HUMAN RIGHTS
UNIT 1: Concept, Evolution, and Development of Human Rights**
a. Meaning, Nature, and Significance
- Meaning: Human rights are basic rights and freedoms that belong to every
person, no matter who they are. They include the right to life, freedom of
speech, education, and a fair trial.
- Nature:
- Inalienable: These rights cannot be taken away or given up.
- Universal: They apply to everyone, everywhere.
- Indivisible: All rights are important and connected; if one is violated, it can
affect others.
- Significance:
- Protects Dignity: Human rights ensure that everyone is treated with respect.
- Foundation of Justice: They help create fair societies where people can seek
justice.
- Promotes Peace: When rights are respected, societies are more stable and
peaceful.
b. Evolution (Global): From Ancient Period to League of Nations; World Wars
to UDHR**
- Ancient Period: Early forms of rights can be found in documents like the Code
of Hammurabi and the Magna Carta, which established some basic rules for
justice.
- Middle Ages: Thinkers like Thomas Aquinas talked about natural rights, which
are rights that people have just because they are human.
- Enlightenment Era: Philosophers such as John Locke argued for individual
rights and the idea that governments should protect these rights.
- League of Nations: After World War I, this organization was created to
promote peace but didn’t do enough to protect human rights.
- World Wars to UDHR: The horrors of World War II highlighted the need for a
universal declaration of rights, leading to the “Universal Declaration of Human
Rights (UDHR)” in 1948, which lists the rights that should be protected globally.
c. Evolution (National): Indian History of Human Rights: From Vedic Period to
Constitution
- Vedic Period: Early Indian texts discussed the concept of Dharma
(righteousness), which included ideas about rights and responsibilities.
- Medieval Period: Religious leaders and reformers emphasized equality and
justice, influencing how rights were viewed in society.
- British Colonial Era: Under British rule, some rights were recognized, but
many were also violated, leading to struggles for freedom.
- Post-Independence: India’s Constitution, adopted in 1950, included
fundamental rights, guaranteeing freedoms such as equality, speech, and
protection from discrimination. This showed India’s commitment to protecting
human rights.
d. Universalism vs. Cultural Relativism
- Universalism: This idea believes that human rights apply to all people,
regardless of cultural differences. Everyone should have the same basic rights.
- Cultural Relativism: This viewpoint suggests that rights can vary based on
cultural, historical, and social contexts. It argues that imposing a universal
standard can ignore local traditions.
- Debate: The discussion between these two views is important for
understanding how rights can be applied in different cultures while still
ensuring basic human dignity.
e. Modern Developments
- Human Rights Movements: In recent decades, various movements have
emerged advocating for specific rights, such as gender equality, LGBTQ+ rights,
and the rights of marginalized groups.
- International Treaties: Many treaties have been established to protect specific
rights, like the rights of children and women, helping to create a more just
world.
- Technology’s Role: Social media and technology have made it easier for
people to spread awareness about human rights issues and organize for
change.
- Challenges: Despite progress, many challenges remain, such as oppression by
authoritarian governments, terrorism, and economic inequality that threaten
human rights.
f. Generations of Human Rights
- First Generation Rights: These are civil and political rights, such as the right to
life and freedom of speech. They focus on protecting individuals from state
interference.
- Second Generation Rights: Known as economic, social, and cultural rights,
these include the right to education, healthcare, and work. They focus on
ensuring everyone can live a dignified life.
- Third Generation Rights These rights address collective issues, such as the
right to a healthy environment and cultural rights, recognizing that some rights
are best protected collectively.
- Emerging Rights: New discussions are happening around digital rights,
environmental rights, and the rights of future generations, showing how
human rights continue to evolve.
UNIT 2: Treaty Bodies and International Bill of Human Rights
a. Treaty Bodies and Their Roles
1. Office of the UN High Commissioner for Human Rights (OHCHR):
- This office is responsible for promoting and protecting human rights
worldwide. It works with countries to improve their human rights practices and
addresses violations of human rights.
2. Human Rights Council:
- An intergovernmental body within the UN that discusses and promotes
human rights issues globally. It reviews human rights records of all UN member
states and can take action against those who violate human rights.
3. Commissions on Human Rights:
- Various commissions focus on specific human rights issues. They gather
information, make recommendations, and help promote human rights
worldwide.
4. Other Committees:
- Committee on Economic, Social and Cultural Rights (CESCR): Monitors how
countries implement the rights related to work, education, health, and an
adequate standard of living.
- Human Rights Committee (CCPR): Oversees the implementation of the
International Covenant on Civil and Political Rights (ICCPR), focusing on civil
and political rights.
-Committee on the Elimination of Discrimination Against Women (CEDAW):
Works to eliminate discrimination against women and promote gender
equality.
-Committee Against Torture (CAT): Monitors countries’ adherence to the
Convention Against Torture, aiming to prevent torture and inhumane
treatment.
-Committee on the Elimination of Racial Discrimination (CERD): Focuses on
combating racial discrimination and promoting understanding among different
racial groups.
-Committee on the Rights of the Child (CRC): Protects the rights of children
and ensures their needs are met.
-Committee on Migrant Workers (CMW): Focuses on the rights of migrant
workers and their families.
- Subcommittee on Prevention of Torture (SPT): Works to prevent torture and
other cruel treatment in places of detention.
- Committee on the Rights of Persons with Disabilities (CRPD): Promotes and
protects the rights of people with disabilities.
-Committee on Enforced Disappearances (CED): Addresses the issue of
enforced disappearances and works to prevent them.
b. International Bill of Human Rights and Implementation Mechanisms
1. International Bill of Human Rights:
- This term refers to a collection of international documents that lay out
fundamental human rights that everyone is entitled to. It includes:
- Universal Declaration of Human Rights (UDHR): Adopted in 1948, this
foundational document outlines basic human rights for all people, such as the
right to life, liberty, and security.
- International Covenant on Civil and Political Rights (ICCPR): This treaty,
along with its optional protocols, protects civil and political rights, such as
freedom of speech, religion, and the right to a fair trial.
- International Covenant on Economic, Social and Cultural Rights (ICESCR):
This treaty ensures rights related to work, health, education, and an adequate
standard of living.
2. International Implementation Mechanisms:
- Countries that ratify these treaties are monitored to ensure they are
fulfilling their obligations. The treaty bodies (like the ones mentioned above)
review reports submitted by countries and provide recommendations for
improvements.
- Optional Protocols: These are additional agreements that countries can
agree to that enhance the enforcement of the main treaties. For example, the
ICCPR has two optional protocols that allow for individual complaints and the
abolition of the death penalty.
UNIT 3 : Human Rights Protection in India
a. Constitutional Provisions (Fundamental Rights and Directive Principles)
1. Fundamental Rights:
- These are basic rights guaranteed by the Indian Constitution to all citizens.
They protect individuals from the state and ensure equality, freedom, and
justice. Some key fundamental rights include:
- Right to Equality: Everyone is equal before the law.
- Right to Freedom: Includes the freedom of speech, assembly, and
movement.
- Right against Exploitation: Prohibits human trafficking and forced labor.
- Right to Freedom of Religion: Allows individuals to practice their religion
freely.
- Cultural and Educational Rights: Protects the rights of minorities to
preserve their culture and establish educational institutions.
- Right to Constitutional Remedies: Citizens can approach the courts if their
rights are violated.
2. Directive Principles of State Policy:
- These are guidelines for the government to create policies and laws that
promote social and economic justice. They are not legally enforceable but are
essential for governance. They include:
- Promoting education and economic welfare.
- Ensuring adequate means of livelihood for all.
- Protecting the environment and improving public health.
b. Application of International Human Rights Law in India
- International human rights laws and treaties, such as the Universal
Declaration of Human Rights (UDHR), influence Indian laws. When India ratifies
these treaties, they become part of its legal framework, guiding the country in
protecting human rights. Indian courts often refer to international laws when
making judgments related to human rights.
c. Role of Judiciary in Protecting Human Rights
- The judiciary, especially the Supreme Court and High Courts, plays a vital role
in protecting human rights. They interpret the Constitution and can strike down
laws that violate fundamental rights. Public Interest Litigation (PIL) allows
individuals to file cases on behalf of those whose rights are violated, making
the judiciary accessible to all.
d. Permissible Limitations on Human Rights
- While human rights are essential, they can have certain limitations for reasons
like:
- Public Order: Restrictions may be imposed to maintain peace and order.
- Security of the State: Rights may be limited during emergencies or threats to
national security.
- Morality: Certain restrictions can be placed to uphold public morality.
- Health: Limitations may be necessary to protect public health.
e. The Protection of Human Rights Act, 1993
- This act established the framework for protecting human rights in India. It
aims to:
- Define Human Rights: The act defines what constitutes human rights and
provides mechanisms for their protection.
- Create National and State Human Rights Commission: These commissions
monitor human rights violations and make recommendations to the
government.
f. NHRC and State Human Rights Commissions: Composition, Powers, and
Functions
1. National Human Rights Commission (NHRC):
- Composition: Comprised of a chairperson (retired Chief Justice of India) and
other members.
- Powers: Investigate complaints, visit jails, and review laws to ensure
compliance with human rights.
- Functions: Inquire into human rights violations, recommend actions to the
government, and promote human rights awareness.
2. State Human Rights Commissions:
- Similar to the NHRC but operate at the state level. They address human
rights issues specific to their region.
g. NCW, NCM, NCSC, and NCST
1. National Commission for Women (NCW):
- Protects and promotes the rights of women, addressing issues like violence
against women and gender discrimination.
2. National Commission for Minorities (NCM):
- Safeguards the rights of religious and linguistic minorities, ensuring their
welfare and development.
3. National Commission for Scheduled Castes (NCSC):
- Focuses on the rights and development of Scheduled Castes, addressing
discrimination and social injustices they face.
4. National Commission for Scheduled Tribes (NCST):
- Protects the rights of Scheduled Tribes, promoting their welfare and
addressing issues affecting their communities.
h. Role of Civil Societies and Media
- Civil Societies: Non-governmental organizations (NGOs) and community
groups play a crucial role in advocating for human rights, raising awareness,
and supporting victims of human rights violations. They often help in policy-
making and ensure government accountability.
- Media: The media is essential in highlighting human rights issues, reporting
violations, and informing the public. Investigative journalism can bring
attention to injustices and prompt action from authorities.
UNIT 4: HUMAN RIGHTS OF VULNERABLE GROUP AND CONTEMPORARY
CHALLENGES
Vulnerable Groups
Vulnerable groups are segments of the population that face greater risks and
challenges compared to others. These groups often require special attention
and protection from the government and society. Here’s an overview of several
vulnerable groups and the initiatives in place to support them:
i. Women
-International Perspective: Globally, women often face issues like
discrimination, violence, and limited access to education and healthcare.
International agreements like the **Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW)** promote women’s rights.
-National Perspective: In many countries, laws exist to protect women's rights,
such as laws against domestic violence and sexual harassment.
- Initiatives:
- Government: Various schemes for women's empowerment, like providing
loans for businesses or education.
- Judicial: Specialized courts to handle cases related to women's issues.
- Civil Society: NGOs work to raise awareness and provide support services for
women.
ii. Children
- International Perspective: Children are recognized as a vulnerable group
needing special protection under the “United Nations Convention on the Rights
of the Child (UNCRC)”, which advocates for children's rights to education,
healthcare, and protection from exploitation.
- National Perspective: Many countries have laws against child labor and for
the right to education.
- Initiatives:
-Government: Programs like mid-day meal schemes and free education
initiatives.
- Judicial: Child courts to address crimes against children.
- Civil Society: Organizations working to rescue children from exploitation and
promote education.
iii. Disabled Individuals
- International Perspective: The “Convention on the Rights of Persons with
Disabilities (CRPD)” aims to ensure that disabled individuals have equal rights
and access to opportunities.
- National Perspective: Countries often have laws to protect the rights of
disabled individuals, ensuring access to public spaces and employment.
- Initiatives:
- Government: Disability pensions, scholarships, and accessibility measures in
public buildings.
- Judicial: Courts ensure that laws protecting the rights of disabled individuals
are enforced.
- Civil Society: NGOs advocate for inclusion and accessibility in all aspects of
life.
iv. Refugees
- International Perspective: The “1951 Refugee Convention” and its protocol
provide protection and rights to refugees fleeing persecution.
- National Perspective: Countries often have specific laws and policies to
support refugees and asylum seekers.
- Initiatives:
- Government: Resettlement programs and integration services.
- Judicial: Legal aid for refugees seeking asylum.
- Civil Society: NGOs providing essential services like food, shelter, and legal
assistance.
v. Senior Citizens
- International Perspective: Older adults are recognized in many international
policies aimed at protecting their rights and ensuring they lead dignified lives.
- National Perspective: Many countries have laws aimed at protecting the
rights of older persons, ensuring access to healthcare and social services.
- Initiatives:
- Government: Pension schemes and healthcare services for senior citizens.
- Judicial: Laws against elder abuse and neglect.
- Civil Society: Organisations providing support and companionship programs
for seniors.
vi. Prisoners
- International Perspective: International laws, such as the **UN Standard
Minimum Rules for the Treatment of Prisoners, emphasize humane treatment
and rehabilitation.
- National Perspective: Many countries have legal frameworks that protect
prisoners' rights while ensuring public safety.
- Initiatives:
- Government: Rehabilitation programs and legal aid for prisoners.
- Judicial: Courts to review cases of wrongful detention or abuse.
- Civil Society: NGOs working for prisoner rights and rehabilitation.
Contemporary Challenges
i. Terrorism and Narco-Terrorism
- Description: Terrorism involves violent acts to intimidate or coerce societies,
while narco-terrorism links drug trafficking to political violence. Both pose
significant threats to vulnerable populations by creating instability and fear.
- Impact: Vulnerable groups often suffer the most during conflicts and violence,
facing displacement, loss of livelihood, and lack of protection.
ii. Technological and Scientific Development
- Description: Rapid advancements in technology can lead to issues like job
displacement due to automation, digital divide (where some people lack access
to technology), and privacy concerns.
- Impact: Vulnerable groups, particularly the elderly and the disabled, may
struggle to adapt to new technologies, further marginalizing them in society.
