DID YOU KNOW STATE CAN BE SUED FOR VIOLATING BASIC HUMAN RIGHTS?

from: joachim omolo ouko
News Dispatch with Father Omolo Beste
TUESDAY, FEBRUARY 11, 2014

Susan from Kibwezi, Machakos Diocese writes: “Dear Fr Omolo I read your homily on fifth Sunday in ordinary time with keen interest. I was particularly moved by the way you analyzed the first reading from Isaiah 58: 7-10 how he called on people of God to share bread with the hungry, shelter the oppressed and the homeless; clothe the naked when you see them, and do not turn your back on your own.

Today in our societies there are people who are marginalized and denied access to basic human rights needs, especially by politicians. For example, here in Kenya politicians are instead using people to vote for them to acquire power and not that they are interested in their welfare and needs.

My second concern Father is that as Catholics we seem to be slow in talking of these evils openly and condemn them like other denominations like NCCK. Where are our catholic bishops, why are they not speaking on matters of social issues?”

Thank you for your concern Susan. In fact you are absolutely right that here in Kenya the system of using other ethnic communities to combine with yours in order to ascend to power is not only wrong but immoral. That is why I am always against the coalition system of power.

That is why leaders who are elected through such systems do not mind whether some people are marginalized, have no food, water, shelter, healthcare, among other basic human needs. Some Member of Parliamentarians cannot cater for the needs of his/ her electorates because he bought them.

Basic needs of humans are things we cannot do without in our daily life including healthcare. The human right to health means that everyone has the right to the highest attainable standard of physical and mental health, which includes access to all medical services, sanitation, adequate food, decent housing, healthy working conditions, and a clean environment.

Government in place can be sued if these rights are violated. For example Turkana and Pokot could sue the government of Kenya for not supplying them with food. Currently there is severe hunger and droughts in these communities to the extent that they opt for eating dogs.

No poor Kenyan can be chased away from public hospitals and dispensaries because they did not have Ksh 100 buying registration card, or turned away because of lack of money for medicines.

This is because the human right to health guarantees a system of health protection for all. These are taxpayers and as such they own public health facilities. That is why healthcare must be provided as a public good for all, financed publicly and equitably.

The human right to health care also means that hospitals, clinics, medicines, and doctors’ services must be accessible, available, acceptable, and of good quality for everyone, on an equitable basis, where and when needed.

On the other hand, the right to an adequate standard of living requires, at a minimum, that everyone shall enjoy the necessary subsistence rights: adequate food and nutrition, clothing, housing and the necessary conditions of care when required.

It is the responsibility of the Government of Kenya to establish a range of protective measures to prevent contamination of foodstuffs through adulteration and/or through bad environmental hygiene or inappropriate handling at different stages throughout the food chain; care must also be taken to identify and avoid or destroy naturally occurring toxins.

Again, for housing to be considered adequate, it must be habitable. Inhabitants must be ensured adequate space and protection against the cold, damp, heat, rain, wind or other threats to health, or structural hazards. That is why Government of Kenya must include in its program to upgrade slums to good human standard.

Housing must also be accessible to everyone, especially to the disadvantaged groups such as the elderly, the physically and mentally disabled, victims of natural disasters, children and other disadvantaged groups.

The right to water and the right to an adequate standard of living are intrinsically linked. Enjoyment of the right to water is an essential component of the fulfilment of the right to an adequate standard of living (food and housing) and the right to health. Without equitable access to clean water, these other rights are not attainable.

Your second question is interesting. I don’t think Catholic bishops are silence on social issues. They have always issued pastoral letters on matters of social issues in accordance to the Catholic social teaching, the body of doctrine developed by the Catholic Church on matters of poverty and wealth, economic, social organization and the role of the state.

Its foundations are widely considered to have been laid by Pope Leo XIII’s 1891 encyclical letter Rerum Novarum, which advocated economic distribution and condemned bothe capitalism and socialism, although its roots can be traced to the writings of Catholic thinkers such as St. Thomas Aquinas and St. Augustine of Hippo, and is also derived from concepts present in the Bible.

Pope Benedict XVI’s 2009 Encyclical Caritas in Veritate has also added many additional perspectives to the Social Teaching tradition, including in particular relationships with the concepts of Charity and Truth, and introduced the idea of the need for a strong “World Political Authority” to deal with humanity’s most pressing challenges and problems.

In Caritas in Veritate, the Catholic Church declared that “Charity is at the heart of the Church”. Every responsibility and every commitment spelt out by that doctrine is derived from charity which, according to the teaching of Jesus, is the synthesis of the entire Law (Matthew 22:36-40).

This is also in accordance to Pope Francis’ 2014 Lenten message on charity to help the poor and needy people in our communities. It gives real substance to the personal relationship with God and with neighbour; it is the principle not only of micro-relationships but with friends, family members or within small groups.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com

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