Corruption is the fraudulent or dishonest demeanor of the officials, service providers or those in power, characteristically involving bribery. Corruption violates human rights because people are coerced to pay for services that ought to be given for free. In other instances, citizens are forced to pay an extra price for a service whose charge is publicly known. Although some texts refer to breaches of fundamental human rights as “undermining or negative impact on the enjoyment of human rights,” they are closely related in the context of the application (Peters 2015, p12). This essay seeks to establish how corruption leads to breach of fundamental human rights of citizens and determine which rights in particular are mostly risky due to corruption.
Bribery has a devastating and grave consequences on the enjoyment of human rights. According to Peters (2015), the South African Constitutional Court held that maladministration and corruption are inconsistent with the fundamental values of the constitution and rule of law. Further, it held that corruption undermines the commitment of the constitution to human dignity, advancement of human rights and freedoms, and achievement of equality. The same text emphasizes that systematic corruption is an outright violation of human rights as per the Supreme Court of India’s judgment in 2012. Therefore, violation of human rights and government irresponsibility are intertwined.
From the texts referred to above, it is clear that corruption leads to the violation of fundamental human rights. In practice, social rights are mostly affected human rights by corruption. For instance, whereas every citizen is entitled to the highest attainable standards of health, corruption in the health sector violates such rights. Classical liberal human rights are also weakened by corruption. Peters (2015) exemplifies this through a case where guards demand a bribe from prisoners to get better food or a blanket. As such liberal rights of a prisoner to humane conditions of detention are affected.
Further, in most circumstances, corruption violates International Covenant on Economic, Social and Cultural Rights (ICESCR). On the other hand, corruption in policing and judicial systems and processes violate human rights under the International Covenant on Civil and Political Rights (ICCPR) as alluded to by Peters (2018). For instance, the state is obliged by the CESCR “to take deliberate, concrete, and targeted steps” to eliminate obstacles that hinder the actualization of economic, social, and cultural rights (Peter, 2015, P17). Obstacles that hamper the realization of the above-mentioned rights constitute corruption. As such, according to Peters (2015), the States are obliged by ICESCR to adopt anti-corruption measures to reduce or avoid breaching fundamental human rights.
Grand corruption is also evident in government budgeting and appropriation of resources. Corruption leads to direct misappropriation of state resources, excessive ‘white elephants’ or infrastructural projects as well as exaggerated military equipment prices and purchases. In the construction of buildings, airports, and roads, inferior and substandard quality is eminent and public funds are embezzled (Peters, 2018). The development resources are in most cases diverted by the government employees in charge of procurement. As such, the resources intended to boost social development including human rights are reduced and consequently violate the fundamental rights of the citizens.
Government institutions ought to conduct themselves in a manner that is consistent with the rule of law and constitution. There are a few cases where State apparatus or individuals perpetrate corruption and lead to violation of human rights. Peter gives an example of a court official who solicits and receives a certain sum of money to call a eyewitness (Peters, 2018). It is legally binding for a court to call upon eyewitnesses in a case if it’s satisfied that the mentioned individuals may adduce evidence to help in the determination of the matter and give every citizen the right to a fair trial.
Another vivid illustration of corruption leading to the breach of fundamental human rights is where employees of an environmental supervisory authority are paid a bribe to overlook the creation of an illegal unauthorized waste dump (Peters, 2015, p19). Toxic waste dumps in residential areas cause adverse health effects on the local citizens. The public health or environmental officer who takes bribes to tolerate toxic waste dumps violates human rights. The fundamental rights of citizens are violated in the sense of their respect for physical integrity and private life (Peters, 2018). Every citizen is entitled to enjoy a clean and conducive environment devoid of toxins. The environmental officers must ensure that this is upheld and every citizen dwells in such residence. Receipt of bribes by the said officers results in diminished enjoyment of fundamental rights to citizens.
In conclusion, it is established that corruption leads to a breach of the fundamental human rights of citizens in various ways. Corruption results in violation of human rights through embezzlement of public resources intended to provide social incentives to the society and provision of poor quality infrastructure. Also, human rights are violated due to failure by the government to take necessary steps to adopt measures geared towards achieving economic, social and cultural rights, among others. Social and classical liberal rights are fundamental human rights most risky due to corruption. Therefore, public office holders have a role to play in either perpetrating social injustices or complying with human rights by shunning away the vice of corruption.
References
Peters, A. (2015). Corruption and human rights.Basel Institute on Governance Working Paper, (20). Web.
Peters, A. (2018). Corruption as a violation of international human rights. European Journal of International Law, 29(4), 1251-1287. Web.