Online Reporter
Trust Maanda
Legal Position
AS we now know, human rights are fundamental rights that are inherent to all human beings by virtue of their being born human.
They are not granted by any person, but are inherent to our existence.
These rights are not conferred by anybody, but are automatic entitlements based on being born human.
They are from God and are available to every human being regardless of race, gender, sex, nationality, ethnicity, language, religion, place or origin or any other status.
These rights are universal in that they relate to every human being everywhere, and apply to everyone, everywhere, simply by virtue of being human.
As was discussed last week, they are inalienable in that they cannot be taken away, though they may be restricted in certain situations according to the law and necessity.
They are indivisible, in that you cannot divide them because no right can exist in isolation and independent from the other rights.
All human rights are equally important and interconnected; one right cannot be enjoyed without the others.
One cannot have a right to human dignity, and not have the right to be free from torture.
In fact, it is human dignity which is the source of all human rights.
These rights are rooted in respect for human dignity, for how can there be dignity in a life lived without access to housing, health care, food, water or in the case of persons unable to support themselves, without appropriate assistance?
These rights are recognised and have been included in some international human rights instruments such as the United Nations Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and cultural Rights.
These three are commonly referred to as the International Bill of Rights.
At regional level, the African Union also adopted the African Charter on Human and Peoples’ Rights.
A Bill of Rights, also known as a Declaration of Rights or a Charter of Rights, is a list of fundamental rights and freedoms considered essential for enjoyment by citizens and all human beings.
These rights are normally enshrined in national constitutions or some other legal document.
They are intended to protect citizens from governmental or private infringement.
Constitutions and Bill of Rights start from the premise that governmental power needs to be checked and the citizens need protection.
The Bill of Rights, therefore, sets apart the rights that the State or any other person must not violate.
The Bill of Rights provides for entitlements which may not be violated and provide for circumstances where these rights can be limited. This is to avoid abuse and arbitrary deprivation of the rights.
Bills of Rights often emerge from historical struggles for liberty and democracy, showing a desire to prevent future abuses of power.
An example is the South African Constitution which was made to avoid the evils of apartheid and the Zimbabwean Constitution which was made to avoid the evils of colonial rule.
The 2013 Constitution contains provisions that sought to avoid certain abuses that had taken place in the past.
The Bill of Rights has key aspects such as protection of fundamental rights by outlining the basic rights and freedoms that citizens are entitled to, such as freedom of expression religion, assembly, and the right to a fair trial.
The Bill of Rights limits governmental power in that it serves to limit the power of the Government by specifying what it cannot do and by guaranteeing certain individual liberties.
For example, Section 86 of the Constitution of Zimbabwe states when it is permissible for the rights to be limited and which rights cannot be limited under no circumstance.
In Section 86 of the Constitution, no law may limit, and no person may violate the right to life, human dignity, the right not to be tortured or subjected to cruel, inhuman or degrading treatment or punishment, the right not to be placed in slavery or servitude, the right to a fair trial; and the right to obtain an order of habeas corpus.
Bills of Rights can be entrenched, meaning they are difficult to change, or unentrenched.
This means they cannot be can be altered more easily. That is why in some cases the Constitution provides for a rigorous way for amending certain causes like providing for a referendum.
This entrenchment makes it difficult for changes to be made to the Constitution.
For example, the United States Bill of Rights, has made about 10 amendments to the US Constitution.
The Zimbabwean Constitution also contains a Declaration of Rights, in Chapter 4 which outlines the fundamental rights of its citizens.
The primary purpose of a Bill of Rights is to safeguard the rights and freedoms of individuals and to ensure a just and equitable, democratic society.
Trust Maanda is a legal practitioner and a partner at Maunga Maanda And Associates. He writes in his personal capacity. He can be contacted on +263772432646.
