Regional Conventions on Human
Rights
European Convention on Human
Rights
Regional Conventions on Human Rights
• European Convention on Human Rights
• American Convention on Human Rights
European Convention on Human Rights
• The European Convention on Human Rights (ECHR)
protects the human rights of people in countries that
belong to the Council of Europe.
• Formed in 1949, the Council of Europe is completely
separate from the European Union and much larger, with
47 members compared to the EU’s 28. The UK became a
Council member 24 years before it joined the EU.
• Came into force on 3 September 1953
• European Court of Human Rights (ECtHR) was set up in
1959 and is based in Strasbourg, France.
The Convention secures:
• the right to life (Article 2)
• freedom from torture (Article 3)
• freedom from slavery (Article 4)
• the right to liberty (Article 5)
• the right to a fair trial (Article 6)
• the right not to be punished for something that wasn’t against the law at the time (Article 7)
• the right to respect for family and private life (Article 8)
• freedom of thought, conscience and religion (Article 9)
• freedom of expression (Article 10)
• freedom of assembly (Article 11)
• the right to marry and start a family (Article 12)
• the right not to be discriminated against in respect of these rights (Article 14)
• the right to protection of property (Protocol 1, Article 1)
• the right to education (Protocol 1, Article 2)
• the right to participate in free elections (Protocol 1, Article 3)
• the abolition of the death penalty (Protocol 13)
Regional Conventions on Human
Rights
American Convention on Human
Rights
• The American Convention on Human Rights,
also known as the Pact of San José, is
an international human rights instrument, was
on 22 November 1969. It came into force on
18 July 1978.
• The bodies responsible for overseeing
compliance with the Convention are the Inter-
American Commission on Human Rights and
the Inter-American Court of Human Rights
• Part I: State Obligations and Rights Protected
• Chapter II: Civil and Political Rights
• Article 4: Right to Life
• Article 5. Right to Humane Treatment
• Article 6. Freedom from Slavery
• Article 7. Right to Personal Liberty
• Article 12. Freedom of Conscience and Religion
• Article 13. Freedom of Thought and Expression
• Article 15. Right of Assembly
• Article 16. Freedom of Association
• Article 21. Right to Property
• Article 24. Right to Equal Protection
National Human
Rights Commission
National Human Rights Institutions (India)
• National Human Rights Commission
• National Commission for Women
• National Commission for Protection of
Child Rights
• National Commission for Minorities
• National Commission for Backward Classes
• National Commission for Scheduled Castes
• National Commission for Scheduled Tribes
• The National Human Rights Commission
(NHRC) of India is a Statutory public body
constituted on 12 October 1993 under the
Protection of Human Rights Ordinance of 28
September 1993.[1] It was given a statutory
basis by the Protection of Human Rights Act,
1993 (PHRA)
Chairman of NHRC Retired Chief Justice of India
Member 1 One who is/has been a Judge of Supreme Court of India
Member 2 One who is/has been a Chief Justice of a High Court
Two Members Candidates with the knowledge or practical experience in the
matters of Human Rights
Deemed Members Deemed members are chairpersons of the below national
(Ex-officio Members) commissions:
1. National Commission for Minorities
2. National Commission for Scheduled Castes
3. National Commission for Scheduled Tribes
4. National Commission for Women
Appointment
• They are appointed by the President on the
recommendations of a six-member committee
consisting of:
• Prime Minister (head)
• Speaker of the Lok Sabha
• Deputy Chairman of the Rajya Sabha
• Leaders of the Opposition in both the Houses of
Parliament
• Union Home Minister.
Functions & Powers of NHRC
The functions of the National Human Rights Commission (NHRC) are stated in
Section 12 of the Protection of Human Rights Act,1993
• Inquiry & Investigation into complaints
• intervening in any proceedings involving allegation of violation human rights
before courts,
• visiting jails and other detention centers,
• reviewing legislations from the human rights perspective,
• studying treaties and other international instruments on human rights,
• undertaking and promoting research in the field of human rights,
• spreading human rights awareness,
• encouraging efforts of Non-Governmental organizations working in the field
of human rights,
• undertaking such other functions as may be considered necessary for the
promotion of human rights.
Term and removal
• They hold office for a term of five years or until they
attain the age of 70 years, whichever is earlier.
• Section 5 of Protection of Human Rights Act, 1993
provides for resignation and removal of chairperson and
other members.
• Resignation -The chairperson or other members may in
writing submit his/her resignation to the President of
India.
• Removal- The President can remove them from the
office on the charges of proved misbehavior or
incapacity
National Commission for Women
• The National Commission for Women is a
statutory body established in January 1992
under the National Commission for Women
Act, 1990.
Mandate
• Section 10(1) of the Act of 1990 provides a fourteen-
point directive for the National Commission for
Women.
• The mandate of this body includes:
• To review the Constitutional and Legal safeguards for
women
• Recommend remedial legislative measures
• Facilitate redressal of grievances
• Advise the Government on all policy matters affecting
women
Composition
• Section 3 provides for the constitution of the commission.
• This section lays down that the commission will have one Chairperson,
who is committed to the cause of women, five members from
numerous fields and a member secretary who shall be an adept in the
fields of management, organizational structure, sociological movement
or a, member of the civil service of the Union. All the members of the
commission are nominated by the Central Government.
• The tenure for each person in office is for a period of five years or till he
attains the age of seventy. At least one member each of the
Commission must belong to a Scheduled Caste or Scheduled Tribe. In
addition to the aforementioned members of the Commission, the
Commission has the power to set up committees with members from
outside the Commission.
Functions
• Investigate and examine all matters relating to the safeguards provided for
women under the Constitution and other laws
• Present reports to central government on work done towards these
safeguards
• Make recommendations for effective implementation of such safeguards to
Union or state governments
• Review women related to legislations and bring out inadequacies and
shortcomings
• Take up cases of violation of law against women to appropriate authorities
• Look into complaints and take suo moto action over them.
• Work towards women’s rights
• Mitigating hardships of women and ensure welfare and relief
• Call for special studies or investigations into specific problems or situations
• Participate in planning process of socio-economic development of women
Powers of the Commission
• summoning and enforcing the attendance of any person from
any part of India and examining him on oath
• requiring the discovery and production of any document
• receiving evidence on affidavits
• requisitioning any public record from any court or office
• issuing summons for the examination of witnesses and
documents and
• any other matter which may be prescribed by the Central
Government.
• The Central Government should consult the Commission on
all major policy matters affecting women.
