1 Define the term Human Rights and discuss the various types of Human

Rights ?

Ans : Article 1 states that “All human beings are born free and equal in dignity
and rights. They are endowed with reason and conscience and should act towards
one another in a spirit of brotherhood”.

The United Nations Decade for Human Rights Education (1995-2004 ) has
defined HRE as “ training, dissemination and information efforts aimed at the
building of a universal culture of HR’s through the imparting of knowledge and
skills and the moulding of attitudes which are directed to: the strengthening of
respect for Human Rights and fundamental freedoms.

The full development of the human personality and sense of its dignity.

The promotion of understanding respect, gender equality and friendship among all
nations, indigenous peoples and racial, national, ethnic, religions and linguistic
groups. The enabling of all persons to participate effectively in a free society. The
furtherance of the activities of the UN for the maintenance of peace.

Education for Human Rights help people feel the importance of Human Rights .
Internalize human rights values and integrate them into the way they live.
Education for Human Rights helps people feel the importance of Human Rights,
internalize human rights values and integrate them into the way they live.
Education for Human Rights also gives people a sense of responsibility for
respecting and defending human rights and empowers them through learned skills,
to take appropriate action.

Human Rights are basic rights and freedoms to which all humans are entitled.”

UNESCO International Congress on Education for Human Rights and Democracy

adopted following definition of Human Rights Education, “ Human Rights
Education is human rights, a precondition for sustainable development , the civil
society and democracy ”. Human Rights enable us to respect each other and live
peacefully with each other. Human Rights are the basic standards without which
people cannot live in dignity .People from all over the world from various
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religion , race, gender, language shares the same Human Rights . Every individual
is treated as a special and unique person.

Principles of Human Rights

Inalienability

Interdependency

Non- Discrimination

Universality

Indivisibility

Equality

Responsibility

Types of Rights

Civil Rights

Political Rights

Economic Rights

Social Rights

Child rights

Women’s Rights

Environmental Rights

Disabled Rights

Refugees Rights

Prisoner’s Rights

They are universal in that they are possessesd by all by virtue of the fact that they
are human and independent in that their existence as moral standards of

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justification and criticism is independent whether or not they are recognized by a
particular national or international legal system or government.

Importance of Human Rights :

Jack Donnelly an authority on Human Rights comments, “human Rights are

literally the rights that one has simply because one is human. This deceptively
simple idea has profound social and political consequences. Human Rights because
they rest on nothing more than being human are universal, equal

and inalienable. All human beings hold them universally. One either is or is not
human and thus has or does not have human rights equally. And one can stop being
a human being no matter how inhuman the treatment one may suffer. One is
entitled to human rights and is empowered by them”.

Theoretical perception

First Generation Rights : Civil and Political Rights . These rights began to emerge
as a theory during the seventeenth and eighteenth centuries and were based mostly
on political concerns.

Second Generation Rights : Social , economic and cultural rights. These rights are
based on the principle of equality and leads to social economic goods.

Third Generation Rights : These rights are based on solidarity rights . They are
known as collective rights. They help in the progress of the nation.

From the above it follows that the evolution of Human Rights is need based and
community interest is sustained.

2 Examine the features of Universal Declaration on Human Rights?

The Universal Declaration on Human Rights adopted on Dec10th, 1948 was

approved by many countries . 3 Examine the features of Universal Declaration on
Human Rights ?

In the modern days Human Rights aim to create the necessary positive and
negative conditions. They provide for a “Universal” minimal standard of justice,
tolerance and human dignity. All the sovereign states have recognized the
existence of Human Rights through the Charter of the UN.
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 The UDHR was signed on 10th December 1948 and was accepted b the UN
General Assembly. Eleannor Roosevelt acted as the Chairperson of the
Commission on Human Rights. The document says “Man’s desire for peace lies
behind this declaration. The realization that the flagrant violation of Human Rights
by Nazi and Fascist countries sowed the seeds of the last World War has supplied
the impetus for the work which bring us to the movement of achievement here to
say. The Universal Declaration on Human Rights was institutionalized all over the
world with the signing of the Declaration. The enactment of UDHR marks a new
regime a desire for peace and to protect the basic dignity of humans and freedom.
The UDHR inspired many individuals and policy makers around the world to work
towards a better world.

Features

• It is a common standard of achievement of all peoples and nations.

• The UDHR describes about the fundamental norms of human rights that
everyone should respect and protect.
• International Bill of Human Rights includes the UDHR together with the
International Covenant on Civil and Political Rights and its tow Optional
Protocols and the International Covenant on Economic, Social and Cultural
Rights.
• The States should respect these laws.
• An aspirational document for the realization of human rights. Negotiation of
values.

Preamble : The Preamble of the UDHR can be regarded as an important feature

that describes about Four Freedoms. They are Freedom of Speech, Belief, Freedom
from Want and Freedom from Fear which is proclaimed as the highest aspiration of
the people. The Preamble describes about the inherent dignity and the equal and
inalienable rights of all members of the human family. It is the foundation of
freedom, justice and peace in the world.

The UDHR as a document runs through Article 1 to Article 30. It describes

various provisions a few are mentioned below to understand the significance of
various Human Rights.

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Article 1: All human beings are created free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one another in a
spirit of brotherhood.

Article 3 : Everyone has the right to life, liberty and security of person.

Article 5 : No one shall be subjected to torture or to cruel , inhuman or degrading

treatment or punishment .

Article 12 : No one shall be subjected to arbitrary interference with his privacy ,

family home or correspondence nor to attack upon his honor and reputation.

Everyone has the right to the protection of the law against such interference or
attacks.

Article 19 : Everyone has the right to freedom of opinion and expression. This
right includes freedom to hold opinions without interference and to seek, receive
and impart information and ideas through any media and regardless of frontiers.

Article 20: Everyone has the right to freedom of peaceful assembly and association
. No one may be compelled to belong to an association.

Article 28 : Everyone is entitled to a social and international order in which the

rights and freedoms set forth in this Declaration can be fully realized.

Critique :

1 The UDHR has been criticized as an Euro-Centric document.

2 It may not be acceptable to countries with a conservative background.

3 Universalisation of Human Rights did not occur.

4 Demand for the inclusion of a new framework to understand Human Rights.

5 Human Rights of Women are not dealt at length.

Conclusion: The UDHR can be considered as a milestone in the advancement of

Human Rights. A conscious effort was made to make them available to every
individual. Unfortunately, the violation of Human Rights at the global level can be
noticed.

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3 Comment on the main objectives of the World Conference on Human Rights
held in Vienna Austria in 1993.

The World Conference on Human Rights was held by the United

Nations in Vienna, Austria, from 14 to 25 June 1993 .The World Conference on
Human Rights was attended by representatives of 171 nations and 800 NGOs, with
some 7,000 participants overall. After the adoption of Universal Declaration on
Human Rights in 1948 this conference had a multi-pronged agenda. It was
organized by Human Rights expert John Pace. Popularly known as the Vienna
Declaration and Programme of Action was adopted on the last day of the
conference. By a world of consensus on June 25th, 1993 the representatives of 171
States adopted. The World Conference on Human Rights was described by the
United Nations Secretary-General Boutros Boutros-Ghali, in a message as "a new
vision for global action for human rights into the next century”

A few resolutions were adopted. They are as follows:

The establishment of a High Commissioner for Human Rights by the General

Assembly. To this effect the post was created on 20th December 1993.

Mr. José Ayala Lasso was nominated by the Secretary-General as the first High
Commissioner and assumed office on 5 April 1994.

To secure the independence of the Office of the UN High Commissioner for

Human Rights (OHCHR).

It reaffirms the solemn commitment of all States to fulfill their obligations to

promote universal respect for, and observance and protection of, all human rights
and fundamental freedoms for all in accordance with the Charter of the United
Nations, other instruments relating to human rights, and international law.

They accepted that the universal nature of these rights and freedoms is beyond
question.

A review and debate over the status of Human Rights was recommended .

The World Conference on Human Rights discussed the need to strengthen the
United Nations Centre for Human Rights.

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Welcoming the International Year of the World's Indigenous People 1993 as a
reaffirmation of the commitment of the international community to ensure their
enjoyment of all human rights and fundamental freedoms and to respect the value
and diversity of their cultures and identities,

The existence of widespread extreme poverty inhibits the full and effective
enjoyment of human rights; its immediate alleviation and eventual elimination
must remain a high priority for the international community.

• To explore the link between Humanitarian and Humanitarian Rights Laws.

• Gender based violence and how to accord priority to the full and equal
enjoyment of women’s Human Rights
• Need to assert the rights of indigenous people and minorities with the rise of
Xenophobia and racism
• Prior participation in the preparatory meeting on Human Rights
• Political conditions such as good Governance and respect for civil and
political rights was raised.
• The World Conference on Human Rights in the Vienna Declaration and
Programme of Action stated that Human Rights Education, Training and
enlightenment are essential.
• By incorporating Human Rights, Democracy and Rule of Law governments,
institutions and States can institutionalize them.

Conclusion : Thus , the Vienna World Conference on Human Rights can be

regarded as a milestone in the history of Human Rights Struggle. Several
structural changes were brought about for the sake of enforcement. At a later
stage several countries adopted these resolutions and India also passed an Act in
the Parliament that led to the establishment of National Human Rights
Commission in India.

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 4 What are Child Rights? Examine the causes for their violation?

“ To guarantee the Human Rights of children is to invest in the future”.

Children Action Campaign 1999 of Amnesty International Report

In 1924 Declaration of the Rights of the Child came to be known as the

“Declaration of Geneva” based on the vision of League of Nations was adopted.

The United Nations Children’s Fund UNICEF is the main international body
dedicated to the rights of every child. The convention of the Rights of the Child is
the major convention that countries sign Somalia and USA are the only two
countries in the world that have-not ratified the Convention.

Listed below are some of the common problems the children face:

• Refugees
• Hazardous labour exploitation
• Physical abuse
• Sexual violence and exploitation
• Recruitment as child soldiers
• Police abuse and arbitrary detention of street children
• Orphans and abandoned children without adequate care
• Sexual abuse and trafficking
• Lack of access to education or substandard education

Child Labour is a Human Rights question as well. It is just unacceptable that

more than 100 million children are working and so many children are denied
their basic rights.

Causes for Child Labour:

• Poverty
• Large size of the family
• Absence of provisions for compulsory education
• Ignorance of parents
• Bonded Labour
• Raising of siblings in the family

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 • Cheap labour
• Source of income for the family
• Failure of the government in the enforcement of Child Rights
• Illiteracy and lack of opportunities for the growth and development of
children
• Child rights are not protected and are abused by employing children in
various sectors.
• Child rights aren’t recognised by families and institutions.

A number of children are employed in unorganised sectors and they work as

domestic servants or as workers in hotels, hostels, restaurants, dhabas, hawkers,
newspapers sellers, collies, shoe shine boys, vendors or as helpers in motor
repair shops. They are even susceptible to drug, alcoholic abuses and to many
other socially deviant behaviour. Children are subjected to long hours of work,
poor working conditions, low wages in security of employment and
occupational hazards affect them. An International Labour Organization
estimation on Child Labour says that as many as 25 % are estimated to be
working.

The Dakar Framework for Action on Education for All is major legal document.
The Framework identifies six goals, which includes inter alia, progressive
expansion of early Childhood Care and Education, Universalisation of Elementary
education by 2015, achieving gender Equality in Education by 2015 and
improvement in the quality of education.

The first UN document focussed on Child Rights and the Declaration on the
Rights of the Child. In 1989 the United Nations Convention on the Rights of the
Child was adopted as the internationally legally binding document. The
Convention on the Rights of the child (CRC) is written in a positive, forward spirit,
asking the States which have ratified it to create conditions enabling children to
participate in the social and political life of their country.

Article 1 of the CRC stipulates that anyone below the age of 18 is to be

considered as a child. The text holds that the best interests of the child should be a
primary concern to each State. It encompasses all Human Rights: civil, political,

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economic, social and cultural and recognised that the enjoyment of rights should
not be separated from the enjoyment of other rights.
The CRC describes that for the intellectual, moral and spiritual development, the
child must live in a healthy, safe environment. He must have access to a minimum
standard of healthcare, food shelter and clothing. The Convention has broadened
the application of Human Rights by protecting the Child against all forms of
exploitation, by dealing with cases of children belonging to minority and
indigenous groups and by dealing with drug addiction and abandonment. It also
recognises the vital role played by the family and parents in the care and protection
of the child, as well as the State’s obligation to assist them in this role.
Optional Protocols
In 2000 the CRC was further broadened with the adoption of two additional
protocols subjected to ratification by the States:
• The first protocol concerns the sale of children, child prostitution and child
pornography.
• The Second protocol concerns child involvement in armed conflicts.
• The Third Optional Protocol to the CRC on a Communications Procedure
(OP3 CRC) sets out an international complaints procedure for child rights
violations. Children from states that have ratified to bring complaints about
violations of their rights directly to the UN Committee on the Rights of the
Child if they have not found a solution at national level.

There is no universal picture of Children and Childhood. The Universal

Declaration of Human Rights in specific deals with Children’s Rights.
Article 25 states that “Motherhood and Childhood are entitled to special care and
assistance” & adds that “All children, whether born in or out of wedlock, shall
enjoy the same social protection.” In Article 26, which deals with the right to
education, provision is made to ensure that, parents have a prior right to choose the
kind of education that shall be given to their children.
The year 1979 was observed as International Year of the Child by the United
Nations General Assembly. Several activities and programmes were initiated. In
India “Reaching the Deprived Children” was chosen as the theme. It consists of
Articles 54 covering all four major categories of Child Rights. Rights t o Life,
Rights to Development, Right to Protection and Right to Participation.

In India the following provisions are notable:

• In India the Child Labour (Prohibition and Regulation) Act was enacted in
1986 to specifically address the situation of child labour.

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 • With regard to education, the Constitution 86th Amendment Act was
notified in December 2002, making free and compulsory education a
Fundamental Right for all children in the age group of 6to 14 years.
• Article 21 A was added to the Constitution for recognising right to primary
education. Article45 of the Constitutions has been substituted so as to
provide for early childhood care and education for all children till they
complete the age of 6 years.
• Article 51 A was further modified by adding a clause (k) stating the it is the
duty of the parents / guardians to provide opportunities for education to
their children/ward between the age of six and fourteen years.
• Sarva Shiksha Abhiyan was launched in 2001-2002 for providing
comprehensive elementary education to all children. This can lead to
Universalisation of Elementary Education
• The NCPCR was set up in March 2007 under the commission for the
Protection of Child Rights Act 2005 an Act of Parliament in December
2005.Stutui Narain Kacker was appointed as Chairperson of National
Commission for Protection of Child Rights .

• In July 2016, the Parliament has passed the Child Labour (Prohibition and
Regulation) Amendment Bill, 2016. This act amends the Child Labour
(Prohibition and Regulation) Act, 1986 by widening its scope against child
labour and provides for stricter punishments for violations. The 1986 act
prohibits employment of children below 14 years in 83 hazardous
occupations and processes.

Major Features:

The act has completely banned employment of children below 14 in all

occupations and enterprises, except those run by his or her own family, provided
that education does not hampered.

The 1986 act prohibited the employment of children under 14 years in certain
occupations like bidi-making, mines, domestic work, power looms, automobile
workshops, carpet weaving etc.

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 Addition of a new category of persons called “adolescent”. It defines children
between 14 to 18 years as adolescents and bars their employment in any hazardous
occupations.

The act makes child labour a cognizable offence. Employing children below 14
years will attract a jail term between 6 months to two years (earlier 3 months to 1
year) or a penalty between twenty-thousand to fifty thousand rupees or both for the
first time.

Repeat offenders will attract imprisonment between 1 year to 3 years (6 months to

2 years). In case, the offender is a parent, it provides a relaxed penal provision and
proposes a fine of Rs.10,000 for repeat offence committed by parent.

The act has a provision of creating Rehabilitation Fund for the rehabilitation of
children. The number of hazardous occupations has been brought down from 83 to
3. The three occupations are mining, inflammable substances, and hazardous
processes under the Factories Act.

It empowers Union Government to add or omit any hazardous occupation from the
list included in the act.

Empowers the government to make periodic inspection of places at which

employment of children and adolescents are prohibited. Government may confer
powers on a District Magistrate (DM) to ensure that the provisions of the law are
properly carried out and implemented.

Positive Aspects of the Act With passing of this new legislation, India law is now
aligned with the statutes of the International Labour Organisation (ILO)
convention.

It calls complete ban on child labour so they can get compulsory primary education
under Right to Education.

Further, the act has recognized the ground realities of family enterprises and
permitted children to help their parents run their family enterprises. It has increased
the penalties for employing children and made child labour as a cognizable
offence.

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Criticisms:
According to the UNICEF India, permitting children to work in their
family enterprises would lead to more children working in unregulated
conditions.
The Section 3 which has this provision does not even specify the hours
of work. It simply states that children can help after school hours or
during vacations. It may restrict the children especially the poor children
belonging to low caste to traditional caste-based occupations for
generations.
Also, it may be difficult to determine whether an enterprise is owned by
a family or some person has employed the whole family to run the
enterprise. It has reduced the number of hazardous occupation from 83
to just 3 (mining, explosives and occupations mentioned in the Factory
Act).
This paves way for children to be employed in hazardous chemical
mixing units, battery recycling units, among others. In addition, the
present list of hazardous occupation is liable to be removed by the
government authorities on their own discretion.
According to Section 4 of the Act, they need not approach parliament for
doing so. According to an estimate, nearly 10% of adolescents working
in hazardous conditions are working in family enterprises. The Bill has
also expanded the definition of family to include not only parents and
siblings but also the siblings of either parent.

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