Human Rights Notes

CIVIL LIBERTIES

The term Civil Liberties refers to those freedoms and rights which protect individuals from
arbitrary interference by the State. Civil liberties are essential for the development of human
personality and for maintaining democratic governance. They ensure that every individual
enjoys a sphere of freedom within which he or she can act without unnecessary restrictions.

Civil liberties are often regarded as negative obligations on the State because they require the
State to refrain from interfering with individual freedom except according to law.

Important Civil Liberties

1. Right to Life and Personal Liberty

The right to life is the most fundamental of all rights. Every person has the right to live with
dignity and security. In India, Article 21 of the Constitution provides that no person shall be
deprived of his life or personal liberty except according to procedure established by law.

2. Freedom of Speech and Expression

This liberty enables individuals to express their opinions freely through speech, writing,
publication, art and other means. Article 19(1)(a) of the Indian Constitution guarantees
freedom of speech and expression subject to reasonable restrictions.

3. Freedom of Religion

Every person has the freedom to profess, practice and propagate religion. Articles 25 to 28 of
the Constitution guarantee religious freedom.

4. Freedom of Movement

Every citizen has the right to move freely throughout the territory of India.

5. Freedom of Assembly

Citizens have the right to assemble peacefully and without arms.

6. Freedom of Association

Citizens may form associations, unions and organizations for lawful purposes.
Importance of Civil Liberties

1. Protect individual freedom.

2. Promote democratic governance.

3. Prevent arbitrary governmental action.

4. Safeguard human dignity.

5. Encourage political participation.

Civil liberties have been repeatedly recognized by international human rights instruments
including the UDHR and ICCPR.

HUMAN RIGHTS UNDER THE UNITED NATIONS CHARTER

The Charter of the United Nations, adopted on 26 June 1945 and enforced on 24 October
1945, is the first international treaty to recognize the promotion and protection of Human
Rights as one of the principal objectives of the international community.

The horrors of the Second World War convinced the nations of the world that international
peace could not be achieved without protecting human dignity and fundamental freedoms.

Objectives of the United Nations

According to Article 1 of the Charter, the purposes of the United Nations include:

1. Maintaining international peace and security.

2. Developing friendly relations among nations.

3. Achieving international cooperation.

4. Promoting respect for Human Rights and Fundamental Freedoms.

Human Rights Provisions in the Charter

Article 1(3)

Provides that one of the purposes of the United Nations is to promote and encourage respect
for Human Rights and fundamental freedoms without distinction of race, sex, language or
religion.
Article 55

The United Nations shall promote:

 Higher standards of living.

 Economic and social progress.

 Universal respect for Human Rights.

Article 56

Member States undertake to take joint and separate action in cooperation with the United
Nations for the achievement of Human Rights objectives.

Importance of the UN Charter

1. First international recognition of Human Rights.

2. Foundation of modern international human rights law.

3. Inspired the Universal Declaration of Human Rights.

4. Led to development of international human rights treaties.

PROMOTION AND PROTECTION OF HUMAN RIGHTS BY THE UNITED

NATIONS

The United Nations plays a central role in the promotion and protection of Human Rights
throughout the world.

The UN performs this role through various organs, agencies, commissions and treaty bodies.

Methods Used by the United Nations

1. Standard Setting

The UN formulates international standards relating to Human Rights.

Examples:

 Universal Declaration of Human Rights, 1948.

 ICCPR, 1966.

 ICESCR, 1966.
2. Monitoring

The UN monitors compliance with human rights obligations.

3. Technical Assistance

The UN assists governments in implementing human rights standards.

4. Investigation

The UN investigates serious human rights violations.

5. Awareness Programmes

The UN conducts educational and awareness programmes regarding Human Rights.

Major UN Bodies

General Assembly

Adopts declarations and conventions.

Economic and Social Council (ECOSOC)

ECOSOC is one of the principal organs of the United Nations.

Functions:

 Coordinates economic and social activities.

 Promotes Human Rights.

 Supervises specialized agencies.

 Earlier supervised the Commission on Human Rights.

Human Rights Council

Established in 2006 to replace the Commission on Human Rights.

Functions:

 Reviews Human Rights records of States.

 Investigates violations.

 Recommends corrective measures.

Universal Declaration of Human Rights (UDHR)

Introduction

The Universal Declaration of Human Rights (UDHR) is the foundational international

document on human rights, adopted by the United Nations General Assembly on 10
December 1948 in Paris. It was drafted in response to the atrocities of the Second World War
and established a common standard of achievement for all peoples and nations. Though not
legally binding, the UDHR has inspired numerous constitutions, treaties, and national laws
across the world. It consists of a Preamble and 30 Articles that recognize the inherent dignity,
equality, and inalienable rights of all human beings.

Article 1 – Equality and Dignity

All human beings are born free and equal in dignity and rights. They possess reason and
conscience and should act towards one another in a spirit of brotherhood.

Article 2 – Non-Discrimination

Everyone is entitled to all rights and freedoms in the Declaration without distinction of race,
colour, sex, language, religion, political opinion, national or social origin, property, birth, or
any other status.

Article 3 – Right to Life, Liberty and Security

Every individual has the right to life, liberty, and personal security, which are essential for
human existence and freedom.

Article 4 – Freedom from Slavery

No person shall be held in slavery or servitude. Slavery and the slave trade are prohibited in
all forms.

Article 5 – Freedom from Torture

No one shall be subjected to torture, cruel, inhuman, or degrading treatment or punishment.

Article 6 – Recognition Before the Law

Every person has the right to be recognized as a person before the law everywhere.

Article 7 – Equality Before the Law

All individuals are equal before the law and are entitled to equal protection against
discrimination and violations of rights.

Article 8 – Right to Effective Remedy

Everyone has the right to an effective remedy by competent national tribunals for acts
violating fundamental rights granted by law.

Article 9 – Freedom from Arbitrary Arrest

No person shall be subjected to arbitrary arrest, detention, or exile.

Article 10 – Fair and Public Hearing

Everyone is entitled to a fair and public hearing by an independent and impartial tribunal in
determining rights and obligations.

Article 11 – Presumption of Innocence

A person charged with a penal offence is presumed innocent until proven guilty according to
law in a public trial with necessary guarantees for defence.

Article 12 – Right to Privacy

No one shall be subjected to arbitrary interference with privacy, family, home,

correspondence, or attacks upon honour and reputation.

Article 13 – Freedom of Movement

Everyone has the right to move freely within a state and to leave and return to their country.

Article 14 – Right to Seek Asylum

Every person has the right to seek and enjoy asylum in other countries from persecution,
subject to certain limitations.

Article 15 – Right to Nationality

Everyone has the right to a nationality and cannot be arbitrarily deprived of it or denied the
right to change it.

Article 16 – Right to Marriage and Family

Men and women of full age have the right to marry and found a family with free and full
consent. The family is entitled to protection by society and the state.
Article 17 – Right to Property

Everyone has the right to own property alone or in association with others and shall not be
arbitrarily deprived of property.

Article 18 – Freedom of Thought, Conscience and Religion

Every individual has the freedom to hold beliefs, change religion, and manifest religion or
belief in teaching, practice, worship, and observance.

Article 19 – Freedom of Opinion and Expression

Everyone has the right to hold opinions without interference and to seek, receive, and impart
information and ideas through any media.

Article 20 – Freedom of Assembly and Association

All persons have the right to peaceful assembly and association, and no one may be
compelled to belong to an association.

Article 21 – Participation in Government

Everyone has the right to take part in the government of their country directly or through
freely chosen representatives and to have equal access to public service.

Article 22 – Right to Social Security

Every individual, as a member of society, has the right to social security and the realization of
economic, social, and cultural rights necessary for dignity.

Article 23 – Right to Work

Everyone has the right to work, free choice of employment, just and favourable conditions,
equal pay for equal work, and protection against unemployment.

Article 24 – Right to Rest and Leisure

Every person has the right to rest, leisure, reasonable limitation of working hours, and
periodic paid holidays.

Article 25 – Right to Adequate Standard of Living

Everyone has the right to a standard of living adequate for health and well-being, including
food, clothing, housing, medical care, and social services.
Article 26 – Right to Education

Education is a fundamental right and shall be directed towards the full development of the
human personality, respect for human rights, and promotion of understanding and peace.

Article 27 – Right to Participate in Cultural Life

Everyone has the right to participate in cultural life, enjoy the arts, share scientific
advancement, and receive protection for moral and material interests arising from intellectual
creations.

Article 28 – Right to a Social and International Order

Every person is entitled to a social and international order in which the rights and freedoms of
the Declaration can be fully realized.

Article 29 – Duties to the Community

Individuals have duties to the community, and rights may be subject only to limitations
determined by law for securing respect for others and public welfare.

Article 30 – Protection of Rights

No state, group, or person may engage in any activity aimed at destroying the rights and
freedoms set forth in the UDHR.

Conclusion

The UDHR is regarded as the Magna Carta of modern human rights. Its 30 Articles
collectively guarantee civil, political, economic, social, and cultural rights and continue to
serve as the cornerstone of international human rights law and global efforts to protect human
dignity.

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL

RIGHTS (ICESCR), 1966

Introduction

The Universal Declaration of Human Rights, 1948 proclaimed a wide range of Human
Rights. However, it was only a declaration and therefore lacked legal binding force. To
provide legal recognition and protection to Human Rights, the United Nations adopted two
important covenants in 1966:
 1. International Covenant on Civil and Political Rights (ICCPR)

2. International Covenant on Economic, Social and Cultural Rights (ICESCR)

The ICESCR was adopted by the United Nations General Assembly on 16 December 1966
and came into force on 3 January 1976. India acceded to the Covenant in 1979.

Together with the UDHR and ICCPR, the ICESCR forms part of the International Bill of
Human Rights.

To provide legal force to human rights, the United Nations adopted two major treaties in
1966:

International Covenant on Civil and Political Rights (ICCPR)

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Meaning of ICCPR

Full Form

International Covenant on Civil and Political Rights

Adoption

Adopted by the United Nations General Assembly on:

16 December 1966

Entry into Force

23 March 1976

after receiving the required number of ratifications.

Background of ICCPR

After the adoption of the UDHR in 1948, member states wanted a legally binding document.

There was disagreement regarding:

Civil and political rights Economic and social rights

As a result, the UN decided to draft two separate treaties:

ICCPR
Protecting civil and political rights.

ICESCR

Protecting economic, social, and cultural rights.

Together with the UDHR, these treaties form the:

International Bill of Human Rights.

Objectives of ICCPR

The main objectives are:

1. Protection of Individual Freedom

To protect individuals from arbitrary state action.

2. Promotion of Human Dignity

To ensure respect for human personality.

3. Rule of Law

To guarantee fairness and justice.

4. Democratic Participation

To protect participation in public affairs.

Nature of Rights under ICCPR

The ICCPR mainly protects:

Civil Rights And Political Rights

These rights require states primarily to refrain from unjust interference.

Example:

The state should not arbitrarily arrest a person or suppress free speech.

Structure of ICCPR

The Covenant contains:

Preamble
53 Articles

6 Parts

Important Rights Guaranteed under ICCPR

Article 6

Right to Life

Every human being has the inherent right to life.

The state must protect life through law.

This is one of the most fundamental rights.

Example

Protection against unlawful killings and extrajudicial executions.

Article 7

Freedom from Torture

No person shall be subjected to:

Torture

Cruel treatment

Inhuman punishment

Degrading treatment

Example

Custodial torture is prohibited.

Article 8

Freedom from Slavery

Prohibits:

Slavery

Servitude
Forced labour

Article 9

Right to Liberty and Security

Protects individuals from:

Arbitrary arrest

Illegal detention

Every arrested person must be informed of the reasons for arrest.

Article 10

Humane Treatment of Prisoners

All persons deprived of liberty must be treated with dignity.

Principle

Loss of liberty does not mean loss of humanity.

Article 14

Right to Fair Trial

Every person is entitled to:

Fair hearing

Independent tribunal

Presumption of innocence

Legal defence

Importance

One of the cornerstones of criminal justice.

Article 15

No Retrospective Criminal Laws

A person cannot be punished for an act which was not a crime when committed.
Example

Ex post facto criminal laws are prohibited.

Article 16

Recognition as a Person before Law

Every human being has legal personality.

Article 17

Right to Privacy

Protection against:

Arbitrary interference with privacy

Unlawful attacks on honour and reputation

Modern Relevance

Data protection and digital privacy.

Article 18

Freedom of Thought, Conscience and Religion

Individuals have freedom to:

Think freely

Practice religion

Change religion

Article 19

Freedom of Expression

Everyone has the right to:

Hold opinions

Seek information

Receive information
Impart information

Importance

Foundation of democratic society.

Article 21

Freedom of Peaceful Assembly

People may gather peacefully.

Example

Public meetings and peaceful protests.

Article 22

Freedom of Association

Includes the right to:

Form associations

Join organizations

Form trade unions

Article 25 Political Participation

Citizens have the right:

To vote

To contest elections

To participate in public affairs

Article 26

Equality before Law

All persons are equal before the law.

Discrimination is prohibited.

Article 27
Rights of Minorities

Ethnic, religious, and linguistic minorities have the right to enjoy their culture and practice
their religion.

Derogation of Rights

Article 4

In times of public emergency, states may temporarily suspend certain rights.

Examples:

War

National emergency

Serious threats to public order

However, some rights can never be suspended.

Non-Derogable Rights

Certain rights remain protected even during emergencies.

These include:

Right to Life (Article 6)

Freedom from Torture (Article 7)

Freedom from Slavery (Article 8)

Freedom from Retrospective Criminal Laws (Article 15)

Recognition before Law (Article 16)

Freedom of Thought and Religion (Article 18)

These are called: Non-Derogable Rights

Monitoring Mechanism under ICCPR

A treaty is effective only when implementation is monitored.

For this purpose, the ICCPR established:

Human Rights Committee

Established under Part IV of the Covenant.

Composition

18 independent experts

Elected by States Parties

Serve in their personal capacity

Functions

1. Examine State Reports

Countries must periodically submit reports regarding implementation.

2. Issue Recommendations

The Committee gives observations and suggestions.

3. Interpret Covenant Provisions

Through General Comments.

Optional Protocols

First Optional Protocol (1966)

Allows individuals to submit complaints before the Human Rights Committee after
exhausting domestic remedies.

Importance

Provides international protection to individuals.

Second Optional Protocol (1989)

Aims at abolition of the death penalty.

ICCPR and India

India’s Position

India acceded to the ICCPR in 1979.

Therefore, India is bound to respect and implement its provisions.

Judicial Use of ICCPR in India

Indian courts frequently refer to international human rights instruments.

Principle

Where domestic law is silent and there is no inconsistency, courts may rely upon international
conventions.

Important Case

Vishaka v. State of Rajasthan

The Supreme Court used international human rights principles while developing guidelines
against workplace sexual harassment.

Although this case primarily relied on women’s rights conventions, it demonstrated the
importance of international human rights law in India.

Criticisms of ICCPR

1. Weak Enforcement

The Human Rights Committee cannot enforce decisions like a court.

2. State Sovereignty Concerns

Some countries resist international scrutiny.

3. Political Violations Continue

Many states remain parties to the Covenant yet continue violating human rights.

Importance of ICCPR

The ICCPR is important because it:

Gives legal force to civil and political rights.

Protects individuals from abuse of state power.

Strengthens democracy.

Promotes rule of law.

Influences national constitutions and courts.

It remains one of the most influential human rights treaties in the world.
Objectives of ICESCR

The principal objectives of the Covenant are:

1. To ensure social justice.

2. To improve standards of living.

3. To guarantee economic security.

4. To promote human dignity.

5. To ensure equal opportunities for all persons.

The Covenant recognizes that political freedom alone is not sufficient unless individuals
enjoy economic and social well-being.

Rights Guaranteed under ICESCR

1. Right to Work

Every person has the right to gain a living through work freely chosen or accepted.

The State must take steps to:

 Reduce unemployment.

 Provide vocational training.

 Create employment opportunities.

2. Right to Just and Favourable Conditions of Work

Workers are entitled to:

 Fair wages.

 Equal remuneration for equal work.

 Safe and healthy working conditions.

 Reasonable working hours.

 Paid holidays.

3. Trade Union Rights

Workers have the right:

 To form trade unions.

 To join trade unions.

 To strike for protection of their interests.

4. Right to Social Security

The Covenant recognizes the right of every individual to social security including:

 Unemployment benefits.

 Disability benefits.

 Old age pensions.

 Insurance schemes.

5. Protection of Family

The family is recognized as the natural and fundamental unit of society.

Special protection must be given to:

 Mothers.

 Children.

 Young persons.

6. Right to an Adequate Standard of Living

Every person has the right to:

 Adequate food.

 Adequate clothing.

 Adequate housing.

7. Right to Health

Every person has the right to enjoy the highest attainable standard of physical and mental
health.

States must provide:

  Medical facilities.

 Disease prevention programmes.

 Public health measures.

8. Right to Education

Education should be directed towards the full development of the human personality.

The Covenant encourages:

 Free primary education.

 Equal access to higher education.

9. Cultural Rights

Every person has the right:

 To participate in cultural life.

 To enjoy scientific progress.

 To benefit from artistic and scientific achievements.

Implementation of ICESCR

The implementation of the Covenant is supervised by the Committee on Economic, Social

and Cultural Rights (CESCR).

The Committee examines reports submitted by States and recommends measures for better
implementation.

Significance of ICESCR

1. Recognizes second-generation Human Rights.

2. Promotes social and economic justice.

3. Protects vulnerable sections of society.

4. Complements civil and political rights.

5. Contributes to human development.

INFLUENCE AND LEGAL EFFECTS OF THE UNIVERSAL DECLARATION OF
HUMAN RIGHTS (UDHR)

Introduction

The Universal Declaration of Human Rights was adopted by the United Nations General
Assembly on 10 December 1948. It is regarded as the Magna Carta of Human Rights.
Although it is not legally binding, it has greatly influenced international and domestic legal
systems.

Influence of UDHR

1. Foundation of International Human Rights Law

The UDHR became the basis for:

 ICCPR, 1966

 ICESCR, 1966

2. Influence on National Constitutions

Many countries incorporated UDHR principles into their constitutions.

3. Influence on India

Several Fundamental Rights in the Indian Constitution reflect UDHR provisions.

UDHR Rights Indian Constitution

Equality Articles 14–18

Freedom Articles 19–22

Protection from Exploitation Articles 23–24

Religious Freedom Articles 25–28

Education Article 21A

Legal Effects of UDHR

Though not legally binding:

1. It is regarded as customary international law.

 2. Courts frequently rely on it while interpreting laws.

3. It influences legislation throughout the world.

4. It serves as a moral and legal guide for governments.

Importance

1. First comprehensive statement of Human Rights.

2. Inspired international human rights treaties.

3. Promotes equality and dignity.

4. Protects individuals against oppression.

INTERNATIONAL COVENANTS ON INHUMAN ACTS

Meaning

Inhuman acts are acts that cause severe physical or mental suffering and violate human
dignity.

Examples:

 Torture.

 Cruel punishment.

 Custodial violence.

 Forced labour.

 Genocide.

 Racial discrimination.

Convention Against Torture (CAT), 1984

Meaning of Torture

Torture means intentionally inflicting severe physical or mental pain on a person for:

 Obtaining information.

 Extracting a confession.

 Punishment.
  Intimidation.

Important Principles

1. Absolute Prohibition

No exceptional circumstances can justify torture.

2. Criminalization

States must make torture a criminal offence.

3. Investigation

All allegations of torture must be investigated.

4. Compensation

Victims must be provided remedies and compensation.

Important Articles

Article 1 – Definition of Torture

Article 2 – No exceptional circumstances justify torture

Article 3 – Non-refoulement

Article 4 – Criminalization of torture

Article 14 – Compensation to victims

Article 15 – Statements obtained by torture cannot be used as evidence

DEATH PENALTY AND HUMAN RIGHTS

Meaning

Death penalty or capital punishment refers to the execution of a person convicted of a serious
criminal offence.

It is the most severe punishment recognized by law.

Human Rights Perspective

The issue of death penalty creates a conflict between:

 Right to Life.
  Interests of Justice.

 Public Safety.

Arguments in Favour of Death Penalty

1. Deterrence

Fear of execution discourages serious crimes.

2. Retributive Justice

Serious crimes deserve severe punishment.

3. Protection of Society

Dangerous criminals cannot reoffend.

Arguments Against Death Penalty

1. Violation of Right to Life

Every human being has an inherent right to life.

2. Possibility of Wrongful Conviction

Judicial errors may result in execution of innocent persons.

3. Human Dignity

Execution is considered inconsistent with human dignity.

4. Lack of Proven Deterrence

Research has not conclusively shown that death penalty reduces crime.

Position under ICCPR

Article 6 recognizes the right to life.

Death penalty may be imposed only:

 For the most serious crimes.

 After a fair trial.

 According to law.
  Subject to appeal.

Death Penalty in India

India retains capital punishment.

However, it is imposed only in exceptional circumstances.

Bachan Singh v. State of Punjab (1980)

The Supreme Court held that:

Death penalty is constitutional but should be imposed only in the "Rarest of Rare Cases."

Conclusion

International Human Rights law increasingly favours restriction and abolition of the death
penalty, while balancing the interests of justice and public safety.