ZAMBIAN OPEN UNIVERSITY

DEPARTMENT OF LAW
Name Mwale Mike

Email address mikemwale777@gmail.com

Student ID 21981799

Program Bachelor of Laws (LLB)

Course name Human Rights law

Course code LL341

Year Third Year

Semester First

Assignment number Two

Date of submission 11th October, 2021

Cell +260966092893

Lecturer Ms. Chinambu

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 QUESTION

Classify all human rights in three categories and explain in some detail each category. Then
Briefly discuss the main difference between first generation and second Generation rights.

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 INTRODUCTION

Human rights as emphasized by the ancient Greek and French philosophers are inherent and
inalienable; every person is born with and entitled to these rights. Human rights are basically
classified in three categories namely, first generation rights which includes civil and political
rights, second generation rights which includes social economic and cultural rights and lastly
third generation rights which are known as collective or group rights. This paper is going to
discuss each of the classification of human rights as stated above and further draw a
distinction between first and second generation rights. Lastly but not the least a sound
conclusion will be given after a critical discussion.

Classification of human rights

As mentioned above, human rights are classified in three categories namely first, second and
third generation rights.

First generation rights

First generation rights are known as civil and political rights which are provided for in article
2 to 31 of the Universal Declaration of Human Rights which was adopted in 1948. However
Universal Declaration does not bind the state members, the first generation rights were
therefore given a binding force when they were put together in one document called
International Convention on Civil and Political Rights in 1966. Article 7 of the Universal
Declaration of Human Rights provides that everyone is equal before the law and further in
Article 2 provides that every person shall be entitled to rights and freedoms without any
discrimination. The International Convention on Civil and Political Rights gives every person
rights and freedoms to do what they want, to go wherever they want and live any where they
elect. These rights includes inter alia the

Rights to life

This is stated in the International Convention on Civil and Political Rights subject to other
convention and declaration under part III, Article 6 which provides that every person has
inherent right to life which shall be protected by the law and shall not be taken away 1. This
right is also provided for under part III of the Zambian Constitution, it is believed that every
life is given by God and naturists believe it should remain until God himself through natural
causes takes it away. Life is considered under convention, declaration and the Zambian
1
Part III, article of the international convention on civil and political rights, 1966.

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constitution as absolute right which can not be taken away intentionally without justifiable
cause, any person who intentionally takes the life of another person with malice aforethought
shall be given a stiff punishment equally such person shall after undergoing the due process
of the court be given a punishment (capital punishment). Therefore there has been and it has
been argued that life should not be taken away by anyone not even a well established legal
system should have the authority to take away someone’s life. This has caused many Western
countries to do away with capital punishment (death penalty). In African, Article 6(2) of the
Africa Charter on Human and People’s Rights interpreted that it neither prohibited nor
allowed death penalty, meaning the state members can either abolish the death penalty or not.
The Zambian constitution allows the taking away of someone who intentionally takes away
the life of another person. Section 201 provides the death penalty as sentence for a person
who intentionally takes away the life of another person with malice aforethought.

The right of security of person/ Rights of Equality of the Law

Article 3 of the Universal Declaration of Human Rights when read together with article 9 of
the international convention on civil and political rights provides that every person is entitled
to liberty and security of person and further that a person shall enjoy a freedom from arrest or
detention2. This entails that shall be punished without undergoing through the due process of
the law to be tried and given an opportunity to defend him/herself then acquitted or
convicted, rule of natural justice says that a person has a right to be heard thus a maxim Audi
Alteram partem. To safeguard the right of security of person subject to Convention,
Declaration and the Zambian Constitution provides that a person is innocent until he\she
proven guilty by the competent court of law. Presumption of innocent until the contrary is
proved should be beyond reasonable doubt as held in the case of Woolmington v Dpp3 where
the court held that it was the duty of the prosecution to prove the guilty of the accused not the
accused proving his innocent. However, the European Convention on Human Rights also
provides that a person is guilty until proven guilty. 4 Article 10 of the Declaration and Article
14 of the international convention on civil and political rights provides that, every person has
the right to equality before the law and entitled to a public unbiased hearing by the
independent tribunal or competent court of law.
Freedom from slavery

2
Article 3 of the Universal Declaration of human rights and Article 9 of International convention on civil and
political rights
3
[1935] AC 462
4
Article 6(2) of the European Convention on Human Rights

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Article 4 of the Declaration and Article 6 of the International Convention when read together
provides that a person shall be free from any form of slavery or servitude and slavery and
slave trade shall end, after the adoption of declaration the slave trade was brought to an end 5.
It should be noted that it is unconstitutional to use a man without recognizing them for the
work he has done. Slavery is said to be making to work without paying without their will.
This right also speculates that no one can be compelled to work without his/her consent.

Torture or to cruel or inhuman or degrading treatment

Article 5 of the declaration and Article 7 clearly indicate that no person shall be subjected to
torture or to cruel or inhuman or degrading treatment or punishment this point finds support
in the case of S v Ncube 6 and others, where the Zimbabwean Supreme Court struck down a
corporal punishment statutory provision as unconstitutional in that it conflicted with section
15(1) of the Zimbabwean constitution, which prohibits the infliction on any convict of an
inhuman or degrading punishment or treatment. The document also provides for the right to
be recognized as a person before7. This right very important in cases of detentions,
confessions and evidence before the court of law. The investigative authorities usually inflicts
pain on the suspect when obtains evidence and confessions. Where this right is infringed and
the accused alleges that he was tortured which made him confess the court will likely deny
the evidence this point finds support in the case of Matthews Kalaluka Mate, Charles Mwala
Mbwmwae and Christopher Mwala v The People 8 where the court could not admit the evidence
and confessions on the grounds that the confession was not given voluntarily and the appeal was
dismissed.
Right to vote and be voted for
Article 25 of the international convention on civil and political rights provides for the election
right where it states that a every person has the right to participate in the public affairs and
further that he or she has a rights to elect or be elected, this right ensures that there is equal
participation in the running of the government or public affairs therefore constituting the key
element of democracy.
Freedom of Speech

5
Article 4 of the universal declaration of human rights and article 6 of the international convention on civil and
political rights.
6
(1988) (2) S A 701 (ZSC)
7
Article 27 of the international convention on civil and political rights and Article 6 of the universal declaration
of human rights
8
(1996) S.C,S 11

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Freedom of speech and expression which is provided for in Article 19 of the international
convention., this refers to the right to freely without any restrictions receive or disseminate
information and ideas without public institutions interference. This right enables people
especially political players to distribute information on what they intend to do if they are
voted into office. This right also covers the freedom of press as one way of freedom of
expression; this could be electronic or print, radio or television.
Furthermore, each and every person has a freedom of thought, conscience and religion
beliefs. This right includes the right to a change a religion as well as not to follow a certain
religion if a person so decides.9 Every person has a right to private and to find a family, this is
in relation to personal identity, physical or moral integrity, which also includes esteem and
dignity, personal living space, sexual activities and social relations. This right also includes
the right to have private life as a secret from other people and the government has the duty to
protect the private life of individuals and protect them from infringement by any person.

Second generation rights

Second generation rights also known as social, economic and cultural rights which are
contained in Articles 22 to 27 of the universal declaration of human rights. These rights are
also contained in international convention on social economic and cultural rights. They
enables a person to enjoy social, economic and cultural areas without interference, and these
rights includes the right to work, under Article 23 sub article 1 to 4 of the universal
declaration provides that a every person has the right to work, to choose an employment, to
be subjected to good condition of work and to be protected from unemployment, sub article 2
says that every person is entitled to equal pay for equal work 10. Article 25 further states that
every person has the right to a standard of living, good health and well being of him or
herself. This right also includes the right to food, clothing, housing, and medical care and any
other necessary social services and the security in the time of unemployment, sickness,
disability, widowhood and old age, children born either in or outside marriage are entitled to
security protection and same treatment11. Article 26 further provides that every person has the
right to quality education and that education shall be free and accessible, it further state that
parents shall the right to choose the kind of education that shall be given to their children 12.
Every person has the right to freely participate in the cultural life of the community, to enjoy
9
Article 19 of the international convention on civil and political rights
10
Article 23, sub articles 1 to 4 of the universal declaration of human rights
11
Article 25 sub article 1 and 2 of the universal declaration of human rights
12
Ibid article 27 sub article 1 and 2

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the arts and to share in scientific advancement and its benefits and every person is protected
from the moral and material interest resulting from any scientific, literary or artistic
production of which he is the author 13. Article 24 of the universal declaration also state that
every person has the right to rest and leisure and have the limited working hours and periodic
holidays pay14.

Third generation rights

These are collective rights which are also known as solidarity rights. They are enshrined in
the article 1 of the universal declaration of human rights. These rights protect a certain group
of individuals such as women and children. All human beings are born free and equal in
dignity and rights and should act towards one another in the spirit of brotherhood 15. It should
be noted that these rights includes right to self determination of people who live in a certain
territory with the same language, culture and aspiration and the right to live in a clean and
safe environment, without pollution.

Difference between first and second generation rights

The first generation rights as mentioned above are civil and political rights which includes the
right to life, right to own property, right to vote and be voted, freedom from slavery, torture
etc. Therefore these rights are said to be positive individual’s rights that can be enforced
against any person who violates them through the court of law. For example if someone
intentionally with malice aforethought kills another person, he violates the right to life
therefore the state can enforce the right in the courts of law. The Zambian constitution
provides that any person can apply to court for redress if he alleges that any of the rights have
been violated, contravened or likely to be contravened 16. The whole process of enforcing the
law is known as justifiability. They are called first generation rights because they were the
first to be recognized globally. These rights are easier to enforce because it only needs the
Act compelling the state or the person who has violated the right to refrain from interfering
with the person’s rights. One of the Acts which can be used to compel the state is the Habeas
Corpus Act through Habeas Corpus application which compels the government to release the
person it has unlawfully detained. Second generation rights on the other hand are social,
economic and cultural rights which includes inter alia, the right to education, right to good

13
Ibid article 27 sub article 1 and 2
14
Ibid article 24
15
Article 1 of the universal declaration of human rights
16
Article 28(1) of the constitution of Zambia chapter number 1 of the laws of Zambia 1996

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health, right to work etc. These rights are quite difficult to implement or enforce in poor
countries like Zambia. For example the universal declaration provides that education and
medical care shall be free but in countries like Zambia it is impossible because it does not
have enough financial support, material and human recourses to sponsor every child to
school. Governments in poor countries cannot manage to provide free education to all the
children in the country.

Conclusion

In conclusion, the paper has talked about the classification of human rights; the paper has
discussed the classification of human rights in three categories namely first, second and third
generation rights. The paper has discussed these rights one by one. The first generation rights
refers to civil and political rights which includes right to life, right participate in public
affairs, right to own property, freedom form slavery and freedom arbitrary arrest. Second
generation on the other refers to social, economic and cultural rights which are found in
article 22 to 30 of the universal declaration and international convention on social economic
and cultural rights they include, right to education, right to good health, shelter and food,
right to equal pay for equal work and right to work. Third generation rights are known as
collective, people’s, or group rights which are enjoy a group of people and includes right to
self determination, right to live in a good environment. Lastly the paper discussed the
difference between first and second generation rights, the difference being that first
generation rights are easier to enforce because they only need the state to refrain from
interfering with these right where as second generation rights are hard to implement because
they need a lot of recourses in order to be implemented.

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 BIBLIOGRAPH

Books

Anyangwe, C (2000), human rights law, Lusaka: university of Zambia press

Legislation

Africa Charter on Human and People’s Rights

European Convention on Human Rights

The Constitution of Zambia chapter 1 of the Laws of Zambia

The constitution of Zambia chapter number 1 of the laws of Zambia 1996

The international convention on civil and political rights

The international convention on social, economic and cultural rights

The universal declaration of human rights

CASES CITED

Matthews Kalaluka Mate, Charles Mwala Mbwmwae and Christopher Mwala v The People
(1966) S.C.Z 11

S v Ncube and others (1988) (2) S.A 701 (ZSC)

Woolmington v The Dpp (1935) AC, 462

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