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Human Rights, myth or fable?

Panshak Yusufu Gomos

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The Concept of Human Rights.
Historical development
Historically speaking, the emergence of Human rights can be linked to a need based on certain
events or activities that were deemed to either violate or infringe upon individuals, groups and
sometimes global human rights.
For example, the coming together of global partners and communities for international markets
and trade, regional political alliances and with improved transportation, technology and
communications presented a multicultural society created differences, tension, confusion and
conflict. There was consistently an understandable urge to return to old conventions, traditional
cultures, fundamental values, and the familiar, seemingly secure, sense of one's identity. Without
a secure sense of identity amidst the turmoil of transition, people were forced into isolationism,
ethnocentricism and intolerance.
The universal declaration of Human Rights as we know it today was presented as a direct
consequence of World War II and the The Holocaust shortly after the formation of the United
Nations in 1948. The declearation was thus borne out of mans desire and quest for peace against
the backdrop of Nazi & Fascist conceptions and expressions.
Owing to the ongoing work of the United Nations, the universality of human rights has been
clearly established and recognized in international law. Human rights are emphasized among the
purposes of the United Nations as proclaimed in its Charter, which states that human rights are
"for all without distinction". Human rights are the natural-born rights for every human being,
universally. They are not privileges.

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The Charter encourages the United Nations and all Member States to action promoting "universal
respect for, and observance of, human rights and fundamental freedoms". As the cornerstone of
the International Bill of Rights, the Universal Declaration of Human Rights affirms consensus on
a universal standard of human rights. In the recent issue of A Global Agenda, Charles Norchi
points out that the Universal Declaration "represents a broader consensus on human dignity than
does any single culture or tradition".
The United nations and its affiliated have spent over 5 decades working on and improving
standarderdization which has led to the establishment of two successful international covenants
in human rights: (International Covenant on Economic, Social and Cultural Rights, and
International Covenant on Civil and Political Rights), the other international standard-setting
machinery are directly related to concerns, including genocide, slavery, torture, racial
discrimination, discrimination against women, rights of the child, minorities and religious
tolerance.
Application & Conclusion
To understand the statics; or dynamism of Human Rights let us consider a key questions that
helps to project our perceptions. How can universal human rights exist in a culturally diverse
world? As the international community becomes increasingly integrated, how can cultural
diversity and integrity be respected? Is a global culture inevitable? If so, is the world ready for it?
How could a global culture emerge based on and guided by human dignity and tolerance? These
are some of the issues, concerns and questions underlying the debate over universal human rights
and cultural relativism and form the basis for its dynamic nature.

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It can be argued that universalist notion of human rights presented in the Universal Declaration
of Human Rights is based on universalist ethics. Human rights ethics is based on the priority of
right over the good. The right is considered as universal and based on reason, while the good
is perceived as a historically and culturally contingent term. This ethics gives priority to the
conception of humanity perceived as universal and essential.
Human rights is not a static concept, it is a dynamic concept, because countries, people and
circumstances change and because we establish different values over time. For example, the
issues on gay rights, which were not and concern in 1948 have become such a big deal now as
more gays are coming out and demanding the same right as everyone else regarding marriage,
societal acceptability and equality. Also, global warming and the environmental concerns are an
issue among many counties and there is a demand for the responsible use of energy and energy
sources. These developments would have been unheard of if not for the dynamic nature of human
rights. Human rights have evolved to not just issues bothering on a direct impact on mans
individuality but a composition of forces such as environmental, consciental and sometimes
abstract or virtual perspectives of rights that in themselves are not human rights but do play a
role in affecting the individuality and rights of people.
Human Rights- Applications
Basic Tenets of the utilitarian theory
Utilitarianism is one ethical theory which suggests that the principle of right and wrong (in
taking an action or implementation of a policy) specifically in public sector organizations, is
soley on the resulting consequence(s). It assumes that individual interests are secondary and that
interests of others are always primary and basic (the implied composition principle)

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Benthams utilitarian theory of value (Postema, 2006) implies that:
1. Pleasure and Pain play a significant role in human existence
2. In taking any action or in policy implementation, descisions can be concluded (i.e.
accepted or rescinded) based on how much pleasure or pain results or is the final
outcome.
3. Pleasure is synonymous to a good action while Pain is synonymous to a bad or evil
action.
4. He recommends that pleasure and pain i.e. good & evil and measureable quantities

Bentham relates ethics, morality and social justice by suggesting that public utility (Government)
is the foundation of morality. He adds that while an individual may loose in some way (an
unfavourable action or policy) untimately there is a gain for someone else. No single individual
may be sacrificed for another individual, group or community. This universal interest is social
justice.
Examples of Human Rights Violations
1. Extrajudicial killing of civilians by Nigerian Police and Security forces:
One of the major human rights violations we have today in Nigeria remains the problem
of extra-judicial killing of innocent civilians by security forces particularly during
peaceful demonstrations, riots and sectarian violence. Most times victims are armsless
civilians who are only trying to exhibit their rights and freedom of association, protest
and seek audience for a perceived greviance.
Typical examples are November 2008 local council elections in Jos Plateau.

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2. Death of a suspect while in police custody and denied legal representation:
This is the story of Wale lassisi, a Senior University Student leader in one of Nigerias
institutions who died in 2012 while in Police custody. Wale was accused by the police for
inciting public disturbance and disturbing the public peace. He insisted it was his right to
protest any injustice my university management and authority. He was denied legal
council and was remanded for close to two weeks before rumors of his death were
received. The National Association of Nigerian Students staged a nationwide protest that
almost grounded Tertiary institutions and almost led to confrontation between law
enforcement and students.
3. Discrimination based on race:
My friend, my Austin Dan got a bachelors degree in Nigeria and proceeded to the UK for
a Masters and PhD in computing and information Engineering. He work as a software
developer and systems designer for Cisco in the UK. He got a good offer with prospects
in Dubai and took the Job. Upon resumption, he was told that he had to report to a fresh
graduate with no work experience and who was supposed to be a project manager as
well. All because the boy was a UAE national and my friend was so disappointed, he
chose to leave.

Ranking based on utilitarian theory and conclusion

Considering death of an individual as the greatest pain, we can rank Extrajudicial killing
of civilians by Nigerian Police and Security forces as the highest. This is more so worring
because it was the state (government) that probably initiated it.

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The right to fair trial, right to life and the presumption of innocence makes the Death of a
suspect while in police custody and denied legal representation the next in rank. Moreso
the outcome from students unrest would have translated into many more deaths.
The final example does not involve so much pain and physical injury. It however,
represents the view that discrimination purely based on religion, tribe, education is indeed
a human rights violation and hence it is ranked third (last).

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References
Jean-Marc Coicaud, Michael W. Doyle, and Anne-Marie Gardner. The Globalization of Human
Rights. Tokyo: United Nations University Press, 2003.
Cavalier, Robert. Philosophy department, Carnegie Mellon. Retrieved from
http://www.caae.phil.cmu.edu/Cavalier/80130/

Gerald J. Postema (2006). Interests, Universal and Particular: Bentham's Utilitarian Theory of
Value. Utilitas, 18, pp 109-133. doi:10.1017/S0953820806001889.

Nickel, James.(2012).Human Rights. The Stanford Encyclopedia of Philosophy. Retrieved from:

http://plato.stanford.edu/entries/rights-human/
Shenker, Diana Ayton. The Challenge of Human Rights and Cultural Diversity United Nations
Department of Public Information DPI/1627/HR--March 1995. Retrieved from:
http://www.un.org/rights/dpi1627e.htm
The Concept of Human rights Studymode.com Retrieved from:
http://www.studymode.com/essays/The-concept-of-Human-Rights-1815138.htm
U.S. Declaration of Independence, Paragraphs 4 (1776).