Abstract
The term Human Rights means all the rights which are present in our society and without such rights one cannot live as human beings. Human Rights are the basic rights that a person irrespective of race, gender or any other background cannot be denied anywhere or at any condition. This project emphasizes the importance of human rights in day to day life and the role of education in protecting and promoting these rights in Nigeria. It also shown here the potentiality of education to inculcate and imbibe the norms and values in a person and use them in his life. My research is concluded with some recommendations that should be taken as a part of education programmes.
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF STUDY
Human Rights are inherent and inalienable rights are due to an individual by virtue of his/her beings a human being. These rights are necessary to ensure the dignity of every person as human beings. Whatever our nationality, place of residence, national and ethnical origin, race, religion, language, sex or any other factor. The total concept is based on the assumption that human beings are born equal in dignity and rights. We are all equally entitled to our human rights without any discrimination. Human rights are interrelated, enforced by law, in the form of International law, General principles and other sources of International law. International Human rights law lays down various obligations of government to act in certain ways in order to promote and protect human rights and fundamental freedoms of individuals or groups.
Fundamental Rights are rights derived from natural or fundamental or constitutional law. They are rights which remain in the realm of domestic law, which are recognized, entrenched and guaranteed in the constitution of a country or any other legal instrument such as the African Charter on Human and People’s Rights. Fundamental Human Rights are also described as rights which are inalienable and guaranteed to every person.
The Constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples‟ Right guarantee fundamental human rights. These Fundamental Human Rights are not privileges in the sense that they could be withdrawn at the whims and caprices of the government of the day. They are rights which the executive and legislature are enjoined to respect and the judiciary to protect. However, there are instances where these guaranteed rights are violated either by the law enforcement agents or in quasi-judicial proceedings.
Human rights are basically understood as a basic fundamental right that cannot be denied by any individuals or person or any government generally becomes he/she is a human being. Human rights developed from the concepts of natural rights. The ideas of elaboration and protection of human rights of human beings have been gradually transformed into written form . Human rights became culminate with thoughts of Philosophers like Hobbes, Locke, Rousseau, Francis Hutcheson and also became prominent with Magna carta , American declaration of Independence, French Declaration on the rights of man and Bolsevik Revolution. Most of the basic idea and norms of human rights which are recently existing adopted as Universal Declaration of Human Rights in 1948 by UN General Assembly. It is the result of the Second World War and atrocities of “ The Holocaust”.
Human Rights & Duties Education will aim at making the learners acquire conceptual clarity and develop respect for norms and values of freedom, equality, fraternity and justice with their philosophical, ethical, social, economic and political dimensions. A full understanding of UDHR and the relevant Constitutional-legal provisions and institutional mechanism for realization andenforcement of rights in the country will constitute an objective. It will include awareness of civil society organizations and movements promoting human rights.Human rights education is a lifelong learning process aimed at fostering:
• Knowledge and skills — learning about human rights standards and mechanisms, as well as acquiring the skills to put them into practice in daily life;
• Values and attitudes — developing values and reinforcing attitudes which uphold human rights;
• Behavior and action — encouraging action to defend and promote human rights.
1.2 Statemnt Of Problem
The Fundamental Right (Enforcement Procedure) Rules, 2009 is a new Rule made to replace the Fundamental Rights (Enforcement Procedure) Rules 1979. The basic objective of the 2009 Rules is to facilitate enforcement procedure by removing some of the impediments in 1979 rule which causes delay in enforcement of fundamental rights. Unfortunately it is clear that the procedure for enforcement of Fundamental Rights is still bedevilled by these impediments such as the distinction between principal and ancillary claim. Many applications alleging serious human rights violations are routinely struck out or dismissed[1]because of the impediments.
Eternal vigilance is the price of democracy. It is the function of education to create and foster an ever vigilant community. As John Dewey observed long ago: “the devotion of democracy to education is a familiar fact. The superficial explain is that a government resting upon popular suffrage cannot be successful unless those who elect and who obey their governors are educated. Since a democratic society repudiate the principle of external authority, it must find a substitute in voluntary disposition and interest; these can be created only by education. But there is a deeper explanation. A democracy is more than a form of government; it is primarily a mode of associated living of conjoint communicated experience.”(John Dewey, 1965.P.87)
Education acts as a key lever of democratic machinery. The promotion, survival, and success of a democratic society largely rests upon a well-organized, self-disciplined, open-minded, rational, scientific tempered, secular oriented masses who have cultivated habits of discusions,faith in non-violence, peaceful methods of solving problems and faith in justice and equality etc. through education. Education should lead to the creation and promotion of self-reliant and self-sustaining society which can take care of their problems of health, hygiene, environment, communal tensions, children education, youth welfare, optimum utilization of local resources etc.
1.3 Objectives of the Study :
1. To Provide clear cut meaning, origin and evolution of the concept of Human rights.
2. To study the role of education in protection and promotion of human Rights.
3. To examine the importance , obstacles of human rights .
4. To examine the actual implementations of educational initiative to protect and promote human rights.
1.4 Scope of the Research
The scope of the research covers the appraisal of education and human rights and national security, the Nigerian perspective.
1.5 Research Methodology
The research employs doctrinal and empirical approach of study. Both primary and secondary source will be used in this research. The primary source includes, the Fundamental Rights Enforcement Procedure Rules as the principal legislation. The Constitution, other relevant statute, and case laws also constitute primary sources of materials. The secondary sources include, articles, literatures of legal writers in books, and newspapers on the subject matter. In the empirical research, this research will make use of questionnaire, which will be administered to the members of the legal profession and the law enforcement agents. This will give a fair if not accurate result as to the problems affecting the application of the Fundamental Rights (Enforcement Procedure) Rules 2009.
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