HUMAN RIGHTS

 Introduction-
Human rights are those fundamental and inalienable rights which are essential for life as human
being. Those rights which are possessed by every human being, irrespective of his or her nationality,
race, religion, sex, etc. Human rights and fundamental freedoms allow us to fully develop and use
our human qualities, our intelligence, our talents, and our conscience and to satisfy our physical,
spiritual and other needs "Human rights are sometimes called fundamental rights or basic rights or
natural rights. As fundamental or basic rights they are the rights which cannot, be taken away by any
legislature or any Act of the government and which are often set out in a constitution. As natural
rights they are seen as belonging to men and women by their very nature.
Date: Adopted by the UN General Assembly (UNGA) on December 10, 1948 at the Palais de
Chaillot, Paris. The drafting commission was chaired by Eleanor Roosevelt (USA). Other key
contributors included René Cassin (France) and John Peters Humphrey (Canada).
Legal Status: It is a Declaration, not a treaty. Therefore, it is technically non-binding and not
directly enforceable. It serves as a "standard of achievement".
The Cold War Divide: Classification of Rights-
During drafting, a conflict arose between the Western Bloc (USA/UK) and the Socialist Bloc (USSR).
USSR Stand: Argued that Western "Civil and Political" rights were propaganda. They prioritized
"food, health, clothes, and housing" (Economic rights).
Result: This led to a split in human rights, often categorized by "Generations":
1. 1st Generation (Civil & Political): "Negative rights" (State must refrain from interfering).
Considered natural, mandatory, and immediate (e.g., Right to Life).
2. 2nd Generation (Economic, Social, Cultural): "Positive rights" (State must act to provide).
Based on socialist ideals.

 The Universal Declaration of Human Rights (UDHR), 1948

The Universal Declaration of Human Rights was adopted by the General Assembly by a vote of 48 to
nil with eight abstentions. The Declaration was historic event and one of the greatest achievements of
the United Nations. The Declaration "...is the mine from which other conventions as well as
national constitutions protecting these rights have been and are being quarried". The Declaration
on Human Rights was prepared by the Commission on Human Rights in 1947 and 1948 and was
adopted by the General Assembly on December 10, 1948. When the Universal Declaration of Human
Rights was adopted, it was a most eloquent expression of hope by a world emerging from the most
devastating war in the history of human race. On December 10, 1998, 50th anniversary of Universal
Declaration of Human Rights was celebrated all over the world.
 Scheme of the Enumeration of the Rights and the Rights Enumerated in the
Declaration- The Universal Declaration consists of a Preamble and Articles 30 covering
both civil and political rights and economic, social and cultural rights: The Preamble refers to
 the "faith in fundamental human rights in the dignity and worth of the human person and the
equal rights of men and women”. Through the Preamble, the Declaration of Human Rights
"as a common standard of achievement for all peoples and all nations to the end that every
individual and every organ of the society, keeping this declaration constantly in mind, shall
strive by teaching and education to promote respect for these rights and freedoms and by
progressive measures, national and international to secure their universal and effective
recognition and observance, both among the peoples of Member States themselves and
among the peoples of territories under their jurisdiction". Declaration is neither addressed to
nations nor to Member States but to every individual. The rights proclaimed in the Universal
Declaration of Human Rights may be classified into following four categories-
(i) General (Articles 1 and 2)
(ii) Civil and Political (Articles 3 to 21)
(iii) Economic, Social and Cultural Rights (Articles 22 to 27) and
(iv) Concluding (Articles 28 to 30)

(i) General- Article 1 of the Universal Declaration provide that all human beings are born free and
equal in dignity and rights. They are endowed with reason and conscience and should act towards
one another in a spirit of brotherhood.
According to Article 2, everyone is entitled to all the rights and freedoms, set forth in this
Declaration, without distinction of any kind, such as, race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international
status of the country or territory to which a person belongs.
Universal Declaration is neither addressed to nations nor Member States of the U.N. but to every
individual. This is evident from Articles 1 and 2. Article 29 also deserves mention in this respect.

(ii) Civil and Political Rights. The civil and political rights enumerated under the Declaration include
the following:
Art. 3: Right to life, liberty and security of person.
Art. 4: Prohibition of slavery and slavery trade.
Art. 5: Prohibition of torture, cruel, inhuman or degrading treatment or punishment.
Art. 6: Right to be recognized as a person before law.
Art. 7: Equality before the law and equal protection of law against any discrimination in
violation of the Declaration.
Art. 8: Right to effective remedy by the competent national tribunals.
 Art. 9: Prohibition of arbitrary arrest, detention or exile.
Art. 10: Right to a full equality to a fair and public hearing by an independent and impartial
tribunal.
Art. 11: Right to be presumed innocent until proved guilty according to law in public trial;
freedom from ex-post facto laws.
Art. 12: Freedom from arbitrary interference with privacy, family, home, correspondence or
attack on honour or reputation and right to protection by law against such interference.
Art. 13: Right to freedom of movement and residence within the borders of State; right to leave
any country, including his own, and to return to his country.
Art. 14: Right to seek and enjoy in other countries asylum from prosecution in respect of
political crimes.
Art. 15: Right to nationality; freedom from arbitrary deprival of nationality and right to
change nationality.
Art. 16: Right to marry and to found a family and equal rights as to marriage, during marriage
and at its dissolution.
Art. 17: Right to own property and freedom from arbitrary deprival of property.
Art. 18: Right to freedom of thought, conscience and religion.
Art. 19: Right to freedom of opinion and expression.
Art. 20: Right to freedom of peaceful assembly and association.
Art. 21: Right to take part in the government of his country; right to equal access to public
service in his country.
ii) Economic, Social and Cultural Rights, Economic, Social and Cultural Rights are enumerated in
Articles 22 to 27. They are:
Art. 22. Right to social security and the right to realization of the economic, social and cultural
rights indispensable for his dignity and the free development of his personality.
Art. 23, para 1. Right to work, free choice of employment, just and favourable conditions of work
and protection against unemployment.
Art. 23, para 2. Right to equal pay for equal work
Art. 23, para 3. Right to just and favourable remuneration,
Art. 23, para 4. Right to form and to join trade Unions.
Art.24. Right to rest and leisure
Art. 25, para 1. Right of living adequate for the health and well-being of himself and his family.
Art. 25, para 2. Right of all children to enjoy same social protection.
Art. 26, para 1. Right to education,
Art. 26, para 3. Right of parents to choose the kind of education for their children.
Art. 27, para 1. Right to participate in cultural life of the community.
Art. 23, para 2. Right to protection of moral and material interests resulting from any scientific,
literary or artistic production of which he is the author.

(iv) Concluding or Miscellaneous Articles.

Article 28 provides that everyone is entitled to a social and international order in which the rights
and freedoms set forth in this Declaration can be fully realized.
Besides this Article 29 (1) is an exception because this is the only provision in the whole Declaration
which speaks of duties. Article 29 (1) provides that everyone has duties to the community in which
alone the free and full development of his personality is possible. However, Article 29 (2) establishes
that your personal rights are not absolute; they come with a set of boundaries designed to keep
society functional. It acts as a balancing scale, ensuring that your freedom to act doesn't trample on
the freedoms of the people around you.
Article 29 (3) further provides that these rights and freedoms may in no case be exercised contrary to
the purposes and principles of the United Nations.
Article 30, incorporates a rule of Interpretation or a saving clause. Article 30 is essentially the "Anti-
Sabotage Clause" of the Declaration. In simple terms, it states that no government, group, or
individual can use the rights granted in this document as a tool to destroy the rights of others. It
prevents someone from claiming "freedom of speech" as a legal shield to incite the systemic
elimination of someone else's "right to life" or "freedom from discrimination."
Think of it as a protective lock on the entire Declaration: it ensures that the very laws meant to
provide freedom cannot be twisted or misinterpreted to justify tyranny or the dismantling of
democracy.
The Indian Constitution bears the impact of the Universal Declaration and this has been recognised
by the Supreme Court of India. While referring to the Fundamental Rights contained in Part III of the
Constitution in…
Kesavanand Bharti v. State of Kerala 1973,
Sikri, C. J. of the Supreme Court observed: "I am unable to hold that these provisions show that
some rights are not natural or inalienable rights. As a matter of fact, India was a party to the
Universal Declaration of Human Rights...and that Declaration describes some fundamental rights as
inalienable. "Even the Soviet Constitution could not escape the influence of the Universal
Declaration Chapter 7 of the draft Soviet Constitution contained "the Basic Rights, Freedoms and
Duties of Citizens of the U.S.S.R.". Thus the political rights and freedoms of the Soviet citizens were
"far more comprehensively formulated" in the Constitution.
The International Bill of Human Rights
On the recommendation of the Third Committee, the General Assembly unanimously adopted the
two International Covenants-
1. The International Covenant on Civil and Political Rights, 1966 (was adopted by 106 votes to
nil)
2. International Covenant on Economic, Social and Cultural Rights on December 16, 1966 (was
adopted by 105 votes to nil)
Composition of the International Bill of Human Rights.
The International Bill of the Human Rights comprises of the following:
(1) The Universal Declaration of Human Rights, 1948,
(2) The International Covenant on Civil and Political Rights, 1966.
(3) The International Covenant on Economic, Social and Cultural Rights, 1966.
(4) The Optional Protocol to the International Covenant on Civil and Political Rights, 1966.
(The keystone of the two covenants is the Universal Declaration of Human Rights which was
adopted by the General Assembly on 10th December, 1948)

Entry into Force of the two Covenants and the Optional Protocols.
Adoption and Signing-
 December 16, 1966: Both the ICCPR (Civil & Political) and ICESCR (Economic, Social &
Cultural) were adopted by the UN General Assembly.
 December 19, 1966: Both Covenants were opened for signature.
 Requirement: At least 35 countries had to ratify each Covenant for them to become law.
2. Entry into Force-
This is the year these documents became legally binding international law:
 January 3, 1976: The ICESCR officially entered into force.
 March 23, 1976: The ICCPR and its First Optional Protocol officially entered into force
(the Protocol required 10 ratifications and the activation of the ICCPR).
3. Current Global Participation
As of the latest records, global commitment to these treaties remains high:
 ICCPR: 172 countries are parties to the Covenant.
 ICESCR: 170 countries are parties to the Covenant.
  Optional Protocols: 173 countries have joined the First Protocol to the ICCPR, while 81
have joined the Second Protocol. 170 countries have joined the Protocol to the ICESCR.

International covenant on civil and political rights 1966-

"Negative rights" (State must refrain from interfering). Considered natural, mandatory, and
immediate (e.g., Right to Life). These are considered as Natural rights And the Given by birth. These
are non-transferable rights. There is no duty of state to provide this right on the basis of economy.
There are total 53 articles.
Articles-
 Article 1: Right of self-determination.
 Article 2: Prohibition of discrimination on the basis of race, color, sex, language, religion,
political or other opinion, social origin, property, birth, or other status.
 Article 3: Equal rights for men and women.
 Article 4: Non-derogation of certain rights even during an emergency situation.
 Article 6: Right to life, including specific protections for pregnant women and children (no
death penalty for those under 18).
 Article 7: Prohibition on torture and cruel, inhuman, or degrading treatment and punishment.
 Article 8: Prohibition on slavery, slave trade, and forced or compulsory labor.
 Article 9: Right to liberty and security of person, including the right of arrested persons to be
informed of charges and the right to compensation for unlawful detention.
 Article 10: All persons deprived of their liberty must be treated with humanity and respect
for their inherent dignity.
 Article 11: Prohibition of imprisonment merely for the inability to fulfill a contractual
obligation (debt).
 Article 12: Right to liberty of movement, freedom to choose residence, and the right to enter
one's own country.
 Article 13: Prohibition of arbitrary expulsion of aliens.
 Article 14: Equality before courts and tribunals.
 Article 15: Right to be presumed innocent until proven guilty, right to legal assistance,
right to an interpreter, right to appeal, and protection against retroactive criminal laws (no
punishment for an act that was not a crime when committed).
 Article 16: Right to recognition as a person before the law.
 Article 17: Right to privacy, family, home, correspondence, honor, and dignity.
 Article 18: Right to freedom of thought, conscience, and religion.
 Article 19: Right to hold opinions without interference.
 Article 20: Prohibition of any propaganda for war by law.
 Article 21: Right of peaceful assembly.
 Article 22: Right to freedom of association.
 Article 23: Right to marry and found a family, and rights regarding divorce.
 Article 24: Rights of children, including the right to a name and nationality.
  Article 25: Right to participate in government, access public services, and the right to
vote.
 Article 26: All persons are equal before the law.
Note- State is bound to implement without exception without any discrimination.
Implementation mechanism-
The Human Rights Committee
The ICCPR is enforced by a dedicated Human Rights Committee.
 Composition: It consists of 18 members.
 Nomination: Each State party of covenant can nominate up to 2 people for the committee.
 Qualification: Members must be experts in Human Rights with high moral character.
Preference is given to those with legal experience.
 Election: Members are elected via secret ballot by a 2/3 majority in the presence of the UN
Secretary-General (SG).
 Diversity: The SG ensures geographical diversity and that no more than two members are
from the same state.
 SG has Make sure that After election procedure members will take oath in presence of SG
 Tenure: Members serve for 4 years and are eligible for re-election. If a member dies within
four years, Then the Chairperson Will inform to fill the vacancy to SG Of United Nations and
again the same procedure for election is followed. Elected person will only work for the
remaining period.
 If a member is absent for a very long time for any reasons and the work is affected because of
this then the chairperson will inform the SG of United Nation and if approved by him then
the member will be removed.
 Capacity: Members act in their personal capacity, not as government representatives, and
enjoy privileges/immunities.
 All the facilities including the pay will be provided by the United Nations. Member has Right
to choose one chairperson and one vice chairperson for smooth working under ICCPR.
 Leadership: The committee elects its own Chairperson and Vice-Chairperson for 2-year
terms. Right to re-elect, by following the same procedure.

2. Methods of Implementation
The committee uses four primary methods to ensure states follow the ICCPR:
A. Reporting Procedure
 Initial Report: New member states must submit a report within one year of joining.
  Subsequent Reports: Reports are submitted every five years thereafter.
 Content: The report must detail measures taken to protect rights and any challenges faced by
the state.
 Investigation: The committee investigates the truthfulness of these reports (often with
specialized agencies) and submits its own report to the UN SG.
The notes highlight the case of Jolly George v. Bank of Kochi.
 Conflict: While the ICCPR (Art. 11) prohibits imprisonment for debt, the Indian Code of
Civil Procedure (CPC) allows it.
 Ruling: The Court held that Municipal (National) Law prevails over International Law in
case of a conflict, reflecting the principle of Dualism.
B. Inter-State Communication System
 When two or more states take permission from chairman of ICCPR that Human rights are not
implemented in state A, then they can file a complaint/inform the Chairman.
 Chairman will send the petition to that state which violated the HR. The accused state has 3
months to resolve the matter internally with the complaining party. If not resolved within 3
months, the Committee takes over to reach a settlement within 12 months based on an
"amicable solution".
C. Good Offices (Ad Hoc Conciliation Commission)
 Purpose: Used when two states want to negotiate but does not want to go into each other
territory, then a neutral venue/ state is taken to decide the matter. Such state only facilitates
but does not participate in the matter.
 Commission Structure: An ad hoc commission of 5 members is formed.
 Qualification: Members must be experts in Human Rights with high moral character.
Preference is given to those with legal experience.
 Restrictions: Members of this commission cannot be citizens of the states involved in the
dispute.
 Timeline: They aim for a friendly settlement within 12 months. A report is prepared
regardless of whether the matter is resolved.
D. Individual Petition (Optional Protocol I)
 Nature: This is optional, not mandatory under the main ICCPR.
 Eligibility: A citizen can only file a petition against their state if that state has accepted
Optional Protocol I.
 Conditions:
 o The individual must first exhaust all domestic remedies (local courts) unless there is
a "gross violation" where this requirement is waived.
o The matter must not be pending before another international court.

 Status of India: India is not a party to the 1st Optional Protocol.

International Covenant on Economic, Social and Cultural Rights,1996-
Total article- 31
(Economic, Social, Cultural): "Positive rights" (State must act to provide). Based on socialist
ideals. These are "progressive" and depend on the state's economic resources. These rights are
provided by the states.
The ICESCR focuses on "positive" human rights or second-generation rights. Unlike civil rights,
these often require the state to take active steps to provide services.
Key Dates & Statistics
 Adopted: December 16, 1966.
 Entered into Force: January 3, 1976.
 Total Articles: 31.
List of Articles (ICESCR)
 Article 1: Right to self-determination regarding economic, social, and cultural development.
Every person has the right to freely dispose of their natural wealth and resources.
 Article 2: Focuses on the economical and technical development of people. It strictly
prohibits discrimination based on race, sex, language, religion, political opinion, property,
birth, or status.
 Article 3: Ensures equal rights for men and women.
 Article 5: Rules for the interpretation of rights incorporated under the covenant.
 Article 6: The right to work.
 Article 7: Right to just and favorable conditions of work. This includes:
o Equal wages and remuneration ("Equal pay for equal work").

o Decent living for workers and their families.

o Safe and healthy working conditions.

o Right to promotion.

o Rest during working hours and paid public holidays.

 Article 8: Right to form and join trade unions and the right to strike.
  Article 9: Right to social security and social insurance.
 Article 10: Special care for dependents. Mothers are entitled to special protection/leave with
pay before and after childbirth.
 Article 11: Right to food, clothing, and housing. Includes the right to be free from hunger
and the improvement of food production and distribution.
 Article 12: Right to physical and mental health. Includes:
o Special protection for infants.

o A clean environment and industrial hygiene.

o Protection from epidemic and occupational diseases.

o Right to medical services during sickness.

 Article 13: Right to education. Primary education must be compulsory and free for all.
Higher education should be equally accessible based on capacity.
 Article 14: Reiterates compulsory primary education free of charge.
 Article 15: Right to cultural development, including participation in cultural life and
enjoying the benefits of scientific progress and literature.

Implementation Mechanism
1. The Committee Structure
 Membership: Consists of 18 members.
 Nomination: Each state party nominates 2 citizens (can be both male or female).
 Election: Members are elected via secret ballot.
 Capacity: Members work in their personal capacity as representatives of the covenant, not
their home states.
 Leadership: The committee elects its own Chairperson and Vice-Chairperson.
 Qualifications: Must be experts in Human Rights and Law (preferred) with high moral
character.
2. Reporting Procedure
 Timeline: The first report is due within 1 year of ratification, followed by reports every 5
years.
 Content: States must report on how they have implemented the rights and mention any
challenges or obstacles faced.
  Review: The committee reviews these reports and may seek opinions from specialized UN
agencies.
 Outcome: Reports are sent to the Economic and Social Council (ECOSOC). Successful
implementation is praised, while failures are criticized.
3. 2008 Optional Protocol
Originally, the ICESCR lacked a strong inquiry system. This was resolved in 2008 with an Optional
Protocol that introduced:
 Individual Petitions: Citizens can file complaints against their state if the state has accepted
this protocol.
 Requirement: The individual must first exhaust all alternative (domestic) remedies.
 Resolution: If the petition is accepted, the committee seeks a friendly settlement and an
amicable solution.