Means / Ways Of Protecting Fundamental Human Rights
Fundamental human right can be referred to as those inalienable (natural) rights, and privileges enjoyed by the citizens of a given state, which are usually stated in the constitution of the country. It is the responsibility of the state to ensure that its citizens enjoy these rights.
These are the rights the United Nations Organisation (UNO) has called on all member states and governments of the world to incorporate in their constitution.
Such Rights include:
The right to life, security and protection from inhuman treatment, freedom from slavery, the right to seek redress in court, freedom from unlawful detention and imprisonment, freedom of movement, freedom of joining and forming associations, freedom of expression and free freedom of the press, etc.
Means Of Protecting Fundamental Human Rights
Fundamental human rights can be safeguarded in the followmg ways:
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Formal Recognition of the Right
Where the constitution is written, the rights should be inserted in it. There should be effective legislation where the constitution is unwritten. For example, Britain which has an unwritten constitution protects the rights of the citizens with the Habeas Corpus Act of 1679, the Magna Carta of 1215 and the Bill of Rights of 1689.
In 1789, the French National Assembly adopted the Declaration of Man to safeguard citizens rights. At present, no constitution will be considered complete without a blll of rights.
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Existence of An Independent Judiciary
An independent and impartial judiciary is essential to the enforcement of the rights of the citizens.
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Existence of Representative Institutions
Representative institutions, such as the legislature, are needed to make laws that will protect the rights of the citizens.
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The Ombudsman
People who do not have access to lawyers can seek redress through the ombudsman (Public Complaint Commission).
There should be rule of law applied by impartial judges.
