‘Universal Declaration of Human Rights addressed to the individual does contain inalienable rights of

individual’? Explain. ANS:- INTRODUCTION The first list of human rights recognized by the United
Nations appears in the Universal Declaration of Human Rights. No state has voted against it on 10
December 1948 (10 December is “International Human Rights Day” ever since), as none of them has
ever expressed any intention to denounce it. Though this may reflect a worldwide consensus, a
disturbing element has to be pointed out. When decision has been made about the proposed
document in the General Assembly, eight states abstained from the voting. The Soviet Union and its
allies (Belarus, Czechoslovakia, Poland, Ukraine, Yugoslavia), Saudi Arabia and South Africa has not
supported it with their votes. This does not necessarily mean a strong opposition against it, but is
definitely a sign of the lack of full consensus on the matter of human rights. Later, the Universal
Declaration of Human Rights has been reaffirmed in the Vienna Declaration and Programme of
Action, adopted after the World Conference on Human Rights in 1993, and still remains the basic
document to express universal human rights values. Its importance is shown by the fact that all
international human rights treaties refer to the Declaration in their preambles. UNIVERSAL
DECLARATION OF HUMAN RIGHTS The Universal Declaration of Human Rights (Universal
Declaration) is an international document that states basic rights and fundamental freedoms to
which all human beings are entitled. The Universal Declaration was adopted by the General
Assembly of the United Nations on 10 December 1948. Motivated by the experiences of the
preceding 19 world wars, the Universal Declaration was the first time that countries agreed on a
comprehensive statement of inalienable human rights. The Universal Declaration begins by
recognising that ‘the inherent dignity of all members of the human family is the foundation of
freedom, justice and peace in the world’. It declares that human rights are universal to be enjoyed
by all people, no matter whom they are or where they live. The Universal Declaration includes civil
and political rights, like the right to life, liberty, free speech and privacy. It also includes economic,
social and cultural rights, like the right to social security, health and education. The Universal
Declaration of Human Rights consists of a Preamble and 30 articles, setting out the human rights and
fundamental freedoms to which all men and women are entitled, without distinction of any kind.
The Universal Declaration recognizes that the inherent dignity of all members of the human family is
the foundation of freedom, justice and peace in the world. It recognizes fundamental rights which
are the inherent rights of every human being including, inter alia, the right to life, liberty and security
of person; the right to an adequate standard of living; the right to seek and enjoy asylum from
persecution in other countries; the right to freedom of opinion and expression; the right to
education, freedom of thought, conscience and religion; and the right to freedom from torture and
degrading treatment. These inherent rights are to be enjoyed by every man, woman and child
throughout the world, as well as by all groups in society. Today, the Universal Declaration of Human
Rights is widely regarded as forming part of customary international law. The Universal Declaration
is not a treaty, so it does not directly create legal obligations for countries. However, it is an
expression of the fundamental values which are shared by all members of the international
community. And it has had a profound influence on the development of international human rights
law. Some argue that because countries have consistently invoked the Declaration for more than
sixty years, it has become binding as a part of customary international law. Further, the Universal
Declaration has given rise to a range of other international agreements which are legally binding on
the countries that ratify them. These include- 20 • The International Covenant on Civil and Political
Rights (ICCPR) and • The International Covenant on Economic, Social and Cultural Rights (ICESCR).
1998 highlighted the global commitment to these fundamental and inalienable human rights as the
world commemorated the fiftieth anniversary of the Universal Declaration of Human Rights. The
Universal Declaration was one of the first major achievements of the United Nations and after 50
years remains a powerful instrument affecting people’s lives throughout the world. Since 1948, the
Universal Declaration has been translated into more than 250 languages (available at OHCHR
website at http://www.unhchr.ch/udhr/index.htm) and remains one of the best known and most
cited human rights documents in the world. The commemoration of the fiftieth anniversary provided
the opportunity to reflect on the achievements of the past fifty years and chart a course for the next
century. Under the theme All Human Rights for All, the fiftieth anniversary highlighted the
universality, indivisibility and interrelationship of all human rights. It reinforced the idea that human
rights i.e. civil, cultural, economic, political and social should be taken in their totality and not
dissociated. The underlying structure of the Universal Declaration was introduced in its second draft,
which was prepared by Rene Cassin. Cassin worked from a first draft, which was prepared by John
Peters Humphrey. The structure was influenced by the Code Napoleon, including a preamble and
introductory general principles. Cassin compared the Declaration to the portico of a Greek temple,
with a foundation, steps, four columns, and a pediment. PREAMBLE OF THE UNIVERSAL
DECLARATION Preamble proclaimed it as a common standard of achievement for all peoples and for
all nations, to the end that every individual and every organ of society keeping this declaration
constantly in mind, shall strive by teaching and education to promote respect for these rights and
freedoms and by progressive measures, national and international, to secure their universal and
effective recognition and observance, both among the peoples of member states themselves and
among the peoples of territories under their jurisdiction. Thus the General Assembly recommends to
every individual and every organ of the society to do something with respect to the human rights
laid down in the declaration. ENUMERATION OF RIGHTS IN THE DECLARATION 21 The universal
declaration enumerated the basic postulates and principles of human rights in a most
comprehensive manner. It dealt not only with civil and political rights, but with social and economic
rights as well. CIVIL AND POLITICAL RIGHTS Articles 2 to 21 deal with those civil and political rights
which have been generally recognized throughout the world. These are as follows1. Right to life,
liberty and security of persons (Article 3). 2. Freedom from slavery or servitude (Article 4). 3.
Prohibition against torture, inhuman or degrading treatment or punishment (Article 5). 4.
Recognition as a person before the law (Article 6). 5. Equality before the law and equal protection of
the law without any discrimination (Article 7). 6. Effective remedy before the national tribunals
(Article 8). 7. Freedom from arbitrary arrest, detention or exile (Article 9). 8. Right to a fair and public
hearing by an independent and impartial tribunal (Article 10). 9. Presumption of innocence until
proved guilty in a public trial with all guarantees necessary for defence in criminal cases (Article 11
para 1). 10. Freedom from ex-post facto laws (Article 11 p. 2). 11. Right to privacy, family, home and
correspondence (Article 12). 12. Right to freedom of movement and residence within the borders of
a State. (Article 13, para 1). 13. Right to leave any country, including his own and to return to his
country (Article 13, para 2). 14. Right to seek and to enjoy in other countries asylum from
persecution (Article 14, para 1). 15. Right to a nationality (Article 15). 16. Right to marry and to found
a family (Article 16). 17. Right to own property (Art 17). 18. Right to freedom of thought, conscience
and religion (Article 18). 19. Right to freedom of opinion and expression (Article 19). 20. Right to
freedom of peaceful assembly and association (Article 20). 21. Right to participate in the
government of his country (Article 21). 22 ECONOMIC AND SOCIAL RIGHTS Articles 22 to 27 of the
declaration deal with economic and social rights which are as follows – 1. Right to social security
(Article 22). 2. Right of work and free choice of employment (Article 23). 3. Right to rest and leisure
(Article 24). 4. Right to a standard of living adequate for the health of himself and of his family
(Article 25). 5. Right to education (Article 26). 6. Right to participate in cultural life (Article 27). 7.
Right to good social and international order (Article 28). The declaration laid down under Article 29
certain limitations to these rights and freedoms, by providing that everyone has duties to the
community in which alone the final and full development of his personality is possible. Para 2 of
Article 29 provided that rights shall be provided to the individuals subject to just requirements of
morality, public order and the general welfare in a democratic society. The above may mean that
rights provided in the declaration are not absolute. CONCLUSION While not a treaty itself, the
Declaration was explicitly adopted for the purpose of defining the meaning of the words
"fundamental freedoms" and "human rights" appearing 23 in the United Nations Charter, which is
binding on all member states. For this reason, the Universal Declaration of Human Rights is a
fundamental constitutive document of the United Nations. In addition, many international lawyers
believe that the Declaration forms part of customary international law and is a powerful tool in
applying diplomatic and moral pressure to governments that violate any of its articles. The 1968
United Nations International Conference on Human Rights advised that the Declaration "constitutes
an obligation for the members of the international community" to all persons. Q.12. Explain the
important points on International Covenant on Civil and Political Rights 1966. ANS:- INTRODUCTION
The United Nations International Covenant on Civil and Political Rights (ICCPR) attempts to ensure
the protection of civil and political rights. It was adopted by the United Nations’ General Assembly
on December 19, 1966, and it came into force on March 23, 1976. The International Covenant on
Economic Social and Cultural Rights, the Universal Declaration of Human Rights, and the ICCPR and
its two Optional Protocols, are collectively known as the International Bill of Rights. PURPOSE The
ICCPR recognizes the inherent dignity of each individual and undertakes to promote conditions
within states to allow the enjoyment of civil and political rights. Countries that have ratified the
Covenant are obligated “to protect and preserve basic human rights… [and] “compel[ed] to take
administrative, judicial, and legislative measures in order to protect the rights enshrined in the treaty
and to provide an effective remedy.” There are currently 74 signatories and 168 parties to the ICCPR.
CONTENT The unifying themes and values of the ICCPR are found in Articles 2 and 3 and are based
on the notion of non-discrimination. Article 2 ensures that rights recognized in the ICCPR will be
respected and be available to everyone within the territory of those states who have ratified the
Covenant (State Party). Article 3 ensures the equal right of both men and women to the enjoyment
of all civil and political rights set out in the ICCPR. The rights protected under the ICCPR
includeArticle 6 – Right to life Article 7 – Freedom from torture Article 8 – Right to not be enslaved
24 Article 9 – Right to liberty and security of the person Article 10 – Rights of detainees Article 11 –
Right to not be imprisoned merely on the ground of inability to fulfil a contractual obligation Article
12 – Freedom of movement and choice of residence for lawful residents Article 13 – Rights of aliens
Article 14 – Equality before the courts and tribunals, Right to a fair trial Article 15 – No one can be
guilty of an act of a criminal offence which did not constitute a criminal offence Article 16 – Right to
recognition as a person before the law Article 17 – Freedom from arbitrary or unlawful interference
Article 18 – Right to freedom of thought, conscience and religion Article 19 – Right to hold opinions
without interference Article 20 – Propaganda for war shall be prohibited by law Article 21 – Right of
peaceful assembly Article 22 – Right to freedom of association with others Article 23 – Right to marry
Article 24 – Children’s rights Article 25 – Right to political participation Article 26 – Equality before
the law Article 27 – Minority protection LIMITATIONS Article 4 of ICCPR allows for certain
circumstances for States Parties to derogate from their responsibilities under the Covenant, such as
during times of public emergencies. However, State Parties may not derogate from Articles 6, 7, 8
(paragraphs I and 2), 11, 15, 16 and 18. OPTIONAL PROTOCOLS There are two optional protocols to
the ICCPR which gives additional human rights protections. FIRST OPTIONAL PROTOCOL This
protocol allows victims claiming to be victims of human rights violations to be heard. The Human
Rights Committee (Committee), which is established by the Covenant, has the jurisdiction to receive,
consider and hear communications from victims. The first Optional Protocol came into force with the
Covenant. 25 SECOND OPTIONAL PROTOCOL This protocol aims to abolish the death penalty.
ENFORCEMENT Article 2(2) of ICCPR provides that State Parties are to take the “necessary steps…. to
adopt such laws or other measures as may be necessary to give effect to the rights recognized in the
present Covenant.” Countries that have ratified the ICCPR must takes steps in their own jurisdictions
to recognize the acceptance of this international covenant because, in “international law, a signature
does not usually bind a State. The treaty is usually subject to a future ratification, acceptance,
approval or accession.” In Canada, the accession process involves a series of reviews and
consultation by the federal government and followed by a tabling of the treaty in Parliament. In
addition to State Parties’ formally adopting and recognizing the ICCPR in their jurisdiction, Article 28
of ICCPR provides for a Human Rights Committee (Committee) to be established for monitoring the
State Parties’ implementation of the Covenant. State Parties are required to submit reports to the
Committee for review, on measures used to adopt and give effect to the rights enshrined in the
ICCPR. CONCLUSION As mentioned above, the First Optional Protocol allows victims of human rights
violation to be heard by the Committee. However the ICCPR also provides in Article 41 that a State
Party who claims another State Party is not fulfilling its obligations to implement ICCPR, may make
written submissions to the Committee for consideration. Also, non-governmental organizations
(NGOs) may also participate in ensuring that values under the ICCPR are protected by submitting
‘shadow reports’ and highlight areas for consideration by the Committee.

SHORT ANSWER QUESTIONS (Note: Short answer is required not exceed 200 words.)

Q. Write in short about International Covenant on Economics, Social and Cultural Rights 1966.

ANS:- INTRODUCTION

The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted on
December 16, 1966 by the UN General Assembly and entered into force ten years later.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is one of the nine core
United Nations (UN) human rights treaties. The ICESCR, together with the Universal Declaration of
Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), constitute
the International Bill of Human Rights. The ICESCR defines a broad set of rights related to the
economic, social, and cultural elements of life that states must provide to their citizens.

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

The preambles and articles 1, 3 and 5 of the two International Covenants are almost identical. The
preambles recall the obligation of States under the Charter of the United Nations to promote human
rights; remind the individual of his responsibility to strive for the promotion and observance of those
rights; and recognize that, in accordance with the Universal Declaration of Human Rights, the ideal
of free human beings enjoying civil and political freedom and freedom from fear and want can be
achieved only if conditions are created whereby everyone may enjoy his civil and political rights, as
well as his economic, social and cultural rights. Article 1 of each Covenant states that the right to
self-determination is universal and calls upon States to promote the realization of that right and to
respect it. The article provides that “All peoples have the right of self-determination” and adds that
“By virtue of that right they freely determine their political status and freely pursue their economic,
social and cultural development”. Article 3, in both cases, reaffirms the equal right of men and
women to the enjoyment of all human rights, and enjoins States to make that principle a reality.
Article 5, in both cases, provides safeguards against the destruction or undue limitation of any
human right or fundamental freedom, and against misinterpretation of any provision of the
Covenants as a means of justifying infringement of a right or freedom or its restriction to a greater
extent than provided for in the Covenants. It also prevents States from limiting rights already
enjoyed within their territories on the ground that such rights are not recognized, or recognized to a
lesser extent, in the Covenants. Articles 6 to 15 of the International Covenant on Economic, Social
and Cultural Rights recognize the rights to work (art. 6); to the enjoyment of just and favourable
conditions of work (art. 7); to form and join trade unions (art. 8); to social security, including social
27 insurance (art. 9); to the widest possible protection and assistance for the family, especially
mothers, children and young persons (art. 10); to an adequate standard of living (art. 11); to the
enjoyment of the highest attainable standard of physical and mental health (art. 12); to education
(arts. 13 and 14); and to take part in cultural life (art. 15). The International Covenant on Economic,
Social and Cultural Rights states that the rights provided for therein may be limited by law, but only
in so far as it is compatible with the nature of the rights and solely to promote the general welfare in
a democratic society (art. 4). The International Covenant on Economic, Social and Cultural Rights
entered into force on 3 January 1976, three months after the date of deposit with the Secretary-
General of the thirty-fifth instrument of ratification or accession, as provided in article 27.

Q.14. Explain the concept of Collective Rights?

ANS:- INTRODUCTION

Collective Rights are a type of Human Rights, which unlike traditional rights, are not vested in a
single individual but belongs to all people so that all of them can collective enjoyed. i.e. they are
enjoyed jointly rather than severally. Collective Rights are also called Third Generation Rights,
Solidarity Rights or New Rights.

CONCEPT OF COLLECTIVE RIGHTS

The concept of collective rights emerged because individual human rights do not guarantee
adequate protection for indigenous peoples and other minorities exhibiting collective characteristics.
These groups face various threats to their livelihoods, to their environments, to their health and to
their security, and their very survival may depend upon the recognition and protection of their
collective rights. Collective rights guarantee the development and preservation of ethnic minorities'
cultural identities and forms of organizations. A few existing legal instruments recognize these rights,
including Article 169 of the International Labour Organization and the political constitutions of
several nations including Colombia, Bolivia and Ecuador. In Colombia for example, collective rights
have been invoked in the struggles of the Nukak Makuk, Uwa and Embera people. Collective rights
are intergenerational. Land rights must be understood from this perspective, as present generations
have inherited the territory of previous ones, and are obliged to pass it on to future generations. For
that reason, indigenous territory should not be classified as property but rather as inheritance or
patrimony. In the cosmic vision of many indigenous peoples, territory is not only a physical space but
also where productive systems like fishing, hunting, agriculture, extractive activities and so forth are
carried out in a self-reliant manner. Collective rights over biodiversity are the result of the
preservation and maintenance of knowledge, innovations and other practices based in nature. The
conservation and sustainable use of biological diversity is incorporated into the traditional lifestyles
of collectivises including indigenous and black communities, famers and local people, and this
invaluable contribution to global sustainability must be recognized.

Collective rights are held by a group, rather than any one individual. They have typically been a focus
of indigenous peoples and other groups whose rights are threatened by an individualistic, capitalist
system. For example, much of the "Third World" (now Global South) organizing in the 1980s and
1990s focused on collective rights and finding ways to enforce those rights in addition to the more
widely-recognized individual rights.

EXAMPLES OF COLLECTIVE RIGHTS

• The right to speak one's native language and educate children in that language; the right to
cultural preservation

• The rights of indigenous peoples to land and resources held collectively, and the right to pass land
and resources down through the generations

• Right to Safe Environment-Environmental rights to clean air, water, and land

• The right to national self-determination

• The right to development

• The right to autonomous self-government for minority groups

• The right to restitution for lands stolen from the collective

• Right to Peace

• Right to Common Heritage

These rights generally revolve around the rights of distinct groups to maintain a distinct identity and
be free from harm at the hands of a more powerful government, though there is also an argument
for collective rights held by the human race as a whole, such environmental rights or the right to
peace.

VERY SHORT ANSWER QUESTIONS (Note: Very short answer is required not exceeding 75 words.)

Q. What is right of self determination?

Ans:- The right to self-determination is the right of a people to determine its own destiny. In
particular, the principle allows a people to choose its own political status and to determine its own
form of economic, cultural and social development. Exercise of this right can result in a variety of
different outcomes ranging from political independence through to full integration within a state. All
peoples have the right to self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.

Q. How many Human Rights instruments are there in the ‘International Bill of Human Rights’?

Ans:- The International Bill of Human Rights is a collective term applied to 6 major international
instruments. These are-

• Universal Declaration of Human Rights (1948)

• International Covenant on Economic, Social and Cultural Rights (1966)

• International Covenant on Civil and Political Rights (1966)

• Optional Protocol to the International Covenant on Civil and Political Rights (1966)

• Second Optional Protocol to the International Covenant on Civil and Political Rights (1989)

• Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (2008)

Q.What is the object of Optional Protocol to the International Covenant on Civil and Political
Rights (1996)?

Ans:- This protocol allows victims claiming to be victims of human rights violations to be heard. The
Human Rights Committee (Committee), which is established by the Covenant, has the jurisdiction to
receive, consider and hear communications from victims. The first Optional Protocol came into force
with the Covenant. There are currently 35 signatories and 115 parties to this protocol.

Q. What is the aim of Second Optional Protocol to the International Covenant on Civil and Political
Rights (1996)?

Ans:- This protocol aims to abolish the death penalty contributes to enhancement of human dignity
and progressive development of human rights. It was entered into force on July 11, 1991 and it
currently has 37 signatories and 81 parties.