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HR (Definition and Concept) HR (Declaration and Enforcement)

 Human rights are inherent, inalienable, and  HR are declared under various international
universal rights that belong to every individual instruments i.e. UDHR 1948
simply by virtue of being human  Enforcement mechanisms in India include:
 As per UN Definition: "Human rights are rights o Indian Constitution (especially Part III -
inherent to all human beings, regardless of race, Fundamental Rights)
sex, nationality, ethnicity, language, religion, or o Statutory bodies like NHRC
any other status o Judiciary through writ jurisdiction (Articles 32
 Human rights are rights inherent to all human and 226)
beings, whatever our nationality, place of residence,
sex, national or ethnic origin, color, religion, HR (Courts)
language, or any other status  Supreme Court (Article 32) and High Courts (Article
 We are all equally entitled to our human rights 226) act as protectors of human rights
without discrimination  Landmark cases:
 These rights are all interrelated, interdependent and o Maneka Gandhi v. Union of India (1978):
indivisible Expanded Article 21
 Universal human rights are often expressed and o Hussainara Khatoon v. State of Bihar
guaranteed by law, which lay down obligations of (1979): Right to speedy trial
Governments to act in certain ways or to refrain o Vishaka v. State of Rajasthan (1997): Laid
from certain acts, in order to promote and protect guidelines on sexual harassment
human rights and fundamental freedoms of
individuals or groups HR (Types)
 Civil Rights: Right to life, liberty, security, privacy,
HR (Nature) freedom of speech & expression, religion, freedom of
 Inherent: Human rights are not granted by any movement
authority; they are inherent to all human beings by  Political Rights: Right to vote, contest elections,
virtue of their humanity form political parties, participate in public affairs,
 Universal: They apply to all people, in every petition the government
country, without discrimination  Economic Rights: Right to work, fair wages, form
 Inalienable: They cannot be taken away, except in trade unions, social security, own property
specific situations  Social Rights: Right to education, health care,
 Indivisible and Interdependent: All rights i.e. shelter, food, social welfare
civil, political, economic, social, and cultural—are  Cultural Rights: Right to participate in cultural
equally important and interlinked life, speak one’s own language, practice one’s culture
 Fundamental: These rights form the foundation of and traditions, access cultural heritage
freedom, justice, and peace in the world  Environment Rights: Right to a healthy
 Dynamic: Human rights evolve with time, adapting environment, access clean water & air, sustainable
to changing societal values and conditions (e.g., right development
to a clean environment)  Development Rights: Right to development,
international cooperation for development
HR (Importance)  Group or Collective Rights: Rights of minorities,
 Protection of Human Dignity: Ensures every indigenous peoples, women & children, disabled
individual lives with dignity, free from torture, persons, self-determination
exploitation, or discrimination
HR (Article 21 for Right to Life)
 Foundation of Democracy: Human rights
promote democratic governance by ensuring  Article 21, ―No person shall be deprived of his life or
participation, accountability, and transparency personal liberty except according to procedure
established by law‖
 Rule of Law and Justice: Reinforces legal
safeguards and access to justice for all, including the  Broadly interpreted to include: Right to livelihood,
vulnerable privacy, clean environment, health & shelter
 Promotes Equality: Protects individuals from  Key Case Laws:
discrimination based on gender, caste, religion, or o Maneka Gandhi v. Union of India (1978)
race AIR 597 SC : Expanded the scope of ―procedure
established by law‖ to include fairness and
 Empowerment and Development: Ensures
reasonableness
right to education, health, and livelihood—vital for
o Francis Coralie Mullin v. Union Territory
socio-economic development
of Delhi (1981) 1 SCC 608 : Right to live with
 Peace and Stability: When respected, human
human dignity
rights help maintain peace and prevent conflicts, o Unni Krishnan v. State of Andhra Pradesh
war, and terrorism (1993) 1 SCC 645 : Right to education is implicit
 International Relations: Promotes international under Article 21
cooperation and accountability through instruments o K.S. Puttaswamy v. Union of India (2017)
like the UN, ICC, and regional human rights bodies 10 SCC 1 : Recognized the right to privacy as a
fundamental right
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HR (Universal and Inalienable) HR (Diff with Fundamental Rights)
 The principle of universality of human rights is the Basis Human Rights Fund. Rights
cornerstone of international human rights law Source International Enshrined in the
 This principle, as first emphasized in the Universal (UDHR, ICCPR, Constitution of
Declaration on Human Rights in 1948, has been etc.) India (Part III,
Articles 12–35)
reiterated in numerous international human rights
Enforceability Not directly Directly
conventions, declarations, and resolutions enforceable unless enforceable by
 The 1993 Vienna World Conference on Human recognized by courts under
Rights noted that it is the duty of States to promote domestic laws Articles 32 and
and protect all human rights and fundamental 226
freedoms, regardless of their political, economic and Universality Global applicability Applies to
culture - applicable to all Indian
human beings citizens/people
 Some fundamental human rights norms enjoy
across the globe and some rights
universal protection by customary international law to non-citizens
across all boundaries and civilizations within Indian
territory
HR (Historical Theory) Nature Moral and Legal rights that
 Originates from natural law philosophy and philosophical are enforceable
revolutions (Glorious, French, American) rights; can be legal in a court of law
when adopted into
 Documents like Magna Carta (1215), US Bill of
national law
Rights (1791), French Declaration (1789) are Scope Includes civil, Primarily civil
historical bases political, economic, and political
 Modern development: UDHR post World War II social, and cultural rights (some
rights socio-economic
HR (Historical Developments) rights via
 Magna Carta (1215) – First major document to DPSPs)
limit the powers of the sovereign Protection UN bodies like Supreme Court
Mechanism UNHRC, and High Courts
 Bill of Rights (1689) – Established certain civil International of India
and political rights in England Courts
 French Declaration of Rights of Man (1789) Examples Right to life, Right to
– Universal rights in revolutionary France freedom from equality,
 American Bill of Rights (1791) – First 10 torture, right to freedom of
amendments to the US Constitution education, right to speech,
food protection in
criminal trials,
HR (Grants) etc.
 Article 14 (Equality before law) Binding Not binding unless Binding and
 Article 19 (Freedom of speech, etc.) Nature adopted by guaranteed by
 Article 21 (Right to life) domestic law the Indian
Constitution
HR (Rights of Equality under Part-III) Legal UDHR (1948), Constitution of
Instruments ICCPR (1966), India, mainly
 Article 14 : Equality before law ICESCR (1966), etc. Articles 14 to 32
 Article 15 : No discrimination on grounds of Development Post-World War II Originated from
religion, race, caste, sex, place of birth international national
 Article 16 : Equality in public employment efforts constitutional
 Indra Sawhney v. Union of India (1992): OBC frameworks
reservation upheld
HR (Upholding by Judicial Activism, Social,
HR (Role of PIL) Cultural, Economic Aspects)
 Tool for enforcing human rights for voiceless  Judiciary expanded scope of Article 21 to include:
 Allowed relaxation of locus standi o Right to health : Paschim Banga Khet
 Cases: Mazdoor Samity v. State of W.B.
o Bandhua Mukti Morcha v. Union of India o Right to shelter : Chameli Singh v. State of
(1984): Bonded labour U.P.
o Sheela Barse v. State of Maharashtra o Right to clean environment : Subhash Kumar
(1983): Child prisoners’ rights v. State of Bihar

HR (Why 10th December 10 as HR Day) HR (Jurisprudence under Constitution with

case laws)
 To commemorate the adoption of UDHR by the UN
General Assembly in 1948  Maneka Gandhi v. Union of India (1978): Due
process in Article 21
 Celebrated globally to promote awareness of human
rights  Olga Tellis v. Bombay Municipal Corp.
(1985): Right to livelihood
 Puttaswamy v. Union of India (2017): Right to
privacy under Article 21
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National Human Rights Commission (NHRC) Universal Declaration of Human Rights 1948
 The National Human Rights Commission (NHRC) is (UDHR)
a statutory and independent public body constituted  The Universal Declaration of Human Rights
under the Protection of Human Rights Act, 1993 (UDHR) is a landmark international document
 It is responsible for the protection and promotion of adopted by the United Nations General Assembly
human rights in India, including the rights to life, (UNGA) on 10th December 1948
liberty, equality, and dignity guaranteed by the  It outlines fundamental human rights to be
Constitution and international human rights universally protected and serves as the foundation of
instruments international human rights law

NHRC (Constitution Process) UDHR Preamble (Essence)

 Appointed by the President of India on the  Preamble of the UDHR sets out the philosophical
recommendation of a six-member committee and moral basis for the declaration, which
comprising: emphasizes:
o Prime Minister (Chairperson) o Recognition of inherent dignity and equal and
o Speaker of the Lok Sabha inalienable rights
o Union Home Minister o Foundation of freedom, justice, and peace in the
o Leader of Opposition in Lok Sabha world
o Leader of Opposition in Rajya Sabha o Condemnation of tyranny and oppression
o Deputy Chairman of the Rajya Sabha o Promotion of friendly relations among nations
Team : 3 years or till the age of 70 years, whichever
is earlier (amended by the 2019 Act) UDHR (Significance)
 First international affirmation of the inherent
NHRC (Powers) dignity and equality of all human beings. Laid the
 Summoning and examining witnesses foundation for many binding treaties like:
 Receiving evidence on affidavits o ICCPR (1966)
 Requisitioning public records or copies o ICESCR (1966)
 Issuing commissions for examination of documents o CEDAW, CRC, and others
 Conducting on-the-spot inquiries and investigations
 Visiting jails and detention centers UDHR (Rights of Men and Women - Equality)
 Article 1: Declares all humans are equal in dignity
NHRC (Functions) and rights
 Inquire into complaints of human rights violations  Article 2: Guarantees all rights without distinction of
 Visit jails/detention centers to study conditions any kind, including sex
 Review safeguards provided in the Constitution  Article 16(1): Men and women have equal rights in
marriage, during marriage, and at its dissolution
 Recommend effective implementation of
international human rights treaties  Article 23(2): Everyone, without discrimination, has
the right to equal pay for equal work
 Undertake and promote research and human rights
awareness campaigns
UDHR (Provisions)
 Encourage NGOs and institutions working in the
The UDHR consists of a Preamble and 30 Articles
field of human rights
 Civil and Political Rights
o Article 1: All human beings are born free and
NHRC (Objectives)
equal in dignity and rights
 Protection and promotion of human rights in India
o Article 2: Freedom from discrimination
 Ensuring accountability of public servants for o Article 3: Right to life, liberty, and security
human rights violations o Article 5: No one shall be subjected to torture or
 Advocating for legal and policy reforms to enhance cruel treatment
human rights standards o Article 6-11: Legal rights like recognition before
 Raising awareness and education about human law, fair trial, presumption of innocence, etc.
rights o Article 12: Right to privacy and family life
 Strengthening democracy and rule of law through o Article 13-15: Freedom of movement, asylum, &
just practices nationality
 Preventing violations by monitoring custodial  Economic, Social, and Cultural Rights
institutions, armed conflict zones, etc. o Article 17: Right to own property
o Article 18-20: Freedom of thought, religion,
NHRC (Limitations) expression, assembly
 Recommendations are not binding o Article 22: Right to social security
 Limited jurisdiction over the armed forces o Article 23-24: Right to work, equal pay, rest, and
 Cannot investigate matters pending before a court leisure
 Understaffing and delays in inquiry reports and o Article 25: Right to a standard of living adequate
recommendations for health and well-being
o Article 26: Right to education
o Article 27: Right to participate in cultural life
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National Commission for Women (NCW) Collective Rights (Brief / Concept)
 NCW is a statutory body constituted in 1992 under  These are held by a group rather than by its
the National Commission for Women Act, 1990 individual members which are recognized to protect
 It was established to represent the rights of women the identity, interests, & well-being of communities
in India and provide a platform for redressal of their or groups that may be vulnerable, marginalized
grievances  These rights emphasize the group's collective
interest rather than the autonomy of the individual,
NCW (Constitution Process) distinguishing them from traditional individual
 Under Section 3 of the NCW Act, 1990, the rights
Commission consists of:  These are increasingly acknowledged in
o Chairperson: Nominated by the Central international law, especially in the context of
Government indigenous peoples, minorities, and developing
o Five Members: Appointed by the Central communities
Government from amongst persons with  They are linked with self-determination, socio-
experience in law, administration, women’s rights, economic development, cultural preservation, and
etc environmental protection
o Member Secretary: Appointed by the Central
Government who is either an expert in the field of Collective Rights (Types)
management or an officer from civil services  Right to Self-Determination: Allows peoples to
freely determine their political status and pursue
NCW (Functions U/s 10 of the Act) their economic, social, and cultural development
 Examine all matters relating to safeguards provided  Right to Development: Recognizes the right of
for women peoples to participate in, contribute to, and enjoy
 Present reports and recommendations to Central economic, social, cultural, and political development
Govt. on the working of those safeguards  Cultural Rights: Includes the right of communities
 Review existing laws and suggest amendments to preserve their language, traditions, religious
 Take up cases of violation of women's rights practices, and way of life
 Look into complaints  Environmental and Resource Rights:
 Conduct studies & research on issues Recognizes a community’s right to access and
 Promote awareness & educational programs control natural resources traditionally owned or
used
NCW (Powers)  Minority Rights: Ensures protection of ethnic,
 Summoning and enforcing attendance of witnesses religious, and linguistic minorities
 Requiring the discovery & production of documents  Collective Intellectual Property Rights: Aims
 Receiving evidence on affidavits to protect traditional knowledge, folklore, and
 Requisitioning any public record from courts/office biodiversity-related knowledge held by communities
 Issuing commissions for the examination of
witnesses & documents Collective Rights (Importance)
 Protection of Group Identity: These safeguard
NCW (Importance) the cultural, linguistic, & religious identities of
 Played a pivotal role in bringing attention to marginalized or indigenous groups
women’s issues like sexual harassment at workplace  Empowerment of Vulnerable Communities:
(Vishaka case), trafficking, and acid attacks These empower communities such as tribals,
 Helps in legal literacy campaigns, women’s minorities, and indigenous peoples to assert control
empowerment schemes, and policy advocacy over their lives, land, and resources
 Promotion of Social Justice and Equality: In
NCW (Limitations) societies marked by historical inequality, these help
 Commission can recommend, but cannot enforce its correct imbalances by recognizing group-based
decisions injustices
 No punitive powers to penalize offenders  Protection of Natural Resources and
Environment: These are tied to sustainable land
 Implementation depends largely on executive
use and environmental protection
response
 Reinforcement of the Right to Development:
NCW (Objective / Purpose) These underpin the idea that development must be
inclusive and people-centered
 To review laws and suggest changes to eliminate
discrimination against women  Strengthening Democracy and Pluralism:
These promote multiculturalism and democratic
 To ensure women’s safety and equality in all spheres
participation
legal, social, economic, and political
 Support from International Legal
 To act as a watchdog for women's rights and
Instruments: These have gained recognition under
intervene in cases of violations
various international frameworks
 To advise the government on policies and legislation
 Legal Recognition of Collective Harm: Many
affecting women
forms of harm such as displacement, genocide
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American Convention on HR 1969 (ACHR) European Convention on HR 1950 (ECHR)
 It is also known as the Pact of San José, Costa Rica,  It is also known as ―Convention for the Protection of
is a regional human rights treaty adopted within the Human Rights and Fundamental Freedoms‖
framework of the Organization of American States  It was adopted on 4th November 1950 by the Council
(OAS) of Europe, which came into force on 3rd September
 It aims to protect and promote civil and political 1953 with a purpose to protect civil and political
rights of individuals and establish mechanisms for rights of individuals in Europe
their enforcement in the Americas  is an international treaty that protects fundamental
 It was adopted on 22nd November 1969 and entered rights and freedoms in European countries
into force on 18th July 1978  It establishes a legal framework for the protection of
 It was adopted by Members of the OAS with a human rights and ensures that states respect the
purpose to consolidate a regional system for the rights and freedoms outlined in the convention
promotion and protection of human rights in the  It is one of the most effective and influential regional
Americas human rights instruments in the world
 Main feature is to establishes a framework for civil,  It protects fundamental civil and political rights, and
political, and some economic right, which provides its enforcement through the European Court of
for individual petition system and inter-State Human Rights ensures real legal remedies for
complaints individuals

ACHR (Civil and Political Rights) ECHR (Key Rights)

 Right to Juridical Personality (Art. 3)  Article 2: Right to Life
 Right to Life (Art. 4) – includes limitations on the  Article 3: Prohibition of Torture
death penalty  Article 4: Prohibition of slavery and forced labour
 Right to Humane Treatment (Art. 5) – prohibition of  Article 5: Right to Liberty and Security, Right to
torture and cruel punishment personal freedom
 Right to Personal Liberty (Art. 7)  Article 6: Right to a Fair Trial, Right to a fair and
 Right to a Fair Trial (Art. 8) public hearing within a reasonable time
 Right to Privacy (Art. 11)  Article 7: No Punishment without Law
 Freedom of Conscience and Religion (Art. 12)  Article 8: Right to Respect for Private and Family
 Freedom of Thought and Expression (Art. 13) Life
 Right of Assembly (Art. 15)  Article 9: Freedom of Thought, Conscience, and
 Freedom of Association (Art. 16) Religion
 Rights of the Family (Art. 17)  Article 10: Freedom of Expression
 Right to a Name (Art. 18)  Article 11: Freedom of Assembly and Association
 Rights of the Child (Art. 19)  Article 12: Right to Marry
 Right to Participate in Government (Art. 23)  Article 13: Right to an Effective Remedy
 Right to Judicial Protection (Art. 25)  Article 14: Prohibition of Discrimination

ACHR (Various Other Rights) ECHR (Importance)

 Duties of the State Parties (Art. 1)  Legally Binding Protection of Human Rights
 Prohibition of Discrimination (Art. 1(1))  Individual Access to Justice
 Derogation Clause (Art. 27)  Uniform Human Rights Standards in Europe
 Right to Compensation (Art. 10)  Development of Human Rights Jurisprudence
 International Oversight  Protection Against State Abuse
 Promotion of Democracy and Rule of Law
ACHR (Significance)  Evolution with Social Needs
 A landmark regional human rights treaty that has  Global Influence
shaped jurisprudence in Latin America
 The Inter-American Court has delivered several ECHR (Addl. Protocols - Extended Rights)
progressive judgments on issues like amnesty laws,  Protocol 1:
forced disappearances, indigenous rights, and o Right to property
gender-based violence o Right to education
 It serves as a model for regional human rights o Right to free elections
mechanisms  Protocol 6 & 13:
o Abolition of the death penalty

ECHR (Enforcement Mechanism)

 European Court of Human Rights ensures
compliance
 Individuals can file complaints against member
states for violations
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International Covenant on Economic, Social, International Covenant on Civil and Political
and Cultural Rights 1966 (ICESCR) Rights, 1966 (ICCPR)
 ICESCR was adopted on 16th December 1966 and  ICCPR is a key international human rights treaty
came into force on 3rd January 1976 by UN adopted by the United Nations General Assembly in
Committee on Economic, Social and Cultural Rights 1966
 It is a multilateral treaty that commits States to  It outlines the civil and political rights of individuals,
protect and promote the economic, social, and obligating parties to respect these rights, including
cultural rights of individuals freedom of religion, assembly, and expression, as
 It is part of the International Bill of Human Rights, well as due process and fair trial rights
alongside the Universal Declaration of Human
Rights and the International Covenant on Civil and ICCPR (Importance)
Political Rights  Part of the International Bill of Human Rights
 Binding Legal Instrument
ICESCR (Salient Features)  Universal Applicability
 Focus on Economic, Social, and Cultural  Influence on National Constitutions
Rights (ESC Rights): Complements the ICCPR,  Mechanism for Redressal
which focuses on civil and political rights
 Progressive Realization: States must take steps ICCPR (Objectives)
progressively, using maximum available resources,  To promote respect for civil and political rights
to achieve the full realization of the rights globally
 Non-Discrimination: Rights must be ensured  To ensure the protection of individual dignity and
without discrimination (Article 2(2)) liberty
 No Derogation Clause: Unlike the ICCPR, no  To provide international legal standards for:
provision for derogation during emergencies. States o Right to life
must continue striving toward the rights even during o Freedom from torture and slavery
crises o Right to a fair trial
 Monitoring Body: Supervised by the Committee o Freedom of thought, conscience, and religion
on Economic, Social and Cultural Rights o Freedom of expression and assembly
 International Cooperation: Recognizes the role o Right to privacy
of international assistance and cooperation in o Political rights (e.g., right to vote)
achieving these rights  To combat arbitrary arrest and detention
 To ensure equality before the law and prohibition of
ICESCR (Core Rights) discrimination
 Right to Work (Article 6)
 Right to Just and Favorable Conditions of Work ICCPR (Method of Implementation)
(Article 7)  State Party Obligations: States that ratify the
 Right to Form Trade Unions and Join Them (Article ICCPR are required to respect and ensure rights to
8) all individuals within their territory and jurisdiction
 Right to Social Security (Article 9) (Article 2). Submit periodic reports to the Human
 Protection of the Family, Maternity, and Children Rights Committee on measures taken
(Article 10)  Human Rights Committee (HRC): A body of 18
 Right to an Adequate Standard of Living (Article 11) independent experts that monitors the
 Right to the Highest Attainable Standard of Physical implementation of the ICCPR. Reviews State reports
and Mental Health (Article 12) and can issue observations and recommendations
 Right to Education (Articles 13–14)  First Optional Protocol (1966): Allows
 Right to Participate in Cultural Life, Enjoy Benefits individuals to bring complaints before the Human
of Scientific Progress (Article 15) Rights Committee after exhausting national
remedies
ICESCR (Nature)  Second Optional Protocol (1989): Aims at the
 Positive Rights: Require active intervention by state abolition of the death penalty
 Programmatic and Progressive: Realization depends  Incorporation in Domestic Law: Many
on available resources and policy planning countries incorporate ICCPR provisions into their
 Collective and Individual: Many rights benefit both legal systems, through constitutional or legislative
individuals and communities means
 Non-Justiciable in Some Jurisdictions: Often not  Monitoring and Reporting: States are required
directly enforceable by courts to submit initial and periodic reports detailing how
rights are being implemented. Civil society and
ICESCR (Relevance) NGOs can also submit shadow reports to the HRC
 Addresses Basic Human Needs  Follow-Up Mechanisms: The Committee follows
 Foundation for Social Justice and Development up with states on its recommendations and may
request additional reports or clarification
 Universal and Inclusive
 Basis for Welfare and Rights-Based Governance
 Supports Sustainable Development Goals
 7 7
United Nations Convention (UN) United Nation Charter
 United Nations Convention is a legally binding  United Nations Charter is the foundational treaty of
international treaty adopted by the UN General the United Nations, signed on 26th June 1945 in San
Assembly or under UN auspices Francisco which came into force on 24th October
 It defines international standards, sets legal 1945
obligations, and is ratified by member states  It is a multilateral treaty that sets out the purposes,
principles, structure, and functioning of the UN
UN (Purpose)
 To standardize and promote international norms United Nation Charter (Objectives)
across human rights, environment, disarmament  Maintain international peace and security
 To ensure protection and dignity of vulnerable and  Promote friendly relations among nations based on
marginalized groups equal rights and self-determination
 To oblige member states to adopt national legislation  Achieve international cooperation in solving global
aligned with international standards issues (economic, social, cultural, humanitarian)
 Promote and encourage respect for human rights
UN (Role) and fundamental freedoms
 Define rights and duties of individuals and states
 Create monitoring bodies to supervise compliance United Nation Charter (Importance)
 Enable international cooperation  Provides a framework for international law
 Provide legal and moral pressure on governments to  Establishes sovereign equality of all nations
implement reforms  Binds members to peaceful dispute resolution
 Basis for UN interventions, peacekeeping &
UN Convention on Right of Children 1989 sanctions
(UNCRC)  Lays the groundwork for promoting human rights,
 Purpose: To protect children’s civil, political, development, and cooperation
economic, social, and cultural rights
 Key Rights: Right to life, survival and development, United Nation Charter (Types / Principal
Right to education, Protection from abuse, Organs)
exploitation, and trafficking, Right to family and  General Assembly: Deliberative body; equal vote
identity, Right to be heard in matters affecting them to all members
 India ratified the UNCRC in 1992  Security Council: Responsible for international
peace and security
United Nation High Commission (UNHC)  Economic and Social Council (ECOSOC):
 United Nations High Commissioner for Human Coordinates economic, social, and related work
Rights is a principal human rights official of the  International Court of Justice (ICJ): Principal
United Nations judicial organ; settles legal disputes
 The office (OHCHR) was established in 1993 by the  Trusteeship Council: Supervised trust territories
UN General Assembly through Resolution 48/141 (now inactive since 1994)
 UNHC promotes and protects the full enjoyment of  Secretariat: Administrative arm; headed by the
all human rights i.e. civil, political, economic, social, Secretary-General
and cultural by all people
 UNHC prevents human rights violations and UNHC (Role of High Commissioner)
respond to them when they occur  Acts as the spokesperson for human rights globally
 Provides annual and thematic reports to the UN
UNHC (Importance) Human Rights Council and the General Assembly
 Monitoring and Reporting: It monitors human  Engages in dialogue with governments to improve
rights situations around the world and issues reports national human rights practices
and alerts on violations  Intervenes diplomatically in cases of serious or
 Advocacy and Awareness: Promotes awareness large-scale human rights abuses
and universal respect for human rights  Coordinates with other UN bodies, NGOs, and
 Capacity Building: Provides training and support international agencies on human rights issues
to national governments, civil society, and  Recent High Commissioners:
institutions to strengthen human rights frameworks o Mary Robinson (1997–2002)
 Standard Setting: Participates in the formulation o Navi Pillay (2008–2014)
of international human rights norms and treaties o Michelle Bachelet (2018–2022)
 Technical Assistance: Helps countries develop o Volker Türk (Appointed in 2022 – present as of
human rights laws, judicial systems, and institutions 2025)
(like National Human Rights Commissions)
 8 8
Human Rights Committee International Protection of Human Rights
 Human Rights Committee is a treaty-based body (IPHR)
established under Article 28 of the International  These refer to the mechanisms, institutions, treaties,
Covenant on Civil and Political Rights (ICCPR) and norms developed under international law to
 It is a monitoring body responsible for overseeing promote and safeguard the inherent dignity and
the implementation of the rights enshrined in the rights of all human beings, regardless of nationality,
ICCPR by its State parties race, gender, or other status
 Human Rights Committee plays a crucial role in Key Milestones
upholding civil and political rights globally  United Nations Charter (1945): First
 Although it does not have coercive powers, its international treaty to affirm the promotion of
authoritative interpretations, reviews, and follow- human rights as a global obligation (Preamble and
ups make it a powerful soft-law mechanism Articles 1, 55)
influencing both international law and domestic  Universal Declaration of Human Rights: First
practices of State parties comprehensive international declaration of
fundamental human rights and freedoms
Human Rights Committee (Constitute Process)  Regional Mechanisms:
 The Committee consists of 18 independent experts of o European Convention on Human Rights
high moral standing and recognized competence in o American Convention on Human Rights
human rights o African Charter on Human and Peoples’ Rights
 Members are elected by the State Parties to the  International Covenants (1966):
ICCPR through a secret ballot o ICCPR (Civil and Political Rights)
 Elections are held at meetings convened by the UN o ICESCR (Economic, Social, and Cultural Rights)
Secretary General Together with UDHR, form the International Bill
 Members serve in their personal capacity of Human Rights
 Term: 4 years, with the possibility of re-election  UN Bodies:
o Human Rights Committee
Human Rights Committee (Functions) o Special Rapporteurs
 Review of State Reports: State parties must o Office of the High Commissioner for Human
submit periodic reports (initial and periodic) on Rights (OHCHR)
measures taken to implement ICCPR rights. The
Committee examines these reports and issues IPHR (Equal Rights for Men and Women)
Concluding Observations The principle of gender equality is a core tenet of
 General Comments: The Committee publishes international human rights law and is reflected in
authoritative General Comments interpreting several key instruments:
specific rights under the Covenant  Charter of the United Nations (1945):
 Individual Complaints: Under the First Optional Preamble and Article 1(3) commit to promoting
Protocol to the ICCPR, individuals can submit human rights without distinction including sex
complaints alleging violations of their rights by a  Universal Declaration of Human Rights
State party. Only admissible if domestic remedies (UDHR), 1948:
have been exhausted o Article 1: ―All human beings are born free and
 Inter-State Complaints: One State party can equal in dignity and rights‖
bring a complaint against another, although this is o Article 2: Rights apply to everyone without
rarely used distinction of sex
 Follow-Up Mechanism: The Committee monitors  ICCPR and ICESCR (1966):
the implementation of its recommendations through o Both covenants recognize equal rights of men and
follow-up procedures women to enjoy civil, political, economic, social,
and cultural rights
Human Rights Committee (Procedure) o Common Article 3: Equal enjoyment of all rights
by men and women
 State Reporting Procedure: Submission of
o ICCPR Article 26: Guarantees equality before the
reports by States. Consideration in public sessions.
law and protection against discrimination
Dialogue between the Committee and the State
representatives. Issuance of Concluding  Convention on the Elimination of All Forms
Observations of Discrimination Against Women (CEDAW),
1979:
 Individual Complaints Procedure: Registration
o A specialized treaty to eliminate discrimination
of complaint. Determination of admissibility. Merits
and ensure de jure and de facto equality for
consideration and issuance of views. States are
women in all spheres: political, social, economic,
expected to comply, though decisions are not legally
and cultural
binding
 Sustainable Development Goals (SDG 5):
 General Comments: The Committee drafts and
o Committed to achieve gender equality and
publishes legal interpretations of specific ICCPR
empower all women and girls globally
provisions to guide States.
 9 9
Economical and Social Council (ECOSOC) Fair Trial
 It is one of six principal organs of United Nations,  The right to a fair trial is a fundamental human right
which is responsible for coordinating economic, that ensures justice and equality before the law
social & related work of UN  It is recognized and protected in national
 Was established by UN Charter (1945) under constitutions, international human rights
Chapter X (Articles 61–72) & having headquarters at instruments, and judicial decisions
New York, US  Essential Elements: Equality Before the Law,
 It consists by 54 member states, elected by General Presumption of Innocence, Independent & Impartial
Assembly for 3 year terms, where each member has Judiciary, Right to Legal Representation, Public
one vote & decisions are made by a simple majority Hearing, Timely Trial, Right to be Informed, Right to
 Functions & Powers: Coordination, Research and Silence and Protection Against Self-Incrimination,
Reports, Policy Recommendations, Human Rights Right to Appeal
Promotion, International Conferences, Engagement Case Laws:
with NGOs  Hussainara Khatoon v. State of Bihar (1979)
 Structure: Functional Commissions, Regional  Zahira Habibullah Sheikh v. State of Gujarat
Commissions, Specialized Agencies (2004)

Netto's Case Natural Rights

 State of Madras v. G. G. Netto, AIR 1954 SC 402  These are those rights that are inherent to all human
 This is significant in Indian Constitutional Law and beings by virtue of being human. They are universal,
relates to service jurisprudence under Article 311 of inalienable, and eternal, not dependent on laws or
Constitution, which deals with dismissal, removal or governments
reduction in rank of persons employed in civil  Types: Right to Life, Liberty, Property, Equality,
capacities under the Union or a State Happiness
 Facts: G.G. Netto, a govt. servant, was dismissed
from service without being given a proper show- Legal Rights
cause notice or a reasonable opportunity of being  These are rights that are recognized and enforced by
heard. He challenged the dismissal, claiming it the law, created by the state and can be claimed and
violated Article 311(2) of the Constitution protected through legal procedures
 Judgment: SC held that principle of natural justice  These are state-backed rights that protect individual
is embedded in Article 311(2). Dismissing a govt. and collective interests. They differ from natural
servant without giving them a reasonable rights as they exist only within a legal system and
opportunity to be heard is unconstitutional can be modified or taken away by law
 Types: Civil Rights, Political Rights, Economic
Magna Carta Rights
 Magna Carta (1215) is one of the earliest human
rights documents in history National Commission for SC, ST (NCST)
 Though originally intended to resolve a political  NCST are constitutional bodies established to
dispute between King John of England and his protect and promote the rights of SCs and STs in
barons, it evolved into a symbol of liberty, justice, India
and the rule of law  Originally, a single commission was constituted
 Its legacy has deeply influenced modern human under Article 338. In 2003, it was bifurcated into:
rights instruments #NCSC: Under Article 338
 Key Human Rights Principles in Magna #NCST: Under Article 338-A (inserted by the 89th
Carta: Rule of Law, Right to a Fair Trial, Access to Constitutional Amendment Act, 2003)
Justice, Protection from Arbitrary Detention  Functions: Investigate and monitor safeguards for
SCs. Inquire into specific complaints of deprivation
Fundamental Pillars of rights. Advise on planning process for SC
 Sovereignty of the People (Popular Sovereignty), development. Submit reports to the President on
Rule of Law, Separation of Powers, Fundamental working of safeguards. Recommend measures for
Rights and Freedoms (Freedom of speech, Freedom protection, welfare & socio-economic development
of religion, Right to equality, Right to constitutional  Composition: Chairperson, Vice-Chairperson,
remedies) other Members, appointed by President of India
 Powers: Summon and enforce attendance, Require
International Labour Organization (ILO) document production, Receive evidence on
 A specialized agency of United Nations focused on affidavits), Can investigate suo motu or on
labour issues which promotes social justice, human complaints
and labour rights
 It was established in 1919 and is a part of treaty of
Versailles after World War I
 Objectives: Promote rights at work, Encourage
decent employment opportunities, Enhance social
protection, Strengthen dialogue on work-related
issues
 10
Judicial Activism
 Judicial Activism is when courts actively interpret
the law and the Constitution to:
o Fill legislative gaps
o Protect constitutional rights
o Ensure accountability of other branches of
government
 It is often contrasted with Judicial Restraint, where
judges avoid making broad policy decisions and
defer to the legislature
 It refers to proactive role played by judiciary in
interpreting and enforcing the Constitution and laws
to protect citizens' rights, promote justice, and
address social or political issues, often stepping into
domains typically reserved for the legislature or
executive
 It involves judges making decisions based on
personal views of justice or public interest, rather
than strictly adhering to precedents
 Landmark Examples:
o Kesavananda Bharati v. State of Kerala (1973)
o Vishaka v. State of Rajasthan (1997)
o MC Mehta Cases
o People’s Union for Democratic Rights v. Union of
India
o Brown v. Board of Education (1954)
o Obergefell v. Hodges (2015)
 Merits of Judicial Activism:
o Protects fundamental rights
o Strengthens rule of law
o Promotes social justice
o Fills legislative and executive gaps
o Ensures good governance and accountability
 Overall, Judicial Activism is a powerful tool for
protecting democracy, fundamental rights, and
social justice, especially when other branches fail to
act