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Unit Two : Negotiation
Mohamed Farah, Lecturer
THE RELATIONSHIP BETWEEN HUMAN RIGHTS AND
HUMAN NEEDS
What are human needs?
Basic human
needs are universal. All people of all times, races and cultures share the same
basic needs. These are an integral part of human beings and are associated with
the fundamental drive in human beings, the motivation for behaviour. When these
needs are not met, a deep sense of frustration results, coupled with a strong
drive towards meeting the need. Some of these needs are biological (food,
shelter, water), while others can be psychological, or relate to personal
growth and development (identity, autonomy, recognition). Needs are not
negotiable and cannot be compromised. They are inherent drives for survival and
development (including identity and recognition).
There is an
important distinction between human needs and their satisfiers. Satisfiers can
be compromised or ignored, needs cannot. A satisfier of the need for respect,
for example, may be to possess an expensive car. Since a whole range of
possible satisfiers exist, it is possible to replace this satisfier with
another (e.g. the genuine praise of others for a job well done). The need for
respect, however, cannot be compromised.
The relationship between human rights and
human needs
Covering all
spheres of life, human rights are concerned with requirements for human survival,
subsistence and development (e.g. life, security, bodily and mental integrity, water,
health care, education, etc.) As such, human rights ‘cover’ needs and values:
each human right relates to certain basic human needs (e.g., identity,
protection, participation, subsistence, freedom, etc.). The enforcement or
realisation of such rights means that the needs that underlie those rights are
being met.
If human
rights are denied over a period of time, the needs to which those rights are related
are not met. Yet basic human needs cannot be suppressed because of their fundamental
importance for survival and development. People will continue to pursue them,
even if it is to their detriment (e.g. loss of life). This explains why a
sustained denial of rights leads to conflict: human needs are being frustrated.
The protection of rights is thus essential for the management of conflict,
because it addresses basic needs that are integral to human beings. This is
illustrated below.
Basic human needs
What are some
of the needs that human beings have, and that have to be met in order for them
to feel safe and secure? If one were to ask that of various people, some of the
following answers may be given:
1.
shelter
2.
water
3.
subsistence
4.
community
5.
education
6.
food
7.
freedom
8.
recognition
9.
respect
10.
health
11.
identity
12.
participation
13.
love
14.
clothing
15.
creation
16.
money
17.
understanding
18.
protection
19.
free movement
20.
resources
Basic human rights
Human rights
are rights that belong to each person on the basis of his or her inherent dignity as a human being. These rights
belong to all people solely by virtue of their being human, irrespective of nationality, race, colour, social status,
gender, age, political beliefs, wealth,
or any other differentiating characteristic. They are based on the idea that
all human beings have an ‘inherent
dignity’ that affords human beings certain fundamental rights and freedoms that apply at all times in all situations and
contexts and that relate to principles
of equality, security, liberty and integrity. Some basic human rights and fundamental freedoms are:
1.
the right to life, liberty, and security of
person
2.
the right not to be subjected to slavery; to
torture, cruel, inhuman or degrading treatment
3.
the right not to be subjected to arbitrary
arrests, detention, or exile
4.
the right to be recognised as a person before
the law; presumed innocent until proven guilty
5.
the right to freedom of movement
6.
the right to own property; to work; to free
choice of employment; to just conditions of work
7.
the right to freedom of opinion and expression;
and of thought, conscience, and religion
8.
the right to freedom of peaceful assembly and
association
9.
the right to take part in the government of
one’s country; to equal access to public service
10.
the right to an adequate standard of living
(including food, shelter, water, medical care)
11.
the right to education: to freely participate in
the cultural life of the community
12.
the right to marry and to found a family.
When you
consider such basic human rights in relation to basic human needs, you find that
all rights relate directly to certain needs. For example, ‘the right to freely
participate in the cultural life of the community’ relate to needs of identity,
recognition, participation, respect, community. ‘The right to an adequate
standard of living’ relates to needs of food, water, shelter, etc.; while ‘the
right to life’ covers all needs. Thus, human rights are not hollow legal
principles – in fact, they relate to the basic necessities that all human
beings have.
International human rights instruments
Since World
War II, human rights have been put down in a large number of human rights instruments.
Some of the most important ones are:
1.
Universal Declaration of Human Rights (UDHR)
2.
African Charter on Human and Peoples’ Rights
(‘Banjul Charter’)
3.
International Covenant on Civil and Political
Rights (ICCPR)
4.
First and Second Optional Protocols to the ICCPR
5.
International Covenant on Economic, Social and
Cultural Rights
6.
International Convention on the Elimination of
All Forms of Racial Discrimination
7.
Convention against Torture and other Cruel,
Inhumane or Degrading Treatment
8.
Convention on the Prevention and Punishment on
Crime of Genocide
9.
Convention on the Rights of the Child
10.
Convention on the Elimination of All Forms of
Discrimination against Women
11.
Convention relating to the Status of Refugees
12.
Protocol relating to the Status of Refugees
The African Charter on Human and People’s
Rights
The African
Charter on Human and Peoples’ Rights (also known as the Banjul Charter) was
unanimously adopted in June 1981 by the OAU and came into force in October
1986. By June 1997, all African states, except for Eritrea and Ethiopia, had
become a party to the African Charter. Over 40 states are party to the OAU
Refugee Convention.
By the time
the African Charter was adopted, many African countries had already committed
themselves to respecting international human rights standards. Therefore, the
African Charter protects many of the basic human rights set out in the
International Bill of Human Rights.
Like its
European and Inter-American counterparts, the African Charter provides for
‘first generation’ (civil and political) rights as well as ‘second generation’
(social, economic, and cultural) rights. It also includes ‘third generation’
rights, meaning the rights of peoples. The Charter details individual duties as
well as individual rights (to the family, the state, the society, and the
African community.)
The Charter
ensures the enjoyment of the freedoms and the rights that it recognises and
guarantees such enjoyment without discrimination of any kind. The following
rights are included in the African Charter: the right to life, the right to
liberty and security, freedom from torture, the right to a fair trial, freedom
of conscience, expression, association and assembly, freedom of movement,
political rights, the rights to work, to health care and to education, and the
principle of non-discrimination.
The Charter
sets out to combine the specific needs and values of African cultures with
standards that have been recognised as universally valid. Taking into account
the African philosophy of law and the needs of Africa, the drafters of the
Charter made an effort to reflect the African conception of human rights.
The Charter
provides for an African Commission on Human and People’s Rights yet does not
provide for an African Court of Human Rights.
Universal Declaration of
Human Rights (Summary)
Adopted by the United Nations on December 10th 1948
The Declaration consists of 30 articles setting forth the civil and political, and economic, social and cultural rights to which all persons are entitled, without discrimination.
Adopted by the United Nations on December 10th 1948
The Declaration consists of 30 articles setting forth the civil and political, and economic, social and cultural rights to which all persons are entitled, without discrimination.
Article 1: All human beings are born free and equal.
Article 2: Everyone is entitled to the same rights without discrimination of any kind.
Article 3: Everyone has the right to life, liberty, and security.
Article 4: No one shall be held in slavery or servitude.
Article 5: No one shall be subjected to torture or cruel or degrading treatment or punishment.
Article 6: Everyone has the right to be recognized everywhere as a person before the law.
Article 7: Everyone is equal before the law and has the right to equal protection of the law.
Article 8: Everyone has the right to justice.
Article 9: No one shall be arrested, detained, or exiled arbitrarily.
Article 10: Everyone has the right to a fair trial.
Article 11:Everyone has the right to be presumed innocent until proven guilty.
Article 12: Everyone has the right to privacy.
Article 13: Everyone has the right to freedom of movement and to leave and return to one's country.
Article 14:Everyone has the right to seek asylum from persecution.
Article 15:Everyone has the right to a nationality.
Article 16:All adults have the right to marry and found a family. Women and men have equal rights to marry, within marriage, and at its dissolution.
Article 17: Everyone has the right to own property.
Article 18: Everyone has the right to freedom of thought, conscience and religion.
Article 19: Everyone has the right to freedom of opinion and expression.
Article 20: Everyone has the right to peaceful assembly and association.
Article 21: Everyone has the right to take part in government of one's country.
Article 22: Everyone has the right to social security and to the realization of the economic, social and cultural rights indispensable for dignity.
Article 23: Everyone has the right to work, to just conditions of work, to protection against unemployment, to equal pay for equal work, to sufficient pay to ensure a dignified existence for one's self and one's family, and the right to join a trade union.|
Article 24: Everyone has the right to rest and leisure
Article 25: Everyone has the right to a standard of living adequate for health and well-being, including food, clothing, housing, medical care and necessary social services.
Article 26: Everyone has the right to education.
Article 27: Everyone has the right to participate freely in the cultural life of the community.
Article 28: Everyone is entitled to a social and international order in which these rights can be realized fully.
Article 29: Everyone has duties to the community.
Article 30: No person, group or government has the right to destroy any of these rights.
Article 2: Everyone is entitled to the same rights without discrimination of any kind.
Article 3: Everyone has the right to life, liberty, and security.
Article 4: No one shall be held in slavery or servitude.
Article 5: No one shall be subjected to torture or cruel or degrading treatment or punishment.
Article 6: Everyone has the right to be recognized everywhere as a person before the law.
Article 7: Everyone is equal before the law and has the right to equal protection of the law.
Article 8: Everyone has the right to justice.
Article 9: No one shall be arrested, detained, or exiled arbitrarily.
Article 10: Everyone has the right to a fair trial.
Article 11:Everyone has the right to be presumed innocent until proven guilty.
Article 12: Everyone has the right to privacy.
Article 13: Everyone has the right to freedom of movement and to leave and return to one's country.
Article 14:Everyone has the right to seek asylum from persecution.
Article 15:Everyone has the right to a nationality.
Article 16:All adults have the right to marry and found a family. Women and men have equal rights to marry, within marriage, and at its dissolution.
Article 17: Everyone has the right to own property.
Article 18: Everyone has the right to freedom of thought, conscience and religion.
Article 19: Everyone has the right to freedom of opinion and expression.
Article 20: Everyone has the right to peaceful assembly and association.
Article 21: Everyone has the right to take part in government of one's country.
Article 22: Everyone has the right to social security and to the realization of the economic, social and cultural rights indispensable for dignity.
Article 23: Everyone has the right to work, to just conditions of work, to protection against unemployment, to equal pay for equal work, to sufficient pay to ensure a dignified existence for one's self and one's family, and the right to join a trade union.|
Article 24: Everyone has the right to rest and leisure
Article 25: Everyone has the right to a standard of living adequate for health and well-being, including food, clothing, housing, medical care and necessary social services.
Article 26: Everyone has the right to education.
Article 27: Everyone has the right to participate freely in the cultural life of the community.
Article 28: Everyone is entitled to a social and international order in which these rights can be realized fully.
Article 29: Everyone has duties to the community.
Article 30: No person, group or government has the right to destroy any of these rights.
What is Islamic Point View in Human Rights?
To find the answer, please click here Islamic Declaration of Human rights
All dear senior students from University of Burao, faculty of community development, I shared our lessons with the following link,
Please click here to see Introduction chapter of our conflict resolution course
http://www.slideboom.com/presentations/617500/Introduction-to-Conflict-Resolution?pk=416e-2fc3-67d2-6ba3-f253-7fbc-c575-abb0
or click here to download
Mohamed Farah Abdi
Lecturer
