Name : HMANSHU RUHELLA

Roll no : 375

Q1. What are the objectives of Human Rights Education? Discuss the
models used to achieve these objectives.
Objectives of Human Rights Education
 Human Rights Education promotes respect for human rights of all individuals
 It develops the knowledge, skills, and values of human rights. It develops the socio-psychological,
human personality.
 It helps people and policy makers to evolve the ways and means to overcome the problems of
each nation and that of the International Community.
 It helps to foster understanding, tolerance, gender equality and
 Develops friendship among all nations and eliminates racial, ethnic, religious, and linguistic
differences.

A number of models are developed to impart the above values of human rights education. Among the
various models, the following three considered as the vital ones, to achieve the aims and objectives of
human rights.

1. Values and Awareness Model: This model focuses on transmitting basic knowledge of human rights
and to foster the integration into public values through a curriculum of educational institutions.

2. Accountability Model: This model focuses on the ways in which professional responsibilities to
inculcate directly monitoring human rights violations and advocating the authorities to protect the rights
of the people.

3. Transformational Model: This model aims to empower the individuals in order to recognize the
abuses of human rights and their prevention.

These being the core concepts of human rights education, the UN have framed guidelines to propagate
human rights through various methods and means both in the International and the National levels.

Q2. Enlist and discuss different types of rights.

Rights may be broadly defined as

1) Natural Rights;

2) Legal Rights;

3) Claim rights;

4) Liberty Rights;

5) Positive Rights;

6) Negative Rights;

7) Individual Rights

8) Group Rights.

Natural Rights: A natural right is nothing but, rights based on just, fair and reasonable. This means, the
individuals unite themselves to form political societies through mutual consent, and agree to form a
government of their own. It will enable them to lead their life through common rules and regulations
framed by either them or their representatives. At the same time, they accept a set of legal and moral
duties to be observed or bound by them in the exercise of their rights in order to live in peace and
security without any violence.

Legal Rights: Legal Rights means, rights that are guaranteed to citizens of a country by law to enjoy
certain freedoms without any fear or favour. Legal rights also referred to as statutory rights, bestowed
by a particular government to the governed and are relative to specific cultures and governments. These
rights are enumerated or codified into legal statutes by a legislative body. These rights may differ from
country to country depending upon the constitution and culture that they adopted. Nevertheless, at the
same time legal rights impose an obligation on other people not to exceed the prescribed limits of law.

Claim Rights and Liberty Rights: Claim rights means, the rights that impose an obligation on another
person to respect the right of the other person. Liberty rights means, rights that are to be exercised at
free will by the holder of rights, without any obligation on another person in exercise of his/her right.
For example, a person has liberty to speak freely as he likes, is a liberty right. But at the same time, if it
affects the rights or hurts the reputation of another person, then it turns into a claim right.

Positive And Negative Rights: Examples for Positive Rights: These rights normally impose duty either on
the state or on society or a group of individuals in satisfying the claims of owners of rights, (for example)
Right to Education, Right to Health, Social Security etc. In the Indian context these are described as the
Directive Principles of State Policy under the Constitution of India. It is not easy to achieve this category
of rights as they depend on various factors including the resources. These rights are referred as
Economic, Social and Cultural rights in the language of human rights. Negative Rights Examples: The
rights normally impose a duty on every individual as a moral and legal obligation to refrain from causing
injury to the exercise of the right of other person. Right to freedom of speech and expression, right to
life and liberty, right to equality, right to property, right to be heard right to speedy trial and justice,
right to worship, freedom of religion, right to legal remedy etc. are referred to as Civil and Political
Rights in the UDHR.

Individual and Group Rights: Individual rights mean the rights that belong to an individual alone. These
rights are mainly political, economic, or legal in nature. These rights can be exercisable by individuals to
enjoy their life and liberty without any interference of anybody including the state. However, the
individual rights have positive and negative elements. Positive element obligates a person to discharge
the right according to law. The negative element prohibits any act that is not permitted by law. Group
Rights means rights that are enjoyed by a group and as well as individually. For example, the rights of
disabled persons are considered as group rights. They promote the rights of the disabled as a group. At
the same time, an individual disabled person also could claim the rights independently of the group.

Universal Rights: Universal rights means rights that every individual would able to exercise their
freedoms irrespective of their country of origin, residence freely without any interference by the state
or any other person subject to legal limitations. These rights promote the dignity and the worth of an
individual at all times. Hence, they impose obligations on every state to protect and promote the dignity
and the freedom of individuals without any discrimination as to race, sex, language, or religion.

Q3. Give a brief introduction of at least five different terminologies

used in legal instrument.
1. Treaty: The term treaty had no exact definition until 1969. In 1969, to develop the legal
principles and to state the binding nature of legal instruments, a convention was adopted
namely, Vienna Convention on the Law of Treaties, 1969. According to the Convention, a treaty
is an international agreement entered between states in a written form, regulated by the
principles of international law whatever may be title of such agreement. The principles of an
instrument may be stated in a single document or may spread into two or more documents. In
case if they are spread into more than one, all the documents and principles to be read together
for the binding nature of an instrument or treaty.

2. Bilateral Treaties: Bilateral treaty means any agreement entered between two nations
confining to the matters relating to them with specific interest between them. (For example
India entered a treaty with USA for the supply of Nuclear energy is a bilateral treaty). These
treaties will come into force without ratification and reservations. These treaties will be in force,
till the time the agreement achieves its objects. Once the purpose of the agreement is over, the
agreement will be terminated by a notification.
 3. Multilateral Treaty: Multilateral treaty means an agreement entered by majority of states to
establish new principles of international law or codify to accept existing customary norms to
regulate their multifarious activities. These treaties are similar to that of legislation of a country.
These treaties will bring in uniform rules to regulate the relations of states. Since the beginning
of nineteenth century till now, remarkable numbers of multilateral agreements have been
entered by the states. In general, multilateral treaties are referred to as conventions or
covenants. These treaties impose an obligation on states after the completion of technical
formalities of signing, ratification, to give affect by passing appropriate legislation in the country.

4. Convention and Covenant: A Convention or Covenant is a multilateral agreement entered by

States to bring in new norms or to settle existing conflicting norms of international law. A
Convention may take a long time for the states to adopt into their municipal legislations after
the technical procedures are completed. At times, they may even renegotiate to settle the
conflicting issues by entering into bilateral agreements. Whereas in the case of covenant, they
are bound to implement the norms by enacting legislation. The covenants normally deal with
the general welfare of the people across the world establishing duties on the states to protect
the interests of individuals at the national level. The Covenants on Civil and Political Rights,
Economic, Social and Cultural Rights have led to every government to give effect to a number of
rights and duties guaranteed to individual by the States.

5. Declaration: Declaration means a set of principles laid down by an international body or

organization like the United Nations recognizing the significance of such principles to be
followed by States. Declaration being primarily policy document which only enlists the views of
an international organization, it has no legal validity and no binding nature on the States. In
order to give effect to such declarations, normally states after deliberations to crystallize the
principles as binding legal aspects enter into conventions or bilateral treaties. For example, the
Universal Declaration of Human Rights adopted by the UN in 1948 later crystallized into
Covenant on Civil and Political Rights and Covenant on Economic, Social, and Cultural Rights, in
1966.

Q4. Prepare a report on Women’s Right and its awareness in India.

We live in a world where goddesses are worshiped and women get tamed, harassed,
abused, raped, and kidnapped every single day.
Keeping a check on a number of women-related cases, the government of India provides
crucial rights to Indian women.

"Human rights are women's rights and women's rights are human rights, once and for
all." - Hillary Clinton
On the grounds of gender equality, here are 11 rights an Indian woman
holds in India:
1. Women have the right to equal pay
According to the provisions listed under the Equal Remuneration Act, one cannot be
discriminated on the basis of sex when it comes to salary, pay or wages.
Working women have the right to draw an equal salary, as compared to men.

2. Women have the right to dignity and decency

In an event that the accused is a woman, any medical examination procedure on her
must be performed by -- or in the presence of -- another woman.

3. Women have the right against workplace harassment

The Sexual Harassment of Women at Workplace Act gives a female the right to file a
complaint against any kind of sexual harassment at her place of work.
Under this act, she can submit a written complaint to an Internal Complaints Committee
(ICC) at a branch office within a period of 3 months.

4. Women have a right against domestic violence

Section 498 of the Indian Constitution looks to protect a wife, female live-in partner or a
woman living in a household like a mother or a sister from domestic violence (including
verbal, economic, emotional and sexual) by the hands of a husband, male live-in partner
or relatives.
The accused shall be punished with a non-bailable imprisonment for a term which may
extend to three years and shall also be liable to fine.

5. Female sexual assault victims have the right to keep their identity
anonymous
To ensure that her privacy is protected, a woman who has been sexually assaulted may
record her statement alone before the district magistrate when the case is under trial,
or in the presence of a female police officer.

6. Women have the right to get free legal aid

Under the Legal Services Authorities Act, female rape victims have the right to get free
legal aid or help from the Legal Services Authority who has to arrange a lawyer for her.
7. Women have right not to be arrested at night
Unless there is an exceptional case on the orders of a first class magistrate, a woman
cannot be arrested after sunset and before sunrise.
In addition, the law also states that the police can interrogate a woman at her residence
only in the presence of a woman constable and family members or friends.

8. Women have the right to register virtual complaints

The law gives women the provision for filing virtual complaints via e-mail, or writing her
complaint and sending it to a police station from a registered postal address.
Further, the SHO sends a police constable to her place to record her complaint.
This is in case a woman is not in a position to physically go to a police station and file a
complaint.

9. Women have the right against indecent representation

Depiction of a woman's figure (her form or any body part) in any manner that is
indecent, derogatory, or is likely to deprave, corrupt or injure the public morality or
morals, is a punishable offence.

10. Women have the right against being stalked

Section 354D of the IPC makes way for legal action to be taken against an offender if
he/she follows a woman, tries to contact her to foster personal interaction repeatedly
despite a clear indication of disinterest; or monitor the use by a woman of the internet,
email or any other form of electronic communication.

11. Women have a right to Zero FIR

An FIR that can be filed at any police station irrespective of the location where the
incident occurred or a specific jurisdiction it comes under, the Zero FIR can later be
moved to the Police Station in whose jurisdiction the case falls under.
This ruling was passed by the Supreme Court to save the victim's time and prevent an
offender from getting away scot-free.

Q5. What is disability? Explain what government is doing for disable

persons in terms of laws, rights etc.
 Disability: ‘Persons with disabilities’ includes ‘those who have long-term physical,
mental, intellectual or sensory impairments which in interaction with various barriers
may hinder their full and effective participation in society on an equal basis with others.

General legal provisions relating to the disabled lies in

1. Constitution
2. Education Laws
3. Health Laws
4. Family Laws
5. Succession laws
6. Labour Laws
7. Judicial Procedures
8. Income Tax Laws, &
9. Various Acts
 The Person with Disabilities Act, 1995
 The Mental Health Act, 1987
 The Rehabilitation Council of India, 1992
 The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple
Disabilities Act, 1999
 Declaration On The Rights Of Mentally Retarded Persons

The disabled and the constitution

The Constitution of India applies uniformly to every legal citizen of India, whether they are healthy or
disabled in any way (physically or mentally)
Under the Constitution the disabled have been guaranteed the following fundamental rights:
1. The Constitution secures to the citizens including the disabled, a right of justice, liberty of thought,
expression, belief, faith and worship, equality of status and of opportunity and for the promotion of
fraternity.
2. Article 15(1) enjoins on the Government not to discriminate against any citizen of India (including
disabled) on the ground of religion, race, caste, sex or place of birth.
3. Article 15 (2) States that no citizen (including the disabled) shall be subjected to any disability, liability,
restriction or condition on any of the above grounds in the matter of their access to shops, public
restaurants, hotels and places of public entertainment or in the use of wells, tanks, bathing ghats, roads
and places of public resort maintained wholly or partly out of government funds or dedicated to the use of
the general public. Women and children and those belonging to any socially and educationally backward
 classes or the Scheduled Castes & Tribes can be given the benefit of special laws or special provisions
made by the State.
4. There shall be equality of opportunity for all citizens (including the disabled) in matters relating to
employment or appointment to any office under the State.
5. No person including the disabled irrespective of his belonging can be treated as an untouchable. It would
be an offence punishable in accordance with law as provided by Article 17 of the Constitution.
6. Every person including the disabled has his life and liberty guaranteed under Article 21 of the
Constitution.
7. There can be no traffic in human beings (including the disabled), and beggar and other forms of forced
labour is prohibited and the same is made punishable in accordance with law (Article 23).
8. Article 24 prohibits employment of children (including the disabled) below the age of 14 years to work in
any factory or mine or to be engaged in any other hazardous employment. Even a private contractor
acting for the Government cannot engage children below 14 years of age in such employment.
9. Article 25 guarantees to every citizen (including the disabled) the right to freedom of religion. Every
disabled person (like the non-disabled) has the freedom of conscience to practice and propagate his
religion subject to proper order, morality and health.
10. No disabled person can be compelled to pay any taxes for the promotion and maintenance of any
particular religion or religious group.
11. No Disabled person will be deprived of the right to the language, script or culture which he has or to which
he belongs.
12. Every disabled person can move the Supreme Court of India to enforce his fundamental rights and the
rights to move the Supreme Court is itself guaranteed by Article 32.
13. No disabled person owning property (like the non-disabled) can be deprived of his property except by
authority of law though right to property is not a fundamental right. Any unauthorized deprivation of
property can be challenged by suit and for relief by way of damages.
14. Every disabled person (like the non-disabled) on attainment of 18 years of age becomes eligible for
inclusion of his name in the general electoral roll for the territorial constituency to which he belongs.