a.

Nature of Human Rights

1. Definition and Characteristics:

Human rights are basic rights and freedoms to which all humans are entitled, without
discrimination. They are universal, inherent to human dignity, inalienable (cannot
be taken away), and indivisible (all rights are of equal importance and
interdependent). These rights aim to promote justice, equality, and freedom for all
individuals.

2. Universal Declaration of Human Rights (UDHR):

The foundation of the modern human rights regime is the UDHR, adopted by the
United Nations in 1948. It outlines the basic civil, political, social, and economic
rights that all humans should enjoy, including the right to life, liberty, freedom
from slavery, and freedom of speech.

3. International Covenants:

Two significant international covenants complement the UDHR:

• The International Covenant on Civil and Political Rights (ICCPR) (1966),

focusing on rights like the right to life, freedom of speech, and the right to a fair
trial.

• The International Covenant on Economic, Social, and Cultural Rights

(ICESCR) (1966), addressing rights like the right to work, education, and
social security.

Together with the UDHR, these constitute the International Bill of Human Rights.

4. Distinction Between Civil and Political Rights and Economic, Social, and
Cultural Rights:

• Civil and Political Rights: Protect individuals from state interference and
ensure participation in civil and political life (e.g., right to a fair trial, freedom
of expression).

• Economic, Social, and Cultural Rights: Guarantee the ability to access

essential services (e.g., the right to education, health, and housing).

5. Human Rights in the Indian Context:

The Indian Constitution enshrines human rights, particularly through the

Fundamental Rights in Part III. Key rights include:
 • Article 21 (Right to Life and Personal Liberty): This article has been
interpreted broadly by the Supreme Court of India in cases like Maneka
Gandhi v. Union of India (1978) to include the right to live with dignity.

• Article 14 (Right to Equality) and Article 19 (Freedom of Speech and

Expression) also provide essential protections.

b. Origin and Evolution of Human Rights

1. Philosophical Roots:

The concept of human rights is rooted in natural law theory, dating back to ancient
philosophers like Aristotle and Cicero. The idea was further developed during
the Enlightenment, when thinkers like John Locke argued that individuals are
endowed with certain “inalienable” rights by virtue of being human.

2. Magna Carta (1215):

One of the earliest legal documents advocating for human rights, it limited the power
of the monarchy in England and guaranteed certain liberties to the people, such as
protection against arbitrary detention (influencing modern habeas corpus rights).

3. American and French Revolutions:

The American Declaration of Independence (1776) and the French Declaration of

the Rights of Man and of the Citizen (1789) were significant milestones in the
evolution of human rights. They established the concept that individuals possess
inherent rights, such as liberty, equality, and the right to pursue happiness.

4. Post-World War II Developments:

The atrocities of World War II, especially the Holocaust, underscored the need for a
global human rights regime. This led to the establishment of the United Nations
and the adoption of the Universal Declaration of Human Rights (UDHR) in
1948. The UDHR laid the groundwork for subsequent international treaties and
conventions on human rights.

5. Evolution in Indian Jurisprudence:

The Indian Constitution, drafted in 1949, incorporated human rights principles,

largely inspired by the UDHR. Landmark judgments have expanded the scope of
rights, such as Kesavananda Bharati v. State of Kerala (1973), which
introduced the basic structure doctrine, ensuring certain fundamental rights
cannot be amended.
6. Modern Human Rights Framework:

Today, human rights are protected through a wide array of international bodies (e.g.,
the International Criminal Court, European Court of Human Rights) and
national mechanisms. In India, the National Human Rights Commission
(NHRC) plays a pivotal role in protecting and promoting human rights
domestically.

c. Development of the Human Rights Regime

1. Early International Efforts:

The concept of a global human rights regime began to solidify with the creation of
the League of Nations after World War I. However, the League’s inability to
prevent global conflict limited its success. It wasn’t until after World War II, with
the formation of the United Nations, that serious efforts toward a global human
rights system began.

2. The Universal Declaration of Human Rights (1948):

Adopted by the United Nations General Assembly, the UDHR was a major milestone
in the development of international human rights law. While not legally binding,
it inspired subsequent international treaties and national constitutions that
enshrine human rights protections.

3. International Covenant on Civil and Political Rights (ICCPR) and ICESCR:

The two covenants, adopted in 1966, transformed the UDHR’s provisions into
binding international law for states that ratified them. These treaties established
mechanisms to ensure compliance, such as the Human Rights Committee under
the ICCPR.

4. Role of Courts in Human Rights Development:

International courts like the European Court of Human Rights (ECHR) and the
Inter-American Court of Human Rights have played a vital role in shaping
human rights jurisprudence. For example, the ECHR has delivered landmark
judgments, such as Soering v. United Kingdom (1989), prohibiting extradition
to a country where the accused faces torture or inhuman treatment.

5. Human Rights in Indian Jurisprudence:

The Indian judiciary has actively contributed to the development of human rights.
Public Interest Litigations (PIL) have allowed individuals and groups to
approach the court for the protection of human rights. The Vishakha v. State of
 Rajasthan (1997) case laid down guidelines to prevent sexual harassment in the
workplace, reflecting the evolving nature of human rights jurisprudence in India.

6. Current Challenges and Future Directions:

The contemporary human rights regime faces challenges such as rising

authoritarianism, armed conflicts, and the misuse of technology to violate privacy
rights. However, ongoing global efforts, including international treaties, human
rights advocacy, and judicial activism, continue to strengthen the regime. In
India, challenges such as custodial torture, freedom of speech restrictions, and
religious freedoms are still debated, requiring continuous evolution in legal
frameworks.

UNIT 2

a. The United Nations Charter

1. Foundation of the UN and International Peace:

The United Nations Charter, signed on June 26, 1945, in San Francisco, came into
force on October 24, 1945. It serves as the founding document of the United
Nations and is the bedrock of modern international relations. The Charter
established the UN to maintain international peace and security, promote social
progress, uphold international law, and ensure respect for human rights.

2. Preamble of the UN Charter:

The preamble declares the resolve of the peoples of the United Nations to save
succeeding generations from war, reaffirm faith in fundamental human rights,
establish conditions for justice, and promote social progress. The preamble
highlights the necessity for respecting equal rights of men and women and of
nations large and small.

3. Provisions on Human Rights:

Although the UN Charter primarily focuses on peace and security, it contains

significant references to human rights, making it a key document in the
development of the international human rights framework. Article 1(3) explicitly
states that one of the purposes of the UN is to achieve international cooperation
in promoting and encouraging respect for human rights and fundamental
freedoms for all without distinction based on race, sex, language, or religion.
4. Article 55 and 56 – Commitment to Human Rights:

Article 55 of the Charter lays the foundation for promoting higher standards of living,
full employment, and conditions of economic and social progress. It also
emphasizes the need to promote universal respect for human rights and
fundamental freedoms. Article 56 reinforces the commitment by requiring UN
member states to take joint and separate actions in cooperation with the
organization to achieve the objectives of Article 55.

5. Role of the General Assembly and Security Council:

The General Assembly and the Security Council, as principal organs of the UN, are
empowered to address human rights violations. While the General Assembly
provides a platform for member states to discuss human rights concerns, the
Security Council can take action when human rights violations pose a threat to
international peace. The Security Council has, at times, imposed sanctions on
states violating human rights, as seen in the case of South Africa during
apartheid.

6. Case Law and International Practice:

While the UN Charter itself is not a judicially enforceable document, it has inspired
the creation of various international judicial mechanisms to address human rights
issues. The International Court of Justice (ICJ), for example, derives its
authority from the Charter and has adjudicated cases that indirectly touch on
human rights, such as the Advisory Opinion on the Legality of the Threat or
Use of Nuclear Weapons (1996), which referenced human rights obligations of
states during armed conflict.

b. Universal Declaration of Human Rights (UDHR)

1. Historical Context and Adoption:

The Universal Declaration of Human Rights (UDHR) was adopted by the United
Nations General Assembly on December 10, 1948, in response to the atrocities
committed during World War II, particularly the Holocaust. Drafted by
representatives from diverse legal and cultural backgrounds, the UDHR is a
milestone in the history of human rights. Though it is not legally binding, it has
significantly influenced international law and national constitutions, serving as a
model for subsequent human rights treaties.

2. Core Principles and Structure:

The UDHR consists of a preamble and 30 articles. It asserts fundamental human
rights that are universal, indivisible, and applicable to all. Key principles include:

• Universality: All human beings, regardless of their nationality, race, religion,

or sex, are entitled to these rights.

• Indivisibility: Civil, political, economic, social, and cultural rights are equally
important and interdependent.

• Equality and Non-discrimination: Articles 1 and 2 of the UDHR emphasize

that everyone is born free and equal in dignity and rights and that there shall be
no discrimination on any basis.

3. Key Rights in the UDHR:

• Civil and Political Rights: Articles 3 to 21 focus on civil and political rights
such as the right to life, liberty, freedom from torture, freedom of expression,
and the right to participate in government. Notable is Article 5, which prohibits
torture, and Article 10, which guarantees the right to a fair trial.

• Economic, Social, and Cultural Rights: Articles 22 to 27 cover economic,

social, and cultural rights such as the right to social security, the right to work,
the right to education, and the right to participate in cultural life. These rights
aim to ensure an adequate standard of living for all individuals.

4. Influence on International Human Rights Treaties:

The UDHR has been the foundation for several binding international human rights
treaties. The two most significant are:

• The International Covenant on Civil and Political Rights (ICCPR) (1966),

which transforms the civil and political rights outlined in the UDHR into
legally binding obligations for states.

• The International Covenant on Economic, Social, and Cultural Rights

(ICESCR) (1966), which similarly transforms economic, social, and cultural
rights into legal obligations.

Together, these form the International Bill of Human Rights and have influenced
national constitutions and legal systems around the world.

5. Impact on Indian Law:

The UDHR has significantly influenced Indian constitutional and legal frameworks.
The Fundamental Rights enshrined in Part III of the Indian Constitution
mirror many of the rights articulated in the UDHR, such as the right to equality
(Article 14), freedom of speech and expression (Article 19), and the right to life
 and personal liberty (Article 21). Indian courts have drawn upon the UDHR in
several landmark judgments:

• In Vishaka v. State of Rajasthan (1997), the Supreme Court of India referred

to the UDHR when framing guidelines for sexual harassment in the workplace.

• In Maneka Gandhi v. Union of India (1978), the court expanded the scope of
Article 21 (right to life) and held that any law that restricts personal liberty
must be just, fair, and reasonable, reflecting the principles of due process from
international human rights law.

6. Current Relevance and Criticism:

Despite its universal appeal, the UDHR has been subject to criticism. Some argue that
it reflects Western ideals and may not adequately address cultural diversity and
social structures in different parts of the world. Critics from countries in the
Global South contend that the UDHR was drafted without sufficient input from
non-Western societies, although it does have significant contributions from
individuals like Hansa Mehta from India. Additionally, while the UDHR has
moral authority, its lack of legal enforceability limits its direct impact, making it
dependent on national laws and international treaties for implementation.

In conclusion, both the UN Charter and the UDHR play vital roles in shaping the
modern international human rights regime. The UN Charter provides a legal
framework for international cooperation on human rights, while the UDHR
serves as a universal standard for human dignity and rights. Together, they have
profoundly influenced international and domestic legal systems, including India,
and continue to guide the protection and promotion of human rights across the
globe.