Notes Human Rights Principles AND

Implementation

Sociology of development (Pwani University)

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 HUMAN RIGHTS PRINCIPLES AND IMPLEMENTATION

Human Rights

Human rights are the basic rights and freedoms that belong to every person in the world, from
birth until death. Human Rights apply regardless of where you are from, what you believe or
how you choose to live your life. Human Rights can never be taken away, although Human
Rights can sometimes be restricted – for example if a person breaks the law, or in the interests of
national security. These basic rights are based on shared values like dignity, fairness, equality,
respect and independence. These values are defined and protected by law.

Characteristics of Human Rights

1. Universality and Inalienability: Human rights are universal and inalienable. All people
everywhere in the world are entitled to them. The universality of human rights is
encompassed in the words of Article 1 of the Universal Declaration of Human Rights:
“All human beings are born free and equal in dignity and rights.”
2. Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural,
economic, political or social issues, human rights are inherent to the dignity of every
human person. Consequently, all human rights have equal status, and cannot be
positioned in a hierarchical order. Denial of one right invariably impedes enjoyment of
other rights. Thus, the right of everyone to an adequate standard of living cannot be
compromised at the expense of other rights, such as the right to health or the right to
education.
3. Interdependence and Interrelatedness: Human rights
are interdependent and interrelated. Each one contributes to the realization of a person’s
human dignity through the satisfaction of his or her developmental, physical,
psychological and spiritual needs. The fulfilment of one right often depends, wholly or in
part, upon the fulfilment of others. For instance, fulfilment of the right to health may
depend, in certain circumstances, on fulfilment of the right to development, to education
or to information.
4. Equality and Non-discrimination: All individuals are equal as human beings and by
virtue of the inherent dignity of each human person. No one, therefore, should suffer
discrimination on the basis of race, colour, ethnicity, gender, age, language, sexual
orientation, religion, political or other opinion, national, social or geographical origin,
disability, property, birth or other status as established by human rights standards.
5. Participation and Inclusion: All people have the right to participate in and access
information relating to the decision-making processes that affect their lives and well-
being. Rights-based approaches require a high degree of participation by communities,
civil society, minorities, women, young people, indigenous peoples and other identified
groups.
6. Accountability and Rule of Law: States and other duty-bearers are answerable for the
observance of human rights. In this regard, they have to comply with the legal norms and
standards enshrined in international human rights instruments. Where they fail to do so,
aggrieved rights-holders are entitled to institute proceedings for appropriate redress
before a competent court or other adjudicator in accordance with the rules and procedures

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 provided by law. Individuals, the media, civil society and the international community
play important roles in holding governments accountable for their obligation to uphold
human rights.

Historical Background of Human Rights

The origins of Human Rights are ideally pinpointed to the year 539 BC. When the troops of
Cyrus the Great conquered Babylon. Cyrus freed the slaves, declared that all people had the right
to choose their own religion, and established racial equality. These and other principles were
recorded on a baked-clay cylinder known as the Cyrus Cylinder, whose provisions served as
inspiration for the first four Articles of the Universal Declaration of Human Rights.

Another cornerstone in Human Rights History is represented by the promulgation of the Magna
Charta in 1215 which introduced a raw concept of “Rule of Law” and the basic idea of defined
rights and liberties to all persons, which offers protection from arbitrary prosecution and
incarceration. Before the Magna Charta, the rule of law, now considered as a key principle for
good governance in any modern democratic society, was perceived as a divine justice, solely
distributed by the monarch or the king or, in this case, King John of England.
An evolution of the concepts expressed by the Magna Carta is represented by the English Bill of
Rights. It was an act signed into law in 1689 by William III and Mary II, who became co-rulers
in England after the overthrow of King James II. The bill outlined specific constitutional and
civil rights and ultimately gave Parliament power over the monarchy. Many experts regard the
English Bill of Rights as the primary law that set the stage for a constitutional monarchy in
England. It’s also credited as being an inspiration for the U.S. Bill of Rights (1791).

The Declaration of the Rights of Man and of the Citizen, adopted in 1789,
by France’s National Assembly , represents one of the basic charters of human liberties,
containing the principles that inspired the French Revolution.
The basic value introduced by the Declaration was that all “men are born and remain free and
equal in rights”, which were specified as the rights of liberty, private property, the inviolability
of the person, and resistance to oppression. All citizens were equal before the law and were to
have the right to participate in legislation directly or indirectly; no one was to be arrested without
a judicial order. Freedom of religion and freedom of speech were safeguarded within the bounds
of public “order” and “law”. Private property was given the status of an inviolable right, which
could be taken by the state only if an indemnity were given and offices and positions were
opened to all citizens.

It is in this historical period that the concept, mostly based on political concerns, of Civil and
Political Rights was defined. These rights, also known as first generation rights, recognize the
existence of certain things that the all-powerful rulers should not be able to do and that people
should have some influence over the policies affecting them. The two central ideas were those of
personal liberty, and of protecting the individuals against violations by the State. They
serve negatively to protect the individual from excesses of the State.

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The steps forward made since the time of Cyrus were impressive, yet still many of these
concepts, when originally translated into policies, excluded women, people of color, and
members of certain social, religious, economic, and political groups.
Prime examples to overcome this situation are represented by the efforts in the 19th and early
20th centuries to prohibit the slave trade and to limit the horrors of war.
Significant is the adoption of the first three Geneva Conventions and the Hague Conventions
expressing the deep concern of the public opinion to promote a respect of a basic level of
Human dignity of individuals even in wartime and posing the foundations of modern
International Humanitarian Law. The concerns over the protection of certain minority groups,
which were raised by the League of Nations at the end of the First World War, and the
establishment of the International Labor Organization (ILO) to oversee treaties protecting
workers with respect to their rights, including their health and safety, manifest the increased
positive attitude toward the recognition of the importance of Human Rights as we know them
today.

The time for a revolution and a deep progress in the protection and promotion of human dignity
was ripe. Eventually, it took the catalyst of World War II to propel human rights onto the global
stage and into the global conscience. The unprecedented cruelties perpetrated during the conflict
and outside it such as the extermination by Nazi Germany of over six million Jews, Sinti and
Romani (gypsies), homosexuals, and persons with disabilities horrified the world. The idea of
human rights thus emerged even stronger than ever after World War II. The Trials held in
Nuremberg and Tokyo after World War II, introduced the rather new concepts of "crimes against
peace," and "crimes against humanity."

Governments then committed themselves to establishing the United Nations, with the primary
goal of bolstering international peace and preventing conflict. People wanted to ensure that never
again would anyone be unjustly denied life, freedom, food, shelter, and nationality.
It was the 1945 and the fifty founding members of the United Nations stated, in the preamble of
the UN Charter, that they were determined to save succeeding generations from the scourge of
war, which twice in our lifetime has brought untold sorrow to mankind, to reaffirm faith in
fundamental human rights, in the dignity and worth of the human person, in the equal rights of
men and women and of nations large and small, and to establish conditions under which justice
and respect for the obligations arising from treaties and other sources of international law can be
maintained in order to promote social progress and better standards of life in larger freedom.
In the first article of the same Charter, Member states pledged “to achieve international co-
operation in solving international problems of an economic, social, cultural, or humanitarian
character, and in promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or religion.”

A strong political commitment was set and to advance on these goals, a Commission on Human
Rights was immediately established and charged with the task of drafting a document spelling
out the meaning of the fundamental rights and freedoms proclaimed in the Charter. Three years
later, The Commission, guided by Eleanor Roosevelt’s forceful leadership, captured the world’s
attention, drafting the 30 articles that now make up the Universal Declaration of Human Rights.
The Declaration was presented to the world, acting for the first time as a recognized and
internationally accepted charter, whose first article states that “All human beings are born

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free and equal in dignity and rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood."

The UDHR, although not legally binding, introduces the concept that how a government treats
its own citizens is now a matter of legitimate international concern, and not simply a domestic
issue, and that the exercise of a person's rights and freedoms may be subject to certain
limitations, which must be determined by law, solely for the purpose of securing due recognition
of the rights and freedoms of others and of meeting the just requirements of morality, public
order and the general welfare in a democratic society.
Its Preamble eloquently asserts that: 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. It restates the already identified civil and political rights and introduces the
so-called second generation rights, fundamentally economic, social, and cultural in nature,
furthermore claiming that all rights are interdependent and indivisible.

The message was clear and powerful, the realization of one Right is linked to the realization of
the others. All human rights are indivisible, whether they are civil and political rights, such as
the right to life, equality before the law and freedom of expression; economic, social and cultural
rights, such as the rights to work, social security and education, or collective rights, such as the
rights to development and self-determination, are indivisible, interrelated and interdependent.

The improvement of one right facilitates advancement of the others. Similarly, the deprivation of
one right hampers the improvement and enjoyment of the others.
The influence of the UDHR has been substantial and together with the International Covenants
on Economic, Social and Cultural Rights and on Civil and Political Rights it constitutes the so
defined “International Bill of Rights” that lays down the obligations of Governments to act in
certain ways or to refrain from specific acts, in order to promote and protect human rights and
fundamental freedoms of individuals or groups.

Its principles, by now, have been incorporated into the Constitutions of almost all the UN
members and has achieved the status of customary international law regarded as a common
standard of achievement for all people and all nations.

Human Rights have continued to evolve and, since its foundation, the United Nations has
adopted more than 20 principal treaties including conventions to prevent and prohibit specific
abuses like torture and genocide and to protect particularly vulnerable populations, such as
refugees (Convention Relating to the Status of Refugees, 1951), women (Convention on the
Elimination of All Forms of Discrimination against Women, 1979), and children (Convention on
the Rights of the Child, 1989).

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Definition of Terms
Treaty: a formal and legally binding agreement between two or more sovereign states or
international organizations. Treaties are often negotiated and signed by representatives of the
parties involved and require ratification by each party’s governing body before they become
legally effective. They serve as a means to govern various aspects of international relations,
including trade, security, and environmental protection.
Convention: a specific type of treaty that establishes general principles and guidelines on
particular issues, typically aimed at achieving cooperation among states. Conventions often focus
on important global concerns, such as human rights or environmental protection, and they may
set out specific obligations for parties to adhere to. Unlike treaties, conventions usually involve a
larger number of states and can serve as frameworks for subsequent agreements or protocols.
Protocol: an additional instrument that supplements or amends a treaty or convention. Protocols
may outline specific details, procedures, or obligations that parties must follow, and they are
often used to address issues that arise after the initial agreement has been established.

Cultural Perspectives in the Interpretation of Human Rights

The relationship between culture and human rights in Kenya is complex and multifaceted,
characterized by both synergy and tension. Kenya's rich cultural diversity, comprising various
ethnic groups with unique traditions and beliefs, profoundly influences how human rights are
understood, interpreted, and implemented. The following are ways in which culture influence
interpretation of human rights.

• Community Orientation: In many Kenyan cultures, there is a strong emphasis on

collective rights and communal welfare over individual autonomy. This perspective can
influence the interpretation of human rights, leading to a focus on group harmony and
community obligations rather than individual freedoms. For instance, decisions that
prioritize the community's interests might be valued more highly than those that
emphasize personal choice, potentially affecting rights related to freedom of expression
and personal privacy.
• Traditional Gender Norms: Cultural norms often dictate specific roles for men and
women, which can influence the interpretation of gender equality. In some communities,
these traditional roles may limit women's rights in areas such as education, employment,
and participation in decision-making. For example, cultural expectations that women
should primarily focus on domestic responsibilities can conflict with human rights
principles advocating for equal opportunities and rights for all genders.
• Faith-Based Perspectives: Religion plays a significant role in shaping cultural attitudes
toward human rights in Kenya. Religious doctrines may influence views on issues such
as marriage, sexuality, and family life, sometimes leading to interpretations of human
rights that are closely aligned with religious teachings. This can result in resistance to
certain

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 human rights concepts, such as LGBTQ+ rights or reproductive rights, if they are
perceived as conflicting with religious morals.
• Cultural Heritage: Practices that are deeply rooted in cultural traditions, such as
initiation rites, marriage customs, and dispute resolution methods, can shape how human
rights are perceived. For example, practices like female genital mutilation (FGM) or child
marriage, which may be culturally significant in some communities, are seen as human
rights violations under international standards. The cultural importance of these practices
can lead to resistance against efforts to eliminate them, influencing how rights related to
health, gender, and protection from harm are interpreted and applied.
• Role of Traditional Leaders: In many Kenyan communities, elders and traditional
leaders hold significant influence over local governance and the interpretation of norms,
including human rights. Their interpretations can shape community attitudes towards
human rights, either reinforcing or challenging certain rights based on cultural values.
This can impact the implementation of human rights, particularly in rural or remote areas
where traditional leadership plays a central role in community life.
• Customary Law and Legal Interpretation: In Kenya, customary law is recognized
alongside national law, and it can influence the interpretation and application of human
rights, especially in matters related to land ownership, inheritance, and family law. The
coexistence of customary and statutory law can lead to differing interpretations of rights
depending on cultural context. For example, inheritance rights for women might be
interpreted differently under customary law compared to national or international human
rights standards.
• Preservation of Cultural Identity: Efforts to promote human rights, especially those
perceived as foreign or imposed from outside, can be met with resistance if they are seen
as threats to cultural identity. Communities may resist adopting human rights practices
that they feel undermine their traditions or way of life. This resistance can influence how
human rights are interpreted and accepted, often leading to calls for culturally sensitive
approaches to human rights advocacy.

TAKE AWAY CAT

1. Explain 8 contemporary issues on human rights globally- GROUP ONE.

2. Discuss 8 limitations of human rights globally – GROUP TWO.
3. Discuss the impact of Kenyan Human Rights legislation and human rights inclusion in all
Acts of Parliament- GROUP THREE

Legislation covering Human Rights

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The Constitution of Kenya (2010)

Bill of Rights (Chapter Four): The Bill of Rights is an important aspect of human rights
legislation in Kenya, encompassing a wide range of civil, political, economic, social, and cultural
rights. Key rights include:

o Right to Life (Article 26): Every person has the right to life, and this right is
protected under the law, prohibiting arbitrary deprivation of life.
o Equality and Freedom from Discrimination (Article 27): All individuals are
equal before the law and have the right to equal protection and benefit from the
law. Discrimination on various grounds, including race, sex, pregnancy, and
disability, is prohibited.
o Human Dignity (Article 28): Every person has inherent dignity and the right to
have that dignity respected and protected.
o Freedom and Security of the Person (Article 29): This includes protection from
torture, cruel or degrading treatment, and arbitrary arrest.
o Freedom of Expression (Article 33): Every person has the right to freedom of
expression, including the freedom to seek, receive, or impart information or
ideas.
o Freedom of Assembly, Demonstration, Picketing, and Petition (Article 37):
Citizens have the right to assemble, demonstrate, and present petitions to
public authorities.
o Right to Privacy (Article 31): This protects against the unlawful search of a
person or their property, and the unlawful collection of personal information.
o Economic and Social Rights (Article 43): These include the rights to health
care, housing, food, clean and safe water, social security, and education.
o Access to Justice (Article 48): Ensures that every person has access to
justice and that legal fees should not impede this access.

Court Systems

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Kenya's legal system includes a variety of courts and tribunals specifically designed to address
and uphold basic human rights. These institutions play a crucial role in interpreting and
enforcing the human rights provisions enshrined in the Constitution of Kenya (2010) and other
relevant laws. Below is an overview of the system of courts and tribunals dedicated to dealing
with basic human rights in Kenya:

1. The Supreme Court of Kenya

• Role: As the highest court in Kenya, the Supreme Court has the ultimate authority to
interpret the Constitution, including matters related to human rights. It hears appeals on
constitutional issues, including those involving the interpretation of the Bill of Rights.
• Human Rights Jurisdiction: The Supreme Court can address cases of significant public
interest that involve the protection of human rights, setting legal precedents that lower
courts must follow.

2. The Court of Appeal

• Role: The Court of Appeal hears appeals from the High Court and other lower courts. It
has the jurisdiction to review decisions involving human rights issues, ensuring that the
law is applied consistently across the country.
• Human Rights Jurisdiction: Many human rights cases, particularly those involving
significant legal interpretations or precedents, are handled by the Court of Appeal.

3. The High Court

• Role: The High Court is the principal court for handling constitutional matters, including
those related to human rights. It has jurisdiction over any alleged violations of the Bill of
Rights, making it a key venue for human rights litigation.
• Human Rights Jurisdiction: The High Court can issue orders such as habeas corpus
(requiring a person arrested be brought before a judge), injunctions, and declarations of
rights. It also has the power to review decisions made by administrative bodies and
tribunals that may infringe on human rights.

4. The Employment and Labour Relations Court

• Role: This specialized court deals with disputes related to employment and labor
relations, including cases involving workers' rights.
• Human Rights Jurisdiction: The court handles cases involving violations of labor
rights, such as unfair dismissal, discrimination in the workplace, and violations of the
right to fair remuneration. It plays a critical role in upholding the rights of workers as
outlined in the Employment Act and other relevant legislation.

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5. The Environment and Land Court

• Role: This court has jurisdiction over disputes relating to the environment and land,
including issues of land ownership, use, and environmental protection.
• Human Rights Jurisdiction: The court addresses human rights issues related to land and
environmental rights, including the right to a clean and healthy environment. It also deals
with cases involving the rights of indigenous communities and others affected by land
disputes or environmental degradation.

6. The Children's Court

• Role: The Children’s Court is a specialized division of the magistrate's courts, dealing
exclusively with matters related to children, including child protection, custody, and
juvenile justice.
• Human Rights Jurisdiction: The court ensures the protection of children's rights as
outlined in the Children’s Act, 2022, and the Constitution. It handles cases of child abuse,
neglect, and other violations of children's rights, providing a legal framework that
prioritizes the best interests of the child.

Tribunals

A tribunal is a specialized judicial body or quasi-judicial body established to resolve specific

types of disputes, often within a particular area of law. Tribunals generally operate with more
flexibility and informality compared to traditional courts, making them more accessible and
efficient for certain cases. They are designed to offer a quicker, less formal, and often less
expensive resolution process.

Examples of Tribunals in Kenya:

1. The Industrial Property Tribunal

o Jurisdiction: This tribunal handles disputes related to industrial property
rights, including patents, trademarks, designs, and intellectual property.
o Functions: It hears cases involving infringement of intellectual property rights,
objections to the registration of patents and trademarks, and disputes over the
ownership of industrial property rights.
2. The Business Premises Rent Tribunal
o Jurisdiction: This tribunal deals with disputes between landlords and tenants
of commercial properties.
o Functions: It handles cases such as rent increases, eviction disputes, and
lease agreement issues, providing a platform for resolving conflicts in a
business environment.
3. The National Environmental Tribunal
o Jurisdiction: This tribunal addresses disputes related to environmental
matters, particularly those arising from decisions made by the National
Environment Management Authority (NEMA).

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 oFunctions: It hears appeals against NEMA's decisions, including those related
to environmental impact assessments, pollution control, and land use.
4. The Political Parties Disputes Tribunal
o Jurisdiction: This tribunal resolves disputes related to the activities of
political parties in Kenya.
o Functions: It handles issues such as party nominations, election disputes,
and conflicts between party members or between parties themselves.

Role of NGOs in ensuring Justice

Inter-jurisdictional and non-governmental organizations (NGOs) play a crucial role in advocating
for individuals experiencing inequality. These organizations operate across national borders or
within specific regions, working to promote and protect human rights, social justice, and
equality.

• Influencing Policy: NGOs and inter-jurisdictional organizations advocate for legal and
policy reforms that address inequalities. They lobby governments, regional bodies, and
international organizations to adopt and implement laws and policies that promote
equality and protect marginalized groups.
• Public Awareness Campaigns: These organizations run campaigns to raise public
awareness about issues of inequality, using various platforms such as social media,
traditional media, and public events. They educate the public on human rights,
discrimination, and social justice, aiming to shift societal attitudes and behaviors.

• Providing Legal Aid: NGOs often offer legal assistance to individuals experiencing
inequality, including those facing discrimination, violence, or other human rights abuses.
This can include legal advice, representation in court, and support in filing complaints
with relevant authorities.

• Human Rights Monitoring: Inter-jurisdictional organizations and NGOs monitor human

rights situations to identify and document cases of inequality, discrimination, and abuse.
They collect data, conduct field research, and produce reports that highlight patterns of
inequality and the impact on affected individuals and communities.
• Reporting to International Bodies: These organizations report their findings to
international human rights bodies, such as the United Nations Human Rights Council,
regional human rights commissions, and treaty monitoring bodies. They use these reports
to hold governments accountable and push for international interventions or sanctions
where necessary.

• Training and Education: NGOs often provide training and education to marginalized
communities, empowering them with the knowledge and skills needed to advocate for
their own rights. This can include training on legal rights, advocacy techniques, and how
to access social services.
• Supporting Grassroots Movements: These organizations support grassroots movements
by providing resources, funding, and technical assistance. They help build the capacity of
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 local groups to advocate for their rights and challenge inequality within their own
communities.

• Social Support Services: NGOs offer a range of direct services to individuals

experiencing inequality, such as shelter, healthcare, counseling, and education. These
services are often provided to vulnerable groups, including refugees, women, children,
and the LGBTQ+ community.
• Emergency Assistance: In situations of crisis, such as conflicts or natural disasters,
NGOs provide emergency assistance to those affected by inequality. This can include
food, medical care, and safe housing, particularly for those facing heightened risks due to
their marginalized status.
• Conducting Research: NGOs and inter-jurisdictional organizations conduct research on
various forms of inequality, analyzing root causes, impacts, and potential solutions. Their
research informs policy recommendations and advocacy strategies.

• Publishing Reports and Studies: The findings from their research are often published in
reports, policy briefs, and academic studies. These publications are used to influence
policymakers, educate the public, and guide the work of other organizations.

• Building Alliances: NGOs and inter-jurisdictional organizations often collaborate with

other organizations, both locally and internationally, to amplify their advocacy efforts.
They form coalitions and networks to share resources, coordinate campaigns, and
strengthen their collective voice.
• Engaging with Governments and International Institutions: These organizations
engage with governments, regional bodies, and international institutions to advocate for
the implementation of human rights standards and the protection of marginalized groups.
They may participate in consultations, submit recommendations, and attend international
forums to represent the interests of those facing inequality.

• Holding Perpetrators Accountable: NGOs work to ensure that individuals and entities
responsible for perpetuating inequality are held accountable.

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Inter-jurisdictional Processes in the Trafficking of Women and Children for the
Sex Slave Industry

• Definition: The trafficking of women and children for sexual exploitation involves the
recruitment, transportation, transfer, harboring, or receipt of individuals through
coercion, deception, or abuse of power.
• Processes:
o Cross-Border Cooperation: Requires coordination between countries for
surveillance, intelligence sharing, and legal action against traffickers.
o Legal Frameworks: International treaties, such as the Palermo Protocol,
mandate that countries enact laws to combat human trafficking and protect
victims.
o Law Enforcement: Police and border control agencies work across
jurisdictions to identify trafficking routes, dismantle trafficking networks, and
rescue victims.
o Victim Support: Victims often need to be repatriated or resettled across borders,
requiring collaboration between governments and NGOs to ensure their safety
and reintegration.

Inter-jurisdictional Processes in the Trafficking of Illegal Immigrants for Work

• Definition: This form of trafficking involves the illegal recruitment and transportation of
individuals across borders to exploit them for labor, often under conditions of forced
labor or debt bondage.
• Processes:
o Cross-Border Investigation: Requires cooperation between origin, transit, and
destination countries to track and dismantle trafficking networks.
o Legal Mechanisms: International agreements like the International Labour
Organization (ILO) conventions provide guidelines for combating forced labor
and trafficking.
o Prosecution: Traffickers may operate across multiple jurisdictions,
necessitating extradition treaties and joint legal actions to hold perpetrators
accountable.
o Protection and Rehabilitation: Victims often need assistance with legal status,
repatriation, and reintegration, requiring coordination among multiple countries.

Contemporary Issues on Child Labor and Child Involvement in War

• Child Labor:
o Prevalence: Despite global efforts, millions of children are still engaged
in hazardous work, particularly in agriculture, mining, and domestic work.
o Challenges: Poverty, lack of education, and weak enforcement of labor laws
contribute to the persistence of child labor.
o Global Response: International conventions, such as the ILO’s Worst Forms of
Child Labour Convention, aim to eliminate child labor, but implementation
remains inconsistent.
• Child Soldiers:

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 o Recruitment: Children are recruited by armed groups in conflict zones, often
forcibly or through manipulation.
o Impact: Involvement in war leads to severe physical and psychological
trauma for children, complicating their reintegration into society.
o International Law: The Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict prohibits the use of child
soldiers, but enforcement challenges persist.

Legislation on Human Trafficking

International Legislation

• United Nations Protocol to Prevent, Suppress, and Punish Trafficking in

Persons, Especially Women and Children (Palermo Protocol) (2000)
o A supplement to the UN Convention against Transnational Organized Crime.
o Provides a comprehensive definition of human trafficking and mandates
signatory countries to criminalize trafficking, protect victims, and promote
international cooperation.
• International Labour Organization (ILO) Conventions
o Forced Labour Convention (No. 29) (1930): Prohibits all forms of forced or
compulsory labor.
o Abolition of Forced Labour Convention (No. 105) (1957): Requires the
immediate and complete abolition of forced labor.
o Worst Forms of Child Labour Convention (No. 182) (1999): Calls for
the elimination of the worst forms of child labor, including trafficking and
exploitation in prostitution.
• Council of Europe Convention on Action against Trafficking in Human
Beings (2005)
o Focuses on preventing trafficking, protecting victims, and ensuring
effective prosecution of traffickers.
o Establishes a monitoring mechanism to ensure compliance by member states.
• Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) (1979)
o Addresses trafficking and exploitation of women, urging states to adopt
measures to suppress trafficking and protect women.

National Legislation (Kenya as an Example)

• The Counter-Trafficking in Persons Act (2010)

o Kenya's primary law addressing human trafficking.
o Defines and criminalizes various forms of trafficking, including for labor,
sexual exploitation, and organ removal.
o Provides for the protection of trafficking victims, including non-punishment for
crimes committed under coercion, and establishes mechanisms for their support
and rehabilitation.

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 o Mandates the creation of the National Assistance Trust Fund for Victims
of Trafficking and the Counter-Trafficking in Persons Advisory
Committee.
• The Children Act (2022)
o Includes provisions to protect children from trafficking, exploitation, and abuse.
o Criminalizes the trafficking of children and mandates severe penalties for
offenders.
• The Sexual Offences Act (2006)
o Addresses sexual exploitation and trafficking, particularly concerning women and
children.
o Establishes penalties for trafficking for the purpose of sexual exploitation.
• The Employment Act (2007)
o Prohibits forced labor and mandates penalties for violations.
o Provides for the protection of workers' rights, including the rights of
trafficked persons.
• The Prohibition of Female Genital Mutilation Act (2011)
o Though not directly a trafficking law, it addresses a form of trafficking for
harmful cultural practices, providing penalties for those involved in the practice
or its facilitation.

Issues Stemming from Cultural Collision with Kenyan Law

• Cultural Practices vs. Human Rights: Practices such as female genital

mutilation (FGM), early marriage, and certain inheritance customs conflict with
human rights principles enshrined in Kenyan law.
• Resistance to Change: Some communities resist legal interventions, viewing them
as external impositions that threaten traditional ways of life.
• Legal Reforms: Kenyan law, such as the Prohibition of FGM Act, seeks to
eradicate harmful practices, but enforcement is challenging in areas where these
practices are deeply ingrained.
• Community Engagement: Successful legal implementation often requires culturally
sensitive approaches, including community education and involvement of local
leaders.

Challenges for Criminal Justice Workers Managing Cultural Responses

• Cultural Sensitivity: Criminal justice workers must navigate the tension between
respecting cultural practices and upholding the law, which can be difficult in cases
where local customs conflict with legal standards.
• Community Trust: Building trust with communities that may view the justice system
as hostile or foreign is essential for effective law enforcement.
• Training and Resources: There is a need for specialized training for law
enforcement and judicial officers on cultural competence and human rights.
• Balancing Act: Workers must balance the enforcement of the law with respect for
cultural diversity, which may require mediation, education, and the use of
alternative dispute resolution mechanisms in some cases.
• Language Barriers: Many communities in Kenya have diverse languages and
dialects, which can hinder effective communication between criminal justice workers
and

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 community members. This barrier may lead to misunderstandings, misinterpretations, and
a lack of proper representation for individuals who do not speak the official languages.
• Resistance to External Authority: Communities with strong traditional leadership
may resist interventions from state authorities, viewing them as infringing on their
autonomy. Criminal justice workers may find it challenging to engage effectively when
community members prefer to resolve disputes according to traditional customs rather
than through formal legal channels.
• Psychosocial Factors: Communities may experience historical trauma, marginalization,
or social unrest, which can influence their interactions with the justice system. Criminal
justice workers must be sensitive to these factors to effectively address community
concerns and promote healing and reconciliation.
• Historical Grievances: Historical grievances between communities and law
enforcement agencies can create a legacy of mistrust. Criminal justice workers must
work to overcome these prejudices, which requires time, commitment, and sustained
effort to build new relationships and establish credibility within the community.

Parties Most Likely to Be Affected by Human Rights Issues

o Women and Girls: Often face gender-based violence, discrimination, and

exploitation, including trafficking and harmful cultural practices.
o Children: At risk of abuse, exploitation, child labor, and lack of access
to education and healthcare.
o Minority Groups: Ethnic, religious, and indigenous minorities often
experience discrimination, marginalization, and lack of representation.
o LGBTQ+ Individuals: Face persecution, discrimination, and violence in many
regions, including criminalization of their identity.
o Refugees and Migrants: Vulnerable to exploitation, trafficking, and violations of
their rights due to their legal status and lack of protection.
o Persons with Disabilities: May experience discrimination, lack of access to
services, and social exclusion.

Appropriate Advocacy Models for These Parties

• Grassroots Advocacy:
o Community-Based Approaches: Engage local communities directly to address
their specific human rights issues through education, mobilization, and local
advocacy.
o Participatory Advocacy: Involve affected parties in the design and
implementation of advocacy strategies to ensure their needs and voices are central
to the efforts.
• Legal Advocacy:
o Strategic Litigation: Use the legal system to challenge discriminatory laws,
protect victims, and set legal precedents that advance human rights.

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 o Legal Aid and Representation: Provide direct legal support to individuals or
groups whose rights have been violated.
• Public Awareness Campaigns:
o Media Campaigns: Utilize mass media, social media, and public events to raise
awareness about human rights issues and mobilize public support.
o Educational Programs: Develop programs to educate the public,
particularly vulnerable groups, about their rights and how to protect them.
• Policy Advocacy:
o Lobbying: Engage with policymakers, legislators, and government officials to
advocate for legal and policy changes that protect human rights.
o Coalition Building: Form alliances with other organizations and stakeholders to
strengthen advocacy efforts and achieve broader impact.
• International Advocacy:
o Engagement with International Bodies: Work with organizations such as the
United Nations, regional human rights commissions, and international NGOs to
bring attention to human rights issues and seek international support.
o Global Campaigns: Participate in or organize global campaigns that address
systemic human rights issues affecting the targeted groups.

The Relationships between Access to Resources and Human Rights

• Basic Needs Fulfillment: Access to resources such as food, water, healthcare, and
education is fundamental to the realization of human rights, including the right to life
and dignity.
• Economic Rights: Access to economic resources enables individuals to pursue
livelihoods, work, and engage in economic activities, reinforcing the right to work
and fair wages.
• Social Inclusion: Access to resources like social services and public spaces fosters
social inclusion, participation, and the ability to exercise rights fully.
• Empowerment: Access to educational resources empowers individuals to claim
and advocate for their rights, contributing to personal and community development.
• Political Participation: Resources such as information and platforms for
engagement enable individuals to participate in governance and hold authorities
accountable, reinforcing democratic rights.

Factors That Create and Maintain Barriers to Access Human Rights

• Economic Inequality: Disparities in wealth and income lead to unequal access to

resources, services, and opportunities, perpetuating human rights violations.
• Discrimination: Social, cultural, and systemic discrimination based on gender,
ethnicity, disability, or sexual orientation creates barriers to accessing rights.
• Lack of Awareness: Limited knowledge of rights and legal protections can prevent
individuals from advocating for themselves and accessing available resources.
• Inadequate Legal Frameworks: Weak enforcement of laws protecting human rights and
inadequate legal remedies can hinder access to justice and support services.

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 • Corruption: Corruption in public service delivery undermines access to
essential resources, including education, healthcare, and justice.
• Geographical Barriers: Remote or underserved areas may lack infrastructure and
services, making it difficult for individuals to access resources and exercise their
rights.

Strategies to Eliminate or Minimize Barriers to Resources That Promote Human Rights

• Legal Reform: Advocate for and implement legal reforms that enhance the protection of
human rights and ensure equitable access to resources for all.
• Awareness Campaigns: Conduct public awareness campaigns to educate communities
about their rights and available resources, empowering individuals to advocate for
themselves.
• Capacity Building: Provide training and support to marginalized communities
to enhance their skills in advocacy, negotiation, and resource management.
• Inclusive Policies: Develop and implement inclusive policies that prioritize marginalized
groups in resource allocation, ensuring equitable access to services and opportunities.
• Strengthening Institutions: Improve the capacity and accountability of institutions
responsible for protecting human rights and providing essential services.
• Community Engagement: Involve local communities in decision-making processes to
ensure their needs and perspectives are considered in resource allocation and policy
development.
• Partnerships: Collaborate with NGOs, civil society organizations, and
international agencies to leverage resources and support for marginalized groups,
enhancing their
access to rights and services

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