HUMAN RIGHTS

These are the entitlements human beings have in order to live a dignified life.

They can also be defined ad powers of free action that every individual is endeared with by virtue of
belonging to the human race.

Fundamental human rights are those rights which are essential for development of human
personality. They are the basic rights that are essential for the development of the human
personality.

CHARACTERISTICS OF HUMAN RIGHTS.

 Universal
 Indivisible
 Interdependent
 Inherent
 Inviolable.

IMPORTACNCE OF HUMAN RIGHTS

Brief history of human rights development

Human rights are as old as human beings.

Human beings have always known that they should not be prevented from meeting their needs.

1st effort to unite needs was in 1918 by Roosevelt

Before 1948 every county observed human rights as it chose.

Human rights cover political, social and economical facets.

We also have civil liberties that are referred to as the 3rd generation human rights.

Those are the rights which accrue to groups rather than individuals civil and political rights are
fundamental. These restrict the power of the state in respect to individual dignity and actions while
protecting the individual from degrading treatment.

The social rights compel the state to create condition necessary for individual development and the
meeting of materials.

IMPORTANCE OF HUMAN RIGHTS

 Rights are inherent to human beings. They distinguish humans from other creatures.
 Respect for human right reduces internal and external conflict and strengthen national unity.
 Human rights guide the organs of the state regarding the exercise of power.
 They help human beings to live a dignified life, exploit their potential and satisfy their
spiritual and physical needs.
 Rights empower citizens and residents by giving them control of decision-making organs of
the state.
 Rights justify special treatment of minorities and other disadvantaged groups.
 Rights provide the citizens with the necessary information for the protection of democracy
IMPORTANCE OF RESPECTING HUMAN RIGHTS.

 It enables people to carry out economic activities in an atmosphere of peace hence

encourage development. People can move freely to do business because of freedom of
movement.
 Helps citizens feel free and secure in their country.
 It helps special groups such as the disable to receive fair treatment and equal opportunities.
 It helps to control abuse of power by the government against individual citizens.
 It encourages democracy, since citizens are able to make concerning them.
 All human beings are treated equally irrespective of their differences. Respect for human
rights encourages the inclusion of all members in the society national activities and events.
 It helps citizens to get efficient service in public offices.
 It reduces misunderstanding between government band citizens and also among the citizens
themselves. this helps to promote national unity.
 Children who are allowed to enjoy their rights are able to grow up well and be upright
citizens.

POLITICAL RIGHTS.

 Right to security.
 Right to privacy of a person.
 Right to life.
 Right to fair trial.
 Right to immigration.
 Right to vote.
 Right to access information.
 Freedom of association.
 Freedom of movement.
 Freedom from discrimination.
 Right to property. Right to acquire property anywhere in the country.
 Freedom arbitrary searches to one’s property are prohibited when necessary to the law
stipulates the procedure.
 Freedom from torture that includes any form of inhuman treatment whether physical,
emotional or psychological.
 Freedom from slavery. Any form of slavery or forced labour.
 Protection from arbitrary detention or arrest.
 Protection from discrimination.
 Right to a fair trial before an independent and impartial body.
 Right to a nationality.
 Right to freedom of movement and residence within the borders of each state and right to
leave any country ones’ own and returning to it.
 Right to marry and found a family.
 Freedom of thought, conscience and religion.
 Freedom of opinion and expression.
 Freedom of peaceful assembly and association.
 Right to take part in government directly through representatives.
SOCIAL HUMAN RIGHTS.

 Freedom from hunger.

 Right to education.
 Right to fair wages.
 Right to health.
 Right to social security.
 Right to work.
 Right to participate.
 Right to an adequate standard of living for self and family including basic needs and housing.
 Right to take part in cultural life and enjoy benefit of scientific progress and applications.

BILL OF RIGHTS.

Refers to notes on constitution.

Bill of rights- chapter 4 of the constitution of Kenya where the rights of the citizens are contained.

It is borrowed from the English bill of rights 1698 which brought and end to the conception of the
divine right of kings.

It is also adapted from the universal declaration of human rights and other conversations Kenya has
ratified. The rights outlined in the bill of rights are;

1. Right to life- from birth to natural death. This right includes all that sustains life e.g. food and
medical care.
2. Right to liberty and security- includes individual protection of the state over this person and
property.
3. Freedom of conscience- individuals are at liberty to follow whatever persuasions that please
without infringements on other’s freedom.
4. Freedom of movement- individual is permitted to move all over the country as he wishes but
there is a limitation on trespassing on private property and other designated areas.
5. Freedom of association and assembly.
6. Freedom from discrimination.
 Constitutional democracy- where the rights and powers of the majority are exercised within
the limits of the constitution. The rights of the minority are also guaranteed.

Principles of democracy.

1. Freedom of speech, debate and inquiry.

2. Participation of people in their government on a perpetual basis.
3. An open and accountable mass media.
4. Economic democracy to empower people with means of creating and controlling their own
wealth.
5. Equality before the law- equal chance to seek and receive justice.

Importance of UN charter on human rights.

i. Reaffirms that human beings are born free and equal in dignity and rights.
ii. Serve as driving force behind many human rights-based legislations.
iii. Has inspired creation of subsequent international documents such as international bill of
rights and the convention of all forms of racial discrimination.
iv. Makes the protection of human rights an important part of the international law.
v. Serves as basis for human rights observers like amnesty international to refer to
vi. Sets a standard of achievement for all nations to strive for.
vii. Serves as a moral conscience to the world community by providing international norms and
standards to which the world community is expected to adhere.

THE KENYAN BILL OF RIGHTS.

This is a statement of human rights in a constitution. Some of the general provisions that relate to
the bill of rights include;

i. Application of the bill of rights.

ii. Implementation of rights and fundamental freedoms.
iii. Enforcement of the bill of rights.
iv. Authority of the court to uphold and enforce the bill of rights.
v. Limitations of the rights or fundamental freedom.
vi. Rights and freedoms that may not be limited.
vii. Rights and fundamental freedoms i.e.
a) Right to life.
b) Equity.
c) Freedom from discrimination.
d) Gender.
e) Older members of the society.
f) Youth.
g) Children.
h) Family.
i) Persons living with disabilities.
j) Minorities and marginalized groups.
k) Human dignity.
l) Freedom and security of a person.
m) Slavery, servitude and forced labour.
 n) Privacy.
o) Access to information.

APLLICATION OF THE KENYAN BILL OF RIGHTS TO SPECIFIC GROUPS OF PEOPLE IN KENYA

I. CHILDREN
Every child has a right,

To a name and a nationality from birth

To free and compulsory basic education

To basic nutrition, shelter and healthcare.

To be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhumane
treatment and punishment, and hazardous or exploitative labour

To parental care and protection, which includes equal responsibility of the mother and father to
provide for the child, whether they are married to each other or not

Not to be detained, except as a measure of last resort, and when detained, to be held:

For the shortest appropriate period of time.

Separate from adults and in conditions that take account of the child’s sex and age

A child’s best interests are of paramount importance in every matter concerning the child

PERSONS WITH DISABILITIES

A person with any disability is entitled;

1. To be treated with dignity and respect and to be addressed and referred to in a manner that
is out demeaning
2. To access educational institutions and facilities for persons with disabilities that are
integrated ado society to the person’s interest
3. To reasonable access to all places, public transport and information
4. To use Sign language, Braille or other appropriate means of communication.
5. To access materials and devices to overcome constraints arising from the person’s disability,
6. The State shall ensure that at least five percent of the members of public in elective and
appointed bodies are persons with disabilities.

YOUTH

The State shall take measures, including affirmative action programmes, to ensure that the youth:

Access relevant education and training

Have opportunities to associate, be represented and participate political et social, economic and
other

spheres of life
Access employment

Are protected from harmful cultural practices and exploitation.

MINORITIES AND MARGINALISED GROUPS

The State shall put in place affirmative action programmes are designed to ensure that marginalized
groups-

Participate and are represented in governance and other spheres of Me

Are provided special opportunities in educational and economic fields.

Are provided special opportunities for access to employment

Develop their cultural values, languages, and practices

Have reasonable access to water, health services and infrastructure

OLDER MEMBERS OF SOCIETY

The State shall take measures to ensure the right folder persons-

To fully participate in the society’s affairs

To develop themselves.

To live in dignity and be free from abuse:

To receive reasonable care and assistance from their family and state

Rights of Arrested Persons,

An arrested person has the right:

To be promptly informed of the reason for the arrest, his/her right to remain silent and the
consequences of remaining silent

To remain silent

To communicate with an advocate and other people whose assistance is necessary.

Not to be forced to make a confession or admission that can be used against him/ her evidence as

To be held separately from people who are serving a sentence.

(a) Classification of human rights

Civil and political rights – These include the right to vote, think and access information These rights
aim at limiting the State’s interference in people’s personal lives. They are contained in the
Constitution to ensure their protection.
A Social, economic and cultural rights The State is expected to pursue policies that enable
individuals, families or groups to earn a living and provide basic needs. They include the right to start
a family, right to education, right to work and right to own property.

Solidarity rights – These rights require the State to pursue policies which do not destroy natural
resources or waste financial resources, but create conditions for peaceful and consensual living. They
include the right to a clean, healthy and sustainable environment, and the right to peace and
development.

(b) Characteristics of human rights

 Human rights are universal as they apply equally to all people.

 They are inherent. One has rights purely because he or she is human
 They are indivisible. One right cannot e applied if the other does not exist. For example, one
cannot enjoy other rights if the right to life is not protected.
 Human rights have limitations. In the enjoyment of one’s rights, one has a duty to respect
the rights of other people.
 Human rights may be suspended at times. For example, during times of war or outbreak of
contagious diseases, the freedom of movement is restricted.
 Ten human rights contained in the United Nations Charter on Human Rights
 Everyone has a right to life, liberty and security.
 Everyone has a right to recognition as a person before the law.
 Everyone has a right to a fair and public hearing by an independent and impartial tribunal in
the determination of his or her rights and obligations.
 Everyone has a right to nationality. One is also free to change nationality.
 A man and a woman of full age, without any limitation due to race, nationality or religion,
has a right to marry and start a family.
 Every member of society has a right to social security
 Everyone has a right to rest and leisure, which includes reasonable working and periodic
holidays with pay.
 Everyone has a right to education.
 Everyone has a right to work, to free choice of employment, to just and favourable
conditions of work, and protection against unemployment.
 Everyone has a right to participate freely in the cultural life of the community, and to enjoy
and share scientific advancement and its benefits.
 Everyone has a right to freedom of thought, conscience and religion.
 All human beings are born free and equal.

(b) Reasons why the UN Charter on Human Rights are important:

 The UN Charter reaffirms the fundamental human rights for all.

 It reaffirms the worth and dignity of all human beings.
 It recognizes equal rights for both men and women.
 It emphasizes the need to promote social progress for all.
 It advocates for better living standards for all.
 It emphasizes the various duties of all human beings to the community they live in.
 (a) Circumstances that can make a Kenyan citizen are denied the right to life:
 When defending self or property, the life of the aggressor could be lost.
 When effecting a lawful arrest, a person can lose his or her life.
 When preventing the escape of a k detained person, life could be lost
 During war, life could be lost.
 When preventing a person from comma crime or a felony, life could be lost
 When suppressing a riot or rebellion could be lost.

(b)Ways in which the Kenyan Bill of Rights protects the rights of individuals
 It states that every individual has the: to life.
 It guarantees liberty to all citizens by forbidding enslavement, detention imprisonment
without trial.
 It protects the individual from all form-torture or inhuman treatment.
 It guarantees the protection of private property and allows Kenyans to property anywhere in
the country
 It protects the individual’s freedom conscience and religion/worship.
 It guarantees the protection of freedom, speech and expression
 It gives Kenyans freedom of movement. This means that people can move freely throughout
the country and can reside in any part of the country. Kenyans protected from expulsion
from the country.
 It guarantees individuals against any form of discrimination on the basis of colour creed,
gender and religion.
 protects individuals from arbitrary search, arrest and entry into one’s prop without consent
 It provides for freedom of assembly association.
 It guarantees basic rights such as shelter education and food,

(a) Objectives of the Kenya National Hum Rights and Equality Commission:

 To protect the sovereignty of the people

 To ensure observance by all State organs of democratic values and principles
 To promote constitutionalism.

(b)
The safeguards established for the KNHREC by the Constitution:
 It is only subject to the Constitution and the law
 It is independent and not direction or control by any person authority
 Funding of the Commission is allocated by Parliament in order to facilitate its independence
from control or manipulation by other persons or offices.
 The composition of the Commission is governed by the constitutional provisions, which
stipulates that members should range between three and nine in number and the
chairperson must be approved by the National Assembly and appointed by the President

(c)The principles that guide appointment of the commissioners of the KNHREC:

  The Constitution allows some of the commissioners to work on part-time basis.
 Each commissioner is appointed to serve a term of not more than six years, and is not
eligible for reappointment.
 Unless ex officio or part-time, a commissioner must not occupy any other office or
employment for profit, whether public or private
 A member of the Commission is not liable for anything done in good faith in the
performance of a function of office.
 Members of the Commission must elect a vice-chairperson from among themselves at the
first sitting of the Commission, and whenever it becomes necessary to fill the position of the
vice-chairperson.
 The chairperson and vice-chairperson must not be of the same gender.
 The Commission has a secretary appointed by the chief executive officer of the Commission
and the Commission.

(c) Factors that could lead to the removal from office of a member of the KNHREC:

Serious violation of the Constitution or any other law.

Gross misconduct, whether in the performance of the members’ or office holders’ function or
otherwise.

Physical or mental incapacity to perform functions of the office.

Incompetence or bankruptcy.

A person whose conduct is not compatible with the expectations of members can be reported to the
National Assembly, which gives to the President a report upon which appointment of a tribunal to
investigate the allegations is done

Functions of the KNHREC:

Promoting respect for human rights and developing a culture of human rights in the country.

Promoting gender equality and equity and enhance gender observance in national development.

Promoting the protection and observance of human rights in public and private institutions.

Monitoring, investigating and reporting on the observance of human rights in all spheres of life in the
country, including observance by the national security organs.

Receiving and investigating complaints about alleged abuses of human rights and putting in place
measures to address human rights violations.

Taking initiative or acting on complaints and investigating matters concerning human rights, and
making recommendations to improve the functioning of State organs.

Acting as the principal organ of the State in ensuring compliance with obligations under treaties and
conventions relating to human rights.

Investigating any conduct in State affairs that appears to be improper or prejudiced.

Investigating complaints of abuse of power, unfair treatment, unlawful, oppressive, unfair or
unresponsive official conduct.

Reporting on results of investigations into the conduct of State affairs, including cases of impropriety
in administration, abuse of power, unfair treatment and injustice in official conduct.

The Constitution empowers everyone with the right to complain to the Commission in case one’s
rights or fundamental freedoms in the Bill of Rights are denied, violated, infringed upon or
threatened.

(a) The rights of the child as contained in the Constitution of Kenya (2010):

Survival rights: These are the basic rights of the child, which are necessary for survival. They include
the right to life, basic nutrition, shelter, health care, a name and nationality.

Development rights: These entail the support for intellectual, physical, moral, social and emotional
development of the child. They include the right to free and compulsory basic education, as well as
the right to parental care and protection of the child.

Rights of protection: This involves protection of the child from discrimination, neglect, harmful
cultural practices, abuse, inhuman treatment, punishment and exploitative labour.

b) The rights of persons with disabilities in Kenya:

Persons with disabilities enjoy the following rights:

Right to treatment with dignity and respect, and to be referred to in a manner that is not demeaning.

Right to access educational institutions and facilities. Some educational facilities are available for
people with specific disabilities, but some disabled persons can also benefit from educational
facilities that provide integrated services compatible for their needs.

Right to reasonable access to all places, public transport and information. Efforts have been made to
ensure that ramps are available for persons using wheelchairs, especially in public buildings.

Right to use sign language, Braille and other appropriate means of communication for persons with
disabilities.

Right to access materials and devices to overcome constraints arising from the disability.

These include hearing aids, walking sticks and other useful devices.

Right to opportunities to elect leaders and to participate in national development.

c) The rights of minorities and marginalized persons in Kenya:

Minorities and marginalized groups in the country enjoy the following rights:

Participating and being represented in governance and other spheres of life. They have a

Right to elect leaders and to participate in national development.

They are to be provided with special opportunities in all fields of social development such as
education.

They are to be offered special opportunities for access to employment.

They enjoy the freedom to develop their cultural values, languages, and positive cultural practices.

QUESTIONS

DEFINE DEMOCRACY

It is basically the role by role by the people.

It is a form of governing where power rests on the people, as it is rested in them and they exercise it
either directly or through freely elected representatives

2. according to Abraham Lincoln, it is a government of the people, for the people, by the people.

Q2: Outline the types of democracy.

1. Direct democracy/participatory democracy.

Individuals or organised groups are free to participate directly in affairs of the state. They are
involved in making decisions on various issues that concern them. The people become the
owners of the laws they make. It is usually effective where populations are small.
It may be practiced in large populations through;
Referendum- a piece of legislation is referred to the people.
2. Representative democracy/ indirect democracy
It is a situation where society members choose representatives to make decision on their
behalf or to run their affairs.
Two forms of indirect democracy
a) Delegative democracy- it is a situation where
b) Nomination democracy- the elected officials are allowed to nominate representatives
Although no elections are held there should be a consensus among officials on who to
nominate.
3. Consensus democracy
A situation where people discuss issues and arrive at an agreement e.g. participants in a
project help
Item all- this type of democracy works well in small groups.

Explain the importance/ benefits of democracy

1) Democratic system ensures transparency and accountability, here public officers act
according the the will of the people and the people know what is happening.
2) Democracy guarantees freedom where individuals are free to express themselves
and give their opinions and suggestions for good.
 3) It promotes respect for human rights and other issues outlined.
4) It enables citizens to elect leaders of their choice to rule them. This ensures the
wishes of the people are respected and people can always vote out bad leaders
during elections.
5) Democracy promotes the rule of law. This means that no one is above the law and
that all people are treated equally if they break the law. No one is discriminated
upon in the society. This gives a feeling of self worth and respect thus promoting
patriotism.
6) Misuse of power by government leaders is controlled even a president who misuses
power can be voted out of office by parliament.
7) Democracy ensures that citizens receive a fair share of the national resources (C.D.F)
Iin Kenya ensures that there is a fair distribution of resources.
8) Citizens are kept informed about the issues that affect them.
9) People are governed through consensus and in accordance with the constitution
thus people can make decisions on issues that affect them.
10) In democracy elections are free and fair. This gives all those elected an equal chance
to win.
11) People became responsible when their participation in various activities is
appreciated.
12) It allows people to have a multi-party system of government thus giving them
opportunities to join parties of their choice.
13) Develops peace
Conflict and conflict resolution
Define a conflict.

It is a state of disagreement or clash between ideas, interests or wishes of two opposing forces. these
forces can be people, groups of people or two countries.

Outline the causes of conflict in a society/cause of lawlessness in the society.

1. Difference of opinion- if a group of individuals hold different opinions on a give issue and
another feels otherwise there is a conflict of views e.g. different religious groups may conflict
in views on given religious issues.
2. Poverty- when people are poor and lack the basics desperation. They may easily act in
unreasonable ways for survival e.g. stealing and robbing those with.
3. Bad leadership and abuse of power. Where as leaders are in position to look after the
interest of people when they misuse their power conflict may result.
1. they may insult people and make statement that create tension during public meetings
e.g. telling their community to throw out those not from the community that have
property in their area.
2. They may practise tribalism and nepotism which may cause hatred among people.
3. They may concentrate on one area and ignore another; this may cause tension as people
fight for equality.
4. Abuse of human rights – if citizens are denied their rights, they can rebel against the
government e.g. where governments are led by dictators who have no respect for human
rights people are not given a chance to express themselves and this may lead to tension and
rebellion.
 5. 3power struggle- when two people or many groups are fighting for supremacy, they are in
conflict e.g. in Somalia it has been difficult to have peace and stability because people from
different clans have been fighting to become leaders. In Kenya the constant bickering of
leaders in different parties for supremacy creates conflict.
6. Border conflicts. At times neighbouring countries fight over the location of their common
boundaries.
7. Cultural differences- conflict may arise due to cultural differences. This would happen if one
group tries to promote their culture while one is opposed to it. Other causes of conflict are
religious differences
8. Lack of employment opportunities leads to idle people are more likely to cause problems.

WAYS OF SOLVING DISPUTES

1. Use of courts law- this is where those in conflict take the people to court this is called
litigation.
2. Peace making and keeping- usually used by UN to bring peace in countries where there are
civil wars. Military personnel from UN member countries are sent to the country at war to try
to control the two or more fighting groups. The outside forces are not allowed to fight with
the two sides and come up with a solution to the dispute.
3. Mediation- here a third party is used to settle a dispute the two conflicting people are each
given a chance to give their side of the story. The mediation helps the two parties reach an
agreement.
4. Negotiations the two conflicting parties hold a dialogue and listen to one another at some
point they may come to an agreement by themselves.