CIVICS AND ETHICS

Definition of civics

Civics comes from the Latin word “civis” which means citizen. It can simply be define as a
social science that deals with the right and duties of citizens and how the government function to
satisfy the needs of the citizens.

Reasons why we study civics

To learn how laws are made enforced modified and how they are amended by later laws.

To learn about the rights and duties (responsibilities of a citizen).

It trains citizens to be conscious of their political rights and duties and be ready to defend these
rights. To know how the political, economic and social system of government are supposed to
operate.

To awaken national consciousness and pride in our nation.

It awakens citizens about general knowledge, about their culture, religion, economic and how
they function.

The study of civics helps to provide cultural awareness and foster national identity and
understanding in a heterogeneous society where there are differences in language, culture and
religion. It teaches good public morals and values so as to produce honest and obedient citizens.

It promotes and cements national unity and cooperation.

It helps us to have a global knowledge of world affairs in order to promote international

understanding and cooperation.

It also helps us to know consequences of breaking laws (civil and criminal).

It enables us to understand and uphold our culture. It enables us know about the society in which
we live and how to interact with the government.

CONCEPTS RELATED TO CIVICS

Civics and moral education is all about building positive relationships, however, the various
areas where these relationships are include;
 1. Moral education.

In the study of moral habits, standards of behavior and the principles of right and wrong. It
teaches us virtues like truthfulness and honesty in life, how to live in peace and harmony in our
communities

2. Justice.

This is a model of accountability and answerability which encourages fairness in the punishment
and remission of wrongs. It is the process of using laws to fairly judge and punish crimes and
criminals. Justice means that the rights of the accused are guaranteed. It also means that the
interest of the victim is protected and the well being of the entire community is upheld. The
notion of justice is deeply rooted in all cultures and societies. The execution of justice requires
formal judicial mechanism like the courts.

Justice is simply means giving each person his due, being just, righteousness and equitableness .

3. Rule of Law.

This is a fundamental theory of governance which holds that all persons whether public or
private institutions and the state itself should be held accountable or answerable to the laws that
are publicly legislated according to laid down norms. The rules of law is termed the legal
principle in which laws govern the nation and no one is above the law. It could also mean
absolute supremacy of the laws of the land over all citizens.

HUMAN QUALITIES, VALUES AND NORMS

1. Human Freedom

This is the condition of being free from confinement and forced labor. It is an intrinsic good. It is
good when it allow us to do good things and bad when it allows us to what is not correct. Liberty
is a necessary property to happiness. So individuals as well as collective happiness requires
liberty

The principle of liberty is that individuals should do whatsoever they want to do as long as they
do not harm others. Should the state interfere in individual liberty, the state should be doing so
when individual liberty harms others. Liberty is a value grounded in the nature of humans as
progressive beings. It can put to value to be used and it is also the necessary condition for the
personal self development of human happiness
 CITIZENSHIP

Citizenship is a mutual appellation that exists between an individual living in a particular

country and enjoys all the rights and privileges of that country, and who on the other hand pay
loyalty or allegiance to the country. A citizen of a country has political rights which include;

The right to vote and be voted

The right to change a repressive government

The right to equal opportunity

The right to political appointment

The right to education, Freedom of thought and expression. For more details see the 1996
constitution as amended by the 2008 law.

The citizens love their country and the state is under an obligation to provide certain facilities
which the citizens or the individual, on his own could not have provided. In return the citizens
carry out certain task and duties to sustain, enhance and contribute to the growth of the state.
Citizenship is a life long relationship which a citizen enters into and only graduates when he or
she dies or changes nationality. Before looking in details, the give and take relationship that exist
between the citizens and the state or country, we shall look at the various ways that an individual
can become a citizen of a country.

Methods of Acquiring Nationality in Cameroon

There are several ways through which citizenship or nationality can be obtained in Cameroon.
This includes the following;

1. Through delivery or birth.

Any child born in Cameroon or on Cameroon territory, soil (jus soli) automatically becomes a
Cameroonian.

2. By decent.

Any child born by Cameroonians parents automatically acquires Cameroon citizenship.

3. By marriage.

Citizenship can be obtained by way of marriage. If a Cameroonian gets married to a wife who is
a foreigner, the wife will acquired Cameroonian nationality and vice versa.

4. By naturalization.
This is done through application. A foreigner who is interested to become a Cameroonian can
apply to acquire Cameroonian nationality through the president. The application goes through a
process of evaluation. If it is found that the individual loves the country and can contribute
positively to the growth and development of the country, such individual will be granted a
citizenship of Cameroon.

5. By Adoption.

Any child adopted by Cameroonian parents acquires the nationality of his adopted parents.

6. Honour.

Citizenship or nationality can be obtained as an honour bestowed on an individual because of his

political accomplishment or because of his individual contribution in promoting human dignity.
E.g. distinguish political figures like Nelson Mandel acquired Tanzania, Guinea and Liberia.

7. By territorial expansion and Conquest

8. Purchase of real estate

Loss of Citizenship/ Nationality

 Through Renounciation
 By divorce
 By treason or felony
 Through Long absence
 By acceptance of service

Differences between a citizen and a foreigner There are several differences between a citizen and
the foreigner of a country. A citizen enjoys political and social rights. He or she also enjoys legal
protection while non-citizens who are not recognized do not. A citizen has his or her own
country as a permanent habitant or home while a noncitizen of that country has it as a temporal
home.

Functions of the State vis-a-vis the Obligations of its Citizens

The role of the state or country is to help its inhabitants to carry out those activities which if left
for them to do will not be done. These duties include the following;

1. Protection.

To guarantee protections is one of the fundamental duty that citizens expect from any
government of a country. Therefore the state is under a duty to protect it citizens both internally
and externally.
2. Education.

The state has as a responsibility to educate its citizens and ensure that they have quality
education. Such education given to the citizens can be formal or informal both in the public and
private sector.

3. Health.

The state has as a responsibility to provide good medical facilities to its citizens. It is the
responsibility of the state to make sure that the citizen lives in a healthy environment so as
prevent the outbreak of epidemics and diseases.

4. Assistance.

The state also has the duty to provide assistance to its citizens whenever they are unable to help
themselves especially to the less privileges citizens or groups. Financial assistance can also be
given to small and medium size enterprises to help them booster their businesses.

5. Provide jobs.

The state cannot provide jobs for everyone. However, it is the responsibility of the state to make
the environment favorable for jobs to be created. This can be done by encouraging individuals to
invest in the private sector, developing those areas that are lucrative and that can bring income to
the economy.

Obligations of the Citizens

1. Pay taxes.

The citizens have as an obligation to pay taxes to the government or to the state. Such taxes are
used in the provision of public and social facilities.

2. Participation in voting.

The citizens are obliged to participate in elections that occur within their country e.g
parliamentary, senatorial, presidential elections.

3. Respect of authority.

The citizens are under an obligation to respect and obey constituted authorities within the state.

4. Observed and respect national laws.

If laws are not implemented in society, there will be chaos and barbarism. Therefore, laws are
instituted in society so that, differences in society will not lead to conflict and destruction. Good
citizens participate in the process of selecting law makers.
 5. Sanitation.

The citizens of a state have it as an obligation to maintain good sanitation in order to gain a
conducive and healthy environment.

The citizens also have as a duty to serve in the army It is also the duty of citizens to help the
police to track down criminals in the society.

NATION

A nation can be defined as a large community of people living in a particular area and who are
members of a political community or country. These people are answerable to one government
and share the same culture.

Members of a particular nation live within the state where the government of that country is
based as well as in the diasporas. For example the Cameroonian nation include those living in
Cameroon and in other parts of the world

The Concept of National Unity and National Intergration

National unity refers to a political concept that defines the feeling of oneness, togetherness and
fraternity often manifested by citizens of a given country. Where as ;

National intergration refers to a political philosophy used by the Cameroon government since
independence. It is a slogan that empowers Cameroonians to close ranks to work for the political,
ecomomic and social progress of the fatherland. It also requires that citizens should feel free to
live and work in any part of the country.

NATION BUILDING

Nation building refers to all aspects aimed at bringing a nation together be it politically,
economically and socially. Nation building is an unending process of assuring that a country is
strong and healthy in all dimension (i.e. political, economic, social), so as to improve the life of
its citizens. Nation building aims at constructing or structuring national identity using the powers
of the state so that it remains politically, socially and economically stable.

INDICATORS OF NATION BUILDING

A. POSITIVE INDICATORS
1. Patriotism: It has to do with love for your country and willingness to defend it.

2. Unity and cooperation: This is the state of being in agreement and working together.

3. Respect for constituted authority: It has to do with trying not to break law put in place by
authority.

4. Punctuality: Doing something at the correct or appointed time.

5. Hard work: Putting in a lot of effort and doing something well.

6. Loyalty: Being truthful to your country.

B. NEGATIVE INDICATORS

1. Tribalism: Behavior or attitude of trying to be loyal to a tribe or favouring someone because

he/she is from the same tribe as you.

2. Nepotism: Giving unfair advantages to your own family, e.g. by giving them jobs sometimes
below their capacities.

3. Corruption: Dishonesty or illegal behavior especially by people in authority.

4. Intolerance: trying not to accept the ideas or ways of behavior different from yours.

5. Embezzlement:

6. Theft:

7. Dishonesty: That is, trying to trick people. 8. Laziness: unwillingness to work or be active, i.e.
doing as little as possible.

9. Greed: It has to do with a strong desire for more wealth, thus, tiling, embezzlement and
bribing.

10.Bribery

11.Prostitution: Having sex on hire (for money) which can lead to diseases, unwanted
pregnancies, low self-esteem, etc.

12.Promiscuity: Having more than one sexual partner.

13.Violence: physical and emotional violence.

14.Drugs. It is an illegal chemical smoked or injected which has negative physical and mental
effects
NATIONAL SYMBOLS (Emblems)

These are symbols that make one country to be different from another and they are: The National
Anthem, Flag, Motto, Seal and the Coat of Arms. ---

The Anthem: It is the official song of the nation which is sung at the beginning of national
events like National Day and Youth Day, political party meetings ,opening session of the Senate
and National Assembly, when the president wants to address the nation, during seminars and
meetings of national interests, when another president visits the country, at school before the
assembly begins and at international sporting competitions.

The Cameroon anthem was composed by Samuel Minkyo Bamba and Moise Nyatte Nko’o and
was translated into English Language by Bernard Nsokika Fonlon. The title is O Cameroon. ---

The Flag: It is a piece of cloth that has symbolic colors and signs. Flags are used by nations and
organizations. The flag of Cameroon has three colors(tri-color), namely ,green, red and yellow
with a golden star on the red vertical stripe. The green represents the Southern forest, the red
stands for the blood of those who fought for independence and the yellow represents the North of
the country with its riches. The golden star stands for the authority and unity of the nation.
Indicating that Cameroon is one and indivisible. The Cameroon national flag was adopted in its
present form in May 1975. The flag is used during national days and other important
celebrations and during international sporting competitions and conferences to represent the
nation. The flag is hoisted in public buildings like the presidency, parliament building, all
government offices, police, army and gendarmerie posts, in schools, palaces of traditional rulers
and at the head quarters of international organizations of which Cameroon is a member e.g. the
UN, AU, Commonwealth, Francophonie, CEMAC etc. The flag is lowered at the end of a
national ceremony and at the end of a working day. The flag is flown half-mast (lowered half
way down the pole) when a disaster claims the lives of citizens (national bereavement) e.g. the
Eseka train accident that occurred in October 2016 that claimed the lives of close to ninety
citizens and when an important state official like the president dies i.e. a day of national
mourning. It may also be flown half mast when something unfavorable happens to a country. In
1961 the flag was lowered half mast and a day of national mourning was declared by president
Ahmadou Ahidjo after British Northern Cameroons voted to join Nigeria in the plebiscite.

The Motto: It is a short phrase or slogan that reflects the nature, objectives and ambitions of a
country or organization. The motto of Cameroon is Peace, Work, and Fatherland. It is used on
all official documents and stamps of the country. It appears on circulars, passports, ID cards,
constitution, penal code, labour code etc. Peace means that all Cameroonians should be
committed to peace and that Cameroon should be at peace with other countries. It also involves
law and order, dialogue and unity in diversity. Work means that Cameroonians should shun
laziness and work hard for the development of the country .That is labor, hard work, toil and
sweat. Fatherland means that Cameroonians should have love for the country of their birth and
the country of their forefathers.

The Seal: It is a symbol that is carved and used as the official mark of the nation and used on
official documents to symbolize state authority. It is also stamped on official documents. The sea
l of Cameroon is a circular metallic stamp(medallion),46 millimetres in diameter, it has the
picture of a young girl’s head, a coffee branch with two leaves, five cocoa pods, the name of the
country is written round it in English and French and the country’s motto(peace, work,
fatherland) appears just above the girl’s head.

The Coat of Arms: It is a decorative device that has symbolic images associated with a
particular country and also symbolizes state authority. The Coat of Arms of Cameroon has two
crossed axes symbolizing state authority that are imposed on the flag and map of Cameroon. It
also has the name and motto of the country written in both French and English. The hanging
balanced scale symbolizes justice and the rule of law. It is used on official state documents like
decrees, passports, birth and death certificates etc. It is also used on court documents and to
decorate members of the police

THE STATE

Public international Law defines the state as “a group of people who are settled on a specific
territory in which Law and order exist”. The Law and order is geared towards ensuring general
interest of the society. Thus in international Law, the state is defined taking into consideration
these basic elements, i.e. population, government and territory.

1.2. CONSTITUENT ELEMENTS OF THE STATE

As far as public international Law is concerned, there are three basic elements of a state. These
are population, Government (i.e. Law and Order), and territory.

A) – POPULATION

International Law requires a sovereign state to have a permanent population, irrespective of

social composition or size. For instance, Equatorial Guinea has a population of less than one
million up to date. Saint Christopher has a population of forty-five (45.000) inhabitants, yet they
are a sovereign states and equal to any other state in the world. There can be no state without
citizens. There are often different categories of inhabitants living in every state. It is imperative
to look at the different factors that unite the different categories of people in a state together.
This is usually influenced by the way a state is organized and functions. The state at times is
referred to as the nation. What a nation actually is has been a subject of great controversy. The
German and the French have a different conception of the term as seen below: The French
conception of the term nation is based purely on a subjective criterion. To the French, the nation
is not formed from the perspective of language, race, culture etc. According to the French
conception, a nation simply is a group of people living in a given territory, having a common
destiny or desire to stay together. To the French, what matters is that desire to stay together and
strive for common goals and destiny and not one language or one race. The nation according to
Renan is a spiritual conception or creation. The German conception of a nation on the other hand
is based on the objective criteria. According to the Germans, a nation only exists when the
people are of the same ethnic background, one race, speak one common language, share the
same culture and have a common destiny. This German notion brought forth another
terminology known as the “nation-state”. If the German conception is taken into consideration,
then a nation especially in the African context would mean a tribe, because a tribe in Africa is
an ethnic group with one language, one race, one people livening in a given territory with a
common destiny. The French conception suits very well in the African context. The French
conception when merged together with the German conception produces what is popularly
referred to as “Nation-State”. All African states could be described as Nation-States, where we
have many people of different cultural background living together under the umbrella of the state
having a desire to remain together and build a common destiny.

B) - TERRITORY

It is indispensable for every state to have a defined territory with well demarcated borders. The
territory determines the area of jurisdiction (command) of every government, for a different
Government cannot administer nor make laws for the people living in different territory. For this
reason, the demarcation of state frontiers had becomes a very important issue that more often
than not, states are at conflicts with one another and have often gone to war for Example, the
Nigeria/Cameroon conflict over the Bakassi peninsula, the Ethiopian/Eritrea crisis, etc. The
element of territory is not a condition sinequanon for the existence of a state. For example,
Albania was recognized in 1913 without having a defined territory, Israel up to date has no
settled boundaries but it is recognized as a state. Whatever the case, the territory of the state
include: The land within the frontiers, all resources beneath the land mass, 12 nautical miles into
the sea and territorial waters, all that is beneath the territorial waters within 12 nautical miles into
the sea, and the air space above the land and territorial waters of the state.

C)- EFFECTIVE GOVERNMENT

Any organized society must have both those who govern and those who are governed.
Government refers to all the institutions and authorities that participate in the management or
running of the society. That is the administration. The contemporary government comprises
three branches that is, the Legislative arm that makes Laws, the Executive arm that enforces or
execute the law, and the Judiciary arm that interprets the Laws. The phrase “effective
Government” simply means the ability or capability of the Government to maintain order in the
territory, make laws and judges or dispense justice. The recognition of a government is not a
pre-condition for the recognition of a state. This is true because Somalia has existed for long
without a government, yet it is recognized as a state. In international law, all states are equal
irrespective of wealth and population or race. It is a necessary corollary for the concept of
sovereignty and independence. The general tendency is that each state is entitled to equal voting
rights in international conferences, unless they agree 8 | P a g e to accept some other system.
Any credible government must be able to control its own territory without much recourse to
outside intervention.

FORMS OF STATE

There are basically three types state, notably the Unitary, Federal and Confederal states

1. UNITARY STATE

This is the type of state which has only one central Government and one system of Law, binding
everyone in the state. In a unitary state, there are no other national authorities apart from those of
the state or central government. We have three different techniques of managing a unitary state
viz:

1.1. Centralized Unitary State. There is absolute centralization of activities, under this case,
the administration of the state is either in the hands of one person or a small ruling class
concentrated in the administrative headquarters of the state. This was the situation in France
during the reign of Louis XIV. He and his nobles and members of Government were all in his
palace or court in Paris from where they administered France. It is different to separate the ruler
from the state. The rulerʼs property is fussed with that of the state. He alone can declare war and
sign a peace treaty. Louis XIV is often quoted as having declared that “Lʼetat Cʼest Moi”. That
is, “I am the state or the state is me”. Centralization attained its peak during his reign. We
equally have another hybrid of a unitary state i.e. decentralized unitary state.

1.2. Decentralised Unitary State. Decentralization simply put is the transfer of some
competence which formerly were vested in the hands of the central government or the state to
peripheral entities or authorities within the state. Here, the possibility of local autonomy exists.
With decentralization, the local entity has both organic and financial autonomy. The preamble of
the Cameroon constitution states that Cameroon is a decentralized unitary state – see Section 1
(2) of the 1996 version of the Cameroon Constitution. Section 55 (1) of the Constitution
stipulates that “Regional and Local authorities of the Republic shall comprise Regions and
Councils”. Section 55 (2) goes further to state that decentralized authorities or entities “shall
have administrative and financial autonomy”. Each decentralized entity is accorded a
Supervisory authority to ensure state authority over the entity. Decentralization can either be by
function (service) or territorial. It is functional when a body or institution is created to care for a
precise need. It is territorial when the country is carved into local entities under the control of
local authorities who manage the day to day affairs of that entity. It should be noted that there
are two basic techniques of managing a unitary state through decentralization and
Deconcentration i.e. the idea of division of the country in regions and divisions, as the case in
Cameroon with no organic nor financial autonomy. The last but not the least hybrid of unitary
state is regionalization.

1.3. Political Regionalism. For social, historical or cultural reasons, regions can be created
within a unitary state, but the creation of regions is not enough for political regionalism to exist.
There is the necessity for the unitary constitution to award not only administrative but also
practical autonomy. This can be an orientation towards federalism and is risky, for can lead to
secession. Spain has seventeen regions which are all autonomous. Belgium is divided into
linguistic regions. Italy has six regions with special states and 16 others which possess
legislative attributions. The French unitary state too has witnessed some political regionalism.

2. A FEDERAL STATE

We have a federal state when several autonomous territorial units with their own constitutional,
legislation and judicial systems come together in a union. Federated states within the federal
union possess large constitutional, economic and political autonomy. The legal basis of a federal
state is not an international treaty as the case with confederal state but a federal constitution. The
federal state is therefore “a state of states”. Examples of federal states include; U.S.A., Nigeria,
Canada, Germany, Brazil, Switzerland etc.

3. A CONFEDERAL STATE

This is an imperfect type of federalism. In this case, some states decide to associate or
confederate as regards certain number of activities, especially international affairs. This is a lose
kind of federation whereby the various states which are members of the confederation maintain
their sovereignty (independence) while cooperating only at the level of foreign affairs. They
maintain a common foreign policy. Such a union is usually formed by international treaty or a
confederal pact. The member states maintain economic cooperation. They equally cooperate at
the level of security and defense. It should be noted that while a federated state has the
constitution as its base, the confederal state has an international treaty as its base.

GOVERNMENT

Government is a body of persons or institution that is empowered to make and enforce laws of
the state or a particular society. These laws are made to safeguard the smooth functioning of the
state and sharp the behavior of citizens. In the absent of these laws, there will be insecurity,
chaos and oppression.

Functions of the government

❖ They make laws

❖ Promote economic growth

❖ Create job opportunities

❖ Provide security and protection to citizens

❖ Provide the country with infrastructures such as roads, hospitals

❖ Provide socio economic needs of the citizens such as pipe born water, electricity etc

❖ Responsible for good health and education

ORGANS OF THE GOVERNMENT

Organs of the government refer to the parts or sections of government which has a particular
function towards the success of the government. Therefore, every government has organs that
assist in the charge of function. They include;

The legislature. The legislature is the organ which is in charge of making laws for the state. In
doing so, it introduces new laws, changes and amend some existing laws if it consider them
lacking in application. In Cameroon the legislature is headed by parliament. The Cameroon
parliament is Bi-cameral in nature meaning that it is made up of two houses. The lower house
(National Assembly) and the upper house (senate). In the united statess we also have the house
of common and the House of Lords. Apart from voting laws the legislature is also in charge of
voting the country budget, amend the constitution and control of government actions .

The executive. This is the administrative arm of government. The executive arm of the
government is charged with the administering or executing laws passed by parliament. The
executive does the administrative duties of the government by providing for the needs and the
protection of the people living within the state. It does not make laws but initiates and proposed
them in the form of bills to parliament for deliberations. In Cameroon the executive is head by
the president with the help of his ministers.

The judiciary. The judiciary interprets the laws made by the legislative organ. The judiciary
has the powers to declare a law made by parliament null and void if such laws are contrary to the
laws of the land (constitution).

Types of government (assignment) Read on Monarch Parliamentary system of government

Presidential system of government Semi presidential system of government
 GOOD GOVERNANCE

According to the World Bank, good governance is the manner in which power is exercised in
the management of a country economic and social resource for development.

ATTRIBUTES OR INDICATORS OF GOOD GOVERNANCE

1. Participation.

This implies that all men and women should have voice in decision making. Participation could
either be direct through representative. Good governance requires freedom of association and
expression of an organized society

2. Transparency.

This means that decision taken and enforcement are done in a manner that follows rules and
regulations. It also means that information is also free and available for those to be affected by
such decisions.

3. Accountability.

Good governance requires that institutions as well as private sectors and civil society
organization be accountable to those who will be affected by its decisions or actions. In order
words it means giving answerability and giving in details how resources have been channeled or
use before reaching the establish goals of the entity.

4. Rule of law.

Good governance requires that laws in a given society should be implemented impartially.
Therefore impartial enforcement of laws will require and independent judiciary and an impartial
and incorruptible police force

5. Responsiveness.

This goes along way with the notion of setting dates, time frame and deadline in solving
pressing needs of the society

6. Efficiency.

Efficiency will mean that institutions or entities should use the available resources to produce a
result that meets the need of the society.

7. Equity.

This requires all groups especially the most vulnerable have equal opportunities to improve or
maintain their well-being.
PUBLIC PROPERTIES AND COLLECTIVE GOODS

A public good refers to a commodity or service that is made available to all members of society.
Typically, these services are administered by governments and paid for collectively through
taxation.

In economics, a public good (also referred to as a social good or collective good) is a good that is
both non-excludable and non-rivalries. Use by one person neither prevents access by other
people, nor does it reduce availability to others. Therefore, the good can be used simultaneously
by more than one person. This is in contrast to a common good, such as wild fish stocks in the
ocean, which is non-excludable but rivalries to a certain degree. If too many fish were harvested,
the stocks would deplete, limiting the access of fish for others. A public good must be valuable
to more than one user; otherwise, its simultaneous availability to more than one person would be
economically irrelevant.

Lighthouses are often used as an example of a public good, as they benefit all maritime users, but
no one can be excluded from using them as a navigational aid.

Capital goods may be used to produce public goods or services that are "...typically provided on
a large scale to many consumers." Similarly, using capital goods to produce public goods may
result in the creation of new capital goods. In some cases, public goods or services are
considered "...insufficiently profitable to be provided by the private sector.... , in the absence of
government provision, these goods or services would be produced in relatively small quantities
or, perhaps, not at all."

EXAMPLES OF PUBLIC GOODS

Public goods include knowledge, official statistics, national security, common languages, law
enforcement, public parks, free roads, and many television and radio broadcasts. Public goods
also refer to more basic goods, such as access to clean air and drinking water. Flood control
systems, lighthouses, and street lighting are also common social goods. Collective goods that are
spread all over the face of the Earth may be referred to as global public goods. This includes
physical book literature [dubious – discuss], but also media, pictures and videos. For instance,
knowledge is well shared globally. Information about men's, women's and youth health
awareness, environmental issues, and maintaining biodiversity is common knowledge that every
individual in the society can get without necessarily preventing others access. Also, sharing and
interpreting contemporary history with a cultural lexicon (particularly about protected cultural
heritage sites and monuments) is another source of knowledge that the people can freely access.

Public goods problems are often closely related to the "free-rider" problem, in which people not
paying for the good may continue to access it. Thus, the good may be under-produced, overused
or degraded. Public goods may also become subject to restrictions on access and may then be
considered to be club goods; exclusion mechanisms include toll roads, congestion pricing, and
pay television with an encoded signal that can be decrypted only by paid subscribers.

There is a good deal of debate and literature on how to measure the significance of public goods
problems in an economy, and to identify the best remedies.

In economics, public or collective goods are contrasted with private goods. The enjoyment of a
private good can be restricted to those who pay for it, and the consumption of a private good by
one person makes it unavailable to anyone else. Markets “work” for private goods, where
individuals make clear decisions about cost/benefit tradeoffs and prices are the consequences of
the forces of supply and demand. By contrast, public (collective) goods are nonexcludable—
shared by everybody, whether they helped pay for the good or not—and nonrival—in that one
person's “enjoyment” of the good does not affect another's. People who share in a public good
without paying for it are often called “free riders.” Because people can share in a public good if
it is paid for by others, the usual assumptions of the market fail, and economists and social
scientists generally argue that public goods need to be provided through taxation or other
collective means. Public goods are an instance of the more general matter of externalities, in
which one person's actions or choices affect the costs or benefits to other people who did not
make the choice. Within economics, there has been a great deal of elaboration of these ideas.
Some goods are non rival but excludable (e.g., satellite television), others are no excludable but
rival (e.g., environmental resources); both excludability and rival-ness are continua rather than
dichotomies. Public or collective goods vary greatly in important ways that affect the social
dynamics of their provision, including their lumpiness and the linearity or nonlinearity of their
production functions. Moreover, the same “good” (like clean air or a bridge) can be provided in
different ways that have different production functions relating contributions to benefits.
Introductory overviews of these issues may be found in the cited references.

KEY TAKEAWAYS

Public goods are commodities or services that benefit all members of society, and which are
often provided for free through public taxation.

Public goods are the opposite of private goods, which are inherently scarce and are paid for
separately by individuals.

Societies will disagree about which goods should be considered public goods; these differences
are often reflected in nations’ government spending priorities.

There are two main criteria that distinguish a public good are that it must be non-rivalrous and
non-excludable. Non-rivalrous means that the goods do not dwindle in supply as more people
consume them; non-excludability means that the good is available to all citizens.
An important issue that is related to public goods is referred to as the free-rider problem. Since
public goods are made available to all people–regardless of whether each person individually
pays for them–it is possible for some members of society to use the good despite refusing to pay
for it. People who do not pay taxes, for example, are essentially taking a "free ride" on revenues
provided by those who do pay them, as do turnstile jumpers on a subway system.

Private Goods vs. Public Goods

The opposite of a public good is a private good, which is both excludable and rivalrous. These
goods can only be used by one person at a time—for example, a wedding ring. In some cases,
they may even be destroyed in the act of using them, such as when a slice of pizza is eaten.
Private goods generally cost money, and this amount pays for their private use. Most of the
goods and services that we consume or make use of in our everyday lives are private goods.
Although they are not subject to the free-rider problem, they are also not available to everyone,
since not everyone can afford to purchase them.

In some cases, public goods are not fully non-rivalrous and non-excludable. For example, the
post office can be seen as a public good, since it is used by a large portion of the population and
is financed by taxpayers. However, unlike the air we breathe, using the post office does require
some nominal costs, such as paying for postage. Similarly, some goods are described as “quasi-
public” goods because, although they are made available to all, their value can diminish as more
people use them. For example, a country’s road system may be available to all its citizens, but
the value of those roads declines when they become congested during rush hour.

THE CONCEPT OF FREEDOM

Freedom refers to a state of independence where you can do what you like without any
restriction by anyone. Moreover, freedom can be called a state of mind where you have the right
and freedom of doing what you can think of. Also, you can feel freedom from within.

Value of Freedom

The real value of anything can only be understood by those who have earned it or who have
sacrificed their lives for it. Freedom also means liberalization from oppression. It also means the
freedom from racism, from harm, from the opposition, from discrimination and many more
things. Freedom also means giving equal opportunity to everyone for liberty and pursuit of
happiness.
Freedom does not mean that you violate others right; it does not mean that you disregard other
rights. Moreover, freedom means enchanting the beauty of nature and the environment around
us.

Types of freedom

 The Freedom of Speech

Freedom of speech is the most common and prominent right that every citizen enjoy. Also, it is
important because it is essential for the all-over development of the country.

Moreover, it gives way to open debates that help in the discussion of thought and ideas that are
essential for the growth of society.

Besides, this is the only right that links with all the other rights closely. More importantly, it is
essential to express one’s view of his/her view about society and other thing

 Right to Freedom

Freedom is a sacred and inalienable right that all human beings possess. It is the power to act
according to its will, while respecting the law and the rights of others.

What are the freedoms of persons?

Personal and collective liberties

• Personal liberties: They correspond to the liberties that all individuals possess. The most
fundamental personal freedoms are the freedom of speech, expression, movement, thought,
consciousness, religion and the right to a private life

• Collective liberties:

They correspond to liberties for groups of people: freedom of association, peaceful meeting,
collective labor and the right to strike.

 Freedom of opinion

Everyone have the right to have an opinion different from their others. While taking into account
their age, as well as their degree of maturity and discernment, children have the right to have
their opinion considered. States, communities and parents have the duty to listen to the children
and to consider their opinions when the decisions concern them.

 Freedom of expression
Everyone has the right to express freely their opinion on all the questions which concern his/her
life.

 Freedom of association

Everyone have the right to meet in order to consult and react on issues which directly concern
their rights and their well-being, but also on news headlines which interest them.

 Freedom of thought

The freedom of thought is the right for every person to determine freely, in its spirit, its
conceptions and its intellectual and spontaneous representations.

 Freedom of consciousness

The freedom of conscience is a freedom halfway between the liberties of thought, opinion and
the freedom of religion. This freedom, strictly connected to the ethical and philosophical
convictions of a person, is the assertion that all human beings have a consciousness and a reason.
So, all human beings are free to determine what will be the principles which will guide their
existence.

 Freedom of religion

The freedom of religion allows every person to have the religion or the conviction of their choice
and to practice it freely. It is the right not to undergo constraint and oppression which would
injure their freedom of religion or other rights

THE PUBLIC SERVICE

A public service is something such as health care, transport, or the removal of waste which is
organized by the government or an official body in order to benefit all the people in a particular
society or community.

The money is used by local authorities to pay for public services.

A public service or service of general (economic) interest is any service intended to address
specific needs pertaining to the aggregate members of a community. Public services are available
to people within a government jurisdiction as provided directly through public sector agencies or
via public financing to private businesses or voluntary organizations (or even as provided by
family households, though terminology may differ depending on context). Other public services
are undertaken on behalf of a government's residents or in the interest of its citizens. The term is
associated with a social consensus (usually expressed through democratic elections) that certain
services should be available to all, regardless of income, physical ability or mental acuity.
Examples of such services include the fire brigade, police, air force.
 ETHICS

Understanding Ethics

Derived from the Greek word “ethos”, which means “way of living”, ethics is a branch of
philosophy that is concerned with human conduct, more specifically the behavior of individuals
in society. Ethics examines the rational justification for our moral judgments; it studies what is
morally right or wrong, just or unjust.

It is a set of principles of right conduct, it can be termed a theory or a system of moral values.

Ethics can also be seen as a system or set of moral principles, the rules of conduct governing a
particular class of human action.

Ethics are also moral beliefs and rules about right and wrong or it is a study of questions of what
is morally right or wrong .

Ethics has to do with character, manner, behavior and morals. It is a set of beliefs which controls
behavior based on moral, in other words, it is the science of morals. It regulates behavior and
fosters relationship amongst fellow members. Ethics addresses issues such as how people should
work properly for maximum output

Every profession should have a code of ethics that governs the behavior of its members that is
how interaction between one another in the profession and the public is managed

Ethics can be applied in fields like journalism, law, accounting etc.

Reasons for studying ethics

1. Our ethics are continually changing – such changes are always disturbing and disruptive. The
study of ethics enables us to understand the nature of these changes and discern the stable basis
of the values that underlie them

2. We live in an ethically pluralistic society in which there is no single code ethics but many
different values and rules. Studying these differences in societal values can help prevent
situations that can lead to people stepping on the values of others.
3. Our ethics involves choice. It is important to study ethics in order to understand the different
values/ways of life in the society so as to better select which values to go with.

4. Ethical values are always in conflict.

5. The study of ethics helps students to accept and to better socialize with their mates from
different cultural backgrounds.

6. Studying ethics can help students lead a better life on campus and in their various
communities.

Sources or origin of ethics

In Western Philosophy there are generally three views as to the origin of ethics;

1. The Devine Command Theory of Ethics. It contends that ethics originate from God
and that which God commands is good and ethical.
2. The Theory of Forms. Put forward by plato that there is an independent form outside
God which is the absolute standard of morality and ethics
3. The Relativism Theory. This theory holds that all knowledge is relative to the
individual, in this there cannot be absolute morality. All ethics are relative to
circumstances, people and cultures. This view is problematic because taking to its logical
conclusion, there is no such thing as ethics

General and Professional Ethics

General ethics is a branch of philosophy that deals with the concept of values. It relates to the
field of Philosophy and moral ethics. It is concerned with resolving controversial questions of
human morality. It defines the concept of good, evil, right and wrong. General ethics
concerns moral principles which are applied to everyone everywhere. It is contrasted with
more limited or special or applied ethics that are relevant to particular to particular areas, like
medical and journalism ethics. The latter don’t conflict with the former, but are more
particular applications of the fundamental general principles. Professional ethics refers to
principles and criteria that regulates the actions of a professional; however there are several
types of professional ethics, each of which is related to a profession. The following are the
most relevant ones.

- Legal ethics. It has as its main characteristics professional secrecy and refers to the
practice of law.
- Moral ethics. It regulates the actions to be followed in a conflict between the morals of a
health professional and his or her professional duty
- Engineering ethics. Refers to placing the best interest of communities above personal
desires
 - Teaching ethics. As a guidance counselor and role model for children and young people,
this professional observe the best of conduct
- Administrator ethics. Loyalty, honesty and legality, among others are basic aspects of
this professional
- Ethics of the psychologist. Respect for the individual, confidentiality, honesty and
responsibility are the most important aspects of this professional

Differences between general and professional ethics

We can explain the difference between ethics in general and professional ethics in terms of
four distinctions;

1. Need. The need for ethics in the professions (law, medicine, accounting etc) is grounded
in the knowledge of asymmetry between the professional and their clients which puts the
clients in jeopardy if professionals don’t behave ethically and the fact that professionals
generally enjoy some sort of legal monopoly in the field of practice (e.g only lawyers are
allowed to offer legal advice) which means that clients cannot often go to somewhere else
when treated badly.
2. Source. Ethics in general is (for practical purposes) determined by society as a whole,
through a complex interaction between tradition and sophisticated argumentation by
opinion leaders. Professional ethics includes a set of rules decided upon very
intentionally by a subset of members of the profession (people working for or with the
licensing organizations) and written down into a professional code.
3. Content. Obviously the scope of ‘ethics in general’ is enormously broad, covering
literally everything about which we generally have opinions of right and wrong.
Professional ethics tends to focused on what the professional owes to society, to clients
and to fellow professionals. Also, professional ethics is in many ways more demanding
than general ethics. Professional are generally required to put the good of society and of
their clients/patients, above their own well being. In terms of general ethics, we typically
think that sort of behavior is heroic, rather than being required
4. Consequences. The consequences of unethical behavior for most people are that other
people will think less of you or perhaps refuse to be your friend or do business with you.
The consequences of unethical behavior by a professional can include suspension or loss
of their license to practice such a profession

RELATIONSHIP BETWEEN MORALITY, LAW AND ETHICS

Although all three seems alike, there are sometimes totally different. The goal of all is aimed at
building a peaceful society.
Morality.

Simply put, it is the notion or theory of right and wrong. It directs the standards put in place to
direct and control moral behavior. Morality consist of ideal situation

In most communities, these set of rules are considered standard even if they are not duely
obeyed. It is by this standard that our speech, behavior and actions are being evaluated as either
good or bad

Law

These are the rules and regulations which are passed by a higher authority to govern a
community which is backed by sanctions. It is one of the ways by which the conflicting interests
of members in the society are handled or channeled so as to ensure a peaceful community.
Several types of laws exist, we have the devine law which is a law believed to come from a
supernatural being and also the natural law which also comes from the devine law

Ethics

This exist in three dimensions, there are ethics which is simply the notion of right and wrong
behavior. It is the basic morality for all members in the society. There also ethics which is a
discipline or a science of morality which is also a branch of philosophy. There is also ethics
which is also a catalogue of decently acceptable rules or principles of which members of a given
group, organization or a profession must abide to. It is from this last part of ethics that
professional ethics comes from.

 Law is similar to ethics in that both can trace their origin from a Devine theory or form
 They point out clear cut behavior which applies to a group of persons

They however differ in that laws can be bad (national laws), while ethics can never be bad

 Ethics starts from where law ends

Ethics on the other hand is closer to morality given that part of ethics constitute a great manner
of what is considered ordinary morality

CODE OF ETHICS

It is a set of guidelines issued by an organization to its workers and management to help them to
conduct their actions in accordance with its primary values and ethical standards. It can be
termed as a guide of principles designed to help professionals to conduct business honestly and
with integrity. A code of ethics document may outline the mission and values of the organization
on how professionals are supposed to approach problems, the ethical principle based on the
organizations core values and standards to which the professional will be held.
PRINCIPLES OR CANON OF ETHICS

1. Confidentiality

A member shall not disclose or use any confidential information acquired as a result of his
professional or business relationship without proper or specific authority or except it’s a
mandatory disclosure ( where the disclosure is compelled by law)

2. Independence

It requires independence of the mind that permits the provision of an option without being
affected by influences that compromise professional judgment, allowing allowing an individual
to act with intergrity and exercise objectivity and professional independence. A true
professional must be ready to work independently without being influenced negatively. Like an
independent thinker a true professional can listen to others, but makes his decisions without
allowing his external circumstances to make him do what is not inline with his professional
ethics

3. Impartiality.

This is the ability of acting with fairness and without any bias with members of a given
profession and with the public. A true professional can never be bias especially based on ethnic
affirmity. He acts neutrally and can easily resolve conflicts

4. Honesty

A true professional is honest. He/she is man of integrity. The person means what he says and
what he means. He keeps his promises and he is loyal to his family, organization and country. A
true professional cannot have a double life especially between the public and the private.

5. Competence

A true professional should exhibits a high sense and level of proficiency in his or her field. He or
she is more or less an authority in the field. He also knows his strength and limit in the field and
will not refuse asking for help if he needs it. A true professional cannot accept a job he knows he
cannot do it.
 DEONTOLOGY

DEFINITION.

Deontology (deontological ethics) is an approach to ethics that focuses on the rightness or

wrongness of actions themselves as opposed to rightness or wrongness as to the consequences of
the actions (consequentialism) or to the character and habits of the actor(virtue ethics).

Thus to deontologists, whether a situation is good or bad depends on whether the actions that
brought it was right or wrong. What makes a choice right is in conformity with the moral norms.
Right takes priority over good. A consequentialist would argue that the final state of affairs
justifies their drastic actions. A virtue ethicist would concern himself whether but would look at
whether the perpetrator acted in accordance with worthy virtues.

Deontology may sometimes be consistent with moral absolutism (the believe that some actions
are wrong no matter what consequences follow from them), but not necessarily. For instance it is
argued that it is always wrong to lie, even if a murderer is asking for the location of a potential
victim. But others hold that the consequences of an action such as lying may sometimes make
lying the right thing to do (moral relativism)

It is sometimes described as ‘’duty based’’ or ‘’obligation based’’ ethics because deontologist

believe that ethical rules bind people to their duty. The term ‘deontology’ is derived from the
Greek word deon meaning ‘obligation’ or ‘duty’, and logos meaning ‘speaking’ or ‘study’ and
was used this way in 1903 in the book ‘Five Types of Ethical Theory’. Simply put deontology is
the science that deals with duty or ‘the science of duty’. It seeks to accomplish moral duties and
obligations and try to strike a compromise when there is a conflict in duty or obligation

Criticisms of deontology

 It forbids some acts that maximize overall welfare

 Some writers criticize it that it is essentially a dressed – up version of popular morality
and that the objectives and unchanging principles that deontologist attribute to natural
law are just a matter of subjective opinion
 Deontologists usually fail to specify which principles should take priority when rights
and duties conflict, so that deontology cannot offer complete moral guidance

Types of deontology

1. Devine Command Theory

It is a form of deontological theory which states that an action is right if God has decreed that it
is right and that act is obligatory if and only if it is commanded by God.
 2. Natural Right Theory

This Theory holds that humans have absolute natural rights (in the sense of universal rights that
are inherent in the nature of ethics and not contingent on human actions or beliefs). The concept
originates from natural justice or rights from Socrates, Plato and Aristotle. The development of
this tradition of natural justice into one of natural law is usually attributed to what we now refer
to as human rights

3. Contractarian Ethics (or the moral theory of contractarianism).

This theory holds that moral norms derive their normative force from the idea of contract or
mutual agreement. It holds that moral acts are those that we would all agreed to if we were
unbiased and that moral rules themselves are a sort of contract and therefore only people who
agree and understand the terms of the contract are bound by it. The theory stems from the
principle of social contract which holds that people give up some rights to the government and or
other authority in order to receive or jointly preserve social order.

4. Pluralistic Deontology

This refers to a description of deontological ethics which holds that there are several duties
which need to be taken into consideration when deciding which duty should be acted upon.

 Duty of beneficence ( to help other people increase their pleasure, improve their
character)
 Duty of non-malfeasance (to avoid harming other people)
 Duty of justice (to ensure people get what they deserve)
 Duty of self improvement (to improve our selves)
 Duty of reparation( to recompense someone if you have acted wrongly towards them)
 Duty of gratitude (to appreciate people who have benefitted you)
 Duty of Promise – Keeping ( to act according to the explicit and implicit promises,
including the implicit promise to tell the truth)

MORAL CONSCIOUSNESS AND MORAL FIGURES

Morality has to do with questions of what is right and what is wrong, what is good and what is
evil. Consciousness means knowledge. Therefore, moral consciousness is about knowledge of
right and wrong, of good and evil. Consciousness is having the experience or being aware of
something. It has been widely investigated in modern philosophy but there is no consensus on its
status. Conscience is another concept closely related to this investigation. Conscience has its
roots in Christian morality, especially the protestant one. It is the guide that supplies the
individual with ability to distinguish right and wrong from a Christian point of view. In this
sense, conscience is a theological concept. One may argue for a conception of moral
consciousness that is secular. Moral consciousness is the emergent ability of individuals that
develops in dialectic between the individual and their context, the social institutions of their
society. In the Hegelian tradition, there is a close connection between moral, social, and
historical development. It is a fundamental truth about human beings that they are temporal
beings and they also moral beings. But being a temporal is not identical to being historical. In
this investigation I inquire into moral and historical consciousness without committing myself to
a grand theory.

The Stanford Encyclopedia of philosophy provides a historical account of some important

developments in philosophical approaches to moral character. A lot of attention is given to Plato,
Aristotle and Karl Marx’s views, since they all follow the idea of moral character after the
Greeks. Marx accepts Aristotle’s insight that virtue and good character are based on a sense of
self esteem and self confidence

Plato believed that the soul is divided into three parts of desire: Rational, Appetitive or Spirited.
In order words to have moral character, we must understand what contributes to our overall good
and have our spirited and appetitive desires educated properly, so that they can agree with the
guidance provided by the rational part of the soul.

Aristotle tells us that there are good people in the world. These are those who exhibit
excellences- excellences of thought and excellences of character. His phrase for excellences of
character- ethikairetai- we usually translate as moral virtue or moral excellence. When we speak
of a moral virtue or an excellence of character, the emphasis is on the combination of qualities
that make an individual the sort of ethically admirable person that he is. Aristotle defines virtues
character at the beginning of Book II in Nicomachean Ethics: ‘ excellence of character, then is a
state concerned with choice, lying in a mean relative to us, this being determined by reason and
in a way in which the man of practical wisdom would determine it. Now it is a mean between
two vices that which depends on excess and that which depend on defects’. In Aristotle’s view,
good character is based on two naturally occurring psychological responses that most people
experience without difficulty; our tendency to take pleasure from self realizing activity and our
form friendly feelings towards others under specific circumstances. Based on this view, virtually
everyone is capable of becoming better and they are the ones responsible for actions that express
or could express their character.

Abraham Lincoln once said ‘’ character is like a tree and reputation like a shadow. The shadow
is what we think of it; the tree is the real thing ‘’

In 1919, Albert Einstein wrote in a letter to his friend, Dutch Physicist Hendrik Lorentz, about
his disillusionment concerning the inhumane consequences od World War I. He noted ‘’ We
must remember that, on average, men’s moral qualities do not greatly vary from country to
country’’
 PROFFESIONALISM

GENERAL CONSIDERATIONS:

It is essential to be a professional if you want to be a successful person. But what does

professionalism mean?

For some being a professional simply means dressing smartly to work or doing a good job. For
others being professional means having advanced degrees and certifications framed and hung on
the office wall. Professionalism encompasses all of these definitions but it also covers much
more

Definition of professionalism

The Merriam Webstar dictionary defines professionalism as ‘the conduct, aims or qualities that
characterizes or marks a professional person’. And it defines a profession as a ‘calling requiring
specialized knowledge and often long and intensive academic preparation’

These definitions implies that professionalism encompasses a number of different attributes and
together these attributes identify and define a professional

Attributes of a professional

1. Specialized knowledge

First and foremost, professional are known for their specialized knowledge. They have made a
deep personal commitment to develop and improve their skills and where appropriate they have
the degree and certifications that serve as a foundation of this knowledge

2. Competency

Professionals get the job done. They are reliable and they keep their promises. If circumstances
arise, they prevent them from delivering on their promises, they manage expectations upfront
and they do their best to make situations right. They don’t make excuses but focus on finding
solutions

3. Honesty and Intergrity.

Professionals keep their words and they can be trusted implicitly because of this. They never
compromise their value even it means taking the harder road

4. Humility

True professionals are humble. If a project or job falls outside their scope of expertise, they are
not afraid to admit this. They immediately ask for help when they need it and they are willing to
learn from others
 5. Accountability

Professionals hold themselves accountable for their thoughts, words and actions, especially when
they have made a mistake. This personal accountability is closely tied to honesty and integrity is
a vital element for professionalism

6. Self - regulation

Genuine professionals show respect for the people around them, no matter what their role or
situation is. They exihibit a high degree of emotional intelligence by considering the emotions
and records of others.

7. Image

They look at the fact that they do not show up for work sloppily dressed with unkempt hair. They
dressed appropriately. Because of this exude an air of confidence and as such attracts respect for
that.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

In order to enumerate and codify the content of human rights, the UN Economic and Social
Council (ECOSOC) established the 1946 Commission on Human Rights. The Commission —
whose members included such distinguished founders of the human rights movement as René
Cassin of France, Charles Malik of Lebanon, and Eleanor Roosevelt of the United States — was
tasked with preparing “a preliminary draft International Bill of Human Rights” that would define
the human rights and fundamental freedoms of all human beings.

Even at this early stage, the draft International Bill of Human Rights was controversial. Some
States wanted the draft to take the form of a declaration: a recommendation by the general
Assembly to UN Member States that would have moral and political — but no legal — force.
Others urged the Commission to prepare a draft convention: a legally binding document that
would be submitted to the States for ratification.

Ultimately, the Commission took the former path, and their UDHR was adopted by the UN
general Assembly on 10 December 1948, with 48 States voting in favour and eight abstaining. In
commemoration of this historic event, December 10 is celebrated as Human Rights Day.
It was in this landmark document that human rights were first codified at the global level. The
UDHR consists of a Preamble and 30 articles defining the human rights and fundamental
freedoms to which all people are entitled. It begins with the Statement that the “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” and that “the advent of a world in
which human beings shall enjoy freedom of speech and belief and freedom from fear and want
has been proclaimed as the highest aspiration of the common people”. It therefore calls on all
States to “promote respect for these rights and freedoms and by progressive measures, national
and international, to secure their universal and effective recognition and observance

The UDHR is classifiable as a “recommendation”, and therefore lacks legal enforceability

(although many argue that over time it has become, at least in part, enforceable as customary
international law). In fact, Professor Michael Ignatieff has pointed out that the parties to the
UDHR “never actually believed that it would constrain their behavior” since it “lacked any
enforcement mechanism,” such as a court that could impose penalties on violators.

Despite the fact that declarations by the UN general Assembly are non-binding, however, they
can have great moral and persuasive force. The UDHR established a common understanding of
the human rights and fundamental freedoms referred to in the UN Charter. In principle, it
signified that the relationship between States and individuals was no longer a matter of purely
domestic law, absolutely exempt by interference from third States or the institutions of the
international community. It represented a major break with the Westphalian system: from now
on, it would be hard for States to argue that the sovereign had the right to be “monstrous to his or
her subjects.

Human Rights in the UDHR

The UDHR contains two broad categories of rights: • Civil and political rights; and • Economic,
social, and cultural rights.

Civil and political rights are rights that protect the personal freedoms and civil liberties of
individuals. Most of these are so-called negative rights: rights that prevent a government from
interfering with individual freedoms (as opposed to requiring a government to do something to
fulfil human rights). In other words, negative rights are the right to freedom from something.
Civil and political rights were the first set of rights to be protected within the State, and have
become a standard part of national constitutions under the classical liberal model. For this
reason, they are also sometimes known as first-generation rights. The civil and political rights
recognized in the UDHR are contained in Articles 3 through 20. They include:

• The right to life, liberty, and security of person;

• The right to freedom from slavery;

• The right to freedom from torture and cruel, inhuman, or degrading treatment;

• The right not to be subjected to arbitrary arrest, detention, or exile;

• The right to a fair trial by a competent tribunal, presumption of innocence, and freedom from
the application of ex post facto laws;

• The right to privacy;

• The right to own property;

• The right to freedom of speech, religion, and assembly; and

• The right to freedom of movement.

Economic, social, and cultural rights are rights that protect the socio-economic dignity of
persons. Many of these rights are so-called positive rights: rights that require a government to do
something to fulfill them (as opposed to preventing a government from interfering with them). In
other words, positive rights are a right to something. Economic, social, and cultural rights
appeared much later than civil and political rights, and are largely a creation of the twentieth
century. For this reason, they are sometimes known as second-generation rights. The economic,
social, and cultural rights recognized in the UDHR are contained in Articles 22 through 27. They
include:

• The right to social security, work, protection against unemployment, and equal pay;
• The right to rest and leisure;

• The right to an adequate living standard;

• The right to education; and

• The right to participate in the cultural life of the community.

The split between civil and political rights and economic, social, and cultural rights was in part a
result of a similar split within the United Nations itself. During the period after the Second
World War and for several decades to come, the UN was divided between a group of Western
States on the one hand and socialist States on the other. The Western States were keen to restrict
the rights contained in the UDHR to the types of civil and political rights that had been codified
in their national constitutions over the past century. The socialist States, by contrast, favoured the
inclusion of economic, social, and cultural rights in the text of the declaration. In order to
conclude the drafting phase with the support of both political camps, the UDHR had to be a
compromise between the two positions and thus included some aspects of both sets of
protections.

The divisions between negative and positive rights, and between first-, second-, and the
emerging third generation rights (which we will encounter in later lessons), are quite
controversial and many people object strongly to dividing up rights into these categories. While
these distinctions can be useful tools when thinking about human rights, it is important to
remember that they are rough and imprecise, and leave out many subtleties. Relying too heavily
on such categories can therefore be misleading.

For example, with respect to the distinction between negative rights and positive rights, it is not
entirely true that negative rights require that a government refrain from acting, while positive
rights require a government to act. In order for the government to respect and uphold the human
right “to own property”, for instance, it must not only refrain from preventing individuals from
holding property, but also establish a complicated system of law that defines rights and
ownership as well as a system of enforcement that polices and protects the property rights of
citizens.
Similarly, a number of scholars and activists criticize the distinction between first-, second-, and
third-generation rights because it unfairly implies a hierarchy of rights. These critics worry that
the distinction creates the impression that civil and political rights are somehow more important,
or must come prior to, economic, social, and cultural rights. These issues are important, and we
will return to them in later lessons.

The rights set out in the UDHR are not absolute. Article 29(2) permits States to limit the rights of
citizens “for the purpose of securing due recognition and respect for the rights and freedoms of
others and of meeting the just requirements of morality, public order and the general welfare in a
democratic society”. However, the government is constrained in its ability to impose limitations
on rights by Article 30, which States that “nothing in this Declaration may be interpreted as
implying for any State, group or person any right to engage in any activity or to perform any act
aimed at the destruction of any of the rights and freedoms” proclaimed in the declaration. In
other words, a government may limit the rights it affords to its citizens, but only for the reasons
stated, and when the limitation is not merely a pretext for the denial of rights.

4.4. The International Bill of Human Rights

The UDHR was drafted as “a common standard of achievement for all peoples and nations,” and
set out the basic civil, political, economic, social, and cultural rights that all people enjoy. As we
learned in Lesson 1 however, at the time of its adoption the UDHR was a resolution with great
moral standing, but no binding legal enforceability. In order to give human rights legal force
under international law and “make human rights an instrument effectively shaping the lives of
individuals and nations, more than just a political proclamation was needed”, it would now be
necessary to translate the UDHR into “the hard legal form of an international treaty” under
which States could be held accountable for violations of individual rights.

The Commission on Human Rights began the work of developing a legally binding treaty shortly
after the adoption of the UDHR in 1948. Its work continued until 1966, when the UN Member
States finally adopted the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR). These two treaties
transformed the human rights provisions of the UDHR into legally binding obligations and
together with the UDHR make up what is sometimes called the International Bill of Human
Rights.

Together, the three documents that make up the International Bill of Human Rights form the
cornerstone of an elaborate structure of international human rights agreements covering a broad
range of issues. These treaties define and give content to the human rights and fundamental
freedoms held by all people, and set basic standards for protecting human dignity. They have
inspired and served as the background for all subsequent international and regional human rights
treaties, conventions, declarations, rules, and principles.

In addition to the UDHR, ICCPR, and ICESCR, there are six other so-called “core” United
Nations human rights treaties:

• The International Convention on the Elimination of All Forms of Racial Discrimination

(CERD) (1965);

• The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
(1979);

• The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT) (1984);

• The Convention on the Rights of the Child (CRC) (1989);

• The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (ICRMW) (1990);

• The Convention on the Rights of Persons with Disabilities (CRPD) (2006).

We will discuss these other six agreements in our lessons on the rights of vulnerable groups and
the protection of human rights during armed conflict.

Before we examine these documents, it is important to deal with a preliminary issue: why are
human rights divided up among multiple human rights treaties? Would it not have been easier to
put them all into one single document? Doesn’t this contradict what we learned in Chapter 1
about the indivisibility of human rights? These and many more shall be answered in the next
chapter.