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HUMAN RIGHTS LAW

(COURSE CONTENTS)

This is an area of Law which deals with the study of Human Rights and authorities of the state and the organization of the state. The study of this course requires critical and analytic thinking. You need to develop a constructive mind to be able to weigh different arguments carefully, trying to determine which arguments you find most plausibly convincing and why.

 

1. HISTORY AND CLASSIFICATIONS OF HUMAN RIGHTS AND CIVIL LIBERTIES

Definition of Human Rights

Human Rights in Historical Perspectives

Content of International Human Rights Norms: A Brief Historical Survey

Historical Antecedents of Human Rights in Nigeria

Ideology and Moral Rights

 

2. CLASSIFICATION OF RIGHTS

Political and Civil Rights/Economic, Social and Cultural Rights

Justiciable/Non-Justiciable rights

Generational Rights

Legal/Moral Rights

 

3. FUNDAMENTAL RIGHTS

Fundamental Rights

(a) Right to Dignity of Human Person

(b) Right to Personal Liberty

(c) Right to Fair Hearing

(d) Right to Private and Family Life

(e) Right to Freedom of thought, Consumer and Religion

(f) Right of Freedom of Expression and the Press

(g) Right to Peaceful Assembly and Association

(h) Right to Movement

(i) Right to Freedom from Discrimination

(j) Right to Acquire and Own Immovable Property anywhere in Nigeria

Fundamental Rights Cases

 

4. RIGHT TO LIFE

Definition of Right to Life

Concept of Right to Life

Enforcement Procedure

Power of the Police

Derogation of Right to Life

Police Brutality and Right to Life

Abortion

(a) Abortion under International Law

(b) Abortion Law in Nigeria

(c) Constitutional Aspect of Abortion

 

Euthanasia and Right to Life 

(a) Definition

(b) Meaning of Euthanasia

(c) Types of Euthanasia

(d) Right to Life

 

5. THE RIGHT TO FREEDOM OF ASSOCIATION AND POLITICAL PARTICIPATION

The Right to Freedom of Association and Political Participation

  1. Freedom of Expression

  2. Right to Freedom of Assembly and Political Participation

 

6. JUDICIAL ATTITUDE TO FUNDAMENTAL HUMAN RIGHTS IN NIGERIA 

Constitutional Constructions

Rights Entrenched in the 1999 Constitution

Samples of Judicial Attitude

 

7. FUNDAMENTAL OBJECTIVE AND DIRECTIVE PRINCIPLE OF STATE POLICY

Definition of Fundamental Objective and Directive Principle of the State Policy

Reality of ECOSOC Rights

Specific ECOSOC Rights

(a) Right to Accommodation

(b) Right to Food

(c) Right to Education

(d) Right to Employment and Equal Opportunities

The Constitution and the People

Judicial Interpretation

The Modern Trend

 

8. COMPARATIVE ANALYSIS OF HUMAN AND CIVIL LIBERTIES UNDER NIGERIA LAW AND INTERNATIONAL INSTRUMENT

History of International Covenants and Conventions on Human Rights

African Charter on Human and Peoples’ Rights

Right to Life

Right to Human Dignity

Rights to Liberty and Fair Trail

Rights to Equality and Freedom from Discrimination

Right to Privacy in the African Charter

The Enforcement of Civil and Political Rights

 

9. HUMAN RIGHTS OF WOMEN

The Challenge of ‘women’s right’

An Overview of Women’s Rights

(a) Case Study of Property Rights of Kenyan Women

(b) Women’s Rights and International Law

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

(a) Overview of CEDAW

(b) Content of CEDAW

(c) Additional Enforcement Mechanisms

(d) Analysis of Rights in CEDAW and other Human Rights Instruments

(e) Feminist Criticisms of CEDAW

The Optional Protocol

(a) Need for an Optional Protocol

(b) Role of the Optional Protocol?

(c) Case Study of Singapore

(d) Case Study of Nigeria

Declaration on the Elimination of Violence against Women

The Special Rapporteur on Violence against Women

 

10. RIGHTS OF THE CHILD

Convention on the Rights of the Child

Overview of the Articles of the convention

Child Labour

(a) Bonded Labour

(b) Child Labour in India

(c) India’s Reports to the Committee

Child Soldiers

Children, Healthcare and HIV/AIDS

Children in the Criminal Justice System

 

11. RIGHTS OF REFUGEES

Thinking about the Rights of the Refugee

Recent History of the Refugee

(a) Measures to Protect Refugees

(b) Meaning of Refugee

3.3 The Convention relating to the Status of refugees and the 1967 Protocol

(a) Definition of a refugee

(b) Obligations on States and Refugees

Women and Girls as Refugees

The Convention and National Law

(a) English Courts and the Convention

(b) Refugees, Asylum and Immigration Issues

 

12. ETHNIC NATIONALS IN NIGERIA AND RIGHT TO SELF DETERMINATION

The Nigerian State and the Different Major Ethnic Groups

Geographical Distribution of Ethnic Nationals

Concept of Self-Determination

Degree of Self-Determination

Ethnicity and Self-Determination in Nigerian

Self Determination in Nigeria and the Minority National Question

 

13. THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS

The Origins of the European Convention on Human Rights

The European Union and Human Rights

The European Convention on Human Rights

Freedom of Speech and Religious Rights

 

14. INTER-AMERICAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS

The Origins and Development of the Inter-American System

(a) Historical Background

(b) The Inter-American Commission

(c) Distinctiveness of Inter-American System for the Protection of Human Rights

American Convention on Human Rights

Jurisprudence of the Inter-American Court of Human Rights

(a) Godlinez Cruz Case 1989

(b) Fairen Garbi and Solis Corrales Case

(c) Social Reconstruction after Armed Conflict: Role of the Courts and the Commission

 

15. HUMAN AND PEOPLE’S RIGHTS IN THE AFRICAN SYSTEM

The Organisation of African Unity (OAU)

(a) The Commission

(b) The Charter

(c) From the OAU to the AU

The African Charter on Human and People’s Rights (ACHPR)

(a) People’s Rights

(b) Duties

(c) The Case of Ken Saro-Wiwa and the Ogoni Eight

The African Charter on the Rights and Welfare of the Child

The Protection of Refugee’s Rights

The Convention on Specific Aspects of the Refugee Problem in Africa

 

16. RIGHT TO REMEDY

Justiciability of Matter

Right of Action

Right of Appeal

Failure to Serve a Pre-Action Notice

Ouster Clauses

Possession of Jurisdiction

Res Judicata

Death of Plaintiff

Statute of Limitation

Constitutional Restrictions and Derogations from Fundamental Rights in Interest of the State

Immunity from Liability

 

17. LOCUS STANDI

Meaning and Definition of Locus Standi

The Application of the Doctrine of Locus Standi in Nigeria

Locus Standi is the Foundation of a Suit or Legal Matter

Narrow or Restrictive Application

Court Decision

 

18. ENFORCEMENT OF HUMAN RIGHTS AND THE NATIONAL HUMAN RIGHTS COMMISSION

Human Rights in Nigeria

The Military Dimension

Retroactive Legislation

Ouster Clauses

Legislative Judgment

Prohibition of Appeal

National Human Right Commission

Problems of Enforcement

Way Forward

 

19. THE PUBLIC COMPLAINT COMMISSION

Meaning of Ombudsman

Reason for Establishing Ombudsman

Area of Concern of Ombudsman

Function of an Effective Ombudsman

Methods of Making a Complain

The Public Complain Commission

The Prosecutes and Duties of the Commission

Limit of the Provisions of the Commission

Offences and Penalties

 

20. ROLE AND FUNCTION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS

Definition of Terms

Establishment and Organization of the African Commission on Human and People Right

Mandate of the Commission

Procedure of the Commission

Applicable Principles

 

21. FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES

Enforcement Procedure

(a) Ex-parte Application

(b) Application for Substantial Rights

Fundamental Right Enforcement Procedure

  1. Application for Leave

  2. Time for Applying for Leave

  3. Application to Quash Any Proceedings

  4. Application for Production and for Release of Person Restrained

  5. Return to the Order for Release

  6. Proceedings at Hearing of Motion or Summons After Order has been Returned

Right of any Other Person or Body to be Heard

Case Studies

 

22. RELIEFS AVAILABLE UPON APPLICATION FOR JUDICIAL REVIEW

Delay in Applying for Relief

Mode of Applying for Judicial Review

Statement and Affidavits

Claim for Damages

Application for Discovery, Interrogation, Cross-Examination etc

Saving for Person Acting in Obedience to Mandamus

Consolidation of Applications

 

23. OPERATIVE CONDITIONS FOR PREROGATIVE ORDERS

Order of Mandamus

Order of Prohibition

Order of Certiorari

Quo Warranto

Conduct of the Applicant for Judicial Review

Evidence in Application for Judicial Review

 

24. ORIGINATING NOTICE OF MOTION

Conditions for Grant of Remedy

Its Place in Public Law

Efficiency of the Remedy

Specific Performance