legal issue example a judge may refer
to a principle of law so as to solve the problem like general principle of law, presumption
of innocence.
IV. Judicial decision
 These are the decision/ judgments which can be the source of human right, decision of
court it binds parties of the case
V. Teaching of the most high qualified academician
Certain material written by certain professor can be source of human right.

SOURCES OF HUMAN RIGHTS IN TAZANIA

i. The constitution of united republic of Tanzania of 1977
Especial all provision concerning the bills of right which are provided under article 12-29
of the constitution
ii. Legislation
Example of legislation as the source of law are labor act (right for employee), the child
act (right of a child)
iii. Precedent (JUDICIAL DECISION)
iv. International treaty, which have been ratified by the national assembly

DEVELOPMENT OF HUMAN RIGHTS

There are two categories when speaking on the development

i. Philosophical development
ii. Historical development

PHILOSOPHICAL DEVELOPMENT

As its explain itself, it is the theoretical approach. Meaning there are different theories written by
different philosophers trying to explain the philosophized from the starting point of human right
and it is divided into two which are modern theory of human right and old theories of human
rights

OLD THEORIES OF HUMAN RIGHTS

This theory includes religious theories, natural law theories, positivism theories, Marxism
theories and Unitarianism theories.

i. Religious theory

Philosophers under this theory are trying to associate human right with religion. They over
viewed from our beliefs. Every human being is the holy creature, thus we are all created by
the single father. Therefore we have the common humanity. So human rights comes from the
divine being that we say human right is inaliable, thus human being cannot take it way rather
than a divine being. Thus the concept of religious is found in almost all religions. Explaining
that there is a divine power
 ii. Natural law theory

Philosophers provides that human being are governed by nature, therefore we are governed
by inborn laws, therefore it is different from the positivism laws and are basically moral/
ethical value, meaning that they originated from the natural law through moral value.

iii. Positivism law theory

During 19th and 20th century the natural law theory faced challenge and attack from
philosopher. These philosopher says human right are not originated from the natural law
rather than human rights originated from the laws made by the people by the parliament or a
certain institution, and these law must be abide by every individual which consider that the
law is good or bad. In this human right there are some which are moral and some which are
not immoral, if human rights are immoral then it must be compatible to the human rights and
have to abide with them in any case whether it is compatible to our moral value or not
compatible to our moral value

iv. Marxism theory

Also ignore the theory of natural law theory, Karl max argue that the natural law theory is
not the reality but it is just something of realist, he saw nothing natural or inalienable. So he
considers everything about human right is man -made law. And since he lives during the
capitalism and he was against capitalism, he was the believer of socialism and said human
right was a product of capitalism/ bourgeoisie meaning that human right were created by the
capitalism to protect their wealth. They were created to monopolize the other and form the
individual rights that could protect their wealth and left the poor people with nothing. He
thought rights to own property was a major source to all other rights in the world.

v. Utilitarianism theory

This theory requires government or the state to maximum the total sum of happiness to all
citizens. The philosopher believes that every decision of human person is motivated by the
calculation of pleasure over pain. So whatever the human being is decide is what bring more
pleasure/ happiness over pain. So this is reflected to our laws and whatever we think and
bring about. Thus we must look for the highest pleasure to the highest number of people. So
human rights originate from the idea of the more pleasure over pain this pleasure must to be
the highest number of people.

MODERN THEORIES OF HUMAN RIGHTS

This modern theory includes;

 Modern natural law theory

  Right based on justice theory
 Right based on reaction into justices
 Right based on dignity
 Right based on equality of respect and concern
 Cultural relativism (against universalism)

MODERN NATURAL LAW THEORY

After the World War II the modern philosophers tried to write something on human right due to
the effect of the war. They were trying to come up with a system of right that would protect the
dignity of human person after seeing what happening the war. They modify the natural law
theory and it tries to identified the value have everlasting and universal aspect. So they universal
system of human right must include some recuperation of individual freedom. Whatever is done
must be done to protect the dignity and freedom of an individual.

RIGHT BASED ON JUSTICES

The theories believed that justice is very cruel when it comes to the matters of human right. In
order to have the system, the real system of rights must consider justices (equality and fairness)
of people. The better system must be the one which will respect fairness and equality of people.
JOHN LOCK said the system of right must consider fairness and equality, this means that the
right we had today originated from justices.

RIGHT BASED ON RELATION TO INJUSTICES

Those two theories goes together without the idea of that originate from justice, it is true but you
should look at it on the angle of negative which is injustice. According to Edward Kant said that
“we cannot understand justices unless you experience injustice”. People can feel injustices more
than justices.

RIGHT BASED ON DIGNITY

The theory argues that human right originated as result of protecting dignity of a human being.
The very purpose of human right is to protect dignity of a person. The philosophers believed that
human right originated from dignity, so human right are there from the idea of protecting dignity
of a person. The big challenge to this is that human dignity is common and differs from one
person to another while human rights are universal to all people.

CULTURAL RELATIVISM THEORY

This theory originated from Europe Africa and Asia values, that they believe they cannot have
the common value and then human right cannot be universal as well. Also we cannot have the
same way of protecting this human right. People started to categories themselves according to
their own culture. Some parts of the world refuse to accept human right as a universal because
they don’t believe we have the same common value.

Question to ask our self is that;

“It is not contended that the motive behind under modern principle of human right is the
protection of respect for dignity of all individual human being. However the challenge lies on the
idea that while human right are argued to be universal there is disparity in respecting human
dignity basing on inter alia place and time” trace as to where these two argument meet.

HISTORICAL DEVELOPMENT OF HUMAN RIGHTS.

Codification of human right has a long history from the WW II when the idea of human right
protection comes to protect human dignity. It comes from the war were people were tortured and
killed. This historical development can be traced back into three phrases or steps where;

The first steps

The first step was the adoption of the UN Chatter, the aim of having UN was to provide
principles of human right in 1945. The UN chatter did not include the principle of human right
by the time it was adopted

The second step

Then the group of 11 people sat down and establishes the document called the Declaration for
Human Right Chatter and this document was established for the purpose of protecting the
dignity of human being. And UDHR was adopted in 1948 to provide for the basic right, culture
and social right.

The third step

It is the last step were the state have to adopt this document so as to be enforceable. Meaning that
the document had no legal force and for it to have such force under the law, they decided to
adopt the two conventions that are International Convention On Civil and political rights
(ICCPR) and International Convention On Economic, social and Cultural Rights (ICESCR).
The UDHR consist of 30 Article that provides right and fundamental principle for human right.
Article 1 and 2 of the UDHR provides for equality of human being and non discrimination of
human being.

Article 3 to 21 of ICCPR and Article 22 to 27 of the ICESCR are part of the UDHR. Meaning
that they make up UDHR, as said earlier UDHR is the product of those two convention and other
sources.
International convention on civil and political right, are rights that the government or the state
are prohibited from doing a certain thing/ act to individual example right to vote, freedom,
torture. And international convention on economic, social and cultural rights these are the right
that the government is required to provide social service to its people. Example education,
health. Both ICCSPR and ICESCR forms what is known as the Bills of rights.

The legal force was given by the adopting two conventions which was in 1966 and comes into
force in 1976. After this two major convention come into force, there was a need of having the
specific conventions depending on the subject matter, and is where specific convention were
made such as;

 Convention on the right of a child 1989

 Convention against tortured 1984
 Convention against all kind of discrimination against women 1979
 Convention of right of people with disability 2006
 Convention against all form of racial discrimination

HISTORY OF HUMAN RIGHT IN TANZANIA.

Before the independence they were no human rights and also after the independence human right
were not considered. The independence constitution of 1961 had no bills of rights and the reason
why nyerere refuses to consider bills of right was because he thought it will hinder fast economic
development of the country. The situation remains the same from 1961, and then Republic 1962
and 1965 (interim constitution) they all had no bills of rights. In 1977 is when the permanent
constitution was established but lack bills of right again but in 1984 bills of right were include
but was dormant until 1987 when its comes into force

ZANZIBAR HISTORY OF HUMAN RIGHTS.

Zanzibar had bills of right in 1963 in their first constitution, on January 1964 revolution occurred
and they draft another constitution called revolutionary constitution with no bill of right it was
removed. Bill of rights was included again in 1984.

So in 1984 bill of rights were included in both constitution that of Zanzibar and of united
republic of Tanzania, but in 1987 is when the bill of right comes into force at the side of Tanzania
while that of Zanzibar it was the same year in 1984.

REASONS TO WHY BILLS OF RIGHT WERE INCLUDED IN 1984

 Tanzania was the active member on OAU which participate fully in making and drafting
the African Chatter on human and peoples
 Pressure from different people both internal and external world
 Pressure from Zanzibar who really wanted to have the bill of rights, thus Tanganyika
couldn’t avoid.

GENERATION OF HUMAN RIGHTS

Human rights is been classified into three generation which are;

i. First generation rights

ii. Second generation rights
iii. Third generation rights

FIRST GENERATION RIGHTS

These are also known as the civil and political rights, they originated during 19 th century and
they were reasoned to protect individual against the state interference example freedom of
speech, movement.

SECOND GENERATION RIGHTS

These are economic, social and cultural rights, they originated during the 19 th century. They
originated as respond toward to widen the spread of poverty during the industrial
development in Europe. Thus the law intended to protect the poor worker who used to work
in European industries example right to work, to be paid, right to join trade union, right to
own property.

THIRD GENERATION RIGHTS

These are known as the collective rights they existed during the 2 nd half of 20th century.
Collective rights these are rights which are to be enjoyed within a group of people, and
cannot be enjoyed by individual because are not individual rights. They can be only found in
Africa Chatter on human and people’s rights. Example right to clean environment, right to
benefit for economic growth, right to clean water, right to clean air.

PRINCIPLES OF HUMAN RIGHTS.

1. Equality and nondiscrimination

 Equality and non discrimination is a also emphased in the UDHR in article 1 and 2.
These must be observed everywhere because everyone has equal value and that must
be respected. And non discrimination is that if we are equal then we must be treated
equally without any kind of discrimination
2. Rule of law
These means that every one including even the government must act in the
boundaries of the law. Thus rule of law are related to some of other rules as such;
a. Nullum crimine sine lege
b. Nulla poena sine lege
c. Non Bis in Idem
d. Presumption of innocent
e. Equality before the law
f. Independence of judiciary
g. Separation of power

All these above mentioned are linked to rule of law.

NULLUM CRIMEN SINE LEGE

This means no crime without law. Thus without any provisional criminal law then
an act cannot into definition of crime

NULLA POENA SINE LEGE

No punishment without law which established it, the said two principle prohibit
the application of retrospective of law as per article 13(6)(c) of cap 2.

NON BIS IN IDEM

Not again about the same, no one should be prosecuted twice on the same offence
either before or same court or different court with the same offence or otherwise
is been proven so.

PRESUMPTION OF INNOCENT

This principle says that the person should be considered innocent until proven
guilty by court with the competent jurisdiction. Acting otherwise is against human
rights. Basing on the same line the government must prove someone guilty
beyond reasonable doubt. And if there is any doubt then the person shall not be
convicted guilty as per article 12(6)(b) cap 2.

EQUALITY BEFORE THE LAW

 This refers as equality under the eyes of law, and also legal equality. This
principle means that all individual in the state are subject to the same law and
justices. This means law must be administered equality within the people of the
state also must be interpreted equality to all people. This principle is more
emphasized to judicial officer. They must treaty people equality in dispensing
justice without any kind of bias, fear or ill will. These people must be sensitive to
special need in dis-ability to an individual, thus people who administer law may
discriminate people. But they should do this accordingly basing on fair
discrimination as per article 13(1) cap 2, article 14 of ICCPR.

INDEPENDENCE OF JUDICIARY

This says that judiciary should be independent, thus should act freely without any
interference or any kind of influence from other branches. But not only branches
also any other individuals or organ. By being free we ensure justice and fairness
to the people and gives judges power to make decision basing on what is right
under the law without facing political or personal effect.

SEPARATION OF POWER.

This requires that the three organs of the state should separated and should not
interfered with the function of another organ, also despite the fact that they should
not perform the function of another organ but in the same time they have to check
and balance each other performance so as to bring accountability to each organ.

TOPIC TWO

SUBSTANTIVE HUMAN RIGHTS

Violation of human rights this occurs when someone is denied his right or infringement of the
certain right without reasonable ground, this can be violated by either individual, state or any
institution. Most of the time the state has claims to violet these rights because they sometimes act
beyond their power (utra vires) .

LIMITATION OF HUMAN RIGHTS

This is kind of infringement of human rights or dined of human rights someone dined this rights
with reasonable group. And this limit must be provided by the law and it actually provided. This
are the boundaries set by the rights of others and by important social, this important social
concern is like public order, public health.

Example of limitation clause basing on cap 2, we have article 14 which talks on the rights of life
in accordance with the law, the word “in accordance” to law is the limit of this right, also under
article 15(2)(a) and article 19(3), also the general limitation clause found under article 20 of cap
2. When referring to the ICCPR such clause is found under article 12-29.

DEROGATION OF RIGHTS

This is the suspension of certain civil and political right in respond to crisis. This means that the
state can ignore to protect these rights when there is crises such as war while keeping them self
busy fighting against another state. And this is allowed by the law. But its doesn’t mean that all
right can be ignore just by the reason of crises, there are some of the rights they cannot be ignore
or suspended.

ICCPR in article 4(1) allows derogations of some rights but it has mentioned there are some
rights which cannot be suspended such rights are;

 Rights to life.
 Rights to freedom of torture.
 Rights to freedom from slavery.

Qn

To deny someone right is to challenge their humanity. Discuss

A tip of that question can be answered that human rights are there to protect human dignity
which is more relating to humanity, so when you deny someone’s right you also trying to
ignore his dignity.

RIGHTS TO LIFE

This is most fundamental of all human rights, because this is the source of all other rights. Article
13 of UDHR, article 6 ICCPR, article 4 of African Chatter on human and people’s right and
article 13 of the constitution cap 2. This right should not be interfered and supposed to an
absolute right, this right should be absolute and should have any limitation. But the requirement
in some state it is limited, but the limitation must be in accordance to the law.

Article 6(2) and (5) of ICCPR provide for the requirement in order to execute the limit to right of
life. And this limit is that of death penalty. Thus must be of a serious crime and not be a person
under the age of 18 or a pregnant women.

The right to life doesn’t mean only the physical existence of human being but there are other
things which are necessaries, example rights to food, rights health care and other things which
are necessary to make life possible.
CHALLENGES TO RIGHT OF LIFE.

 Abortion
 Death penalty
 Euthancisia

RIGHT OF FREEDOM FROM TORTURE OR CRUEL IN HUMAN.

This rights is provided by the International Convention Against Torture under article 5 UDHR,
article 4, 7, 10 ICCPR article 5 of the African chatter, article 37 of the convention of the rights of
a child, article 13(6)(e) of cap 2.

What is torture?

Torture is the intention inflection of severe pain or suffering whether physical or mental on a
person on a specific purpose of obtaining certain information, punishment, confession,
intimidation or cohesion of any kind of discrimination by public official or any other person
acting in an official capacity.

Three element of torture

1. Intentional infliction of severe pain

2. Specific reason
3. The act must be done with the consent of the state or the state itself

Torture is a serious violation of human rights which may amount to death to the victim or violate
the right to life. It is an absolute right which may not be suspended under any circumstance.
When the act of inflicting pain to a person at a specific reason then such act can be consider as an
absolute inhuman.

DUTY OF THE STATE IN RELATION TO TORTURE.

1. To protect individual citizen from torture by the state agency.

2. State have the duty to prosecute torture
3. State shall not return or extradite individual where they may find torture, this is
called principle of non reformat the state is not allowed to return them to their
country if they know they shall face torture

CONDITION FOR IMPRISONMENT OR DETENTION

Prison and detain place must be conductive and support the life of human being even though they
are the victim. It is not proper to think that the detainees they exchange their life with the crime
committed.

RIGHTS OF DETAINEE

 Rights to education
 Right to get information
 Rights to clean environment
 Right to nutrition food
 Rights to have legal representation
 Right to life
NB; all human rights are their rights too except right to free movement.

RIGHT TO LIBERTY AND RIGHT TO PERSONAL SECURITY

This rights is two in one, the first is right to liberty and the second is right to personal security as
per article 9 of UDHR, article of ICCPR, article 6 of African Chatter and article 13(6)(d) and 15
of cap 2.

RIGHT TO LIBERTY

Meaning rights to be free, this right is granted to an individual with right to be free from
unlawful arrest or detention. This right is not absolute means that lawful arrest is allowed. This is
allowed because deprivation of liberty is the only form of the state control over a person with
jurisdiction. They should follow the procedure of arresting a person

INTERNATIONAL STANDARD OF ARREST

 The arrested person must be informed the reason of his/her arrest, article 9(2) of ICCPR
 every detained shall entitled to gain herbias corpus proceeding before the court with the
competent jurisdiction to determine whether such arrest was lawful or not. A detained
person has the right to herbes corpus as per article 9(4) of ICCPR
 every detained person has an enforceable right t compensation if such detention was
unlawful as per article 5(2) of ICCPR
 detainee person shall be brought to promptly (within few days) before a judge who must
either release or authorized for pre-trial art. 9(3) of ICCPR.

Right to personal security.

It is not clear defined and that means it differ from one convention to another. But under
ICCPR it means right to protection of the law, thus every individual must enjoy the provided
by the law.
RIGHT TO FREEDOM FROM SLAVERY, SERVITUDE AND FORCE LABOR

Article 4 of UDHR, article 8 on ICCPR, Article 5 of the African charter and article 12, 22
and 23 of cap 2. In these categories there are three kinds of right;

1. right to freedom from movement

2. right to servitude
3. right to forced labor

in Tanzania, labor relation act 2004 defines the meaning of force labor under section 4(2). Anti
traffic act 2008 prohibit slavery, forced labor.

RIGHT TO FREEDOM FROM SLAVERY.

Slavery is a state of being a slave. The statue or condition where by one person is owing another
person as if he or she is a commodity. The person, who owes another, is exercising all rights of
ownership. Slavery and slave trade existed for along tie since then but it was abolished in 1926
by the slavery convention, it involve human trafficking, sale of children, children pornography,
child prostitution, child labor. All these are forms of slavery.

RIGHT TO BE FREE FROM SERVITUDE

Servitude is terrible or serious exploitation exercised by one person toward another person who
involves serious form of denial or freedom. The difference between slavery and servitude is
slavery is the uses of people in order to get personal gain without treating slave as equal human
being while servitude is when a person is serving the former master for money in living
arrangement in the home.

RIGHT TO FREEDOM OF FORCED LABOUR

Force labor is any work or service which is done by any person under threat or of any penalty
and for which the same person is not offered voluntary. Human right requires that any person is
allowed to choose any kind of work without any kind of force or threat. Force labor can be
manual work or professional work, in terms of physical or mental forms

RIGHT TO FREEDOM OF MOVEMENT.

Is provided under article 13 of UDHR, article 12 of African Chatter, article 12 of ICCPR and
article 17 of cap 2. This right means right of every person to move free within a certain territory
or country without permission from the authorities. Right to enter and reside within the country
also right to leave the country, from those we have four elements which are;

1. right to move freely within the country

2. right to leave the country
3. right to to choose resident
4. Right to enter one’s own country.

NB this right has some limitation they are not absolute.

RIGHT TO FREEDOM OF OPINION AND EXPRESSION

Article 19 of UDHR, article 19 of ICCPR, article 9 of African Chatter and article 18(A, B,C) of
cap 2. This right are very cruel right because trough this right people are able to know,
understand enjoy and incase of violation named for the violate of human rights.

You must be able to draw the line between right to freedom of expression and right to privacy,
freedom of speech is not a license to abuse, it is a responsibility. Right to freedom of expression
is part of right to press. Therefore rights to freedom of expression protect the press which has the
duty to protect right to freedom of expression in the society.

There right has three (3) important elements

1. Right to seek information

2. Right to receive information
3. Right to import information

When enjoy right you should not view out the propaganda of war, any other kind of expression
which will injure the society.

RIGHT TO FREEDOM OF CONSCIOUS AND RELIGION

Every individual has the right of thought, conscious and religion article 18 of UDRH, article 18
ICCPR, Article 8 African Charter and article 9 of cap 2. Under this right every individual must
be free to choose his or her religion or to change and to express the religion whether as an
individual or group. People must be able to teach, practice, worship and observe their religion.

The right has got two elements;

1. Freedom in protecting ones religion

2. State neutrality; the state must be neutral must act without bias
RIGHT TO PARTICIPATE IN THE SOCIETY.

Article 21 of UDHR, article 25 of ICCPR, article 13 and 20 of African Charter, article 21 of cap
2. This right is based on evolvement of every individual in decision making in matters affecting
his/ her interest, it give a individual power to define his or her interest and so to make the society
that fulfill his/ her interest or desire. It gives them freedom to participate on their own interest .

This evolvement/ participation Is done in the following ways;

1. Direct participation.
2. Indirect participation

Normally in the modern society, the indirect participation is used mostly because we can not all
participate in everything but choose representative who will represent us on that. This right is
associated with other rights such as;

1. Right to freedom of election

2. Right to freedom of association and assembly

RIGHT TO FREEDOM OF ELECTION

you cannot have representative until you exercise your right to vote and has to be through
election. The rights to vote and stand to election, these rights go together in order for people to
participate in society they have to vote and participate in election.

Right to freedom of association and assembly

It is more connected to right to participate in society. People can form political parties,
associations, organization that helps them to assembly. Also they can be free to do their election,
choose their leader and participation. All these right forms a foundation for representative, it
ensure public affairs to peoples affairs because people must participate through those rights.
Right to participation is important because it requires equal participation in all matters in the
society.

Right to freedom of association

Also under article 20 of UDHR, article 22 of ICCPR, article 10 of African Charter and article 20
Of CAP 2. This right gives people freedom to form and join different association like political
parties, trade union, peasant organization, NGOS. Through groups it is easier for them to enjoy
and fight for their other rights, it goes hand in hand with;

 Right to organize and assemble freely; in order people to enjoy this right they must be
free to organize and assemble freely to discuss matters of common association also it
ensures the right to freedom of religion, education and right to participate in the society, it
 is very important in political issues where people must be free in the matte of common
interest. It is the right way to a democratic society, it is very crucial in political matter but
not absolute.

RIGHT TO WORK AND JUST ENUMERATION.

Article 23(1) of UDHR, article 6,7 of ICCPR, article 15 of African Chatter and article 23 of CAP
2. Is related to the survival of a person as an individual, so when they survive the whole society
survive. It is very close to the right to life. It has got two phases or involves two kind of work
which is;

1. Self employed work

2. Non- employed work

The government on the other hand is not obliged to employee everyone but has obligation to take
all necessary steps for everyone to have the opportunity to work within the state and it should be
for all types of work.

In the side of non employed the government has to ensure freedom from slavery and freedom
from slave trade, people should be able to choose the kind of work to do also the government has
to ensure no discrimination in the employment policy, discrimination in recruitment and
payment, in promotion opportunity

But in order to have equality in non- employment then labor related right must be provided and
protected, and some of this labor related right are right to strike, right to associate, right to
organize and bargaining collective, rights to save and healthy working condition, right to be no
arbitrarily dismissal.

In our country we have the constitution which provide for work rights. Also we have labor act
which provide for specific labor forms.

RIGHT TO PROPERTY

Article 17 of UDHR, article 14 of African Chatter and article 24 of CAP 2. This right is not
provided in the ICCPR nor ICESR. The protection of this right at international level is done by
the provision of other of other right, property is anything owe by a person or institution. Property
is divided into two which are;

1. Real property
2. Personal property

This right grant people with authorities to own property it also depend on economic capacity of
each individual, it gives you freedom to own and acquire property and this property should be
protected, and in case of violation the person must be fairly compensated. Some people challenge
this right that its controversial because it protect the interest of the rich people against the poor
people.

RIGHT TO PRIVACY

No interference under article 12 and 16 of UDHR, article 17 of ICCPR, African chatter does not
provide for the right but article18 gives state obligation to protect the family, article 16 in the
constitution of Tanzania

Without the right of privacy dignity of human could be at risk. Right to privacy is very
important, it protect individual from uninvited intrusion in personal life and information. The big
challenge to the right of privacy is that the right can be interfered without your knowledge.

RIGHT TO WORK

Anything legal activity through which an individual do to earn some money. Commercial sex is a
practice of business of exchanging sexual service for money also known as prostitution. The
issue of commercial sex is not settled in our country, it is contrary to our laws, moral and value
and also other religion. Commercial sex is illegal in our country and is strictly prohibited by the
penal code under section 139, 146, 148, 145, 160 and 161 as among of offences against
humanity.

CONTROVERSIAL ISSUES IN RELATION TO RIGHT TO LIFE

1. Death penalty
2. Abortion
3. Euthanasia

ABORTIONS

Thus is an intention act of terminating pregnancy, in some countries abortion is allowed to some
extent. In many African countries abortion is illegal, some consider it to be taking a life of a
human being and some consider that there is no human being but an object. But the question is
when does the life start so as to know what abortion really means and whether life of an born
baby can be protected. But there are some circumstances where the mother is in danger, it is
provided under section 150, 157, 152 and 219 of the penal code also the constitution guarantee
the right to life. But also the penal code.

EUTHANASIA

It is an associated suicide or an act of ending life to relief unstoppable suffering, but this is
happening when a person is act constant and severe pain or suffering without any kind of relief.
Then at that point a person can be assisted to die. But there are people who are against that it is
against human right. Only God can terminate or takes someone life but not a person. If a person
assisted another to die that is murder.

DEATH PENALTY

It also a controversial issue because it takes away life of individual, it can be by electric short,
injection hanging. The position of death penalty is legal, it is allowed by our laws under section
197 of the penal code but it has some limitation on to whom this death penalty can be imposed
to. Section 26 of the same law (penal code) death penalty cannot be imposed to a person who is
below the age of 18, also to pregnant women.

HOMO SEXUALITY UNDER RIGHT TO SEXUAL ORIENTATION

Sexual orientation is romantic, social affection or romantic to another person or everyone must
be free to choose.

Homosexuality desire to a person of the same sex apart from that of bisexual where by a person
is sexually attracted to both male and women. Every human being is born with dignity that must
be protected so whether homosexuality or bisexuality they must be treated equally and be free as
long as they are human being even though it against moral value.

RIGHT TO FREEDOM OF CHOICE

This right provides freedom to the people to be free from arbitrary, this right is used by the
individual to be free from other issue like euthanasia, abortion, contraception, when individual
use the right of freedom of choice.

USE OF CONTRACEPTIVES.

Is the intentional act of controlling birth where by pregnancy is prevented by interfering with
normal process of ovulation, fertilization and implantation also there are different ways used in
contraception;

1. Use of drugs
2. Use of sexual drugs
3. Surgical practice
4. Devices

TOPIC THREE

HUMAN RIGHT FOR SPECIFIC GROUP

Some people in the society needs special care in order to enjoy this human right, people with
specific rights are;
  Women
 Children
 Disable people
 HIV/ AIDS victims
 Refuges

The act of treating some people n some special way is what we call positive or fair
discrimination. At this point you realize that discrimination is allowed and non equal treatment of
people is allowed but with ground reason.

FORMAL EQUALITY AND SUBSTANTIVE EQUALITY

 Formal equality, all individual must be treated absolutely as human beings.

 Substantive equality; individual can be treated differently but the treatment aims at the
same. Individuals are given equal opportunity through different treatment in human right,
we consider these two categories of equality.

WOMEN

Women are among special group thus they are not enjoy this human right like other
members in the society.
Marginalization of women originated from our customs and tradition after
marginalization, unequal power between men and women occurred and thus mostly
affected women. Regional and national document were created to make sure that women
are treated equally.

THE LEGAL MEASURES TO BE TAKEN IN ORDER TO ENJOY THEIR RIGHTS

Adopt various legal measures which recognize women as human being basing from the three
legal documents which are UDHR, ICCPR and ICESCR. After this convention also we have
other convention such as

 Convention for political right for women which guarantee them right to vote and be
voted.
 Also convention of the nationality of married women of 1958 this guarantee them right
and freedom of either maintaining or changing their nationality during marriage or even
after marriage
 Convention on the consent to marriage, minimum age of marriage of 1964, in order a
person to involve in marriage has to consent it, also the convention is granting the parties
to show the minimum age of marriage.
 Convention of elimination of all forms of discrimination against women was adopted
in 1979 it was create purpose to eliminate all forms of discrimination against women.
  Convention on elimination of violence against women, it was created to fill the gap in
the society, these rights do not produce new right but they are the same rights which are
interpreted to accommodate the needs of woman.

In Africa we have the African chatter which is the major document for human right, to emphasize
the equality of African but it does not provide for the specific right for women. In order to create
special right for women;.

 Protocol to the African chatter on the right of women was adopted in 2003, the objective
of this protocol was to enforce the African chatter which was considered as sufficient of
protection for the rights of women due to the things like reproductive rights, inheritance.

The chatter has three major principles;

1. Equality of men and women

2. Elimination of discrimination against women
3. Participation of women in all aspect of life.

In Tanzania women are facing the same problem as other women in the world. Women in
Tanzania are marginalized due to customs, religion and tradition which end up treating women
very bad. Tanzania women work very hard but the products are ending up on the hands of men.

That being the case the state enacts some laws that can protect the interest of women such as the
constitution, the land act, the law of marriage act 1971 also the child act which guarantee the
right of the girl.

The challenge is when the law are interpreted in a bad way that does not consider gender
especially to women, example what happen in the case of Ephraim vs. pastory civil appeal of
1989 also in the case of Bi hawa Mohamed vs. ally seif.

PEOPLE WITH DIS ABILITY.

They are also member of the special group in the society and have the same right like any other
person in the society but such rights are being violated. They are not enjoying their right such as
right to get education, right to vote and be voted. So in order to enjoy such right, there are some
legal document that emphasize such right and these documents are;

 Convention of the right of people with disability 2006, it provide international standard
for all people with disability
This convention guarantee the following principle ;

1. Respect for inheritance and dignity

2. Respect for difference and diversity
3. Equality and non discrimination
4. Equal opportunities
5. Full and effective participation and inclusion in the society
6. Accessibility
7. Equality between men and women with disability

These principles are provided in the convention especially under article 5, 6, 7 and 9. Article 4
provides for obligation foe disable people. That is the standard at the international level.

In Africa we have the African chatter, there are few article that have provide for such rights
article 18(4) of the shatter that provides people have the right to be respected, article 18(1) every
individual shall have the right to enjoy human rights. Also there are some provision on child with
disability example article 13 rights to protect disable children on the African chatter especially in
the welfare of a child.

On national level, the government have ratified some of rights which protect the disable people,
also there is National policy 2004 which focus on issue of people with disability to be included
in some certain works. Then we have the person and disability act 2010 from the parliament
which cover all matters about the people with disability.

The child act also covers the issue with children with disability

PEOPLE LIVING WITH HIV/AIDS

In international level there is no convention that guarantee for this kind of people their rights,
instead the international community interpreted the rights of different other convention, like right
to live then such right is been interpreted to favor such group of people living with HIV/Aids.

The international community through the international assembly adopts different resolution and
held special seccion on HIV/AIDS

The united nation has specialized agency which deals with the issues of HIV/AIDS such as
world heath organization,

At the sentimental level we don’t have any legal document specific for HIV/AIDS, what is done
in Africa is the same thing done by the international level except for the convention called a
protocol of African chatter of women which provides for the protection of HIV/AIDS for
women.

In Tanzania people with HIV/AIDS are been protect under the HIV/AIDS (prevention and
control) Act of 2008. This Act provide for some right to be enjoyed by them. The provided by the
act are right to attain the highest possible standard of physical and mental healthy basing on
available resources, a person ay not be denied health services just because is affected with HIV/
AIDS. The second right is get treatment from the opportunistic diseases such as malaria as per
section 3 of the Act.

These people have the duty to protect others from the infection, if such duty is breached then it is
a criminal offence. Intentional infection of HIV/AIDS is a criminal offence under section 37, 29.
Also healthy petitioners are not allowed to stigmatize people with HIV/AIDS.

CHILDREN

Another special group of human right. These are the human being in the process of growth, they
deserve all care, attention and assistance through the process. Most of children the common
problem is that most of them are facing with malnutrition, force labor, non attendance to school,
sexual exploitation and abuse. Especially children below the age of 15 and is normally in Africa
and Asia.

Every person has the duty to protect and promote these rights to children, the government has the
duty and obligation to insure children are enjoying these rights. At the international level there is
a convention of right of child of 1989 which guarantee the right of a child without any kind of
discrimination. Generally it has the fundamental principle such as;

 Non discrimination

Under article2 of the convention state that this rights should be enjoyed by all children around
the world

 Best interest of the child

Article 1(1) of the convention explain that we have to consider our children at the best interest of
their welfare

 Free expression of the child

Participation in the decision making that can affect the child, the child must be free to express
their view and consider their view especially in design the welfare of the child.

Universality of the this child does mean that the interpretation and implementation of this right
are blocked from their contest means customs and traditions of each specific people must be
taken into consideration.
LEGAL FRAME WORK IN AFRICAN

In Africa chatter on the right and welfare of the child 1990, one year after the convention. The
chatter strongly reflect the convention of a right of a chatter the difference o African chatter
interpret the universal right of the child I the right of social and economic relation of African and
African traditions

The chatter recognizes the child below 18 years in article 2, but also recognizes tradition and
culture practice which promote and those which hinder the realization of child rise in Africa. It
balance the right and responsibility and these three principle are also recognize as the African
chatter on the rise and welfare of the child in article 2, 3 of the chatter

HOW ARE CHILDREN PROTECTED AT NATIONAL LEVEL

Convention on right of a child and the child act of 2009 in Tanzania it reflect three (3) crucial
principle which are recognized as the right of a child, article 4(1) provides for the best interest of
the child

Section 5 provide for non discrimination principle

Section 11 provide for the child opinion

This act recognize a person under the age of 18 as a child, however this act provide rule for their
laws to define a child otherwise. But within it, under part 7it allows a child to be employed into
light work.

REFUGEES AND INTERNALLY DISPLACED PEOPLE

Refugees Is defined by the refugee convention of 1951 as a person who has well founded fear of
prosecution because of his or her race, religion, nationality, or political and because of that fear
flies the country and is unable or unwilling to unveil so he/she needs the protection of the foreign
country

A person of reasonable fear of being killed or tortured crosses boarder to another country due to
that fear such person can be called a refugees.

An internally displaced people, this are the people run from one place to another but they don’t
cross the border, its within the territory of the particular state.

The refugee’s rights are protected in a specific way because of their lives, there are some specific
basic principles of refugees which are;

1. Right to protection against refourment, under article 13 of the refugees convention

the principle of non refourment prohibit the state to return the refugees or expel in
 any manner to a country where his life would be in danger. This principle also cover
the issue of rejection of refugees to enter into a certain country
2. Right to seek asylum this guarantee every person to seek and enjoy asylum, asylum
is the permit to a foreigner to stay in a certain place but this foreigner must be a
refugees.
3. Right to life and personal security
4. Right to equality and non discrimination
5. Right to return they have the right to go back to their country if the situation is back
to normal
6. Right to remain sometimes a refugee can be denied the right to asylum because the
person is comitte crime and is needed to be return back to his country, if that happen
then this refugee have the right to remain in the forgn country if he can prove that by
him to return to his country he can face death or tortured.

In Africa there is convention governing on specific aspect of refugees problems in 1969, define
refugee as any person who compelled to live his or her country owing to external aggression,
foreign domination or even seriously disturbing public order in their part or all of his country of
origin article 1(2).

From Tanzania we have the refugee act No 9 of 1998, it does not provide specifically for the
right of refugee but gives the procedure for granting the asylum, how to consider single refugee
but as long as we have international standard then we have to apply the basic principle as stated
in the international standard.

TOPIC FOUR

HUMAN RIGHT SCHOLAR

This is about protection, promotion and enforcement of human rights, the three are done by the
systems which are based on levels, and these levels are;

1. International level
 2. National level/ domestic level
3.

INTERNATIONAL LEVEL

This is the global human right system and basically it has two branches;

i. Chatter/ basic system

ii. Treaty basic system

CHARTER BASIC SYSTEM.

The charter basic system is created under united nation charter where its provides organs of the
United Nations, and also the bodies which are responsible for protecting human rights. So under
charter basic system the following are being establish by the system

 The organs which is general assembly of UN

 The security council
 The economic and social council
 International court of justice (ICJ)

GENERAL ASSEMBLY

This is an administration of the UN, therefore all members of UN are the member of the General
assembly, and all convention is adopted by the general assembly.

From the general assembly we have the Security Council which is the organ of the UN. Its
obligation is to maintain security in the world (peace). And his member are 15 different from the
general assembly where 7 member are being elected time to time and the remaining 5 members
are holding permanent sit.

In order to reach a certain conclusion the subject is forwarded to special majority vote and
among majority vote, and if it happens that one of those 5 members denies then the whole vote
becomes void.

The economic and social council, is the organ within UN which is responsible for economic
development of people all over the world, hence it is believed that in order for the people to
enjoy human rights there must be a good economic and social development to the people.

This organ has 64 members who are elected by the general assembly for the term of three years
also it has several commissions which are the commission responsible for specific matters,
regional commission (place to place) and statistical commission.

The last one is the ICJ, it was established in 1995 it is responsible for solving legal dispute
between states and also it provide advice on legal matter. The judges of ICJ are been elected by
the General Assembly and remain working for five years and its jurisdiction is all over the world.
HOW CASES ARE INSTITUTED

There are done in two ways;

1. Through notification of special agreement, under this way state parties to the case
notifying the court about the dispute. This happen when two state agrees to take
the case to the ICJ
2. Through application, where by a single state applies to ICJ when a certain state
with dispute and application must indicate the basic of court jurisdiction, material
fact and grounds for claim

Two kinds of jurisdiction

1. Jurisdiction to all members of UN

2. Jurisdiction to all state members of the ICJ statute

BODIES OF THE UNITED NATIONS

Human right council

This human right council was established in June 2006 before this there was body called
commission on human right, this commission was established in 1946 and went up to 2006, it is
the one which establish UDHR.

Human right council has 47members, these member are diplomatic they represent their state. The
member state are elected by the General assembly every after 3 years. The function is to promote
universal respect for human rights and foundation.

Function of this commission

1. To address gross and systematic violation of human rights

2. Make recommendation to the UN
3. Promote effective coordination of human rights to the UN system
4. Promote universal protection of human rights and freedom

Generally this is the very specific body of UN which deals with human rights issues

TREATY BASED SYSTEM

This is a system which is build up on the 9 core international convention including human rights,
and these convention are;

1. International convention on civil and political rights ICCPR OF 1969

2. International convention on economic, social and cultural rights ICESCR OF
1966
3. Convention on elimination of discrimination against women CEDAW of 1979
4. International Convention against torture ICAT of1984
 5. Convention of the right of child CRC of 1989
6. International convention on elimination of racial discrimination of 1965
7. Convention of the right of people with disability CRPD of 2006

Each treaty establishes a committee to make sure that countries are been compel with obligation
and liabilities of the treaty.

The committee that established theses treaty are known as the treaty monetary bodies

Functions of the committee (TMBs)

 To promote the treaty

 To interpret the provision of the convention
 To monitor compliance of treat.

There is an opportunity if any state think that there is violation of any provision, they can file
complain.

INTERNATIONAL CRIMINAL COURT (ICC)

It is an international institution but it is not part of the international system of human rights. It
was established by the Rome statute which came into force in 1/07/2002 it is the first permanent
treaty that based on criminal court dealing with offences which are most serious international
crimes.

The seat of the court is in Netherlands and the court has jurisdiction over genocide crimes against
humanity and war crime. Crime against humanity this are offences which constitute serious
attack on human dignity, humiliation of human being.

The pure legal definition is provided under article 6, 5 and 8 of the Rome statute

NB; ICC has no universal jurisdiction, this is so in the sense that ICC exercise its jurisdiction
only when;

1. The accused is a citizen of a state which is part of the Rome statute

2. ICC can exercise its jurisdiction only when the crime occurred on the territory of
the state part of the Rome statute
3. When the matter is reflected to it by the UN security council
4. Thus jurisdiction is further limited to crimes occurred since 1/07/2002

COMPLEMENTARY OF THE ICC

The ICC was established to compliment the local jurisdiction in the sense that ICC is there when
local courts fails to take any measures against the traitors of serious international crimes.
Therefore certain case may not be admissible even if the country has signed the Rome statute.
NB; The ICC is not part of the organ of the UN system, it is an independent institution.

THE REGIONAL SYSTEM OF HUMAN RIGHTS

This is the continental system of human right, and each level must have its own system of human
rights. But unfortunately we have three (3) system of human right which are;

1. America system
2. Europe system
3. African system

In Africa there is no well established system of human rights but they are still trying to establish

THE AFRICAN SYSTEM OF HUMAN RIGHTS

It started to initiate under the organization of organization of OAU in 1963. The OAU decided to
draft the African charter on human rights, it was drafted by the OAU and entered into force in
1986 but it was adopted in 1981

The adaptation of human rights charter marked the beginning of the African system of human
rights. The African charter guarantees for the individual and group rights, it established the
commission which is responsible for promotion and protection and also to interpret the charter.

This commission started in 1987, their compositions are all members who are nominated by the
state and then elected by the AU assembly. AU assembly is the assembly of heads of the state
and they stay in the office of about 6 years, this term of time is renewable. The chairman serve
for two years and the time is renewable.

There are five (5) procedures for enforcement by the African commission

1. Complain procedure ; where by state communicate cases before the commission

2. Considerations of state in course members of African charter are suppose to write
a report on their effort to comply with the charter every after 2 years. NGOs are to
submitted shadow report from their observation
3. Special rapporteus; these are the special people appointed by the commission to
investigate on a certain matter and report to the commission.
4. Site visiting; the commission conduct a site visiting to see what is going on in
relation to human rights issues
5. Resolution the commission gives out the statement of opinion in case of any issue
relate to human rights.

AFRICAN COURT ON HUMAN RIGHTS.

The African charter published the commission, the court was not published by the African
charter but it was established by the protocol of human and African charter and that establishes
the African court

NB; where the African court was established there were no African court but there was only
African commission.

African court was established in 1998 when the protocol was adopted. In 2004 the court was
established and in 2006 it started to work. Articles 1 of the protocol establish the court. The
establishment of the court was taken as the reform of African commission, 11 judges who works
under individual capacity, the state that are part of the protocol nominate judges and they are
elected by the AU assembly as per article 17 of the protocol.

JURISDICTION OF THE COURT

This court has the jurisdtion over all cases and dispute submitted to it and which are connected
with the violation of the charter, also over state parties to the protocol which establish the court.

Only 30 countries have signed this document out of 56 countries. Also it has jurisdiction on cases
regarding interpretation and application of the charter as per article 3 of the charter.

TYPES OF JURISDICTIONS

1. Advisory jurisdiction

Jurisdiction of the court to deal with criminal matters is still in setting in the jurisdiction over
serious international crime. In order for the individual to take the matter African court the state
must have declare access to this court as per article 4(6) and article 5 of the protocol, it is only 8
countries which have declared the access out of 30

In order for the person to take a case to this court, a person should use local remedies from his
country first then he can take the matter to this court.

TOPIC FIVE

CORPORATIONS AND HUMAN RIGHTS

State are responsible to human rights and whatever done by these corporations. When doing
business every step is regulated by state policies or guidelines. This is done in order to make sure
bad impact are minimize.
It is the requirement under international laws to make sure state and others organization do not
harm the people.

Another thing can be corruption, state might have good rules that no company escape from that
but due to corruption these rule are not enforced properly also should try to minimize all bad
impact not to be brought to people

This idea comes from the angle of human right, we have two important things;

 Corporate social responsibility

 Corporate social accountability

CORPORATE SOCIAL RESPONSIBILITY

Its about how companies manage their business process to produce to an overall positive impact
from the society to environment, it’s to account the involvement of the company with the state
holders rather than share holder alone.

Nowadays companies are entitling of share holder and state holder; not big companies but also
small company and every that will do business to take profit.

The idea corporate social responsibility in another angle is considered as local governance
mechanism designs to create out most order around the pillars of democracy human right and
economic development.

Corporate social responsibility under human right can be defined as an act with due diligence to
avoid infringement of the right of individual and addressing the bad impact that they occur

It must be able to compeset if bad thing have been occurred, at the international level we don’t
have convention or legal document enforceable to enforce all this rights. What has been done is
adopting guidelines called United Nation Corporate Responsibility for Human Right.

Under these guidelines there is UN enforcement for better management of business and human
rights challenges.

The frame work is for three (3) pillars

1. To protect human rights

2. To respect human rights
3. To effective remedies

TO PROTECT HUMAN RIGHTS

Government have to protect the citizen against the human right abuses by third parties including
the company, human rights should not be enforced while there are policies. The state should
promote policies and regulation that favors rights of individuals as long as people can be
protected

TO RESPECT HUMAN RIGHTS

Under this pillar there are companies which don’t respect these human rights, to take all
necessary steps to avoid violation of these rights of individuals. To have internal policy of human
right which will be able to measure and know if the company is doing what should be done when
it comes to human rights

TO EFFECTIVE REMEDIES

Great access to effective remedies to all people who are affected with the violation of human
rights. This is possible by having judicial or non judicial organs that are responsible to grant
remedies in case of violation of human rights

CORPORATE SOCIAL ACCOUNTABILITY

This means ability of a person affected by the act of the corporation to control the operation of
that operation and this refers most to confrontation or enforceable of enforcing corporate of
company behavior

THE DIFFERENCE BETWEEN CORPORATE SOCIAL RESPONSIBILITY AND

CORPORATE SOCIAL ACCOUNTABILITY

The CSR is to change the company to be responsible in protection of the state holder rather than
share holder, the CSA is about influencing the company behavior by pressure to court or any
other organ so as it can pay compensation and be accountable for it has done.

The CSA depend much on CSR, the idea of CSA requires fundamental change of the legal frame
work which is favorable and suitable.