THE INFLUENCE OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS IN TANZANIA

AN ASSESSMENT THROUGH JUDICIAL INTERPRETATION ON FUNDAMENTAL RIGHTS AND FREEDOMS.

Authors

  • Mr. FAHAMU MTULYA

Keywords:

Universal Declaration of Human Rights, Influence, Judicial Interpretation, Tanzania

Abstract

The article assesses the influence of the Universal Declaration of Human Rights in Tanzania through judicial interpretation on fundamental rights and freedoms. It begins by revisiting the Universal Declaration of Human Rights and its elaboration, including nature and influence on human rights and freedoms. It proceeds with comparing the Declaration and the Constitution of the United Republic of Tanzania. The article finally attempts to show judicial influence of the Declaration through judicial interpretation. It is submitted that the Declaration embodies aspirational goals and cardinal provisions that are recognized and applied in Tanzania. The Declaration serves as a legitimizing power of the judiciary in interpreting human rights and freedoms. The article concludes that there has been back-forth movements in recognizing and applying the Declaration, though it sets a benchmark and a beacon upon which states may treat its citizens in protecting and promoting human rights and freedoms.

Author Biography

Mr. FAHAMU MTULYA

Lecturer, Institute of Judicial Administration, Lushoto, and an Advocate of the High Court of Tanzania and Courts Subordinate thereto save for the Primary Court.

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Published

2024-02-13

How to Cite

MTULYA, F. (2024). THE INFLUENCE OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS IN TANZANIA: AN ASSESSMENT THROUGH JUDICIAL INTERPRETATION ON FUNDAMENTAL RIGHTS AND FREEDOMS. The Law School of Tanzania Journal, 1(1), 81–100. Retrieved from https://lstjournal.lst.ac.tz/index.php/files/article/view/23