CONTEMPORARY GLOBAL CONCERNS

HUMAN RIGHTS

CONTEMPORARY GLOBAL CONCERNS

HUMAN RIGHTS

Syllabus topic : Contemporary Global Concerns : Democracy, human rights, environment, gender
justice, terrorism, nuclear proliferation.

Human rights are the rights which are inherent to all human beings, regardless of race, sex,
nationality, ethnicity, language, any religion, or any other status.

These include various rights like the right to life and liberty, freedom from any type of slavery and
torture, freedom of expression, the right to work and education, and various others.

‘Human rights’ essentially have been defined to include all the aspects of dignified human existence
which make every human being an equal member of the humanity family.

Human dignity is the prime essence of human rights. It is often the wide understanding of this aspect
and appreciation of the range of dignity of the individual which actually defines the true scope of
human rights.

“To deny people of their human rights means to challenge their very
humanity”.

- Nelson Mandela

According to Amartya Sen, “Human rights are fulfilled when the persons involved enjoy secure
access to the freedom or resource (adequate health protection, freedom of speech) covered by the
right”.

BASIC CONCEPT OF HUMAN RIGHTS

• The first person credited with developing a comprehensive theory of human rights was British
philosopher John Locke.
• Locke wrote that people form societies, and societies establish governments in order to assure
the enjoyment of “natural” rights. Locke defined government as a “social contract” between
rulers and the ruled.
• He believed citizens are obliged to give allegiance only to a government which protects their
human rights. Those rights may even have precedence over the claims and interests of the
government. Government can only be legitimate when it systematically honours and protects
the human rights of its citizens.

There are a number of ways of classifying human rights. Some of them are:
1. Classical: These include the civil and political rights and they generally restrict the powers of the
state in respect of actions affecting the individual.

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2. Fundamental and Basic Rights: With the recent rise in the number of human rights, a concern
has arisen that some of the rights will become watered down eventually. Consequently, the
phrase fundamental rights tends to be used to indicate more importance of certain rights like
the right to life.
a. These rights are so important that they must always be given precedence in national and
international policy. They include all those rights pertaining to individual dignity as well as to
their material needs.
3. Collective and Individual Rights: Generally, most of the human rights relate to the individual
only. However, it becomes apparent that some of them can only be exercised by some kind of
groups. This is especially true when the ability of exercising rights is linked to membership of a
particular group.
4. First, Second and Third Generation Rights: Normally, this classification (found in works of Karel
Vasak) follows the historical development of these rights.
a. The first generation rights are the ones that are the civil and political rights and second
generation rights are the social, economic and cultural ones.
b. In the last few years, academicians have started to talk about the existence of a third
generation of rights. These are solidarity rights- like the right to peace, the right to
development, the right to food and the right to a clean environment. Thus, human rights
are necessarily dynamic.

Timeline of these generational rights:

• The first generational rights date back to the Magna Carta of 1215 and the Rights of Englishmen,
which were expressed in the English Bill of Rights in 1689. A fuller set of first generation human
rights was pioneered in France by the Declaration of the Rights of Man and of the Citizen in
1789, and by the United States’ Bill of Rights in 1791.
• Second-generation human rights are related to equality and began to get recognized by
governments after World War II. In the United States of America, President Franklin D. Roosevelt
proposed a Second Bill of Rights, during his State of the Union Address on January 11, 1944.
Today many nations, states, or groups of nations have developed legally binding declarations
guaranteeing comprehensive sets of human rights. For example, the European Social Charter.
• Third-generation human rights are those rights that go beyond the mere civil and social domain,
as expressed in many progressive documents of international law, including the 1972 Stockholm
Declaration of the United Nations Conference on the Human Environment, the 1992 Rio
Declaration on Environment and Development, and other pieces of generally aspirational "soft
law".
• Several analysts claim that a fourth generation of human rights is emerging which would include
rights that cannot be included in the third generation, future claims of first and second
generation rights and some totally new rights, especially in relation to technological
development and information and communication technologies and cyberspace.

Essential Features of Human Rights

1. People have these rights mainly because they are human. All people have the right to lead a
dignified and humane life, and thus they work towards achieving this for all people. Thus, human
rights cannot be denied on the basis of caste, colour, religion or gender.
2. Human rights are universal in nature. They take no consideration of any nation, race, sex or
color. People of all nations, colour, race or religion have the same rights everywhere. Even the
developed and developing countries in every continent of the world must guarantee the same
rights to all their citizens.
3. Human rights treat all people as equal beings. This follows the idea that “All human beings are
born free and are equal in rights and dignity” and therefore, everyone deserves the same
opportunities and treatment. Every government must work to create the same set of

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opportunities for all the people in the country. This may involve extra work for the government
to make those opportunities the same for certain sections in society like women, children, and
even the disabled.
4. These rights belong primarily in the individual sphere. It means that they are concerned with
the relationship between an individual and the government.
5. Thus, it is for the government to create such a society where each individual can enjoy and freely
exercise his or her rights to the fullest.
6. Human rights encompass the fundamental principles that underpin humanity. These rights are
crucial for the development of a person's identity and the protection of their dignity. Examples
of human rights include the right to life, freedom from slavery, and freedom from torture.
7. Human rights are not confined to any particular country and apply globally. The promotion and
protection of these rights require nations to meet certain standards that ensure the promotion,
protection, and respect of these rights. This holds nations accountable for upholding these
ideals.

According to Amartya Sen, human rights are norms that aspire to protect all people everywhere
from severe political, legal, and social abuses. Thus, for him the most important human rights are:
the right to freedom of religion, the right to a fair trial when charged with a crime, the right not to be
tortured, and the right to education.

INTERNATIONAL HUMAN RIGHTS CONVENTIONS AND BODIES:

The Universal Declaration of Human Rights, 1948
● It has 30 rights and freedoms which include civil and political rights. For example, the right to
life, liberty, free speech and economic, social and cultural rights, and the right to social security,
health and education etc.
● India was an important member in drafting of the UDHR.
● Thus, the UDHR is not a treaty, so it does not directly create any legal obligations for the
member countries.
● The UDHR, along with the International Covenant on Civil and Political Rights (1966) and its two
voluntary Protocols: on the complaint's procedure and on the death penalty, along with
‘International Covenant on Economic, Social and Cultural Rights’ and its optional protocol, also
form the so-called International Bill of Human Rights.

Other Conventions:
1. The Convention for the Prevention and Punishment of the Crime of Genocide- signed in 1948.
2. The International Convention for the Elimination of All Forms of Racial Discrimination- signed in
1965.
3. The Convention for the Elimination of All Forms of Discrimination against Women- signed in
1979.
4. The Convention on the Rights of the Child- signed in 1989.
5. The Convention on the Rights of Persons with Disabilities- signed in 2006).
NOTE: India is a party to all of these above mentioned international Conventions.

UN HUMAN RIGHTS COUNCIL

● It is an inter-governmental body which works within the United Nations system and is
responsible for strengthening the promotion and protection of human rights.
● It is made up of a total of 47 UN Member States which are elected by the UNGA.
● The most innovative and important feature of the Human Rights Council is its Universal Periodic
Review. This unique mechanism involves the review of the human rights records of all the 193
UN member states, every four years.

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● Additionally, the Office of the High Commissioner for Human Rights also serves as the secretariat
for the Human Rights Council office.

AMNESTY INTERNATIONAL
● It is an international organisation of volunteers who campaign for the upliftment of human
rights.
● This organisation brings independent reports on the subject of violation of human rights from all
over the world.

HUMAN RIGHTS IN INDIA

● Specifically enunciated in the Constitution: Since the inception of the Indian Constitution, it has
incorporated most of the rights enumerated in the Universal Declaration of human rights in two
main parts- Part 3 (Fundamental Rights) and Part 4 (Directive Principles of State Policy).
● The Fundamental Rights: They have been explicitly mentioned from Article 12 to 35 of the
Constitution. They include the Right to Equality, Right to Freedom, Right Against Exploitation,
Right to Freedom of Religion, Cultural & Educational Rights as well as the Right to Constitutional
Remedies.
● The Directive Principles of State Policy: They have been mentioned from Article 36 to 51 of the
Constitution. They include the right to social security, right to work, the free choice of
employment, and protection against unemployment, right to equal pay for equal work, right to
existence worthy of human dignity, equal justice & free legal aid and the principles of policy to
be followed by the State.

Statutory Provisions:
● The Protection of Human Rights Act, 1993: It provides for the formation of a National Human
Rights Commission at the Union level which will steer the State Human Rights Commission in the
individual States and also the Human Rights Courts for the better protection of Human Rights
and for matters connected with or incidental thereto.

What Are Human Rights Violations?

A state commits human rights violations either directly or indirectly. Violations can either be
intentionally performed by the state and or come as a result of the state failing to prevent the
violation. The violation can be physically violent in nature, such as police brutality, while rights such
as the right to a fair trial can also be violated (where no physical violence is involved).
The second type of violation: failure by the state to protect; occurs when there’s a conflict between
individuals or groups within a society. If the state does nothing to intervene and protect vulnerable
people and groups, it participates in the violations.
Civil and political rights are violated through torture, genocide and arbitrary arrest. These violations
often happen during times of war, and when a human rights violation intersects with the breaking of
laws about armed conflict, it is known as a war crime.

Economic, social, and cultural rights include the right to work, the right to education, as well as the
right to physical and mental health. The United Nations Office of the High Commissioner for Human
Rights gives a handful of examples of how these rights can be violated. They include:
1. Contaminating water, for example, with waste from State-owned facilities (the right to health).
2. Evicting people by force from their homes (the right to adequate housing).
3. Denying services and information about health (the right to health).
4. Discriminating at work based on traits like race, gender, and sexual orientation (The right to
work).
5. Failing to provide maternity leave (protection of and assistance to the family).
6. Not paying a sufficient minimum wage (rights at work).

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7. Segregating students based on disabilities (the right to education).

8. Forbidding the use of minority/indigenous languages (the right to participate in cultural life).

CURRENT CONCERNS
● Ukraine war:
o The Russian invasion of Ukraine is a clear violation of the United Nations Charter and is
considered an act of aggression that is a crime under international law. The invasion has
caused a significant human rights and humanitarian crisis, as well as a displacement crisis
that has the potential to become one of the worst in recent European history. Russia's
actions are a breach of Ukraine's sovereignty and are a threat to global security.

● Afghanistan
o The parties involved in the conflict in Afghanistan have committed severe violations of
international humanitarian law, including war crimes, and other serious human rights
violations and abuses without any consequences. These actions are a blatant disregard for
the laws that protect individuals and communities during times of conflict. It is important
that those responsible for these crimes be held accountable and that efforts be made to
prevent further violations from occurring
o Indiscriminate and targeted killings reached record levels. Human rights defenders, women
activists, journalists, health and humanitarian workers, and religious and ethnic minorities
were among those targeted by the Taliban and non-state actors.

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● Yemen
o The conflict in Yemen has resulted in widespread violations of international humanitarian
and human rights law by all parties involved, and these violations have been perpetrated
with impunity. The situation in Yemen is deeply concerning, as civilians have suffered greatly
due to the conflict and have been subjected to a range of abuses, including arbitrary
detention, torture, and other ill-treatment. It is important that all parties involved in the
conflict respect international law and take steps to protect civilians and ensure their rights
are upheld. It is also crucial that those responsible for violations be held accountable for
their actions.
o The conflict in Yemen has been marked by a series of attacks that have killed and injured
civilians and destroyed civilian infrastructure, including food production facilities. These
attacks have been carried out by both the Saudi Arabia-led coalition, which supports the
internationally recognized Yemeni government, and Houthi forces. These actions are in
violation of international humanitarian law, which requires all parties to a conflict to take
steps to protect civilians and ensure that their rights are respected. It is important that all
parties involved in the conflict respect international law and take measures to prevent
further harm to civilians.

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o It is deeply concerning that Southern Transitional Council (STC) forces have carried out
summary killings, as this is a serious violation of international human rights law. Summary
killings, also known as extrajudicial killings, refer to the unlawful killing of an individual by a
state or its agents without the benefit of a fair and impartial trial. These actions are
unacceptable and must be thoroughly investigated and those responsible held accountable
for their actions. It is important that all parties involved in the conflict respect the rule of law
and ensure that the rights of all individuals are protected.
o The parties involved in the conflict have carried out a range of abuses, including harassment,
arbitrary detention, enforced disappearances, torture, and other forms of ill-treatment, as
well as unfair trials, against individuals on the basis of their political, religious, or
professional affiliations, their peaceful activism, or their gender. These actions are serious
violations of international human rights law and must be condemned. It is also concerning
that all parties have perpetrated gender-based violence and discrimination, which are also
strictly prohibited by international law. It is important that all parties involved in the conflict
respect the rights of all individuals and take steps to prevent further abuses from occurring.
Those responsible for these crimes must be held accountable for their actions.

OTHER CONCERNS
Research like the 2019 Rule of Law index shows threats to human rights exist in ⅔ of the surveyed
113 countries. Since 2016, the index has reported diminishing scores.

CORRUPTION AND HUMAN RIGHTS

Corruption compromises States’ ability to fulfil its obligation to promote, respect and protect the
human rights of individuals within their jurisdictions. Human rights are indivisible and
interdependent, and the consequences of corruption are multiple and touch on all human rights
ranging from civil and political rights; economic, social and cultural rights; and even the right to
development. Yet, until now, it has been largely ignored from being recognised as a human rights
issue. With the adoption of the Sustainable Development Goals in 2015, and most notably in this
regard, SDG 16, increased awareness has spread within the UN system about the detrimental impact
of corruption on the enjoyment of human rights.

HUMAN TRAFFICKING
According to the UNODC (United Nations Office on Drugs and Crime), there has been an increasing

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global trend in human trafficking since 2010. Armed groups and terrorists use human trafficking to
spread fear. Victims often end up working in the sex trade or other forced labour. Women and girls
make up the majority of those trafficked. As the issue becomes more severe and widespread, the
international community needs to ramp up its efforts to deal with this human rights issue.

REFUGEE CRISIS
According to the UN chief, the world is dealing with the “highest levels of displacement on record.”
Reasons include climate change and armed conflict. Refugees fleeing their homes experience
persecution and discrimination. The 2019 Global Humanitarian Overview estimates that the 132
million people displaced by conflicts in South Sudan, Yemen, Nigeria, and Somalia require over $20
billion to sustain themselves.

HUMAN RIGHTS, CLIMATE CHANGE AND DISPLACEMENT

Climate change has enormous implications for the enjoyment of a wide range of internationally
protected human rights. This is especially true for people in already vulnerable situations. One of the
most important human impacts of climate change will be on displacement. Already millions of
people are forcibly displaced each year by natural disasters.
With the effects of climate change, the frequency and intensity of such disasters will only further
increase, as will the number of people being displaced across borders. Yet, at present the
international protection framework for such scenarios is insufficient.

WORKER RIGHTS
In Article 23.1 of the Universal Declaration of Human Rights (UDHR), all people have “the right to
work, to free choice of employment, to just and favourable conditions of work and to protection
against unemployment.” These rights are threatened around the world in a myriad of ways.
Injustices like wage theft, unequal pay, discrimination, and physical endangerment occur all the
time. Such systems can make work-life balance difficult, taking a toll on employees’ mental health. In
many places, inadequate pay is also an issue.

GENDER EQUALITY
Gender inequality has been a human rights issue for hundreds of years. Even with decades of
progress, the World Economic Forum (WEF) believes it could take the world another 99.5 years to
realise gender equality. It is a complicated issue because there exist layers to address. Access to
education, political representation, reproductive rights, economic opportunities contribute to
gender inequality. Making significant changes and monitoring progress will remain a top human right
in the future.

THE RIGHT TO A HEALTHY AND SUSTAINABLE ENVIRONMENT

The right to a clean and healthy environment was left out of the Universal Declaration of Human
Rights (and therefore the two Covenants) because it was drafted before the advent of the modern
environmental movement in the 1960s and 1970s. However, over recent years, there has been a
growing interest and movement, at national, regional and international levels to correct this
oversight, and to declare a universal right to a clean, healthy and sustainable environment. The
Indian judiciary has already declared this as a fundamental right under Article 21.

LGBTQ+ RIGHTS
Depending on the country, the state of these rights varies widely. All over the world, definitions of
identity are changing and expanding. This makes navigating the issues more challenging and complex
for society as well as the human rights community. In the future, how we approach LGBTQ+ rights
and gender identity may change, but standing against discrimination will remain necessary.

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HUMAN RIGHTS AND TECHNOLOGY

Inventions like the internet impact how we communicate and how ideas develop. Technology also
changes our relationship with powerful institutions. Unfortunately, legal protections and structures
have not developed at the same pace. The future will include questions about human rights as they
apply to data privacy, the definition of hate speech, surveillance as well as digital security.

NATIONALISM
Despite seventy years of multilateralism and global leadership from institutions like the UNO,
nationalism is on the rise across the globe. It can be found in countries like the United States,
Europe, China as well as Turkey. The UN High Commissioner for Human Rights warns that
nationalism threatens rights such as the right to life, food, and health. Vulnerable groups like
refugees and the LGBTQ+ community generally face significant danger under nationalism.

HUMAN RIGHTS AND COVID-19

● Forced curtailment of Human rights: In view of the exceptional situation and to preserve life,
countries had no choice but to adopt extraordinary measures. Extensive lockdowns, adopted to
slow the transmission of the virus, restricted freedom of movement resulted in restriction in
freedom to enjoy many other human rights. Such measures inadvertently affected people’s
livelihoods and security, their access to health care (not only for COVID-19), to food, water and
sanitation, work, education as well as to leisure.
● Guaranteeing human rights for everyone poses a challenge for every country around the world
to a differing degree. The public health crisis astonishingly became an economic and social crisis
as well as a human rights crisis rolled into one.
● Human rights guides states on how to exercise their power so that it is used for the benefit of
the people and not to do harm. In the current crisis, human rights can help states to recalibrate
their response measures to maximise their effectiveness in combating the disease and minimise
the negative consequences. The centrality of protection (which underpins the response in
humanitarian settings) ensures that we collectively preserve our common humanity and dignity.
● Human rights law recognizes that national emergencies may require limits to be placed on the
exercise of certain human rights. The scale and severity of COVID-19 reached a level where
restrictions were justified on public health grounds. Nothing in this paper seeks to tie the hands
of States in shaping an effective response to the pandemic. Rather it aims to signal to States
possible pitfalls in the response to the crisis and suggest ways in which attention to human rights
can shape better responses.

“We all know what the problems are, and we all

know what we have promised to achieve. What
is needed now is not more declarations or
promises, but action to fulfill the promises
already made.”

—Kofi Annan Former Secretary-General, United

Nations

PYQs
1. Discuss the importance of personal data protection in the context of human rights. (2019, 200,
15)
2. Critically examine the notion of “Asian Values” in the context of the on-going debates on human
rights. (2018, 250, 20)

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3. Do you endorse that the conventional discourse on human rights has failed to include women’s
rights ? Explain in the context of feminist theories. (2015, 250, 20)
4. Comment on: Human rights and humanitarian Intervention. (2002, 200, 20).
5. Moral claims of today become the human rights of tomorrow. Trace the efforts in the
international protection of human rights in the twentieth century. (2001, 200, 20)

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