Module 1

Meaning
Human rights refer to the fundamental rights and freedoms that every individual is entitled to simply
because they are human. These rights are inherent, inalienable, and universal, meaning that they cannot
be taken away or denied to anyone. Human rights encompass a wide range of rights, including civil,
political, economic, social, and cultural rights. They are rooted in the dignity and equality of all human
beings and are essential for the protection and preservation of individual autonomy, security, and well-
being.

Characteristics of Human Rights

1. Equality and Non-Discrimination:

Human rights are based on the principle of equality. Every individual is entitled to the same
rights without discrimination of any kind, ensuring fairness and equal treatment.

2. Universality and Inalienability:

Human rights are universal and apply to all individuals regardless of nationality, ethnicity,
religion, gender, or any other characteristic. They are inalienable, meaning they cannot be taken
away or surrendered, except in specific situations according to due process.

3. Indivisibility: Human rights are indivisible and interdependent. This means that no right is more
important than another, and the fulfillment of one right often depends on the realization of
others.

4. Accountability and Rule of Law: States and other duty-bearers are accountable for the
protection and promotion of human rights. There must be legal frameworks and mechanisms to
ensure that violations of human rights are addressed and remedied.

5. Participation and Inclusion: Every individual has the right to participate in decision-making
processes that affect their lives. This includes the right to be heard and to be part of the political
process.

6. Respect for Human Dignity: Human rights are grounded in the inherent dignity of every person.
This respect for dignity is fundamental to all human rights and underpins the principle that all
individuals should be treated with respect and compassion.

Historical Aspect / Jurisprudential Aspect

1. Religion
Religious traditions across cultures have contributed to the foundation of human rights. For
instance, the concept of justice in Islam, the teachings of compassion in Buddhism, the focus
on charity in Christianity, and the emphasis on duty and morality in Hinduism have all laid the
groundwork for the modern understanding of human rights. These religious teachings have
often advocated for the protection of the weak, the poor, and the oppressed, emphasizing the
dignity of all human beings.
2. Natural Law
Natural law theory posits that human rights are derived from a universal moral order inherent
in nature and accessible to human reason. Philosophers like Aristotle, Cicero, and later, Thomas
 Aquinas, argued that certain rights are inherent by virtue of human nature and can be understood
through reason. This idea influenced the development of modern human rights, particularly
during the Enlightenment, where thinkers like John Locke emphasized natural rights to life,
liberty, and property.

3. Positivism
Positivism asserts that rights are created by human laws and institutions rather than derived
from natural law or morality. According to this view, human rights are the product of legal
frameworks established by states. This approach underscores the role of state sovereignty and
the importance of legal recognition and enforcement of rights. However, it has been critiqued
for potentially overlooking universal moral principles

4. Theory of Karl Marx.

Marxist theory offers a critical perspective on human rights, arguing that rights as understood
in capitalist societies often serve the interests of the ruling class rather than the true
emancipation of individuals. Marxism critiques the focus on individual rights, arguing for a
collective approach to rights that emphasizes economic and social equality. Marxist theory has
influenced debates on economic and social rights, particularly in the context of social justice
and the redistribution of resources.

5. Sociological Approach
The sociological approach to human rights considers how social structures, institutions, and
cultural norms shape and influence the realization of rights. This approach recognizes that
human rights are not just legal or moral concepts but are deeply embedded in social contexts.
It highlights the importance of understanding the social dimensions of rights, including how
power dynamics, social hierarchies, and cultural practices affect the recognition and
implementation of human rights.

Human Rights in India

1. Ancient India
Vedas, Smritis, Mahabharat: Ancient Indian scriptures like the Vedas and Smritis contain
references to the principles of justice, equality, and duty. The Mahabharata, particularly the
Bhagavad Gita, discusses the moral duties and responsibilities of individuals, emphasizing
righteousness (dharma) and the protection of the weak and vulnerable.
Teachings of Ashoka and Buddha: Emperor Ashoka’s reign is notable for its emphasis on non-
violence, compassion, and respect for all living beings, which he promoted through his edicts.
Buddhism, founded by Gautama Buddha, teaches the importance of compassion, non-violence,
and the inherent dignity of all individuals.

2. Medieval India
Mughal Period and Sufism: The Mughal period saw the emergence of a more organized state
structure, where rulers like Akbar promoted policies of religious tolerance and justice. Sufism,
with its focus on love, tolerance, and the spiritual equality of all human beings, contributed to
the development of a more inclusive and humane understanding of rights.

3. Modern India
 Raja Ram Mohan Roy: Raja Ram Mohan Roy was a social reformer whose work laid the
foundation for modern human rights in India. He campaigned against social injustices like sati,
child marriage, and caste discrimination, advocating for the rights of women and marginalized
communities.
Congress Resolutions of 1917 and 1919: The Indian National Congress, in its resolutions of
1917 and 1919, began to articulate demands for civil and political rights, including self-
determination and the protection of individual freedoms, laying the groundwork for the human
rights movement in colonial India.

4. Post-Independence
The Preamble, Fundamental Rights, Directive Principles of State Policy: The Indian
Constitution, adopted after independence in 1947, enshrines a comprehensive set of human
rights in its Preamble, Fundamental Rights, and Directive Principles of State Policy. The
Preamble declares India’s commitment to justice, liberty, equality, and fraternity. The
Fundamental Rights provide for the protection of civil and political rights, while the Directive
Principles outline the state’s responsibilities in promoting social and economic welfare. These
constitutional provisions form the bedrock of human rights protection in modern India.
Module 3

Universal Declaration of Human Rights (UDHR)

History
The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General
Assembly on December 10, 1948, in response to the atrocities of World War II. The UDHR was drafted
by a diverse committee chaired by Eleanor Roosevelt and included members from various countries
and legal traditions. It was the first international document to articulate a broad range of fundamental
rights and freedoms to which all human beings are inherently entitled, regardless of nationality, race,
religion, or any other status. The declaration was not legally binding but served as a common standard
of achievement for all peoples and nations, laying the groundwork for subsequent international human
rights treaties.
Significance
1. Global Standard: The UDHR is a milestone document that established a universal benchmark
for human rights, influencing the development of international human rights law, national
constitutions, and domestic legal frameworks.
2. Inspirational Role: The UDHR inspired numerous human rights movements worldwide,
leading to the establishment of various international covenants, conventions, and treaties that
aim to protect specific rights.
3. Foundation for International Treaties: The UDHR laid the foundation for the International
Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic,
Social, and Cultural Rights (ICESCR), which together with the UDHR, form the International
Bill of Human Rights.
4. Educational Tool: The UDHR has been widely used as an educational tool to promote human
rights awareness and to advocate for the protection of rights at both the national and
international levels.
Criticism
1. Cultural Relativism:
2. Non-Binding Nature:
3. Selective Implementation:
4. Lack of Mechanisms for Redress:
Similarity of UDHR Articles with Indian Constitution
1. Article 1 of UDHR & Article 14 of Indian Constitution: Both emphasize equality before the
law and equal protection of the law, promoting non-discrimination.
2. Article 3 of UDHR & Article 21 of Indian Constitution: Both guarantee the right to life and
personal liberty, with the Indian Constitution further expanding on the right to life through
judicial interpretation to include the right to dignity, privacy, and health.
3. Article 19 of UDHR & Articles 19, 22 of Indian Constitution: These articles uphold the
freedoms of speech, expression, assembly, association, and movement.
4. Article 25 of UDHR & Article 39 of Indian Constitution: Both focus on the right to an
adequate standard of living, including access to food, clothing, housing, and medical care,
reflected in the Directive Principles of State Policy.

International Covenant on Civil and Political Rights (ICCPR)

Rationale
The ICCPR was introduced to legally codify the civil and political rights recognized in the UDHR. Its
adoption in 1966, along with the ICESCR, was a response to the need for binding international treaties
that could compel states to respect and protect human rights. The ICCPR aimed to ensure that
individuals could enjoy freedoms essential to human dignity, such as the right to life, freedom of speech,
freedom from torture, and the right to a fair trial. It was designed to address the need for a global
standard of civil and political rights that states would be obligated to respect under international law.
Optional Protocol I and Optional Protocol II of ICCPR
• Optional Protocol I: Adopted in 1966 and effective from 1976, this protocol establishes an
individual complaints mechanism, allowing individuals to bring complaints about violations of
their rights under the ICCPR before the Human Rights Committee, after exhausting all domestic
remedies.
• Optional Protocol II: Adopted in 1989, this protocol focuses on the abolition of the death
penalty. It aims to further the protection of the right to life by committing state parties to abolish
the death penalty within their jurisdictions.
Rights Emphasized Under ICCPR
1. Right to Life (Article 6): This right is fundamental and non-derogable. In India, Article 21 of
the Constitution guarantees the right to life, which has been expansively interpreted by the
judiciary to include the right to live with dignity, the right to privacy, and the right to a clean
environment.
2. Right Against Arbitrary Arrest (Article 9): The ICCPR ensures protection against arbitrary
arrest and detention. In India, Article 22 provides safeguards against arbitrary arrest, including
the right to be informed of the reasons for arrest and the right to legal representation.
3. Right Against Inhumane and Degrading Treatment (Article 7): This right prohibits torture
and cruel, inhuman, or degrading treatment or punishment. In India, this is reflected in Article
21 and various legal provisions under the Indian Penal Code (IPC) and other statutes that
prohibit torture.
4. Right to a Fair Trial (Article 14): The ICCPR guarantees the right to a fair and public hearing
by a competent, independent, and impartial tribunal. In India, this is mirrored in Articles 21 and
22, which ensure the right to a fair trial, legal representation, and other judicial safeguards.
Difference Between ICCPR and UDHR
1. Legal Status: The UDHR is a non-binding declaration, whereas the ICCPR is a legally binding
treaty that imposes specific obligations on state parties.
2. Scope of Rights: The UDHR covers a broad range of civil, political, economic, social, and
cultural rights, while the ICCPR specifically focuses on civil and political rights.
3. Enforcement Mechanisms: The ICCPR includes enforcement mechanisms, such as the
Human Rights Committee and the individual complaint procedures under its optional protocols,
whereas the UDHR lacks such mechanisms.

International Covenant on Economic, Social, and Cultural Rights (ICESCR)

Relevance Behind Incorporating ICESCR
The ICESCR was introduced to complement the ICCPR by recognizing and protecting economic,
social, and cultural rights, such as the rights to work, education, health, and an adequate standard of
living. The ICESCR was necessary to address the full spectrum of human rights as envisioned in the
UDHR, ensuring that states take appropriate measures to realize these rights progressively. The
covenant recognizes that without economic, social, and cultural rights, civil and political rights may not
be fully realized, especially in developing countries.
Optional Protocol I of ICESCR
Adopted in 2008 and effective from 2013, this protocol allows individuals and groups to file complaints
with the Committee on Economic, Social, and Cultural Rights (CESCR) about violations of the rights
enshrined in the ICESCR, after exhausting all domestic remedies. It also allows for inquiries into
systematic or grave violations of rights by state parties.
Difference Between ICCPR and ICESCR
1. Nature of Obligations: The ICCPR requires states to immediately implement civil and
political rights, whereas the ICESCR recognizes that economic, social, and cultural rights are
subject to progressive realization, taking into account the available resources of the state.
2. Rights Covered: The ICCPR focuses on civil and political rights, such as the right to life,
freedom of speech, and the right to a fair trial, while the ICESCR focuses on economic, social,
and cultural rights, such as the rights to work, education, and health.
3. Enforcement Mechanisms: The ICCPR has more robust enforcement mechanisms, including
the Human Rights Committee and optional protocols, while the ICESCR's enforcement
mechanisms, such as the CESCR and its optional protocol, were developed later and are
considered less stringent.
Module 4
Convention Against Torture (CAT)
Importance
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT), adopted by the United Nations General Assembly in 1984 and effective from 1987, is a critical
international human rights treaty aimed at eradicating torture globally. The importance of CAT lies in
its comprehensive approach to prohibiting torture and establishing a legal framework that compels
states to take effective measures to prevent, investigate, and punish acts of torture. CAT emphasizes that
torture cannot be justified under any circumstances, including war, political instability, or public
emergencies. It also requires state parties to ensure that torture victims receive redress and
compensation, thereby reaffirming the fundamental human right to dignity and freedom from abuse.
Optional Protocol to the Convention Against Torture
The Optional Protocol to the Convention Against Torture (OPCAT), adopted in 2002 and effective from
2006, establishes a system of regular visits by independent international and national bodies to places
where people are deprived of their liberty, such as prisons, detention centers, and psychiatric
institutions. The rationale behind OPCAT is to prevent torture and other forms of ill-treatment through
proactive monitoring and oversight, thereby ensuring that states comply with their obligations under
CAT. The protocol also mandates the creation of National Preventive Mechanisms (NPMs) within state
parties, which are responsible for inspecting and reporting on detention conditions and preventing
torture at the national level.
Definition of Torture
Article 1 of CAT defines torture as any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for purposes such as obtaining information or a confession,
punishment for an act committed or suspected to have been committed, intimidation, coercion, or for
any reason based on discrimination, when such pain or suffering is inflicted by or at the instigation of
or with the consent or acquiescence of a public official or person acting in an official capacity. This
definition is significant as it emphasizes the intentionality and official capacity involved in acts of
torture, distinguishing it from other forms of mistreatment.

Rights Under CAT to Prevent Torture

1. Prompt Investigation: CAT obligates state parties to ensure prompt and impartial
investigations whenever there is reasonable ground to believe that an act of torture has been
committed within their jurisdiction. This requirement aims to prevent impunity and ensure
accountability for acts of torture. In India, the absence of a dedicated anti-torture law has led to
criticisms of delays and inadequacies in investigating allegations of torture by law enforcement
agencies.
2. Training of Officials: Article 10 of CAT mandates that state parties provide education and
training on the prohibition against torture to law enforcement personnel, military personnel,
medical personnel, and other public officials involved in the custody, interrogation, or treatment
of individuals. The objective is to prevent torture through awareness and understanding of legal
and ethical standards. In India, while there is some training for police and military personnel
on human rights, the effectiveness of this training in preventing torture is debated, and there
have been calls for more rigorous and widespread education efforts.
Rights of Victims to Complain Against Torture
Under CAT, victims of torture have the right to complain to competent authorities and have their cases
promptly and impartially examined. Article 13 of CAT ensures that complainants and witnesses are
protected against retaliation or intimidation for making such complaints. Furthermore, Article 14
guarantees the right of victims to obtain redress, including fair and adequate compensation and
rehabilitation. In India, although the judiciary has taken a proactive stance in awarding compensation
in cases of custodial torture, the lack of a specific anti-torture law has hindered the establishment of a
comprehensive mechanism for redress and rehabilitation of torture victims.

2. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Rationale
CEDAW, adopted by the United Nations General Assembly in 1979 and effective from 1981, is often
described as the international bill of rights for women. The convention was introduced to address the
pervasive and systemic discrimination faced by women worldwide in all aspects of life, including
political, economic, social, cultural, and civil spheres. CEDAW's rationale lies in its comprehensive
approach to eliminating discrimination against women by requiring state parties to take all appropriate
measures, including legislation, to ensure women's full development and advancement, enabling them
to enjoy their fundamental freedoms and human rights on an equal basis with men. CEDAW also
addresses cultural and social practices that contribute to gender inequality, advocating for changes in
laws, policies, and societal attitudes that perpetuate discrimination.
Gender-Based Violence: General Comment No. 19 and 35
• General Comment No. 19 (1992): The CEDAW Committee issued General Comment No. 19
to clarify that gender-based violence is a form of discrimination against women, thereby falling
under the scope of CEDAW. It defines gender-based violence as violence that is directed against
a woman because she is a woman or that affects women disproportionately. The comment
highlights that gender-based violence can take many forms, including physical, sexual,
psychological, and economic harm. It calls on state parties to adopt comprehensive measures
to prevent and respond to violence against women, including legal reforms, support services
for victims, and public awareness campaigns.
• General Comment No. 35 (2017): Building on General Comment No. 19, General Comment
No. 35 further elaborates on the obligations of state parties to prevent and address gender-based
violence against women. It emphasizes the importance of ensuring access to justice for victims
and holding perpetrators accountable. The comment also addresses emerging forms of violence,
such as online harassment and violence against women in conflict zones. In the Indian context,
the enactment of laws such as the Protection of Women from Domestic Violence Act, 2005, and
the Criminal Law (Amendment) Act, 2013, reflects the influence of these international
standards in strengthening legal protections against gender-based violence.
Intersectionality Identity and Violence Against Women
CEDAW recognizes that women do not experience discrimination in a uniform manner.
Intersectionality refers to the interconnected nature of social categorizations such as race, class, caste,
ethnicity, religion, and sexual orientation, which create overlapping and interdependent systems of
discrimination or disadvantage. The concept of intersectionality is crucial in understanding how women
from marginalized communities, such as Dalit women in India, face multiple and compounded forms
of discrimination and violence. CEDAW advocates for an intersectional approach to address these
complex layers of discrimination, ensuring that all women, particularly those facing intersecting forms
of oppression, are adequately protected and empowered.
In India, the plight of Dalit women, tribal women, and women from other marginalized communities
underscores the need for intersectional policies and legal frameworks that address the specific
vulnerabilities and challenges faced by these groups. For example, the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, is an important legislative measure that aims to protect Dalit
and tribal women from caste-based violence, although its implementation remains a challenge.
Module 5
Convention Against Racial Discrimination (CERD)
Relevancy of the Convention with Optional Protocol
The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) was
adopted by the United Nations General Assembly in 1965 and came into force in 1969. The convention
is a crucial international instrument that addresses racial discrimination and commits state parties to
eliminate all forms of racial discrimination and promote understanding among all races. CERD is
relevant in the contemporary world as racial discrimination persists in various forms globally, including
in systemic, institutional, and interpersonal contexts. The Optional Protocol to CERD, adopted in 1994,
enhances the effectiveness of the convention by allowing individuals and groups to bring complaints
before the Committee on the Elimination of Racial Discrimination (CERD Committee) after exhausting
domestic remedies. This protocol provides a mechanism for victims of racial discrimination to seek
redress at the international level, reinforcing the convention's commitment to combatting racial
discrimination.
Meaning of Racial Discrimination
Racial discrimination, as defined in Article 1 of CERD, refers to any distinction, exclusion, restriction,
or preference based on race, color, descent, or national or ethnic origin that has the purpose or effect of
nullifying or impairing the recognition, enjoyment, or exercise, on an equal footing, of human rights
and fundamental freedoms in the political, economic, social, cultural, or any other field of public life.
This broad definition captures both direct and indirect forms of discrimination, recognizing that racial
discrimination can occur in overt actions or in policies and practices that disproportionately affect
certain racial or ethnic groups.
Dispute Resolution under CERD (Articles 11 and 13)
• Article 11: This article provides a mechanism for states to bring complaints against other states
for violations of the convention. If a state party believes another state is not fulfilling its
obligations under CERD, it can bring the matter to the attention of the CERD Committee. The
committee will first try to resolve the issue through negotiations and other peaceful means. If
the matter is not resolved within six months, either state party can refer the dispute to the
International Court of Justice (ICJ).
• Article 13: This article establishes the procedure for the CERD Committee to act on inter-state
complaints. If the committee finds that the dispute has not been resolved through the procedures
under Article 11, it may appoint an ad hoc conciliation commission to consider the matter and
recommend an amicable solution.
CERD on Dealing with Issues Related to Racial Discrimination
CERD provides a legal framework for addressing racial discrimination at both national and international
levels. The convention obligates state parties to take measures to eliminate racial discrimination in all
its forms and to promote equality before the law. CERD also emphasizes the importance of education,
training, and awareness-raising to combat prejudices that lead to racial discrimination.
• Case Law: Qatar v. Kingdom of Saudi Arabia and Qatar v. United Arab Emirates
o In the cases Qatar v. Kingdom of Saudi Arabia and Qatar v. United Arab Emirates,
Qatar brought complaints against both countries before the ICJ under CERD, alleging
violations of the convention during the diplomatic crisis in the Gulf region. Qatar
argued that the measures taken by Saudi Arabia and the UAE, including restrictions on
travel, family reunification, and access to education and healthcare, amounted to racial
discrimination against Qatari nationals. The ICJ, in its provisional measures orders,
called on both Saudi Arabia and the UAE to ensure that Qatari families separated by
the measures were reunited and that Qatari students affected by the restrictions were
allowed to complete their education. These cases highlight CERD's role in addressing
 state-sponsored racial discrimination and the ICJ's function in interpreting and
enforcing the convention's provisions.

Convention on the Rights of Persons with Disabilities (CRPD)

Relevancy of the Convention with Optional Protocol
The Convention on the Rights of Persons with Disabilities (CRPD), adopted by the United Nations
General Assembly in 2006 and effective from 2008, is a landmark treaty that seeks to protect the rights
and dignity of persons with disabilities. The CRPD marks a paradigm shift from viewing persons with
disabilities as objects of charity, medical treatment, and social protection to viewing them as full and
equal members of society with human rights. The convention is relevant today as it promotes the
inclusion of persons with disabilities in all aspects of life, including education, employment, and
political participation. The Optional Protocol to the CRPD, adopted alongside the convention,
establishes an individual complaints mechanism that allows persons with disabilities to bring
complaints before the Committee on the Rights of Persons with Disabilities after exhausting domestic
remedies. This protocol strengthens the CRPD by providing a means for individuals to seek justice at
the international level.

Accessibility, Right to Life, Work, Employment, and Monitoring by Committee/State

• Accessibility (Article 9): The CRPD emphasizes the importance of ensuring accessibility for
persons with disabilities to physical environments, transportation, information,
communications, and other services. State parties are required to identify and eliminate
obstacles and barriers to accessibility, ensuring that persons with disabilities can live
independently and participate fully in all aspects of life. Accessibility is a critical component of
the CRPD, as it enables persons with disabilities to exercise their rights on an equal basis with
others.
• Right to Life (Article 10): The CRPD affirms the inherent right to life of persons with
disabilities and obligates state parties to take all necessary measures to ensure its effective
enjoyment by persons with disabilities on an equal basis with others. This article underscores
the need for states to protect persons with disabilities from life-threatening harm and ensure
their survival and development.
• Work and Employment (Article 27): The CRPD recognizes the right of persons with
disabilities to work on an equal basis with others. This includes the right to the opportunity to
gain a living through work freely chosen or accepted in a labor market and work environment
that is open, inclusive, and accessible. State parties are required to prohibit discrimination based
on disability in all matters concerning employment, including conditions of recruitment, hiring,
employment, and career advancement.
• Monitoring by Committee/State (Article 33): The CRPD mandates that state parties establish
and designate one or more focal points within the government for matters relating to the
implementation of the convention. It also requires states to establish an independent mechanism
to promote, protect, and monitor the implementation of the CRPD. The Committee on the
Rights of Persons with Disabilities monitors the implementation of the convention at the
international level and considers state reports and individual complaints under the Optional
Protocol.

Laws Relating to Disability in India

India ratified the CRPD in 2007, and the convention has significantly influenced domestic legislation
on disability rights. The Rights of Persons with Disabilities Act, 2016 (RPWD Act) is the primary law
in India that aligns with the principles of the CRPD. The RPWD Act recognizes various rights of persons
with disabilities, including the right to equality, non-discrimination, protection against abuse and
exploitation, and access to education, employment, and social security. The act also mandates the
government to take measures to ensure the accessibility of public buildings, transportation, information,
and communication technologies for persons with disabilities. Additionally, the RPWD Act provides
for the establishment of a National Commission for Persons with Disabilities to monitor the
implementation of the act and address complaints of discrimination and rights violations.