Paper long abstract:

We begin the introduction by defining key concepts – ‘human rights’, and “Yoruba” we then proceed to put the discussion within the framework of international human rights jurisprudence by briefly tracing its evolution.

International Human Rights Jurisprudence has come to terms (3) with the reality of an ‘African Jurisprudence’ of human rights. Despite the University of the notion of human rights, culture, religion and social realities of the African people has thrown up

its peculiar interpretations and application of these universal notions.

This study of Yoruba jurisprudence of human rights is a case – study in African jurisprudence of rights.

The work is divided into four sections (excluding the introduction and conclusion).

The introduction also briefly traces the evolution of human rights in its contemporary manifestation – the European medieval absolutism giving way to the age of enlightenment and the emergence of liberal government based on the separation of powers, the rule of law and constitutionalism.

The challenges to individual liberty in the Nazi era catapulted human rights into an international concern leading to multilateral treaties on human rights – the Universal Declaration on Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPRS) and several others on group rights – women, children, minorities, refugees disabled persons etc.

Due to the existence of peculiar regional human rights concerns and sensitivity to cultural differences, regional treaties on human rights began to feature – the European, (South) American, African, Arab and Asian Conventions/Charters all came into being in the decades following the Universal Declaration. The African Charter, applicable in Africa attracts a larger portion of air interest and consequently forms the basis of our analysis.

The introduction ends with a consideration of the sources of Yoruba jurisprudence of rights – proverbs, Oriki; ethnographic studies, Ifa corpus, traditional festivals, ritual practices, etc.

It has become customary to divide human rights into five “generations” of rights – civil and political rights; economic; social and cultural (ecosoc); rights the right to development, the right to a sustainable environment and the right to democracy/good governance. We have broadly adopted this classification in our outline, with some slight modifications.

Section One deals with a consideration of civil and political rights – the rights to life, human dignity, liberty fair hearing, privacy, association, religion etc.

In addition, we have included discussion of the right to democracy and good governance, which has gained its separate recognition as a fifth generation rights but which essentially is interconnected with civil and political rights. Our analysis of all these issues is done against the background of paralleled ideas in Yoruba jurisprudence.

Section Two is concerned with the second-generation economic, social and cultural rights the rights to work; education; health and culture and how these issues are tackled in Yoruba philosophy.

In Section Three, we examine the international environmental rights regime animal and plant life exploitation of the earth’s resources and its effects on the environment against the background of Yoruba traditional precepts.

In Section Four, we discuss group rights, specifically the rights of children, women disabled/sick persons and ethnic minorities. The prospects for Yoruba self-determination as a distinct nation are considered, against the backdrop of relevant Yoruba legal philosophy and international human rights law.

Our Conclusion posits the existence of an articulate philosophy of the Yoruba on all aspects of human rights. Such philosophy rather than being outdated or irrelevant is a vital force which continues to resonate with modern ideas in such significant respects that universality is achieved.