THE UNIVERSITY OF DODOMA

COLLEGE OF BUSINESS STUDIES AND LAW

DEPARTMENT OF LAW
COURSE NAME: HUMAN RIGHTS LAW
COURSE CODE: LW 226
COURSE INSTRUCTOR: MR. MSUYA
NATURE OF THE WORK: INDIVIDUAL ASSIGNMENT
SUBMITION DATE: 26TH JUNE 2020
STUDENT PARTICULARS

NAME REGSTRATION NUMBER

JOSHUA MATIKO T/UDOM/2018/12572

QUESTION;
INTRODUCTION

Human rights refer to basic inherent rights and freedom that every human being under the earth

is entitled. These rights observe dignity, fairness, equality, respect and independence among

human beings.1 Human rights are rights inherent to all human beings, and should be provided

without any discrimination on the basis of race, sex, nationality, ethnicity, language, religion, or

any other basis. Human rights can be categorized in different ways such as political rights, social

rights and economic rights which both include; the right to work and education, the right to life

and liberty, freedom from slavery and torture, freedom of opinion and expression, right of

possession and others2. They can never be taken away, however they are sometimes not

considered. For instance when person breaks the law, the punishment can involve non-

observance of the human rights.3

Following the changes of the human life, there had been the emerging of the emerging customs

which are claimed globally or in developed nations, largely Europe and America. The emergence

customs are referred to newly-clamed rights which became a question of the many states in the

world in implementing them. The newly-claimed rights are those rights that some group of

people started thinking that they are essential and being part of human rights.

After the Second World War 1945, United Nations formed with the main objective of observing

the human rights which led to the Declaration of Human Rights in 1948, which provided for

human dignity, freedom of speech, freedom of choice and so on. These rights are sometimes

1
Equality and Human Right Commission, “What are human rights?”
https://www.equalityhumanrights.com/en/human-rights/what-are-human-rights (accessed on
June 20, 2020).
2
United Nations, “Human Rights” https://www.un.org/en/sections/issues-depth/human-rights/
(accessed on June 20, 2020).
3
Op. cit. Equality and Human Right Commission, (What are human rights?)
became a challenge to many states, for instance the freedom of speech made a way for many

defamation cases. However some of the newly-claiming rights are losing the legitimacy of the

Human rights in International community which is under United Nations to single different states

due to different factors as follows:-

MAINBODY

Cultural Basis. Many newly-claimed international rights are against the cultures and ethics of

the states, this made to the loss of legitimacy of them. For Example the issue of lesbian, gay,

bisexual, transgender and intersex (LGBTI) people which are largely opposed by many states 4.

For example in Tanzania our we strongly oppose the LGBTI persons and policies because they

are both against or culture and state laws but United Nations still terms them as human rights,

and this led to no legitimacy of these newly claimed rights in Tanzania5.

Legalization of crimes in the States. Many of the newly-claimed rights are facing strong

opposition in states due to be contrary of some states’ law hence loses their legitimacy. Although

the changes made for the need of changes in international law specifically Human Rights laws,

they are used in a different context as previously was used. For instance the freedom of choice is

used in legalization of previously or currently crimes for example the issue of prostitution which

in 2003 Secretary General of United Nations, Kofi Annan released guideline as paying for sex

defined as sexual abuse and should universally prohibited as they violate universally recognized

4
Human Rights Watch “Human Rights Watch Country Profiles: Sexual orientation and Gender
Identity” https://www.hrw.org/news/2017/06/23/human-rights-watch-country-profiles-sexual-
orientation-and-gender-identity (accessed on June 21 2020),.
5
Human Rights Watch “Tanzania: Obstructions to LGBT Health Rights”
https://www.hrw.org/news/2020/02/03/tanzania-obstructions-lgbt-health-rights (accessed on
June 21, 2020).
international legal norms and standards6 then from 2017 to current, United Nations is treating

the paying for sex as commercial activity as provide security and legal protection to sex workers

which refers them as “female, male and transgender adults who have consensual sex in

exchange for money or goods” and also United nations is contrary to criminalization of sex

workers which many states criminalize. Hence the legitimacy of the newly claimed rights and

protect the local laws of states.

The trespass of international laws and organs. Some of the international laws are trying to be

superior than the local laws and trespass in local rights and obligations. For example the usage of

forceful means of the United Nations Security Coucil as provided under Article 42 7 and also

under Article 2(5)8 which provides for mandatory assistance of states to any United Nations

Actions. This has been a Case for the Developed states to interfere the interests and rights of the

developing states in political, social and economic arenas. For Example North Atlantic Treaty

Organization (NATO), in Libyan affairs which they tortured and killed the former Libyan

President Muammar Gaddafi on 20thOctober 2011. Also United States of America Assassinated

the Iranian military General Soleimani on 3rd January 20209 which was due to the International

relations on the basis of Human Rights protection that was anti-terrorism. from these acts of

trespassing states, are not adopt the newly-claimed Human Rights so as to avoid many

obligations which cannot be fulfilled, hence loss of legitimacy of Human Rights.

6
CAP international “Prostitution under International Human Rights Law: An Analysis of States’
Obligations and the Best Ways to Implement Them” (February 2016) available at www.cap-
international.org (accessed on June 25 2020).
7
The Charter of United Nations
8
Ibid.
9
BBC NEWS “Qasem Soleimani: US kills top Iranian general in Baghdad air strike”
https://www.bbc.com/news/amp/world-middle-east-50979463 (accessed on June 22, 2020)
The legitimacy of internal states’ organs. Many of the international laws including the newly-

claimed rights are being seen superior over domestic laws in the international organs and refer

them largely as human rights which are in fact, the pressure of some people and not mandatory to

human being. Many of newly-claimed rights are being pressured by some people in the back of

the majority’s name. This made states does not confer with the claimed rights to be adhered as

human rights violators hence they attain low legitimacy of the claimed rights.10

CONCLUSION

The legitimacy of the Human Rights depends on the nature of the Rights claimed and the state it

is going to be established. It is compliance which gives a law legitimacy to its existence, not

pressure from the minority. This means that, if the law do not reflect the situations and policies

of the society, it will not have any legitimacy within that society and this is the core factor for the

loss of legitimacy of some Human Rights or Newly-claimed rights as they do not confer the need

of the society, do not observe ethics of the said society and largely faces opposition from local

citizens of the States.

10
Op. cit, Human
Rights Watch (Human Rights Watch Country Profiles: Sexual orientation and
Gender Identity)
REFERENCE

PRIMARY SOURCES.

The Charter on United Nations

SECONDARY SOURCES

CAP international “Prostitution under International Human Rights Law: An Analysis of States’
Obligations and the Best Ways to Implement Them” (February 2016) available at www.cap-
international.org (accessed on June 25 2020). Equality and Human Right Commission, “What
are human rights?” https://www.equalityhumanrights.com/en/human-rights/what-are-human-
rights (accessed on June 20, 2020).
Human Rights Watch “Human Rights Watch Country Profiles: Sexual orientation and Gender
Identity” https://www.hrw.org/news/2017/06/23/human-rights-watch-country-profiles-sexual-
orientation-and-gender-identity (accessed on June 21 2020),.
Human Rights Watch “Tanzania: Obstructions to LGBT Health Rights”
https://www.hrw.org/news/2020/02/03/tanzania-obstructions-lgbt-health-rights (accessed on
June 21, 2020). United Nations, “Human Rights” https://www.un.org/en/sections/issues-
depth/human-rights/ (accessed on June 20, 2020).