Know Your Rights Series (Part 3a) I Am No Different
By Fejiro Ogheneare
The next Fundamental Right that we will be visiting is the right to freedom from Discrimination. This is one of the fundamental rights that is constantly being abused in this country. Because of it’s enormous scope, we will delineate it to three sub-parts wherein we will cover extensively this fundamental Right. In this sub-part, we will restrict ourselves to the introduction of the Right to Freedom from discrimination and it’s scope.
The Right to freedom from Discrimination is provided for in Section 42 of the 1999 Constitution. The Right to freedom from Discrimination ensures that every citizen of Nigeria is treated equally, without fear or favour. Historians have traced the root of the Right to freedom from Discrimination to ecclesiastical times with copious examples in the Holy Bible and other ecclesiastical texts of the Right to freedom from Discrimination. One of such examples is the Mosaic law which states; ‘Thou shalt not respect the person of the poor, nor honour the person of the mighty: but in righteousness thou shalt judge thy neighbor (Leveticus 19:15)’
The scope of the Right to freedom from Discrimination is on this wise, it prevents discrimination on the grounds of community belonging, ethnicity, place of origin, gender, religion or political opinion (political affiliation/political connection). Majority of these grounds are things over which the individual has no power to alter and so discrimination on these grounds is wholly inappropriate. The Right to freedom from discrimination prevents discrimination in the application of any law, executive action or adminstrative action of the government on the grounds earlier mentioned.
The right to freedom from discrimination works in two ways. It prevents discrimination by being subject to disabilities or restrictions which others are not subject to because of your community belonging, ethnicity, place of origin, gender, religion or political opinion (political affiliation/political connection). It also prevents discrimination by being accorded certain privileges or advantages that is not accorded to others because of my community belonging, ethnicity, place of origin, gender, religion or political opinion (political affiliation/political connection).
That wraps up the first sub-part of this article. Connect for the remaining parts. Make sure to follow the link to get your own e-copy of the 1999 Nigerian Constitution. Till next time.
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