Civic Education · Lesson 3

Human rights, law & order, constituted authority & the rule of law

WAECNECO

What the syllabus asks

WAEC: meaning, categories and characteristics; meaning and historical background of the UDHR; the seven core freedoms; importance of the UDHR; roles of individuals, groups and government; limitations. Topic 4 Law and Order: definition, features, importance; constituted authority: meaning, types, roles. Section C Topic 14 (part): rule of law: meaning, features, importance, problems

NECO: meaning, categories and characteristics; meaning and historical background of the UDHR; the seven core freedoms; importance of the UDHR; roles of individuals, groups and government; limitations. Topic 4 Law and Order: definition, features, importance; constituted authority: meaning, types, roles. Section C Topic 14 (part): rule of law: meaning, features, importance, problems

What you will learn

Define human rights and explain their characteristics.
Classify human rights into categories with examples, including Nigeria’s Chapter IV rights.
Explain the meaning and historical background of the UDHR, its core freedoms and importance.
Describe the roles of individuals, groups and government in protecting human rights, and the limitations on rights.
Explain law and order and constituted authority, their types and importance.
Explain the rule of law, its features, importance and problems in Nigeria.

Key points

Human rights: basic rights of every person because they are human; constitutional ones are fundamental rights.
Characteristics: universal, inherent, inalienable, interdependent, equal, justiciable, not absolute, with duties.
Categories: civil and political; economic, social and cultural; environmental/collective.
Nigeria: Chapter IV, sections 33–46 (33 life, 34 dignity, 35 liberty, 36 fair hearing, 37 privacy, 38 religion, 39 expression, 40 assembly, 41 movement, 42 non-discrimination, 43–44 property, 45 restrictions, 46 enforcement).
UDHR: UN General Assembly, Paris, 10 December 1948; 30 articles; drafting chaired by Eleanor Roosevelt; Human Rights Day is 10 December.
Seven core freedoms: expression; thought/religion; assembly/association; movement; non-discrimination; from slavery; from torture.
Roles: individuals know, respect and claim rights; groups educate, monitor and give legal aid; government legislates, sets up NHRC (1995) and courts.
Limitations: s.45 (defence, public safety, order, morality, health), emergencies, s.38(4) secret societies, ignorance, poverty, delays, corruption.
Law and order: rules obeyed and society peaceful; constituted authority is lawful power (executive, legislative, judicial, traditional, security).
Rule of law (Dicey, 1885): supremacy, equality, rights; limited by immunity (s.308), emergencies, corruption and delays.

Start here: Meaning and characteristics of human rights

When a student is detained by a security officer for days without being told why, or a trader’s shop is seized without compensation, people say "my rights have been violated". What are these rights, and where do they come from?

Human rights are the basic rights, freedoms and privileges to which every person is entitled simply because he or she is a human being, regardless of sex, ethnic group, religion, age, place of origin or status.

When human rights are written into a country’s constitution and can be enforced in court, they are called fundamental rights. In Nigeria they appear in Chapter IV of the 1999 Constitution.

Characteristics (features) of human rights

Universal: they belong to all people everywhere.
Inherent: they come with being human; governments recognise them rather than give them.
Inalienable: they cannot be taken away arbitrarily; they can be restricted only by due process of law (e.g. a lawful prison sentence restricts liberty).
Indivisible and interdependent: rights support each other; the right to vote means little without freedom of expression.
Equal and non-discriminatory: everyone enjoys them equally.
Justiciable (for fundamental rights): they can be enforced in court.
Not absolute: they are limited by the rights of others and by laws in the interest of defence, public safety, order, morality and health.
Come with duties: every right carries a responsibility to respect others’ rights.

Worked example 3.1

Explain why human rights are described as "inalienable" yet a convicted robber can be imprisoned.

"Inalienable" means rights cannot be taken away arbitrarily.
A prison sentence follows a fair trial and a court judgment, which is due process of law.
So the restriction is lawful, not arbitrary.

Rights can be limited only by law and due process.

⚠️ Common mistake: writing that human rights are "absolute". In both the UDHR and the Nigerian Constitution, rights can be lawfully limited.

Try it yourself. State three characteristics of human rights.

Show solution

Any three: universal, inherent, inalienable, interdependent, equal, justiciable, not absolute, accompanied by duties.

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Practice questions

1. Human rights are

basic rights every person has because they are human
privileges given by the President
rights only for adults
rights for citizens only

Show answer

A: basic rights every person has because they are human
Universal and inherent.

2. The Universal Declaration of Human Rights was adopted on

24 October 1945
1 October 1960
12 June 1993
10 December 1948

Show answer

D: 10 December 1948
UN General Assembly, Paris.

3. Human Rights Day is celebrated on

1 October
12 June
10 December
24 October

Show answer

C: 10 December
Anniversary of the UDHR.

4. The UDHR has

100 articles
30 articles
10 articles
46 articles

Show answer

B: 30 articles
Drafting chaired by Eleanor Roosevelt.

5. Fundamental rights in Nigeria are in

Chapter IV of the 1999 Constitution
Chapter II
the Fifth Schedule
the Electoral Act

Show answer

A: Chapter IV of the 1999 Constitution
Sections 33–46.

Key words

Human rights: Basic rights and freedoms to which every person is entitled because they are human.
Fundamental rights: Human rights written into a constitution and enforceable in court; in Nigeria, Chapter IV of the 1999 Constitution.
UDHR: Universal Declaration of Human Rights, adopted by the UN General Assembly on 10 December 1948.
Inalienable: Cannot be taken away or given up, except as the law allows.
Civil and political rights: Rights such as life, liberty, fair hearing, expression and voting.
Economic, social and cultural rights: Rights such as work, education, health and taking part in cultural life.
Derogation: A lawful restriction or suspension of a right, e.g. during a declared emergency.
Fair hearing: The right to a fair trial by an independent and impartial court within a reasonable time.
Law: A body of rules made and enforced by a recognised authority.
Order: A peaceful condition in which laws are obeyed and life is predictable.
Constituted authority: The lawful power vested in a person or body to govern or make decisions.
Rule of law: The principle that the law is supreme, everyone is equal before it and rights are protected by impartial courts.

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