STEP 5: Human Rights Issues Relating to What Happened

STEP 5:  HUMAN RIGHTS ISSUES RELATING TO THE VIOLATION OR ABUSE

To be effective in any human rights activism, education, advocacy and the process of the rule of law, it is important to clearly relate the issue (what happened) to specific human rights provisions and provisions in law.

In our hypothetical assault case of Kwame vs Kofi, we can cite the following provisions in human rights instruments when acting:

UNIVERSAL DECLARATION OF HUMAN RIGHTS

·         Article 3: Everyone has the right to life, liberty and security of person.

·         Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

·         Article 8: Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

·         Article 9: No one shall be subjected to arbitrary arrest, detention or exile.

AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS

·         Article 4: Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person….

·         Article 5: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status.

·         Article 6: Every individual shall have the right to liberty and to the security of his person…

UN COVENANT ON CIVIL AND POLITICAL RIGHTS

·         Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment…

·         Article 9: 1. Everyone has the right to liberty and security of person

Article 17:

·         1. No one shall be subjected to arbitrary or unlawful interference with his privacy… nor to unlawful attacks on his honour and reputation.

·         2. Everyone has the right to the protection of the law against such interference or attacks.

1992 CONSTITUTION OF GHANA

Article 15

·         The dignity of all persons shall be inviolable.

·         (2) No person shall, whether or not he is arrested, restricted or detained, be subjected to— (a) torture or other cruel, inhuman or degrading treatment or punishment;…