(PDF) Protection and advancement of human rights

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Running head: HUMAN RIGHTS IN DEVELOPING COUNTRIESHuman Rights in developing CountriesName of the StudentName of the UniversityAuthor Note
1HUMAN RIGHTS IN DEVELOPING COUNTRIESTable of ContentsIntroduction......................................................................................................................................2Background of the study..................................................................................................................2Thesis Statement..............................................................................................................................3Aims and objectives of the research................................................................................................4Research Question...........................................................................................................................4Scope of the Study...........................................................................................................................4Literature Review............................................................................................................................5Impact on Executive actions (Policy reforms).............................................................................5Impact on legislative actions.......................................................................................................6Research Methodology....................................................................................................................7Methods to tackle the problem........................................................................................................8Bibliography....................................................................................................................................9
2HUMAN RIGHTS IN DEVELOPING COUNTRIESIntroductionThe purpose of the international law is to authorize states to identify and accept humanrights, incorporate them into their national laws and constitutions, and respect the rights. Thestate parties must ensure that the rights are enjoyed by the nationals through their nationalinstitutions and incorporate them into their national ways of life. In1986, the African Charteron Human and People’s Rights (African Charter)was enforced and the2003Protocol to theAfrican Charter on the Rights of Women in Africa (Maputo Women’s Protocol)was adoptedas a response to the non-implementation of theAfrican Charterand other relevant legalinternational instruments with respect to the rights of women1. However, even after 10 years oftheAfrican Charterand 8 years of theWomen’s Protocol, majority of people within the Africancontinent are not even aware of the existence of these instruments2. Taking Nigeria, as the casestudy, this research aims at assessing the impact of these legal instruments on the Nigerianpeople whose interests are purported to be served by these international legal instruments.Background of the studyThe reason behind taking Nigeria as the case study is twofold. Firstly, Nigeria is one ofthe founding state parties to the African Charter and theWomen’s Protocoland is apparently theonlyAnglophone Africanstate that has directly domesticated the African Charter. Secondly,Nigeria comprises 20 percent of the African population, which implies that theAfrican Charterand theWomen’s Protocolaffects the 20 percent of the African people3.1Union, African. "Protocol to the African Charter on Human and Peoples ‘Rights on the Rights of Women in Africa(Maputo Protocol), 11 July 2003." (2016).2Tomuschat, Christian. Human rights: between idealism and realism. OUP Oxford, 2014.3Tadesse, Mizanie Abate. "The African Women Protocol as Supplemental to the African Charter and Other HumanRights Instruments: A Brief Analysis." Bahir Dar UJL 5 (2014): 1.
3HUMAN RIGHTS IN DEVELOPING COUNTRIESAccording toSmith (2018)the human right treaties is said to have an impact at twolevels. Firstly, it may have an impact through the individual complaints and state reporting withrespect to the domestic enforcement of the international human rights standards4. Secondly, itmay have an impact through the internalization of international human rights rules or standardsat the domestic level5.McCorquodale(2017) states that it is essential to assess the extent towhich human rights treaties have been successful at the domestic level to serve the interests ofthe nationals. This is because it shall enable the country to determine the progress that thecountry had undergone which will further assist in determining the potential challenges and rolesof the human right treaties in the future6.Thesis StatementThe thesis statement of this research paper relates to the consequence of theimplementation of theAfrican Charterand theWomen’s Protocol in Africa, focusing mainly onNigeria, as it is one of the founding State parties to the Charter as well as the Protocol and theonly country to incorporate the charter into its domestic law7. TheWomen’s Protocolwasimplemented to compensate inadequacy in the Africa Charter with respect to women’s rights.Although theAfrican Charterhas been domesticated asAfrican Charter Actbut theWomen’sProtocolis yet to be domesticated due to lack of concrete efforts.Aims and objectives of the researchThe aim and objectives of the research are as follows:4Smith, Rhona. International Human Rights Law. Oxford University Press, 2018.5Khaliq, Urfan, ed. International Human Rights Law Documents. Cambridge University Press, 2018.6McCorquodale, Robert. "Human Rights." (2017).7Dugard, John. Human rights and the South African legal order. Princeton University Press, 2015.
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