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UNIVERSITY OF BOTSWANA

FACULTY OF SOCIAL SCIENCES

DEPARTMENT OF LAW

LAW 439: GENDER AND THE LAW

ACADEMIC YEAR 2023/2024

LECTURER: Prof. Kenneth A. ACHEAMPONG

GENDER-RELATED CONCEPTS

THE CONCEPT OF HUMAN RIGHTS

HUMAN DIGNITY – The protection and maintenance of human dignity, which is

secured by all human beings by virtue of their sense of identity, is what the
concept of human rights entails. This is why human dignity is perceived as the
quintessence of human rights. [“DIGNITY”: A sense of your own importance and
value; self-worth]

THE RATIONALE FOR HUMAN RIGHTS - The concept of human rights contends
that for human beings to attain a life underpinned by human dignity, they must
have certain rights which, essentially, are entitlements and derive from their
nature as human beings (humanity); these rights constitute human rights. [Vide
the Universal Declaration of Human Rights, 1948 (UDHR)].

UN DEFINITION OF HUMAN RIGHTS (GENERAL) – “Human rights could be

generally defined as those rights which are inherent in our nature and without
which we cannot live as human beings.” [United Nations, Human Rights:
Questions and Answers, United Nations, New York, 1987, p. 4].

ESSENCE OF HUMAN RIGHTS (UN) – “Human rights and fundamental freedoms

allow us to fully develop and use our human qualities, our intelligence, our talents
and our conscience and to satisfy our spiritual and other needs. They are based
on mankind’s increasing demand for a life in which the inherent dignity and worth
of each human being will receive respect and protection.” [Ibid.]
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EXAMPLES OF HUMAN RIGHTS – (i) Civil and Political Rights: The right to life,
liberty and security of the person, the right to freedom of movement, the right to
freedom of opinion and expression, the right to equality before the law and the
equal protection of the law, the right to a fair trial, the right to freedom from
arbitrary arrest, detention or exile. (ii) Economic, Social and Cultural Rights: The
right to an adequate standard of living for one and his/her family, including
adequate food, clothing, housing and medical care, the right to education, the
right to form and to join trade unions, the right to take part in the cultural life of
one’s community, to enjoy the arts and to share in scientific advancement and its
benefits. (iii) Solidarity Rights: The right to peace, the right to development, the
right to the equal enjoyment of the common heritage of mankind, the right to
self-determination on the basis of which peoples freely determine their political
status and freely pursue their economic, social and cultural development and the
right to international peace and security.

VALUES UNDERPINNING HUMAN RIGHTS – Respect, Power, Enlightenment, Well-

being, Health, Skill, Affection and Rectitude (Uprightness, Integrity). [M. N. Shaw,
International Law, 2nd ed., Grotius Publications Ltd., Cambridge, 1986, p. 173].
These values are interdependent, and their common denominator is human
dignity; hence, human dignity is seen as the fulcrum or basis of human rights.
[“Values”: Beliefs about what is right or wrong and what is important in life].

THE PRINCIPLE OF EQUALITY AND NON-DISCRIMINATION – (i) Common

Humanity of Human Beings: This is one of the fundamental principles of the
concept of human rights and emanates from the notion that by virtue of their
common humanity ALL human beings are equally entitled to human rights. (ii)
Statement of Principle: UDHR Preamble, Para. 1: “Recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human family
is the foundation of freedom, justice and peace in the world”. (iii) UDHR’s
Substantive Provision on Principle: UDHR Article 2: “Everyone is entitled to all
the rights and freedoms set forth in this Declaration, without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.”
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SOME UN HUMAN RIGHTS INSTRUMENTS: [a] The International Bill of Human

Rights - (i) Universal Declaration of Human Rights, 1948; (ii) International
Covenant on Economic, Social and Cultural Rights, 1966; (iii) International
Covenant on Civil and Political Rights, 1966 and its Optional Protocols; [b] Some
Others - (i) Convention on the Prevention and Punishment of the Crime of
Genocide, 1948; (ii) Convention on the Nationality of Married Women, 1957; (iii)
International Convention on the Elimination of All Forms of Racial Discrimination,
1965; (iv) Convention on the Elimination of All Forms of Discrimination against
Women, 1979 [CEDAW – Women’s Bill of Rights]; (v) Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984; and (vi)
Convention on the Rights of the Child, 1989.

END