FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Human Rights are governed by various instruments. At the international level, we have The Universal
Declaration of Human Rights 1948 (UDHR), The International Covenant on Civil and Political Rights 1966
(ICCPR), and The International Covenant on Social, Economic and Social Rights 1966. At the continental
level, we have The African Charter on Human and Civil Rights among others. At the national level, we are
guided by provisions of Chapter IV of the 1995 Constitution of Uganda as amended which serves as the
Uganda Bill of Rights.

Human Rights according to the UN Human Rights office of the High Commission for Human Rights, are
rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion or
any other status. According to art. 1 of the UDHR(1947), all human beings are born free and equal in
dignity and rights. They are endowed with reason and conscience and should act toward one another in
a spirit of brotherhood. Thus human rights can be generally defined as those entitlements a human is
entitled to or must enjoy by the very fact he/she is a human being. They are therefore inherent and not
granted by the state.

Art.20 of the Constitution attempts to define the essential nature of rights in the bill of rights as well as
the responsibility of the state to protect and promote fundamental human rights and freedom. Under
clause 2, an obligation is imposed on the government, all its organs and agencies as well as all persons to
accord respect and promote fundamental rights and freedoms enshrined under chapter IV of the 1995
Constitution.

Human rights are classified into civil and political rights which involve rights like the right to personal
liberty under art.23, the right to equality under art.21, and the right to life under art.22 among others,
Social, economic and cultural rights are also referred to as second generation rights including inter alia
cultural rights under art.32, the right to property under art.26 among others and the last category cover
group or collective rights like the right to education under art.30, the right to clean and healthy
environment under art.39 as well as rights in favour of marginalised groups including children under
art.35, rights of women under art.33, and family rights under art.31.

Human rights are not absolute. General limitation on the enjoyment of rights is set under art.43, where
enjoyment of one's right shall not prejudice the fundamental or other human rights and freedoms of
others or the public interest. However, under art.44, some rights are set to be none derogable meaning
that they can not be taken away from an individual. These include; freedom from torture and cruel,
inhuman or degrading treatment or punishment, freedom from slavery or servitude, the right to a fair
hearing, and the right to an order of habeas corpus.

To ensure the enjoyment of rights, several laws have been enacted in Uganda like The Access to
Information Act, The Domestic Violence Act, The female Genital Mutilation Act, and The Prevention and
Prohibition of Torture Act among others. In place, however, are several laws which intend to abuse the
rights and freedoms of people like The computer misuse Act with its unpopular, proposed Amendments,
The Public Order Management Act and others. There are also organs of government like the Uganda
Human Rights Commission under art.51, courts of law, Police, equal opportunities commission art 53
and civil societies