10 limitations to human rights: Are they justifiable?

What are the 10 limitations to human rights? Well, it’s important to note that every human has rights, privileges, duties as well as liabilities, and these are put into cognizance in the various laws that exist in Nigeria. However, not every rights enjoy the same level of priority and protection.

There are certain rights that are absolute and inalienable and as such the law has special provisions for them.  Most rights, however, are not absolute and for various reasons suffer some limitations. We shall be looking at the 10 limitations to human rights in Nigeria, but first, what are fundamental human rights?

What are fundamental human rights?

Fundamental human rights are a group of rights and freedom that belongs to every person regardless of where you are from, your belief and lifestyle. These rights belongs to every person from birth to death and are specifically identified in a constitution and enjoy high degree of protection from encroachment. These rights can never be taken away, however, they can be limited, especially when someone breaches the law and violets another person’s rights. Shortly, we shall be looking at 10 limitations to human rights.       

Human rights include the right to life, freedom from torture and inhumane treatment, right to work and education, etc. These rights are based on shared values such as fairness, equity, justice, dignity, respect and independence.

History of Fundamental Human Rights in Nigeria

The history of fundamental human rights in Nigeria in the modern sense is traceable to the 1960 independence constitution and the others that followed, like the Republican Constitution of 1963 and the 1999 Constitution of the Federal Republic of Nigeria. However, human rights and fundamental freedoms predates the advent of the colonial rule.

The right to fundamental human rights such as freedom of thoughts, freedom of speech, belief and association, right to participate in government, right to own private properties, right to family, kin and class have always been jealously guarded.

In the Northern part of Nigeria, fundamental human rights are protected and guaranteed in accordance with the tenets of Islam where justice and equity are held in high esteem.

The need for protection of human rights is not only recognized internationally and nationally as the foundation of freedom and justice but as primary and indispensable element for the preservation of peace universally.

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What are the 10 basic human rights every Nigerian should know about?

Here are 10 basic human rights contained in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria that every Nigerian should know:  

The Right to life:

This means that nobody, Government inclusive, can try to end your life. It also means that Government has the responsibility to safeguard your life and protect you when your life is at risk.

The Right to Dignity:

It means you have right to be valued, respected and treated ethically.

The Right to Freedom of Thought, Conscience and Religion:

You have the right to think freely, have ideas, and to demonstrate or manifest religious and other beliefs.  

The Right to Freedom of Expression:

You have right to hold your own opinions and to freely express them without any form of interference.

The Right to fair hearing:

You have the right to be notified of the charge being levied against you and must be given the chance to meet that charge. It also means you are entitled to a fair and public hearing by constituted competent, independent and impartial legal or judicial body.

The Right to Freedom from Discrimination:

You have right not to be ill-treated on the bases of your race, colour, social and financial status, sex, religion, language, political affiliation, and other opinions.

The Right to own property:

The constitution, in the bid to eliminate destructive competition by violence for control of economic resources, has provision for right to own properties. That means you have the right to own and control private properties but within the ambient of the law.

The Right to Privacy:

You have the right to your personal and private life, thoughts, ideas without being monitored.

The Right to Freedom of Assembly and Association:

You have the right to join or form associations for the purpose of pursuing common goals. You have right to peaceful assembly and to engage in peaceful protest to protect interest of individuals and groups.  

The Right to Freedom of Movement:

You have right to move freely within unrestricted territories and to choose where to live.

What are limitations to human rights?

There are simply necessary limitations put in place to balance the competing and disagreeing rights for the purpose of harmonizing all the rights with other public objectives.

However, not every limitation of a human right is lawful, but it is if the limitation applies to all people or group and not just one person or if there is a good reason do so, and the reason is justified in the society.

Now, let’s look at 10 limitations to human rights.  

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10 limitations to human rights

Limitations to the fundamental human right to life:

Yes, you have right to life, but there are limitations. One of such limitations to the fundamental human right to life is the execution of court sentence with respect to a criminal offense punishable by death for which one has been adjudged guilty.  

Limitations to the right to freedom of speech:

You have right to freedom of speech, but this right is not regarded as absolute and so have some limits, especially when it conflicts with other rights. Example is in the case of slanderous words, fighting words, hate speech, body shaming others with your words, theft of intellectual property, etc.

Limitations to the right to freedom of movement:

What are the limitations of right to freedom of movement? They include sit-at-home orders, curfews, declaration of state of emergency, etc. The government can impose limitation to the right to freedom of movement of her citizens in order to protect their lives and properties. This can be due to outbreak of pandemic, terrorism, etc. Other forms of limitation to right to movement include guardianship orders, lawful detention, family violence intervention, etc.

Limitations to the right to fair hearing:

In criminal and civil proceeding, an individual has right to a fair hearing, meaning the person has right to be notified of the charge levied against him or her and is given the opportunity to meet that charge.

The human right to fair hearing is not absolute. This right can be denied in a situation where the person is given the opportunity to speak and defend himself but refuses to speak, such opportunity may not be given again.  

The right to fair hearing also means you have the right to be represented by a lawyer of your choice, but such a lawyer must not be under any legal disability and must be entitled to practice in Nigeria, otherwise, this right will be limited.  

Limitations to the right to privacy:

It is true that you have right to privacy and shouldn’t be subjected to arbitrary interference with your privacy, home, family, correspondence.

The right to privacy is not absolute. It can be limited where it is fair, reasonable and justifiable in an open and democratic society.

It also means that it is not impossible for the information you post and share on your social media pages to be used as evidence against you in the court of law.  

Limitations to the right to freedom of religion:

While the law allows for freedom to choose religion, it frowns at religious principles that violates other fundamental human rights. For example, the law will not allow infliction of injury as a means of performing ‘miraculous healing’.  The law will always step in when a religious belief is barbaric, unreasonable and poses thread to life.

Limitations to the right to freedom to own property:

While an individual has right to own properties in Nigeria, the government has the power to take-over ownership of a property for the benefit of the citizens. However, during such compulsory acquisition, the owner of the property has to be adequately compensated.

Limitations to the right to Dignity:

To be continued…

Conclusion:

Not every fundamental human right is absolute. Some are non-absolute in nature and hence have limitations. This is because in enjoying your fundamental human right, you are to do so in a manner that does not infringe on the rights of your neighbors. It is your right to know your rights and to ensure you do not the rights of others for granted.

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