Week 5

Human Right and Gender issues

Human Right: It is basically refers to requirement by man to live in dignity and enjoy
freedom, guaranteed by the constitution or embodied in the international convention and
treaties.

The Universal Declaration of Human Right

The universal declaration of Human Right is a milestone document in the history of

Human right. It was drafted by representatives with different legal and cultural
backgrounds from all region of the world. It was proclaimed by the United National
General Assembly in Palais De chaillot, Paris, on the 10 of December 1948 as a result
of the experience of Second World War. The General assembly proclaims the universal
declaration of Human right as common standard of achievement for all people and
nations, to the end that every individuals and every organ of society, keeping this
declaration, constantly in mind should strive by teaching and education to promote
respect of these rights and freedom, and by progressing measures, national and
international to secure their universal and effective recognition and observance, both
among the people of member state themselves and among the people of territories
under their jurisdiction.

A commission for the protection and promotion of Human Right in Sierra Leone and to
provide for other related matters came into existence on the 26 August 2004(The
Human Right Commission of Sierra Leone)

Articles of the Universal Declaration of Human Right.

Art.1 All human beings are born free and equal in dignity and right.

Art 2. Everyone is entitled to these rights and freedom without discrimination (race,
colour, sex, religion, nationality, language).

Art 3. Right to liberty and security.

Art 4. Freedom from slavery and servitude.

Art 5. Freedom from torture and inhuman treatment.

Art 6. Rights of recognition as a person before the law.

Art 7. No discrimination from equal protection of the law.

Art 8. Everyone has the right to an effective remedy by the competent National tribunals
for act violating the fundamental rights granted him by the constitution or by law.
Art 9. No one shall be subjected to arbitrary arrest, detention or exile.

Art 10. Equality to a fair and public hearing by an impartial tribunal.

Art 11. Rights to remain innocent until proven guilty by an independent tribunal.

Art 12. Free from subjection to arbitrary interference with ones privacy.

Art 13. Freedom of movement within borders and right to live in another country.

Art 14. Right to seek asylum in another country from persecution.

Art 15. Right to a nationality.

Art 16. Men and women of full age have right to marriage without limitation due to race,
nationality or religion.

Art 17. Right to own property.

Art 18. Right to freedom of thought conscience and religion.

Art 19. Freedom to impart information and ideas through any media.

Art 20. Right to peaceful assembly and association.

Art 21. Right to take part in the governance system of one’s country.

Art 22. Right to social security.

Art23. Right to employment.

Art 24. Right to reasonable limitation of working hours and periodic holiday with
payments.

Art 25. Right to standard of living adequate for the health and well-being of the family.

Art 26. Right to education.

Art 27. Freedom to participate in the cultural life of the community that one is living.

Art 28. Everyone is entitled to a social and international order in which the rights and
freedoms set forth in the declaration can be fully realized.

Art 29. Everyone has duties to the community in which alone the free and full
development of his personality is possible.
Art 30. Nothing in this declaration may be interpreted as implying for any state, group or
person any right to engage in any activity or to perform any act aimed at the destruction
of any of the rights and freedoms set forth herein.

TYPES OF HUMAN RIGHTS

1. Civil-political right
2. Socio-economic right
3. Collective Development Human Right.

1. CIVIC-POLITICAL RIGHTS: It includes norms pertaining to physical and

social security (e.g. No torture, slavery, inhuman treatment, arbitrary arrest,
equality before the law) and norms pertaining to liberties or empowerment
e.g. Freedom of thought, conscience, religion, freedom of
assembly/association and political participation.
2. SOCIO-ECONOMIC RIGHT: It includes norms pertaining to the provision of
goods and meeting social needs( nutrition, shelter, health care, education)
and norms pertaining to the provision of economic needs( work and fair
wages, adequate living standard, social security net).
3. COLLECTIVE DEVELOPMENTAL HUMAN RIGHT: It includes self
determination of people e.g. To their political status and their economic, social
and cultural development and certain special rights of ethnic and religious
minorities (enjoyment of their own culture, language and religion).

The domestic violence act was established in 2007 in Sierra Leone. The act
addresses sexual, physical, emotional, psychological and economic violence
perpetrated against an individual in a domestic setting. The issues covered
under the act are commonly committed against women and children which
were lawful if reasonable before the enactment of the law.
The registration of customary marriage and divorce was further enacted in
2007. The act legalizes all marriages under customary law, mohamedan, civil
laws and Christian believes. The ACT aims to protect women who were
marriage by customary marriage but neglected because their marriages are
considered to be invalid. Therefore couples marriage under civil, mohamedan
and Christian marriage are not allowed to marry another person under
customary marriage.
The devolution act also guarantees the right of children born in and out
wedlock to own their deceased fathers property. The act again, protect
women from being denied assess to their deceased spouse property.
 Gender Based Violence

According to the declaration of the elimination of violence against women, adopted by

the United Nations General Assembly in 1993, Gender based violence is a form of
violence against women that result or likely to result to physical sexual or psychological
or suffering to women, including treat of such act coercion or arbitrary deprivation of
liberty; whether occurring in public or private life. This includes but is not limited to:
physical abuse, sexual abuse and rape, domestic violence, emotional and psychological
abuse, sexual harassment and intimidation, human trafficking for forced labour and
prostitution, Female genital mutilation and murder committed against the female family
member who is believed to have brought dishonor to the family by being a victim of
sexual assault and committing adultery.

In sierra Leone the ministry handling gender issues as established in 2006.The Sierra
Leone national action plain on United Nations resolution 1320 and 1825 aimed to
protect, empower women and girls vulnerable to sexual violence preventing sexual
violent through the enactment and implementation of laws and above all ensure the
active participation and representation of women in leadership position.

Furthermore, the national gender strategic plan operationalized the government of

Sierra Twin policies- the gender main streaming and the advancement of women in
Sierra Leone which aims at addressing issues raised by the Sierra Leone Truth And
Reconciliation report. The NGSP prioritizes 6 main areas;

1.Capacity building, management and oversight

2. Women’s participating in governance

3. Sexual and Reproductive health rights

4. Research Documentation and information / communication technology

5. Women empowerment with specific focus on rural women.

6. Gender Budgeting and accountability.

The national ACTION PLAN WAS DEVELOPED in response to the mandate of the
2006 United Nations secretary General’s Report on Violence against women and girls
that called on all nations to develop comprehensive multi- sectorial national action plan
to end gender based violence.

Forms of Gender based violence.

1. Physical Abused
a. Sexual Harassment
b. Beating/ Battering
c. Treat
d. Bosses and teachers demanding sexual favour.
e. Women deprived of reproductive right.

2. Economic Abuse

a. Women force to become bread winners in the family

b. Difficulties women faced with regards land acquisition or inheritance of family
property
c. Wives property forcefully owned by the husband.
d. Men not supporting the home the children’s education.
3. Emotional or psychological Abuse
a. Women feeling humiliated
b. Women being ridicule
c. Women fear of being attacked
d. Women having little or no say in decision making,