Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.

Ambedkar Law College / 9498089383

INTRODUCTORY  Maine compared the Roman XII Tables with

Definition Manu code and compared HR of Rome and
 Human Rights are fundamental and Hindu laws
inalienable rights of every human being,  Judged roman laws as superior compared to
which are essential for his living as human Hindu Laws on 3 areas
being. o Women were denied equality with
 Possessed by all irrespective of Religion, caste, men
Creed. o Custom of Sati
 These are birth rights and are essential to fully o Caste system
develop and use Human Intelligence and
Talents Theories of Human Rights
 Also called as Fundamental rights, natural  Relative Theory
rights, basic rights, birth rights or inherent o HR are necessary and vary according
rights to acceptable culture
 Universal Theory
Meaning o HR needs to be applied uniformly
Protection of Human Rights Act 1993 throughout the world
 HR as rights relating to life, liberty, equality o They supported UNO and
and dignity of the individual, guaranteed by International Covenants and treaties
the Indian Constitution or embodied in the
International covenants and enforceable by Nature of HR
the Indian Courts.  Fundamental and inalienable
Infringement of HR  Essential for living
 Protected against unjust and oppressive or  Possessed irrespective of Caste, Creed,
degrading ill treatment Religion, Nationality, Color of skin
 Certain things cannot be done against his will  Birth rights
 No action can be taken against him by acts of  Essential to develop and use Human
arbitrary power Intelligence and talents
 He cannot be deprived of civil and political  Also needed to enjoy fundamental freedoms
power to satisfy physical, spiritual and other needs
 He cannot be deprived of the minimum  Represents both individual and group
necessaries of life and such necessaries are demands
mentioned in covenants on Economic, Social  Respect and Reciprocal tolerance and mutual
and Cultural Rights forbearance in the pursuit of all values or
capabilities of life
Concept of HR  Imply both claims against persons and
Justice.P.N.Bhagawati institutions
 Said protection of HR can be traced in  Emphasize basic needs and rule out mere
Babylonian laws, Assyrian Laws, Hittiti Laws, wants
Greek Laws and Vedas in India  Includes both justiciable and aspirational
 In Ancient Greece, the right to Vote, Trade, rights
justice were given to citizens.  Individual or group HR are restricted to secure
 In Rome, there exists a law called Jus Civiliae, the comparable rights of others and aggregate
which secured HR to citizens common interest of societies
Sir Henry Maine  It is essentially general and universal in
 Author of Ancient Law character
 Says stoic Rule of Greece used Law of Nature
to function as Legislative source named as Jus Evolution / Sources of HR
Naturalae Magna Carta
 It recognised equality of men, fairness, justice  King John of England on 15.6.1215 granted
and highest ideals of nature this to the English Barons
 Jus Naturalae later gave birth to Jus Gentium  It also contained laws protecting the rights of
 Jus Gentium is based on morality, reasons and communiucties which the king was bound to
justice where doctrine of equality was greatly honour and in case he failed to honour, the
emphasised

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Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.Ambedkar Law College / 9498089383

remedial measures of protecting the rights HISTORY OF HUMAN SUFFERING OF MAN

were also given in it  The human suffering of man is mainly due to
Petition of Rights and Bill of Rights the fellow man’s ill treatment, torture etc to
 1628 Magna Carta was given a statutory Right him
by parliament of England by inserting more  Nothing has caused more pain and suffering
rights to the subjects and it was named as for man than man himself
Petition of Rights  Through war, commission of heinous crime,
 Petition of Rights became bill of rights in 1689 acts of violence
which had documentary authority on the
rights Rights of Man
Hugo Grotius, Dicey, Thomas Acquinas, Sir Edward  A man is entitled to the right of liberty, full
Coke dignity, honour, health etc
 Declared that Human beings possess certain  Sufferings of Jews at the hands of the
eternal and basic rights like equality before Germans is a clear example of man’s
law, right to freedom of speech etc inhumanity to man
Declarations and Constitution Benches
 It supported the Bill of Rights by their Protection against inhuman suffering
exposition as the fundamental rights of their Greece
nationals.  Discussed by Plato, Greek and Roman
The American declaration of Independence 1776, philosophers
Virginia Bill of Rights 1776 & Constitutional Rights  Based on Religious Foundations
1776  Right to Vote, Trade, Access to Justice to their
 Recognised fundamental rights of men and citizens were recognised
women England
French Revolution in France  King John of England granted Magna carta in
 Accelerated the growth of Human Rights 1215
especially by the writings of Roussoe and  Late became Petition of Rights in 1689
others USA
Dawn of 19th Century  They supported Fundamental Rights
 Value of Human Personality and its  Declaration of Independence of 13 USA in
worthiness was given much importance after 1776 led to codification of many rights
the I and II world wars  Virginia Bill of Rights 1776
 President Roosevelt proclaimed 4 types of  Constitution of USA 1787
freedom namely Freedom of Speech, Religion, World War II
From wants and from fear  Heinous crime against Humanity
 Complete lawlessness of Nazi leaders of
Kinds of Human Rights Germany
 All HR are equal and inherent and there  Right to people became need of the hour
cannot be division in these rights  President FDR on 06.01.1941 declared Four
 These rights are inseparable, indivisible and Freedom
inter-dependant o Speech
 These rights can only be enumerated and not o Religion
classified o Want
 As per UN Charter it is of 2 types o Fear
o Civil and Political Rights
o Economic, Social and Cultural Rights INHUMAN TREATMENT - VIOLATIONS OF HUMAN
Civil and Political Rights RIGHTS
 Civil rights are rights related to protection of History of mankind reveals innumerable instances of
the right to life and right to personal liberty inhuman treatment of man by man
 Political rights are rights to participate in the
governance of a state. Meaning
Economic, Social and Cultural Rights  Violation of the most basic HR
 Rights relating to assurance of minimum  It is denying individuals of the basic HR
necessaries of life for human existence, lest
the human existence itself should be a
question
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Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.Ambedkar Law College / 9498089383

Types John locke

 Inhuman Treatments in war  He argued that people deserved life, liberty
 Genocide and property
 Inhuman treatment of women  This trio forms an essential part of social
 Torture contracts
 Kidnapping and disappearance of people
 Arbitrary arrest and imprisonment Jean Jacques Rousseau
 Political oppression  Man is born free and everywhere he is in
 Violations of political, Religious and economic chains
Rights
HUMAN RIGHTS AND DOMESTIC JURISDICTION
Remedies
 Human Rights movement is very inspirational  The human rights applicable to Individual are
 International Humanitarian Law has been adopted and implemented by UNO
enacted  Through its charters, Declarations and
 Various International Committees are in place covenants
to monitor compliance with Human Rights  Also governed by International law and
standards and report any violations principles
 When conflict progress beyond the state,  Whether Individual can be a subject of
international law can help in such cases International Law or he is only governed by a
 Outside intervention is seen State
 There are 2 views which says, UNO has
NATURAL LAW AND HUMAN RIGHTS domestic jurisdiction and no domestic
jurisdiction
 The basis for protection of Human Rights
arises from Natural law UNO has No Domestic Jurisdiction
 It distinguishes what is right and what is  Since International Law is a law of nations it
wrong in the minds of adults has no domestic jurisdictions
 Art.2.7 of Un Charter prohibits the Un to
Nature, Characteristics and Purpose of Law intervene in all matters which are essentially
 Law is a unique social-political phenomenon within the domestic jurisdiction of any states
 It has universal characters  Art.2.4 of UN Charter says commission of any
 It can be analysed philosophically act inconsistent with the purpose of UN is a
 Law possess certain features matter of right for UN interference within the
 It guide Human Behaviour states jurisdiction
 It differs from normative domains  ICJ have categorically reiterated that the use
of force cannot be appropriate method to
 The moral content of above norms also bears
monitor or ensure violation of HR and no
on their legal validity
state has a right to intervene in the affairs of
another state on the justification of saving
SOCIAL CONTRACT THEORY
people from ill treatment by that other state.
Origin
UNO has Domestic Jurisdiction because
 It dates back to Ancient Mesopotamia
 Individual is a subject of International law
 Rulers were to govern fairly and people were
 There is implied consent for the jurisdiction of
supposed to help improve societies
UN
Rousseau’s Social Contract Theory  Human Rights is a subject of International
Obligations
 It is a concept of contracts
 International Charters, Conventions and
 Marriage, Citizenship and employments are all
Covenants
forms of contracts
 UN Commission of Human Rights
Thomas hobbes  Exceptions in Chapter IX of Un Charter
 He believed that in nature individuals had to contains a prohibition to interfere within the
do whatever was necessary to survive domestic jurisdiction of a state.
 Here also contract was necessary  Visaka vs S.O.Rajastan

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Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.Ambedkar Law College / 9498089383

EVOLUTION AND PROTECTION OF HUMAN RIGHTS Covenants on Economic, Social and Cultural Rights
IN INDIA 1966 in India
 Equal pay for equal work
 In ancient India, Hindu Philosophy speaks of  Opportunities to children
righteousness in terms of law and law in  Right to work
terms of righteousness  Safe and Humane conditions of work
 The ancient sacred book Sadacharas –  Maternity relief
behaviour of good men speaks of approved  Living wages
conduct which includes  Conditions of work
o Freedom from Violence  Adequate standard of living
o Wants
o Exploitation Human Rights and Indian Judiciary
o Dishonour  Right to have legal assistance
o Early death and diseases  Right to information
o Absence of Intolerance  Right to compensation
o Compassion for fellow being
 Right to speedy trial
o Freedom of thought and conscience
 Right to privacy
o Freedom of knowledge
 Right to prisoners to be treated with
 Earlier dharma was followed and breach of it
Humanity
was penalised
 Right to travel abroad
 Right against Handcuffing and public hanging
India and HR in 20th Century
 Right not be imprisoned for breach of contract
 UN Charter was adopted at San Francisco on
etc
the 25th June 1945
 GA adopted the UDHR in Dec 1948
Fields of Implementation of Human Rights
 Commission on HR established in 1946 by
The government has taken positive steps to protect
ECOSOC of the UNO through its Drafting
human rights in the following vulnerable areas
Committee which drafted International
 Atrocities against women
Covenant on Civil and Political Rights 1966
 Children
 The HR have been given full effect in the form
 SC and ST
of FR, rights to freedom etc in IC
 Prisoners
Incorporation of covenant on Civil and Political Rights,  Elder people
1966 in India  Sex Workers
The following are the rights and freedoms which are  HIV and AIDS infection
commonly found both in Indian Constitution and
covenant on Civil and Political Rights 1966 India is lagging behind in HR because
 Equality Before Law  Illiteracy of Rural people
 Prohibition of discrimination  Ignorance of laws regarding Human Rights
 Equality of opportunity to public services  Lack of Publicity of Human Rights and Human
 Freedom of speech and expression Rights Laws
 Right for peaceful assembly and association  Lack of funds to run Human right protection
 Right of freedom of movement Organisations
 Right to move freely within the territory of a  Weak remedial legal systems due to delay in
state trials and highly expensive litigations
 Protection in respect of conviction for  Poor economic status of victims
offences  Lack of periodical human right awareness
 Protection from prosecution and punishment programme
 Not to be compelled to testify against himself
Suggestions for Effective protection of HR
 Right to life and liberty
 People must be made conscious of their HR
 Protection against arrest and detention in
and Fundamental freedom
certain cases
 Severe punishments must be given for
 Right against forced labour
violation of HR Laws
 Right to life and security of person
 Monitoring is necessary
 Freedom of conscience and religion
 Simplified procedure must be seen

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Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.Ambedkar Law College / 9498089383

HUMAN RIGHTS AND INETRNATIONAL COVENANTS  Establishment

o After Second world war
Magna Carta o War criminals of Germany
 It is called the Great charter o Victorious nations entered into an
 Charter agreed by King John of England in agreement
1215 o Trial started in 20.11.1945
 Charter with Group of Rebel barons  Tokyo Trial
 It promised the protection of church rights, o Similar trial of War criminals
illegal imprisonment, access to swift justice o War criminals of Japan
and limitations of feudal payments to crown o Trial started in 04.06.1946
 Magna carta in 1297 was confirmed as part of o Awarded Death sentences
England’s statute law
 In 1628 it was given statutory status and Development of Human Rights under the United
renamed as petition of Rights Nations
 It became Bill of Rights in 1689  The UNO has played a major role in protecting
and promoting HR at the global level.
Genocide  It is instrumental in organising many
 It did not exist before 1944 conferences, committees for promoting
 It refer to violent crimes committed against Human Rights
groups with the intent to destroy the  UN organs and HR
existence of the group o General Assembly
 Systematic destruction of all or a significant o Security Council
part of a racial, ethnic, religious or national o Economic and Social Council
group o Trusteeship Council
 Jews Genocide o International Court of Justice
 It is mass killing and does not refer to o The Secretariat
immediate destruction of a nation o Other UN bodies in HR
 Nuremberg Trials  Commission on HR
 1948 – Convention on the prevention and  Commission on prevention of
punishment of the Crime of Genocide(CPPCG) Discrimination and protection
of Minorities
 It includes killing members of the group
 Committee on the elimination
 Causing serious bodily or mental harm to
of Racial Discrimination
members of the group
 Committee against Torture
 Deliberately bringing physical destruction
 Committee on Economic,
 Prevent births within the groups
Social and Cultural Rights
 Forcible transferring children of the group to  Committee on Rights of Child
another group  Centre for Human Rights
o Specialised agencies in UNO
Nuremberg Trials  ILO
 Kelsen defines War Crimes as the violation of  FAO
the laws and customs of war.  UNESCO
 It includes murder, ill-treatment, forced  WHO
labour, killing of hostages, plunder of public
property, wanton destruction of cities, towns, UN charter and HR
villages not justified by military  The heinous crimes and untold atrocities
 Classified into 3 categories committed by Nazis on the Jews and other
o Crimes against Peace races led to this
o War Crimes  UN Charter contains references regarding HR
o Crimes Against humanity in several places
 Following are the three sanctions on laws of o Preamble
war o International co-operation on HR
o Reprisal o General Assembly and its powers
o Punishment of war criminals  The preamble of the UN charter begin with,
o Compensation We the people of UN determined to reaffirm
faith in fundamental HR in the dignity and

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Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.Ambedkar Law College / 9498089383

worth of the human person, in the equal  Functions of commission

rights of men and women and of nations large o Carry out studies
and small o Investigates all allegations
 Art.1.3 provides ‘to achieve International Co- o Undertakes special tasks
operation in solving International problems of o Also co-operate with other UN bodies
an economic, social, cultural or humanitarian o Receives private complaints
character, and in promoting and encouraging o Publishes a Year book
respect for human rights and for fundamental o Provides Advisory services
freedom for all without distinction as to race, o Gives attention to protection of
sex , language and religion Children and women
 Main responsibility of GA is to initiate studies o Promote right to adequate standard
in the realisation of HR and fundamental of living
freedom for all without distinction of race,
sex, language or religion. UDHR
 Art.55- UN shall promote Universal respect for  Founders of Uno met at San Francisco
and observance of HR and fundamental conference and adopted International Bill of
freedoms for all without distinction as to race, HR
sex, language or religion  29.01.1946 ECOSOC established Commission
 Art.56- All members pledge themselves to on HR
take joint and separate action in co-operation  Commission appointed drafting committee
with the organisations for the achievement of which drafted specific rights on binding
the purposes set forth in Art .55 members of UNO
 Art.62- UN Charter authorises ECOSOC to  It consisted on 3 documents
make recommendations for the purpose of o IDHR, Declaration
promoting respect for, and observance of HR o ICHR, Convention
and fundamental freedoms for all o IBHR, Bill
 Art.68- It directs the ECOSOC to set up  UDHR provisions
commissions in economic and social fields and o Preamble
for the promotion of HR and such other fields o General Rights, Art 1 & 2
 Art.76 says, to encourage respect for HR and o Civil and Political rights, Art 3 – 21
for fundamental freedom for all without o Economic social and cultural Rights,
distinction as to race, sex, language or religion Art.22-28
to encourage recognition of the o Miscellaneous Articles, Art.29-30
interdependence of the peoples of the world.  Legal Effects and Influence of the Universal
 Art.2.7 emphasizes the fact that only the Un Declaration
Security council has the power to force any o Not binding on member states and
country to do anything. people
o Binding on member states and people
UN Commission on HR
 It was established by Economic and Social International Covenant on Civil and Political Rights,
commission under Art.68 of the Un charter in 1966
Feb 1946 as a permanent machinery for the  The declaration was a source of inspiration to
supervision and protection of Human Rights all the member states but strictly it was not
 It consists of 18 members legally binding
 In 1990, it increased to 63  Therefore a document which talks about
 Members are elected for 3 years specific rights was released
 They meet annually for a period of 6 weeks  This is known as International covenant on
 The commission prepare reports on Human Rights
o International bill on HR  The preamble of the covenant on civil and
o International declaration on political rights is based on UN charter
convention on Civil liberties, the preamble
status of women, freedom of  Art.1-All people have right of self
information etc determination
o Protection of minorities  Art.2- Each state which is a party to the
o Prevention of Discrimination covenant ensure effective remedies
o Other matters concerning HR
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Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.Ambedkar Law College / 9498089383

 Art.3-To ensure the equal right of men and  Art.10- The protocol extends to all parts of
women to the enjoyment of all civil and federal states without any limitations
political rights
 Art.4- In times of public emergencies Second Optional protocol to International Covenant
 Art.5- No provision shall destroy other on Civil and Political Rights
provisions in covenant  This was adopted by GA in 1989
 Civil and Political rights, Part III  Abolition of death penalty would contribute
o Art.6- Right to life to enhancement of human dignity
o Art.7- Freedom from inhuman  Art.6 of the International covenant on civil
treatment and political rights refers to abolition of the
o Art.8- Freedom from slavery death penalty
o Art.11- Freedom from imprisonment
for inability to fulfil a contract International Covenant on Economic, Social and
o Art.15- Non-Retrospective laws Cultural Rights, 1966
 Art.16- right to recognition as a person before  It was adopted by GA on the
law recommendations of Drafting Committee
 Art.18- freedom of thought and religion constituted by the HR commission on Dec.16,
 Procedure for implementation of Part IV- 1966
Human Rights Committee  The provisions are based on UDHR 1948
o Reporting Procedure, Art.40  The preamble contains 31 articles divided into
o Inter State Communication System, 4 parts
Art .41 o General Provisions, Art.1-5
o Conciliation Commission, Art.42 o Economic, Social and Cultural Rights,
o Individual Communication System Art.6-15
o Implementation Machinery, Art.16-25
Optional Protocol to the International Covenant on o Concluding Provisions, Art.26-31
Civil and Political Rights
 It provides receipt, consideration and ICJ and HR
redressal of grievances received in the form of  ICJ hear cases between states only, that too
communications from individuals claiming to based on their consent to try such cases,
be victims of violations of HR as provided in contentious jurisdiction
the Covenant on Civil and Political Rights  Individuals have no right of direct access to ICJ
 Art.1- Recognizes the competence of the  ICJ also issues advisory opinions on legal
committee to receive and consider questions sought by the GA or Security
communications from individual victims of a Council or by another UN organ or specialised
violation by state party on any rights agency authorised by GA
 Art.2- Aggrieved individuals who have  Half its cases involve on land, maritime
exhausted all available domestic remedies boundary disputes
may approach committee  HR issues have been an intermittent part of
 Art.3- Committee does not consider the ICJ’s work
anonymous communications
 Art.4- Within 6 months state must respond to Customary IL and HR
committee with explanations  Customary IL is not set down in treaties or
 Art.5- Committee holds closed meetings when other documents
examining communications  It comes from usual behaviour or prolonged
 Art.6- Committee presents its activities in its practice or long usage of states towards one
annual report another or by non-treaty standards among
 Art.7- provisions of protocol are applicable to states
the colonial countries and peoples  Customary law is an important source of IL
 Art.8- Any state party can be a party to this because it binds all nations.
protocol subject to ratification  Unlike treaties it is not limited in its
 Art.9- Protocol comes into force 3 months applications
after the date of the deposit with the  Following committees, Declarations, non-
secretary general of the United Nations treaty instruments are sources of Customary
International law
o International Committee of Red cross
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Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.Ambedkar Law College / 9498089383

o UDHR o Health Research agenda

o Universal Declaration on the Rights of o Setting norms and standards in Health
Indigenous Peoples matters
o Declaration on the Right and o Spreading evidence based policy
Responsibility of Individuals, Groups options
and Organs of Society to promote and o Providing technical support to
protect universally Recognised HR and countries
Fundamental freedoms o Monitoring and assessing health
o Declaration on HR Education and trends
Training  WHO publishes World Health Report
o The body of principles for the  WHO conducts world wide World Health
protection of all persons under any Survey every year
form of detention or imprisonment  WHO celebrates world Health Day on 7th April
every year
International Bill of Human Rights
 It was the name given to Un GA resolution Amnesty International
217A.III and 2 international treaties  It was founded in London in 1961 by Lawyer
established by the UN peter benenson
 It consist of  It is an NGO for protection of HR with
o UDHR members supporters from all over the world
o International Covenant on civil and  Objective is to conduct research and generate
political rights action to prevent and end grave abuses of HR
o International Covenant on Economic, and to demand justice for persons whose
Social and Cultural Rights rights have been violated
o Two covenants came into force in  Organisation was awarded the 1977 Nobel
1976 after required number of peace Prize for its campaign against Torture
countries ratified them  It is made up of Voluntary members
 Core principle of AI is a focus on prisoners of
Third Generation Human Rights conscience
 The first generation of HR is called Blue Rights  It opposes suppression of Freedom of
 They deal essentially with liberty and expression
participation in political life  It does not intervene on political questions of
 Following are the first generation HR a Nation
o Freedom of speech  It opposes Capital Punishment
o The Right to a fair trial  Primarily Targets Governments
o Freedom of religion  Its Key areas are
o Voting Rights o Women, Children, Minorities and
 The Second generation HR are related to Indigenous Rights
equality and began to be recognised by o Ending Torture
Governments after world war II o Abolition of death penalty
o Right to be employed o Rights of refugees
o Rights to housing and Health care o Rights of prisoners of conscience
o Social Security and unemployment o Protection of Human Dignity
benefits  Its Aims are
 The Third generation HR are the rights that go o Ensure Free education to all children
beyond the mere civil and social, as expressed o Decriminalise abortion
in many progressive documents of IL like o Fight impunity from systems of justice
o 1972 Stockholm Declarations o End the recruitment and use of child
o 1992 Rio Declaration soldiers
o Promote economic, social and cultural
WHO rights
 It is concerned with International Public o Protect HR defenders
Health o Promote religious tolerance
 Established on 7.04.1948 o Protect LGBT rights
 It provides leadership on o Stop torture and ill treatment
o Global Health Matters o Protect human dignity
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Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.Ambedkar Law College / 9498089383

Nationality of Married Women o Regional HR Organisations

 UN Commission on the status of women was  The American Convention of
established in 1948 to study the status of HR 1978
women from different angles including the  The Geneva Convention 1949
Nationality of married women  European Convention on HR
 UNESCO gives women equal rights as set out 1950
in Art.15 of the UDHR  Vienna Conference 1993 or
 The GA of UNO passed a convention in 1957 World Conference on HR 1993
called the Convention on the Nationality of  Africa HR
Married Women
 As on 2013 it has 74 state parties UN Children Fund
 Main objective is everyone has a right to a  UNICEF supports states, Governments and
nationality and no one shall be arbitrarily civil societies approximately in 155 countries
deprived of his nationality nor denied the  UNICEF has been established to implement
right to change his nationality the UN Convention on the rights of the child
 Its principles are  UNICEF work includes
o Art.1- Woman’s nationality should not o Support to child rights, legislative
be automatically affected by marriage reform
to a foreign national o Justice for children
o Art.2- Acquisition or renunciation of a o Disarmament with armed forces
nationality by a husband should not o Monitoring Grave violations
prevent the wife’s retention of her o Protection against abuse
nationality  UNICEF takes efforts to include the child rights
o Art.3- Specially privileged nationality provisions in constitutions
procedures must be made available  There are currently over 20 national
for wives to take the nationality of constitutions
their husbands  Till the end of 2008, 92 countries had been
prohibited from committing violence against
Convention relating to the Stateless persons children
 The convention relating to the status of  UNICEF supports establishment of JJ system
stateless persons, 1960 is a UN Multilateral  It supports avoidance of Judicial proceedings
treaty that aims to protect stateless
individuals Commission on the status of women under the
 The status of refugees was promulgated on ECOSOC
28.07.1951  It is the principal global intergovernmental
 On 26.04.1954 ECOSOC adopted a resolution body exclusively dedicated to the promotion
to convene a conference of plenipotentiaries of gender equality and the empowerment of
to regulate and improve the status of women
stateless persons by an international  Instrumental in promoting women rights
agreement  To accelerate progress and promote women’s
enjoyment of their rights in political,
Universalization of Human Rights economic and social fields
 These rights are the basic rights without  Commission adopts multiyear work
which a human being cannot live with basic programmes to appraise progress
honour and dignity
 The nations constitution provides remedies Fractured Societies
against the violations of HR  Here there is decline in Moral values
 The following steps are taken by the UNO and  Political unrest, economic divisions, social
other international institutions to universalize turmoil, outright insurgency and civil war are
human rights common problems in the modern age
o UN Charter  Cultural divides is the cause
o UDHR  Eruption of all these conflicts create social
o International Covenant on Civil and inequality
Political rights  There can be ethnic divides
o International covenant on economic,  Threat of communal wars
social and cultural rights

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Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.Ambedkar Law College / 9498089383

 Fractured society in SA due to Apartheid Abolition of slavery

 The society must move towards rule of Law to  Slavery is a system where people are treated
avoid it as property of individuals and are forced to
 It should be by the general opening up of work under them
societies  Slaves have no free will and have no right to
 Decision making must be as per the influence leave, to refuse to work or to demand
of increasing numbers of people compensation
 In 1807 Britain banned slavery followed by
ILO USA
 It was established in the year 1919  The slavery Abolition Act 1833, UK
 Associated with league of Nations  Human Rights Act 1998, British Law
 HQ at Geneva  International Instruments
 It was brought under UNO in 1946 o Slavery Convention Treaty 1926
 It consists of o ILO Convention concerning Forced or
o International Labour conference Compulsory labour 1930
known as General Conference o Slavery Abolition Act 1833
o Governing body o UDHR 1948
o International labour office o Convention for the suppression of the
(Secretariat) traffic in persons and of the
 Its main objectives are, exploitation of the prostitution of
o Child welfare others 1949
o Social security  Slave Trade Courts were formed
o Minimum Living Wage
o Proper health of Workers Refugees
o Equal and full opportunity in  Those persons who are uprooted form their
education and employment home country and find themselves seeking
o Rise in living standards asylum and protection in another country
o Rights of collective bargaining  Armed conflict has caused many people to
o Housing, Entertainment etc migrate to neighbouring countries
 UNO established International Refugee
ICRC Organisation
 International committee of red cross is a  Substituted by UN High Commissioner for
private swiss organisation Refugees, UNHCR
 It comprise of swiss national  Someone outside their country of origin
 International org because of its neutrality  Someone without the protection of the
 Acts as neutral relief agency Government of that state
 Its activities are supported by Geneva  Duties of receiving State
convention 1939 o No discriminatory act
o Same treatment
Right to Religion in International Instruments o Same court facility
 Freedom of Religion is considered by many o Same employment opportunity
people and nations to be a fundamental o Same rationing system
human right o Same liberal profession
 It includes freedom to change religion or not o Same relief assistance
follow any religion o Same housing
 Freedom to leave religion is apostasy o Same education
 Following International declarations and o Same identity papers
conventions ensure freedom of people o State should not return persons,
o UDHR 1948 Refoul
o Civil and political Covenant 1966
o European Convention on HR Prisoners of War
o American Convention on HR  The prisoners of war are the most cared for
and protected by many International
Forced Labour Convention 1930 & 1957 Conventions and protocols, as they are the
most vulnerable group and the most likely to
be maltreated by the capturing nation
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Nuclear Arms race and Right to Life and Liberty Media and Human Rights
 Art.6 of International Covenant on Civil and  It brings the case of violation of Human Rights
Political Rights to the notice of the public at large
 Initially it was a competition between USA  The media has played its role positively and
and USSR objectively to guard public interest by bringing
 Later UK, China and France joined in this Race to the fore the misdeeds, failures and lapses
 Then India and Pakistan of the government
 Arms Control agreement began in 1970
 The Strategic Arms Limitation Treaties, SALT I Protection of Civilian population
and SALT II  During war and armed conflicts
 Civilian means any person not belonging to
Vulnerable Groups the armed forces
 Women, Children, Child Labour, Migrant  Civilian property is anything which is not a
Labour, Aged people, Disabled people, Military objective
refugees, Tribal people, HIV people represent  These are prohibited from being attacked
vulnerable groups  Historical monuments, Dams, Works of Art
 These people are exposed to attacks
 International Covenants for them HIV/ AIDS Infected persons
o UDHR 1948  Acquired Immune Deficiency Syndrome
o International Covenant on Civil and  In Asia there are over 8 million AIDS patients
Political Rights 1966 in 2000
o International Covenant on Economic,  More than 40 million have died
Social and Cultural Rights 1966  In India there are 4 million
 Transmitted through Sex, Blood transfusion,
Police Surveillance Needle sharing, Open Wounds, Organ
 It is a French word which means Watching transplant
over  Constitutional provisions
 It means to closely watch a person, place or o Art.14
thing for the purpose of obtaining information o Art.21
in a criminal investigation o Art.38, promote welfare of people
 It is monitoring of behaviour, activities or  IPC
other changing information, usually of people o Sec.269, AIDS patients should not
 Types spread disease to others
o By Communications o Sec.270, AIDS patients will be
o Video punished under Sec.270
o Workplace
HUMAN RIGHTS AND REGIONAL CONVENTIONS
Rights of Victims of Crimes
 It includes persons inflicted with pain, American Revolution 1776
suffering property loss and physical loss due  It was the result of a series of social, political
to domestic violence, sexual assault, drunken and intellectual development in American
driving, elder’s abuse, robbery, physical abuse society, American Government and the ways
etc of thinking of the people of America
 Louisiana’s 1985 victims’ rights legislation  Between 1765-1783
 13 American colonies rejected British
Protection against Torture and Cruelty monarchy
 Torture means an act of inflicting pain as  They overthrew Britain and founded the USA
punishment or revenge
 Cruelty means an act of wilfully causing French Declaration 1789
unnecessary pain The cause of it are,
 European committee for the prevention of  There was royal treatment for royals
Torture  France was economically drained due to wars
 Seven years’ war in Europe and America
 King Louis XVI was opposed by common
people

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 Declaration of the Rights of Man and of the European Commission of HR

Citizen  1953-1998
 Royals were not paying tax  It has a role in European Court
 Royals refused to forfeit their privileges  Till then Individuals did not have access here
 Declaration was based on Democratic  They received applications alleging violations
principles of the convention
 It was a battle to achieve equality  Accepted cases only after all domestic
 Over 17000 people were officially tried remedies are exhausted
 French revolution ended and Napoleon rose  Commission should assess a petition
 Committee of 3 people would assess it
European Convention on HR 1950
 Its implemented at Regional level called as European Court of HR 1959
Regional protection of Human Rights  Art.19 of European Convention of HR
 5 Major systems  Judges are from HR Council of Europe
o European  Judges are elected by a majority vote
o American  The following parties may bring a case
o African o A state party whose national is victim
o Arabian o A state party which referred the case
o Asian o A state party against whom the
 The important rights under European system complaint was lodged
o Life
o Against torture American Convention of HR 1978
o Against slavery  Pact of San jose
o Liberty  Source is American Convention of HR
o Fair hearing  Has 45 member states
o Against retrospective criminal liability  Similar to European convention
o Respect for private life  Rights adopted from American declaration of
o Freedom of thought Rights and duties
o Assembly  It contains 32 articles and 26 rights and
o Marry freedom
o Effective remedy
o Peaceful enjoyment Inter-American Court of HR 1979
o Education  Inter-American commission of HR
o Not to be expelled from state  Organisation of American states
 Composed of 2 entities
High Commissioner for HR, UN
o Inter-American commission of Human
 OHCHR Rights 1959
 It wants to promote and protect HR  Adjudicatory Function
 Framed under UDHR in 1948  Advisory Function
 Concentrated on Human Dignity o Inter-American court of HR 1977
 Established in 20.12.1993
 Present HC is a south African lady Geneva Convention 1949
Ms.Navanethem Pillai  India- Geneva Conventions Act 1960
 HQ at New York  4 Schedules
 Objectives  Schedule I on Improvement of the conditions
o Offer leadership of the wounded and sick in armed forces
o Educate individuals  Schedule II on Improvement of the conditions
 The functions and action plan are set out in 2 of the wounded and sick in armed forces at
documents namely sea
o OHCHR plan of Action  Schedule III deals with prisoners of war
o OHCHR strategic Management Annual  Schedule IV deals with Protection of Civilian
plan Persons in times of war

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Dinesh Rajasekaran / Human Rights / LLB III YEAR / Dr.Ambedkar Law College / 9498089383

Africa – HR Terrorist Activities

 Known as Dark continent  Terrorism is defined as an act to threaten the
 No outside interference till 1400AD unity, integrity, security or sovereignty of any
 European countries practised Apartheid country
 1950 , the Anti-Colonial struggle started in the  Prevention of terrorism Act 2002
name of Organisation of African Unity
 OAU Charter Juvenile justice
o Political and diplomatic co-operation  The young persons between certain age
o Economic Co-operation groups are susceptible to temptations of life
o Co-operation in Health matters and become criminals
o Scientific & technical co-operation  Conventions on the Rights of Child 1989
o Co-operation in defence and security  International Covenant on Civil and Political
 African charter of Human and people’s Rights Rights in 1966
1981  United Nations Guidelines for the prevention
 Main purpose was to eradicate Colonialism of Juvenile Delinquency 1990, The Riyadh
from Africa Guidelines
 Art.30-African commission on Human and  Juvenile Justice Act 2000
Peoples Rights 1981
Capital Punishment
International Humanitarian Law  Death Sentences
 It is the law of protection of the victims of  Violate Art.19 and Art.21
armed conflict
 Also known as Geneva law which speaks out RIGHTS UNDER HUMAN RIGHTS LAW
weapon control and regulation
 Geneva Convention 1949 Rights of Accused persons
 Art.20-22 of IC
Vienna Conference 1993  Art.20.1, Protection against Ex-post Facto law
 Also known as World conference on HR, 1993 o Kedarnath vs S.O.WB
 Promotion and protection of HR  Art.20.2, Double Jeopardy
 Internally displaced persons means a person o Muqbool Hussain vs S.O.B
who flees from one place to the other in his o Venkataraman vs UOI
homeland due to political persecution,  Art.20.3, Prohibition against Self incrimination
violence, war or for any other valid reason, o M.P.Sharma vs Satish Chandra
but he does not cross state borders o S.O.B vs Kathi Kalu
 Can be treated in par with refugees  Art.21, Protection of Life and Personal Liberty
 Apartheid policy in SA means a system of  Art.22, Safeguards against Arbitrary Arrest
institutionalised racial segregation and and Detention
discrimination for the purpose of establishing o Art.22.1&2, Persons arrested under
and maintaining domination by one racial the Ordinary law of Crimes
group of persons over another racial group of o Art.22.3-Art.22.6, Persons detained
persons and systematically oppressing them under the law Preventive detention
 Special committee against Apartheid, 06th Nov
1962 Right against Exploitation, Art.23 & 24
 Art.23, Traffic in Human Beings and Forced
Atlantic Charter 1941 labour
 It relates to 2nd world war between the allied o Chandra vs S.O.Rajastan
forces consisting of France, Poland and UK o Deena vs UOI
including common wealth countries namely o Peoples Union for Democratic Rights
Canada, Australia, New Zealand and South vs UOI
Africa and Axis forces consisting of Germany,  Art.24, Prohibition of Employment of Children
Italy and Japan
 Declared jointly by US president FDR and UK
president Winston Churchill

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Rights of Aged persons and their HR  After 1983, the same was settled score
 Ageing process is a biological reality which is through Art.21
beyond control  1992, International covenant on civil and
 Age of 60-65 roughly equivalent to retirement Political Rights
age o Khatri vs S.O.Bihar
 This is set out in the UDHR, The international o Rudul shah vs S.O.Bihar
covenants and other International HR treaties o Sebastian M.Hongray vs UOI
and declarations o Bhopal gas tragedy case
 HR violations of the aged o D.K.Basu vs S.O.WB
o Right to security
o Adequate standard of living Right to culture
o Non-Discrimination  The right to take part in cultural life
o Participation  The right to cultural participation
o Free from torture, cruelty  Art.27, International Covenant on Economic,
o Adequate social security Social and Cultural Rights and UDHR
o Highest possible standard of health  It also appears in Art.15 of ICESCR

Right to Asylum Right to Development

 Asylum seekers are amongst the most  It is an inalienable HR
vulnerable groups in society.  Art.1.1, Declaration on the Right to
 Often they left everything behind when they Development adopted in 1986 by UNGA
fled their countries.  Working group on the Right to Development
 They may have been subjected to torture or established in 1998
they may have witnessed their loved ones  OHCHR, Office of the UN high commissioner
being killed for Human Rights
 Often their health and well-being will be  This right is recognised in
seriously affected o African Charter on Human and
 Art.14 – UDHR, Everyone has a right to seek People’s Right and the Arab Charter
and enjoy in other countries asylum from on HR
prosecution o 1992, Rio Declaration on Environment
and Development
Right to Clean Water o 1993, Vienna Convention and
 It is defined as the Right of everyone to Programme for Action and
sufficient, safe, acceptable and physically Millennium declaration
accessible and affordable water for personal o 2002 Monterrey Consensus
and domestic uses. o 2005 World Summit Outcome
 2002, the committee on Economic, Social and Document
Cultural Rights adopted a resolution regarding o 2007 Declaration on the Rights of
Right to water indigenous Peoples
 2010, UN GA recognized the HR to water and
sanitation Right to Die
 WHO says 50 litres of water are needed for  It is an ethical right of any individual to
Man daily commit suicide or voluntary euthanasia
 HR Council resolution in 2011 takes the HR to  This right is available to a person with a
safe drinking water and sanitation Terminal illness
 World Health Assembly Resolution 2011 made  Such person should be allowed to commit
a call to member states to ensure the same suicide
 2010, Appointment of Independent expert  Fasting by Starvation – Prayopavesa, Hindu
 Jaininsm has similar practice named, Santhara
Right to Compensation  Suicide is a Sin, Christianity
 Before 1983, the courts in India refused to  Patient Self Determination Act 1991
award compensation for violation of FR.  Art.21, Right to Die
 Victims had to file civil suits under the law of o S.O.M vs Maruty sripad dubal
torts for claiming compensation o P.Rathinam vs UOI
 Many statutory limitations was seen o Gian Kumar vs S.O.P

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Right to Education  UDHR recognises transparent and open

 Education refers to formal institutional elections to ensure the FR of citizens to
instructions participate in the government
 In Europe, Education was the responsibility of  Art.21 of UDHR
Parents and Church  Art.25 of the International Covenant on Civil
 After French and American Revolution, it and Political Rights, ICCPR
became accessible to all  Art.19, Freedom of Expression
 1849, Constitution of the German Empire  Art.21, Freedom of Assembly
recognised education as a function of the  Art.22, Freedom of Association
state  Art.26, Freedom of non-discrimination
 1936, Soviet constitution recognised Right to  Art.25, Every citizen has the right and the
Education opportunity, without any unreasonable
 Art.26, UDHR restrictions
 Art.13 & 14, International Covenant on  Art.2 of the ICCPR specifies that voting and
Economic, Social and Cultural Rights participation in elections is a Universal Right
 1960, UNESCO Convention against
discrimination in Education Right to Equality before Law
 4 A’s of right to Education  Legal Equality
o Availability  Due process of law
o Accessibility  Art.7 of UDHR
o Acceptability  Art.14 of IC
o Adaptability
Right to equal pay for Equal Work
Right to Education of women and Children  UK Enacted Equal pay Act 1970
 International HR prohibits discrimination  It is a concept of Labour rights governed by
against women in the area of Education labour welfare legislations
 Art.26 of UDHR  No Sex discriminations
 Art.3 of International Covenant on Economic,  Convention 100 of ILO
Social and Cultural Rights  Art.7 of ICESCR
 Art.13 & 14, International Covenant on  Art.4 of European Social Charter
Economic, Social and Cultural Rights  Art.15 of African charter on HR and People
 Art.10 of the Convention on the elimination of Rights
all forms of discrimination against women  Art.39.c of the IC aims to prevent the
 UNESCO convention against Discrimination in concentration of wealth in the hands of a few
Education  Equal remuneration Act 1976
 Beijing platform of Action of the UN Fourth o Randhir Singh vs UOI
World Conference on Women in 1995 o S.O.H vs Rajpal Sharma
 UN Convention on the Rights of Child
 Art.29 of the convention says that education Right to equal opportunity in public Employment
of the child shall be directed to the  It ensures that all employees employed in
development of respect for Human Rights and Public authorities have equal opportunity in
Fundamental Freedoms their work place and they are not subject to
 India has 19% of World Children Population discrimination
 Australia Parliament enacted Equal
Right to Election Opportunity Act 1984
 Election for General public means, to elect a  Role of the Director of Equal Opportunity in
candidate among the available persons Public Employment
standing in election by a voting process o Access to jobs
 The people elect a person of choice through o Conditions of Employment
secret ballot systems o Relationships in the workplace
 Voting is a formal expression of preference for o The evaluation of performance
a candidate for an office o The opportunity for training and
 Voting generally takes place at national or career development
regional or local elections  Art.16 of IC, There shall be Equal opportunity
for all citizens in matters relating to

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employment or appointment to any office  Art.25, Convention on the Rights of persons

under the state with disabilities, 2006
o Indira sawhney vs UOI
Right to Movement
Right to Family Environment  Mobility Rights and Right to Travel is a Human
 It means a primary social group consisting of right concept respected by the Constitution of
parents and their off springs many states
o Right to Family  Right to movement in International
o Family Life Conventions, declarations etc
o Parents and Children  UDHR 1948
 Art.8, European Court  ICCPR 1966
 Art.13 of UDHR
Right to Food  Art.27, Freedom of Movement on UN human
 It is a Human Right, protecting the right of Rights Committee
people to feed themselves in dignity
 It protects the right of all human beings to be Rights of Migrant Workers
free from hunger, food insecurity and  It means anyone working outside of their
malnutrition home country
 FAO of the UN  It also includes someone who migrates within
 Art.25 of UDHR a country, in order to pursue work/ seasonal
 Optional protocol to the International work
covenant on Economic, Social and Cultural  UN Conventions on the Protection of the
rights, 2009, ESCR Rights of all Migrant workers and Members of
 2012, Food Assistance Convention their families, 18.12.1990
 Genocide convention 1948
 Convention relating to the status of Refugees Rights of Minorities
1951  It means a community which is numerically
 Convention on the Rights of the child 1989 less than 50%
 Convention on the Elimination of all forms of  Sec.2.c of National Commission of Minority
discrimination against women 1979 Act 1992
 Convention on the Rights of persons with  Art.14, Equality before law
disabilities 2007  Art.15, State shall not discriminate against any
 International convention on ESCR 1966 citizen on grounds only of Religion, rec, caste,
 2002, Special reporter on the Right to Food Sex, Place of Birth
o Availability  Art.16, Equality of opportunity in matters of
o Accessibility Public employment
o Adequacy  Art.25-28, Preserve and protect the freedom
o No Discrimination of all religion professed in the country
 World food summit 1996
Rights of persons with disability
Right to Health  Disability includes long term physical, mental,
 It is an Economic, Social and Cultural right to a intellectual or sensory impairments
universal minimum standard of health to  The ability of the individual to function as a
which all individuals on earth are entitled normal person has been disabled
 WHO, 1946  Equal opportunities, protection of rights and
 Art.25 of UDHR 1948 full participation Act 1995
 Art.12 on ICESCR o Rights of equality before law
 Art.12 , Convention on the Elimination of All o Non-discrimination
Forms of Discrimination against Women, 1979 o Equal opportunity
 Convention on Rights of Child, 1989 o Independent living
o Art.3, Adhering health standards o Full integration
o Art.17, Childs right to access mental o Security
health  Art.25.1, UDHR
o Art.23, rights of disabled children  Art.26, ICCPR 1966
o Art.24, Outlines child health in detail  Art.2.2, ICESCR 1966

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 Declaration on the Rights of Mentally Right to religion

Retarded Persons 1971  Everyone has the right to freedom of thought,
o Sychita Srivasta vs Chandigarh conscience and religion
Administration  This includes freedom to have a religion or
 Declaration on the Rights of Disabled persons whatever belief of his choice
1975  Derived from western Latin word Religare
 Declaration on the Rights of Deaf-Blind  1993, HR Committee
persons 1979  Art.18, UDHR 1948
 Convention concerning Vocational  International covenant on civil and political
Rehabilitation and Employment 1983 rights 1966
 Persons with disabilities Act 1995  Declaration on the Elimination of all forms of
 Convention on the Rights of person with intolerance and of discrimination based on
Disabilities 2008 religious or belief 1981
 Human Rights to disabled
o Right to Education Right to Social Security
o Participation Rights  It is recognised as a HR and hence social
o Voting Rights security assistance are to be necessarily
o Committee on the Rights of persons provided for those unable to work due to
with disabilities sickness, disability, maternity, employment
injury, unemployment, old age etc
Right to Property  Types of social security
 It is a HR for natural persons regarding their o Health services
possessions o Old age benefits
 It is a controversial HR o Unemployment benefits
 Art.17, UDHR o Employment injury
 Art.1, European convention on HR o Family and child support
 International convention on the elimination of o Maternity benefits
all forms of racial discrimination o Disability protections
o Art.5, Right to equality o Provisions for survivors and orphans
 Convention on the elimination of all forms of  Art.22, UDHR , Right to social security
discrimination against women  Art.25, right to an adequate standard of living
o Art.16, Property rights  Art.9, ICESCR
 American declaration of the rights and duties  Art.26, The convention on Rights of Child
of man 1948
o Art.23 recognize property rights Right to Tribal in India
 The American Convention on HR  Tribe means a unit of socio political
o Art.21 organisation consisting of a number of
 Art.300-A, Right to property as a families, clans, or other groups who share a
Constitutional right common ancestry and culture
o Maneka Gandhi case  Chakmas case 1996
 5th and 6th Schedule of IC talks about
Right of prisoners in India protection of Tribes in India
 Fundamental Rights upon citizens
 UDHR 1948 Right to Vote
 UNCCPR  It is a basic HR
 UN Codified standard of treatment for  It Empowers citizens to influence which party
prisoners to form the Government to safeguard their
 HR standard Minimum Rules for the other HR
Treatment of prisoners 1955  Free and fair elections help peaceful transfers
 Prisoners Act 1894 of power
 CRPC 1973  Art.21 of UDHR
o Maneka Gandhi vs UOI  Art.25 of ICCPR
o Sunil Batra vs Delhi Administration  Art 7, CEDAW
o Rudal Shah case  Art.5, CERD

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Right to Work o Right not to be imprisoned for breach

 It is a basic HR of contract
 People have a HR to work or engage in  Art.47 of IC speaks about the Duty of the state
Productive Employment and should not be to raise the level of Nutrition and the
prevented from engaging in work or Standard of living and to improve public
productive employment health
 Art.23.1, UDHR
o Free choice of employment Enactments regarding HR Laws in India
o Just and favourable conditions of  Instruments of Accession Act 1979
work  Constitution of India 1950
o Protection against unemployment  Enactments relating to Beggary, Item 9, List II,
 African charter on HR 7th Schedule
 Bonded labour System Act 1976
Others  CRPC 1973
 Art.21, Against freedom from arbitrary arrest  Persons with Disabilities Act 1995
 Art.19.1.c, freedom of association  Protection of women from Domestic Violence
 Art.21, Freedom from illegal preventive Act 2005
detention  Hindu Adoption and Maintenance Act 1956
o Freedom from extra-legal execution  Hindu Marriage Act 1956
 Biological Diversity Act 2002
HUMAN RIGHTS IN INDIA  Environment protection Act 1986
 Air Act 1981
Human rights and Fundamental Rights  Water Act 1974
 Preamble of Un says ‘we the people of the UN  Public Liability Insurance Act 1991
reaffirm faith in fundamental HR in the dignity  Mines Act 1952
and worth of human person, in the equal  Writs, Art.226 & 32
rights of men and women’
 Indian prisons Act 1894
 GA adopted UDHR in 1948
 Legal Services Authorities Act 1987
 Instruments of accession 1979
 Nuclear non-proliferation treaty 1968
 Art.9, Covenant on civil and political right
 Strategic Arms reduction Treaty 1991
We, the people of India having solemnly resolved to
 Comprehensive Test ban treaty 1995
constitute India into a Sovereign, Socialist, Secular,
 Outer Space Treaty 1967
Democratic Republic and to secure all its citizens  Immoral Traffic in Women and Girls Act 1956
 Justice of Social, Economic and Political  Labour Legislations
 Liberty of Thought, expression, belief, faith  Representation of Peoples Act 1951
and worship.
 Equality of Status, opportunity and to Human Rights Council
promote them all.  AICHLS
 Fraternity assuring the dignity of the  All India Council of HR, Liberties & Social
Individual and the unity and integrity of the Justice
nation.  Established in 2009
In our Constituent Assembly this 26.11.1949 do  People’s action for HR & Liberties, 2005
hereby adopt, enact and give to ourselves this
constitution. Role of HR in Administration of Justice
The following International HR Charters,
 Leading case laws in IC
 UN Commission on HR
o Right to have legal assistance
 Universal Declaration of HR
o Information
o Compensation  International Covenant on Civil and Political
o Speedy Trial Rights 1966
o Privacy  International Covenant on Economic, Social
o Prisoners to be treated with Humanity and Cultural Rights 1966
o Travel abroad  Convention on the Rights of persons with
o Against Hand cuffing and Public disabilities 2008
Hanging  Declaration on the Rights of disabled persons
1975
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 Conventions on Rights of child 1930 REMEDIES FOR VIOLATIONS OF HR

 Forced labour Convention 1957
 Geneva Convention 1949  National Human Rights Commission
 Vienna Conference 1993  State Human Rights Commission
 World Conference on HR 1993  Protection of Human Rights Act 1993
 Dowry prohibition Act 1961  Judicial Activism
 Equal Remuneration Act  Role of courts in Protecting HR in India
 Prevention of terrorism Act 2002  Writs
 The Child Labour Act 1986 o Habeas Corpus
 The Factories Act 1948 o Mandamus
 The Mines Act 1983 o Certiorari
 The Indian ports Act 1931 o Prohibition
o Quo-warranto
Untouchability  Public Interest Litigation
 It is the Practice of segregating a group from  Committee against torture
the social custom or by legal mandate
 It is abolished by Art.17 ***************
 Untouchability Offences Act 1955

Women
 We call India is our Mother Country and we
treat our Mother as Goddess

Child Labour
 Employment of children in some occupation.
 India has the largest number of working
children in the world
 Art.24, No child below 14 yrs shall be
employed
 Art.45, free and Compulsory education

Conscientious Objections to Military service

 It is an individual who has claimed the right to
refuse to perform military service on the
grounds of freedom of thought, conscience or
religion
 Compulsory military service is violation of HR

Freedom of Association for Police and Armed Forces

 It means a right to get together for a legal
common cause or purpose without
interference
 ODIHR, Office for Democratic Institutions and
Human Rights
 DCAF – Democratic control of Armed Forces
 The Police Forces Act 1966
 The Army Act 1950
 The Navy Act 1957
 The Air force Act 1950

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