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Ppthumanrights 201107182227
Ppthumanrights 201107182227
Human rights are a special sort of inalienable moral entitlement. They attach to all persons
equally, by virtue of their humanity, irrespective of race, nationality, or membership of any
particular social group. Human rights belong to an individual as a consequence of being
human. The term came into wide use after World War II, replacing the earlier phrase "natural
rights," which had been associated with the Greco-Roman concept of natural law since the
end of the Middle Ages. As understood today, human rights refer to a wide variety of values
and capabilities reflecting the diversity of human circumstances and history. They are
conceived of as universal Universality of human rights is controutrsial,applying to all human
beings everywhere, and as fundamental, referring to essential or basic human needs.
The concept of human rights is based on the belief that every human being is entitled to enjoy
her/his rights without discrimination. Human rights differ from other rights in two respects.
• The post-war era saw movements arising from specific groups experiencing a shortfall in their
rights, such as feminism and the civil rights of African Americans. The human rights
movements of members of the Soviet bloc emerged in the 1970s along with workers' rights
movements in the West.
• The “international regime” concept is one of the most important ones in the IR field. It allows
us to describe this key element of the international relations in the world today with greater
precision. According to the already classical “consensus” definition offered by Stephen
Krasner, an international regime is a type of international institution formed by a set of
principles, norms, rules and decision-making procedures adopted and established by states to
regulate or guide their interactions in a particular thematic area.
• The international human rights regime (or regimes, as we will see shortly) is founded on the
principles of dignity, the equal worth of and equal rights for “all members of the human
family”, without distinction of any kind, such as “race, colour, sex, language or religion”, as
well as the idea that human rights are inalienable, universal, interdependent and indivisible in
nature.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
UN CHARTER
• The UN Charter in 1945 affirmed faith in the fundamental human rights and appointed
a Commission on Human Rights under Mrs. E. Roosevelt. This declaration was the
outcome of the latter’s deliberations A.A. Said aptly remarked “The concept of Human
Rights may be difficult to define but impossible to ignore”.
• The United Nations (UN) is an international organisation whose stated aims are to
facilitate cooperation in international law, international security, economic
development, social progress and human rights issues. The pursuit of human rights was
a central reason for creating the UN. It was founded in 1945 and began with fifty
countries signing the United Nations Charter.
• As of 2007, there are 192 United Nations member states, encompassing almost
every recognized independent state. The UN Charter obliges all member nations to
promote “universal respect for, and observance of, human rights” and to take “joint
and separate action” to that end.
• The Charter consists of a preamble and a series of articles divided into chapters. It
includes: purposes of the United Nations; criteria for membership; the organs and
institutions of the UN; arrangements for integrating the UN with established
international law; and the enforcement powers of UN bodies.
• The 1948 Universal Declaration of Human Rights is probably the most famous
human rights document and at the same time is the cornerstone of international
human rights protection.
• The UNDH was significantly important in terms of its content and a benchmark for
the establishment of binding UN Human Rights Conventions since the 1950’s.
• There are only two kinds of optional protocols in the UN Human Rights Treaty
System:
• Those that address a new substantive area that has not been included in the original
text of a treaty. For example the Second Optional Protocol to the International Covenant
on Civil and Political Rights which considers the question of the abolition of the
death penalty;
• Those that address procedural aspects that may affect the way a treaty operates and
• The Optional Protocol to the ICESCR (OP-ICESCR) is a separate treaty open for
signature and ratification by States that are already parties to the ICESCR. The
OP- ICESCR does not create any new substantive rights. It sets a mechanism that
makes it possible for individuals or groups to submit a complaint to the Committee
in regard to violations of their economic, social and cultural rights by a State party.
For example, a community that was wrongfully evicted by the local authorities without
being able to benefit from any remedies provided by national courts would be able to file a
complaint directly to the Committee on ESCR.
The Constitution of India gave primary importance to human rights. To quote Guha, ”The
demand for a declaration of fundamental rights arose from four factors.”
• Existence of different religious, linguistic, and ethnic groups encouraged and exploited
by the Britishers
• The Supreme Court recognizes these fundamental rights as ’Natural Rights’ or ’Human
Rights’. While referring to the fundamental rights , Sikri the then Chief Justice of the
Supreme Court, in keshavananda Bharati v. State of kerala,”observed, ”I am unable to
hold these provisions to show that rights are not natural or inalienable rights. As a
matter of fact India was a party to the Universal Declaration of Rights . . . and that
Declaration describes some fundamental rights as inalienable.”
• It seems parts III, IV and IV(a) of the Constitution heavily depend upon the
judiciary for their interpretation and application. The various ’reasonable
restrictions’ clauses in Part Ill, Article 21, and the seldom-used Part IV-A have given
the judiciary ample scope for the Judicial Review of administrative and legislative
action. Indeed, Article 21 has allowed it to act as a catalyst in prodding the State to
implement the directive principles in so far as they directly bear upon ”life and
personal liberty.”
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
HUMAN RIGHTS ACT, 1993
• The Human Rights Commission Bill introduced in the Lok Sabha on May 14, 1992
was referred to the Standing Committee on Home Affairs of the Parliament. The
President of India promulgated an Ordinance, which established a National
Commission on Human Rights on September 27, 1993, owinc to pressure from
foreign countries as well as from the domestic front. Thereafter, a Bill on Human
Rights was passed in the Lok Sabha on December 18, 1993 to replace the ordinance
promulgated by the President The Bill became an Act, having received the assent of
the President, or January 8, 1994 (Act 10 of 1994) and was published in the Gazette
of India, Extraordinary Part II, Section I, on January 10, 1994.
• Section 3 of the Act lays down that the Central Government shall constitute a body
known as the National Human Rights Commission. It shall consist of Eight
members as follows:
2. One Member who is, or has been a judge of the Supreme Court.
3. One Member who is, or has been, the Chief Justice of a High Court.
(a) Violation of human rights or abatement thereof or (b) negligence in the prevention
3. The Commission shall review the safeguard provided by or under the Constitution.
4.The Commission shall review the factors, including acts of terrorism.
5. Shall study the treaties and other international instruments on human rights.
• According to the protection of Human Rights Act, 1993; State Human Rights
Commission is allowed to carry out all the function which are carried out by NHRC.
• SHRC has the similar powers and functions as of NHRC which it can execute on its
State level .
• They can also elevate the credibility and authority of new politicians, thus enhancing
their acceptability by voters. It is therefore evident that the media are useful in ensuring
• The Supreme Court of United States as well as the Indian Supreme Court held that
prisoner is a human being, a natural person and also a legal person. Being a prisoner he
does not cease to be a human being, natural person or legal person.
• Right to life and personal liberty : The Hon’ble Supreme Court has adopted annotation
of Article 21 and expanded connotation of “life” given by Field J.
• Right to live with human dignity : The Supreme Court held that right to life is one of
the basic human rights, guaranteed to every person by Article 21 and not even the
State has authority to violate it. A prisoner does not cease to be a human being even when
lodged in jail; he continues to enjoy all his fundamental rights including the right to life.
Right to speedy trial: The Supreme Court held that right to speedy trial is a part of
the fundamental right envisaged under Article 21 of the Constitution. Delay in disposal of
cases is denial of justice, so the court is expected to adopt necessary steps for expeditious trial
and quick disposal of cases.
• Right to speedy trial: The Supreme Court held that right to speedy trial is a part of the
fundamental right envisaged under Article 21 of the Constitution. Delay in disposal of
cases is denial of justice, so the court is expected to adopt necessary steps for expeditious
trial and quick disposal of cases. The Hon’ble Supreme Court has laid down detailed
guidelines for speedy trial of an accused in a criminal case but it declined to fix any time
limit for trial of offences. The burden lies on the prosecution to justify and explain the
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
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delay. The court held that the right to speedy trial flowing from Article 21, is available to
accused at all the stages, namely, the stage of investigation, inquiry, trial, appeal, revision
and re-trial. The court comes to conclusion in the interest of natural justice that when the
right to speedy trial of an accused has been infringed the charges of the conviction shall be
quashed.
CEDAW, is the principal international instrument on the rights of women. The Convention’s
focus is on eliminating all forms of discrimination against women so that substantive equality,
which requires equality in practice and the elimination of structural forms of inequality, can
be achieved. The CEDAW describes the three obligations that are central to state parties’
efforts to eliminate discrimination against women as:
To ensure that there is no direct or indirect discrimination in their laws and that
women are protected against discrimination – whether committed by public authorities, the
judiciary, organisations, enterprises or private individuals – in the public as well as the.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
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To improve the de facto position of women through concrete and effective policies
and programmes.
To address prevailing gender relations and the persistence of gender-based stereotypes that
affect women, not only through individual acts by individuals but also in the law, and legal
and societal structures and institutions.
Provision rights: include the right to an adequate standard of living, the right to free
education, the right to adequate health resources and the right to legal and social services.
Protection rights: include protection from abuse and neglect, protection from bullying,
protection from discrimination, and safety within the justice system.
Participation rights: include the right to freedom of expression and the right to participate in
public life.
Children’s rights are enshrined in the United Nations Convention on the Rights of the Child
(UNCROC). This is one of the key international human rights treaties and is the most widely
accepted of the human rights instruments.
• Rights of indigenous individuals and people to protect their culture through practices,
languages, education, media, and religion.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
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• Asserts the indigenous peoples’ right to own type of governance and to economic
development
• Health Rights
The protection guaranteed in other human rights treaties, and grounded in the Universal
Declaration of Human Rights, should apply to all. Persons with disabilities have, however,
remained largely ‘invisible’, often side-lined in the rights debate and unable to enjoy the
full range of human rights
The Convention on the Rights of Persons with Disabilities, which was adopted in 2006 and
entered into force in 2008, signalled a ‘paradigm shift’ from traditional charity-oriented,
medical-based approaches to disability to one based on human rights.
The Convention on the Rights of Persons with Disabilities offers sufficient standards of
protection for the civil, cultural, economic, political and social rights of persons with
disabilities on the basis of inclusion, equality and non-discrimination. It makes clear that
persons with disabilities are entitled to live independently in their communities, to make
their own choices and to play an active role in society.
promotion and implementation of the Convention. The experts are nominated by individual
countries and then elected by the States that have ratified the Convention. All States are
obliged to report regularly to the Committee on how the rights embodied in the Convention
are being implemented in each of their countries.
mental health (Article 12). The ICESCR itself does not contain any direct references to older
persons. In 1995, the Committee on Economic, Social and Cultural Rights (CESCR) released
General Comment No. 6 on ‘the economic, social and cultural rights of older persons’. The
comment provides a legal interpretation of how the ICESCR ought to apply to older persons.
It explains that the omission of ‘age’ specifically as an illegal ground of discrimination was
not intentional, but occurred because when the ICESCR and ICCPR were adopted, ‘the
problem of demographic ageing was not as evident or as pressing as it is now’. In the same
committee’s 2009 General Comment No. 20, ‘Non-discrimination in economic, social and
cultural rights’, paragraph 29 holds that ‘Age is a prohibited ground of discrimination in
several contexts’. The CESCR emphasises the need to address discrimination against older
persons in finding work, in professional training, and against those living in poverty with
unequal access to pensions because of their place of residency. In the ICCPR, ‘participation
rights’ of special concern for older persons are the commitment of states to ensure freedom of
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
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The International Bill of Rights as mentioned earlier, human rights are universal. They
apply to all human beings everywhere, regardless of their sex, age, religious affiliation,
disability, sexual orientation and other distinctions. Thus, the human rights of all
people, including older persons are tacitly protected in the Bill of Rights.
• Right to the highest attainable standard of physical and mental health (Article 12 )
• Once a person has been recognized as a refugee under the provisions of Convention, he is
entitled to residen e and a number of human rights without discrimination. The rights
enjoyed by refugees under this convention cover wide and diverse areas, such as religious,
economic, social, educational, cultural, fiscal and civil rights etc. The 1951 Convention
and the 1967 Protocol constitute the most important codification efforts of the rights of
refugees.
Determination of the personal status of a refugee by law of the country of his domicile or, if he
has no domicile, by the law of the country of his residence.
The rights of acquisition of movable & immovable property through different mode.
The same protection of industrial property such a s inventions, designs or models, trademarks,
trade names, and of rights in literary, artistic and scientific work.
A refugee shall have right to free access to courts and to legal assistance.
A refugee shall have right regarding association with nonpolitical and non-profit making
associations and trade unions.
The application of its provisions to refugees without discrimination on the basis of race ,
religion or country of origin. The refugees are to be accorded a treatment, at least as favourable
a s is accorded to the nationals.