UNIVERSITY OF THE PUNJAB

L.L.B. (05 Years) Part-2 Annual Examination-2024

Subject: Human Rights Paper: 5 (Revised New Syllabus)
NOTE: Attempt any Three questions. All questions carry equal marks.

Q.1. Define Human Rights, explain the origin and development of Human Rights.
Q.2. Which Rights are protected under Universal Declaration on Human Rights?
Q.3. State the Human Rights provisions provided under the UN Charter.
Q. 4. Enumerate the role of UN in formulating and interpreting Human Rights Law.
Q.5. Elaborate the various approaches of Human Rights Law.
Q.6. What do you understand by the Convention on the Elimination of all forms of
Discrimination against Women (CEDAW)?
Q.7. Discuss the salient features of international covenant on civil and political
rights?
Q.8. Write a note on the following kinds of Rights;
a) Right to life and Security of Person
b) Due process of law
c) Right to Clean Environment
Q.9 What is the position of women under the international human rights law; is
there any treaty that deals with the rights of women.
Q.10. Evaluate the nature, origin and development of human rights, how they have
been classified?
Solution
Q.1. Define Human Rights, explain the origin and development of Human
Rights.

Introduction
Human rights are fundamental, inalienable rights and freedoms that belong
to every individual simply because they are human beings. These rights are
universal, indivisible, and interdependent, ensuring the dignity, equality, and
freedom of all individuals. They include civil, political, economic, social, and cultural
rights and are enshrined in national laws, international treaties, and customary
international practices.
Definition of Human Rights
Human rights are fundamental, inalienable rights and freedoms that belong
to every individual simply because they are human beings.
Origin of Human Rights
The concept of human rights has evolved over centuries, shaped by
philosophical, religious, and political developments.
1. Ancient Philosophies and Religions:
o Ancient Civilizations: Early notions of justice and fairness can be traced
to codes like the Code of Hammurabi (Babylon, 1754 BCE), which laid down rules to
protect individuals from arbitrary punishment.
o Religious Teachings: Major religions such as Hinduism, Buddhism,
Judaism, Christianity, and Islam emphasized the inherent worth and dignity of
individuals, advocating compassion, fairness, and moral conduct.
2. Classical Period:
o Greek Philosophy: Philosophers like Socrates, Plato, and Aristotle
discussed ideas of justice, ethics, and the rights of individuals in society.
o Roman Law: Introduced the concept of natural law, which held that
certain rights were inherent to human nature and universal.
3. Medieval Period:
o Focus on divine rights and duties limited the development of individual
human rights but sowed seeds through doctrines of moral responsibility.
Development of Human Rights
1. Early Milestones (12th–18th Century):
o Magna Carta (1215): Established the principle that no one, including
the king, is above the law, and it protected certain rights of English nobles.
 o Renaissance and Enlightenment: Thinkers like John Locke and Jean-
Jacques Rousseau introduced ideas of individual liberty, equality, and social contract
theory.
o American Revolution (1776): The Declaration of Independence
proclaimed that all men are created equal and endowed with unalienable rights,
including life, liberty, and the pursuit of happiness.
o French Revolution (1789): The Declaration of the Rights of Man and of
the Citizen emphasized equality, freedom, and fraternity.
2. Modern Era (19th–20th Century):
o Abolition of Slavery: Movements in the 19th century led to the abolition
of slavery in many countries, recognizing the right to freedom.
o Workers’ Rights and Suffrage: Industrialization prompted demands for
labor rights, while women’s suffrage movements fought for gender equality.
o Post-World War II Developments:
 The horrors of World War II galvanized global consensus on the need
for universal human rights.
 Universal Declaration of Human Rights (UDHR, 1948): Adopted by the
United Nations, it became the foundational document for modern human rights law,
listing civil, political, economic, and cultural rights.
3. Expansion in the Late 20th and 21st Century:
o International Treaties and Covenants:
 International Covenant on Civil and Political Rights (ICCPR, 1966).
 International Covenant on Economic, Social and Cultural Rights
(ICESCR, 1966).
o Regional Instruments:
 European Convention on Human Rights (1950).
 African Charter on Human and Peoples' Rights (1981).
o New Frontiers:
 Rights of marginalized groups, including women, children, LGBTQ+
individuals, and indigenous peoples.
 Environmental rights and the recognition of the right to a healthy
environment.
Conclusion
Human rights have evolved from ancient traditions and religious beliefs into a
comprehensive framework of universal principles. Their development reflects
humanity’s ongoing struggle for justice, equality, and dignity, with global
institutions and treaties continuing to refine and expand these rights in response to
emerging challenges.
Q.2. Which Rights are protected under Universal Declaration on Human
Rights?

Introduction
The Universal Declaration of Human Rights (UDHR), adopted by the United
Nations General Assembly on December 10, 1948, outlines a comprehensive list of
rights and freedoms to which all individuals are entitled. It consists of 30 articles
that encompass civil, political, economic, social, and cultural rights. Below is a
summary of the key rights protected under the UDHR:
Civil and Political Rights
1. Right to Equality (Article 1 & 2):
o All human beings are born free and equal in dignity and rights.
o Prohibits discrimination based on race, color, sex, language, religion,
political opinion, national or social origin, property, birth, or other status.
2. Right to Life, Liberty, and Personal Security (Article 3):
o Everyone has the right to life, liberty, and security of person.
3. Freedom from Slavery (Article 4):
o Prohibits slavery and the slave trade in all forms.
4. Freedom from Torture (Article 5):
o No one shall be subjected to torture or cruel, inhuman, or degrading
treatment or punishment.
5. Right to Recognition as a Person Before the Law (Article 6):
o Everyone has the right to recognition everywhere as a person before
the law.
6. Equality Before the Law (Article 7):
o All are equal before the law and entitled to equal protection without
discrimination.
7. Right to a Fair Trial (Article 10):
o Everyone is entitled to a fair and public hearing by an impartial
tribunal.
8. Freedom from Arbitrary Arrest and Detention (Article 9):
 o No one shall be subjected to arbitrary arrest, detention, or exile.
9. Right to Privacy (Article 12):
o Protection against arbitrary interference with privacy, family, home, or
correspondence.
10. Freedom of Movement (Article 13):
o The right to move freely within a country and leave or return to one's
country.
11. Right to Seek Asylum (Article 14):
o Everyone has the right to seek asylum from persecution in other
countries.
12. Freedom of Thought, Conscience, and Religion (Article 18):
o Includes freedom to change religion or belief and practice it openly.
13. Freedom of Opinion and Expression (Article 19):
o Includes the right to seek, receive, and impart information and ideas.
14. Right to Peaceful Assembly and Association (Article 20):
o The right to organize and participate in peaceful meetings.
15. Right to Participate in Government (Article 21):
o Includes the right to vote and take part in public affairs.
Economic, Social, and Cultural Rights
16. Right to Social Security (Article 22):
o Everyone is entitled to social security and the realization of economic,
social, and cultural rights.
17. Right to Work (Article 23):
o Includes the right to free choice of employment, fair wages, and
protection against unemployment.
18. Right to Rest and Leisure (Article 24):
o Entitlement to reasonable working hours and holidays.
19. Right to a Standard of Living (Article 25):
o Adequate standard of living for health and well-being, including food,
clothing, housing, and medical care.
20. Right to Education (Article 26):
 o Free and compulsory elementary education, with higher education
equally accessible based on merit.
21. Right to Participate in Cultural Life (Article 27):
o Freedom to enjoy the arts and participate in the cultural life of the
community.
Universal and Collective Rights
22. Right to Self-Determination and Sovereignty (Implied in Articles 1-30):
o Emphasizes the collective rights of all individuals to freely determine
their political status and pursue economic, social, and cultural development.
23. Non-Discrimination (Throughout the Declaration):
o Prohibits any form of discrimination in the exercise of these rights and
freedoms.
Conclusion
The UDHR is a cornerstone document that lays the foundation for
international human rights law. It guarantees a broad spectrum of rights designed
to protect individuals' dignity, freedom, and well-being, serving as a universal
standard for justice and equality. These rights, although not legally binding, have
inspired numerous international treaties, conventions, and national laws worldwide.

Q.3. State the Human Rights provisions provided under the UN Charter.

Introduction
The United Nations Charter, adopted in 1945, serves as the foundational
treaty of the United Nations and includes several provisions related to human rights.
While it does not list specific rights as the Universal Declaration of Human Rights
(UDHR) does, the Charter establishes the principles and obligations for member
states to promote and respect human rights universally. Below are the key human
rights provisions within the Charter:
Human Rights Provisions in the UN Charter
1. Preamble:
o Affirms the commitment to fundamental human rights, the dignity and
worth of the human person, and equal rights of men and women.
2. Purposes of the United Nations (Article 1):
o Article 1(3): One of the primary purposes of the UN is to promote and
encourage respect for human rights and fundamental freedoms for all, without
distinction based on race, sex, language, or religion.
 3. Principles of Cooperation (Article 55):
o Promotes higher standards of living, full employment, and conditions
for economic and social progress.
o Encourages universal respect for, and observance of, human rights and
fundamental freedoms for all without discrimination.
4. Obligations of Member States (Article 56):
o All members pledge themselves to take joint and separate action in
cooperation with the UN to achieve the goals of Article 55, including the promotion
of human rights.
5. Role of the General Assembly (Article 13):
o The General Assembly is tasked with initiating studies and making
recommendations to promote international cooperation in political, economic, and
cultural fields, including the realization of human rights.
6. Role of the Economic and Social Council (ECOSOC) (Articles 62-68):
o Article 62: ECOSOC can make recommendations for the promotion of
human rights and set up commissions for the same purpose.
o Article 68: ECOSOC established the Commission on Human Rights,
which later became the Human Rights Council.
7. Non-Intervention Principle (Article 2):
o While emphasizing state sovereignty, the Charter recognizes that
human rights are a legitimate concern of the international community, laying the
groundwork for future interventions in cases of gross violations.
8. Specialized Agencies (Article 57 and 63):
o Calls for cooperation with specialized agencies (e.g., WHO, ILO,
UNESCO) to promote human rights and fundamental freedoms globally.
Significance of the Human Rights Provisions
• Global Commitment: The Charter signifies the first universal
commitment to human rights at the international level.
• Foundation for International Instruments: These provisions paved the
way for the adoption of the Universal Declaration of Human Rights (1948) and
subsequent human rights treaties, such as the International Covenant on Civil and
Political Rights (1966) and the International Covenant on Economic, Social, and
Cultural Rights (1966).
• Institutional Framework: The Charter establishes bodies like the
General Assembly and ECOSOC, which play critical roles in advancing human rights
globally.
 Limitations
• The Charter does not define specific human rights, leaving their
elaboration to later instruments like the UDHR.
• Its provisions are broad and often subject to the interpretation and
political will of member states.
Conclusion
The UN Charter serves as a cornerstone document for the international
human rights framework, emphasizing the universal promotion and protection of
human rights. While its provisions are general, they underscore the global
commitment to human rights and set the stage for the development of more
detailed international human rights laws and mechanisms.

Q. 4. Enumerate the role of UN in formulating and interpreting Human

Rights Law.

Introduction
The United Nations (UN) has played a pivotal role in formulating and
interpreting human rights law, establishing global standards, frameworks, and
mechanisms to protect and promote these rights. Below is an enumeration of its
key roles in the formulation and interpretation of human rights law:
1. Formulation of Human Rights Standards
The UN has created a comprehensive international framework to define and
protect human rights through treaties, declarations, and conventions.
• Universal Declaration of Human Rights (UDHR) (1948):
o A landmark document that outlines the fundamental rights and
freedoms entitled to every individual.
o Serves as the foundation for subsequent human rights instruments.
• International Covenants:
o International Covenant on Civil and Political Rights (ICCPR) (1966):
Protects civil and political rights like freedom of expression, right to a fair trial, and
protection against torture.
o International Covenant on Economic, Social and Cultural Rights
(ICESCR) (1966): Focuses on rights such as the right to work, education, and an
adequate standard of living.
• Specialized Treaties:
 o Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW, 1979).
o Convention on the Rights of the Child (CRC, 1989).
o Convention on the Rights of Persons with Disabilities (CRPD, 2006).
• Universal Periodic Review (UPR):
o Monitors and evaluates the compliance of member states with human
rights obligations.
2. Creation of Human Rights Bodies
The UN has established bodies to oversee, interpret, and implement human
rights standards.
• Human Rights Council (HRC):
o Promotes and protects human rights globally.
o Conducts the Universal Periodic Review and addresses violations
through resolutions.
• Office of the High Commissioner for Human Rights (OHCHR):
o Provides leadership and coordinates UN activities related to human
rights.
o Offers technical support and capacity-building for states to fulfill their
human rights obligations.
• Treaty Monitoring Bodies:
o Committees like the Human Rights Committee (HRCttee) for ICCPR and
the Committee on Economic, Social, and Cultural Rights (CESCR) oversee
compliance with specific treaties and issue interpretations in the form of "General
Comments."
• Special Procedures:
o Independent experts, known as Special Rapporteurs, address thematic
or country-specific human rights issues.
3. Interpretation of Human Rights Law
UN bodies and mechanisms play a crucial role in interpreting human rights
laws to address contemporary challenges.
• General Comments and Recommendations:
o Treaty bodies issue authoritative interpretations of specific provisions
in human rights treaties to clarify their meaning and application (e.g., the HRCttee's
General Comment No. 36 on the right to life).
 • Thematic Reports:
o Special Rapporteurs provide insights and guidance on emerging issues
like digital rights, climate change, and artificial intelligence’s impact on human
rights.
• Advisory Opinions:
o The International Court of Justice (ICJ), a principal UN body, provides
advisory opinions on legal questions related to human rights when requested.
• Customary International Law Development:
o The UN's work has helped solidify certain human rights principles as
customary international law, binding even on states that have not ratified specific
treaties.
4. Advocacy and Capacity-Building
The UN actively promotes awareness and supports the implementation of
human rights globally.
• Educational Campaigns:
o Develops programs to increase awareness about human rights, such as
the World Programme for Human Rights Education.
• Technical Assistance:
o Offers training, financial aid, and expertise to countries for
implementing human rights laws and creating institutional frameworks.
• Conflict Resolution and Peacekeeping:
o Ensures the protection of human rights in post-conflict and
peacebuilding processes.
5. Addressing Violations and Ensuring Accountability
The UN takes measures to address and prevent human rights abuses
worldwide.
• Investigative Mechanisms:
o Establishes commissions of inquiry, fact-finding missions, and tribunals
to investigate gross violations (e.g., International Criminal Tribunal for the former
Yugoslavia and Rwanda).
• Sanctions and Resolutions:
o The Security Council can impose sanctions or authorize interventions
to protect human rights (e.g., in cases of genocide or crimes against humanity).
• International Advocacy:
 o Mobilizes international attention and pressure on violators through
reports, statements, and campaigns.
6. Integrating Human Rights Across UN Systems
Human rights are mainstreamed into all aspects of the UN’s work,
emphasizing their interconnectedness with development, peace, and security.
• Sustainable Development Goals (SDGs):
o Human rights principles are embedded in the SDGs, promoting
equality, justice, and inclusive development.
• Peacekeeping Operations:
o Protects vulnerable populations in conflict zones and integrates human
rights considerations into peacekeeping mandates.
Conclusion
The UN’s role in formulating and interpreting human rights law is
foundational to the global human rights system. It sets international standards,
provides mechanisms for enforcement and interpretation, and works to ensure that
human rights remain central to global governance. By continually addressing
emerging challenges, the UN adapts its human rights framework to protect the
dignity and rights of all individuals worldwide.

Q.5. Elaborate the various approaches of Human Rights Law.

Introduction
Human rights law is a complex and dynamic field that adopts various
approaches to ensure the protection and promotion of fundamental rights and
freedoms. These approaches reflect the theoretical foundations, mechanisms of
implementation, and strategies for enforcement and advocacy. Below are the
various approaches of human rights law, categorized for clarity:
1. Theoretical Approaches
These approaches provide the philosophical and ideological underpinnings of
human rights law.
a. Natural Law Approach
• Human rights are inherent and derive from human nature or a higher
moral authority.
• Rights are universal, inalienable, and self-evident, as reflected in
documents like the Universal Declaration of Human Rights (UDHR).
 • Example: "Life, liberty, and the pursuit of happiness" in the U.S.
Declaration of Independence is based on natural law principles.
b. Legal Positivist Approach
• Human rights exist because they are codified in legal instruments
(e.g., treaties, constitutions, laws).
• Rights are not universal or inherent but depend on state recognition
and enforcement.
• Example: Rights protected under national constitutions or international
treaties.
c. Relativist Approach
• Emphasizes cultural, religious, and societal differences in defining and
interpreting human rights.
• Questions the universality of human rights by arguing that they should
reflect cultural norms and values.
• Example: Varied perspectives on gender equality and LGBTQ+ rights in
different cultural contexts.
d. Marxist and Economic Approach
• Views human rights as inherently tied to socio-economic conditions.
• Focuses on collective rights and economic justice, critiquing the
emphasis on individual rights as a tool of capitalist systems.
• Example: Emphasis on economic and social rights, such as the right to
work and education.
2. Substantive Approaches
These focus on the categorization and scope of rights protected under human
rights law.
a. Civil and Political Rights Approach
• Prioritizes individual freedoms and protections from state abuse.
• Includes rights like freedom of speech, fair trial, and protection against
torture.
• Example: Protected under the International Covenant on Civil and
Political Rights (ICCPR).
b. Economic, Social, and Cultural Rights Approach
• Focuses on ensuring basic socio-economic welfare and cultural
participation.
 • Includes rights to work, education, healthcare, and cultural identity.
• Example: Protected under the International Covenant on Economic,
Social and Cultural Rights (ICESCR).
c. Collective or Group Rights Approach
• Protects the rights of specific groups or communities, such as
indigenous peoples, minorities, and vulnerable populations.
• Includes rights like self-determination, environmental rights, and
cultural preservation.
• Example: African Charter on Human and Peoples’ Rights emphasizes
collective rights.
3. Enforcement and Implementation Approaches
These approaches deal with mechanisms to enforce human rights at different
levels.
a. National Approach
• Human rights are implemented through domestic laws, constitutions,
and institutions.
• Example: National human rights commissions, constitutional provisions
protecting fundamental rights.
b. Regional Approach
• Regional human rights systems focus on enforcing human rights in
specific geographic areas.
• Example:
o European Court of Human Rights (ECHR) under the European
Convention on Human Rights.
o Inter-American Court of Human Rights (IACHR).
o African Commission on Human and Peoples’ Rights (ACHPR).
c. International Approach
• Human rights are enforced through international treaties, bodies, and
mechanisms.
• Example: UN Human Rights Council, treaty bodies (e.g., Human Rights
Committee for ICCPR), and Universal Periodic Review (UPR).
4. Advocacy and Awareness Approaches
These focus on promoting human rights and mobilizing public opinion.
a. Legal Advocacy
 • Using litigation to enforce human rights at domestic, regional, and
international courts.
• Example: Filing cases of discrimination or abuse in the European Court
of Human Rights.
b. Grassroots and Civil Society Advocacy
• Non-governmental organizations (NGOs) and community groups work
to raise awareness and provide support to victims.
• Example: Amnesty International campaigns for the release of political
prisoners.
c. Media and Public Awareness
• Media plays a role in exposing human rights violations and fostering
accountability.
• Example: Documentaries and journalism highlighting war crimes or
refugee crises.
5. Emerging and Contemporary Approaches
These address new challenges and areas of human rights concern.
a. Rights-Based Approach to Development
• Integrates human rights into development policies and programs.
• Example: Linking the right to clean water and sanitation with
sustainable development goals (SDGs).
b. Environmental and Climate Justice Approach
• Recognizes the right to a healthy environment and addresses climate-
related human rights violations.
• Example: Advocacy for climate justice under the Paris Agreement.
c. Technology and Digital Rights Approach
• Focuses on protecting human rights in the digital age, including
privacy, freedom of expression, and protection from cybercrime.
• Example: Debates around regulating AI and data protection laws.
d. Intersectional Approach
• Recognizes the overlapping forms of discrimination individuals face
based on race, gender, class, and other identities.
• Example: Advocacy for gender and racial equity in labor laws.
Conclusion
 The approaches to human rights law reflect a diverse and evolving field that
balances universal principles with local contexts. By integrating theoretical
foundations, substantive categories, enforcement mechanisms, and contemporary
challenges, these approaches ensure the continued relevance and adaptability of
human rights in addressing the complexities of modern society.

Q.6. What do you understand by the Convention on the Elimination of all

forms of Discrimination against Women (CEDAW)?

Introduction
The Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) is a landmark international treaty adopted by the United Nations
General Assembly on 18 December 1979. Often described as the “International Bill
of Rights for Women”, it is dedicated to achieving gender equality and eliminating
discrimination against women in all forms.
Key Features of CEDAW
1. Objectives of CEDAW
• To eliminate discrimination against women in all aspects of life.
• To promote gender equality in political, social, economic, and cultural
fields.
• To ensure the full development and advancement of women so they
can enjoy their rights and freedoms on an equal basis with men.
2. Definition of Discrimination (Article 1)
• Discrimination against women is defined as any distinction, exclusion,
or restriction made based on sex that impairs or nullifies women’s human rights and
fundamental freedoms in political, economic, social, cultural, civil, or any other field.
3. Obligations of State Parties
• Legislative Measures: States must adopt laws to eliminate
discrimination.
• Policy Reforms: Governments must incorporate gender equality
principles in their policies and programs.
• Eliminating Stereotypes: States are required to combat societal
attitudes and practices that perpetuate gender-based discrimination.
• Affirmative Action: States can implement temporary special measures
(e.g., quotas) to accelerate the achievement of gender equality.
Key Provisions of CEDAW
 CEDAW comprises 30 articles, divided into six parts, covering various aspects
of women’s rights:
Part I: General Provisions
• Defines discrimination and outlines measures states must take to
eliminate it.
Part II: Public and Political Rights
• Ensures women's equal participation in political and public life,
including the right to vote, hold office, and participate in policymaking.
Part III: Social and Economic Rights
• Guarantees equal access to education, employment, healthcare, and
other economic and social opportunities.
• Prohibits discrimination in marriage, family life, and other personal
matters.
Part IV: Equality Before the Law
• Promotes equal legal capacity for women and equal protection under
the law.
Part V: Monitoring and Implementation
• Establishes the Committee on the Elimination of Discrimination against
Women to oversee implementation and monitor compliance.
Part VI: Miscellaneous Provisions
• Covers administrative and procedural aspects of the treaty.
The Role of the CEDAW Committee
• Review of State Reports: Member states are required to submit
periodic reports on the implementation of the Convention.
• General Recommendations: The Committee issues recommendations
interpreting the Convention and addressing emerging issues.
• Individual Complaints: Under the Optional Protocol to CEDAW (1999),
the Committee can consider complaints from individuals or groups alleging
violations of their rights.
Significance of CEDAW
1. Global Framework for Gender Equality:
o Provides a comprehensive roadmap for achieving gender equality and
empowering women worldwide.
2. Challenging Discriminatory Practices:
 o Calls for the abolition of laws, customs, and practices that discriminate
against women.
3. Advancing Women’s Rights:
o Focuses on rights in various areas, including education, health,
employment, and family life.
4. Empowering Women Globally:
o Inspires national legislation and reforms to advance gender equality.
Challenges in Implementation
• Cultural and Religious Resistance: Traditional practices and beliefs
often conflict with the principles of CEDAW.
• Weak Enforcement Mechanisms: CEDAW lacks binding enforcement
measures, relying on state compliance.
• Non-Ratification: Some countries have not ratified the Convention or
have entered significant reservations limiting its impact.
Conclusion
CEDAW is a transformative legal instrument that addresses gender inequality
and promotes the empowerment of women worldwide. While significant progress
has been made, continued efforts are needed to overcome cultural, legal, and
institutional barriers to fully realize the Convention’s objectives. It remains a critical
tool for achieving a world where women enjoy equal rights and opportunities in all
spheres of life.

Q.7. Discuss the salient features of international covenant on civil and

political rights?
Introduction
The International Covenant on Civil and Political Rights (ICCPR) is a core
international human rights treaty adopted by the United Nations General Assembly
on 16 December 1966 and entered into force on 23 March 1976. It seeks to ensure
the protection of civil and political rights for all individuals, with state parties bound
to uphold these rights.
Salient Features of the ICCPR
1. Protection of Fundamental Civil and Political Rights
The ICCPR guarantees a wide range of civil and political rights to individuals,
including:
• Right to life (Article 6):
o Protects individuals from arbitrary deprivation of life.
 o Prohibits the death penalty for minors and pregnant women and
encourages its abolition.
• Prohibition of torture and cruel treatment (Article 7):
o Outlaws torture, inhuman, or degrading treatment or punishment.
• Freedom from slavery and forced labor (Article 8):
o Prohibits slavery, servitude, and forced labor in all forms.
• Right to liberty and security (Article 9):
o Ensures protection against arbitrary arrest or detention.
• Equality before the law (Article 26):
o Guarantees equality and non-discrimination before the law.
2. Rights to Fair Trial and Justice
• Right to a fair trial (Article 14):
o Guarantees due process, the presumption of innocence, and the right
to a fair and public hearing by a competent tribunal.
• Freedom from retroactive criminal laws (Article 15):
o No one can be convicted for an act that was not a criminal offense at
the time it was committed.
3. Political and Civil Liberties
• Freedom of thought, conscience, and religion (Article 18):
o Protects the right to have, adopt, and manifest one's beliefs or religion.
• Freedom of expression (Article 19):
o Protects the right to hold opinions without interference and to seek,
receive, and impart information and ideas.
• Freedom of assembly and association (Articles 21 & 22):
o Ensures the right to peaceful assembly and association, including the
right to form and join trade unions.
• Right to participate in public affairs (Article 25):
o Guarantees the right to vote, stand for election, and participate in
public decision-making.
4. Non-Discrimination and Minority Rights
• Prohibition of discrimination (Articles 2 and 26):
 o Mandates that rights are guaranteed without distinction of race, color,
sex, language, religion, or other status.
• Protection of minority rights (Article 27):
o Ensures that ethnic, religious, or linguistic minorities can enjoy their
own culture, religion, and language.
5. Rights Related to Family and Privacy
• Right to privacy (Article 17):
o Protects individuals from arbitrary or unlawful interference with
privacy, family, home, or correspondence.
• Protection of the family (Article 23):
o Recognizes the family as the natural unit of society and guarantees its
protection.
6. Limitations and Derogations
• Permissible Limitations:
o Certain rights, like freedom of expression, may be limited for reasons
such as public safety, order, health, or morals.
• Derogations in Emergencies (Article 4):
o States may temporarily suspend some rights in times of public
emergency, but certain rights, such as the right to life and freedom from torture,
are non-derogable.
7. Monitoring and Compliance Mechanisms
• Human Rights Committee (HRC):
o Oversees implementation and monitors compliance by reviewing
periodic reports from state parties.
• Individual Complaints:
o Under the First Optional Protocol, individuals may submit complaints
alleging violations of their rights to the Committee.
8. Obligations of State Parties
• Respect and ensure rights (Article 2):
o State parties must take legislative and other measures to protect and
fulfill the rights recognized in the ICCPR.
• Effective remedies (Article 2):
o States must provide effective remedies for individuals whose rights
have been violated.
 Significance of the ICCPR
1. Legal Codification of Civil and Political Rights:
o The ICCPR transforms civil and political rights into legally binding
obligations for state parties.
2. Foundation for Democracy and Rule of Law:
o It serves as a basis for democratic principles, protecting individual
freedoms and ensuring accountability.
3. Global Reach and Universality:
o Ratified by over 170 countries, it represents a near-universal
commitment to human rights.
4. Complementarity with ICESCR:
o The ICCPR, along with the International Covenant on Economic, Social,
and Cultural Rights (ICESCR), forms the cornerstone of the International Bill of
Human Rights.
Challenges in Implementation
• Non-compliance by States: Many countries fail to fully implement
ICCPR obligations due to political, economic, or cultural constraints.
• Reservations and Derogations: Some states enter reservations that
limit the scope of their commitments.
• Weak Enforcement Mechanisms: The Human Rights Committee lacks
binding enforcement powers, relying on state cooperation.
Conclusion
The ICCPR is a vital instrument for the protection and promotion of civil and
political rights worldwide. Its provisions enshrine fundamental freedoms that are
essential for human dignity, democracy, and the rule of law. However, effective
implementation and compliance remain crucial for the Covenant to realize its full
potential in safeguarding human rights globally.

Q.8. Write a note on the following kinds of Rights;

a) Right to Life and Security of Person

The Right to Life and Security of Person is a fundamental human right,
ensuring every individual’s inherent right to live with dignity and be free from harm
or threat to their personal security.
1. Definition and Scope:
 o Recognized under Article 6 of the International Covenant on Civil and
Political Rights (ICCPR) and Article 3 of the Universal Declaration of Human Rights
(UDHR).
o Encompasses protection from arbitrary deprivation of life, acts of
violence, torture, and inhumane treatment.
2. Key Aspects:
o Right to Life: Protects individuals from extrajudicial killings, death
penalties without fair trials, and other violations.
o Right to Security: Includes freedom from arbitrary arrest, detention,
and threats to physical integrity.
3. Applications and Limitations:
o Some limitations exist, such as permissible use of force by authorities
under strictly defined circumstances (e.g., self-defense or law enforcement).
o Non-derogable: It cannot be suspended, even in states of emergency.
4. Challenges:
o Widespread issues like police brutality, armed conflicts, and extrajudicial
killings continue to undermine this right.

b) Due Process of Law

The Right to Due Process of Law ensures that every individual receives fair
treatment under the legal system and protection against arbitrary actions by the
state.
1. Definition and Recognition:
o Rooted in Article 10 and Article 14 of the ICCPR and national
constitutions, such as the Fifth and Fourteenth Amendments of the U.S.
Constitution.
o Guarantees legal proceedings conducted fairly, impartially, and in
accordance with established rules and principles.
2. Key Elements:
o Notice: Individuals must be informed of the charges against them.
o Fair Hearing: The right to present a defense before an impartial
tribunal.
o Presumption of Innocence: The accused is considered innocent until
proven guilty.
 o Right to Appeal: The ability to challenge a decision through higher
judicial authorities.
3. Importance:
o Protects against arbitrary detention, wrongful convictions, and abuses
of power by the judiciary or law enforcement.
o Forms the foundation of the rule of law in democratic societies.
4. Challenges:
o Violations occur in the form of unfair trials, denial of legal
representation, and biased judicial systems, particularly in authoritarian regimes.

c) Right to a Clean Environment

The Right to a Clean Environment is an emerging human right, emphasizing
the necessity of a healthy and sustainable environment for the enjoyment of other
fundamental rights.
1. Definition and Basis:
o Recognized implicitly in Article 12 of the International Covenant on
Economic, Social, and Cultural Rights (ICESCR), which guarantees the right to
health.
o Recently acknowledged explicitly by the United Nations General
Assembly in 2022 as a standalone human right.
2. Components:
o Clean Air and Water: Access to uncontaminated resources is essential
for health and life.
o Sustainable Development: Balancing economic growth with
environmental preservation.
o Protection from Environmental Hazards: Safeguards against pollution,
deforestation, and climate change.
3. Importance:
o A clean environment is crucial for the realization of rights like life,
health, and well-being.
o It addresses issues of environmental justice, particularly for
marginalized communities disproportionately affected by environmental
degradation.
4. Challenges:
 o Industrial pollution, deforestation, climate change, and weak regulatory
frameworks hinder the realization of this right.
o Resistance from corporations and governments prioritizing economic
interests over environmental concerns.

Q.9 What is the position of women under the international human rights
law; is there any treaty that deals with the rights of women.

Introduction
Women’s rights are a crucial aspect of international human rights law,
emphasizing the promotion of gender equality and protection against
discrimination. While the Universal Declaration of Human Rights (UDHR) and other
general human rights treaties guarantee rights equally to all, women face unique
challenges that necessitate specific legal frameworks. International human rights
law recognizes this and incorporates both general and gender-specific provisions to
address these issues.
Position of Women: Key Provisions
1. Equality and Non-Discrimination:
o The principle of non-discrimination is enshrined in:
 UDHR (Article 1 & 2): "All human beings are born free and equal in
dignity and rights."
 International Covenant on Civil and Political Rights (ICCPR, Article 3)
and International Covenant on Economic, Social, and Cultural Rights (ICESCR, Article
3):
 Ensure equal rights for men and women in all civil, political, economic,
social, and cultural spheres.
2. Protection Against Gender-Based Violence:
o Violence against women, recognized as a human rights violation, is
addressed under:
 General Recommendation No. 19 and No. 35 of the CEDAW Committee.
 Regional instruments like the Inter-American Convention on the
Prevention, Punishment, and Eradication of Violence against Women (Belém do Pará
Convention).
3. Economic, Social, and Cultural Rights:
o The ICESCR emphasizes women's right to education, work, healthcare,
and an adequate standard of living, addressing barriers to socio-economic equality.
 4. Protection in Conflict Situations:
o The Geneva Conventions and UN Security Council Resolution 1325
(2000) on Women, Peace, and Security:
 Recognize the specific needs of women in conflict situations and call
for their protection and participation in peace processes.
CEDAW: The Treaty Exclusively for Women’s Rights
The Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) is the primary international treaty dedicated to addressing
women's rights. Often called the “International Bill of Rights for Women,” it was
adopted by the UN General Assembly in 1979 and entered into force in 1981.
Key Features of CEDAW
1. Comprehensive Definition of Discrimination:
o Defines discrimination as any distinction, exclusion, or restriction
based on sex that impairs women’s human rights in all areas of life (Article 1).
2. Substantive Equality:
o Calls for equality in political participation, education, employment,
healthcare, and family life.
3. Temporary Special Measures:
o Encourages affirmative action to accelerate gender equality (Article 4).
4. Elimination of Gender Stereotypes:
o Obligates states to combat prejudices and practices rooted in
traditional gender roles.
5. Protection of Rural Women:
o Recognizes the particular challenges faced by rural women and
ensures their access to resources and opportunities (Article 14).
6. CEDAW Committee:
o Monitors compliance through periodic state reports and issues General
Recommendations interpreting the treaty.
7. Optional Protocol (1999):
o Provides a mechanism for individuals to submit complaints about
violations of their rights under CEDAW.
Other Treaties and Frameworks Related to Women’s Rights
1. Beijing Declaration and Platform for Action (1995):
 o A non-binding framework aimed at achieving gender equality and
empowering women globally.
2. International Labour Organization (ILO) Conventions:
o Include provisions for equal pay (ILO Convention No. 100) and
maternity protection (ILO Convention No. 183).
3. Sustainable Development Goals (SDGs):
o Goal 5 focuses on achieving gender equality and empowering all
women and girls.
4. Regional Treaties:
o African Charter on Human and Peoples’ Rights on the Rights of Women
in Africa (Maputo Protocol).
o Istanbul Convention on preventing and combating violence against
women (Council of Europe).
Conclusion
International human rights law emphasizes equality, non-discrimination, and
the empowerment of women, recognizing their unique challenges. While the CEDAW
treaty specifically addresses women's rights, other frameworks and treaties
complement it to ensure holistic protection. Despite these legal mechanisms,
achieving true gender equality requires continued efforts to address cultural, social,
and economic barriers that perpetuate discrimination.

Q.10. Evaluate the nature, origin and development of human rights, how
they have been classified?

Introduction
Human rights are fundamental rights and freedoms that every individual is
entitled to, simply by virtue of being human. These rights are inherent, universal,
and inalienable, meaning that they cannot be taken away or denied. They
encompass a wide range of entitlements designed to ensure individuals' dignity,
freedom, and equality.
Nature of Human Rights
Human rights have certain essential characteristics:
1. Universality: They apply to all human beings, regardless of nationality,
ethnicity, religion, gender, or other distinctions.
2. Inalienability: They cannot be surrendered, transferred, or waived,
even with consent.
 3. Indivisibility: All human rights, whether civil, political, economic, social,
or cultural, are interconnected and essential to the well-being of individuals.
4. Equality and Non-discrimination: Every person is entitled to human
rights without discrimination based on any status.
5. Protection by Law: Human rights are typically enshrined in national
laws and international treaties and are protected through judicial processes.
Origin of Human Rights
The concept of human rights has deep historical roots, evolving over time:
1. Ancient and Religious Traditions:
o Many cultures have recognized principles of fairness, justice, and
human dignity, which influenced the development of human rights.
o Religious Codes: Religious texts like the Bible, Quran, and Talmud
contain principles of equality, respect for life, and treatment of others with dignity,
setting an early foundation for human rights.
2. Natural Law Tradition:
o Philosophers like John Locke, Jean-Jacques Rousseau, and Immanuel
Kant contributed significantly to the development of human rights through their
theories of natural law, advocating that certain rights are inherent to all human
beings by nature.
o Locke's theory, in particular, posited that individuals have the right to
"life, liberty, and property," which formed the philosophical foundation for modern
human rights.
3. Political and Legal Milestones:
o Magna Carta (1215): One of the earliest legal documents recognizing
certain individual rights and limiting the powers of the monarch.
o English Bill of Rights (1689): This document established certain civil
rights and liberties in England, influencing the development of human rights.
o French Declaration of the Rights of Man and Citizen (1789): Articulated
rights such as freedom, equality, and the right to participate in government, laying
the groundwork for the modern conception of human rights.
o U.S. Bill of Rights (1791): The first ten amendments to the U.S.
Constitution focused on individual freedoms and rights against governmental
infringement.
Development of Human Rights
Human rights have evolved through legal frameworks, social movements,
and political developments:
 1. Post-World War II Era:
o United Nations (UN) and UDHR: The atrocities of World War II led to the
global realization of the need for universal human rights protection. In 1948, the
Universal Declaration of Human Rights (UDHR) was adopted by the UN General
Assembly, marking the formal global acknowledgment of human rights as universal
entitlements.
o ICCPR and ICESCR (1966): The International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic, Social, and
Cultural Rights (ICESCR) were adopted to further institutionalize and guarantee civil,
political, and economic rights.
o Human Rights Council and Treaties: Over the years, the UN established
several human rights bodies, including the Human Rights Council and various
committees overseeing compliance with human rights treaties.
2. Recent Developments:
o The 21st century has seen a growing focus on environmental rights,
digital rights, and gender equality, with international conventions and treaties
expanding the scope of human rights.
o Human rights frameworks now cover areas like healthcare, education,
freedom from discrimination, and protection of refugees.
Classification of Human Rights
Human rights are commonly classified into two broad categories: civil and
political rights and economic, social, and cultural rights. However, the modern
understanding recognizes the indivisibility of these rights, with collective rights also
gaining attention.
1. Civil and Political Rights
These rights protect individuals’ freedom from interference by the
government and ensure participation in the civil and political life of the state.
• Right to Life (e.g., right to life, liberty, and security).
• Freedom of Speech (e.g., freedom of expression, right to assembly,
right to association).
• Right to a Fair Trial (e.g., right to due process, protection from torture
and cruel treatment).
• Political Participation (e.g., right to vote, run for office, and participate
in political processes).
2. Economic, Social, and Cultural Rights
These rights ensure individuals have access to the resources necessary for a
dignified life.
 • Right to Education (e.g., right to free and compulsory primary
education).
• Right to Health (e.g., right to healthcare, clean water, and sanitation).
• Right to Work (e.g., right to fair wages, safe working conditions, and
social security).
• Cultural Rights (e.g., right to freely participate in cultural life, language
rights, and preservation of cultural heritage).
3. Collective Rights
These rights apply to groups of individuals, including entire communities,
peoples, or nations.
• Right to Self-determination: The right of peoples to freely determine
their political status and pursue their economic, social, and cultural development.
• Environmental Rights: The right to live in a healthy environment,
recognized in recent global human rights discussions.
• Indigenous Rights: The rights of indigenous peoples to land, culture,
and self-governance.
Conclusion
The nature, origin, and development of human rights reflect a long journey
from basic principles of fairness to the complex and structured system of
international human rights law that exists today. While human rights classification
helps in organizing the wide scope of rights, it is crucial to recognize the
interconnectedness of these rights and the ongoing challenges in ensuring their
universal realization. As society evolves, so too will the understanding and scope of
human rights, addressing new issues such as climate change, technological
advances, and the rights of marginalized groups.