INTRODUCTION TO HUMAN RIGHTS

AND DUTIES

UNIT 1

Sayali M.P. Chandekar

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HUMAN RIGHTS are fundamental inalienable rights that you
have just by virtue of the fact that you are a person. Although govt. can
pass laws to protect your human rights, human rights are rights
believed to be granted by God or by some higher power and everyone
has human rights even if legislation doesn't protect them or if
Oppressive government do not respect them

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 HUMAN RIGHTS

THE UNITED NATIONS has defined a broad range of

internationally accepted rights,
including civil, cultural, economical, political and social
rights.
It has also established mechanism to promote and
protect these rights and to assist states in carrying out their
responsibilities.

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1. Civil rights

2. Political rights

3. Social Rights

4. Cultural Rights

5. Economical Rights

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 JOURNEY OF HUMAN
RIGHTS

 Universal declaration of human

rights 1948- The idea of human rights is
not established with establishment of United
Nations. Its root we can found since ancient
era .

 In 1948 The United Declaration established

and enlightened the concept of Human
Rights under International community.
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 VALUE

ETHICS DIGNITY
AND
MORALS
UNITY IN
DIVERSITY

JUSTICE LIBERTY

EQUALITY

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 VALUES

• Value in general is a part of philosophy

• It plays significant role in promotion and realization of human rights

“The value concept.. (is) able to

unify the apparently diverse
interest of all sciences
concerned with human
behaviour” …. Rokeach 7
Basic Values
• Life
• Liberty
• Security
• Freedom
• Success
• Security to life
• Kindness
• Pain and pleasure

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 DIGNITY

 It prescribes the norms and ethical standards needs to be

followed and adopted. It teaches us not to create a situation
wherein others are made to undergo either emotional ,
psychological, physical, tense situation. Or to harm their
personality
 All are deserves to be treated with utmost respect without
harming the dignity of others at all times.
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• Ancient concept
• Has its roots in modern philosophy
• Philosophers- Hobbes, Lockes, Roussea
• UN took number of steps for the promotion of human right and
liberty.
• Duty of nation states to adhere to the principles of International law
and human rights respecting to the concept of liberty of other nations
and their citizens.

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 EQUALITY

• It Proposes To Bring All The People Into One Category And Apply
Principles Of Law And Justice
• UDHR- to treat all the people on an equal footing without any
kind of discrimination.

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 JUSTICE

• It attracted no. of fields especially

law and philosophy
• To achieve perfect justice –
equality, morality and ethics
required

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 ETHICS AND
MORALS

EQUAL
CONCEPT

• ETHICS lays its importance on A social system , which regulates

the code of conduct of A group of individual
• MORALS need to applied in each society depending on the values
that are acceptable by the society

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 UNITY in DIVERSITY

Social , Economical, Political, cultural have to live like single

FAMILY

Means , the different faiths and characters that people posses have
to live in a compatible manner under a single legal roof governed by
a state.

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 MEANING AND
SIGNIFICANCE OF
HUMAN RIGHTS

• According to UN decade document for human rights

education (1995-2004), human rights education means, “ a
lifelong process by which people at all levels of development
and in all strata of society learn respect for the dignity of
other and the means and methods of ensuring that respect in
all societies.
• Main AIM of HRE- to achieve principles of democracy ,
rule of law, and social justice.

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 UNIT -2
Perspective of rights and
duties

RIGHTS and
DUTIES

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RIGHTS
1. ETYMOLOGY OF RIGHTS
2. MEANING OF RIGHTS
3. ANALYSIS OF RIGHTS
4. NATURAL RIGHTS
5. LEGAL RIGHTS
6. CLAIM RIGHTS AND LIBERTY
7. POSITIVE AND NEGATIVE RIGHTS
8. INDIVIDUAL AND GROUP OF RIGHTS
9. UNIVERSAL RIGHTS

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Right- right in its objective sense is described as right or just actions
that an individuals have to discharge to maintain harmonious
relationship between themselves.

It is a Legal sanction

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 Analysis Of Rights

RIGHTS- 1. FORM ( Internal structure of rights)

2. FUNCTION ( rights do for those who hold them)

CLAIM AND DUTY

RIGHT

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 A free Human

NATURAL RIGHTS

LIFE FREEDOM
FREE WILL/LIBERTY

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 LEGAL RIGHTS

Rights that are guaranteed to citizen of a

country by law to enjoy certain fear
without any fear or favour.

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 DUTIES
1. Obligation and duty
2. Concept
3. Types –
a. Natural and acquired
b. Positive and Negative
c. Perfect and Imperfect
d. Prima facie and all things considered as Duties

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ROLE OF NATION

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Relationship • One’s rights implies the other’s
Between
duty
Rights and
Duties • One’s right implies one’s duty to
recognize similar rights of others
• One should exercise his rights for
the promotion of social good.
• As the State guarantees and
protect the rights of everybody ,
one has a duty to support the
State

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 INTRODUCTION TO
TERMINOLOGY OF VARIOUS
LEGAL INSTRUMENTS
LEGAL INSTRUMENTS

• IN international law to regulate the day to day relations between the

states, they enter into a number of agreements. These agreements
establish legal relations between states and crystallize the rules of
international law to maximum extent.
• The different names of the various legal instruments are treaties,
covenants charter, conventions, protocol, and declaration .

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In International law , any agreement or treaty negotiated or signed by
states will not automatically come into force. In the negotiating stage
itself , depending upon the number of states willing to sign the
document, they fix a certain number of states to ratify such agreement.
After ratification of such no. of member states, the particular documents
will come into operation.
Even if an instrument has come into existence due to ratification , it will
be binding only on those states , which have ratified the treaty , and
not applicable to states who signed.

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 SIGNING (agreement RATIFICATION
between national ( approval of agreement by
delegations) the state)

• A number of steps need to • Once the treaty has been

be taken before a treaty signed , each state will deal

Difference enters into force with it according to its own

between • The states involved first national procedures.
Signing and conduct negotiations • Ratification requires the
Ratification • Once they reach agreement, approval in accordance
the treaty is signed . with national procedure
• By signing a treaty , a state • The treaty is officially
expresses the intention to binding on the state.
comply the treaty.
However, this expression of
intent in itself is not
binding. 27
 1 6
TREATIES Legal Instruments DECLARATION

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2 COVENANTS PROTOCOL

3 CHARTER 4CONVENTIONS

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• Treaty – to develop the legal principles and to state the binding
nature of legal instruments , the convention was adopted namely
Vienna Convention on the Law and Treaties 1969.
• Treaty is an international agreement entered between states in a
writing firm, regulated by the principles of international law whatever
my be the title of such agreement .
• Bilateral Treaty- any agreement entered between two nations
confining to the matters relating to them with specific interest between
them. E.g.- India entered a treaty with USA for the supply of Nuclear
energy is a bilateral treaty.
• Multilateral Treaty – an agreement entered by
majority of states to establish new principles of International law

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• A CONVENTION AND COVENANT – A Convention or Covenant
is a multilateral agreement entered by states to bring in new norms
or to settle existing conflicting norms of international law.
Eg- the covenants on Civil And Political Rights , Economic , Social And
Cultural Rights have led to every government to give effect to a number
of rights and duties guaranteed to individual by the states

• DECLARARTION
Declaration being primarily policy document which only enlists the
views of an international organization it has no legal validity and no
binding nature on states.

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A PROTOCOL is diplomatic word used in International
relations. However, in the perspective of international
agreements , if any agreement entered in to by the states parties
and later they want to incorporate or remove any provision they
have to adopt modifications. These modifications will generally be
in written form and need to be adopted after all the formalities are
completed , and the annexed to the main agreement .
In case if a state ratifies a convention, and has not ratified the
protocol then such protocol will not be applicable to such states,
which have not ratifies .
E.g.- India signed the Covenant on civil and political rights but
has not ratified the protocols. Accordingly, no citizen can
complain to UNHRC for the violation of their rights by the states if
no remedy is available nationally. 31
• CHARTER- any legal document or agreement entered by sovereign
states defining the principles of the functioning , structure and powers
of an international organization is referred to as a Charter or statue.
• Eg.- Charter of United Nations.

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 United Nations And
Human Rights
Human rights are rights inherent to all human
beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status. Human rights
include the right to life and liberty, freedom from
slavery and torture, freedom of opinion and expression,
the right to work and education, and many more. 
Everyone is entitled to these rights, without
discrimination.
International Human Rights Law
International human rights law lays down the
obligations of Governments to act in certain ways or to
refrain from certain acts, in order to promote and
protect human rights and fundamental freedoms of 33
individuals or groups.
 United nations
organization has
six Principal
Organs

General Trusteeship
assembly council

Secretariat
Security
council
Economic and International Court of Justice
social council

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 GOALS

1. Eradicate Extreme Hunger And Poverty

2. Achieve Universal Primary Education
3. Promote Gender Equality And Women Empowerment
4. Reduce Child Morality
5. Improve Maternal Health
6. Combat HIV/AIDS, Malaria, And Other Diseases
7. Ensure Environment Sustainability
8. Develop Global Partnerships Fro Development

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Article 1.
All human beings are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which
a person belongs, whether it be independent, trust, non-self-governing
or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
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Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade
shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the
law.
Article 7.
All are equal before the law and are entitled without any discrimination to
equal protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement
to such discrimination.
Article 8.

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Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights granted
him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights
and obligations and of any criminal charge against him.

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 The concept of Human Rights was first stated
in the provisions of the Charter of the UN in 1945.
in order to expand them, it later constituted a
human rights committee. Basing on the draft
prepared by the Committee on December 10,
1948 the General Assembly adopted the Universal
Declaration of Human Rights. As a mark of
respect, every year , December 10 is Celebrated as
the Human Rights Day.

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THANK YOU

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