Human Rights

05/02/2024
Monday

Jurisprudence Foundation of HR

Origin of HR
Come from Natural law but recognized as law which mean obligation shift from Natural right
now HR are also political Nature

Human rights
This is inalienable
Right, they have to understood as moral principle to begin with what are the right possess
by human being and rights its term has many dimensions
HR is also have intrusive value and instrumental value (if human rights are not protected it
will result in chaos and discontent) we have pragmatic value which move from moral to
political value
They are important for good and peaceful life however this vary there is self-evident truth
(right to life)
Off course one of them is entitlement and power and obligate the opposite side with duty
Rights of citizen fundamental right generate to state
(Kelate to the Holfedian scheme of right)

1.) Origin of human rights

2.) Content of human rights
3.) Nature of human rights
4.) Justification of human rights
5.) Legal of human rights

Nature of human right deeply rooted in legal philosophy and they have evolve over time
After WWII they move toward more political philosophy more concentric form of human
right
One of the major driver is “religion” (life of natural law philosophy) before enlightenment
religion was the key factor initially idea came from natural law philosophy certain rights are
inherent to human nature and can’t be dispense with (dignity, respect, life, self-worth)

After that certain form of human exception is “Reason” (john finnes)

Human right need not to be created by government and intrusive to human beings, they are
intrusive because we can discover by human Reasons

Initially conceptualization of human right came through jurisprudence

Enlightenment onward this conception that Natural law can vary they try to re orient the
Rights are externalize we surrender that right of free will to Supra community and later it
crystalized known as State in return state give as “protection” and state become more
powerful protection
Protecting individual freedom by taking away some freedom even sub collecting freedom
and granting them in some other form
Human right have shifted it is dynamic you need vehicle to move that

Natural law – positive

06/02/2024
Tuesday

Delimited some kind of political framework and go back to Plato and ammonia A/c to him
natural rights all about protecting human

James griffin said - Moral rights all are protecting people form and pursue of worthwhile life
this is the capacity which involves this capacity rather requires Autonomy, normative
agency and personhood
Autonomy should be self-determination it’s a moral principle of self-determination
everyone should have
Autonomy is imperative, moral principle and principle agency (main actor) to set norms to
that extend

Personhood is dignity which is also content categorically human dignity respect of dignity is
duty of follow human beings and state and it is extended with animal known as animal
personhood, because they have instructive self-worth and dignity individual have self-worth
it become rights
Rights are claiming certain rights/ privileges or enjoying certain immunity

Normative have its own reasonable restriction

Another perspective of human right :

Critical legal scholarship
They stared to give alternative view of human they said we don’t question general nature
but overlook peripheral categorically they started segmented human right from point of
view whose voices are not heard

You must focus on individual you have to understand appreciate and act on specific
expressions of marginalized group

Another approach is pragmaticism

Even critical legal study are towards the pragmaticism it look at human right in dynamic and
more rooted matter and how to response to more evolving human right challenges pragmatic
acknowledge and focus on need for “adaptability” or “responding” and changing
circumstances at the same time upholding foundation principle
07/02/2024
Wednesday

From where original idea of HR conceive initial idea

Moral foundation of Human Right is where it all started before the positivist and political
side opted for this
When it progress from rudimentary form critical thinking comes into the theory and entire
moral philosophy came into moral lights

# Common sense developed in reason and then moral philosophy

Religion is one of the aspect
What Moral philosophy does
It provides the ethical foundation and foundation is extremely important, it give us foundation
to think and subsequently act
# In the beginning when we don’t have critical thinking so much, we don’t have developed
idea also from those natural occurrence idea when we developed, we started consolidate the
idea and developed that, developed and philopshy came and it serve as a foundation it serve
as moral principle on which form basis of HR developed, ideas and principle
In this more systematic principle to developed into certain philosophy
# Positive law uses the foundation to concretize the legal system around which HR law is
developed
# HR must e grounded into moral philosophy

Positivism provide us legal frame work whereas moral philosophy give us theoretical frame
work for conveying or articulating principle underlining Human Right

What are the concept which are theorized

Concept such as dignity equality autonomy justice(this are instinct idea which are
consolidated into theory)
# They launch systematic enquiry into what are the moral values how far they should play a
role
Ethical inquiry which taken us to moral philosophy
# We also helped in identification of moral values
Moral significance of this value to what extend we should put reasonable restriction
# They gave us those basic which can lead us toward human right
# By identifying such principle in that exercise what moral philosophical does give us system
of normative ethical theoretical preposition to evaluating our action
This help us evaluate our action on the basis of certain of principles
# This principle also serve as informative basic
# When we talk about evaluation also it equips us with certain ethical reasoning to justify our
action and support recorginization and protection of certain right including but not limited to
right of life equality and etc

# Utilitarianism greatest good for greatest number the justification is on motion on

maximization overall happiness and well being
# If we protect Human right greatest well-being will be assured

08/02/2024
Thursday

Flow in previous class

Role of religion as one aspect of moral philosophy
Essential nature of human right
Documented the shift from moral to legal

Deontology
It’s nothing but it term which refer to ethics, set f moral theory inspired by Emanual Karl’s
theory they focus on principle of duties on human beings (Respect for people,) moral
autonomy
Theis are certain right which are instrict valuable and therefore must be respected regardless
of external circumstances this brings to ideas of human verslites

Kant’s say individual have categorical imperative to treat others ends in themselves (So act
as to treat humanity, whether in your own person or in that of any other, in every case as an
end in itself, never as a means only'. Other people should never be seen just as a means to an
end.) and this served as foundational argument
Virtue ethics come from Aristotle they focus on these value moral virtue important for
flourishing which is also important for social cohesion
Next moral philopshy is contractrism
John Locke and Rousseau

Now moral philosophy through social contract we are going toward political side of
positivism
As we have seen most serious attack came from positivism and dominate the legal theory
some dent was made in Ww2
Talks about authority basic contention of positivist is all authority is prescribed by state same
thing is replicated in rights understanding of right largely disconnected from moral argument
and what state give become your right no rights are fundamental till 1950 they tried
dissociate the legal system from ethical and moral consideration

State shall precise it but it should have its usefulness too only those law are law which are
enacted by governmental authority
As per natural law moral right are self-inherent they are self-generating self-justified to us
they don’t need any endorsement from state natural human right are inherent to human they
are in alienable

Positive law
The role positivism has played served useful purpose for human right they played role in
human right by recognizing and protecting human rights recognize and protect some
important rights state is reluctant to give a lot of right but at least minimum they agreed to
give as other legal rights
When it put in “writing” state have to obey and recognise

09/02/2024
Friday

Positive law in human life

Religions recognizes and protects this is done by identifying rights recognizing them and
most cases codifying them this codification in term creates binding obligation to the party,
fundamental right in abstract have no meaning but once’s they are codified they create legally
binding obligation on state to respect protect and fulfil and enforcement is made easier when
theory is actionable claims it become easier in pursue of commitment of protection fulfil
them they have to create mechanism and process to respect protect and fulfil them

So another aspect could be by promoting or emphzying on legal formulization positivism

strengthen moral and ethical content positivism tell us to formalizes the form and codification
of rights put great emphasising on formally recorzined them in some and most international
and national document
# Positivism help in institutionalization of human life both legal system and domestic and
international system both
# Legal formulation emphases on textual analysis and interpretation of legal statues and it and
most ideal form is interpretational is literal analysis I bring more clarity more certainty,
printability to ascertain the meaning and scope of human right with more precision clarity to
enhance this enhances legal certainty and legal determination
# by focusing on legal authority legal positivism gives us more certain pathway for
enforcement of human life when Human right had been promulgating by government power
it provide more definite pathway for enforcement and if it doesn’t have then violation of that
command will lead to sanctions, In natural law understanding this will be moral wrongs
In legal offences occur and legal sanction are required independent sections of adjucation is
also required

It also institutive adjucation mechanism we have judiciarial structure and create judicial
precedent, precedent are also party of entire positivism known as precedential structure that
also hierarchical
In globalising world human right violation is more universal in nature

12/02/2024
Monday

Role of religion in promoting and contesting human right

Theology religious teaching had given certain ideas which have been interpretated in couse of
understanding what are the inherent human value so religion is spoke person it has govern
certain values and conception indivually + human being
Justification of comes from It comes from higher than the state or any one individual
All religion of world fundamental idea s toward justice equality fairness and equality
Basis of all religion talks about justice equality fairness and equality but all religion not one
religion is left out whose idea is distorted but this not religion fault it’s a fault of religious
interpretation
# We will focus on what the basic idea religion given us what are their terms
Hinduism :- it doesn’t have one particular text but concept of brahmin every human are
element of god that gives us seed idea of “equality” they are mostly written by human so it
devolved by times
In Hinduism there is concept of dharma it is a central concept and dharma had been
interpreted and translated in many ways it is broadly understood in duty righteous duty of
individual its says more power you have more duty you have root taken for human right is
dharma

Right – Duty
Dharma – Right

Natural school says we have inherent right so we have duty whereas dharma say we all have
moral duties towards its subject they focuses on aspect of duty first dharma to mysterious
duty we also talk about importance’s of proper conduct e.g – bhudism
Concept of dharma proper conduct it also tells us it’s a duty to respect the rights of others

Another concept Ahinsa looted in idea of compassion core Principe is avoidance of harm
which translate into respect and dignity we don’t have list of human right its only aliened
Another theory is Karma and re birth so your proper conduct become important respect them
respect life it sink with human right theory personal responsibility towards your actions and
each community will flourish

Hinduism text talk about equality and social justice some Hindu text acknowledge the
inherent quality Krishna you all come from me and will go out of the me
HINDU RELIGION unlike other religion is pantheistic religion (believe in many gods) there
are multiple stream merging in one they merge as deviation in main Couse of Hinduism out
of disagreement with some of the philosophy thy have freedom to believe and practices it’s
not rigid philosophical school but it is tolerated to multiple school
Buddhism
They established itself and talks about they oppose two things caste hierarchy and rituals
animal sacrifices and they focus on 4 Nobel truth and 8 fold paths they asserted on karuna
and equality among 4 there is Satya and another was ahensa, compassion towards all follow
being and all living being orientation towards all harmony and even animals
Next emphasis of right livelihood engaging in honest occupation no dishonesty in profession
The notion of equality and non-discriminatory regardless of their background superior
inherent is rejected by buddha

Now come to western side zodaeasiams they emerge from same geographical location and
fundamental is human are created in image of god imago Dei Christianity is also originated in
same manner and need to respect of scared profane, which means everyone has certain
scaredness which need to be valued now the central text of zoodaisiam is Torah contain
certain principles compassion promoting fairness empathy and protection

Tikkum olam repairing the world wherever there is injustice we should tried to remove that
so it regulated various aspect of life they promised land where all believer will stay in social
harmony free from injustice

Rene Cassin he played important role

Christianity
It’s also endorses the same thing which zoodidadism do the genesis 1:27 it provide
foundational basis of human life they have direct role in secularization of the natural law
principle they took all moral principle and divine, natural law they come from Christianity
Anti-absolutism king was not only one to decide
Rule. Must be limited to subject to moral and legal constrain and they should not decide
everything unilateral BECAUSE all are equal In eye of god and law should treats everyone
equal
There is certain biblical reference need to see which talks about procedural issue like witness
Islam
Quran emphasises the sanity of human life in just killing of one person is killing all human
kind respectful life in short all are equal in eye of god and therefore modern concept of
There should be no compulsion in atter of faith but way it interpreted is different
Hadith also talked about fair and just treatment protection of right of minority of vernable
groups Shariya talks about right of group also compassion idea of donation and it’s not a
matter of charity only its almost the right of receiver

13/02/2024
Tuesday

Features of human rights

Human rights are rights, Ronald Dworkin talks about human rights – “rights as trumps”
which supersede some of the claim which state or any other powerful entity might have , as
trumps it was important claim and supreeceed any accession of power

e.g. Charles baitz rephrases as rights are those entitlement that focus on freedom protection
and benefit of right holder
rights are those trumps which focus on freedom protection and benefit of right holder they are
of special nature
they are not mere declaration they also assassin responsibility on state and another human
for their progressive realization

Feinberg cause them manifesto right ( it is political declaration )it is most important claim
specifically declared responsibility assign for their progressive realization
1. Human rights are shared norms of actually human morality (Essential of been manifesto
right)
2. They are moral norms justified moral norms supported by strong reason
3. it might have its location in teem of constitutional right within municipal rights or
international rights
They are plural they generate the entire list of specific rights there are not one rights they
can have particularism some people like john rolls they talk About limited right but they also
knowledge the plural nature but everyone agrees Human rights are universal in the sense
that one doesn’t have to be particular kind of person to avail them

However, idea of universality s qualified in various terms

e.g., right to vote is it universal franchise it is universal adult franchise
universal. Right to free moment but curfew suggests us that right can temporary be taken
away
some rights are available to certain category or certain groups of the people tribals minority
children
human rights have high priority Maurice Cranstones says human rights matter of Para
mounting importance and their violence is grave upfront to justice if they don’t have propity
where they will get power in other powerful consideration
# human right should be resistance to tradeoffs and say time griffin says there should be not
too much resistance sustainable development, reasonable restriction, labor rights
They could be priority variation in human rights e.g. – privacy is right to life
Similar concern is how inalienable this rights are inability doesn’t means that they can be
taken away from us its doesn’t means they are always absolute they can be overridden by
other consideration
Human rights are very hard to loose- jack Donnelly
Minimalistic school – some thinker argues John Rolls human right should be minimal few
dozen not 100 or 1000 and they should not be too demanding
Hennery Shue it’s about human right should be more concern about avoiding the worst then
achieving the best

Hennery Shue - Human right should concern lower limits on tolerable human conduct its
just minimalism putting

Principalism
Pragmatism
Only principles girt idea wouldn’t work u need to be pragmatic
Beauchamps
Childress
They had given principles in 4 hell in human life
Beneficence health
In general, also principlaism is indeed also applicable to other aspect of human right
Principlism is principle right of approach to human right and justice which talks about what
ethical principle should talk about
Prinicipleism is an ideational approach to define study and analyzes those ethical aspect that
should govern and inform our understanding of human right

There re 4 part of biomedical ethics Beauchamp’s and Childress

Autonomy :make choices regarding health care treatment informed, consent of patient to
obtained they talk about in relation to patient right
The doctor and patient relationship is called paternalism again its of 2 types hard and soft
paternalism
Non Malficience : do “No” harm it also applied to human rights in general
beneficence : do “good” to a patient
Justice :

# You have to pragmatic so that easily identifiable and actionable so we have to keep human
right limited
# When HR modest standard legal and policy manifestation becomes easier or clear
therefore democratic decision making become easier
# Keeping human right limited when that happened, they are valued more understood more
clearly and they will have higher priority
# This minimalism is best expressed in international law they are primary based on
conciseness you have to establish that conciseness

Justification or characteristic
HR are prudential and practical reason Charles Beitz says they are of fundamental interest
James griffin tells us they are founded n fundamental principle of agency or autonomy
There are too many ground of justification some focus on equity dignity fairness also one of
the reason to justifying one. Of the most important among this justification is the principle
of agency and autonomy and it would take idea back to natural law human rights are rights
because they are inherent by us as human, they are inalienable from us therefore human
agency is extremely essential as justification of human rights they are as Alan Gewirth tells
us indespensible condition he tells us human being is a prudent rational agent man is wise
and capable of taking rational decision who must have freedom to make claims over his
well-being however since all of us are in equal position some kind of regulation is needed

16 /02/2024
Friday
gave agency based justification to human right and says denying value of successful agency
and crossponding action is not an option for human beings so human being must have
agency and the facility to act on the basis of that agency he goes on says that having life
requires viewing the indispensable condition of agency and action as necessary goods
which mean uh you have a human life agency and action are indispensable condition on and
he establish this he goes on says since other humans are exactly same position as you
therefore recognized and respecting their claims which means respecting and accepting
agency other agency have equal right of well bring is equally important

Right – duty
My right – His Rights

It generate specific human rights any rights against

James Griffin 2008 book on human rights also talks on similar lines he talks about normative
agency the value given to this normative agency must be specially high but griffin qualifies
human rights on 2 grounds
1. they are fundamentally moral rights which are and their role is to purse conception of
worthwhile life that’s offer paramount value however,
2. practicality also shape human rights and second ground of moral rights and practicality
make the boundaries of right clear reason why he gives 2 grounds he says that human right
suffer from one weakness and that major weakness is INDETERMINACY OF SENSE there is no
particulate logic everyone understand in different fashion and practicality demark the
boundaries and this weakness make them vulnerability to proliferation uncontrol human
right and its dilutes everything

He critics frequent invention of human rights and ballooning the content of human rights
Human right must have unity coherences and limits
Effective barrier to undesirable proliferation because he says the Generative capacities of
normative agency is quite great
Those advocate the political of human right are skeptic about undesirable proliferation of
human rights and they reject wholesale creation of human right its under value human right
John Rolls idea of human right in his book gave minimalist approach of human rights and
tells us that justification of human rights first of all requires identifying the main role in
some political sphere and they are to treated as a special class of urgent right that why he
advocated limited list of human rights he says that there should be list which is plausible or
feasible to implement to all reasonable countries and not just liberal democracy but liberal
democracy are far more progressive but not many countries equally progressive in human
rights

11:30 class
In earlier Political conception how, some thinker advocated narrowed set of right
Charles beitz carries forward many ideas, He suggest developed and understanding of
human rights by looking at what they do ? and what not they are ? what they can do for us
focus on not what o human rights are at philosophical level but what they do how they work
as guiding actions
“Griffin say practicality is secondary and fundamental are moral”
Charles beitz also says human rights are evolving discursive practice and therefore again
understanding them to navigate this we need to keep them limited also he talks about
human rights in international sense and says that practicality shall help us identify serious
violation of human right which are matter of international concern and then we can have
protected and remedial mechanism under international law to safeguards yourself from any
potential triggers of international human rights violation we can evolve a legal mechanism
to transnational protection of human right (UN security council)

Theory of cultural capital – Pierre Bourdieu

Cultural capital is essentially knowledge that helps you operate in the world. Social capital
was understood by Bourdieu to be simply relationships among people and membership in
social groups. Many benefits can come from having advantageous relationships, most
certainly to wealthy or powerful people
Most important cultural capital is “Language” English is most cultural capital
There is no inherent capabilities it come because of difference cultural capabilities, e.g.-
education
e.g.- If you don’t have degree you can’t complete with the others
every human are most creative and it’s not utilized at fullest because of social structure
by breaking those socio economic barrier (poverty) for social exclusion of enhancing our
capabilities so hence goal is therefore goal of social polity

21/02/2024
Wednesday

they represents western value and alleged certain western superiority they claim the west
had appropriated the regime of human rights at the cost of many other alternative
understanding with respect to human right Indian African or nay other developing nation
at the cost of dynamic pluralism and this is done by branding certain value and value system
as being lesser moral value they also ignored contextual understanding of human rights and
they ignore dynamic pluralism
E.g.- in African countries focus is on community and groups whereas western countries
focus mainly on singular aspect in economic prosperity or capitalism

Next critics is that in modern world system the predominant discourse of HR in a world fails
to address structured equality colonial legacy differential power relation etc.
World system theory by Emanual is critics the way capitalism structure the world
As per cultural realist universal understanding of HR west forces on us propel the unequal
and Eurocentric and heavily loaded in terms of power differential between west and non-
west

Liberalism enlightment natural law etc themselves are western origins rights which flow also
have western flow as a result non-western human right

22/02/2024
Thursday

Cultural relativism
Another layer of criticism came within the west thy were cultural relativist of different kind
that type of critic came from intersection model by “Kimberlee Crenshaw” they said even
western understanding of HR which claim to be universalistic in nature is actually selective
so western claim and therefore blind to the requirement and sensibility of the so called
weaker section, it leave whole classes whose voices are weaker and marginalized, in theory
universal concept of HR is not sufficient one of the orient right to the targeted classes who
are missed in entire course even when they are in same system they have been blind-sided
and universal value do not apply to them therefore we have to orient universalistic discloses
to target for those lost classes

Types of Human Rights :

Result of historical movement (WW2), theoretical advancement then perception of justice
changed (its expanded) social reforms society itself diversified
HR are not monolithic, in abstract term HR are always interdepended interconnected and
indivisible we should not prioritize between HR
Right of life can’t be used without right to education they are mutually exercisable
We need to still categorized them for at least better identification even within this
categories HR is still independent
After ww2 new ideas of human rights or human dignity started to come
1215- Magna carta
1789 - French Declaration of right ‘
1776 – American declaration
1948 – UDHR
1979. – ICCPR /ICESER
They are collectively called as international bill of human rights ‘
Social movement is another aspect of HR
23/02/2024
Friday
In wake of globalization rapid increase of
Different types of HR are emerged to multiple factor
New demand on new types of technology
Also certain type also necessitated to differential interpretation so cultural relativism
demanded new type of human revolution, which advocated their own cultural value and
demands come from different cultures that lead expansion to HR then technological
advancement lead to gradual proliferation of HR

Which rights are what rights

If u look at universal
If you discreet the 6 type of UDHR
1. security rights :
Protects our life
Right against murder torture, genocides etc and this has long considered as most agreed
upon right
2. Due process rights
Protect us arbitrary and excessive state action any state action must be duly exercise and
duly sanction authority guided by rules clearly laid down procedure established by law

They are very sustentive in nature second one is procedural right manly
This also implies they can sever as guide to action
3. liberty right : those right which protect fundamental right in area of believe association
movement trade and commerce most of the violation happen here

4.) political right : right related to voting etc it protect peoples liberty against political
processes of their countries and other international forum. right of assembly
5.) equality rights : freedom of discrimination and in certain circumstances this right can be
taken away “equity has direct corelation to justice” that’s why Rossinian re distribution
come into the picture equity is ration application of equality
6.) social right : this rights which talk about social aspects such as right to education right to
health, right to adequate standard of living in this state is asked to provide this right that’s
why state often reluctant to expressivity acknowledge This right as most fundamental right

A negative right restrains other persons or governments by limiting their actions toward or
against the right holder. Positive rights provide the right holder with a claim against another
person or the state for some good, service, or treatment.

7.) minority right or group Right : Also known as solidarity right this right protects
vulnerable people such as women children racial ethnic minority migrant workers disable
etc, Morrice crankshaft human right in inflation should be avoided we should understand
this in conceptually but we should be careful about excessive human right inflation which
will lead to

26/02/2024
Monday
Classification of HR on the basis of different generation was 1st proposed by Karel Vasak
This classification is simplification of types of HR we have the term generation can
appeared….
He talked abt 1st 2nd and 3rd generation of HR This generation implies this is only partially
true there may be some truth. These HR have emerged together and they are
interconnected
It not very proper to classify, really put them into generations Human rights should be
conclude in holistic manner, it should be interdependent and mutually symbiotic This types
of classification implies timeline, there should be degree of importance attached to it
1st Generation Rights
1st generation rights correspond with liberty rights. Dealing essentially with personal liberty,
right to life, political rights
These rights protect us against the excesses of the state and authoritarianism. Also known
as civil and political rights.
They emerged in enlightenment period
These rights are centred around individual freedom. They are the basic orientation of these
rights.
These rights are used as the claims on the state, as protects excessive interference of state
in our life
Therefore they are also called negative rights, freedom from rights. They negate the state
from interfering in our personal and political domain. State must refrain from interfering.
They are the 1st set of rights which were documented.
They are western set of rights
These rights eventually became individual rights, even in some cases they vest in grp but
they ultimate beneficiaries are personal
Rights are to be found in bill of rights, all constitution, etc coz the justification comes from
they are being inalterable
They emphasis Human individual autonomy and self determination
Lastly they provide legal protection against the state
Vertical application of HR- against the state
Horizontal application of HR- private rights
2nd Generation of Rights
It is also corresponds as equality rights
These HR are also known as social and economic and cultural rights
Primarily two sets of rights are identified under this
Basic needs
Social and economic needs (fair wages, education, standard of living, etc )
They were talking about creating equal opportunities and equal conditions
The inception for these rights comes largely from….
They are also conclude as welfare rights
e.g food, education, employment, etc
They also known as specific endorsement and hence positive rights
They have to take steps towards realisation of these rights, therefore in contrast to civil and
political rights expected to have immediately comply from state

28/02/2024
Wednesday
Another fashion is to incorporated in international developmental goals e.g - sustenbile
development goal

Silent features of social rights

1.) they are in the nature of subsistence rights health education labour etc are example and
government are expected to provide this guarantees for subsistence and its expensive so
many government would be unable to provide them adequately that why again this right
entails requirement of distributive justice (Government tend to selective who deserve most)
that’s why they are kind of rights who required the progressive requirement

2.) this right are aspirational in nature so they are largely aspiration rather than imposing
duties and they do not impose duties on Government which are of same nature as duties in
civil and political right in this case their nature of duties and non-compliance will say as
violating of human right. This are only aspirational Rights

3.) they are interconnected with civil and political right government are obligated to take
progressive steps over time however while the fullest realization never come or might be
after time there are certain core obligation which talk about maintaining at least basic
minimum standards that must be met. A lot of public policy goals because this goals are
gear towards progressive fulfilment of this rights

First stage is agenda setting then policy formulation making third is policy implication and
fourth is policy evolution
Majorly 2nd set of human rights they are in much richer discourse agenda setting is basically
that you have no. of. Issues in particular countries government can’t act in all of the issue so
to identify the most important issue that subsequently become agenda setting out of 100
1000 issue few issue become agenda process issue mostly contain social economic and
cultural in nature and most of the social worker are gear with it and on that agenda most of
the public policy is formulated
Because they are progressive in nature 100 % is not possible so continuous
Non-discrimination and equality
social economic and cultural are grounded in Non-discrimination and equality
all citizen can enjoy it exception they are grounded in Non-discrimination and equality
however this right can’t be given in every section reservation is deviation from equality and
allow to least minority group they are in nature of empowerment rights so this rights
ultimate objective is to improving their well-being and people become important
shareholder in this case their participation in decision making processes involvement pf civil
society group is also essential serve as effective mechanism core of economic and social
justice right is equality well-being etc

second set of right are forth front of policy making in Indian right to education is

2nd lecture
Essence of millennium goal is to regrowth most vernacular people
Secondly MDG are geared to support and foster to right to development right of both
individual and community to participate and contribute in development process an area are
poverty reduction education eliminating hunger health care and ensure overall people have
fullest opportunity
Many of MDG directly address social and economic rights for example MDG 2 achieving
universal primary education MDG 1 talks about eliminating poverty and hunger

MDG also gear toward fostering equality for example gender equality is fundamental human
right or goals within the MDG goal no. 3 to promote gender equality and empower women

Goal specifically
MDG Goal ! : eradicate extreme poverty and hunger
Why extreme poverty because you can’t reduce poverty completely so progressive
realization and to do that achieve full and effective employment and decent work for all
MDG Goal 11 : right to adequate standard of living including housing and food
MDG Goal 2: achieving full primary education
MDG Goal 3: promoting gender equality inspired by article 2 and 3 ICESCR
MDG Goal 6: combating HIV/AIDs malaria and other diseases had been inspired by article 12
of ICESCR and general comment no. 14 ensuring universal health care and therefore
government all over the world then in pursue of MDG

Bolsa Familia it’s a scheme by brazilin government in conditional cash transfer scheme
which aim in reducing poverty and social inclusion directly inspired by MDG rule no. 1 both
economic and social life is combined here
Education for all initiated in kanya steps to promoted universal education
In the year 2000, the millennial development goals have been introduce , development
discourse itself is largely premised on these second set of rights , we look at it in form of the
international legal system
The very idea of millennium development is very closely related to second set of right , they
are also social and economical in nature , towards protection of further reinforcing these
second set of rights
Why do we need reinforcement – because in the constitution only the first set of rights are
formulated and protected and identified as fundamental rights while the second set of
rights were not given as much importance , and 2 set of rights ensure us a fuller life and
they need to be empowered that’s why the idea of sustainable development came up

Indiscriminate development can lead to destruction and violation of human right s

So the word sustainable was brought in ahead of development to balance the two sets of
rights and consequently certain goals like millennium development goals were brought in .
Idea behind millennium development goals is to improve the global challenges , they are
closely related to idea of economic, social and cultural rights , they are also enshrined with
notion of principles of equality and dignity and the essence is to uplift the marginalised
societies and the most vulnerable
The term development – millennium development goals themselves embody the word
development . rights of individuals and communities to participate and contribute in
developmental process
The main areas of millennium development no. 1 are poverty, education, eliminating
hunger, healthcare and assure that people have the fullest opportunity to realise their full
potential (capability approach)

- Many of the millennium development goals directly address social and economic
rights for example milline development goal no. 2 talks about achieving universal primary
education . why just primary education for now- because progressive realisation

Milline development goal no. 4 and 5 are childcare and maternal health and reproductive
rights (example)
Molineux development goals are about fostering equality so they are geared towards that .
for example – gender equality has been considered to be a fundamental rights and goals
under the framework of Miliolid development goals

29/02/2024
Thursday

Third Generation of Human Rights

They provide support and backup
Crossorspondes to the feternity brotherhood related, for brotherhood certain solitiary is
requires that’s why its called solidity right it has being corner stone of human social
structure.
Class become basis of solidatory as society got more complex it got layer people belonging
to caste is more solidarity so broad division is created and interest become narrower in
nature they developed their own self-interest as we developed more consciousness of
nationhood or fact of belonging to nation become to paramount and this lead to situation
that each nation will fight for his self-interest 1 and 2 nd generation reflect this interest there
would be certain class which would be belong to community as whole or enjoyed by groups
that’s is a basis of development of solidatory they extend beyond indivual interest and
narrow collective or group interest and encompass broder social concern environmental
and economic concern
If there is environmental pollution you can’t enjoy right of healthy environment its
characterise that you can enjoy this right in group
So therefore they extend beyond induvial interest and narrow interest therefore they
emphasize of collective responsibility of the member of society they also caste a duty such
peace often, and therefore require international cooperation therefore we need such kind
of solidatory human being are interconnected with the interest because our interest are
intervened and required collected action and solidatory to face challenges of such nation
e.g.- biodiversity, pollution in pandemic situation right of life will not be safeguarded until it
is solidatorry right it also foster concept of global citizenship that we are a global community
in many ways which advocate global solidatory which intake global values global
environmental advocacy right for peaceful world this right cant exercised unless humanity
as collective solidatory come together, many idea has been assisted with sustainable
development of intergenerational equity (leaving enough to the next generation those who
are not born yet)

Rio declaration on environmental declaration pragmatic concept of

Growing globalisation and heightened awareness of overlapping concern environment

degradation environmental pollution etc, tradition human right frame work are insufficient
to address broader challenges the conventional human right framework are not sufficient to
meet this challenges no right contain in first or second set they will not talk about coming
generation

Right to development and substantiable development

Environmental right
Rights of indigenous people
Marginalized people to allow those people with marzalined voices
Right to peace collective right to be in peace promoting culture of peace
Global health
Right to access essential health care in wake of pandemics
Protecting cultural diversity and heritage
Right to preserve and promote cultural heredity

International bill of rights

Provides a kind of classification but more importantly significance lies in the this are sort of
endeavour at international level to create legal ecosystem of human rights
With this right international bill of rights it’s a package of rights with this classification we
have move toward political conception of human right
The most decisive push came after ww2 after that beginning started in 1948 onwards now
we have 100 of them
What international bill contain
It’s a package of rights it contains 3 set of documents
1.) universal declaration of human right
2.) international cognate on civil and political right
3.) 2 optional protocol which Is linked to ICCPR
International cognate on international social economic and cultural right

Universal declaration : Post WW2 Magna carta the need was felt to prevent such future
atrocity promoting peace, security international cooperation and advancing the cause of
human right and fundamental frees in presence of same charter in 1946 the UN established
the commission on human rights was established
Allena Rosset : drafting committed was formulated then comity was formed and adequate
geographical representation was given 48 words in favour, and no disagreement

Rene Cassin : he also made substantial contribution in drafting

Charles Malik : he is raptorial he was from libonan and advocated religious freedom and
minority rights

John peter empery : Canadian jurist he was principle architect in crafting legal language

Salient provision
UDHR Some of the fundamental human right has to be universally protected and translated
into more then 500 language it recognize the dignity it start with inherent dignity and the
equal and inalienable right of family and this regard and contentment has resulted in
barbarous act which outrage the consciousness of mankind equal right of man and women
to inherent social progress keeping in mind the general assemble proclaim UDHR as
common standard of Achievement for all peoples and nations and therefore the nation
states are required to promote respect of this right and freedom among the people of
territory under their jurisdiction to protect full fill the right
Article 1 : start with observing talks about all human beings are born free and equal in
dignity therefore rights they are endvour
with reason and consious and should act toward one another in spirit of brotherhood
Article 2 : premise on basic ocnept of equality everyone is netitle to rights and freedom all
rigts contains in the dovumet

International Bill of Rights

But more importantly the significance lies is that these are sort of an endeavour to create a
legal ecosystem around human rights that is where the significance lies.
with these rights with the international bill of Rights it is a package of writes
One comes from natural law and then we have also felt need to codify that positive
underpinnings
actually decisively going through the political side came after the World War ii
Was given them after the World War Two and we know the background as to why it was
done atrocities and all of that right soafter that after the international bill of human rights
the beginnings of the beginning started in 1940s forty 8 onwardsafter that number other
human rights instruments started to come up we have hundreds of them
so as I said it's a package of rights it's not one single right it's a package
It contains three documents first one universal declaration of human rights second is the
international component on civil and political rights the third one And two optional
protocols two optional protocols which are linked to the ICCPR again

Universal Dec…
1st imp work in the aftermath of WW2
To prevent such future atrocities
So Post World War Two in fact the very foundation of United Nations was keeping in view
the atrocities so that these atrocities are not repeated 9045 and then onwards they as a
system the un system started working towards promoting peace and security international
cooperation among nation states
set out the goals and objectives of the creation of UN and charter with these objectives only
now in pursuance of that chargerin 1946
1946 the commission of human rights was established
was formed in trusted specifically with the task ofdrafting an international bill of rights
A drafting committee was then formulated under the chairmanship of Eleanor Roosevelt
People from various countries adequate geographical representation was given
Right so committee was formed under I mean giving adequate new political representation
to various geographies, also legal experts, human rights advocates ngo's asset
This drafting committee initiated a process of extensive debates
And which was then negotiated and reconciled Etcetera finally also what would be the role
of government predicting promoting fulfilling human rights what would be the scope of
rights how much how many rights can we give the types of rights all of these
A number of consultations revisions et cetera in 1948 it was adoptedthere are 48 votes in
favour and no disagreements
then we had another important functionary Rene Cassin
Charls Malik- Drafting committee are those people raportia we have this raporte right also
here rapporteurs will know so these people have the task of actually presiding over the
committees and functions and then giving a summary list of everything and then contribute
towards further approach he was Lebanese diplomat and therefore he advocated the
provisions granting religious freedoms minority rights Etcetera that is his contribution
John Pe…- crafting the language, the legal language and the structure of the declaration.
The served as a foundational document for all subsequent human rights and this is a source
document modern human rights source document
It is not binding But the principles it contains as I said have been extremely persuasive they
having multiple case laws in Indian case no privacy law is a case law I think also has then
been referred to mention as a source document
The declaration is considered to be then authoritative interpretation of the very human of
the UN charter itself
It is also considered to be the political commentator and authoritative interpretation the
declaration as per Jeffrey Best is then authoritative listing of human rights authoritative
listing and has become as was pointed out the basic component of customary international
law in this sense it is bonding on the state
Let's try dissect we only look at some of the salience provisions first of all
this sets out for the first time a comprehensive listing of writes human rights to be
universally protected so these are those rights which have to be universally protected
The Preamble- The dignity They start says whereas recognition of the inherited dignity don't
worry now so basically it is actually start with recognize the inherent dignity and inalienable
nature of rights of the members of human family. The preamble also knowsthat that
contempt and disregard of the inherent dignity and inalienability have resulted in barbarous
acts, barbarous acts, cruel actions which have outraged the conscience of mankind.
To promote social progress next equal rights of men and women to promote social progress
and better standards of life. Take this down or at least remember this keeping in mind all of
this is the General Assembly proclaims the UDHR is proclaimed as a common standard of
achievement for all peoples and nations. States Are required promote respect for these
rights and freedoms among the ppl of territories under their jurisdiction.
Article 1- Starts with observing a game that all human beings are born free and equal in
dignity and rights. An equal in dignity and rights the implication is that since all human
beings have dignity therefore they also have rights arising out of that sense of abilities in
products. The second line is that they are endowed with reason, they are endowed with
reason and conscience and should act towards one another in the sense of brotherhood.
Lastly the brotherhood the very basis for cooperation between the Brotherhood and also
the Genesis somewhere of the demand for solidarity rights.
Article 2- Is fully premised upon the very basic concept of equality. article two states that
everyone is entitled to the rights and freedoms everyone is entitled to the rights and
freedoms as set out in a subsequent article. since all human beings are born free and equal
therefore everyone is entitled to all the rights and freedoms contained in the documents.
The justification comes from article1. race, colour, sex, language, religion, political opinion,
national or social origin, property birth or any other status.

5/03/2024
Tuesday

UDHR Resolution No. 278(III) 10th December in 1948 that’s why we celebrate every year
Human right day
So it’s a common standard of achieve for all people and all nation
From Article 3 to Article 21 proclaim right to life liability and security (First corner stone of
UDHR ) they pertain civil and political right in character in addition to this other civil and
political right also set out freedom from tutored and curial, freedom from slavery and
servitude, right to recognition everywhere as a person before the law

Right to effective judicial remedy freedom of arbitrary arrest detention or exile right of fair
trial and public hearing by independent and impartial tribunal, right to nationality right to
marry and have a families, right to own property and many other from article 3 to 21

Next set of right in Article 22 is second cornerstone, this introduces Article 22 to 27

In which this right have economic social and cultural orientation this are manifest for free
development of personality which enrich your life further and this are those set of right
need to realise through national efforts and international cooperation. Right to social
security, the right to work from 22 to 27, equal pay to equal work, right to rest and leisure
right to adequate health and well-being right to adequate standard of living right to
education and right of participation in cultural community

Also Article 28 to 30 they have some communitarian indication they recognize the everyone
is entitle of social and international order in which human right and fundamental set forth
may be fully recognized so this is stress on duty and responsibility to all of us or own to the
community.
Duty : where there is duty there is restriction
In exercise of his right and freedom everyone shall subject to only such imitation as are
determined by law solely for the purpose of securing due recognition and respect for the
right and freedom for the rights and freedom for other and of meeting the justice
requirement reasonable requirement just requirement of morality public order send gender
welfare in the democratic society

They should be compatible with the un character finally article 30 stated that no group no
state no person may engage in any activity or perform any act which aim at destruction of
any right and freedom set forth in declaration
The International Covenant-
Only a declaration very highly persuasive can become a part of customer international law
countries have to follow them some of these principles are non-delegable in nature in UDHR
all of this is thereof course some of these things have become part of Ice Coggins some of
these have become some of the usage principles have also become part of multiple other
treaties for example write to cruel human dignity treatment has sort of taken the form of
writing and genocide sort of these things have happened
efforts were made to carve out certain relevant portions on UDHR develop them in the form
of binding instruments. The committee on human rights started working on that and two
independent covenants were drawn from
First it was decided that only one covenant will be there which will contain both civil and
political rights and economic, social and culture. Then they agreed that we will have two
separate
Drafting took 18 months however the adoption took 18 years. Reason new members were
added, …
Two Optional protocols were added and one option protocol was to grant individual
individuals the right to petition the monitoring body of the ICCPR for individual violations of
write into human rights so individuals could also petition the governing body of ICCPR. 2nd
was abt abolition of the death penalty. Both this covenant entered into force 1976 almost a
decade after their adoption. (it requires the min no. of nations to ratify and this take 10
more yrs.).
India has not signed optional protocol India is part of ICCPR
ICCPR-
Preamble- direct reference from UDHR upon keywords such as dignity equality inalienability
for the objectives of freedom, justice and peace. Free humans should enjoy civil and political
freedom.
Both this convent enter into force in 1976 almost a decade after their adoption

06/03/2024
Wednesday
ICCPR
Article 1 talks about self-determination and right of people to freely determine their political
status freely or in case of dispute ideally what happen in Kashmir e.g. Kashmir dispute is the
precise Article 1 when it was taken to the UN on the basis of this it was kind of left to the
Kashmiri to this side but both countries India and Kashmir are not leaving their sovereign
claims on this right

This is right common to both and freely pursue social cultural and economic right, this give
people right to freely dispose of their natural resources with prejudice to any obligation
arising out of international economic cooperation based on principle of mutual benefit and
international law

Article 2 :
ICCPR : this right first of all each state party with respect to article no. 2 is to respect this
right and ensure this are available to all without any distinguish this article is common
article
Article 2 continues that where not provided in existing legislature and other measures in the
members state for protection of this right the necessary steps in accordance with
constitutional process must be taken to adopt such laws and measures as may be necessary
to give effect to the right in present cognate
Article 3 is also common article for both cognate both state parties to the present cognate
undertake to ensure the

Article 4 reads at time of public emergency which threated the life of nations and existence
of which is officially proclaim may take measures derogating to present cognate to the
extend strictly required by the agency of article provided that such ensure are not
inconsistence with their other obligation under international law and do not involve
discrimination soy on groin of sex religion social origin language etc

Also lastly even under this circumstances sex religion social origin language selective
distinguishing can’t be out
However even under this circumstances even then certain article that can never be
derogated from Article 6,7,8 paragraph 1 and 2 article 11,15,16 and 18 no derogation can be
made
When such proclamations made the state party must inform the other state party through
secretary general

Article 6 which can’t be derogated: inherent right to life , no arbitrary deprivation of life
where state can take life in countries which abolished death its only for most serious crime

Article 7 no one shall subject to torture curial inhuman or degrading punishment

Article 8 no one is held on slavery and slave trade and this need to be abolished this is also
can’t be derogated from

Article 11 no one shall be imprisonment merely on ground of fulfilling contractual

obligations

Article 15 is prospective application of law no one shall be held guilty on criminal offences
which didn’t constitute criminal offence both national and international law at the tie when
it was committed so if an act or omission is not an offences today you can’t be retrospect
charged for that

Article 16 everyone shall have right to recognise everywhere as a person before the law
Article 18 everyone shall have right to freedom of thought conscious and religion this also
includes freedom to have a religion and freedom to adopt the religion and believe and
freedom in individually or community to manifest religion or believe in worship obeisant
teaching practice manifest in observation

7/03/2024

Article 19
Freedom to hold opinion without interference right to receive and seek information but the
clause no. 3 come with certain duties therefore they may be such restriction before law
such restrictions are :- (public order public health and morals and national security)
Article 21 – Right to peaceful assembly subject to same restriction
Article 22 – freedom of Association
Article 23 and 24 – right of man and women to marry and found to family is worth to
recognize
All state should take care equality of life in marriage
Article 24 : rights of the child
Can’t be found in UDHR, ICCPR is specific to civil and political right
Every child with discrimination race, colour sex religion national and social origin property of
birth shall have right of protection as a minor on the part of his family society

Right to get registrate at birth legal personhood to children every child have to acquire the
nationality
Article 26 : in this respect, the law shall prohibit any discrimination and guarantee to all
persons equal and effective protection against discrimination on any ground such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status.

Un general assemble resolution

200 A(XXI) both of the instrument are come in
Preamble is similar to preamble of ICCPR, preamble refers to UDHF and states that idea of
free human beings enjoying freedom from fear and want can only be achieved if condition
are created where everyone may enjoy economic social cultural right as well as his civil and
political right
Indivisibility is wording which applied here, freedom to self-dispose and article 2 enjoyment
of this right without any discrimination
Article 3 equal rights to man and women
Article 4 limitation clause in this in the enjoyment of this right the state may subject this
right only to such limitation however state may subject such right to in such limitation as
determine by law and only to extend they are compatible with thee nature of this right and
for the purpose of promoting general welfare in democratic society

Reorganization of right to work they are economic and social right both opportunity to gain
once’s livelihood by work and state is concern by providing vocational and training programs
etc
Article 7 : enjoy favourable condition of work it comprises of equal wage for equal work if
you don’t have equal pay for equal work you can’t have favourable condition they are
particularly for women though it’s for all of us men and women

Women should be guarantee consist to work not inferior then the men, women work
harder they do triple shift also safe and healthy working condition
Another clause says that equal opportunity for everyone have to be promoted at
appropriate level no other than seniority and component

13/03/2024
Wednesday

UN HR system

Treaty based charter based

IBHR OHCHR
ORS special procedures mandates universal preodic review UPR
Committees special investigation

Work on sovereign equality they give equal weightage and next objective is to all countries
benfir equally from membership

International techniquesso these awareness go and meet country representatives study is in

speed with its all of that interactive through special procedures that you will see and Ohio's
chr conducts coordinates and services headquarters for these procedures
3rd objective is to promote international cooperation for human rights
stimulate and coordinated action for human rights throughout the un system (headqa
To assisted development of new norms
Respond to various serious violations of human rights through these mechanisms Human
rights council
Information advisory services technical assistance so education
To give effect to these objectives you and human rights council was created in 2006
So while office is the office with OHCHR is the office it coordinates all activities the un
human rights council is the representative body consisting of certain member statesso
member states are elected induced we look at

Human rights council

Its mission is also to protect and promote human rights around the world
Out of this 47 members each member is elected for three years on a rotating basis
maximum two consecutive terms they can be elected as members
So there are country groups made within 47 nations seats are reserved on the basis of
national grouping system national regional grouping systems regional groups are
represented in this
The council investigates Allegations of breaches of human rights among the human
members and take the actions if needed
Russia was suspended from the council and emergency session was 11th emergency session
this special session was planned to convene and the general service suspensive Russia to
cross violation of human rights in the Ukraine war zone
Two kinds of mandates are there one kind of mandate is a thematic mandate themes right
thematic mandates another kind of mandate is country specific mandate
In myanmar For violation of human rights in Syria for war crimes attack against minorities
number of issues these mandates and where they go and investigate so in country
They investigate through something called special procedures

Special procedures (thematic mandate and country mandate)

To different ways in mechanisms established by the un to observe violation of human rightsI
have to give advice on violation of human rights
To observe advice and report on human rights violationsfor specific countries for specific
territories
Like there are various kinds of thematic mandate for example schematic mandate or
arbitrary detention thematic mandate or human rights business and human rights
transnational cooperation and human rights
They are called mandate holders special raportiers are appointed these special approaches
help the special procedures
they do not get paid by the un it so there is no consequence less they do not work for the un
per se in that sense
Council to examine and report on humanoid situation either in terms of themes or in
specific countries so they visit the country with prior permission take in depth research
pertaining to gross human rights violation in both countries or if it is a thematic mandate on
the theme
Thematic mandates what is seventh thematic mandates and roughly fourteen country
mandates fourteen countries are monitoring actively and forty seven thematic mandates
To the human rights council establishes working groups composed of independent experts
to address specific human rights issues or situations
Working group on enforced or involuntary disappearances (WGEID)- they look into case of
arbitrary detention
19/03/2024
Tuesday
When crime is commited by one state party into another territory and second when state
has accepted the jurisdiction of ICJ it means state have need not to be party if icc prosecutor
is referred to certain case icc is bound to investigate that case in case of second jurisdiction
in that case

How are arrest made

pretrial chamber have authority to arrest at request of prosecutor so state party will arrest
that person and state party must cooperate with the ICC after arrest they kept in detention
centre at Hauge common convention applied that

International Court of Justice

Is there for longer time had precedent and work it does is different from ICCR also called
world court and resolve dispute between the state, icc tries only indivudal who are accused
of comminating crimes and those who wear highest holder in that hold gevious crimes
whereas ICJ resolve dispute and may not be of criminal nature, it is located in Hague and
permeant court of international justice who establish by the league of nations and change
to united nation and then PCIJ was dissolved and it draw it major concern from PCIJ
ICJ is principle organ of UN system ICC is not a part of Un system, its main function is to
settle legal dispute and refer to it advisory. Opinion on legal question by authorized agency
by un and any other specialized agency

ICJ (international court justice)

Its primary to resolve dispute between the Nation state/ countries
Its principle organ of the UN system it work independently to UN system of justice
dispensation it is only judiciary organ in their nature of court
Established in 1940
Basic spirit of ICJ is based on precedent of PCA (permeant court of international Arbitration)
It draws heavily from arbitration dispute resolve through mutual discussion and all and since
it function on the basis of Sovern equity of system therefore proceeding is based on
discussion negotiation etc even though it’s a court of law and order are binding on member
2.) It provides advisory opinion on legal question however ICJ cant appropriate the cases of
its own
Operates on the basis of judiciary independence the judges are selected by UN general
assembly and security council and they serve for 9 year open to another re-election for
another 9 years they are termed as official of highest interiority
As regard to composition out of 15 judges elected for 9 year term each, election is mention
in Article4 to 19 adequate reasoner representation is also given
Can judges can be dismiss on the basis of consensus of all judges

27/03/2024
Wednesday
Regional system

What we have done so far

Concept – Abstract we developed it in moral theoretical discourse/justification s after this
stage we tried to formalization in sub ways magna carta then came the world war when this
process of expertization got inpetitious
Then come UN and correspondingly UN system of human rights it came from international
consensus if we branch it then we have system (teatries) monitoring mechanism treaty based
and charcter based Adjudication then we come to ICJ and ICC
Today we are looking at regional system

We do have global HR system well defining structure in place efficacy is in doubt sceptics is
very valid we felt to evolve regional HR system another connection between global and
National system
Why do we need regional system
Culture
Specifics
Peer pressure
Homogenous
Proximality
Region HR is largely derived from global system
1.) cultural specific : global system of HR is often being critics of catering to dominant
western hegemony policy they are west centric in nature and there are time they fail to
understand cultural sensitivity and cultural diversity and referred HR sensitivity with respect
to HR the universal system fails to capture some nuances
Regional system is homogeneity also come here and they are better placed and equipped to
appreciate those cultural sensitivity

Kokkinakis vs grace where certain cultural practices were questioned they look at cultural
and historical aspect of Greek society proximity to victim perpetrator is important as well
since the violation have occurred in that particular regions human rights bodies of that region
are better placed to make a direct impact since they are geographically

Complimentary to universal standard in addition to existing global pressure we create a new

or extra layer of protection if u don’t want to go UN system or global system they have
another system to approach probably located closer and accessible more easily they are in
nature of providing additional protection, they also adopted a social character they adopted
the character of fundamental right of EU this is important for 2 reason
1.) provides extra layer of protection content might be similar however at time they also give
extra right and extra layer of protection
2.) they give some extra right which is not in UN system
EU is only region where AI law is come into formulation may be UN will subsequently come
out with this, this is why it is important to have regional system
It is complimentary and they show a way and it does provide an additional system we have
choice to
And many of this right come from EU system first and then UN

4.) enhance compliance and implantation

More efficient monitoring mechanism they hold they peer pressure they hold more
accountable similarly it easier to monitor reporting structure become easier
Finally promotion of dialogue and cooperation for member state civil society engagement is
better and easier to bring all stake holder together if you are part of same region and it does
have potential

10/04/2024
Wednesday

State as per its obligations is duty bound to adhere to the 3R’s

“Protect, respect and full fill human right”
Entire discourse in HR is premise upon fact that
Role of political executive is to translate the need of the public into rights and laws putting it
into text protect so they identify the need the public and execute it
First stage of public policy cycle is Agenda setting (it is again recognizing the interest of
public and law come little after that)
Q. Who is are important home or educational minister ?
Home affairs – law and order for Ips it’s a ministry of Home affairs for IAS- department of
public graviences all this officers are attached to ministry and home affairs are civil and
political right and entire spectrum are divided in various ministry and promote and fulfil the
right
Second function of beaurcacy : Control the ground level bureaucracy
To control whether street level to monitor the lower beaurcacy ground is law and policy is
directly on the right or not
Data tell us where is the gap
Fourth function is budgetary process is also a same thing which need to give more priority
2/04/2023
Tuesday

Why it is important to includes right in the constitution

They provide certainty to the extent of human right spelling out right it give written guarantee
constitution being highest norm of the land all automatically places anything put inside the
constitution it guarantee the right at highest level which make them sacrosanct

Is constitution is state are same thing

No, they are different everyone is subject to constitution right particularly even fundamental
right are injection in state putting right in constitution serve as limited or excessive state
action
Another way is looking at it categorization as far as state being violator of HR to protect
individual and group and to protect that constitutional right is given to them mostly
State in welfare avatar it grants certain rights this are mostly in nature of economic social and
cultural rights its grant protection against the state the state himself want to grant ICCPR are
those rights which state protects

Many constitution provides for duties and duties have bearing on right first of all there direct
And indirectly this duty help to protect the right with the citizen however it should not
happen the violation of duties in any such ways if the individuals fails to perform duties
curtailment of duties for non-performance rights can’t be curtail because they help to protect
right in better way
Through duties solidatory right is better protected. But what state can’t do is to make
contingent upon the fulfilment of duties all of this applied to Indian constitution as well
Another things constitution do is to pay special attention to marginalized and excluded
individual they protect this category of people (women, Dalit) this is called positive
discrimination and override the equality provision which go against the fundamental principle
of equity, charter of right set out in constitution rest particular concern in particular those that
concern deprivilege people and these are gains to protect them from injustice
Even cultural related view point is relative intersectionality hights the voices of those who
can’t represent themselves

Another role is constitution endeavour to mainstream those groups many constitution so

condition these people face need not to ftsnt constitution also operationalize the protection of
To set public quotea in public
Cosnitionl los operational protection in the set of set quotas. Constitution do also seal to
cooperate international HR commitment which may influence by cultural relativism in
additional to that recognizing universal rules certain int. commission also recorgned
There are 2 days
Monolistic perspectives ‘
Pluralist dualism

Another way is putting them in such a place of constitution where theyt give
Another way immuerate them in constitution but don’t formulated themin state \
3/04/2024
Wednesday

Who is bound by this right

1.) State
2.) Citizen too
3.) through expensive term of state through the course of judicial interpreatition
Primarily state are bound however citizen are also bound like article 17 scope of article 13
also expended by judicial interpretation

Who enjoys right

Citizens enjoys the right some of the fundamental right and legal right is also available to
non-citizens
State is exempted from liability of right

Who can demand enforcement of rights

Citizens and non-citizens anybody on behalf of aggrieved party can ask in court for their
remedy (PIL)
Who enjoyed this right
Person and Legal persons enjoy this rights

What obligations do rights impose on state ?

State is restrint from violating this right
2nd set of obligation is positive obligation to “protect, promote and fulfil” the right this
requires considerable positive action, state is safeguarding individual securing the right

Whether the right incorporated can they be restricted ?

Is it absolute enjoyment ? we undermine those right we put limitation to these right we are
obstructing the fullest enjoyment of right
How rights are limited
1.) state do not want to take a lot of responsibility otherwise self-preservation also to
protect the moral of the country
One way is to remain silent in the right they avoid responsibility
Another way is to allowance right to exercise state knowledge there are right available and
put aesthetics marks they put certain condition these condition can be reasonable
restriction in Indian context while giving these right you crawl these right the term
reasonable is very restricted given the interpretation

Legality
Legitimacy
Democratic society
Any restriction have to be proportional to the need
Any limitation can’t be arbitrary need for the legitimacy and

04/04/2024
Thursday
1.) legality: any limitation put must be authorized by law must be constitutional and non-
arbitrary, They must be clear clear, known to people should not be secret made clear to
people

2.) they serve legitimate goods : any restriction on right must serve a legitimate purpose so
to secure democratic order and public order they must also be made to clearly define them
to easily understood

3.) they should be proportionate to the purpose of the limitation : proportionality means
pending of the seriousness of the violation or possible disadvantage arising out of that
violation you can’t kill a flight with candle to extend optimal extension is require to control
that particular violation and disadvantage arising out of that violation only that level
limitation need to be put, and also proportionate to the importance of effected
fundamental

This is some of the principle applied in putting relation

State of emergency some of the right can be limited and constitution often establish special
Some of the fundamental right can never be derogated at this stage very strong protection
must also be put in the constitution, condition are set as what should be procedure for
declaring/ needed state of emergency and consequently procedure must be set if
emergency are required to be terminated

Constitution will set out the role of executive and legislature in this case of emergency so
role of legislature must be clearly promulgated permissible limit to the duration must be
declared of emergency must be clearly spell out

Some of the test which are used to deploy such limitation

1.) strict scrutiny test under this test a very though scrutiny is taken to demonstration by the
state there is complaining state involve which is very specific to purpose which is sought to
achieve ( freedom of speech and expression state have to show in restricting the rights even
in that case least restrictive have to employed) Indian court has also interpreted this S.
Rangarajan V/s P. Jagjivan Ram directed that there should be a correct balance between one
among the proper free speech and restriction of any social interest. the liberty of transfer a
thought through movies has conjointly some restrictions below Article 19(2) of the
Constitution.
Internet shut down in countries is it proportional all of this need to understood
sharbad vs berner us case any state
2.) Rational basis test : it is also link to purpose Gov. must show rational is legitimately
related to restriction the limitation out have to have a relational nexuses with object need
to achieve
If there is riot in one particular country we will not shut whole nation
State of madras vs BG row 1952
In Canada it’s called as rational connection test

3.) proportionality test : In menaka Gandhi vs UOI : right to travel abroad is fundamental
right can be restricted when objective is reasonable and proportional to the object sought

4.) Over bread test this particular test examine whether the limitation is too broad and
compasses more than necessary that the limitation must not be overly broad the law must
not be overly broad
Chintamani Rao v. State of M P

5.) Another test is clear and present danger test : state must demonstrate that restricting
the fundamental right is to avoid present danger restriction of movement can be restricted
during war time

6.) least restrictive means test : this particular test signifies if there are option available int
rm of limitations the right we will choose the least restrictive measures it means that if
there are alternative measure that would achieve the same we will choose the least
restriction on right
# Terri vs Ohio US SC said stop and frisking searches are only justify if least restrictive means
are used to ensure safety
“K puttaswamy vs union of india”- Indian case

Human right in Indian constitution

Consideration of right that Indian should have right started to gain ground in the wake of
Indian national movement (INM) many historian started to highlight the fact that right are in
jeopardy and colonial master are tempolining on our right and more systemic political
movement started
1925 – Indian Congress INC finalised the draft of Indian bill of right and madras cession of
congress it was presented and madras congress demanded that in any future framework
there would be declaration of human right in any future constitutional framework and have
huge influence on Motilal committee report which talk about any future constitutional right
Personal liberty freedom of concisuous free elementary education writ to heabous corpus
protection from punishment under ex facto laws it also put right to wear arms then were
constitutional assembly debated happens they also highlighted lack of civil liberty during
British right.

Equality before law Article 14 and Article 7 in UDHF

Article 15 1
Article 19 1 B
Article 19 1 A Article 19 UDHR
Article 19 1 C Article 23 UDHR

KESHAVNANDA cases says UDHR may not be legally binding instrument it show how india
understood the nature of human right

5/04/2024
Friday
Constitutional interpretation in Indian is heavily inspired by treaties
Chandrima das vs chairman railway board
Adopted by the global community and has int. recognizing therefore applicability of UDHR
must be read into the domestic jurisprudence

human right when get upgraded as fundamental they become even more their viabity
become more and less sacrosanct
FR state, judicially are far more sensitivity you can approach highest court of law they are
less inviable therefore courts are very sensitive
Doner privacy first of all and curbing of black money is fitting in the scheme of
when state is restricting some FR the restriction only be reasonable by reasonability is least
restrictive measures should be used in Aadhar judgement also laid upon descending
judgement by J. chandchud said that the proportionality test is dominate best practice for
resolving dispute that involve either a conflict between 2 right claims or between a right and
legitimate government interest the test is to guard against arbitrary action so state can
extinguish the right completely

electoral bond case state argue curving black money is state interest and doner anominity is
also
SC said applying the porpetinality test since case involves balances faces of 2 FR we have to
look at what proportional this right is applied right to know defiantly supersede autonomy
Right to aunomity is only be protected by 20k only upper to that state have to disclose
Court further said when right isw directly waved against state action right to life is put to
test agaist. State action

What role judiciary play

Judicial intervention is broken in 3 Phase
1.) Perpetuity phase
2.) Adjucation phase
3.) Post proceeding phase
HRBA human rights base approach
How judicially categorise HRBA
The moment we start talking about HR be by default talk about
This approach identify stakeholder of rights. who has rights? What are those freedom and
entitlements respect to those right ?
Who are the Duty bearer and encourages duty bearers to fulfil the obligation as in context to
hr based approach continuously judicially asserts that duty bearer accountably

Institutional framework spefically created for promotion protection and fulfilment of HR

In India there are 3 kinds of bodies
1.) constitutional bodies : which are mention in constitution itself
What are those institution and by virtue of those institution they have specific and any
changes are done by constitutional amendment
Election commission article 324
Office of CAG Article148
National commission for SC Article 338
Nation commission on ST Article 338 A
National commission of backward class Article 338 B

2.) Next set of body are statutory bodies : they are essentially non constitutional but they are
very important body they have being bought to life through acts, the synomious to human
right are NHRC it is statutory body constituted on 10 Dec 1993 likewise NCW is bought
through national commission of women in 1993
National commission of minority : they make their own rules they play important role

3.) Non statutory body :

International workshop on national institution for promotion and protection of HR it was

basically a meeting of various hr body of various body of the world
Global alliance of national human right institution GANHRI was established it has peer
review mechanism which periodically review the working condition of the organization
They check on the basis of Paris principle

What are Paris principles :

Those practice which NHRI should follow on this basis we will look at our own NHRI and
critics it :

1.) They should have broad mandate i.e. scope of functioning must be larger protect,
promote, survey all kind of human rights, it means that they should be empowered by state or
the parent Act without any restriction
2.) They should have broad functioning i.e. they should have diverse range of function to
perform protection promotion and fulfilment and also to advice they should have function to
receive complain from the individual engaging the adversary effect awareness and education
3.) They should be independent from Government: off course they are part of state
mechanism however they should be independent from state interference and independent can
be enshrine in the legislature or condition itself
4.) Next principle is pluralism: in the composition NHRC should reflect diversity and
represent various social group, it should reflect diversity of interest all relevant stake holder
addressing diversity
5.) adequate power : should have sufficient powers to function power to Suo moto cognise,
consult with any state government consult with federal unit state themselves and also
adequate power to whole perpetrator of accountable
6.) Adequate resources : they should have adequate resources including funding staffing
necessary infrastructure
7.) they have to work in cooperation : they have to cooperate with government NGOs civil
society to their exchange of information and work towards common challenges, All NHRI
talk to each other they have to collaborate with international bodies and all such things

18/04/2024
Thursday
Human rights means right related to life, dignity, liberty, equality of the individual
guaranteed by the constitution or embodied in the international convent and enforceable by
courts in India

Armed forces means naval, military and air forces and includes any other arm forces
Chairperson who has being Chief justice of India and judge of supreme court or chief justice
of High court

Out of 3 one has to be women

fourth set of members are experts these members are full time member

Appointment procedure
Appointment of chairperson is done by president and committee is formed headed by PM
speaker of both houses minister of home affairs leader of opposition of Lok and Rajya Sabha
as deputy chairman of Rajya Sabha

Removal procedure so chairperson can only be removed by president of India on ground of

prude misbehaviour after SC is duly enquired this procedure is difficult.

Power of functions chapter 3 section 12

Functions are broad enough
1.) enquire either Suo moto or submission of petition by individual commission can enquire
about violation of HR
2.) enquire about negligence in the prevention of such violation by public officers
3.) Act as intermediary it can request to courts of law it can visit jails and other features under
control of state government for the purpose of treatment, reformation and protection
4.) It can review the safeguard provided by state and recommend effective measures and
undertake and promote research in the field of HR,
5.) encourage NGO working in the field of HR

Commission shall have power of civil court to act as such court

After enquiring if the commission after it may recommend action against public servant or
any authority to make payment of compensation,
approach SC or HC to order Writs to give directions with issue
Recommend to concern government to grant immediate relief
Commission cant directly enforce but it can sent a copy of enquiry report to the government
and GOV must respond to report within period of 1 month telling commission what action
had been taken it put pressure upon the government

Procedure with Arm forces Sec. 19 is most critic one

If any violation of NHRC doesn’t have power to and ask for response for the government
Section 21 onwards are state HR commission is formed

now we moved on to the last segment the critics

This composition is criticise :\
1.) definition of HR is restricts it leaves out expressly social economic and cultural nature
2.) Also, while Paris commission mandate broader power , power of enquiry of NHRC and
authority of NHRC to obtain help from state is only with respect to cases investigation
3.) South African provides all state should provide commission such assistance as may be
required for effective exercise of power and duty
3.) Appointment critics : if you look at search committee it doesn’t have any representation
from outside of government
4.) Independence of commissioners these commissioner re supposed to independent and give
accommodation

Article 36
NATIONAL FUNCTION FOR MINIORITY
When there are different interest competing with each other utrianining number who may not
have voices as strong as majority this idea of constituting the minority interest start to come
and constitutionalizing need to be only here, w.e.t this policy consideration we have various
organization, this is all institutional protecting, there should be some mechanism to protect
the right and interest of those people who are weak and vernacular and it must flow through
the constitution either in firm of constitutional guarantee or statutory constitution some of
those constituoonal institutional has being now terms as guarantee institutional they are even
more important to put in specific function to perform “watchdogs” all of this are guarantee
institutions.
1984- national minority commission under the ministry of welfare
Section 9(1) minority act function of commission

Challenges :
Common to all institution
1.) capacity challenge : Human resource scarcity if commission are challenged it significantly
it limit their ability to perform broad sense of function
2.) lack of integration between state and national minority commissions
3.) easily challenged in court of law
4.) roughly 16 state have state minority commission and even more disfunctions
5.) less budgetary allocation
24th April, 2024
State have more obligation to maintain the sanctity of the organisation
National commission for backward classes
This is expressive example of constitutional entrancement its politically loaded things
By constitutional amendment act NCBC upgraded to statutory to constitutional and degree of
guarantee increases
1953-
1979-
Indra swami case SC directed a government to create a permanent body to examine the
inclusion and exclusion of backward classes
Guiding article is 340 of constitution which deals with identifying the social and
educationally backward classes understand the condition of their backwardness and then
bring out the reform
102 constitutional amendment act produce 2 more article 338B and 342A 338B provides
authority to examine complain and welfare measure regarding socially and economically
backward class Article 342 empowers the president to includes the castes into it,

Limitation if power is recommendatory they also the critical of backward is dynamic and
many time SC directed that appointment should be in adverse manner the composition
doesn’t include gender inclusivity
Vote bank politics overshadow entire things politics often overshadows any genuine
development which may be their people want to remain backward constitutionally and
progressive in life
Election commission of India is that watch dog which safeguard the civil and political right
that why it’s being constitutionalized it is autonomous constitutional body under part 15 of
XV which deal with election commission they administrate election of Lok Sabha Rajya
Sabha and president
324 till 329 of constitution deals with power function tenure of the commission and member
etc
25/04/2024
Thursday

So the global south where hr is to very solid those kinds of society try to entrenched some of
HR into their constitution by default acquire the higher status this is known as 4 th pillar
[Link] commission, electoral commission, central banks, regulatory bodies this are
example

Now guarantors constitution is tailor made institution it is designed to protect the certain
rights foo example what rights to civil and political it also protect another right which is not
directly attributed to constitution e.g.- right of equality, voting right etc however this main
focus is to protect and constitutionally entrenchment empowers them into performing those
function and also in process of empowering them it give certain capacity i.e. expressive and
material capacity, expressive capacitive is expressive public at large how NCW have its
expressive capacity and is by communicating the government this is a red flag. Purpose is to
provide incredible and enduring guarantee for specific norms
They are also there to protect certain norms non self-enforcing this norms and rights and they
have to be made operational nobody will cast a vote until there is no platform election
commission protect it by giving them platform, powerful actor have power to dilute them
they can abolish election commission
1.) In constitutional design have to entrenched in their own internal design
2.) they have to vested with their protection to enforcing non self-enforcing enforcing norms
26THAPRIL,2024
Friday

This is also known as risk deduction strategy. To invest in this institution with enduring
guarantee one of the way in which we enable to perform sensitive function need to be
safeguarding and this is don’t by internal institutional design which is very difficult to change
and constitutional guarantee that they are supposed to give us is also a risk mitigation
strategy.
2.) They have to respect the norms and act on any breach of the norms, to criticize and reform
the norms
This gives duties well gives them institutional creditability however this is not strategy
concept this depends on political cultures in society that are relievable stable affluent political
stable and where the degree of political trust is more they are more enduring in conflict
ridden society this institutional guarantee may be weaken what was supposed to be guarantee
institution it can be degenerated in ordinary or regulatory institutions
Simone De Beauvoir
Kate millet – gender is sum total of the parents the peers and culture motions as to what is
appropriate to each gender by way of temperament by way of character, status, worth

Charles Cooler – tells us looking from society lens or glass, women are expected to be shy
where man are wild

Is gender identity : Gender identity is each person's internal and individual experience of
gender. It is a person's sense of being a woman, a man, both, neither, or anywhere along the
gender spectrum. A person's gender identity may be the same as or different from their birth-
assigned sex.
Yogyakarta principle is each person internally felt internal and individual experience of
gender which may and may not confers sex assigned at birth
Ministry of Utmost happiness - Novel by Arundhati Roy
Male and female – binary
Between – Non binary
Gender queer –
Gender fluid – they might change their orientation they are 2 sprite people they can act like
man and another day they can act like female

Male -------non binary-------------------------------- female

Gender queer
Or gender fluid

Gender expression is how a person publicly presents their gender. This can include
behaviour and outward appearance such as dress, hair, make-up, body language and voice
Man will wear certain type of dress and if women will wear certain type of dress if not then
you will cross-dress.
Gender expression is extinct from gender identity

Sexual orientation : Yogyakarta principle refers to each person capacity for profound
emotional affectional and sexual attraction to intimate an sexual relation with individual of
different gender or same gender or more then one gender
Gender role stereotyping refers to expectation believes and norms that society imposes
based on their gender this stereotype dictate how people should behave ac to traditional
gender norms

Norms – Binary , heterosexual gender role conformity, CIS – Gender

Deviance – Non binary, Homosexual, Deviance, trans, LGBTQIA+ (this is deviance in 2 way
gender and sexuality)

Homosexuality
Court had taken toward discriminations of sexuality primary through judicial outreach
It has being traditionally criminalized in multiple legislature with different mindset with anti-
bubbly law ( natural sex) all of that considered to be natural in nature which were there for
long time that resulted in discrimination in transgender, first victims were transgender
1870 Act created eunuch they were supposed to be registered under act and they are under
suspected tribes

Duggen vs UK
Clearly pronounced that law criminalizing homosexual act between adult they violated the
right to respect for privacy life

Laurence vs Taxes US supreme court

Any firm of criminal punishment to all form of private conceptual and non-procreative sexual
activity between 2 individuals are unconstitutional
They touched upon notion of personal autonomy

Norwood Vs UK
Also similar judgement is passed by EU court disclosure of gender identity without any
personal is violation

PIL is filed by NAZ FOUNDATION to decriminalise certain section of section 377 it blanket
criminalise all sexual act against the order of nature one of the pronounced victims is
transgender so Naz foundation contented
Matter come up in Delhi court division bench justice mulidhar such a contention under article
377 violated under right to privacy right to dignity and all and also court also inhent the it
guarantee the inequality enshrine in article 14 and there is no ground for reasonable
classification between hetero and homo sexual
Public morality even it is against directed toward homosexual is no more
Court interpreated sex broadly its also include sexual orientation

Then come SK Kaushal case Vs NAZ foundation in this case division bench of SC
recriminalized section 377 and ground were : textual interpretation of article 377 it doesn’t
explicate between concentual and non concentual, law making taken into consideration of
public morality and blindly aping the international disclosure is not suitable we have to
understand the bais of social value etc
Even our constitution describe certain reasonable restriction and morality is one the them
And last point anyways it is issue which impact a small no. of society and therefore even it
remain criminalized doesn’t matter
Therefore its undesirable and over turn delhi court devision bech decision