EDUCATOR OF DELHI

BA LLB 4th SEMESTER

HUMAN RIGHTS

(BL-4004)

BY MUKESH KIRAR

UNIT – 2
QUES 1:- What proclaims the Charter of United Nations about Human
Rights ? What was the influences of this declaration.
ANS :- The Charter of the United Nations was signed on June 26, 1945,
and entered into force on October 24, 1945. The Charter, which serves
as the foundational treaty of the United Nations, established the
organization as a forum for international cooperation on issues of
global significance, including human rights.
The Charter affirms the importance of promoting and protecting
human rights and fundamental freedoms for all people without
discrimination based on race, sex, language, or religion. Article 1 of the
Charter declares that the purpose of the United Nations is to "maintain
international peace and security, and to that end: to take effective
collective measures for the prevention and removal of threats to the
peace, and for the suppression of acts of aggression or other breaches
of the peace, and to bring about by peaceful means, and in conformity
with the principles of justice and international law, adjustment or
settlement of international disputes or situations which might lead to a
breach of the peace."
The Universal Declaration of Human Rights (UDHR), which was adopted
by the United Nations General Assembly on December 10, 1948, is
considered to be the most significant international instrument on
human rights. The UDHR draws on the principles of the Charter of the
United Nations and other international human rights instruments to
set out a comprehensive framework for the protection and promotion
of human rights.
The UDHR proclaims that all human beings are born free and equal in
dignity and rights and that these rights are universal and inalienable.
The UDHR recognizes civil, political, economic, social, and cultural
rights and freedoms, including the right to life, liberty, and security of
person; the right to freedom of thought, conscience, and religion; the
right to work and education; the right to freedom of expression and
peaceful assembly; and the right to participate in government.
The UDHR has been influential in shaping international human rights
law and practice. It has been incorporated into the constitutions of
many countries and has provided the basis for the development of
international human rights treaties and conventions, such as the
International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights.
In addition to providing a framework for international human rights
law, the UDHR has also served as a tool for advocacy and education on
human rights. It has inspired countless individuals and organizations
to work towards the realization of human rights for all people.
Overall, the Charter of the United Nations and the Universal
Declaration of Human Rights represent a significant step forward in the
recognition and protection of human rights at the international level.
While there is still much work to be done to ensure that human rights
are fully realized for all people, these instruments provide a foundation
for continued progress towards a more just and equitable world.
QUES 2:-Discuss the problems of implementation of the Universal
Declaration of Human Rights.

ANS :- The Universal Declaration of Human Rights (UDHR), adopted by

the United Nations General Assembly in 1948, is a milestone document
in the history of human rights. It has served as a source of inspiration
and guidance for the development of international human rights law
and practice. However, despite its lofty goals and aspirations, the
UDHR has faced significant challenges in its implementation.
One of the main challenges in implementing the UDHR is the lack of
political will and commitment by some governments. Many countries,
particularly authoritarian regimes, have failed to fully respect and
protect the human rights of their citizens, and have used a variety of
tactics to suppress dissent and limit freedom of expression and
assembly. In some cases, governments have used violence and other
forms of repression to silence opposition and maintain their grip on
power.
Another challenge in implementing the UDHR is the lack of effective
enforcement mechanisms. While the UN has established a number of
human rights bodies and mechanisms to monitor and promote the
implementation of human rights standards, these mechanisms have
limited enforcement power. Many countries have been reluctant to
cooperate with these mechanisms, and have not fully complied with
their recommendations and decisions.
A third challenge in implementing the UDHR is the persistence of
discrimination and inequality. Despite the provisions of the UDHR,
many individuals and groups continue to face discrimination and
exclusion based on their race, gender, religion, sexual orientation, or
other factors. This discrimination can take many forms, including
economic, social, and political exclusion, as well as violence and abuse.
Another challenge is the lack of awareness and education about human
rights. Many people, particularly in developing countries and
marginalized communities, are not aware of their rights or how to
exercise them. This can limit their ability to demand accountability
from governments and other actors, and can also limit the
effectiveness of human rights education and awareness-raising
initiatives.
Finally, the UDHR faces challenges related to globalization and
technological advancements. The rise of transnational corporations and
the increasing use of digital technologies have created new challenges
for the protection and promotion of human rights. For example, some
corporations have been accused of exploiting workers and violating
human rights in their supply chains, while governments have used
digital surveillance and censorship to suppress dissent and limit
freedom of expression.
In conclusion, the implementation of the Universal Declaration of
Human Rights has faced significant challenges, including lack of
political will, ineffective enforcement mechanisms, discrimination and
inequality, lack of awareness and education, and new challenges related
to globalization and technological advancements. Addressing these
challenges requires sustained efforts by governments, civil society
organizations, and other actors to promote and protect human rights
for all people.
QUES 3:- Explain the term Human Right, What is the role of United
Nation in Human Rights.

ANS :- Human rights are inherent rights and freedoms that are
essential for the dignity, well-being, and development of all individuals,
regardless of their race, ethnicity, gender, religion, sexual orientation,
or any other status. Human rights are grounded in the belief that all
human beings are equal and deserve to be treated with respect and
dignity.
The term "human rights" encompasses a broad range of rights and
freedoms, including civil and political rights such as freedom of
expression and association, the right to vote and participate in
government, and the right to a fair trial; economic, social, and cultural
rights such as the right to work, education, and healthcare; and
collective rights such as the right to self-determination and to
participate in cultural and religious practices.
The United Nations plays a critical role in the protection and
promotion of human rights. The UN Charter, signed in 1945, recognizes
the importance of promoting and protecting human rights as a core
function of the UN. The UN's human rights work is carried out by a
range of bodies and mechanisms, including the Office of the High
Commissioner for Human Rights (OHCHR), the Human Rights Council,
and various treaty bodies and special rapporteurs.
The OHCHR is responsible for promoting and protecting human rights
around the world, and works to strengthen national and international
human rights systems. It provides support and guidance to
governments, civil society organizations, and other actors to help them
promote and protect human rights.
The Human Rights Council is the principal UN body responsible for
promoting and protecting human rights around the world. It is made up
of 47 member states and meets regularly to discuss and address human
rights issues. The Council also establishes special procedures, such as
special rapporteurs, to monitor and investigate specific human rights
issues.
The UN's treaty bodies are responsible for monitoring the
implementation of international human rights treaties, such as the
International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social, and Cultural Rights.
These bodies review reports submitted by states and make
recommendations to help ensure that countries are fulfilling their
obligations under the treaties.
Special rapporteurs are independent experts appointed by the Human
Rights Council to investigate and report on specific human rights
issues. They work to identify and address human rights violations, and
make recommendations to governments and other actors to improve
the situation.
In conclusion, human rights are essential rights and freedoms that are
inherent to all individuals. The United Nations plays a critical role in
protecting and promoting human rights around the world through a
range of bodies and mechanisms, including the OHCHR, the Human
Rights Council, treaty bodies, and special rapporteurs. The UN's human
rights work is essential to ensuring that the fundamental rights and
freedoms of all people are respected and protected.
QUES 4:- Write about the International Covenant on Economic, Social
and Cultural Rights.
ANS :- The International Covenant on Economic, Social and Cultural
Rights (ICESCR) is a landmark human rights treaty adopted by the
United Nations General Assembly in 1966. The ICESCR is one of the
two main international human rights treaties along with the
International Covenant on Civil and Political Rights (ICCPR), and
together they form the International Bill of Human Rights.
The ICESCR is a legally binding treaty that sets out the economic,
social, and cultural rights that all people are entitled to enjoy without
discrimination. These include the right to work, the right to just and
favourable conditions of work, the right to social security, the right to
education, the right to participate in cultural life, and the right to
enjoy the benefits of scientific progress and its applications.
The ICESCR is based on the principles of dignity, equality, and non-
discrimination, and it recognizes that these rights are essential for the
realization of human dignity and the development of individuals and
societies. The covenant also obliges states parties to take steps to
progressively realize these rights to the maximum of their available
resources, and to ensure that they are enjoyed by all individuals
without discrimination of any kind.
The ICESCR was adopted by the UN General Assembly in 1966, and it
entered into force in 1976 after being ratified by a sufficient number of
states. As of 2021, there are 170 state parties to the ICESCR,
indicating the global recognition of the importance of these rights.
States parties to the ICESCR are required to submit periodic reports to
the UN Committee on Economic, Social and Cultural Rights, outlining
the measures taken to implement the covenant and the progress made
in realizing these rights. The Committee then issues recommendations
and observations to the states parties on how to improve their
implementation of the covenant.
The ICESCR has played a crucial role in advancing economic, social,
and cultural rights around the world, and it has been instrumental in
shaping national policies and laws aimed at ensuring these rights are
respected, protected, and fulfilled. The covenant has also been used as
a basis for advocacy and litigation by civil society organizations and
individuals seeking to hold governments accountable for their
obligations under the covenant.
However, despite its global recognition and importance, the ICESCR
remains a controversial and contested treaty. Some argue that
economic, social, and cultural rights are not as easily justiciable as
civil and political rights, and that the obligation to progressively
realize these rights is too vague and open-ended. Others argue that the
ICESCR does not go far enough in recognizing the fundamental role of
these rights in human development and well-being, and that it is
undermined by the persistence of poverty, inequality, and
discrimination around the world.
In conclusion, the International Covenant on Economic, Social and
Cultural Rights is a crucial human rights treaty that recognizes the
importance of economic, social, and cultural rights in promoting
human dignity, development, and well-being. The ICESCR obliges states
parties to take steps to progressively realize these rights, and to ensure
that they are enjoyed by all individuals without discrimination of any
kind. While the covenant remains contested and controversial, it has
played a significant role in advancing economic, social, and cultural
rights around the world, and it continues to be an essential tool for
advocacy, policy-making, and accountability.
QUES 5:- Discuss the various articles of the International Covenant on
economic, social and cultural rights.
ANS :- The International Covenant on Economic, Social and Cultural
Rights (ICESCR) is a multilateral treaty adopted by the United Nations
General Assembly on December 16, 1966. The ICESCR recognizes
economic, social, and cultural rights as universal human rights, and
obliges states parties to take steps to ensure the progressive realization
of these rights.
The Covenant is composed of 31 articles. Here is a detailed discussion
of the various articles of the ICESCR:

Article 1: Right to self-determination

Article 1 recognizes the right of all peoples to self-determination,
which includes the right to determine their political status, pursue
their economic, social, and cultural development, and freely dispose of
their natural wealth and resources. It also recognizes the right to freely
determine their political status and pursue their economic, social, and
cultural development.

Article 2: Non-discrimination
Article 2 requires states parties to respect and ensure the rights
recognized in the Covenant without discrimination of any kind. It
obliges states to take steps to eliminate all forms of discrimination,
including discrimination based on race, sex, language, religion, political
or other opinion, national or social origin, property, birth, or other
status.

Article 3: Equal rights of men and women

Article 3 requires states parties to ensure the equal rights of men and
women to the enjoyment of all economic, social, and cultural rights
recognized in the Covenant. This includes the right to work, to
education, and to participate in cultural life.

Article 4: Limitations of rights

Article 4 recognizes that states parties may impose limitations on the
exercise of economic, social, and cultural rights in certain
circumstances, such as in times of public emergency or for the
protection of public health or morals. However, any limitations must be
prescribed by law and must be consistent with the other rights
recognized in the Covenant.

Article 5: Right to work

Article 5 recognizes the right of everyone to work, including the right
to the opportunity to gain a living by work that they freely choose or
accept. It obliges states parties to take appropriate measures to ensure
the realization of this right, including the provision of vocational
guidance and training, as well as the adoption of measures to promote
full employment and equal pay for work of equal value.

Article 6: Right to just and favourable conditions of work

Article 6 recognizes the right of everyone to just and favourable
conditions of work, including safe and healthy working conditions, fair
wages, and equal opportunities for promotion and advancement. It
obliges states parties to take appropriate measures to ensure the
realization of this right, including the provision of occupational health
and safety training, the regulation of working hours and rest periods,
and the establishment of social security schemes.

Article 7: Right to trade union freedom

Article 7 recognizes the right of everyone to freedom of association and
the right to form and join trade unions for the protection of their
economic and social interests. It obliges states parties to ensure that
workers can exercise these rights without discrimination and without
undue interference from employers or the state.

Article 8: Right to social security

Article 8 recognizes the right of everyone to social security, including
social insurance and social assistance. It obliges states parties to take
appropriate measures to ensure the realization of this right, including
the establishment of social security systems that provide a minimum
level of income or support for those who are unable to work or who
have insufficient resources.

Article 9: Right to an adequate standard of living

Article 9 recognizes the right of everyone to an adequate standard of
living, including adequate food, clothing, and housing. It obliges states
parties to take appropriate measures to ensure the realization of this
right, including the provision of affordable housing and the promotion
of access to safe drinking water and sanitation facilities.

Article 10: Protection of the family

Article 10 recognizes the right of everyone to protection of the family,
which is the natural and fundamental group unit of society. It obliges
states parties to take appropriate measures to ensure the protection
and preservation of the family, including measures to protect children
and young persons from exploitation and abuse.

Article 11: Right to an adequate standard of living

Article 11 recognizes the right of everyone to an adequate standard of
living for themselves and their families, including adequate food,
clothing, and housing. It obliges states parties to take appropriate
measures to ensure the realization of this right, including the provision
of social assistance for those in need.

Article 12: Right to health

Article 12 recognizes the right of everyone to the highest attainable
standard of physical and mental health. It obliges states parties to take
appropriate measures to ensure the realization of this right, including
the provision of medical care and public health services, as well as the
promotion of healthy lifestyles and environmental hygiene.

Article 13: Right to education

Article 13 recognizes the right of everyone to education, which must be
directed to the full development of the human personality and the
sense of its dignity. It obliges states parties to take appropriate
measures to ensure the realization of this right, including the provision
of free and compulsory primary education, as well as the development
of secondary and higher education.

Article 14: Right to participate in cultural life

Article 14 recognizes the right of everyone to participate in cultural
life, including the right to enjoy the benefits of scientific progress and
its applications, and to benefit from the protection of the moral and
material interests resulting from any scientific, literary, or artistic
production of which they are the author.

Article 15: Right to take part in cultural life

Article 15 recognizes the right of everyone to take part in cultural life,
which includes the right to enjoy the benefits of scientific progress and
its applications, and to benefit from the protection of the moral and
material interests resulting from any scientific, literary, or artistic
production of which they are the author.

Article 16: Right to enjoy the benefits of scientific progress

Article 16 recognizes the right of everyone to enjoy the benefits of
scientific progress and its applications. It obliges states parties to take
appropriate measures to promote the conservation, the development,
and the diffusion of science and culture, and to respect the freedom
indispensable for scientific research and creative activity.

Article 17: Right to work without discrimination

Article 17 recognizes the right of everyone to work without
discrimination on any grounds, including race, color, sex, language,
religion, political or other opinion, national or social origin, property,
birth, or other status. It obliges states parties to take appropriate
measures to eliminate discrimination in the workplace, including the
adoption of anti-discrimination laws and policies.

Article 18: Right to leisure

Article 18 recognizes the right of everyone to leisure, which includes
the right to rest and leisure time, and to enjoy the benefits of cultural
life. It obliges states parties to take appropriate measures to ensure the
realization of this right, including the provision of holidays and the
promotion of cultural activities.

Article 19: Right to work and to free choice of employment

Article 19 recognizes the right of everyone to work and to free choice
of employment, which includes the right to choose their own work and
to work under just and favorable conditions. It obliges states parties to
take appropriate measures to ensure the realization of this right,
including the provision of vocational guidance and training, and the
promotion of equal opportunities for employment.

Article 20: Protection of the rights of migrant workers and

their families
Article 20 recognizes the right of migrant workers and their families to
protection and to enjoy the same rights as nationals of the state in
which they are working. It obliges states parties to take appropriate
measures to ensure the realization of this right, including the
elimination of all forms of discrimination against migrant workers and
their families, and the protection of their human rights.
Article 21: Right to just and favourable conditions of work
Article 21 recognizes the right of everyone to just and favourable
conditions of work, which includes safe and healthy working
conditions, fair wages, and reasonable working hours. It obliges states
parties to take appropriate measures to ensure the realization of this
right, including the establishment of minimum wages and the
regulation of working hours.

Article 22: Right to social security

Article 22 recognizes the right of everyone to social security, which
includes the right to social insurance, social assistance, and the
provision of necessary social services. It obliges states parties to take
appropriate measures to ensure the realization of this right, including
the establishment of social security systems and the provision of
assistance to those in need.

Article 23: Right to protection of the family, mothers, and

children
Article 23 recognizes the right of everyone to protection of the family,
mothers, and children, which includes the right to special protection
and assistance for mothers during pregnancy and after childbirth, and
the right to appropriate social and legal protection for children. It
obliges states parties to take appropriate measures to ensure the
realization of this right, including the provision of parental leave, the
establishment of social welfare programs for mothers and children, and
the prevention of child abuse and neglect.

Article 24: Right of the child to special protection

Article 24 recognizes the right of every child to special protection and
assistance, which includes the right to enjoy the highest attainable
standard of health, education, and social welfare. It obliges states
parties to take appropriate measures to ensure the realization of this
right, including the provision of health care, education, and social
services for children, and the prevention of exploitation and abuse.

Article 25: Right to participate in cultural life and to enjoy

the benefits of scientific progress
Article 25 recognizes the right of everyone to participate in cultural
life and to enjoy the benefits of scientific progress and its applications.
It obliges states parties to take appropriate measures to ensure the
realization of this right, including the provision of access to cultural
and scientific materials, and the promotion of cultural diversity.

Article 26: Equality before the law

Article 26 recognizes the right of everyone to equality before the law
and to equal protection of the law, without discrimination and
regardless of any status. It obliges states parties to take appropriate
measures to ensure the realization of this right, including the adoption
of laws and policies that prohibit discrimination and provide effective
remedies for violations of this right.

Article 27: Right of minorities to culture, religion, and

language
Article 27 recognizes the right of individuals belonging to ethnic,
religious or linguistic minorities to enjoy their own culture, to profess
and practice their own religion, and to use their own language. It
obliges states parties to take appropriate measures to ensure the
realization of this right, including the provision of education and media
in the minority language, and the protection of cultural heritage.

Article 28 of the ICESCR recognizes the right to education,

which includes the right to free and compulsory primary education, the
right to secondary education, and the right to higher education. The
article also states that education should be directed to the full
development of the human personality and the sense of its dignity, and
that it should strengthen respect for human rights and fundamental
freedoms. States Parties are obligated to make primary education
compulsory and available free to all, to promote secondary education in
its different forms, and to make higher education equally accessible to
all on the basis of merit.

Article 29 of the ICESCR outlines the aims of education,

which should be directed towards the development of the human
personality and the promotion of respect for human rights and
fundamental freedoms. Education should also aim at the full
development of the human potential and the sense of dignity, and it
should enable all persons to participate effectively in a free society.
States Parties are obligated to promote the development of a system of
schools at all levels, to encourage education and the development of
vocational training, and to take measures to ensure that there is equal
access to education for all.

Article 30 of the ICESCR recognizes the importance of

cultural and linguistic diversity in education. States Parties are
obligated to respect the freedom of parents and legal guardians to
choose the kind of education that shall be given to their children, and
to ensure that religious or linguistic minorities can establish and
maintain their own educational institutions. The article also recognizes
the importance of international cooperation in the field of education,
and States Parties are encouraged to promote cooperation among
themselves and with international organizations in order to achieve the
aims of education.

Article 31 of the ICESCR recognizes the right to participate

in cultural life, which includes the right to enjoy the benefits of
scientific progress and its applications. States Parties are obligated to
take measures to promote the conservation, development, and
diffusion of science and culture, and to encourage research and the
dissemination of knowledge. The article also recognizes the importance
of international cooperation in the field of culture, and States Parties
are encouraged to promote cooperation among themselves and with
international organizations in order to achieve the aims of cultural
development.

Article 32 of the ICESCR recognizes the right of everyone to

education, which includes the right to free and compulsory primary
education, the right to secondary education, and the right to higher
education. States Parties are obligated to make primary education
compulsory and available free to all, to promote secondary education in
its different forms, and to make higher education equally accessible to
all on the basis of merit. Education should be directed towards the full
development of the human personality and the sense of its dignity, and
should strengthen respect for human rights and fundamental freedoms.

Article 33 of the ICESCR recognizes the right to protection

of the family, which includes the right to protection against arbitrary
or unlawful interference with the privacy, family, home or
correspondence. States Parties are obligated to take appropriate
measures to ensure the protection of the family, including its members'
rights to social and legal protection.

Article 34 of the ICESCR recognizes the right to an adequate

standard of living, which includes the right to adequate food,
clothing, housing, and to the continuous improvement of living
conditions. States Parties are obligated to take appropriate measures to
ensure the realization of this right, including the provision of housing,
adequate food, and nutrition education.

Article 35 of the ICESCR recognizes the right to health, which

includes the right to the highest attainable standard of physical and
mental health. States Parties are obligated to take appropriate
measures to ensure the realization of this right, including the
prevention and treatment of epidemic, endemic, occupational, and
other diseases.

Article 36 of the ICESCR recognizes the right to work, which

includes the right to the opportunity to gain a living by work freely
chosen or accepted, and to protection against unemployment. States
Parties are obligated to take appropriate measures to ensure the
realization of this right, including the promotion of employment
opportunities and vocational guidance, as well as the elimination of
discrimination in employment.

Article 37 of the ICESCR recognizes the right to social

security, which includes the right to social insurance and social
assistance. States Parties are obligated to take appropriate measures to
ensure the realization of this right, including the establishment of
social security schemes, and the provision of assistance to those in
need.

Article 38 of the ICESCR recognizes the right to freedom of

association, which includes the right to form and join trade unions
for the protection of one's interests. States Parties are obligated to take
appropriate measures to ensure the realization of this right, including
the protection of trade union activities and the right to strike.

Article 49 of the ICESCR recognizes the right of everyone to

receive education and to have access to the means necessary to
pursue their studies. States Parties are obligated to take appropriate
measures to ensure the realization of this right, including the provision
of free primary education, the development of secondary and higher
education, and the promotion of technical and vocational education.

Article 50 of the ICESCR recognizes the right of every person

to participate in cultural life and to benefit from scientific
progress and its applications. States Parties are obligated to take
appropriate measures to promote the development of science and
technology, to encourage the dissemination of scientific knowledge,
and to promote access to cultural events and activities.

Article 51 of the ICESCR recognizes the importance of

international cooperation in achieving the full realization of the
rights recognized in the Covenant. States Parties are obligated to work
together and to take appropriate measures, individually and through
international assistance and cooperation, to promote the realization of
the rights recognized in the Covenant.

Article 52 of the ICESCR establishes the Committee on

Economic, Social, and Cultural Rights, which is responsible for
monitoring the implementation of the Covenant by States Parties. The
Committee is composed of 18 experts who serve in their personal
capacity and are elected by States Parties. The Committee meets
regularly to consider reports submitted by States Parties, to issue
general comments and recommendations, and to provide technical
assistance and cooperation to States Parties.

Article 53 of the ICESCR sets out the procedures for the

entry into force of the Covenant. The Covenant entered into force
on January 3, 1976, after it had been ratified by 35 States. States that
ratify the Covenant are obligated to implement its provisions and to
report regularly to the Committee on Economic, Social, and Cultural
Rights on their progress in achieving the full realization of the rights
recognized in the Covenant.
In conclusion, the International Covenant on Economic, Social, and
Cultural Rights is a vital human rights treaty that recognizes the
importance of economic, social, and cultural rights in achieving the full
realization of human rights. The Covenant establishes binding
obligations on States Parties to promote and protect these rights, and
provides a framework for monitoring and evaluating the progress made
by States in fulfilling their obligations. The Covenant plays a critical
role in advancing the rights and well-being of people around the world,
and serves as an important tool for promoting social justice, equality,
and human dignity.