CHAPTER IST

Concept of Human rights:

Human rights refer to the “basic rights and freedoms to which all humans are entitled. And
are regularly protected by municipal or international law.These are available to every
human being irrespective of their age, caste, creed, gender, religion, race, origin or location
They are commonly understood as inalienable, fundamental rights “to which a person is
inherently entitled simply because she or he is a human being”
Justice M.H Beg – “Human Rights imply justice, equality, and freedom from arbitrary and
discriminatory treatment”.
The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as-“Rights
derived from the inherent dignity of the human person.”
DEFINITION OF HUMAN RIGHTS AS PER THE UNITED NATIONS:
“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.”
Historical development of the concept of Human rights
Pre World War Developments:
The origins of human rights may be found both in Greek philosophy and the various world
religions. In the Age of Enlightenment (18 th century) the concept of human rights emerged
as an explicit category. Man/woman came to be seen as an autonomous individual,
endowed by nature with certain inalienable fundamental rights that could be invoked
against a government and should be safeguarded by it. Human rights were henceforth seen
as elementary preconditions for an existence worthy of human dignity.
Before this period, several charters codifying rights and freedoms had been drawn up
constituting important steps towards the idea of human rights. The first -were the Magna
Charta Libertatum of 1215, the Golden Bull of Hungary (1222) charter , The petition of
Rights 1628 and the English Bill of Rights of 1689. These documents specified rights, which
could be claimed in the light of particular circumstances (e.g. threats to the freedom of
religion).The term human rights appeared for the first time in the French Déclaration of
Rights of Man (1789)
The Enlightenment was decisive in the development of human rights concepts. The ideas
of Hugo Grotius (1583-1645), one of the fathers of modern international law, of Samuel von
Pufendorf (1632-1694), and of John Locke (1632-1704) attracted much interest in Europe in
the 18th century. Locke, for instance, developed a comprehensive concept of natural rights;
his list of rights consisting of life, liberty and property.
The American Declaration of Independence of 4 July 1776 was based on the assumption
that all human beings are equal.
The French Déclaration of rights of Man of 1789, as well as the French Declaration of 1793,
reflected the emerging international theory of universal rights.
In the 19th century, there were frequent inter-state disputes in connection with the
protection of the rights of minorities in Europe. These conflicts led to several humanitarian
interventions and called for international protection arrangements. One of the first such
arrangements was the Treaty of Berlin of 1878.
The need for international standards on human rights was first felt at the end of the 19 th
century, when the industrial countries began to introduce labour legislation.
Post World War Developments:
The atrocities of World War II put an end to the traditional view that states have full liberty
to decide the treatment of their own citizens. The signing of the Charter of the United
Nations (UN) on 26 June 1945 brought human rights within the sphere of international law.
The Charter contains a number of articles specifically referring to human rights. Less than
two years later, the UN Commission on Human Rights (UNCHR),which was established
early in 1946, submitted a draft Universal Declaration of Human Rights (UDHR). The UN
General Assembly (UNGA) adopted the Declaration in Paris on 10 December 1948. This day
was later designated Human Rights Day.It is a milestone document defining every human
right.
During the 1950s and 1960s, more and more countries joined the UN. Since the 1950s, the
UDHR has been backed up by a large number of international conventions. The most
significant of these conventions are the International Covenant on Civil and Political Rights
(ICCPR) and the International Covenant on Economic, Social and Cultural Rights
(ICESCR).These two Covenants, together with the UDHR, form the International Bill of
Human Rights.
Human rights have been interpreted by different communities and countries in different
ways. As history took form over time, human rights have also gained new meanings and
definitions. It is important to Safeguard these vital rights which can help establish peace
and restore people’s faith in humanity
Characteristics of Human Rights
1) These rights are essential and fundamental
2) Human rights are universal- The rights do not discriminate against the people.
3) Not absolute– Human rights are never absolute. Each right has its limitations which
is imperative to public health, order and morality. These rights are not unbridled.
4) Inalienable– Human rights are inalienable in nature. Nobody can deprive a person of
these rights. They cannot be given away or be forfeited
5) Interdependent– Human rights are interdependent on other rights.
6) Dynamic– These rights are not static. They can be modified according to the
prevailing situations and conditions.
7) Irrevocable– The human rights are irrevocable; they cannot be taken away by
anybody. No power or authority can take away these basic rights from a person.
8) Connected with dignity– These human rights are deeply connected with the dignity
of the individuals living in a society.
 9) Human rights are inherent– The rights cannot be brought or borrowed from
somewhere or someone. There rights are naturally existing.
CLASSIFICATION OF HUMAN RIGHTS:
The division of human rights into three generations was first proposed by Karel Vasak at the
International Institute of Human Rights in Strasbourg. His division follows the principles of
Liberté, Égalité and Fraternité of the French Revolution.
First generation rights are related to liberty and refer fundamentally to civil and political
Rights. Both these rights are covered in the International Covenant on Civil and Political
Rights. These form a part of negative rights because the government abstains from doing
such activities or forming policies that violate these rights.
The second generation rights are related to equality, including economic, social and
Cultural rights. These are also included in the International Covenant on Economic, Social
and Cultural Rights. These form a part of positive rights as the state is required to frame
policies and provisions to implement such rights.
Third generation or ‘solidarity rights’ cover group and collective rights, which Include, inter
alia, the right to development, the right to peace and the right to a clean Environment,right
to self determination.
THEORIES ON HUMAN RIGHTS
Several theoretical approaches have been advanced to explain how and why the concept
of human rights developed .The two theories that dominate contemporary human rights
discussion are the interest theory and the will theory.
INTEREST THEORY
The Interest theory was propounded by Jeremy Bentham (1748-1832), Interest theory holds
that the principal function of human rights is to protect and promote the essential human
interests possessed by all human beings.Interest theory argues that the principal function
of human rights is to protect and promote certain essential human interests,
Interest theory argues that the principal function of human rights is to protect and promote
certain essential human interests,

WILL THEORY
H.L. Hart (1907–1992) presented the will theory and emphasized the value of individual
independence or liberty. He primarily concentrated on the freedom of every person, which
means that in the beginning, freedom and well-being are the two prerequisites for a
rationally purposeful actor. They serve as the fundamental criteria for a human being,
which is defined as having the capacity to act logically and with purpose. Nevertheless,
everyone has a right to access them. It Attempts to establish the validity of human rights
based on the unique human capacity for freedom.
Both of these theories, however, have their limitations as well, based on the Will Theory’s
absence of non-transferable rights and the cognitive skills of the right holders, and the
Interest Theory’s limited interests and third-party interests.

U.N charter and Human Rights

The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the
conclusion of the United Nations Conference on International Organization, and came into
force on 24 October 1945. Human Rights, since the inception of the United Nations, have
been an important part of its purposes, ideals and functions. Human rights are mentioned
as early as in the Preamble of the UN Charter of the United Nations, emphasizing that the
UN Organization seeks “to reaffirm faith in fundamental human rights, in the dignity and
worth of the human person, in the equal rights of men and women and “to promote social
progress and better standards of life in larger freedom”.
The Charter’s operative part contains 7 articles with explicit references to human rights,
making the subject one of the central themes of the legal instrument. In 1948, the Universal
Declaration of Human Rights brought human rights into the realm of international law.
Since then, the Organization has diligently protected and promoted human rights through
legal instruments and on-the-ground activities.
Accordingly, a number of provisions of the Charter have incorporated human rights. They
are as follows:
1. Article 1 of the Charter lays down the purposes of the United Nations. :Accordingly, it is
one of the duties of the UN as a world body to take necessary steps to achieve international
co-operation in order to reduce the inequalities of economic, social, and cultural aspects.
It also oversees to promote and encourage the nation-states to respect the human rights
of man and the promotion of all the fundamental freedoms without any distinction to race,
sex, language or religion.
2. Article 13 The General Assembly shall initiate studies and make recommendations for
the purpose of: promoting international co-operations in the economic, social, cultural,
educational, and health fields, and assisting in the realization of human rights and
fundamental freedoms for all without distinction as to race, sex, language, or religion.
3. According to Article 55, provides that U.N shall promote ;
(a) higher standard of living,full employment and conditions of economic and social
progress and development;
(b) Solutions of international economic,social , health and related problems and
international cultural and educational cooperation and
(c) universal respect for and observance of human rights and fundamental freedoms for all
without distinction as to race ,sex, language,or religion.
4.Article 56: provides that the members of the united Nation pledge themselves to take
joint and seperate action in cooperation with the organization for the achievement of the
purposes set forth in Article 55.
5.Article 62: Authorizes the economic and social council to make recommendations for
the purpose of promoting respect for and observance of human rights and fundamental
freedoms for all.
6.Article 68: Directs The Economic and Social Council to set up commissions in economic
and social fields and for the promotion of human rights, and such other commissions
as may be required for the performance of its functions.
7.Article 76(c) , stipulated that one of the basic objectives of trusteeship system is to
encourage respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion, and to encourage recognition of the
interdependence of the peoples of the world.

CHAPTER II

UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) 1948.

The Universal Declaration of Human Rights (UDHR) is a document that acts like a global
road map for freedom and equality – protecting the rights of every individual, everywhere. It
was the first time countries agreed on the freedoms and rights that deserve universal
protection in order for every individual to live their lives freely, equ­­ally and in dignity.

The UDHR was adopted by the newly established United Nations on 10 December 1948, in
response to the “barbarous acts which outraged the conscience of mankind” during the
Second World War. Its adoption recognized human rights to be the foundation for freedom,
justice and peace.It was adopted at the Palais de Chaillot, in Paris, France.
Work on the UDHR began in 1946, with a drafting committee appointed by comission on
Human rights chaired by Eleanor Roosevelt ( the first lady of US from 1933 – 1945)
comprising of representatives of different states including USA ,U.K ,China etc . After
deliberations and discussions UDHR was finally adopted by the General Assembly on 10
December 1948 .
The Universal Declaration of Human Rights, along with the International Covenant on Civil
and Political Rights with its two Optional Protocols, the International Covenant on
Economic, Social, and Cultural Rights along with its Optional Protocol, forms the
International Bill of Human Rights.
The declaration consists of 30 Articles besides a preamble .
PREAMBLE:
The preamble of UDHR provides for recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of freedom.justice
and peace in the world.
ENUMERATION OF RIGHTS IN UDHR:
The declaration consists of 30 Articles .it enumerated the basic postulates and principles
of human rights in a most comprehensive manner .out of 30 Articles 21 articles enumerate
civil and political rights and 6 articles cover economic & social rights .
CIVIL AND POLITICAL RIGHTS INCLUDE:
Articles 1-2 : These articles conveyed the fundamental ideas of liberty, equality, and dignity.
Article 3-5 : Article 3-5 stresses upon the protection of other fundamental rights.They
include the right to life and the prohibitions against slavery and torture.
Article 6-11: The legitimacy of the underlying human rights is established by these articles.
They also outline legal actions a person may take to enforce their rights if they have been
violated.
Article 12-17 : It guarantees people’s rights in relation to their communities. Article 12-17
covers things like the right to nationality, the right to own property, the ability to move
around freely and live wherever one chooses, right to leave any country, right to seek and
enjoy asylum from persecution and right to marry and to found a family.
Articles 18-21: It mentions constitutional liberties. It covers the rights to freedom of free
speech, an association without violence, opinion and thinking expression, religion and
conscience practise, and the dissemination and receipt of information via any media &
right to participate in the govt.of his country

ECONOMIC AND SOCIAL RIGHTS:

Right to social security Art.22
Right to work and free choice of employment Art.23
Right to rest and leisure Art.24
Right to a adequate standard of living Art .25
Right to education Art .26
Right to participation in cultural life Art.27
Right to good social and international order.Art.28
LIMITATIONS :
However the declaration also lays down certain limitations under Art.29 to these rights
and freedoms meaning thereby the rights are not absolute but are subjected to restrictions
Art 29 enumerates that the rights shall be provided to the individuals subject to just
requirements of morality, public order and the general welfare in a democratic society.
LEGAL EFFECTS OF DECLARATION:
UDHR is also known as the contemporary Magna Carta of rights as it marks the first major
achievement of the UN in the field of human rights . The declaration was not intended to be
legally binding and therefore it did not impose any legal obligations on the states to give
effects to its provisions. The declaration was only a recommendation ,thus not strictly
binding on the states . However the declaration serves a great purpose for it inspires
everybody to work for the progressive realisation of the ideals of human rights.
INDIAN CONTEXT:
India being a signatory to the declaration has always tried to uphold the ideals of UDHR The
phrase dignity of the individuals as used in preamble part III( FRs) and part IV ( DPSP ) bear
a close resemblance to the universal declaration. Consequently a no.of Fundamental
rights are similar to the provisions of the declaration like;
Equality before law - UDHR art.7 - Indian const. Art .14
Freedom of speech & expression -UDHR art.19- Indian const.art 19(1)(a)
Protection of life nd personal liberty – UDHR art.3 – Indian const.art.21
Protection of slavery and forced labour – UDHR art.4- Indian const.art 23
Freedom of religion – UDHR art.18- Indian const. Art 25(1)
Remedy for enforcement of rights – UDHR art.8- Indian const.art.32

The supreme court through various judgements have paid due regards to the UDHR. In
Kesavananda Bharti v state of Kerala 1973; the sc observed that the UDHR may not be a
legally binding instrument but it shows how India understood the nature of Human rights at
the time the constitution was adopted .
Chairman Railway Board and others v. Mrs.chandrima Das 2001
The sc observed that the declaration has the international recognition as the Moral code of
conduct having been adopted by the General assembly of the UN . The applicability of the
UDHR and the principles thereof may have to be read if needed into the domestic
jurisprudence .

II-THE COVINENT ON CIVIL AND POLITICAL RIGHTS 1966:

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty
adopted by the United Nations General Assembly on 16 December 1966.
It came into force on 23 March 1976. The treaty commits its parties to respect the civil and
political rights of individuals including, freedom of religion, right to life, freedom of
assembly, electoral rights and rights to due process and a fair trial.
About 173 countries are parties to the Covenant.
The ICCPR is part of the International Bill of Human Rights, along with the International
Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration
of Human Rights (UDHR).
The United Nations Human Rights Committee is responsible for overseeing the
implementation of the ICCPR.
The ICCPR is composed of approximately 53 articles which are divided into 6 parts and
also consists of 2 optional protocols .
In parts I,II,and III various rights and freedoms are enumerated,the other three parts are
devoted with implementation procedures for effective realisation of these rights.

Part I- Article 1- This article recognizes the right of all peoples to self-determination,
including the right to “freely determine their political status”, pursue their economic, social
and cultural goals, and manage and dispose of their own resources.
Part II- Articles 2 – 5 These articles allow signatories to develop legislation to effectuate
the rights recognized in the Covenant, and to provide a legal remedy in case of violation of
such rights. It stipulates the rights and obligations of the state parties to the covenant.
SUBSTANTIVE RIGHTS: It consists of following
The right to life art.6
Freedom from inhuman and degrading treatment art.7
Freedom from slavery ,servitude and forced labour art.8
Right to liberty and security art.9
Right of detune to be treated with humanity art.10
Freedom from imprisonment for inability to fulfill a contractual obligation art.11
Freedom of movement and residence art.12
Right to fair trial art.14
No retroactive application of criminal law art.15
Right to recognition as a person before law art.16
Right to privacy art.17
Freedom of thought, conscience and religion art.18
Freedom of opinion and expression art .19
Right of peaceful assembly art.21
Freedom is association art.22
Rights of the child art.24
Equality before law art.26
Rights of minorities art.27
Limitations:
The above rights set forth in the covenant are not absolute and are subject to certain
limitations. But the limitations differ from Article to Article.
The covenant is a legally binding treaty and the state parties are legally bound to give effect
to its provisions.

Implementation procedure:
Part IV- of the covenant laid down the procedure for implementation .A provision was made
for the establishment of the Human rights committee which is the monitoring body under
the covenant consisting of 18 members elected among the nationals of state parties ,who
must be of high moral character and possess recognised competence in the field of human
rights . Members are elected by secret ballot. For a term of 4 years .
Further Articles 28 – 45 establish the guidelines for how the Human Rights Committee will
operate, as well as the reporting and monitoring of the Covenant. It also enables the
signatories to recognize the authority of the committee to resolve the disputes between
signatories on the implementation of the ICCPR.
Importance
The ICCPR was a trailblazer in the field of Human Rights enforcements, this is because the
Universal Declaration of Human Rights adopted in 1948 was majorly persuasive in nature
and didn’t have any binding powers as such. Therefore, the ICCPR was made with the
intent of bearing legal power, in the sense that those countries which sign and ratify the
treaty, have to then abide by its provisions and will be held liable for violation of those
rights. Many countries that ratified the ICCPR also agreed that the Human Rights
Committee may investigate allegations by individuals and organisations that the state has
violated their rights.

Opinion protocols :- There are two opinion Protocols to the Covenant. The first one
established an individual complaints mechanism allowing individuals to complain to the
Human Rights Committee about violations of the Covenant. As of 2019, there are 116
countries that are party to the first Protocol. The second opinion Protocol abolishes the
death penalty, however, it allows the States to implement death penalty for the most
serious crimes of military nature, committed during wartime. As of 2019, the second
opinion Protocol has 87 parties.

Civil and political rights in emergency:

Article 4: . In time of public emergency which threatens the life of the nation and the
existence of which is officially proclaimed, the States Parties to the present Covenant may
take measures derogating from their obligations under the present Covenant to the extent
strictly required by the exigencies of the situation, provided that such measures are not
inconsistent with their other obligations under international law and do not involve
discrimination solely on the ground of race, colour, sex, language, religion or social origin.
No derogation from articles 6, 7, 8 ,11, 15, 16 and 18 may be made under this provision.
India and the ICCPR
India is a party to the International Covenant on Civil and Political Rights
The Constitution of India guarantees the Right to Protest, publicly question and force the
government to answer as per Article 19.
Article 19 (1) (a) states that all citizens shall have the right to freedom of speech and
expression.
Article 19 (1) (b) states that all citizens shall have the right to assemble peaceably and
without arms.
However, the State can impose reasonable restrictions on the exercise of right of assembly
on two grounds, namely, sovereignty and integrity of India and public order including the
maintenance of traffic in the area concerned.

III-COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS 1966:

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a
multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December
1966 and came into force on 3 January 1976.The ICESCR is one of the most influential and
comprehensive international documents in the area of social and economic rights. It
commits its parties to work toward the granting of economic, social, and cultural rights
(ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories.
The rights include labour rights, the right to health, the right to education, and the right to
an adequate standard of living. As of February 2024, the Covenant has 172 parties.

The covenant consists of 31 articles which are divided into five parts . Part I deals with
the rights of people to self – determination and other rights are enumerated in part III of the
covenant.
The ICESCR guarantees a comprehensive range of substantive rights including:
The right to self-determination (Article 1);
Equal rights for men and women (Article 3);
The right to work (Article 6);
The right to just and favourable conditions of work (Article 7);
The rights of workers to organize and bargain collectively (Article 8);
The right to social security and social insurance (Article 9) and protection and assistance
for the family (Article 10);
The right to an adequate standard of living (Article 11) which includes:
Adequate food
Adequate clothing
Adequate housing;
The right to freedom from hunger (Article 11);
The right to the highest attainable standard of physical and mental health, including the
right to health care (Article 12);
The right to education (Article 13); and
The right to culture and to benefit from scientific progress (Article 15)

State Obligations under the ICESCR:

Article 2 describes the nature of the legal obligations under the ICESCR and the manner
in which States parties should approach implementation of the substantive rights. States
parties are required to take steps to the maximum of their available resources with a view
to achieving progressively the full realization of ICESCR rights by all appropriate means. The
Limburg Principles on the Implementation of the International Covenant on Economic,
Social and Cultural Rights state that legislative measures alone are not sufficient:
administrative, judicial, policy, economic, social and educational measures will be
required by governments to ensure ICESCR rights.
It Binds States parties to guarantee that all rights within the ICESCR will be exercised
without discrimination of any kind as to race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status.

Committee on Economic, Social and Cultural Rights:

The Committee on Economic, Social and Cultural Rights is a body of human rights experts
tasked with monitoring the implementation of the Covenant. It consists of 18
independent human rights experts, elected for four-year terms, with half the members
elected every two years .All states parties are required to submit regular reports to the
Committee outlining the legislative, judicial, policy and other measures they have taken to
implement the rights affirmed in the Covenant. The first report is due within two years of
ratifying the Covenant; thereafter reports are due every five years. The Committee
examines each report and addresses its concerns and recommendations to the State party
in the form of “concluding observations”.
The Committee typically meets twice every year in May and November in Geneva.

Optional Protocol to the International Covenant on Economic, Social and Cultural

Rights (OP-ICESCR):
The Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights (OP-ICESCR) was adopted by the United Nations General Assembly on 10
December 2008. It establishes mechanisms for bringing violations of economic, social and
cultural rights before the UN Committee on Economic, Social and Cultural Rights,
specifically: an individual complaints mechanism, an inter-state complaint mechanism
and an inquiry procedure.

UN CHARTER BASED BODIES FOR IMPLEMENTATION:

A no of bodies have been established under the UN system to promote and protect human
rights .The first and the foremost imp.human rights body was the commission on Human
Rights which was appointed by the Economic and social council and approved by the
General assembly on Feb.16 1946. But the commission was replaced by the Human Rights
council by the General assembly on March 15 2006.
HUMAN RIGHTS COUNCIL:
The United Nations Human Rights Council (UNHRC)[a] is a United Nations body whose
mission is to promote and protect human rights around the world.The Council has 47
members elected for staggered three-year terms on a regional group basis.The
headquarters of the Council are at the United Nations Office at Geneva in Switzerland.
The council as an intern governmental body is responsible for strengthening the promotion
and protection of human rights around the globe and for addressing situations of human
rights violations and make recommendations on them.

COMPOSITION OF THE HUMAN RIGHTS COUNCIL:

The council consists of 47 members who are elected directly and individually by secret
ballot by the majority of the members of the General assembly. The membership is based
on equitable geographical distribution I.e. 13 from African group .Asia-Pacific States: 13
seats, Latin American and Caribbean States: 8 seats,Western European and other States: 7
seats, Eastern European States: 6 seats
Members of the Council serve for a period of three years and are not eligible for immediate
re-election after serving two consecutive terms.
The UNGA has the power to suspend the rights of any Human Rights Council member if it is
found to have been constantly committing human rights violations during its tenure. The
suspension comes into effect with a ⅔ majority by the General Assembly.
Regular sessions of the UNHRC are held 3 times a year during the months of March, June
and September. Further the council can decide to hold special session at any time to
address Human rights violations and in emergencies at the request of one- third of the
members.
The main objectives of this Council are:
To investigate allegations of human rights abuse in member states of the UN.
Freedom of assembly;
Freedom of speech and expression;
Freedom of religion;
Protection of women’s rights; and
Protection of rights of the LGBT community and that of racial and ethnic minorities.
Procedures and Mechanisms:
The UNHRC executes its mission through the following working components:
Universal Periodic Review Working Group: UPR
The most innovative feature of the Human Rights Council is the Universal Periodic Review
(UPR).This unique mechanism involves a review of the human rights records of all 193 UN
member states once every four years. The Review is a cooperative, state-driven process,
under the auspices of the Council, which provides the opportunity for each state to present
measures taken and challenges to be met to improve the human rights situation in their
country and to meet their international obligations.
The mechanism is based on reports coming from different sources, one of them being
contributions from non-governmental organisations (NGOs).
Each country’s situation will be examined during a three-and-a-half-hour debate.
Advisory Committee:
This was created in 2007, with 18 members with mandate to conduct studies on
discriminatory practices and to make recommendations to ensure that racial, national,
religious, and linguistic minorities are protected by law .It serves as the Council’s “think
tank” providing it with expertise and advice on thematic human rights issues.
Complaint procedure:
This was set up for reporting of consistent patterns of gross and reliably attested violations
of human rights and fundamental freedoms in any part of the world and under any
circumstances
The UNHRC set up two working groups for its Complaint Procedure:
Working Group on Communications (WGC) consists of experts, which determine whether a
complaint deserves investigation, in which case it is passed to the WGS
Working Group on Situations (WGS) to examine the communications transferred to it by the
WGC
Special procedures:
Special procedures is the general name given to the mechanism established by the Human
Rights council to address either specific specific country issues or thematic issues in all
parts of the world. Special procedures with the support of the office of UN High
commissioner for Human Rights undertake country visits ,act on individual cases etc .
Other subsidiary bodies:
These include:
Expert Mechanism on the Rights of Indigenous Peoples
Forum on Minority Issues, which is a platform for promoting dialogue and cooperation on
issues pertaining to national or ethnic, religious, and linguistic minorities
Social Forum, a space for dialogue between the representatives of Member States, civil
society, including grass-roots organizations, and intergovernmental organizations on issues
linked with the national and international environment needed for the promotion of the
enjoyment of all human rights by all
FUNCTIONS OF THE COUNCIL:
The council performs the following functions;
a).Members of the council work to engage countries on improving human rights.
b).They make decisions ranging from exposing violations to recommending that UN
Security Council make referral to International Criminal Court (ICC).
c).It can also set up special rapporteurs with mandate to investigate and report human-
rights violations and abuses.
d).The council works closely with the Office of the High Commissioner for Human Rights
and engages the United Nations’ special procedures.
e).The council serves as a forum for dialogue on thematic issues on all human rights.
f).It makes recommendations to the General assembly for the further development of
International law in the field of HRs.
g). It works for promotion of human rights education and learning. Etc .
OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS
(OHCHR):
The office of the UN High commissioner for Human Rights was established by the General
assembly on December 20 ,1993 .It was made in the wake of the Vienna conference on
Human Rights of 1993 wherein it was stressed that a strong institutional machinery is
required to be established in order to promote and protect human rights effectively. The
office is located at Geneva .
The OHCHR is entrusted by the United Nations General Assembly (UNGA) with the
mandate to protect and promote all human rights for everyone all over the world. The
Office of the High Commissioner for Human Rights (UN Human Rights) is the leading UN
entity on human rights.
It plays a vital role in conserving the integrity of the 3 interconnected pillars of the United
Nations:
Human rights
Peace and security
Development
COMPOSITION OF OHCHR:
The OCHCR is headed by a High commissioner who is appointed by the secretary General
of the UN and is approved by the General Assembly. He shall be a person of high moral
standing.
The High Commissioner for Human Rights post is subject to the geographical rotation for a
fixed term of four years at the rank of under secretary General. He may be reappointed to
the post for another term of four years.
The UN Secretary-General selected him as the High Commissioner for Human Rights. And
is responsible for all the activities of the OHCHR.
It also consists of a Deputy to the High commissioner and Assistant secretary General.
The functions of OHCHR are to:
1.Promote universal enjoyment of all human rights by giving practical effect to the will and
resolve of the world community as expressed by the United Nations
2.Play the leading role on human rights issues and emphasize the importance of human
rights at the international and national levels
3.Promote international cooperation for human rights
4.Stimulate and coordinate action for human rights throughout the United Nations system
5.Promote universal ratification and implementation of international standards
6.Assist in the development of new norms
7.Support human rights organs and treaty monitoring bodies
8.Respond to serious violations of human rights
9.Undertake preventive human rights action
10.Provide education, information advisory services and technical assistance in the field of
human rights

ROLE OF AMNESTY INTERNATIONAL:

Amnesty International is a non-governmental organisation (NGO) that campaigns for
human rights recognised by the international community and enshrined in the Universal
Declaration of Human Rights. Amnesty International works with intergovernmental human
rights bodies to enforce the protection of human rights in international law.
It works on an international level and looks into human rights violations by governments,
armed political groups, companies, and other non-state actors. Amnesty International was
established by lawyer Peter Benenson and activist Eric Baker to seek enforcement of
human rights protections across the world.
HEADQUARTERS:
Amnesty International is headquartered in London, United Kingdom. The organization was
established in the UK itself in 1961 by British lawyer Peter Benenson and activist Eric Baker.
Amnesty International connects people from around the world who believe in fighting for
our human rights. Presently, the organization has around 10 million global members and
supporters. It’s offices are located at different countries.
Amnesty International – Structure:
Amnesty international operates through an international council, international Executive
committee, sections ,structures ,International Networks and international sectrait.
International council is the final authority for the conduct of the affairs of Amnesty
international consisting of the members of the international Executive committee and of
the representatives of sections .
International Executive Council comprises 8 members elected for 2 years. The
Secretary-General is the CEO of the International Secretariat and is assisted by a team of
Senior Directors. The current Secretary-General of Amnesty International is Agnès
Callamard.
International Secretariat is responsible for research, reporting, and providing legal analysis
.Aim of Amnesty International:
Amnesty International was established to ensure that every one of the global population
enjoys their human rights as stated in the Universal Declaration of Human Rights and other
international human rights instruments. Here are some of the aims of Amnesty –
Free all prisoners of conscience
Ensure fair and prompt trials
Abolish all forms of torture, ill-treatment of prisoners, and the death penalty
End state-sanctioned terrorism, killings, and disappearances
Assist political asylum-seekers.
End all forms of violence against women
Co-operate with organisations that seek to put an end to human rights abuses
Raise awareness about human rights abuses around the world
Raise awareness of the threat that poverty is to human dignity and the promotion of peace
and justice
The major areas that are covered by Amnesty International include –
Women’s, children’s, minorities’ and indigenous rights
Ending torture
Abolition of the death penalty
Rights of refugees
Rights of prisoners of conscience
Protection of human dignity.
SIGNIFICANCE:
For over 50 years, Amnesty International has made ground breaking achievements across
the globe. Expanding outside of London, it has established itself across Africa, Asia,
Europe, Latin America and the Middle East. It has assisted thousands of political prisoners,
and other victims of human rights abuse.
This organisation is independent of governments, political groups, ideologies, or religious
divides, and its focus has expanded beyond the release of political prisoners to the
abolition of the death penalty, protection of sexual and reproductive rights, and the
enforcement of the rights of refugees and migrants.
The organization also received a Nobel Peace Prize for its continuous efforts of uplifting
global communities.
Guiding Principles of Amnesty International:
All AI’s work is guided by the principles of:
International solidarity,
Effective action for the individual victim,
Global coverage,
Universality and indivisibility of human rights,
Impartiality and independence,
Democracy and mutual respect.

• ROLE OF NGO’s :
NGOs are non-governmental organizations. This means they operate independently from
governments. Typically non-profit groups, many NGOs focus on humanitarian issues such
as poverty, gender inequality, and other social injustices. Non-Governmental Organizations
(NGOs) are pivotal in the global effort to protect and promote human rights. They serve as
watchdogs, advocates, educators, and facilitators in the fight for human rights around the
world. The phrase “non-governmental organization” came into being alongside the United
Nations in 1945.
NGO’s have been established in almost every country. It has been estimated that the no of
NGOS in the United States and Russia is estimated at 1.5 million and 277000
respectively.India is estimated to have around 3.3 million NGOs .
A human rights NGO is defined as ‘ A private association which devotes significant
resources to the promotion and protection of human rights, which is independent of both
governmental and political groups that seek political power, and which does not itself seek
such power’ (Wiseberg, 1991).
Role Play by the NGOs in upholding the Human Right:
1.Advocacy and Awareness: NGOs are vocal champions of human rights on both local and
global stages. They advocate for policy changes, legal reforms, and social justice to protect
individuals and communities from human rights violations.
2. Monitoring and Documentation: NGOs closely monitor human rights situations in
regions where abuses are prevalent. They meticulously document violations, collect
evidence, and compile reports that serve as critical tools for exposing injustices.
3. Legal Assistance: NGOs provide legal aid and support to victims of human rights abuses.
They ensure that marginalized individuals and communities have access to justice and are
not denied their rights due to discrimination or lack of resources.
4. Policy Advocacy: NGOs actively engage with governments, international organizations,
and policymakers to influence the development and implementation of human rights-
friendly policies, laws, and regulations.
5. Human Rights Education: NGOs conduct extensive human rights education campaigns.
They organize workshops, seminars, and educational programs to empower individuals
with knowledge about their rights and the mechanisms available for seeking redress.
6. Supporting Vulnerable Groups: Many NGOs specialize in assisting specific vulnerable
groups, such as refugees, women, children, LGBTQ+ individuals, and people with
disabilities. They offer tailored support, advocacy, and services to address the unique
challenges faced by these communities.
7. International Advocacy: NGOs operate at the international level, participating in forums
like the United Nations. They advocate for the adoption of global human rights standards,
contribute to international law development, and hold states accountable for their human
rights commitments.
8. Conflict Resolution: NGOs play a crucial role in peacebuilding and conflict resolution.
They facilitate dialogues, provide humanitarian aid, and work toward reconciliation in
conflict-affected regions.
9. Emergency Response: During humanitarian crises, NGOs provide immediate assistance
to affected populations. They deliver essential supplies, offer shelter, provide medical aid,
and address the urgent needs of those affected.
10. Environmental Rights: Some NGOs focus on the intersection of human rights and the
environment. They advocate for the right to a healthy environment, combat environmental
degradation, and protect communities affected by pollution, deforestation, and climate
change.
11. Promoting Gender Equality: Gender-based discrimination and violence are major
human rights issues. NGOs work tirelessly to promote gender equality, empower women
and girls, and eradicate gender-based violence and discrimination.
12. Education Access: NGOs often focus on ensuring access to quality education for all,
especially in marginalized communities. They establish schools, learning centers, and
scholarship programs, bridging the educational gap and empowering individuals with
knowledge.
13. Healthcare Initiatives: NGOs run healthcare programs targeting specific health issues.
They offer screenings, vaccinations, and treatments to underserved populations,
contributing to improved overall health and reduced healthcare disparities.
14. Community Development: NGOs engage in community development projects to uplift
marginalized communities. They collaborate with local stakeholders, address
infrastructure gaps, and promote sustainable practices that lead to holistic development.

Different types of NGOs

The World Bank defines two groups of NGOs: operational NGOs and advocacy NGOs.
Operational NGOs focus on designing and implementing development projects. Advocacy
NGOs promote causes and try to influence public policy. Within these two broad groups,
there’s a handful of acronyms that pop up around the subject of NGOs:
NGOs can be divided up even further based on their specific areas of work. Here are some
of the main types:
BINGO – A “big international” NGO, such as the Red Cross. These are also called
“business-friendly” NGOs.
INGO – An international NGO such as Oxfam.
ENGO – An environmental NGO like Greenpeace.
RINGO – A religious international NGO such as Catholic Relief Services.
CSO – A civil society organization like Amnesty International.
GONGO – A government-organized organization like the International Union for
Conservation of Nature.

LEADING NGOs:
1-Amnesty International : Amnesty International was founded in 1961 by British lawyer
Peter Benenson. The organization focuses mainly on human rights and is the most famous
and well-known NGO in the world.
2-International Red Cross and Red Crescent Movement
Established in 1863, the International Committee of the Red Cross is a humanitarian
organization that provides relief to victims of war and armed conflicts. The International
Red Cross and Red Crescent Movement also promote international understanding and
cooperation. It’s one of the most famous NGOs in the world because it works on preserving
human life. The movement has been present in many major conflicts to provide help to
civilians and prisoners of war, as well as providing first-aid training to people all over the
world.
3-National Societies of the Red Cross
The National Societies of the Red Cross is one of the most famous NGOs in the world. It is
made up of 20 member countries and has a membership of more than 16 million people.
The society was first founded in 1864 by Clara Barton in Strasbourg, France. And now, it’s
one of the largest humanitarian organizations in the world.
4-Human RIGHTS watch (HRW)
Human Rights Watch (HRW) is an international non-governmental organization
headquartered in New York City started in 1978 in the name of Helsinki watch. It conducts
research and advocacy on human rights.[2] The group pressures governments,
policymakers, companies, and individual human rights abusers to denounce abuse and
respect human rights, and often works on behalf of refugees, children, migrants, and
political prisoners.

• CHALTER 3
1-The American convention on Human Rights :
The American Convention on Human Rights, also known as the Pact of San José,de costa
Rica’ is an international human rights treaty adopted by many countries in the Americas. It
was signed in 1969 and entered into force on July 11 , 1978. The convention is overseen by
the Inter-American Court of Human Rights and the Inter-American Commission on Human
Rights, which are responsible for interpreting and enforcing its provisions. The convention
covers a wide range of civil, political, economic, social, and cultural rights, similar to other
international human rights instruments like the Universal Declaration of Human Rights. Its
aim is to promote and protect human rights in the Americas region.
It has been ratified by 21 of the 32 members of the organisation of the American states.
PREAMBLE: THE preamble of the convention stated that the essential rights of man are not
derived from one’s being a national of a certain state, but are based upon attributions of the
human personality .
CIVIL & POLITICAL RIGHTS:
The convention stipulated a no of civil and political rights for all persons subject to the
jurisdiction of the state parties which are as follows;
The American Convention on Human Rights, also known as the Pact of San José, enshrines
a comprehensive set of rights and freedoms. Some of the key rights included in the
convention are:
Right to Juridical Personality**: Everyone has the right to recognition as a person before the
law. Art. 3
Right to life from the movement of conception Art .4
Right to human treatment Art.5
Freedom from slavery & involuntary servitude Art.6
Right to personal freedom Art.7
Right to fair trial Art.8
Freedom from ex post facto laws Art.9
Right to compensation for Miscarriage of justice Art. 10
Right to privacy Art.11
Freedom of conscience & religion Art.12
Freedom of thought & expression Art 13
Right to Assembly Art.15
Rights of the Family Art. 17
Rights of the child Art.19
Right to judicial protection Art.25

The state parties to the convention undertake to respect the above rights & freedoms and
to ensure to all persons subject to their jurisdiction full & free exercise of these rights and
freedoms without any dissemination. But the above rights and freedoms amy be
suspended In time of war , public danger or other emergency .
PROTOCOLS :
The American Convention on Human Rights (ACHR), also known as the Pact of San José,
does not have separate “protocols” in the same way some other international treaties do.
Instead, it has additional agreements and mechanisms that complement and reinforce its
provisions. Here are some important supplementary agreements related to the ACHR:

1-Additional Protocol to the American Convention on Human Rights in the Area of

Economic, Social, and Cultural Rights (Protocol of San Salvador)**:
The first, the Additional Protocol to the American Convention on Human Rights in the area
of Economic, Social, and Cultural Rights (more commonly known as the “Protocol of San
Salvador”), was opened for signature in the city of San Salvador, El Salvador, on 17
November 1988. It represented an attempt to take the inter-American human rights system
to a higher level by enshrining its protection of so-called second-generation rights in the
economic, social, and cultural spheres. The protocol’s provisions cover such areas as the
right to work, the right to health, the right to food, and the right to education. It came into
effect on 16 November 1999 and has been ratified by 16 nations

2-Protocol to the American Convention on Human Rights to Abolish the Death Penalty
The second, the Protocol to the American Convention on Human Rights to Abolish the
Death Penalty, was adopted at Asunción, Paraguay, on 8 June 1990. While Article 4 of the
American Convention had already placed severe restrictions on the states’ ability to
impose the death penalty – only applicable for the most serious crimes; no reinstatement
once abolished; not to be used for political offenses or common crimes; not to be used
against those aged under 18 or over 70, or against pregnant women – signing this protocol
formalizes a state’s solemn commitment to refrain from using capital punishment in any
peacetime circumstance. To date it has been ratified by 13 nations

INTER AMERICAN CONVENTION TO PREVENT & PUNISH TORTURE ( 1985)

This protocol punishes and prevents torture .The convention defines the term torture under
Art.2 as any act intentionally performed whereby physical or mental pain or suffering is
implied on a person for purposes of criminal investigation as a means of intemidation ,as
personal punishment, as a preventive measure,as a penalty or for any other purpose.

These supplementary agreements work alongside the ACHR to strengthen human

rights protection and ensure compliance among member states in the Americas.

2-AFRICAN CHARTER ON HUMAN & PEOPLE’S RIGHTS :

The African Charter on Human and Peoples’ Rights (also known as the Banjul Charter) is
an international human rights instrument that is intended to promote and protect human
rights and basic freedoms in the African continent.
It emerged under the aegis of the Organisation of African Unity (since replaced by the
African Union) which, at its 1979 Assembly of Heads of State and Government, adopted a
resolution calling for the creation of a committee of experts to draft a continent-wide
human rights instrument, similar to those that already existed in Europe (European
Convention on Human Rights) and the Americas (American Convention on Human Rights).
The African Charter on Human and Peoples’ Rights came into effect on 21 October 1986– in
honour of which 21 October was declared “African Human Rights Day.
The Charter consists of a Preamble, 3 parts and 4 chapters and 68 articles in total.The
charter has been ratified or acceded to by 53 state members of the organisation of African
Unity (OAU).
The African charter is unique in the sense that it has given emphasis on peoples rights
which reflect African social traditions of collective and group life .The charter stipulates
rights as well as duties of the individuals.
CHAPTER I- part I: It lays down the rights of the individuals such as ;
1.Equality before law (Art.3)
2.Right to respect for his life and the integrity of his person ( Art.4)
3.Right to respect of the dignity inherent in a human being and the recognition of his legal
status.( Art .5)
4.Right to liberty & security of his person ( Art.6)
5.Freedom of conscience,profession and free practice of religion (Art.8)
6. Right to receive information (Art.9)
7.Right to free association (Art.10)
8. Right to property ( Art.14)
9. Right to Education ( Art.17)
10.Right to equality ( Art.19)
11.Right to existence ( Art.20 ) etc.
State parties to the charter shall have the duty to promote and ensure through teaching,
education and publication the respect of the above rights and freedoms .
CHAPTER II: Lays down the duties of the individuals such as;
1. Duty towards his family & society ,the state & other legally recognised communities
& international communities ( Art.27 para 1)
2. Duty to respect and consider fellow beings without discrimination etc ( Art.28)
3. Duty to serve his national community ( Art.29)
4. Duty not to compromise the security of the state whose national or resident he is (
Art.29)
5. Duty to preserve & strengthen social & national security.
6. Duty to contribute at all times to the promotion and achievement of African Unity (
Art.29)
AFRICAN COMISSION ON HUMAN & PEOPLE’S RIGHTS:
The charter established a Commission in 1986 to promote human rights and ensure
their protection in Africa . The Commission consists of 11 members chosen from
amongst African personalities of the highest reputation known for their high morality,
integrity, impartiality and competence in matters of human and peoples rights
particularly consideration being given to persons having legal experience.
 There shall be a seceratary to the Commission appointed by the secretary General of
the Organisation of African Unity.
Directives which the Commission intends to achieve Under Article 45:
1.Primarily and most importantly, promote protect and preserve human and people’s
rights. Also, to pursue research to tackle problems regarding the same and to organized
programs to make the people aware of their rights and duties by way of seminar and other
methods of interaction with people
2.Put forward suggestion’s observations and recommendations to the challenges and
problem especially legal to ensure all states can implement by way of law to promote
rights.
3.It also intends to broaden the relation between different states so that they cooperate
and work together towards achieving a common goal with other states and also
international institutions.
4.One of the main functions of this Commission to make sure that subject to the provisions
of this charter all rights granted to the people can be enforced.
5.In case of a situation arising wherein there is a need to interpret any provision of this
chart or is difficulty in that regard it is the duty of the commission to act and interpret which
may be upon request by any party, institution which has power to do so but virtue of
provisions under the Charter.
IMPLEMENTATION MACHINERY :
The charter also provided an implementation machinery under Art.67 which stated that if a
state party to the charter has good reasons to believe that another state party to the charter
has violated the provisions of the charter it may refer the matter directly to the Commission
by addressing a communication to the chairman, to the secretary General of the
organisation of African Unity and the state concerned .
The Commission can only deal with the matter submitted to it if all local remedies have
been exhausted.
The Commission at the time of considering the matter may ask the state concerned to
provide it with all relevant information, also state may be presented before the
Commission at the time of consideration of the matter & may submit written or oral
representation .

The African Court On Human Rights And Peoples Rights :

The Charter helped establish the African Court of Human and Peoples’ Rights, by virtue of
Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights, which was
adopted in June 1998, and became effective as of the 25 th of January 2004.As of
The Court is empowered to make authoritative and legally binding decisions on humans
rights claims across Africa, a move which has been much lauded by commentators. Its first
judgment was delivered in 2009 on Michelot Yogogombaye v. The Republic of Senegal, to
a positive international reception. The court is located in Arusha (Tanzania ).
Composition:
The court consists of 11 judges elected by member states of the Organisation of African
Unity OAU for a term of 6 years which is renevable only once .
Only state parties to the protocol can propose candidates,each state may nominate 3
candidates at least two of whom must be their nationals .
The court may not compromise more then 1 national of the same state
The judges are elected by secret ballot by the Assembly of the Heads of states and
government of the OAU . The judges are elected in individual capacity from amongst jurists
of high moral or academic experience in the field of human rights.
Further ,the court elects it’s President & vice president for a 2 year period.
Jurisdiction of the court:
The court is empowered to act both in a judicatory and an advisory Judicatory Jurisdiction
is compulsory as well as optional. Further the court is required to render is judgements
within 90 days after it has ended it’s deliberations .The judgements of the court are decided
by the majority & the judgements are final and not subject to Appeal.

UNIT IV : INTERNATIONAL HUMANITARIAN LAW –

1-Definition , origin & Development:
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the
law that regulates the conduct of war (jus in bello).It is a branch of international law that
seeks to limit the effects of armed conflict by protecting persons who are not participating
in hostilities and by restricting and regulating the means and methods of warfare available
to combatants.
International humanitarian law is inspired by considerations of humanity and the mitigation
of human suffering. It comprises a set of rules, which is established by treaty or custom
and that seeks to protect persons and property/objects that are or may be affected by
armed conflict, and it limits the rights of parties to a conflict to use methods and means of
warfare of their choice.
In 1859 by Henry Dunant with the help of his written book named The Memory of Solferino
the thought of IHL originates. This book is completely based on observations of the battle
of Solferino where approximately 40,000 people died and the rest of them were wounded.
There was no one to help them that reflected their inhuman nature.

Origin & Development of IHL:

International humanitarian law is rooted in the customs and traditions of ancient
civilisations and religions. However, modern-day international humanitarian law, while
reflecting these traditional ideals, has a more recent origin story.
For the very first time in 1864 The first Geneva Convention was signed by 13 countries that
year, becoming the founding text of contemporary IHL The full name of the convention was
the convention for the Amelioration of the wounded in Times of war .Henri Dunant, the
founder of the International Committee of the Red Cross, having witnessed the ravages of
military confrontation and the lack of medical care provided to the victims of the battle of
Solferino, played a crucial role in the drafting of the First Geneva Convention in 1864.Upon
his return to Geneva, Dunant wrote a book, A Memory of Solferino, which eventually led to
the establishment of the International Committee of the Red Cross (ICRC) in 1863 – an
organisation that promotes and guards the principles of IHL to this day. The convention
provided for
1) The immunity from capture and destruction of all establishments for the treatment
of wounded and sick soldiers and their personnel.
2) The impartial reception and treatment of all combatants .
3) The protection of civilians rendering aid to wounded and,
4) Recognition of Red cross symbol as a means of identifying persons & equipments
covered by agreement
After that in 1868 declaration of Saint Less Petersburg was passed which also talks about
lHL. After that in 1899 a first Hague Peace Conference held under this one martine clause
added under the IHL. That is if any country does not sign these laws were also applicable to
them. Several more major diplomatic meetings took place over the years – in the Hague
(1899 and 1907) and in Geneva (1906, 1929, 1949) – advancing the laws of war, until the
adoption of the four Geneva Conventions in 1949 and their Additional Protocols in 1977.
Over the years, and to this day, ongoing developments, debates and negotiations continue
to build and strengthen international humanitarian law.
Principles of Geneva Convention;
Humanity
Unity
Impartiality
Independence
Universality
Geneva Convention 1949 and Additional Protocols.The 1949 Geneva conference resulted
in four new revised conventions comprising of 429 articles there are some latest
developments added under the IHL such as follows;
Immeluation of conditions of sick and wounded people in the field
Immeluation of conditions of sick and wounded peoples in the Sea;
Protection of prisoners of war;
Protection of civilians.
In 1977 the international community came up with two additional protocols, which dealt
with the protection of victims of international and non-international armed conflicts, in
order to supplement the Geneva conventions.
The Unanimous acceptance of Geneva Convention 1949 resulted in a strengthened
mechanism for humanitarian principles, which had a binding force on all countries.

Legal Maxims:
There are two legal maxims which talks about the applicability of IHL such as follows;
Jus- ad-bellum: It deals with the legitimacy of conflict. Which means before the starting of
war it is related to the reasons for war and the right of war. Under UN (united nation)
Charter Article 2 states about; don’t interfere sovernaty of the country without any
reasonable grounds and also provide a principle during the war such as follows;
Legitimate authority can only start the war only by declaration of war. Legitimate authority
means the President of the country or the Prime Minister of the country
Right intention which means war to maintain the peace intentionally;
Necessity in case if there is no any other option the last necessity is war;
Just cause which means a strong reason for war;
Probability of success to win the war on the basis of distinction, proportionality, prisoners,
weapons and members.
Jus-in-bello: It is related to IHL which deals with situations that arise after war has started.
There are certain principles mentioned such as follows;
Principles of distinguishing between civilians and combatants;
Principles of proportionality which means balance between both countries weapons and
any other forces;
Prisoners must be treated as a human being without any torture;
Weapons which are prohibited under international law should not be used;
Cannot attack ICRC members.
Basic principles of International Humanitarian law
International humanitarian law has mainly two basic foundation principles. The Principle of
Humanity and the Principle of military necessity.
1-Principle of Humanity:
This principle specifies that all humans have the capacity and ability to show respect and
care for all, even their sworn enemies. Modern International Humanitarian Law is not naive
and accepts that harm, destruction and death can be lawful during armed conflicts,
International humanitarian Law simply looks to limit the harm, and the principle of
humanity is very much at the spirit of this ambition. Many rules of International
humanitarian law are inspired by this idea, specifically those setting out protections for the
wounded and sick.
2-Principle of Military Necessity
No principle is more central to the content and understanding of Military necessity. Military
necessity, as understood by modern civilised nations, consists in the necessity of those
measures which are needful for securing the end of the war, which are lawful according to
the modern law.
Other Principles
These include principles like:
a)The distinction between civilians and combatants,
b)The distinction between civilian objects and military objectives,
c)Necessity,
d)Prohibition on causing unnecessary suffering.

Specially Protected Persons and Objects

There are specifically protected persons and objects in International Humanitarian Law
such as:
Medical and religious personnel and object,
Humanitarian relief personnel and object,
Journalists,
Some protected zones,
Cultural properties,
The natural environment,
Work and installations containing dangerous forces,
Personnel and objects involved in a peacekeeping mission.

What Are The Core Concepts Of International Humanitarian Law?

IHL is based on the fundamental ideals that persons who are not, or are no longer,
participating in hostilities should be protected, and that the means and methods of warfare
able to be employed by parties to a conflict are not unlimited. The core general principles
of IHL are:
*The principle of distinction, which provides that parties to a conflict must distinguish
between military objectives and civilian objectives, and may only target military objectives.
*The prohibition on attacking persons hors de combat (French for “outside the fight”),
being anyone who is in the power of an adverse party, is defenseless (because of
unconsciousness, shipwreck, wounds or sickness), or who expresses an intention to
surrender, and abstains from any acts of hostility.
*The prohibition on inflicting unnecessary suffering, or causing a harm greater than that
unavoidable to achieve legitimate military purposes.
*The principle of proportionality, which provides that belligerents may only use the amount
and kind of force necessary to overcome the enemy and must act to limit collateral
damage.
*The principle of necessity, which permits measures which are actually necessary to
accomplish a legitimate military purpose and are not otherwise prohibited by international
humanitarian law. In an armed conflict, the only legitimate military purpose is to weaken
the military capacity of the enemy.
The rules of IHL do not prohibit the use of violence, nor protect all persons from the
effects of armed conflict.

Protection of defenceless In war:

Article 6 of the 1864 Geneva Convention reads, “Wounded or sick combatants, to whatever
Nation they may belong, shall be collected and cared for”. This one sentence aptly sums up
The law of Geneva, also known as Red Cross law. Since 1864, however, this law has been
Very considerably expanded, and now includes protection for captured combatants and for
Civilian war victims, as well. In times of international armed conflict, humanitarian law
provides for fifteen categories of protected persons—four related to combatants and
eleven concerning civilians:
The wounded and sick in armed forces in the field. Such persons are protected by the
entire First Geneva Convention (in particular, Arts. 12–18) and by Additional Protocol I (in
particular, Arts. 8–20).
The wounded, sick, and shipwrecked members of armed forces at sea. Such persons
are protected by the entire Second Geneva Convention (in particular, Arts. 12–21) and by
Additional Protocol I (in particular, Arts. 8–20).
Medical and religious personnel attached to armed forces. Such persons are protected
by the First and Second Geneva Conventions (GCI Arts. 24, 25; GCII Arts. 36, 37).
Prisoners of war. Such persons are protected by the entire Third Geneva Convention (in
particular, Arts. 4, 12–16) and by Additional Protocol I (Arts. 43–47). ▸ Prisoners of war
Wounded and sick civilians. Such persons are protected by the Fourth Geneva
Convention (in particular, Arts. 3, 16–23) and by Additional Protocol I (Arts. 10–16).
Pregnant women, ˜maternity cases, newborn infants, and infirm persons are included
in the humanitarian law definition of “wounded and sick” (API Art. 8). ▸ Wounded and sick
persons
Medical and religious civilian personnel. This category is defined, and such persons are
protected, by the Fourth Geneva Convention (Art. 20) and by Additional Protocol I (Art. 15).
▸ Medical personnel
Parliamentarians. Such persons are protected by the Fourth 1907 Hague Convention on
the laws and customs of war.
Personnel of civil defense organizations. Such persons are protected by Additional
Protocol I (Arts. 61–68).
Relief personnel. Such persons are protected by Additional Protocol I (Art. 71). ▸
Humanitarian and relief personnel
The civilian population and civilian persons. Such persons are mainly protected by the
Fourth Geneva Convention and by Additional Protocol I (Arts. 48–67). This category
includes:
—the entire civilian population: all civilians must be protected against the effects of
hostilities—in other words, they may not be the object of attack (Arts. 48–51). They must
also be able to receive all necessary relief (GCIV Art. 23, API Arts. 68–71). They also benefit
from the fundamental guarantees protected by the conventions (GCI–IV Common Art. 3,
API Art. 75);
—civilians who find themselves in the hands of a party to a conflict or an occupying power
of which they are not nationals benefit from the status of protected persons (GCIV Art. 4).

TREATMENT OF PRISONERS OF WAR

Prisoners of war is a status which is given to a person captured by a belligerent during a war
or in an armed conflict. All the persons captured by the belligerent do not acquire this
status . Geneva convention relating to the Treatment of Prisoners of war of August
12.1949lays down under Art.4 that certain categories of persons who have fallen into the
power of the enemy shall be known as prisoners of war .They are ; Article 4
Prisoners of war, in the sense of the present Convention, are persons belonging to one of
the following categories, who have fallen into the power of the enemy:
1-Members of the armed forces of a Party to the conflict as well as members of militias or
volunteer corps forming part of such armed forces.
2-Members of other militias and members of other volunteer corps, including those of
organized resistance movements, belonging to a Party to the conflict and operating in or
outside their own territory, even if this territory is occupied, provided that such militias or
volunteer corps, including such organized resistance movements, fulfil the following
conditions:
a)That of being commanded by a person responsible for his subordinates;
b)That of having a fixed distinctive sign recognizable at a distance;
c)That of carrying arms openly;
d)That of conducting their operations in accordance with the laws and customs of war.
3-Persons who accompany the armed forces without actually being members thereof,
such as civilian members of military aircraft crews, war correspondents, supply
contractors, members of labour units or of services responsible for the welfare of the
armed forces, provided that they accompany the arms unit under authority.
4-Members of crews, including masters, pilots and apprentices, of the merchant marine
and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more
favourable treatment under any other provisions of international law.
5-Inhabitants of a non-occupied territory, who on the approach of the enemy
spontaneously take up arms to resist the invading forces, without having had time to form
themselves into regular armed units, provided they carry arms openly and respect the laws
and customs of war.
The above implies that persons such as traitors ,deserters , mercenaries and those
members of the armed forces who at the commencement of hostilities are founded within
the territory of enemy do not acquire the status of prisoners of war.

International law protects the prisoners from punishment for their hostile acts comitted
prior to capture .they have been guaranteed various privileges’ during captivity . The
convention provides that the detaining power has a no. of duties to perform on
humanitarian ground which include the following;
a)Humane treatment of prisoners: prisoners of war must be at all times be humanly treated
.Any unlawful act or omission by the detaining power causing death or seriously
endangering the health of prisoners of war is prohibited.
b). Maintenance of prisoners: The detaining power shall be bound to provide free of charge
maintenance to the prisoners and for the medical attention required by their state of
health.
c). Equality of treatment: The detaining power shall treat all the prisoners equally without
any distinction based on race ,nationality ,religious belief or political opinions or any other
distinction founded on similar criterion.
d). Medical Facilities: The detaining power has a duty to provide medical care the cost of
which is to be born by the detaining power.
e). Quarter Facilities: prisoners shall be provided quarter facilities similar as to those of the
detaining power .women prisoners shall be provided seperate dormitories.
f).Canteens :canteens shall be made available for all prisoners.

• UNIT V
HUMAN RIGHTS UNDER THE INDIAN CONSTITUTION:
On January 26,1950 the independent Indian Constitution came into effect. It is clear that
the Universal Declaration of Human Rights had an influence on the creation of Part III of the
Constitution. India has used both the International Covenants and the Universal
Declaration of Human Rights adopted by the Gen Assembly of the United Nations.
The civil and political rights are guaranteed in the part III of the constitution of India as the
fundamental rights. Cultural, Social & Economical rights are guaranteed in the part IV of
the constitution of India as the directive principles of state policy.
All Fundamental Rights come under the ambit of Human Rights, but all Human Rights may
not fall under this category of the fundamental right. The only difference is between these
two is Fundamental Rights has legal enforceability in Court of law while Human rights may
or may not.
In the case of Kesavananda Bharti v. State of Kerela, the apex court observed: “The
Universal Declaration of Human Rights may not be a legally binding instrument but it shows
how India understood the nature of human rights at the time the Constitution was
adopted.”
Provisions of Universal Declaration of Human Rights along with corresponding provisions in
Constitution of India are as follows:

UDHR COI

Equality and equal protection before law -Article 7 Article 14

Remedies for violation of Fundamental Rights-Article 8 Article 32
Right to Life and personal liberty -Article 9 Article 21
Protection in respect for conviction of offences-Article 11(2) ,Article 20(1)
Right to freedom of conscience and to practice, profess and propagate any religion
Article 18 Article 25(1)
Freedom of speech- Article 19, Article 19(1)(a)
Equality in opportunity of public service Article 21(2) ,Article 16(1)
Protection of minorities Article 22 Article 29(1)
Right to education Article 26(1) Article 21A
Many of the civil and political rights contained in the International Covenant on Political
and Civil Rights, 1966 (ICCPR) are also contained in the Part III of the Constitution of India.
India has signed and ratified the ICCPR

PROTECTION OF HUMAN RIGHTS ACT:

In the year 1993, the protection of human rights witnessed significant developments and
events that shaped the global landscape of human rights advocacy and enforcement. It
was a year marked by important milestones, international agreements, and regional
initiatives that aimed to uphold and promote the fundamental rights and freedoms of
individuals worldwide.
The Protection of Human Rights Act 1993 in India is a significant legislative measure Aimed
at promoting and protecting human rights in the country. The Act establishes the National
Human Rights Commission (NHRC), State Human Rights Commissions (SHRCs), and
Human Rights Courts to ensure that human rights are respected and violations are
addressed.
The genesis of the PHRA can be traced back to the increasing international emphasis on
human rights, particularly post World War II with the adoption of the Universal Declaration
of Human Rights (UDHR) in 1948 by the United Nations. The Indian Constitution, adopted
in 1950, enshrines fundamental rights which align with the principles of the UDHR.
However, The need for a specific statutory mechanism to address human rights violations
became evident over time, leading to the Enactment of the PHRA in 1993.
The enactment of the Protection of Human Rights Act, 1993 in India was necessitated by
several factors. Firstly, India is a signatory to the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social, and Cultural Rights,
which were ratified by the United Nations General Assembly on December 16, 1966. As a
member of these international agreements, there was a need to align domestic legislation
with the principles and obligations outlined in these covenants.
Furthermore, there was a growing recognition of the importance of safeguarding human
rights both within the country and globally. The Protection of Human Rights Act, 1993
applies to the entire territory of India.
Objectives of the PHRA
The primary objectives of the PHRA are:
To establish institutions like the NHRC and SHRCs to promote and protect human rights.
To investigate and address complaints of human rights violations.
To recommend measures for the effective implementation of human rights standards.
To review safeguards provided under the Constitution or any law for the protection of
human rights.
To study treaties and other international instruments on human rights and make
recommendations for their effective Implementation.
Section 2(1)(d) of the Act defines “human rights” as “individual rights to life, liberty,
equality, and dignity guaranteed by the Constitution or embodied in international
covenants and enforceable by Indian courts.”
NHRC
The Human Right Act was formed to protect the Human Right of the people of India and to
give them a platform in case of violation of the same. The act establishes the Human Right
Commissions on both National as well as State Level. Under Section 3 of The Protection of
Human Rights Act, 1993 it lay down the Constitution of the National Human Rights
Commission.

CONSTITUTION OF NHRC
As per the amendment of 2019, the chairperson of the NHRC must be a former Chief
Justice of the Supreme Court or a Supreme Court Judge.
NHRC comprises of a chairman, five full-time members, and seven deemed members. The
other members should be:
(i) One Member who is, or has been, a Judge of the Supreme Court of India
(ii) One Member who is, or has been, the Chief Justice of a High Court
(iii) Two Members to be appointed from among persons having knowledge of, or
practical experience in, matters related to human rights
Apart from these members, the Chairpersons of National Commission for Minorities,
National Commission for SCs, National Commission for STs and National Commission for
Women serve as ex officio members.

Who appoints the chairman of NHRC?

The President appoints the chairperson and members of the NHRC on the
recommendation of a committee chaired by the Prime Minister of India.