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BHR - Prelim Question Paper - 1 SOLVED by Stranger
BHR - Prelim Question Paper - 1 SOLVED by Stranger
1. Ancient Civilizations: Ideas of justice, fairness, and respect for basic rights
can be traced back to ancient civilizations such as Mesopotamia, Egypt,
Greece, and Rome. Legal codes, such as Hammurabi's Code in Mesopotamia
and the Twelve Tables in Rome, established principles of justice and fairness
in societies.
2. Enlightenment: The Enlightenment period in the 17th and 18th centuries
played a significant role in shaping modern human rights discourse. Thinkers
such as John Locke, Jean-Jacques Rousseau, and Thomas Paine put forth ideas
of natural rights, social contract theory, and the inherent dignity and equality
of all individuals. These ideas laid the foundation for the recognition of
individual rights and limitations on state power.
3. American and French Revolutions: The American Revolution (1775-1783)
and the French Revolution (1789-1799) brought forth major political changes
and emphasized the importance of individual rights. Documents like the
American Declaration of Independence and the French Declaration of the
Rights of Man and of the Citizen articulated principles of liberty, equality, and
popular sovereignty.
4. Abolitionist Movement: The 19th-century abolitionist movement fought
against the institution of slavery, advocating for the recognition of the inherent
rights and dignity of enslaved individuals. The movement led to the abolition
of slavery in various countries and contributed to the development of human
rights principles.
5. Women's Suffrage Movement: The women's suffrage movement, which
gained momentum in the late 19th and early 20th centuries, fought for
women's right to vote and gender equality. The movement challenged
patriarchal norms, advocating for equal rights, opportunities, and legal
protections for women.
6. Anti-Colonial Movements: Anti-colonial movements in the 20th century,
particularly in Africa, Asia, and the Americas, sought to end colonial rule and
secure self-determination. These movements highlighted the right to freedom,
independence, and equality for colonized peoples, contributing to the
recognition of collective rights and the right to self-determination.
7. Humanitarian and International Efforts: The aftermath of World War II and
the Holocaust led to a renewed commitment to human rights. The Universal
Declaration of Human Rights (UDHR) was adopted by the United Nations in
1948, providing a comprehensive framework for human rights principles and
standards. International organizations, such as the United Nations and its
specialized agencies, have played a crucial role in promoting and protecting
human rights globally.
8. Civil Rights and Social Justice Movements: Civil rights movements, such as
the African-American civil rights movement in the United States and the anti-
apartheid movement in South Africa, have fought against racial discrimination
and segregation. These movements have advanced the principles of equality,
non-discrimination, and social justice.
9. Contemporary Movements: Contemporary movements continue to shape the
evolution of human rights. Movements advocating for LGBTQ+ rights,
indigenous rights, refugee rights, gender equality, and environmental justice
highlight evolving human rights concerns and expand the scope of rights
protections.
These socio-political and intellectual movements have contributed to the
development and recognition of human rights principles over time. They have
challenged oppressive systems, called for equality, and emphasized the
importance of individual dignity, liberty, and justice. The evolution of human
rights is an ongoing process as societies strive to address new challenges and
advance the realization of human rights for all.
1. Civil and Political Rights: Civil and political rights pertain to the rights and
freedoms that protect individuals' autonomy, liberty, and participation in
public life. They include:
- Right to life, liberty, and security of person
- Freedom of expression, assembly, and association
- Right to a fair trial and due process
- Freedom of thought, conscience, and religion
- Right to vote and participate in the political process
- Freedom from torture, cruel, inhuman, or degrading treatment or
punishment
- Right to privacy and protection of personal data
2. Economic, Social, and Cultural Rights: Economic, social, and cultural rights
encompass the rights related to social and economic well-being, including
access to basic needs, education, healthcare, and cultural participation. They
include:
- Right to work and just and favorable conditions of work
- Right to education, including free and compulsory primary education
- Right to adequate housing and standard of living
- Right to healthcare and access to essential medicines
- Right to food and clean water
- Right to social security and an adequate standard of living
- Right to enjoy and participate in cultural life
3. Right to Life and Personal Liberty (Article 21): Migrant workers have the
right to life and personal liberty, which includes protection from exploitation,
forced labor, and inhumane working conditions. Violations of these rights
occur when migrant workers are subjected to unfair labor practices, unsafe
working conditions, and non-payment or delayed payment of wages.
4. Right to Equality of Opportunity in Public Employment (Article 16):
Migrant workers have the right to equal opportunity in public employment.
However, they may face barriers and exclusion when it comes to government
jobs, as preference is often given to local residents.
5. Right to Social Security (Article 41): Migrant workers are entitled to social
security benefits, including access to healthcare, housing, and other welfare
schemes. However, due to their temporary and informal employment status,
they often face challenges in accessing these benefits.
6. Right to Education (Article 21A): Children of migrant workers have the
right to free and compulsory education. However, they often face barriers in
accessing quality education due to their mobility, language barriers, and lack
of proper infrastructure in areas where they migrate.
Common violations of constitutional rights experienced by migrant workers in
India include:
National Level:
1. Right to Equality: Mentally and physically challenged people have the right
to equal treatment and non-discrimination under national laws. They should
not face discrimination based on their disability in any aspect of life, including
employment, education, healthcare, and access to public services.
2. Right to Education: Mentally and physically challenged individuals have the
right to inclusive and quality education. National laws often emphasize the
provision of reasonable accommodations, specialized support, and accessible
educational environments to ensure their full participation and equal
opportunities in education.
3. Right to Health: People with disabilities have the right to the highest
attainable standard of physical and mental health. National laws may focus on
providing accessible healthcare services, rehabilitation, and necessary assistive
devices to support their health and well-being.
4. Right to Employment: Mentally and physically challenged individuals have
the right to work and earn a living on an equal basis with others. National laws
promote equal employment opportunities, reasonable accommodations, and
the elimination of discrimination in the workplace.
5. Right to Accessibility: Persons with disabilities have the right to access the
physical environment, transportation, information, and communication.
National laws often require the removal of barriers and the promotion of
accessible infrastructure, technologies, and services to ensure their full
participation in society.
International Level:
1. Convention on the Rights of Persons with Disabilities (CRPD): The CRPD,
adopted by the United Nations in 2006, is an international treaty that sets out
the rights and protections for persons with disabilities. It covers a wide range
of rights, including equality, accessibility, education, employment, health, and
participation in political and public life.
2. Universal Declaration of Human Rights (UDHR): The UDHR, a
foundational document adopted by the United Nations in 1948, recognizes the
equal and inalienable rights of all individuals, including those with disabilities.
It serves as a guiding principle for the protection of human rights, including
the rights of mentally and physically challenged people.
3. International Covenant on Economic, Social and Cultural Rights (ICESCR):
The ICESCR guarantees the right to education, health, work, and social
security, among other rights, for all individuals, including those with
disabilities. It emphasizes the importance of non-discrimination and equal
opportunities in these areas.
4. International Covenant on Civil and Political Rights (ICCPR): The ICCPR
protects civil and political rights for all individuals, without discrimination. It
includes provisions that safeguard the rights of mentally and physically
challenged people to equality, privacy, liberty, and access to justice.
These international and national rights frameworks provide a foundation for
the protection and promotion of the rights of mentally and physically
challenged people, aiming to ensure their full inclusion, dignity, and equal
opportunities in all aspects of life. Efforts are ongoing at both levels to
promote awareness, advocate for policy changes, and improve the
implementation of these rights to enhance the lives of individuals with
disabilities.
Differences:
1. Legal Enforceability: The UDHR is a non-binding declaration adopted by
the United Nations General Assembly. It sets out the principles and standards
for human rights but does not have the force of law. In contrast, the
fundamental rights in the Indian Constitution are legally enforceable, and
individuals can approach courts to seek remedies in case of violations.
2. Socio-economic Rights: The Indian Constitution's fundamental rights
include socio-economic rights such as the right to education, right to work,
right to health, and the right to a clean environment. These rights recognize the
importance of ensuring social and economic justice and address inequalities.
The UDHR, while affirming the importance of socio-economic well-being,
does not explicitly include these rights.
3. Reservation Policies: The Indian Constitution provides for affirmative
action through reservation policies, aiming to address historical social and
economic disparities. These policies reserve a certain percentage of seats and
employment opportunities for disadvantaged groups. The UDHR does not
explicitly address reservation policies.
4. Right against Untouchability: The Indian Constitution includes the right
against untouchability as a fundamental right (Article 17), specifically
addressing the historical practice of social discrimination based on caste. The
UDHR does not specifically mention untouchability.
While the UDHR sets out universal principles of human rights, the Indian
Constitution's fundamental rights reflect the specific needs and socio-political
context of India. The Indian Constitution expands upon the UDHR by
including additional rights and addressing historical injustices. Both
documents contribute to the protection and promotion of human rights, albeit
with some variations in scope and legal enforceability.
2. Powers of the NHRC and SHRCs: The Act empowers the NHRC and
SHRCs to investigate complaints of human rights violations, intervene in legal
proceedings, visit places of detention, review and recommend measures for the
improvement of human rights situations, and inquire into violations by armed
forces personnel. These powers demonstrate the Act's focus on protecting and
upholding human rights.
3. Expanding the Scope of Human Rights: The Act recognizes that human
rights extend beyond civil and political rights and encompass economic,
social, and cultural rights. It enables the NHRC and SHRCs to examine
violations of all human rights, including those related to socio-economic
conditions, labor rights, environmental issues, and issues faced by vulnerable
groups.
4. Complaint Mechanism: The Act establishes a complaint mechanism through
which individuals or groups can approach the NHRC or SHRCs to seek
redress for human rights violations. This mechanism provides a platform for
victims or those acting on their behalf to seek justice, compensation, and
remedial measures.
While the Protection of Human Rights Act, 1993, does not explicitly define
human rights, it establishes institutions and mechanisms to protect and
promote human rights in India. It recognizes the comprehensive nature of
human rights, empowering the NHRC and SHRCs to address violations across
various spheres of life. The Act underscores the importance of promoting
human rights awareness, investigation of violations, and taking necessary
measures to uphold and enforce human rights principles.
b) Explain in brief UDHR & write down the articles of the same.
ANS:-
The Universal Declaration of Human Rights (UDHR) is a milestone document
in the history of human rights. It was adopted by the United Nations General
Assembly on December 10, 1948, and serves as a global standard for the
promotion and protection of human rights. The UDHR proclaims the
fundamental rights and freedoms that are inherent to all individuals, regardless
of their nationality, race, religion, or any other status. It consists of 30 articles
that outline the rights and principles that every person is entitled to. Here are
the articles of the UDHR:
Preamble:
The Preamble sets out the underlying principles and aspirations of the UDHR,
emphasizing the inherent dignity and equal rights of all members of the human
family.
Articles:
1. Right to equality and non-discrimination
2. Right to freedom from discrimination based on race, color, sex, language,
religion, political or other opinion, national or social origin, property, birth, or
other status
3. Right to life, liberty, and security of person
4. Prohibition of slavery and forced labor
5. Prohibition of torture, cruel, inhuman, or degrading treatment or punishment
6. Right to recognition as a person before the law
7. Right to equality before the law and equal protection of the law
8. Right to effective remedy for violations of rights
9. Prohibition of arbitrary arrest, detention, or exile
10. Right to a fair and public hearing by an independent and impartial tribunal
11. Right to be presumed innocent until proven guilty
12. Right to privacy and protection of the family, home, and correspondence
13. Right to freedom of movement and residence within borders
14. Right to seek asylum from persecution in other countries
15. Right to nationality and not to be arbitrarily deprived of nationality
16. Right to marriage and family life
17. Right to own property and not to be arbitrarily deprived of property
18. Freedom of thought, conscience, and religion
19. Freedom of opinion and expression
20. Right to peaceful assembly and association
21. Right to participate in the government of one's country
22. Right to social security and economic rights
23. Right to work, just and favorable conditions of work, and protection
against unemployment
24. Right to rest and leisure, including reasonable working hours and paid
holidays
25. Right to a standard of living adequate for health and well-being, including
food, clothing, housing, and medical care
26. Right to education
27. Right to participate in cultural life and enjoy the benefits of scientific
progress
28. Right to a social and international order in which the rights and freedoms
set forth in the UDHR can be fully realized
29. Duties and responsibilities in the exercise of rights
30. Freedom from interference in the enjoyment of rights and freedoms