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Class : BALLB / BBALLB

Paper Code :LLB 407

Subject : HUMAN RIGHTS LAW
Faculty Name :Annapurna Tiwari

Unit-I: Introduction
a. Nature
Human beings are rational beings. They by virtue of their being human possess certain basic and
inalienable rights, which are commonly known as Human Rights. According to the New
International Webster’s Comprehensive Dictionary of the English Language, literally the word
“right” means anything done in accordance with or conformable to truth or fact, correct, true,
accurate, not mistaken, conformable to a standard of propriety, fit , suitable and the word
“human” means pertaining to characterizing man or mankind.

Human Right is mainly related to humans and nature of human right is different. It usually
belongs to the human being and it is inseparable with human being. It does not require any state
recognition, any legitimacy from the state and any enforcement. Human rights are older than
states.

History of human rights can be traced back to man itself. When there was only human being
human right was there. When there was not state, natural law etc there was human right. History
of human rights starts with the history of man itself. Different names were given to human rights.
It is inherent rights as the child from the womb of the mother acquires it.

Nature of human rights changed with Industrial Revolution. Human rights in this era was
considered as social rights. Human rights changed with Russian Revolution 1916. The outcome
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of this was making of first constitutionUniversity,
of USSR Delhi)
in 1916. It was the first constitution of the
modern states guaranteed Social and Economic Rights in its Constitution itself. This led to dawn
of Second Generation Human Rights.
After that large new groups emerged demanding different rights. In later half of 20th century led
to the recognition of rights of Groups more than rights of Individuals. Human rights of first
generation limited to the Individuals. Lastly, Human rights of Third Generation concerned
with Rights of Groups less concerned with Individual Rights.

b. Origin and Evolution

The history of origin and development of Human Rights is very fascinating. The origin of human
is traced by some Scholars back to the times of ancient Greeks. The fact that human rights were
recognized as natural rights of man is illustrated by a Greek play Antigone. Though, the roots for
the protection of the rights of man may be traced as for back as in the Babylonian laws. Assyrian
laws, Hittite laws and in the all major religions of the world. In Philosophy, the development of
the notion of the natural rights of man was contributed by the stoic philosophers. They first
developed natural law theory and by virtue of it they explained the nature of human rights. i.e.
rights which every human beings posses by virtue of being human.

Generally it is said that the struggle for human rights started in the Western world sometimes in
the beginning of 13th century, which is the great English Charter known as Magna Carta was
issued but the fact is that this struggle had started even 200 years prior to the issue of this charter
determining the rights of the parliament in 1037 AD. After, that, in 1188 Kind Alfonso had
accepted in Principle of Habeas Corpus. The Second important document was the draft of Right,
1689. Other important documents included the English Bill of Rights, 1689, American
declaration of independence, 1776, French declaration of the Rights of man and of the Citizens,
1789 etc.
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Though the established fact is that concept of “Human
University, Delhi)Rights” was existed, before the “Magna
Carta” (Bill of Rights), itself came into existence. However, Magna Carta enjoys the status of a
milestone in the history of human rights. Henry I, Stephen and Henry II continued to promise
that they will accept this charter but they did not keep their promise. But King John, who was
also known as John, Tyrant because of his hard temperament, signed this charter. It is said that
he did bow under the pressure of Barons. This charter was also issued in 1216, 1217 and 1325
after being amended and modified. The expression ‘fundamental rights of man ‘were stated in
the declaration and constitutional instruments of many states. Thus, the term human rights came
somewhat late in the vocabulary of mankind. It is a twentieth century name for what has been
traditionally known as Natural rights or the rights of Man. It was first used by Thomas Paine in
the English translation of the French Declaration of the rights of Man and citizen. The term
natural law was replaced because the concept of natural law had become a matter of great
controversy and the phrase ‘the rights of man’ was found unsuitable as it was not universally
understood to include the rights of women.

c. Development of Human Right Regime

The turning point for the traditional approach in International law came in 1940’s in midst of the
extreme human rights abuses in war-torn Europe during the World War II shocking crimes were
committed against the humanity and there was a total suppression of fundamental human rights.
Nazi leaders of Germany have established a regime of complete lawlessness and tyranny. They
had barbously negated human values and dignity within their territories under their occupation. It
was at that time realized that the restoration of the freedoms and rights to the people is one of the
essential conditions for the establishment of international peace and security. Violation of human
rights was considered as a source of International conflict and protection of human rights was
regarded as necessary for international peace. This conviction was reflected in the proclamation
issued by President Franklin D, Roosevelt on January 6, 1941 which came to be known as ‘Four
Freedoms’. These he listed as freedom of speech, freedom of religion, freedom from want and
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freedom from fear. In the message he declared; “freedom
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everywhere. Our support goes to those who struggle to gain these rights or keep them”. It was
rightly recognized goal which can be found through the above freedoms. The same efforts for the
creation of an international organization, in order to establish peace, were being made even when
the World War II was in progress. A number of conference and meetings were held before the
United Nations, an international organization was established in 1945. Many declaration adopted
by the conference laid down the importance of human rights. Later, at San Francisco conference
it was expressed by several delegates that eh United Nation’s should established an International
Bill of Rights.

Although that could not be done it was realized by the members that it should be the obligation
of the International community to co-operate in eradicating the scourge of war, and they were
therefore determined that the promotion and respect for human rights which at present constitute
so important and so conspicuous be an integrated part of the United Nation charter. The result
was that the charter contains provisions for the promotion and protection of human rights and
fundamental freedoms in the preamble and in Articles. After the United Nation charter came into
force, the most important task before the United Nation’s was the implementation of the
principles of the respect for human rights and fundamental freedom for all without distinction as
to race, sex, language or religion. As laid down under Article 55 of the United Nation charter. It
was therefore, decided to prepare on International Bill of Rights to achieve the end. The General
Assembly adopted its on December 10, 1948 through a resolution known as ‘Universal
Declaration of Human Rights’

After the Universal Declaration of Human Rights by the UN General Assembly on December
10, 1948, the concept of Human Rights assumed a significance of its own though earlier than
this, International Labour Organisation in 1920 also initiated the Conventions on the rights of
workers to form unions and organisations, abolition of forced labour and right to
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The UN Charter in 1945 affirmed faith in the fundamental human rights and appointed a
Commission on Human Rights under Mrs. E. Roosevelt. This declaration was the outcome of the
latter’s deliberations A.A. Said aptly remarked “The concept of Human Rights may be difficult
to define but impossible to ignore”. The Human Rights are concerned with the dignity of the
individual—the level of self esteem that secures personal identity and promotes human
community. The human rights as proclaimed by the UN Assembly find their origin in the
concept of natural rights as espoused by political philosophers like Locke and Paine. Vincent
holds “Human rights are the rights that everyone has and everyone equally by virtue of their
very humanity. They are grounded in our appeal to human nature”.

Unit-II: International Human Rights Law

a. UN Charter
The United Nations (UN) is an international organisation whose stated aims are to facilitate
cooperation in international law, international security, economic development, social progress
and human rights issues. The pursuit of human rights was a central reason for creating the UN. It
was founded in 1945 and began with fifty countries signing the United Nations Charter. As of
2007,

there are 192 United Nations member states, encompassing almost every recognised independent
state. The UN Charter obliges all member nations to promote “universal respect for, and
observance of, human rights” and to take “joint and separate action” to that end. The Charter
consists of a preamble and a series of articles divided into chapters. It includes: purposes of the
United Nations; criteria for membership; the organs and institutions of the UN; arrangements for
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integrating the UN with established international law;
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b. UDHR
In December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the
Universal Declaration of Human Rights the full text of which appears in the following pages.
Following this historic act the Assembly called upon all Member countries to publicize the text of
the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in
schools and other educational institutions, without distinction based on the political status of
countries or territories".

The 1948 Universal Declaration of Human Rights is probably the most famous human rights
document and at the same time is the cornerstone of international human rights protection. Up
until World War II human rights and its protection were almost exclusively a matter for national
constitutions and only very few questions were ruled on at an international level. The effects of
the war and fear of communism however led to a turnaround. During the war the Allies
explained that they were willing to create conditions for all humans to live in freedom and free
from any fear and shortage. Therefore the UN Charter of 1945 contains the clear order to the
community of states to encourage the respect and realisation of human and basic rights.

The general explanation of human rights states that civil, political and social rights belong to
human beings in order to preserve one’s dignity. The thirty articles of the Universal Declaration
of Human Rights guarantees protection of the person, of procedural law (claim of effective legal
remedy), classical freedom rights such as freedom of expression, as well as economical, social
and cultural rights. These rights should apply to all people irrespectively of their race, gender and
nationality, as all people are born free and equal. The general explanation
of human rights is not a legally binding document, however it has a political and moral
importance and many of its guarantees have today become standard expectations. The UNDH
was significantly important in terms of its content and a benchmark for the establishment of
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binding UN human rights Conventions since the 1950’s.
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c. Covenants of 1966
Universal Declaration of Human Rights(UDHR) includes civil and political rights, economic,
social, Cultural and group rights. There are quests to transform the declaration to legally binding
documents, United Nations eventually adopted the two covenants, that are International
covenant on civil and political rights (ICCPR) and International covenant on economic,
social and cultural rights (ICESCR) in two separate instruments.

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)

The preamble of the covenant which was adopted in 1966 but ratified and came into force in 1976
acknowledged that the state parties to the covenants consider principles in the charter of the UN
and recognized the civil and political rights in Universal Declaration of Human Rights(UDHR)
and duties of individual to other individuals and community, it can be said that this covenant has
its foundation in Universal Declaration of Human Rights and UN charter .Currently, there are 165
state parties and 72 signatories to the ICCPR , 113 states are also parties to the First Optional
Protocol to the [Link] Second Optional Protocol on abolition of death penalty was adopted
for ratification in 1989 and came into force in 1991 with 71 state parties.

The Covenant can be divided into a preamble and six parts, Part I –III (Articles 1 to 28)
constitutes civil and political rights comparable to European and American conventions on
Human Rights and African Charter on Human and Peoples’ rights and majority of these are
‘negative’ rights and briefly they are, the right to self determination, the right to life,freedom
from torture ,degrading treatment freedom from slavery and slave trade,right to liberty and
security ,the right of detained persons,freedom from imprisonment from debt, freedom of
movement and choice of residence,freedom of aliens from arbitrary expulsion, right to fair
trial,Prohibition against retroactivity of criminal law,right to recognition everywhere as a person
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before the law,right to privacy, right ofUniversity,
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opinion and expression,prohibition of propaganda for war and of incitement to national, racial or
religious hatred, right to peaceful assembly, freedom of association,right to marry and found a
family,rights of the child, political rights, equality before the law, right of person belonging to
the minorities. Part IV to VI(Articles 28 to 53) contains monitoring provisions, interpretation and
final clauses. The First optional protocol has 14 articles with nexus to procedures on individual
complaints while second optional protocol basically amended the right to life in article 6 of
ICCPR.

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

(ICESCR)

The covenant was adopted alongside ICCPR to develop UDHR rights, it contains ‘second
generation’ rights. it was opened for signature in [Link] came into force in 1976 with 155 States
as parties as at January [Link] the cold war, western countries showed preference for
political and civil rights while socialist states became sponsors of economic, social and cultural
rights. ICESCR covenant with new optional protocol has preamble that is similar to ICCPR that
is, ‘founded on the inherent dignity of the human person’. it also has five parts, Part I of the
covenant is solely on Article 1,which on right of all people to self determination with free right
to pursue economic, social and cultural development and right to deal freely with their natural
resources and wealth. Part II of the covenant in Article 2 to 5 states obligations and clauses that
are applicable to Part III generally. Part III constitutes substantive provisions, what Cravens
called ‘the heart of the covenant’ Includes, the right to work, the right of fair condition of
employment, the right to join and form trade unions, the right to social securities, the right
to protection of family, right to adequate standard of living, the right to health, right to education,
and the right to culture and enjoyment of scientific progress. Part IV is about system of
supervision by submission of periodic report to UN ,the reports which will be scrutinized by
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economic and social council of the UNUniversity,
(ECOSOC). The part also contain ‘saving clause’ with
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intention of ensuring developed states did not interfere excessively by means of the supervisory
system in the utilization of natural resources within developing countries’. Part V is on
ratification,process of amendment, its application to federal ,states ‘without any limitations or
exceptions’ and its entry into force Some of the article of the covenant are recognised in other
international convention like Convention on the Rights of Child(1989),Convention on the
Elimination of all Forms of Racial Discrimination(1965) e.t.c. The supervision of the covenant
by virtues of Articles 16 and 17 is by Economic and Social Council (ECOSOC), one of the UN
organs, states send their report to the Secretary General of UN, who will in turn transmit the
report to ECOSOC for consideration. ECOSOC in 1985 created a new body to assist in report
consideration, the body is the Committee on Economic, Social and Cultural Rights, now the main
supervisory body.

d. Optional Protocols
An optional protocol is a treaty that complements and adds to an existing human rights treaty.
For this reason, only States that have already agreed to be bound by a parent treaty may
choose to be parties to optional protocols. There are only two kinds of optional
protocols in the UN Human Rights Treaty System:

a) Those that address a new substantive area that has not been included in the original text of a
treaty. For example the Second Optional Protocol to the International Covenant on Civil and
Political Rights which considers the question of the abolition of the
death penalty; and
b) Those that address procedural aspects that may affect the way a treaty operates and is
enforced. For instance, by creating new compliance mechanisms as in the case of the Optional
Protocol to the CEDAW Convention.
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Most optional protocols establish grievance procedures by which individuals and groups of
individuals can file formal complaints in cases where States have violated rights recognized in a
human rights treaty. In this connection, when an optional protocol creates one or more
enforcement mechanisms, the monitoring body established by the parent treaty administers these.
Through complaints and inquiry procedures, the international bodies in charge of supervising the
implementation of a human right treaty can elaborate on the meaning of the rights contained on
this treaty and contribute to the development of international jurisprudence.

The Optional Protocol to the ICESCR (OP-ICESCR) is a separate treaty open for signature and
ratification by States that are already parties to the ICESCR. The OP- ICESCR does not create
any new substantive rights. It sets a mechanism that makes it possible for individuals or groups
to submit a complaint to the Committee in regard to violations of their economic, social and
cultural rights by a State party. For example, a community that was wrongfully evicted by the
local authorities without being able to benefit from any remedies provided by national courts
would be able to file a complaint directly to the Committee on ESCR. Unless the
Optional Protocol to ICESCR is ratified and enters into force, individuals or groups of
individuals cannot seek redress or obtain remedies in an international forum for violations to the
economic, social and cultural rights protected in this treaty. One of the limitations of the
Reporting Procedure as stated in the Covenant is that it does not enable the Committee to focus
on individual victims or to make recommendations on their behalf. The OP-ICESCR provides a
forum for complaint and an avenue for disadvantaged groups within societies to obtain remedies
for breaches of their economic, social and cultural rights.

Unit-III: National Human Rights Law

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a. Constitutional Provisions University, Delhi)

The Indian Constitution was framed by the Constituent Assembly of India, which met for the
first time on December 9, 1946. The Constitution of India gave primary importance to human
rights. To quote Guha, ”The demand for a declaration of fundamental rights arose from four
factors.”

1. Lack of civil liberty in India during the British rule

2. Deplorable social conditions, particularly affecting the untouchables and women

3. Existence of different religious, linguistic, and ethnic groups encouraged and exploited by the
Britishers

4. Exploitation of the tenants by the landlords

The Constituent Assembly incorporated in the Constitution of India the substance of the rights
proclaimed and adopted by the General Assembly in the Universal Declaration of Human Rights.
Further on 10th December 1948, when the Constitution of India was in the making, the General
Assembly proclaimed and adopted the Universal Declaration of Human Rights, which surely
influenced the framing of India’s Constitution. Viewed from the Indian standpoint, human rights
have been synthesized,as it were, not as an integrated fabric by the Preambular promises and
various Constitutional clause of the National Charter of 1950.

The Constitution of the Republic of India which came into force on 26th January 1950 with 395
Articles and 8 Schedules, is one of the most elaborate fundamental laws ever adopted. The
Preamble to the Constitution declares India to be a Sovereign, Socialist, Secular and Democratic
Republic. The term ’democratic’ denotes that the Government gets its authority from the will of
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University, ”irrespective of the race, religion, language,
sex and culture.” The Preamble to the Constitution ledges justice, social, economic and political,
liberty of thought, expression, belief, faith and worship, equality of status and of opportunity and
fraternity assuring the dignity of the individual and the unity and integrity of the nation to ail its
citizens.

India was a signatory to the Universal Declaration of Human Rights. A number of fundamental
rights guaranteed to the individuals in Part III of the Indian Constitution are similar to the
provisions of the Universal Declaration of Human Rights.

In Keshavananda Bharati v. State of kerala, the Supreme 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.”

In the case of Jolly George Varghese v. Bank of Cochin the point involved was whether a right
incorporated in the Covenant on Civil and Political Rights,which is not recognized in the Indian
Constitution, shall be available to the individuals in India. Justice Krishna lyer reiterated dualism
and asserted that the positive commitment of the State Parties ignites legislative action at home
but does not automatically make the Covenant an enforceable part of the ’Corpus Juris’ in India.

Thus, although the Supreme Court has stated that the Universal Declaration cannot create a
binding set of rules and that even international treaties may at best inform judicial institutions
and inspire legislative action.

Constitutional interpretation in lndia has been strongly influenced by the Declaration. In the
judgement given in the Chairman, Railway Board and others v. [Link] as, the Supreme
Court observed that the Declaration has the international recognition as the Moral Code of
Conduct having been adopted by the General Assembly of the United Nations. The applicability
of the Universal Declaration of Human Rights and principles thereof may have to be read, if need
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be, into the domestic jurisprudence. In aUniversity,
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cases the Declaration has been referred to in
the decisions of the Supreme Court and State High Courts.

India ratified the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights on March 27, 1979. The Optional Protocol to
the International Covenant on Civil and Political Rights, 1989, however, was not ratified by
lndia.

b. Fundamental Rights

The judicially enforceable fundamental rights which encompass all seminal civil and political
rights and some of the rights of minorities are enshrined in part III of the Constitution (Articles
12 to 35). These include the right to equality, the right to freedom, the right against exploitation,
the right to freedom of religion, cultural educational rights and the right to Constitutional
remedies.

Fundamental rights differ from ordinary rights in the sense that the former are inviolable. No
law, ordinance, custom, usage, or administrative order can abridge or take them away. Any law,
which is violative of any of the fundamental right, is void. In ADM Jabalpur v. Shukla,Justice
Beg observed ”the object of making certain general aspects of rights fundamental is to guarantee
them against illegal invasion of these rights by executive, legislative, or judicial organ of the
State.” Earlier,Chief Justice Subba Rao in Golak Nath been traditionally known as natural
rights.” The Supreme Court of lndia recognizes these fundamental rights as ’Natural Rights’ or
’Human Rights’. While referring to the fundamental rights contained in Part III of the
Constitution, Sikri the then Chief Justice of the Supreme Court, in keshavananda Bharati v. State
of kerala,”observed, ”I am unable to hold these provisions to show that rights are not natural or
inalienable rights. As a matter of fact lndia was a party to the Universal Declaration of Rights . . .
and that Declaration describes some fundamental rights as inalienable.”
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The Chief Justice Patanjali Shastri in State of West
University, Bengal v. Subodh Gopal Bose observed
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referred to fundamental rights as those great and basic rights, which are recognized and
guaranteed as the natural rights inherent in the status of a citizen of a free country.10 Article 14
of the Indian Constitution proclaims the general right of all persons to equality before the law,
while Article 15 prohibits the State from discriminating against any citizen on grounds of
religion, race, caste, sex or place of birth, and prohibits any restriction on any citizen’s access to
any public place, including wells and tanks. Equality of opportunity for all citizens in matters of
public employment is guaranteed under Article 16. Article 17 abolishes untouchability and
makes its practice an offense punishable under law. Both Articles 15 and 16 enable the State to
make special provisions for the advancement of socially and educationally backward classes, for
such castes and tribes as recognized in the Constitution (known as the Scheduled Castes and
Scheduled Tribes) require very special treatment for their advancement. Article 18 abolishes all
non-military or non-academic titles.

The right to freedom guaranteed to all citizens under Article 19 encompasses the right to
freedom of speech and expression, the right to assemble peaceably without arms, the right to
form associations or unions, the right to move freely throughout the territory of India, the right of
residence, and the right to practice any profession, or to carry on any occupation, trade or
business.

The protection of a person in respect of conviction of offense under Article 20 includes

protection against ex post facto criminal laws, the principle of autrefois convict and the right
against self-incrimination. Article 21, the core of all fundamental rights provisions in the Indian
Constitution, ordains: ”No person shall be deprived of his life or personal liberty except
according to procedure established by law.” Article 21A was added to the Constitution by the
Eighty Sixth Constitutional Amendment Act 2002. Article 21A proclaims ”the State shall
provide free and compulsory education t3 all children of the age of six to fourteen years in such
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manner as the State may, by law, determine.”
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The rights of a person, arrested and detained by the State authorities, are provided in Article 22.
These include the, right to be informed of the grounds of arrest, the right to legal advice and the
right to be produced before a magistrate within 24 hours of arrest (except where one is arrested
under a preventive detention law). The right against exploitation includes prohibition of
trafficking in human beings and forced labour (Article 23), and prohibition of employment of
children below
14 years of age ”to work in any factory or mine or in any other hazardous employment.” Subject
to public order and morality, all persons are equally entitled to freedom of conscience and the
right to profess, practice and propagate religion (Article 25). Every religious denomination or
section also has the right to establish and maintain religious institutions and manage their
religious affairs (Article 26). No one may be compelled to pay any religious taxes (Article 27).
The wholly State-funded educational institutions are barred from imparting religious instructions
(Article 28).

The rights of any section of citizens or a minority to promote its distinct language, script or
culture, to have access to State funded educational institutions (Article 29), and to establish and
maintain educational institutions of its choice (Article 30) are also guaranteed. The right to
Constitutional remedies is essentially the right to move the Supreme Court of India for
enforcement of the above rights (Article 32). The Supreme Court is vested with wide
Constitutional powers in this regard.

They include the power to issue directions, orders or writs for the enforcement of the
fundamental rights (Article 32(2)). State (i.e. provincial) High Courts too have identical powers
(Article 226). As laws inconsistent with or in derogation of the rights conferred by part III of the
Constitution are void (Article 13), the Courts have the power to adjudge the Constitutional
validity of all laws. Furthermore, by virtue of Article 141,the law declared by the Supreme Court
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c. Directive Principles of State Policy.

Judicially non-enforceable rights in Part IV of the Constitution are chiefly those of economic and
social character. However, Article 37 makes it clear that their judicial non-enforceability does
not weaken the duty of the State to apply them in making laws, since they are nevertheless
fundamental in the governance of the country.

Additionally, the innovative jurisprudence of the Supreme Court has now read into Article 21
(the right to life and personal liberty) many of these principles and made them enforceable. The
duties of the State encompass securing a social order with justice, social, economic and political,
striving to minimize and eliminate all inequalities (Article 38), securing for ”the citizens, men
and women equally” the right to an adequate means of livelihood (Article 39 (a)), distribution of
ownership and control of community resources to subserve the common good (Article 39(b)),
prevention of concentration of wealth and means of production to the common detriment (Article
39(c)), securing equal pay for equal work for both men and women (Article 39(d)), preventing
abuse of labour, including child labor (Article 39(e)), ensuring of child development (Article
39(f)), ensuring of equal justice and free legal aid (Article 39 A), organization of village
democracies (Article 40), provision of the right to work, education and public assistance in case
of unemployment, old age sickness and disability (Article 41), provision of humane conditions of
work (Article 42), living wage and a decent standard of life (Article 43), securing participation of
workers in the management of industries (Article 43A), provision of a uniform civil code for the
whole country (Article 44), provision for early child care and education to children below the age
of six years.

The State shall endeavor to provide early childhood care and education for all children until they
complete the age of six years (Article 45), promotion of educational and economic interest of the
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weaker sections of the people and theirUniversity,
protectionDelhi)
from injustice and all forms of exploitation
(Article 46), raising the standard of living, improving the level of nutrition and public health and
prohibition of intoxicating drinks and of drugs (Article 47), scientific reorganization of animal
husbandry and agriculture (Article 48) conservation of environment, forests and wildlife (Article
48A), protection of monuments and things of artistic or historical importance (Article 19),
separation of judiciary from the executive (Article 50) and promotion of international peace and
security (Article 51).

Further, Part IV(A) of the Constitution embodies the Eleven Fundamental Duties of every Indian
citizen (Article 51-A).

These are: the duties to respect the Constitution and it:: institutions, to live by the noble ideals of
the freedom struggle, to protect the sovereignty and integrity of India, to defend the country, to
promote communal harmony, to renounce practices derogatory to the dignity of women, to
preserve the cultural heritage, to protect and improve the natural environment, to have
compassion for living creatures, to develop the scientific temper, to safeguard public property
and abjure violence and to strive towards excellence in all spheres of individual and collective
activity.

The Eighty sixth Constitutional Amendment 2002 inserted a new clause (k) in Article 51(A)
instructing ”a parent or guardian to provide opportunities for education to his child or as the case
may be, ward between the ages of 6 and 14 years.”

It would appear that parts III, IV and IV(a) of the Constitution heavily depend upon the judiciary
for their interpretation and application. The various ’reasonable restrictions’ clauses in Part Ill,
Article 21, and the seldom-used Part IV-A have given the judiciary ample scope for the Judicial
Review of administrative and legislative action. Indeed, Article 21 has allowed it to act as a
catalyst in prodding the State to implement the directive principles in so far as they directly bear
upon ”life and personal liberty.”
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d. Human Rights Act, 1993 University, Delhi)

The United Nations Educational Scientific and Cultural Organization (UNESCO) mooted the
idea 01 the creation of an impartial institution for the protection of human rights in the States as
early as 1946. In pursuance of the resolution of the General Assembly adopted in 1966, the
Economic and Social Council requested the Human Rights Commission of the United Nations to
consider the question of creating a National Commission of Human Rights to perform certain
functions related to the observance of the International Covenants on Human Rights. The
question was taken up by the Commission in 1970 and it recommended that the question of
establishment of National Commission of Human Rights in each Member State of the United
Nations ought to be decided by each Government of the Member State keeping in view the
traditions and institutions of each country. The Commission in 1978 again emphasized the need
for the creation of a National Institution. But all these attempts, however, were fruitless.
Realising the importance of such an institution or commission, the World Conference on Human
Rights in 1993 urged Governments to strengthen national structures ,and institutions of society,
which play a role in promoting and safeguarding human rights. The Vienna Declaration and
Programme of Action adopted by the World Conference prompted a number of States to
establish such institutions.

The Human Rights Commission Bill introduced in the Lok Sabha on May 14, 1992 was referred
to the Standing Committee on Home Affairs of the Parliament. The President of lndia
promulgated an Ordinance, which established a National Commission on Human Rights on
September 27, 1993, owinc to pressure from foreign countries as well as from the domestic
front. Thereafter, a Bill on Human Rights was passed in the Lok Sabha on December 18, 1993 to
replace the ordinance promulgated by the President The Bill became an Act, having received the
assent of the President, or January 8, 1994 (Act 10 of 1994) and was published in the Gazette of
lndia, Extraordinary Part II, Section I, on January 10, 1994. Thus, the Protection of Human
Rights Act (No. 10 of 1994) came into force. Article l(3) provided that the Act should be deemed
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to have come into force on the 281h day of September
University, Delhi)1993. Section l(2) states that the Act is
extended to the whole of lndia and that it shall apply to the State of Jammu and Kashmir only in
so far as it pertains to the matters related to any of the entries enumerated in List I or List Ill in
the Seventh Schedule of the Constitution applicable to that State. The purpose of the enactment
is laid down in the Preamble of the Act ie., it provides for the establishment of a National Human
Rights Commission, State Human Rights Commissions in States and Human Rights Courts for
better protection of human rights.

Section 2(d) of the Act defines human rights as the rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or embodied in this International
Covenants and enforceable by courts in lndia. The above definition, however, limits the scope of
the functioning of the National Human Rights Commission. India, therefore, ratified the two
Covenants - International Covenant on Civil and Political Rights and the International Covenant
on Economic, Social and Cultural Rights. But the Covenants are not directly enforceable as law
before the Indian courts.

The definition of human rights under the Protection of Human Rights Act 1993 limits human
rights strictly to the fundamental rights embodied in part Ill of the Constitution, which are
enforceable by the courts in lndia. A pertinent question naturally arises here: why was the
Commission established for the protection of fundamental rights when they are being
constitutionally guaranteed and are enforceable by the courts? It appears that the main purpose of
the enactment was to provide a better protection of human rights.

e. NHRC: Composition, Powers and Functions

Chapter II of the Human Rights Act deals with the constitution of the National Human Rights
Commission (N.H.R.C.).

Section 3 of the Act lays down that the Central Government shall constitute a body known as the
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of Eight members as follows:

a) A Chairperson who has been a Chief Justice of the Supreme Court

b) One Member who is, or has been a judge of the Supreme Court
c) One Member who is, or has been, the Chief Justice of a High Court
d) Two Members to be appointed from amongst persons having knowledge of, or practical
experience in, matters relating to human rights.

Besides these, the Commission shall include:

e) The Chairperson of National Commission for Minorities
f) The Chairperson of the National Commission for the Scheduled Castes and Scheduled Tribes

g) The Chairperson of the International Commission for Women

The Act also makes provision for a Secretary General who shall be the Chief Executive Officer
of the Commission, who shall exercise such powers and discharge such functions of the
Commission as are delegated to him. As pointed out by the Supreme Court in Paramajit Kaur v.
State of Punjab, the Chairperson of the Commission in his capacity as a judge of the High Court
and then as a judge of the Supreme Court and also as Chief Justice of India, and so also the two
other members of the Commission who have held high judicial offices as Chief Justice of High
Courts, have throughout their tenure, considered, expounded and enforced the fundamental rights
and are, in their own way, experts in the field. The headquarters of the National Human Rights
Commission (N.H.R.C.) is located at Delhi. The Commission may, however, with the previous
sanction of the Central Government establish offices at other places in India.

Powers and Functions

The functions of the Commission are as follows:~
1. The Commission shall inquire suo motu or on a petition presented to it by a victim or any
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person on his behalf into complaints of: University, Delhi)

(a) violation of human rights or abatement thereof or

(b) negligence in the prevention of such violation by a public servant.
2. The Commission may intervene in any proceeding involving any allegation of violation of
human rights pending before a court with the approval of such court. The Commission shall visit,
under intimation to the State Government, any jail or any other institution under the control of
the State Government here persons are detained or lodged for purposes of treatment, reformation
or protection to study the living conditions of the inmate; and make recommendations thereon.

3. The Commission shall review the safeguards provided by or under the Constitution or any
law for the time being in force for the protection of human rights and will recommend measures
for their effective implementation.

4. The Commission shall review the factors, including acts of terrorism that inhibit exercise of
human rights as well as the safeguards currently in force and make appropriate
recommendations.

5. The Commission shall study the treaties and other international instruments on human rights
and make recommendations for their effective implementation. The Commission will undertake
and promote research in the field of human rights.

6. The Commission shall spread human rights literacy among various sections of society and
promote awareness of the safeguards available for the protection of these rights through
publications, media, seminars and other available means.

7. The Commission shall encourage the efforts of non-governmental organisations and

institutions working in the field of human rights.
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8. University,
The Commission may perform any other functionDelhi)
it may consider necessary for the promotion
of human rights.

9. The Commission shall submit an annual report to the Central Government and to the State
Government concerned and may at any time submit special reports on any matter, which in its
opinion, is of such urgency or importance that it shall not be deferred till the submission of the
annual report. The Central Government and the State Government shall cause the annual and
special reports of the Commission to be laid before each House of Parliament or the State
Legislature respectively along with a memorandum of action taken or proposed to be taken on
the recommendations of the Commission and the reasons for non-acceptance of the
recommendations, if any.

10. The Commission shall perform functions pursuant to the directions issued by the Supreme
Court in exercise of the jurisdiction under Article 32 of the Constitution. The Supreme Court in
Paramjit Kaur v. State of Punjab stated, "the Commission would function pursuant to the
directions issued by this Court and not under the Act under which it is constituted."~ In deciding
the matters referred by this Court, National Human Rights Commission is given a free hand and
is not circumscribed by any condition.

Therefore, the jurisdiction exercised by the National Human Rights Commission in these matters
is of a special nature not covered by enactment of law, and thus acts sui generis.

f. Role of State HRC, NCW, NCM, SC/ST Commission

The Protection of Human Rights Act of 1993 provides for the creation of State Human Rights
Commission at the state level. A State Human Rights Commission can inquire into violation of
human rights related to subjects covered under state list and concurrent list in the seventh
schedule of the Indian constitution

Composition:
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consists of three
Delhi)members including a chairperson.

The chairperson should be a retired Chief Justice of a High Court.

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The other members should be:

(i) A serving or retired judge of a High Court or a District Judge in the state with a minimum of
seven years experience as District judge.

(ii) A person having practical experience or knowledge related to human rights.

The Governor of the state appoints the chairperson and other members on the recommendations
of a committee consisting of the Chief Minister as its head, the speaker of the Legislative
Assembly, the state home minister and the leader of the opposition in the Legislative Assembly.
The chairman and the leader of the opposition of legislative council would also be the members
of the committee, in case the state has legislative council.

The tenure of the chairperson and members is five years or until they attain the age of 70 years,
whichever is earlier. After the completion of their tenure, they are not eligible for any further
employment under the state government or the central government. However, chairman or a
member is eligible for another term in the commission subject to the age limit.

Functions of the Commission:

According to the protection of Human Rights Act, 1993; below are the functions of State Human
Rights Commission:

(a) Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into
complaint of violation of human rights or negligence in the prevention of such violation by a
public servant.

(b) Intervene in any proceeding involving any allegation of violation of human rights before a
Court with the approval of such Court.

(c) Visit any jail or any other institution under the control of the State Government where
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persons are detained to study the living conditions of the inmates and make recommendations
thereon

(d) Review the safeguards provided by or under the constitution of any law for the time being in
force for the protection of human rights and recommend measures for their effective
implementation.

(e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights
and recommend appropriate remedial measures.

(f) Undertake and promote research in the field of human rights.

(g) Spread human rights literacy among various sections of society and promote awareness of
the safeguards available for the protection of these rights.

(h) Encourage the efforts of Non-Governmental organizations and institutions working in the
field of human rights.

(j) Undertake such other functions as it may consider necessary for the promotion of human
rights.

Working of the Commission

• The commission is vested with the power to regulate its own procedure.
• It has all the powers of a civil court and its proceedings have a judicial character.
• It may call for information or report from the state government or any otherauthority
subordinate thereto.
It has the power to require any person subject to any privilege which may be claimed under any
law for the time being in force, to furnish information on points or matters useful for, or relevant
to the subject matter of inquiry. The commission can look into a matter within one year of its
occurrence.
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Conclusion
There is a requirement to increase the powers of the State Human Rights Commission. This
could be increased in various ways in delivering justice to the victims. The commission should
be empowered to provide interim and immediate relief including monetary relief to the victim.
The commission should also be authorized to punish the violators of the human rights, which
may act as deterrent to such acts in the future. The interference of state government in the
working of commission should be minimum, as it may influence the working of commission.

g. Role of Civil Societies and Media

Campaigning is always the first step to a noble cause and aims at building awareness among the
masses. In a great country like ours, the largest democracy of the world, campaign is the
authentic way to social change. The mass media can be an instrument for educators, educational
institutions and Governmental and Non- Governmental Organizations for the emancipation of
Human Rights.

Can the Media Influence Human Rights Agenda?

If it can be argued that the media can set the public agenda by reporting one news story in place
of another, then, the media can take up the human rights agenda by publishing or broadcasting
human rights programmes. Media can disseminate human rights information, mobilize human
rights NGOS, strengthen popular participation in civil society, promote tolerance, and shine a
light on government activity. The media and human rights NGOs are helpful to each other in the
fight against human rights violations. These NGOs serve as monitors and sources of information
for human rights stories. The NGOs can use the global media to highlight abuses, which in turn
will shame abusers to put an end to their attitude, while information released by them could be
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used by the media as news stories.

Although there has been the assertion that every citizen can be a reporter, especially in terms of
having access to the modem, the journalists intended here are the professionals „with
commitment to the essential shared values of the practice of journalism. Thus, journalism
requires active learning, critical and creative thinking‟, in which they are equipped to gather
information of significance to the task at hand, accessing its credibility and validity. There is a
common belief that human rights and democracy are mutually supportive or related to each other
by definition. Freedom of expression, and press freedom in particular is an important factor in
democracy because of the media’s ability to provide information which serve as link between
mass publics, elites and government. The media can control the gateway to the electoral market.
They can also elevate the credibility and authority of new politicians, thus enhancing their
acceptability by voters. It is therefore evident that the media are useful in ensuring that there is a
feasible mechanism for democracy to thrive. The media foster the concept of collective rights
when minority social groups are given the chance to partake in public discussion. This in turn
provides a safe environment for the protection and promotion of human rights. However, the role
of the media in nurturing democracy can be hampered by growing commercial constraints
prompted by media deregulation and privatization.

Unit-IV : Group Rights

a. Prisoners
It is established that conviction for a crime does not reduce the person into a non- person, so he is
entitled to all the rights, which are generally available to the non- prisoner. On the other hand, it
cannot be denied that he is not entitled for any absolute right, which is available to a non-
prisoner citizen but subject to some legal restrictions. The Supreme Court of United States as
well as the Indian Supreme Court held that prisoner is a human being, a natural person and also a
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legal person. Being a prisoner he does not cease to be a human being, natural person or legal
person. Conviction for a crime does not reduce the person into a non person, whose rights are
subject to the whim of the prison administration and therefore, the imposition of any major
punishment within the prison system is conditional upon the absence of procedural safeguards.
The courts which send offenders into prison, have an onerous duty to ensure that during
detention, detenues have freedom from torture and follow the words of William Black that
“Prisons are built with stones of Law”. So, when human rights are harassed behind the bars,
constitutional justice comes forward to uphold the law.

RIGHTS AVAILABLE TO PRISONERS

● Right to life and personal liberty : The Hon’ble Supreme Court has adopted annotation of
Article 21 and expanded connotation of “life” given by Field J. that “life means more
than mere animal existence. The inhibition against its deprivation extends to all those
limbs and faculties by which life is enjoyed. The provision equally prohibits the
mutilation of the body by the amputation of an arm or leg, or the putting out of an eye or
the destruction, of any other organ of the body through which the soul
communicates with the other world.” Right to live is not restricted to mere animal
existence. It means something more than just physical survival.

● Right to live with human dignity : The Supreme Court held that right to life is one of the
basic human rights, guaranteed to every person by Article 21 and not even the State has
authority to violate it. A prisoner does not cease to be a human being even when lodged
in jail; he continues to enjoy all his fundamental rights including the right to life. It is no
more open to debate that convicts are not wholly denude of their fundamental rights.
However, a prisoner’s liberty is in the very nature of things circumscribed by the very
fact of his confinement. His interest in the limited liberty left to him is the more
substantial.
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● Right to speedy trial: The Supreme Court held that right to speedy trial is a part of the
fundamental right envisaged under Article 21 of the Constitution. Delay in disposal of
cases is denial of justice, so the court is expected to adopt necessary steps for expeditious
trial and quick disposal of cases. The Hon’ble Supreme Court has laid down detailed
guidelines for speedy trial of an accused in a criminal case but it declined to fix any time
limit for trial of offences. The burden lies on the prosecution to justify and explain the
delay. The court held that the right to speedy trial flowing from Article 21, is available to
accused at all the stages, namely, the stage of investigation, inquiry, trial, appeal,
revision and re-trial. The court comes to conclusion in the interest of natural justice that
when the right to speedy trial of an accused has been infringed the charges of the
conviction shall be quashed.

b. Women and Children

Human rights are what people need to live with dignity and enjoy freedom. Human rights are the
basic rights and freedoms that every person in the world should have.

Everyone has the right to:

● The right to life and liberty

● Freedom of expression

● Equality before the law

● The right to be free from discrimination

● The right to participate in culture

● The right to education

Women and girls have the same fundamental human rights as men and boys have. These rights
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are set out in the Universal Declaration of Human Rights, and more explicitly referred to in the
Convention on the Elimination of Discrimination Against Women (CEDAW) and the Beijing
Platform for Action.

CEDAW, is the principal international instrument on the rights of women. The Convention’s
focus is on eliminating all forms of discrimination against women so that substantive equality,
which requires equality in practice and the elimination of structural forms of inequality, can be
achieved.

The CEDAW describes the three obligations that are central to state parties’ efforts

to eliminate discrimination against women as:

1. To ensure that there is no direct or indirect discrimination in their laws and that women
are protected against discrimination – whether committed by public authorities, the
judiciary, organisations, enterprises or private individuals – in the public as well as the
private spheres, by competent tribunals as well as by sanctions and other remedies.
2. To improve the de facto position of women through concrete and effective policies and
programmes.
3. To address prevailing gender relations and the persistence of gender-based stereotypes
that affect women, not only through individual acts by individuals but also in the law, and
legal and societal structures and institutions.
Similarly, children are also able to enjoy their rights, but they remain one of the most vulnerable
groups in our society. There are still significant numbers of children who experience violence
and neglect, poverty and poor health, and barriers to the full enjoyment of their right to
education.

Children and young people (all human beings under the age of 18) have the same basic human
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rights as adults. Children also have specific human rights that recognise their special need for
protection.

Children’s rights are commonly viewed as falling into three categories:

1. Provision rights: include the right to an adequate standard of living, the right to free
education, the right to adequate health resources and the right to legal and social services.
2. Protection rights: include protection from abuse and neglect, protection from bullying,
protection from discrimination, and safety within the justice system.
3. Participation rights: include the right to freedom of expression and the right to participate
in public life.
Children’s rights are enshrined in the United Nations Convention on the Rights of the Child
(UNCROC). This is one of the key international human rights treaties and is the most widely
accepted of the human rights instruments.

c. Indigenous People
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted
by the General Assembly on Thursday, 13 September 2007, by a majority of 144 states in favour,
4 votes against (Australia, Canada, New Zealand and the United States) and 11 abstentions
(Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian
Federation, Samoa and Ukraine). The work towards this declaration can be seen as far as in 1923
and 1925 by the works of Haudenosaunee Chief Deskaheh and Māori T.W. Ratana who
attempted to bring issues of Canada and New Zealand failure to uphold treaties to the League of
Nations [precursor to the United Nations].

In May 2016 Canada officially removed its objector status to UNDRIP, almost a decade after it
was adopted by the General Assembly. By now also the other 3 objectors have, to various
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degrees, turned their vote.

While as a General Assembly Declaration it is not a legally binding instrument under

international law, according to a UN press release it does "represent the dynamic development of
international legal norms and it reflects the commitment of the UN's member states to move in
certain directions"; the UN describes it as setting "an important standard for the treatment of
indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights
violations against the planet's 370 million indigenous people and assisting them in combating
discrimination and marginalisation."

Due to the past and ongoing violence and abuse of Indigenous individuals and peoples, the UN
created this non-legally binding declaration as an aspiration for how Indigenous individuals and
peoples should be treated. The Declaration sets out the individual and collective rights of
Indigenous peoples, as well as their rights to culture, identity, language, employment, health,
education and other issues. It also "emphasizes the rights of Indigenous peoples to maintain and
strengthen their own institutions, cultures and traditions, and to pursue their development in
keeping with their own needs and aspirations". It "prohibits discrimination against indigenous
peoples", and it "promotes their full and effective participation in all matters that concern them
and their right to remain distinct and to pursue their own visions of economic and social
development". The goal of the Declaration is to encourage countries to work alongside
indigenous peoples to solve global issues, like development, multicultural democracy and
decentralization. According to Article 31, there is a major emphasis that the indigenous peoples
will be able to protect their cultural heritage and other aspects of their culture and tradition in
order to preserve their heritage from over controlling nation-states.

The elaboration of this Declaration had already been recommended by the Vienna Declaration
and Programme of Action.

This declaration is a resolution, meaning it is not a law bearing document. Indigenous people are
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not considered a country [nation - state] and do not have right to international law protection
through the international court of justice. Article 40 states that Indigenous peoples have right to
fair procedures for the resolution of conflicts and dispute with countries or other parties, because
Indigenous people cannot use the International court of justice, UNDRIP has no indication of
which judicial power indigenous peoples are to bring disputes to.

The Declaration is structured as a United Nations resolution, with 23 preamble clauses and 46
articles. In most articles, an aspiration for how the State should promote and protect the rights of
indigenous people is included (see Provision for further explanation). Major themes of the
articles include:
● Rights of self-determination of indigenous individuals and peoples (Articles 1 - 8; 33
-34)

● The difference is between the individual and people’s group

● Rights of indigenous individuals and people to protect their culture through practices,
languages, education, media, and religion (Articles 9 - 15, 16, 25, and 31)
● Asserts the indigenous peoples’ right to own type of governance and to economic
development (Articles 17 - 21, 35 -37)

● Health rights (Article 23 -24)

● Protection of subgroups ex. elderly, women, and children (Article 22)

● Land rights from ownership (including reparation, or return of land i.e. Article 10) to
environmental issues (Articles 26 -30, and 32)
● Dictates how this document should be understood in future
reference(Articles 38 - 46).
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d. Disabled Persons

Persons with disabilities face discrimination and barriers that restrict them from participating in
society on an equal basis with others every day. They are denied their rights to be included in the
general school system, to be employed, to live independently in the community, to move freely,
to vote, to participate in sport and cultural activities, to enjoy social protection, to access justice,
to choose medical treatment and to enter freely into legal commitments such as buying and
selling property.

A disproportionate number of persons with disabilities live in developing countries, often

marginalized and in extreme poverty.

The protection guaranteed in other human rights treaties, and grounded in the Universal
Declaration of Human Rights, should apply to all. Persons with disabilities have, however,
remained largely ‘invisible’, often side-lined in the rights debate and unable to enjoy the full
range of human rights.

In recent years, there has been a revolutionary change in approach, globally, to close the
protection gap and ensure that persons with disabilities enjoy the same standards of equality,
rights and dignity as everyone else.

The Convention on the Rights of Persons with Disabilities, which was adopted in 2006 and
entered into force in 2008, signalled a ‘paradigm shift’ from traditional charity-oriented,
medical-based approaches to disability to one based on human rights.

Former UN High Commissioner for Human Rights, Louise Arbour, said, “The celebration of
diversity and the empowerment of the individual are essential human rights messages. The
Convention embodies and clearly conveys these messages by envisaging a fully active role in
society for person with disabilities.”
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The Convention on the Rights of Persons with Disabilities offers sufficient standards of
protection for the civil, cultural, economic, political and social rights of persons with disabilities
on the basis of inclusion, equality and non- discrimination. It makes clear that persons with
disabilities are entitled to live independently in their communities, to make their own choices and
to play an active role in society.

The Optional Protocol on the Convention came into force at the same time as the Convention. It
gives the Committee of experts additional capacities. The Committee can accept and examine
complaints filed by individuals, and where there is evidence of grave and systemic violations of
human rights, it can launch inquiries. The Convention and its Optional Protocol received
immediate and wide support from the international community. Their adoption has been
welcomed as evidence of a real commitment to a truly inclusive and universal human rights
framework.

The Committee of experts

The Committee on the Rights of Persons with Disabilities (CRPD), a group of 18 independent
experts (currently, most of them persons with disabilities), oversees promotion and
implementation of the Convention. The experts are nominated by individual countries and then
elected by the States that have ratified the Convention. All States are obliged to report regularly
to the Committee on how the rights embodied in the Convention are being implemented in each
of their countries. The Committee in turn, makes comments and suggestions for further progress,
based on each of the reports. Civil society organizations and national human rights institutions
also contribute to the reviews.
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The Committee is responsible for interpreting the Convention, and to that purpose issues General
Comments, which offer clarification and guidance on specific articles.

e. Senior Citizens
The International Bill of Rights As mentioned earlier, human rights are universal. They apply to
all human beings everywhere, regardless of their sex, age, religious affiliation, disability, sexual
orientation and other distinctions. Thus, the human rights of all people, including older persons
are tacitly protected in the Bill of Rights. Although it is technically a declaration, the UDHR
(part of the Bill of Rights) is generally considered customary law, and thus legally binding. Of
particular significance to old age is Article 25(1) of the UDHR that states that everyone has the
right to security and a ‘standard of living adequate for the health and well-being of himself and
his family’. The two Conventions, the ICESCR and the ICCPR, offer generic protection of
cultural, economic, social, civil and political rights. For older persons, important specific rights
in the ICESCR are the work- related rights (Articles 6–7) and the rights to social security
(Article 9), to an adequate standard of living (Article 11), to education (Article 13) and to the
highest attainable standard of physical and mental health (Article 12). The ICESCR itself does
not contain any direct references to older persons. In 1995, the Committee on Economic, Social
and Cultural Rights (CESCR) released General Comment No. 6 on ‘the economic, social and
cultural rights of older persons’. The comment provides a legal interpretation of how the
ICESCR ought to apply to older persons. It explains that the omission of ‘age’ specifically as an
illegal ground of discrimination was not intentional, but occurred because when the ICESCR and
ICCPR were adopted, ‘the problem of demographic ageing was not as evident or as pressing as it
is now’. In the same committee’s 2009 General Comment No. 20, ‘Non-discrimination in
economic, social and cultural rights’, paragraph 29 holds that ‘Age is a prohibited ground of
discrimination in several contexts’. The CESCR emphasises the need to address discrimination
against older persons in finding work, in professional training, and against those living in poverty
with unequal access to pensions because of their place of residency. In the ICCPR, ‘participation
rights’ of special concern for older persons are the commitment of states to ensure freedom of
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expression, assembly and association
(Recognized by Govt. of (Articles 18–19,
NCT of Delhi, 21). Article
Affiliated 25 Indraprastha
to GGS recognises the right of all
to participate in the affairs of their ownUniversity, Delhi) 26 states ‘All persons are equal before
country. Article
the law and are entitled without any discrimination to the equal protection of the law’. The article
includes race, colour, sex, language, religion, origin ‘or other status’ as prohibited grounds of
discrimination. ‘Age’ is not mentioned explicitly, yet might be said to be included in the ‘and
other status’.
f. Refugees
The concept of refugee protection is inseparable from the notion of human rights. In other words,
we can say that the contemporary refugee law evolved out of human rights law and considered to
be a part of international humanitarian law. The international legal regime for the protection of
refugees, whose basis is provided by the 1951 Convention relating to the Status of Refugee and
the 1967 Protocol, attempts to guarantee against violations or, at any rate, these conventions
prescribe duties and obligations which are incumbent upon states in their treatment of asylum-
seekers and refugees. Approximately two- third of the world's countries are state parties to the
1951 Convention relating to the Status of Refugees and its 1967 Protocol.

Convention relating to the Status of Refugees 1951 and its 1967 Protocol

Once a person has been recognized as a refugee under the provisions of Convention, he is
entitled to residen e and a number of human rights without discrimination. The rights enjoyed by
refugees under this convention cover wide and diverse areas, such as religious, economic, social,
educational, cultural, fiscal and civil rights etc. The 1951 Convention and the 1967 Protocol
constitute the most important codification efforts of the rights of refugees.

The 1951 convention provides the following rights to refugees

● The Convention permits the determination of the personal status of a refugee by law of
the country of his domicile or, if he has no domicile, by the law of the country of his
residence.
● The Convention recognizes the rights of acquisition of movable and immovable property
through different modes, at least equivalent to the rights accorded to aliens in the same
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University,
● The Convention guarantees the same Delhi)
protection of industrial property such a s inventions,
designs or models, trademarks, trade names, and of rights in literary, artistic and
scientific work, of refugees in the country of habitual residence as is accorded by that
country to its own national,
● A refugee shall have right to free access to courts and to legal assistance.

● A refugee shall have regarding association with nonpolitical and non-profit making
associations and trade unions.
● The Convention requires the application of its provisions to refugees without
discrimination on the basis of race , religion or country of origin.
● The refugees are to be accorded a treatment, at least as favourable a s is accorded to the
nationals. They are even given the freedom of religion and right to impart religious
education to children

The Convention's refugee concept has been expanded in practice through the 1967 Protocol
relating to the status of the refugee which extended its protection to such person irrespective of
nationality or geographical location, provided an International Bill of Rights, containing detailed
provisions on the minimum standards of treatment of refugees. Thus the Convention of 1951 and
the Protocol of 1967 provide a legal basis for states for the treatment of refugees on their
territories and for non-state parties; they serve as the international standard.