1.

Human Rights – Meaning, Origin and Development

Introduction
Human rights are the basic rights and freedoms that belong to every human being by virtue of
being human. These rights are universal, inalienable, indivisible, and essential for living a life of
dignity, equality, and freedom. Human rights are guaranteed irrespective of race, religion, caste,
sex, nationality, language, or any other status.

Definition of Human Rights

According to Harold J. Laski:
―Rights are those conditions of social life without which no person can seek, in general, to be
himself at his best."
According to the United Nations:
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status.
According to the Protection of Human Rights Act, 1993 (India), Section 2(1)(d)Human
rights mean the rights relating to life, liberty, equality, and dignity of the individual guaranteed by
the Constitution or embodied in international covenants and enforceable by courts in India.
Examples of Human Rights
The examples of human rights are:
 Right to equality (Article 1)
 Right to life, liberty and security (Article 3)
 Freedom from torture and degrading treatment (Article 5)
 Freedom from slavery (Article 4)
 Right to education (Article 26)
 Right to peaceful assembly and association (Article 20)
 Right to adequate living standard (Article 25)
 Freedom of Belief and Religion (Article 18)
 Freedom of Opinion and Information (Article 19)

Characteristics of Human Right

1. Human rights are universal.
2. They are inherent and natural.
3. They are inalienable and cannot be taken away arbitrarily.
4. They are indivisible and interdependent.
5. They protect human dignity.
6. They are enforceable through legal systems.
7. They promote equality, justice, and freedom.
Origin of Human Rights
1. Ancient Period (3000 BCE – 500 CE)
The concept of human rights originated from ancient civilizations such as India, Greece, Rome,
and China. Indian scriptures like Code of Hammurabi, Reform of Ashoka, the Veda, Upanishads,
and Buddhist teachings emphasized justice, equality, non-violence, and respect for human dignity.
Greek philosophers like Aristotle discussed justice and natural law.
2. Medieval Period (500 CE – 1500 CE)
During the medieval period, the power of kings was gradually restricted. The Magna Carta (1215) in
England was the first major document to limit the authority of the King and recognize certain rights
of citizens, laying the foundation for constitutional government.
3. Renaissance and Enlightenment Period (15th–18th Century)
Thinkers such as John Locke, Jean-Jacques Rousseau, and Montesquieu developed the theories of
natural rights, liberty, equality, and social contract. These ideas greatly influenced modern human
rights. The American Declaration of Independence (1776 )proclaimed that all men are created equal
and possess the rights to life, liberty, and the pursuit of happiness. The French Revolution (1789)
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introduced the ideals of Liberty, Equality, and Fraternity, and the Declaration of the Rights of Man
and of the Citizen recognized fundamental rights .
4. Modern Period (1945–Present)
After the World War II, the United Nations was established in 1945 to promote peace and human
rights. The Universal Declaration of Human Rights (1948) became the foundation of international
human rights law. Later, the ICCPR (1966) and ICESCR (1966) further strengthened the protection
of human rights worldwide. In India, the Constitution (1950) guarantees Fundamental Rights, and
the Protection of Human Rights Act, 1993 established the National Human Rights Commission
(NHRC)

Development of Human Rights

1. Formation of the United Nations (1945)
After the devastation of the World War II, the United Nations was established in 1945 to maintain
peace and promote human rights
The UN Charter declared the promotion of human rights as one of its principal objectives.
2. Universal Declaration of Human Rights (UDHR), 1948
The most significant milestone in human rights development was the adoption of the Universal
Declaration of Human Rights on 10 December 1948 by the UN General Assembly.
3. International Human Rights Covenants (1966)
The UN adopted two major treaties:
(a) International Covenant on Civil and Political Rights (ICCPR)
(b) International Covenant on Economic, Social and Cultural Rights (ICESCR)
4. Human Rights in India
The Constitution of India strongly protects human rights through:
 Fundamental Rights (Part III)
 Directive Principles of State Policy (Part IV)
 Fundamental Duties (Part IVA)
5. Protection of Human Rights Act, 1993
India enacted the Protection of Human Rights Act, 1993 to strengthen human rights protection
It established:
* National Human Rights Commission (NHRC)
* State Human Rights Commissions
* Human Rights Courts

Recent Developments
1. Human Rights Conferences and Summits: Regular gatherings to address pressing human rights
issues.
2. United Nations Human Rights Council: Established in 2006 to promote and protect human
rights worldwide.
3. International Criminal Court: Created in 2002 to prosecute individuals for genocide, war crimes,
and crimes against humanity.
4. Human Rights Education and Awareness: Efforts to promote human rights education,
awareness, and advocacy globally.

Importance of Human Rights

1. Protect human dignity.
2. Promote equality and justice.
3. Prevent discrimination.
4. Safeguard individual freedoms.
5. Encourage democracy and rule of law.
6. Promote peace and social harmony.
7. Protect vulnerable groups.
8. Ensure overall human development.
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Conclusion
Human rights are the foundation of a just, democratic, and civilized society. Their evolution from
ancient moral principles to internationally recognized legal standards reflects humanity's
continuous struggle for justice, equality, and dignity. The adoption of the Universal Declaration of
Human Rights and the constitutional guarantees in India have significantly strengthened the
protection of these rights. It is the responsibility of both the State and every citizen to respect,
protect, and promote human rights for all.

2. Theories of Human Rights

Introduction
Human rights are the fundamental rights and freedoms inherent to every human being, irrespective
of race, religion, nationality, sex, language, or any other status. They are universal, inalienable,
indivisible, and interdependent. Various philosophers and jurists have developed different theories
to explain the origin, nature, and justification of human rights. These theories have significantly
influenced national constitutions and international human rights instruments.

Meaning of Theory of Human Right

A theory of human rights explains:

The origin of human rights.

Why human beings possess rights.

The relationship between individuals and the State.

The legal and moral basis for protecting human rights.

Theories of Human Right

1. Natural Rights Theory

Natural Rights Theory is the oldest and most influential theory. It states that human rights are
inherent, inborn, and belong to every person simply because they are human. These rights exist
independently of the State and cannot be taken away.
Origin: Developed by philosophers like John Locke, Thomas Hobbes, Jean-Jacques Rousseau
Main Features
 Rights are natural and universal.
 The State does not create rights but protects them.
 Every individual possesses equal rights.
Examples
 Right to Life
 Right to Liberty
 Right to Equality
 Right to Property
Merits
 Protects human dignity.
 Forms the basis of modern human rights.
 Inspired constitutional democracies.
Demerits
 Difficult to determine which rights are truly "natural."
 Ignores social and economic realities.

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2. Legal (Positivist) Theory

According to this theory, rights exist only because they are recognized and enforced by law. The
State is the source of rights.
Origin: Developed by philosophers like Jeremy Bentham, John Austin
Main Features
 Law creates rights.
 Courts enforce rights.
 Rights vary from one country to another.
Merits
 Provides legal certainty.
 Ensures effective enforcement.
Demerits
 Unjust laws may violate human rights.
 Gives excessive power to the State.

3. Utilitarian Theory
This theory states that rights should promote the greatest happiness of the greatest number of
people.
Origin: Developed by philosophers like Jeremy Bentham, John Stuart Mill
Main Features
 Social welfare is the ultimate goal.
 Rights are valuable only if they benefit society.
Merits
 Promotes public welfare.
 Encourages efficient governance.
Demerits
 Minority rights may be ignored.
 Individual liberty may be sacrificed.

4. Marxist Theory
According to this theory, human rights cannot be fully enjoyed unless economic inequality is
removed. Civil and political rights alone are insufficient without social and economic justice.
Origin: Developed by philosophers like Karl Marx
Main Features
 Economic equality is essential.
 Elimination of exploitation.
 Emphasis on social and economic rights.
Merits
 Promotes equality and social justice.
 Protects workers and weaker sections.
Demerits
 Gives less importance to civil liberties.
 May result in excessive State control.

5. Idealist (Moral) Theory

This theory considers human rights as moral rights based on justice, ethics, and human dignity.
Rights help individuals achieve moral and spiritual development.
Main Features
 Based on morality.
 Protects human dignity.
 Encourages ethical governance.
Merits
 Promotes justice and fairness.
 Recognizes the intrinsic worth of every individual.
Demerits
 Moral values differ among societies.
 Difficult to enforce legally.

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6. Universalist Theory
This theory holds that human rights belong equally to every human being regardless of nationality,
race, religion, gender, or culture.
Basis
The Universal Declaration of Human Rights recognizes that all human beings are born free and
equal in dignity and rights.
Main Features
 Universal application.
 Equality and non-discrimination.
 Protection of human dignity.
Merits
 Encourages international cooperation.
 Promotes global peace and justice.
Demerits
 Sometimes conflicts with cultural traditions.
 Implementation differs among countries.

[Link] Theory
Human rights are based on the autonomy and agency of individuals, who have the capacity to
make choices and exercise their will
Origin: Developed by philosophers like Immanuel Kant and Hannah Arendt. Implication: Human
rights are essential for individual autonomy, dignity, and self-respect

8. Social Contract Theory

According to this theory, individuals voluntarily surrender some freedoms to the State in return for
protection of their fundamental rights.
1. Origin: Developed by philosophers like Thomas Hobbes, John Locke, Jean-Jacques Rousseau
Main Features
 Government derives authority from the consent of the people.
 The primary duty of the State is to protect rights.
 If the government violates rights, people may resist it.
Merits
 Supports democracy.
 Ensures accountable government.
Demerits
 The social contract is hypothetical.
 Difficult to prove historical existence.

Conclusion
Theories of human rights provide different explanations for the origin, purpose, and protection of
human rights. Natural Rights Theory emphasizes inherent rights, Legal Theory focuses on State
recognition, Utilitarian Theory prioritizes public welfare, Marxist Theory stresses economic justice,
Idealist Theory is based on morality and dignity, Social Contract Theory highlights the relationship
between individuals and the State, and Universalist Theory recognizes human rights as belonging
to all people. Modern international human rights law, especially the Universal Declaration of
Human Rights and subsequent international conventions, incorporates principles from these
theories to ensure the protection of human dignity, equality, freedom, and justice worldwide.

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3. Kinds of Human Rights
Introduction
Human rights are the basic rights and freedoms that belong to every human being simply because
they are human. These rights are universal, inherent, inalienable, indivisible, and essential for
living a life of dignity, equality, and freedom. Human rights are available to all persons irrespective
of race, religion, caste, sex, nationality, language, or social status.
The modern concept of human rights gained international recognition after the adoption of the
Universal Declaration of Human Rights (UDHR), 1948 by the United Nations.

Definition of Human Rights

Section 2(1)(d) of the Protection of Human Rights Act, 1993 (India):
"Human rights mean the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants and enforceable by
courts in India."
Universal Declaration of Human Rights (1948):
Human rights are the rights and freedoms to which all human beings are entitled without
discrimination.
Harold J. Laski
"Rights are those conditions of social life without which no person can seek to be himself at his
best."

Characteristics of Human Rights

1. Universal – Apply to all human beings.
2. Inherent – Acquired by birth.
3. Inalienable – Cannot be taken away except according to law.
4. Indivisible – All rights are equally important.
5. Interdependent – Enjoyment of one right depends upon others.
6. Non-discriminatory – Available without distinction.
7. Legally Protected – Enforceable through courts and legal institutions.

Different Kinds of Human Rights

Human rights are broadly classified into the following categories:

1. Civil Rights
Civil rights protect an individual's life, liberty, and personal security against arbitrary action by the
State.
Examples
 Right to life
 Right to equality
 Right to personal liberty
 Freedom from torture
 Right to privacy
 Right to fair trial
Importance: Civil rights safeguard individual freedom and protect people from abuse of power.

2. Political Rights
Political rights enable citizens to participate in the political process and governance.
Examples
 Right to vote
 Right to contest elections
 Freedom of speech and expression
 Freedom of association
 Right to form political parties
 Right to peaceful assembly
Importance: These rights strengthen democracy and ensure public participation in government.

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 3. Economic Rights
Economic rights ensure that every individual has access to livelihood and economic security.
Examples
 Right to work
 Equal pay for equal work
 Right to fair wages
 Right to form trade unions
 Right to own property (subject to law)
 Right to social security
Importance: Economic rights help eliminate poverty and improve living standards.
4. Social Rights
Social rights promote human welfare and social justice.
Examples
 Right to education
 Right to health
 Right to housing
 Right to food
 Right to clean drinking water
 Right to family life
Importance: These rights ensure a decent standard of living and social development.

5. Cultural Rights
Cultural rights protect the traditions, language, and identity of individuals and communities.
Examples
 Right to participate in cultural life
 Right to preserve language
 Right to practice religion
 Right to protect heritage
 Minority educational rights
Importance: They preserve cultural diversity and respect different traditions.
6. Collective or Solidarity Rights (Third Generation Rights)
These rights belong to groups or peoples rather than individuals.
Examples
 Right to development
 Right to peace
 Right to a healthy environment
 Right to self-determination
 Right to humanitarian assistance
Importance: These rights promote international cooperation and sustainable development.

7. Environmental Rights
Environmental rights recognize that every person has the right to live in a healthy and pollution
free environment.
Examples
 Right to clean air
 Right to clean water
 Protection of forests
 Conservation of biodiversity
 Protection against pollution
Importance: A healthy environment is essential for the enjoyment of all other human rights.

8. Digital Rights
 Right to Privacy: Right to protection of personal data and privacy.
 Right to Freedom of Expression Online: Right to express opinions and ideas online.
 Right to Access to Information: Right to access information and knowledge online.

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Classification by Generations of Human Rights

First Generation Rights (Civil and Political Rights)

 Right to life
 Liberty
 Equality
 Freedom of speech
 Freedom of religion
 Right to vote
Nature: Negative rights requiring the State to refrain from interference.

Second Generation Rights (Economic, Social and Cultural Rights)

 Right to education
 Right to work
 Right to health
 Right to social security
 Right to adequate standard of living
Nature: Positive rights requiring active action by the State.

Third Generation Rights (Collective Rights)

 Right to development
 Right to peace
 Right to a clean environment
 Right to self-determination
Nature: Rights enjoyed collectively by communities and nations.

Importance of Human Rights

 Protect human dignity.
 Promote equality and justice.
 Prevent discrimination.
 Safeguard individual freedom.
 Encourage democratic governance.
 Promote peace and social harmony.
 Ensure holistic development of individuals.
 Strengthen the rule of law.

Conclusion
Human rights are the foundation of a just, democratic, and civilized society. They ensure that every
individual can live with dignity, freedom, equality, and security. The Constitution of India, the
Universal Declaration of Human Rights (1948), and international human rights treaties collectively
guarantee and protect these rights. Respecting and protecting human rights is essential for
achieving justice, peace, sustainable development, and the welfare of all humanity.

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4. SOURCES OF LAW
Introduction
International human rights are the rights and freedoms that belong to every individual by virtue of
being human. These rights are protected through international laws, treaties, customs, and
principles recognized by the international community. The sources of international human rights
are mainly derived from international law and are essential for ensuring dignity, equality, liberty,
and justice across the world.

Characteristics of Human Rights

1. Universal – Apply to all human beings.
2. Inherent – Acquired by birth.
3. Inalienable – Cannot be taken away except according to law.
4. Indivisible – All rights are equally important.
5. Interdependent – Enjoyment of one right depends upon others.
6. Non-discriminatory – Available without distinction.
7. Legally Protected – Enforceable through courts and legal institutions.

Sources of International Human Rights

International human rights law derives from various legal and moral sources that establish and
protect the rights and freedoms of individuals at the global level. These sources form the foundation
of modern human rights jurisprudence and are recognized by international courts, organizations,
and states.

1. International Treaties and Conventions

International treaties are the most important source of international human rights law. These are
formal agreements entered into by states and become legally binding upon ratification.
Major Human Rights Treaties
* Universal Declaration of Human Rights (UDHR), 1948
* International Covenant on Civil and Political Rights (ICCPR)
* International Covenant on Economic, Social and Cultural Rights (ICESCR)
* Convention on the Elimination of All Forms of Discrimination Against Women
* Convention on the Rights of the Child
* Convention against Torture
These treaties define rights and impose obligations on states to respect, protect, and fulfil human
rights.

2. International Customary Law

Customary international law develops through consistent state practice followed out of a sense of
legal obligation (opinio juries). Certain human rights norms have become customary international
law and are binding even on states that have not signed specific treaties.
Examples
* Prohibition of genocide
* Prohibition of slavery
* Prohibition of torture
* Principle of non-discrimination
Customary law plays a vital role in strengthening universal human rights standards.

3. General Principles of Law

General principles recognized by civilized nations are another source of international human rights
law. These principles are commonly found in national legal systems and are applied by
international courts.
Examples
* Equality before law
* Natural justice
* Good faith
* Rule of law
* Fair trial
These principles help fill gaps where treaties or customs are absent.
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4. Judicial Decisions
Judicial decisions of international and regional courts contribute significantly to the development of
human rights law.
Important Courts
* International Court of Justice
* European Court of Human Rights
* Inter-American Court of Human Rights
Their judgments interpret treaties, clarify rights, and influence state practices.

5. Writings of Jurists and Scholars

The writings of eminent legal scholars and jurists serve as subsidiary means for determining rules
of international human rights law.
Importance
* Explain legal concepts
* Interpret treaties and customs
* Influence courts and international organizations
Scholarly writings contribute to the progressive development of human rights law.

6. Resolutions and Declarations of International Organizations

Resolutions and declarations adopted by international organizations, especially the United Nations,
influence the growth of human rights standards.
Examples
* Universal Declaration of Human Rights
* Vienna Declaration and Programme of Action
* UN General Assembly resolutions
Although many declarations are not legally binding, they possess strong moral and political
authority.

7. Regional Human Rights Instruments

Regional organizations have developed their own human rights systems to protect people within
specific geographical regions.
Examples
* European Convention on Human Rights
* American Convention on Human Rights
* African Charter on Human and Peoples‘ Rights
These regional instruments strengthen the enforcement of human rights.

8. The Modern Phenomenon: "Soft Law"

While not explicitly mentioned in Article 38 of the ICJ Statute, "Soft Law" has become an
indispensable instrument in the expansion of IHRL. Soft law refers to instruments that lack legally
binding force but carry significant moral, political, and normative weight.
Examples: UN General Assembly Resolutions, declarations (such as the UN Declaration on the
Rights of Indigenous Peoples), standard minimum rules, and guiding principles.
Function: Soft law serves as an incubation chamber for hard law. Because states are often hesitant
to immediately bind themselves to strict treaties, they may first agree to a non-binding declaration.
Over time, as state practice aligns with the declaration, the soft law norms frequently transition
into hard treaty law or customary international law.

Importance of Human Rights

 Protect human dignity.
 Promote equality and justice.
 Prevent discrimination.
 Safeguard individual freedom.
 Encourage democratic governance.
 Promote peace and social harmony.
 Ensure holistic development of individuals.
 Strengthen the rule of law.

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Conclusion
The sources of international human rights include treaties, customary international law, general
principles of law, judicial decisions, scholarly writings, declarations, and regional instruments.
Together, these sources create a comprehensive framework for the protection and promotion of
human dignity and fundamental freedoms throughout the world. International human rights law
continues to evolve in response to global challenges and changing societal needs

5. Role of the United Nations in the Protection and Promotion of Human

Rights
Introduction
The United Nations (UN) was established on 24 October 1945 after the Second World War to
maintain international peace, security, and promote respect for human rights. Human rights are
one of the four principal purposes of the UN under Article 1(3) of the UN Charter, which aims to
achieve international cooperation in promoting and encouraging respect for human rights and
fundamental freedoms without discrimination.

Meaning of the Role of the UN in Human Rights

The United Nations plays a vital role in promoting, protecting, monitoring, and enforcing human
rights through international treaties, declarations, specialized agencies, and various human rights
bodies.
Preamble
The Preamble expresses the determination of the peoples of the United Nations:
To reaffirm faith in fundamental human rights.
To uphold the dignity and worth of the human person.
To ensure equal rights of men and women.
To promote justice, freedom, and social progress.
Significance: It sets the moral and legal foundation for international human rights protection.

Important Provisions of the UN Charter Concerning Human Rights

1. Article 1(3) – Purpose of the United Nations
One of the principal purposes of the UN is:
"To achieve international cooperation in promoting and encouraging respect for human rights and
fundamental freedoms for all without distinction as to race, sex, language, or religion."
Importance:
 Makes human rights a primary objective of the UN.
 Promotes equality and non-discrimination.
 Encourages cooperation among nations.

2. Article 13(1)(b)
The General Assembly shall:
 Initiate studies.
 Make recommendations.
 Promote international cooperation in social, cultural, educational, and health fields.
 Assist in the realization of human rights and fundamental freedoms.
Importance: Empowers the General Assembly to develop international human rights standards.

3. Article 55
The United Nations shall promote:
 Higher standards of living.
 Full employment.
 Economic and social progress.
 Solutions to international economic, social, health, and cultural problems.
 Universal respect for and observance of human rights and fundamental freedoms without
discrimination.
Importance: Links peace with economic development and human rights.
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 4. Article 56
All Member States pledge themselves:
 To take joint and separate action.
 In cooperation with the United Nations.
 To achieve the purposes mentioned in Article 55.
Importance: Creates a legal obligation on member states to cooperate in promoting human rights.

5. Article 62(2)
The Economic and Social Council (ECOSOC) may:
 Make recommendations.
 Promote respect for human rights.
 Encourage observance of fundamental freedoms.
Importance: Gives ECOSOC authority to formulate human rights policies.

6. Article 68
ECOSOC shall establish commissions for:
 Economic matters.
 Social matters.
 Promotion of human rights.
Importance: Led to the establishment of the Commission on Human Rights, which later evolved into
the Human Rights Council.

7. Article 76(c)
The Trusteeship System shall promote:
 Respect for human rights.
 Fundamental freedoms.
 Equal treatment without discrimination.
Importance: Ensures protection of people living in Trust Territories.

8. Article 103
Where obligations under the UN Charter conflict with obligations under other international
agreements, the Charter prevails.
Importance: Gives priority to Charter obligations, including commitments relating to human rights.

Role of the United Nations in Human Rights

1. Promotion of Universal Human Rights

The UN promotes equality, dignity, freedom, and justice for all people.
It spreads awareness through education, campaigns, and international cooperation.

2. Adoption of the Universal Declaration of Human Rights (1948)

On 10 December 1948, the UN General Assembly adopted the Universal Declaration of Human
Rights (UDHR).
It contains 30 Articles guaranteeing civil, political, economic, social, and cultural rights.
It is regarded as the foundation of international human rights law.

3. Framing International Human Rights Treaties

The UN has adopted several legally binding conventions, including:
International Covenant on Civil and Political Rights (ICCPR), 1966.
International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966.
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979.
Convention on the Rights of the Child (CRC), 1989.
Convention against Torture (CAT), 1984.
Convention on the Rights of Persons with Disabilities (CRPD), 2006.

4. Establishment of the Human Rights Council

The UN Human Rights Council (UNHRC) was established in 2006.
It promotes and protects human rights worldwide.
It investigates human rights violations and conducts the Universal Periodic Review (UPR) of all
member states.
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5. Office of the High Commissioner for Human Rights (OHCHR)
The OHCHR coordinates UN human rights activities.
 It provides technical assistance to governments.
 It monitors compliance with international human rights standards.

6. Monitoring and Investigation

The UN appoints Special Rapporteurs, Independent Experts, and Working Groups to investigate
violations.
Fact finding missions are conducted in cases of serious human rights abuses.

7. Peacekeeping Operations
UN peacekeeping missions protect civilians during armed conflicts.
They monitor ceasefires, prevent violence, and support the rule of law and human rights.
8. Protection of Vulnerable Groups
The UN works to safeguard the rights of:
 Women
 Children
 Refugees
 Persons with disabilities
 Indigenous peoples
 Minorities
 Older persons

9. Humanitarian Assistance
Through agencies such as UNICEF, UNHCR, WHO, and the World Food Programme (WFP), the UN
provides food, healthcare, education, and emergency relief during disasters and conflicts.

10. Technical Assistance and Capacity Building

The UN helps countries improve their legal systems.
It supports judicial reforms, human rights education, police training, and good governance.
11. Promotion of Sustainable Development
The Sustainable Development Goals (SDGs) adopted in 2015 integrate human rights into
development.
Goals such as ending poverty, ensuring quality education, gender equality, and reducing
inequalities promote human dignity.

12. Encouraging International Cooperation

The UN encourages member states to cooperate in protecting human rights.
It facilitates dialogue, mediation, and peaceful settlement of disputes affecting human rights.

Principal Organs of the United Nations and Their Role in Human Rights
1. General Assembly
The General Assembly is the main deliberative and policymaking organ of the UN, consisting of all
Member States.
2. Security Council
The Security Council is responsible for maintaining international peace and security.
3. Economic and Social Council (ECOSOC)
The Economic and Social Council (ECOSOC) coordinates the economic, social, cultural,
educational, and health activities of the UN.
4. International Court of Justice (ICJ)
The International Court of Justice, located at The Hague, is the principal judicial organ of the UN.

5. Secretariat
The Secretariat is headed by the Secretary-General and carries out the day today work of the UN.

6. Trusteeship Council
The Trusteeship Council supervised Trust Territories placed under the UN after the Second World
War.
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Other Important UN Human Rights Bodies

1. United Nations Human Rights Council (UNHRC)

2. Office of the United Nations High Commissioner for Human Rights (OHCHR)
3. Specialized Agencies
Several UN agencies contribute to the protection of human rights:
 UNICEF – Protection of children's rights.
 WHO – Right to health.
 ILO – Labour rights and decent working conditions.
 UNESCO – Right to education, culture, and science.
 UNHCR – Protection of refugees.
 UN Women – Promotion of women's rights and gender equality.

Achievements of the United Nations

 Adoption of the Universal Declaration of Human Rights (1948).
 Creation of major international human rights treaties.
 Promotion of equality, dignity, and non-discrimination.
 Protection of refugees, women, children, and vulnerable groups.
 Promotion of democracy, the rule of law, and sustainable development.
 Increased global awareness of human rights.

Limitations

 The UN cannot directly enforce many human rights decisions.

 Political influence and veto power of permanent members of the Security Council may affect
action.
 Many recommendations are not legally binding.
 Human rights violations continue in several countries due to lack of implementation.
 Principles of Human Rights under the UN Charter

Significance of the UN Charter in Human Rights

1. First international treaty recognizing human rights.
2. Made promotion of human rights an objective of the United Nations.
3. Inspired the Universal Declaration of Human Rights (1948).
4. Led to the adoption of major human rights treaties.
5. Established institutions for protection and promotion of human rights.
6. Encouraged international cooperation in protecting human dignity.

Case laws
1. Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain)
Court: International Court of Justice
Principle: The ICJ recognized that the protection of basic human rights gives rise to obligations
(owed to the international community as a whole).
Human rights are not merely matters between individual states but concern all nations.
Relevance: Supports the UN Charter's objective of promoting universal respect for human rights
under Articles 1(3), 55, and 56.

2. Namibia Advisory Opinion

Court: International Court of Justice
Principle: South Africa's continued administration of Namibia violated the UN Charter and denied
the people's right to self-determination.
The ICJ emphasized that all UN member states must comply with Charter obligations.
Relevance: Reinforces Articles 55 and 56 concerning human rights and self-determination.

3. Vishaka v. State of Rajasthan

Principle: The Supreme Court held that international conventions and norms, including UN human
rights principles, can be relied upon when there is no inconsistency with domestic law.
Relevance: Demonstrates India's commitment to the human rights values reflected in the UN
Charter.
MohakShetty BE (LL.B)
Conclusion
The United Nations is the cornerstone of the international human rights system. Through the UN
Charter, the Universal Declaration of Human Rights, international treaties, the Human Rights
Council, and specialized agencies, it has significantly advanced the protection and promotion of
human rights worldwide. Although challenges remain, the UN continues to play a vital role in
ensuring that every individual enjoys freedom, equality, justice, and human dignity.

6. Universal Declaration of Human Rights (UDHR)

Introduction

The Universal Declaration of Human Rights (UDHR) is the first comprehensive international
document that recognizes the fundamental rights and freedoms of all human beings. It was adopted
by the United Nations General Assembly on 10 December 1948 in Paris after the atrocities of the
Second World War. It laid the foundation for the modern international human rights system.
The UDHR is not a legally binding treaty, but it has become part of customary international law
and has inspired many constitutions, national laws, and international human rights treaties.

Definition
According to the United Nations:
"The Universal Declaration of Human Rights is a common standard of achievement for all peoples
and all nations, setting out the fundamental human rights to be universally protected."

Background
1939–1945: Second World War witnessed massive human rights violations.
1945: Formation of the United Nations through the UN Charter.
1946: The United Nations Commission on Human Rights was established to draft an international
bill of rights.
The drafting committee was chaired by Eleanor Roosevelt.
10 December 1948: The UDHR was adopted by the UN General Assembly through Resolution 217
A (III).
58 Member States of the UN in 1948.
Voting:
48 countries voted in favour.
0 against.
8 abstained.

UDHR has helped to form other treaties like:

a) The International Convention on the Elimination of Racial Discrimination (1965).
b) The International Covenant on Economic, Social and Cultural Rights (1966).
c) The International Covenant on Civil and Political Rights (1966).
d) The Convention on the Elimination of All Forms of Discrimination against Women (1979).
e) The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (1984).
f) The Convention on the Rights of the Child (1989).

Objectives of the UDHR

1. To recognize the inherent dignity of every human being.
2. To protect fundamental rights and freedoms.
3. To promote equality and non-discrimination.
4. To ensure justice, liberty, and peace.
5. To encourage international cooperation in protecting human rights.
6. To guide nations in framing human rights laws.

MohakShetty BE (LL.B)
Structure of the UDHR
Preamble & 4 Parts 30 Articles
Preamble of the Universal Declaration of Human Rights (UDHR)
Human right are inherent dignity and of the equal and inalienable rights.
human beings shall enjoy freedom of speech and belief and freedom from fear.
human rights should be protected by the rule of law.
to promote the development of friendly relations between nations.
the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the
human person.
Member States have pledged themselves to achieve, in cooperation with the United Nations.
Common understanding of realising the pledge
The Articles are generally divided into different categories of rights.
Important Rights mentioned Universal Declaration of Human Rights (UDHR)
1) Right to Equality– is considered the most important right as it helps to create a balanced
society, a society where every individual is treated equally and it also enlarges the scope of unity
among its members. There are different articles under UDHR which deals with equality, for example
Article 1 of the UDHR provides that all the human beings are born free and are equal in dignity and
rights, Article 7 deals with equality before law and equal protection against any discrimination,
Article 10 provides that every individual have equal opportunity for a fair and free public hearing by
an independent and impartial tribunal

2) Right to Freedom– Article 13(1), Article 19, Article 20(1), and Article 23(4) of the UDHR protects
rights like freedom of movement, freedom of speech and expression, freedom of peaceful assembly,
freedom to form association and union, respectively. In Union Of India vs. Association For
Democratic Reforms And Another, the Supreme Court held that ―article 19 of universal declaration of
human rights, 1948 (UDHR) recognizes right to receive information, ―everyone has right to freedom
of opinion and expression; this right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any area and regardless of frontiers.‖ There
is no gainsaying that without participation of citizens, democracy is ineffective. To enable citizens to
actively participate in governance information should be made available‖.
3) Right to life and liberty– UDHR states that every individual have the right to life and liberty.
These rights are provided since the very birth of an individual and these rights are inalienable.

4) Protection from Slavery or Slave trade– slavery and slave trade was a major issue. The
Universal of Abolition of the Slave Trade in 1815 was the first to voice this issue and since then 300
agreements were formulated to abolish slavery. In the 19th century both England and USA had
already passed legislation to outlaw slave trade. In UDHR Article 4 clearly specifies ―No one shall be
held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms‖. Also
Article 5 of UDHR protects from ill treatment, torture or cruelty or kind of punishment.
5) Freedom of Conscience and Religion– religion is considered one of the most sensitive topics,
and UDHR quite rightly has recognized that every individual has the freedom to practice any
religion of their own choice, Article 18 states that ―Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to change his religion or belief, and freedom,
either alone or in community with others and in public or private, to manifest his religion or belief
in teaching, practice, worship and observance‖

6) Remedy for enforcement of right– Article 8 of UDHR seeks that every individual has the right
to get an effective remedy by the competent tribunal. In Uppalapati Nirupa Rani Another vs. Koganti
Lakshmi, and Others, 2010 the Andhra Pradesh High Court held that, ―Article 8 of UDHR and
Articles 3(a), 3(c) of ICCPR, Articles 14 and 21 of Constitution read with Section 154 CrPC make it
clear that, if a cognizable offence is not registered and investigated, it would result in violation of
human rights‖
Country like Saudi Arabia abstained from the vote on the declaration, arguing that Articles 16 and
18 (the rights for men and women to marry who they choose, and the right to freedom of religion)
were in opposition to Islamic faith and teachings which emphasis patriarchal authority
UDHR does try to maintain peace and equality in the society but we can‘t deny that the society
consists of different individual with different mind-sets, so sometimes it becomes difficult to be on
the same page.
MohakShetty BE (LL.B)
Importance of the UDHR
1. First universal statement of human rights.
2. Foundation of international human rights law.
3. Inspired many national constitutions, including the Fundamental Rights (Part III) of the
Constitution of India.
4. Led to important international treaties such as:
International Covenant on Civil and Political Rights (ICCPR) (1966)
International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966)
5. Serves as a moral and legal standard for governments worldwide.
6. Promotes equality, justice, and human dignity.

Criticism of the UDHR

1. It is not legally binding.
2. Enforcement depends on the willingness of States.
3. Some provisions are interpreted differently across cultures.
4. Several rights continue to be violated despite the Declaration.

Relevance to India
The Fundamental Rights (Articles 12–35) and the Directive Principles of State Policy (Part IV) reflect
the ideals of the UDHR.
Indian courts frequently refer to the UDHR while interpreting constitutional rights.
India supported the adoption of the UDHR in 1948 and remains committed to its principles.

Influence of the UDHR

1. Foundation of International Human Rights Law
2. Inspired International Human Rights Treaties
3. Influence on National Constitutions
4. Development of Domestic Laws
5. Influence on Judicial Decisions
6. Promotion of Equality and Non-Discrimination
7. Protection of Vulnerable Groups
8. Establishment of Human Rights Institutions
9. Promotion of Democracy and Rule of Law
10. Human Rights Education and Awareness
11. Influence on Regional Human Rights Systems
12. Development of Customary International Law

Conclusion
The Universal Declaration of Human Rights is regarded as the Magna Carta of modern human
rights. Although it is not legally enforceable, it has profoundly influenced international law,
national constitutions, judicial decisions, and global human rights movements. It remains the
cornerstone of the international human rights framework and continues to guide nations in
protecting the dignity, freedom, equality, and rights of every individual.

MohakShetty BE (LL.B)
7. International Covenant on Civil and Political Rights (ICCPR)
Introduction
The International Covenant on Civil and Political Rights (ICCPR) is one of the most important
international human rights treaties adopted by the United Nations. It guarantees fundamental civil
and political rights to every individual and obligates State Parties to respect, protect, and ensure
these rights without discrimination.

The ICCPR, together with the Universal Declaration of Human Rights (UDHR) and the International
Covenant on Economic, Social and Cultural Rights (ICESCR), forms the International Bill of Human
Rights.

Definition

The ICCPR is an international treaty adopted by the United Nations that recognizes and protects
the civil and political rights of individuals and requires States to ensure these rights through
legislative and judicial measures.

History
10 December 1948 – Adoption of the UDHR.
16 December 1966 – ICCPR adopted by the UN General Assembly through Resolution 2200A
(XXI).
23 March 1976 – ICCPR entered into force.
Signatory States: 74
States Parties (ratified or acceded): 174 (current)
Optional Protocol (First): 116 States Parties
Second Optional Protocol (aiming at abolition of the death penalty): 93 States Parties
India and the ICCPR
Signed: 10 April 1979
Ratified (became a State Party): 10 April 1979

Objectives of ICCPR
1. To protect civil and political rights of every individual.
2. To ensure equality before the law.
3. To prevent arbitrary actions by governments.
4. To promote democracy, justice, and the rule of law.
5. To protect human dignity and individual freedom.
6. To provide effective remedies for human rights violations.
7. To eliminate discrimination.
8. To strengthen international cooperation in protecting human rights.

Purpose of ICCPR
* The ICCPR recognizes the inherent dignity of each individual and undertakes to promote
conditions within states to allow the enjoyment of civil and political rights.
• Countries that have ratified the Covenant are obligated to protect and preserve basic human right
and compelled to take administrative, judicial, and legislative measures in order to protect the
rights enshrined in the treaty and to provide an effective remedy."
• There are currently 74 signatories and 168 parties to the ICCPR.
• The covenant contains six parts with 53 articles.

Important Features
 Legally binding treaty.
 Applies to all persons within a State's jurisdiction.
 Rights must be guaranteed without discrimination.
 Certain rights are nonderogable even during emergencies.
 Establishes the Human Rights Committee to monitor implementation.
 Requires State Parties to submit periodic reports.
 Individuals may submit complaints under the First Optional Protocol (for States that have
accepted it).
MohakShetty BE (LL.B)
 Structure of the ICCPR

6 Parts 53 Articles

Articles of the International Covenant on Civil and Political Rights

International Covenant on Civil and Political Rights includes 53 articles that fall under six main
headings of crucial civil and political rights:
o Part I: Recognizes self-determination in respect of or freely determining the political status,
pursuing economic, social, and cultural development;.
o Part II: Enumerates what obligations state parties have towards the treatment of persons
without discrimination.
o Part III: Lists what are known as the substantive rights such as right to life (Article 6),
prohibition of torture (Article 7), right to liberty from slavery or servitude (Article 8), right to
liberty (Article 9), right to fair trial (Article 14) and freedom to thought, conscience and
religion, (Article 18) amongst others.
o Part IV: Establishes a Human Rights Committee to oversee implementation.
o Part V: It discusses the procedural aspects for state parties to amend the covenant.
o Part VI: General provisions related to the interpretation and applications of ICCPR were
addressed.

Main provisions
 Article 1– provides that the states that the right to self-determination is universal and calls upon
States to promote the realization of that right and to respect it.
 Article 2– each state party must respect and ensure that the rights provided under this covenant is
enforced and the rights are provided to each and every individual of the state irrespective of their
race, gender, caste, sex, language, religion, political or other opinions. The article further provides
that every individual whose rights are violated should be provided with a suitable remedy.

Right to physical integrity

Articles 6– it provides for a person‘s ―inherent Right to life‖, and requires the same to be protected
by the law. It states that this is the most supreme right, and no derogation of this is ever possible.
It doesn‘t prohibit death penalty, but restricts it to the most serious crimes.
Article 7– it prohibits human degrading punishment, derogation of this is also strictly prohibited.
Article 8– Prohibits slavery and forced labour.

Right to Liberty and security of a person

 Article 9– protects the individual against arbitrary arrest or detention.
Article 10– states that no matter whether the person has committed the crime or not he should be
treated with respect and dignity. In Charles Shobraj v. Superintendent, Central Jail, Tihar, New
Delhi, AIR 1978, the apex court recognized that the ‗right to life‘ is more than mere animal existence
or vegetable substance. Even in prison, a person is required to be treated with dignity and one
enjoys all the rights specified in Article 19 and 21. Article 10 also provides that the state should
also set up juvenile prisons.
Article 11- protects the individual against breach of contract, in Jolly George Varghese v. Bank of
Cochin, AIR 1980[11], it was held by the Supreme Court that to cast a person in prison because of
his poverty and consequent inability to meet his contractual liability is a violation of Article 21 of
the Constitution.

Procedural fairness and rights of accused

 Article 14- ensure that every individual is equal before the law. And every individual has the right
to a fair trial, conducted by an independent and impartial tribunal. The article also provides that
the press or public may be excluded during the trial for maintaining morals, public order and
security. Article 20 of the Indian Constitution strongly supports the idea of fair trial, so that every
individual gets the opportunity to be heard.
Article 15– It prevents prosecutions under Ex-post facto law and imposition of retrospective
criminal penalties, and requires imposition of lesser punishment where criminal sentences have
changed between the time of commission of crime and the date of the judgement.
Article 16– requires the state to recognize everyone as a person before the law.
MohakShetty BE (LL.B)
 Individual Liberties
Article 12– This provides for freedom of movement, including the right of persons to choose their
residence and to leave or return to their country.
Article 13- Forbids arbitrary expulsion of resident aliens and requires such decisions to be
appealed and reviewed
Article 17– Mandates the right of privacy; under Article 17.1 it specifically protects privacy to
consensual sexual activity, hence nullifying restrictions on homosexual behaviour. This also
protects people from unlawful attacks to their honour and reputation.
Article 18 – Mandates freedom of religion and belief
Article 19 – mandates Freedom of expression
Article 20 – Provides that any propaganda for war shall be prohibited by law.
Article 21 and 22 – states that every individual has the right of peaceful assembly and shouldn‘t
be restricted to enforce their rights until and unless it is in conformity with the law and doesn‘t
disturb the public order and security of the society. Similarly, Article 22 states that every person
has the right to form an association and join trade union, again it should be in conformity with law
and shouldn‘t violate the rights of others
Article 23 – The right of men and women to marry shall be recognized, and this shall not be done
without the consent of both the parties. Each State shall also take appropriate steps to ensure
equality of rights and responsibilities between the parties during and even after its dissolution.
Article 24 – Right of a child to acquire nationality immediately after birth and also have a name.
Article 26 – every person shall be equal before the law and be treated equally without any
discrimination, the state shall also guarantee to its citizens equality on the grounds of religion,
race, caste, sex, national, social origin etc.
Article 27 – In States where religious or linguistic minorities exist, members of these communities
shall be allowed to enjoy their own culture and to profess and practise their own religion and use
their language.

Key Functions of the Human Rights Committee (Articles 28–45)

 Establishment & Composition (Articles 28–34): Establishes the 18-member Committee. Members
serve in their personal capacity and are chosen by secret ballot from State Parties' nominees,
representing high moral character and recognized competence in human rights.
 State Reporting (Article 40): State Parties are required to submit regular reports on the legislative
and administrative measures they have adopted to implement the rights outlined in the ICCPR. The
Committee examines these reports and issues general comments and recommendations.
 Inter-State Complaints (Article 41): Allows the Committee to receive and consider
communications where a State Party claims that another State Party is not fulfilling its obligations
under the Covenant. This only applies to states that have formally declared they recognize the
Committee's competence in this area.
 Conciliation Commission (Article 42): If an inter-State dispute cannot be resolved, the Committee
can, with prior consent from the states involved, appoint an ad hoc Conciliation Commission to
facilitate an amicable solution.
 Reporting to the General Assembly (Article 45): The Committee is mandated to submit an
annual report on its activities to the UN General Assembly via the Economic and Social Council
(ECOSOC).

Optional Protocols
First Optional Protocol (1966)
Allows individuals to submit complaints to the Human Rights Committee after exhausting
domestic remedies.
Second Optional Protocol (1989)
Aims at the abolition of the death penalty.

India and ICCPR

India became a signatory to the ICCPR on April 10, 1979, which bound India to respect the
covenant. Most major rights contained in the ICCPR are also available in Indian law, by virtue of its
Constitution, especially Fundamental Rights in Part III. The commitment on part of India towards
ICCPR is also traceable in judicial pronouncements and legislative enactments, although not fully
achieved in the implementation of all covenant obligations.

MohakShetty BE (LL.B)
Criticism
 Weak enforcement mechanism.
 Depends largely on State cooperation.
 Some countries enter reservations limiting obligations.
 Human Rights Committee decisions are not directly enforceable.
 Political considerations sometimes affect implementation.

Case Laws
1. Toonen v. Australia (1994)
Facts: Tasmanian laws criminalized consensual same sex relations.
Held: The Human Rights Committee held that such laws violated Articles 17 (privacy) and 26
(equality) of the ICCPR.
Principle: Privacy includes protection of consensual adult relationships.

2. Mukong v. Cameroon (1994)

Held: Arbitrary detention and suppression of political expression violated Articles 9 and 19 of the
ICCPR.
Principle: Governments cannot suppress political criticism through unlawful detention.

3. A. K. Gopalan v. State of Madras

Although decided before India ratified the ICCPR, later constitutional interpretation has
increasingly aligned Article 21 of the Constitution with ICCPR standards on liberty and due
process.

4. Vishaka v. State of Rajasthan

The Supreme Court relied on international human rights principles, including treaties ratified by
India, to frame guidelines protecting women's fundamental rights, reinforcing India's obligation to
respect international human rights norms where consistent with domestic law.

Conclusion
The International Covenant on Civil and Political Rights (ICCPR) is a landmark treaty that
guarantees fundamental civil and political freedoms such as the right to life, liberty, equality,
freedom of expression, religion, privacy, and fair trial. It imposes binding obligations on States to
respect and protect these rights and has significantly influenced constitutional jurisprudence,
including in India. Despite enforcement challenges, the ICCPR remains one of the most important
international instruments for the protection of human rights worldwide.

MohakShetty BE (LL.B)
 8. International Covenant on Economic, Social and Cultural Rights
(ICESCR)

Introduction
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is one of the core
international human rights treaties adopted by the United Nations. It recognizes that every person
is entitled to economic, social, and cultural rights necessary for living with dignity. Along with the
Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and
Political Rights (ICCPR), it forms the International Bill of Human Rights.

Definition
The ICESCR is an international treaty adopted by the United Nations that obligates State Parties to
progressively realize economic, social, and cultural rights, such as the rights to work, education,
health, social security, and an adequate standard of living.

History
The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted by the
United Nations General Assembly on 16 December 1966. It entered into force on 3 January 1976.
As of 2026, the ICESCR has 171 States Parties, meaning 171 countries have ratified or acceded to
the Covenant and are legally bound by its provisions.
India ratified the ICESCR on 10 April 1979.

Objectives of ICESCR
1. To ensure an adequate standard of living for all.
2. To promote social justice and equality.
3. To protect workers' rights.
4. To guarantee access to education and healthcare.
5. To eliminate discrimination in the enjoyment of economic, social, and cultural rights.
6. To promote cultural development and scientific progress.
7. To improve living conditions and human dignity.

Salient Features
 A legally binding international treaty.
 Requires progressive realization of rights using the maximum available resources.
 Applies without discrimination.
 Requires periodic reports by States.
 Supervised by the Committee on Economic, Social and Cultural Rights (CESCR).
 Recognizes both individual and collective rights.

Structure of the ICESCR

5 Parts 31 Articles

Part I: The Right to Self-Determination

 Article 1: Recognizes that all peoples have the right to self-determination, including the freedom to
determine political status and pursue economic, social, and cultural development.

Part II: General Obligations

State Obligations (Articles 2–5)
Article 2 – Duty of States
 States must take steps to realize the rights gradually.
 Rights should be ensured without discrimination based on:
o Race
o Religion
o Sex
o Language
o Social origin

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 Article 3 – Equality of Men and Women
 Equal rights for men and women in enjoying all rights under ICESCR.
Article 4 – Limitations
 Rights may be limited only by law and for public welfare.
Article 5 – Protection against Misuse
 No state or person can destroy or restrict the rights recognized in the Covenant.

Part III: Specific Rights

1. Labour and Work Rights (Articles 6–8)
 Right to Work: Guarantees everyone the opportunity to earn their living through freely chosen
work.
 Just and Favourable Conditions: Ensures fair wages, safe working environments, equal pay for
equal work, and rest/leisure.
 Trade Unions & Strike: Protects the right to form trade unions, join federations, and the right to
strike.

2. Family and Social Welfare (Articles 9–10)

 Social Security: Recognizes the right of everyone to social security, including social insurance.
 Family Protection: Mandates protection for the family, special assistance for mothers before and
after childbirth, and strict protections for children against economic and social exploitation.
3. Adequate Living and Health (Articles 11–12)
 Standard of Living & Food: Guarantees the right to an adequate standard of living (including
adequate food, clothing, and housing) and the fundamental right to be free from hunger.
 Right to Health: Ensures the enjoyment of the highest attainable standard of physical and mental
health.
4. Education and Culture (Articles 13–15)
 Right to Education: Mandates free, compulsory primary education and progressively free
secondary and higher education aimed at the full development of the human personality.
 Plan for Free Education
 States lacking free compulsory primary education must prepare a plan to achieve it.
 Cultural Life & Science: Protects the right of everyone to take part in cultural life, enjoy the
benefits of scientific progress, and benefit from their own scientific or artistic productions.

PART IV Reporting and Monitoring System

Main Provisions (Articles 16–25)
 States must submit reports on implementation of rights.
 Reports are examined by UN bodies.

PART V Final Provisions

(Articles 26–31)
 Ratification procedures
 Amendment process
 Entry into force
 Official languages
 Deals with administrative and legal matters of the treaty

Optional Protocol to ICESCR (2008)

The Optional Protocol to the ICESCR:
 Allows individuals and groups to submit complaints to the CESCR after exhausting domestic
remedies.
 Enables inquiries into grave or systematic violations by States that have accepted the
Protocol.

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Importance of ICESCR
 Promotes social justice and human dignity.
 Protects workers' rights and labour welfare.
 Supports universal education and healthcare.
 Reduces poverty and inequality.
 Encourages sustainable development.
 Protects vulnerable and marginalized groups.
 Strengthens welfare state principles.

Significance of ICESCR
1. Protects basic human dignity.
2. Promotes social justice and equality.
3. Recognizes rights related to work, health, education, and culture.
4. Guides welfare policies of states.
5. Helps reduce poverty and discrimination.

Criticism of ICESCR
1. Rights are not immediately enforceable.
2. Implementation depends on economic capacity of states.
3. Weak enforcement mechanism.
4. Many developing countries face resource limitations.

Case Laws
1. People's Union for Civil Liberties v. Union of India
Held: The Supreme Court held that the right to food is part of the right to life under Article 21 of the
Constitution. The Court directed effective implementation of food security schemes, reflecting
ICESCR principles on the right to an adequate standard of living.

2. Olga Tellis v. Bombay Municipal Corporation

Held: The Supreme Court held that the right to livelihood is an integral part of the right to life
under Article 21, consistent with the ICESCR's protection of the right to work and an adequate
standard of living.

3. Paschim Banga Khet Mazdoor Samity v. State of West Bengal

Held: The Court ruled that the State has a duty to provide timely medical treatment, recognizing
access to healthcare as part of the right to life, in harmony with Article 12 of the ICESCR.

4. Mohini Jain v. State of Karnataka

Held: The Supreme Court recognized the right to education as flowing from the right to life and
human dignity, reflecting the objectives of Articles 13 and 14 of the ICESCR.

Conclusion
The ICESCR is a landmark international human rights treaty that guarantees economic, social, and
cultural rights essential for human dignity and development. It places obligations on states to
progressively ensure rights such as work, education, health, social security, and cultural
participation. Despite challenges in implementation, the Covenant remains a major instrument for
promoting global social justice and human welfare.

MohakShetty BE (LL.B)
9. European Convention on Human Rights (ECHR), 1950
Introduction
The European Convention on Human Rights (ECHR) is a regional human rights treaty adopted by
the Council of Europe on 4 November 1950 at Rome, Italy. It entered into force on 3 September
1953. The Convention protects the civil and political rights of individuals and established the
European Court of Human Rights to enforce these rights.
Adopted: 4 November 1950
Entered into Force: 3 September 1953
Depository: Council of Europe
Monitoring Body: European Court of Human Rights
Purpose: Protection and enforcement of fundamental human rights and freedoms in Europe.

Objectives of the Convention

1. To protect civil and political rights.
2. To promote democracy and the rule of law.
3. To ensure respect for human dignity and fundamental freedoms.
4. To provide an international judicial remedy through the European Court of Human Rights.
5. To hold member States accountable for human rights violations.

Structure of the European Convention on Human Rights

Part I (Articles 1–18): Rights and Freedoms
Contains the substantive rights guaranteed to every individual.

Part II (Articles 19–51): European Court of Human Rights

Deals with the establishment, composition, jurisdiction, powers, and procedure of the European
Court of Human Rights.

Part III (Articles 52–59): Miscellaneous and Final Provisions

Contains provisions relating to implementation, reservations, signature, ratification, amendments,
and territorial application.

Rights and Freedoms Guaranteed under the ECHR

1. Right to Life (Article 2)
Protects every person's right to life.
The state must not intentionally take life except in strictly limited circumstances prescribed by law.
States also have a duty to protect life through effective laws and investigations.

2. Prohibition of Torture (Article 3)

No one shall be subjected to torture or to inhuman or degrading treatment or punishment. This is
an absolute right with no exceptions.

3. Prohibition of Slavery and Forced Labour (Article 4)

Prohibits slavery, servitude, and forced or compulsory labour.
Certain exceptions include compulsory military service and emergency public service.

4. Right to Liberty and Security (Article 5)

Protects individuals against arbitrary arrest and detention.
Anyone arrested must be informed of the reasons and brought promptly before a judge.

5. Right to a Fair Trial (Article 6)

Guarantees a fair and public hearing by an independent and impartial tribunal.
Includes:
 Presumption of innocence.
 Right to legal representation.
 Right to examine witnesses.
 Right to a public hearing within a reasonable time.

MohakShetty BE (LL.B)
6. No Punishment without Law (Article 7)
No one may be convicted for an act that was not a criminal offence at the time it was committed.
Prohibits retrospective criminal laws.

7. Right to Respect for Private and Family Life (Article 8)

Protects privacy, family life, home, and correspondence.
State interference is allowed only when lawful and necessary in a democratic society.

8. Freedom of Thought, Conscience and Religion (Article 9)

Everyone has the freedom to hold beliefs and practice religion.
Includes the right to change religion or belief.

9. Freedom of Expression (Article 10)

Protects freedom of speech, opinion, and the press.
Restrictions are permitted only when necessary for public safety, national security, prevention of
crime, protection of reputation, etc.

10. Freedom of Assembly and Association (Article 11)

Guarantees peaceful assembly and the right to form and join associations, including trade unions.
Restrictions are allowed only in limited circumstances.

11. Right to Marry (Article 12)

Men and women of marriageable age have the right to marry and found a family according to
national laws.

12. Right to an Effective Remedy (Article 13)

Individuals whose Convention rights are violated must have access to an effective legal remedy
before a national authority.

13. Prohibition of Discrimination (Article 14)

Ensures equal enjoyment of Convention rights without discrimination based on:
Sex, Race, Colour, Language, Religion, Political opinion, National or social origin, Property, Birth,
Other status

ECHR has established several enforcement mechanisms to ensure compliance with its
provisions, including:
• European Court of Human Rights: The Court has the power to interpret the Convention and its
protocols, and to decide cases brought by individuals or states.
• Committee of Ministers: The Committee is responsible for supervising the execution of judgments
of the European Court of Human Rights.
Important Protocols
Protocol No. 1: Protection of Property, Right to Education, Right to Free Elections.
Protocol No. 4: Freedom of Movement and Prohibition of Imprisonment for Debt.
Protocol No. 6: Abolition of the Death Penalty in Peacetime.
Protocol No. 7: Right of Appeal in Criminal Matters, Compensation for Miscarriage of Justice,
Equality of Spouses.
Protocol No. 12: Right against expulsion and right to appeal.
Protocol No. 13: Complete Abolition of the Death Penalty.

Salient Features
 Regional human rights treaty applicable to Council of Europe member States.
 Legally binding on all State Parties.
 Individuals can directly approach the European Court of Human Rights after exhausting
domestic remedies.
 Guarantees enforceable civil and political rights.
 Judgments of the European Court are binding on member States.
 Strengthens democracy, rule of law, and protection of human dignity.

MohakShetty BE (LL.B)
Case Laws
Sttk ry and tehyry v. Finland (2001),
the Committee found that health sector Workers in Finland had been exposed to radiation at the
workplace, and held that this violated Article 24, which requires states parties "to eliminate risks in
inherently dangerous or unhealthy occupations.
Brogan v. United kingdom
The Prevention of Terrorism Act (1984) authorized arrest without warrant of a person who is
suspected to be involved with "acts of terrorism" in Northern Ireland; provided for detention after
arrest for not over 48 hours, except if the Secretary of State extends this period to not more than 5
days
The applicants: neither charged nor brought before a court during their detention, damages,
(administrative detention for the purpose of gathering information)
• The Court: the need for a proper balance between the defence of the institutions of democracy
and the protection of human rights
• Conclusion: detention of suspected terrorists for 6 days and 14 hours and 4 days and 6 hours
respectively was justified by the public emergency.
Osman v. United Kingdom – Established the State's positive obligation to protect the right to life.

Conclusion
The European Convention on Human Rights, 1950 is one of the most successful regional human
rights instruments. It provides effective judicial protection of civil and political rights through the
European Court of Human Rights and has significantly influenced constitutional and international
human rights law across Europe and beyond. This format is suitable for a 20mark LL.B
examination answer, similar in style to an ICCPR answer.

MohakShetty BE (LL.B)
9A. European Court of Human Rights (ECtHR)
Introduction
The European Court of Human Rights (ECtHR) is the judicial organ established under Article 19 of
the European Convention on Human Rights (ECHR), 1950. It ensures that the rights and freedoms
guaranteed by the Convention are observed by all State Parties. The Court is headquartered in
Strasbourg.

Establishment
 Established under: Article 19 of the ECHR.
 Location: Strasbourg.
 Operational since: 1959.
 Permanent fulltime Court: Since 1998, following Protocol No. 11.
 Jurisdiction: Hears complaints against States that have ratified the ECHR.

Composition of the Court

1. Number of Judges
The Court consists of one judge from each State Party to the Convention.
Therefore, the number of judges is equal to the number of member States that have ratified the
Convention (currently 46 judges, corresponding to the 46 Council of Europe member States).
2. Qualifications of Judges
A judge must:
 Possess high moral character.
 Be qualified for high judicial office or be a jurisconsult of recognized competence.
 Be independent and impartial.
 Not engage in any activity incompatible with judicial office.

3. Election of Judges
Judges are elected by the Parliamentary Assembly of the Council of Europe (PACE).
Each State submits a list of three qualified candidates, and one is elected.
4. Term of Office
Judges serve a single non-renewable term of nine years.
They cannot be removed except by a decision of the Court if they no longer fulfill the required
conditions.
5. Independence
Judges serve in their individual capacity, not as representatives of their countries.
They must remain impartial and independent throughout their tenure.
Internal Structure of the Court
The Court functions through different judicial formations:
1. Single Judge
Decides clearly inadmissible applications.
Can reject applications that do not satisfy the admissibility criteria.
2. Committee (3 Judges)
Consists of three judges.
Decides repetitive cases where established case law already exists.
May declare applications admissible and deliver judgments.
3. Chamber (7 Judges)
Consists of seven judges.
Hears most applications on admissibility and merits.
Delivers judgments in ordinary cases.

4. Grand Chamber (17 Judges)

Consists of 17 judges, including the President, VicePresidents, Section Presidents, and other
judges selected according to the Court's rules.
Deals with cases involving serious questions concerning the interpretation or application of the
Convention.
Hears referrals from Chamber judgments and delivers final judgments.

MohakShetty BE (LL.B)
President and Vice Presidents
The Court elects from among its judges:
President of the Court
Vice Presidents
Section Presidents

Functions of the President

 Represents the Court internationally.
 Presides over the Grand Chamber.
 Supervises the administration and judicial work.
 Allocates cases to different judicial formations.
 Ensures the proper functioning of the Court.

Jurisdiction of the Court

1. Individual Applications
Any individual, group of individuals, or NGO claiming to be a victim of a violation by a State Party
may apply after exhausting domestic remedies.

2. Interstate Applications
One State Party may bring a complaint against another State Party for alleged violations of the
Convention.

3. Advisory Opinions
The Court may provide advisory opinions on legal questions concerning the interpretation of the
Convention, where permitted by the relevant Protocol.

Functions of the European Court of Human Rights

1. Protection of Human Rights
Protects civil and political rights guaranteed under the ECHR.

2. Interpretation of the Convention

Interprets the provisions of the Convention and its Protocols.

3. Settlement of Disputes
Resolves disputes between individuals and States, and between States.

4. Judicial Review of State Actions

Examines whether State actions comply with the Convention.

5. Award of Just Satisfaction

May award compensation (just satisfaction) to victims under Article 41 when a violation is found.

6. Development of Human Rights Law

Its judgments have greatly influenced the development of European and international human rights
law.

7. Ensuring Compliance
Judgments are binding on the respondent State. Their execution is supervised by the Committee of
Ministers of the Council of Europe.
8. Promotion of Rule of Law
Strengthens democracy, accountability, and respect for fundamental freedoms across Europe.

Procedure Before the Court

1. Filing of an application by an individual, NGO, or State.
2. Examination of admissibility.
3. Communication of the case to the respondent State.
4. Written observations and, where necessary, oral hearing.
5. Judgment by the Chamber or Grand Chamber.
6. If a violation is found, the Court may award compensation.
7. The Committee of Ministers of the Council of Europe supervises execution of the judgment.
MohakShetty BE (LL.B)
Importance of the Court
 Provides an effective international remedy for human rights violations.
 Ensures uniform interpretation of the ECHR.
 Holds States accountable for violations.
 Protects democracy, justice, and the rule of law.
 Strengthens the protection of individual rights across Europe.

Conclusion
The European Court of Human Rights is the cornerstone of the European human rights protection
system. Through its independent judges, binding judgments, and accessible complaint mechanism,
it ensures that the rights guaranteed under the ECHR are effectively protected. Its jurisprudence
has become one of the most influential sources of international human rights law and is frequently
cited in constitutional and comparative legal studies.

MohakShetty BE (LL.B)
10. American Convention on Human Rights (ACHR), 1969 (Pact of San
José)
Introduction

The American Convention on Human Rights (ACHR), also known as the Pact of San José, Costa
Rica, is the principal regional human rights treaty of the Americas. It was adopted under the
auspices of the Organization of American States to protect civil and political rights and to establish
a regional system for the enforcement of human rights.
Adopted: 22 November 1969
Place of Adoption: San José
Entered into Force: 18 July 1978
Depository: Organization of American States
Also Known As: Pact of San José, Costa Rica

Regional Human Rights – Definition

Regional human rights are the rights and freedoms protected by regional human rights treaties and
organizations formed by a group of countries within a particular geographical region. These systems
complement the universal human rights framework by addressing regional needs and providing
mechanisms for enforcement and protection.

Examples of Regional Human Rights Systems

 Council of Europe – European Convention on Human Rights
 Organization of American States – American Convention on Human Rights
 African Union – African Charter on Human and Peoples' Rights

Preamble
To consolidate in this hemisphere within the framework of democratic institution, a system of
personal liberty, and social Justice based on respect of men

Objectives
1. To protect and promote fundamental human rights in the Americas.
2. To ensure respect for civil and political rights.
3. To provide effective remedies for victims of human rights violations.
4. To establish regional human rights institutions.
5. To strengthen democracy, justice, and the rule of law.

Structure of the American Convention

Part I – State Obligations and Protected Rights (Articles 1–32)
Chapter I (Articles 1–2) General obligations of States. Duty to respect and ensure rights.
Chapter II (Articles 3–25) Civil and Political Rights.

Chapter III (Articles 26) Progressive development of Economic, Social, and Cultural Rights.

Chapter IV (Articles 27–31) Suspension of guarantees, interpretation, and application.

Chapter V (Articles 32) Personal responsibility

Part II – Means of Protection (Articles 33–73)

Provides for:
Chapter VI competent organs
Chapter VII Inter-American Commission on Human Rights
Chapter VIII Inter-American Court of Human Rights
Chapter IX common provision
Their composition, powers, jurisdiction, and procedures.

Part III – General and Transitional Provisions (Articles 74–82)

Chapter X Contains provisions regarding:
Chapter XI Signature, Ratification, Reservations, Amendments, Entry into force, Denunciation
MohakShetty BE (LL.B)
Rights under the ACHR
Civil and Political Rights:
• Right to Life (Article 4): Protection against arbitrary deprivation of life.
• Right to Humane Treatment (Article 5): Protection against torture, cruel, inhuman, or degrading
treatment or punishment.
• Freedom from Slavery (Article 6): Prohibition of slavery, servitude, and forced labour.
• Right to Personal Liberty (Article 7): Protection against arbitrary arrest, detention, or
imprisonment.
• Right to a Fair Trial (Article 8): Right to a fair and public hearing, including the right to a lawyer
and an impartial judge.
• Freedom of Conscience and Religion (Article 12): Protection of freedom of thought, conscience, and
religion.
• Freedom of Expression (Article 13): Protection of freedom of expression, including the right to
seek, receive, and impart information.
• Right of Assembly (Article 15): Protection of the right to peaceful assembly.
• Right to Participate in Government (Article 23): Right to participate in government, including the
right to vote and be elected.

Economic, Social, and Cultural Rights:

• Right to Work (Article 26): Protection of the right to work, including the right to fair wages and
safe working conditions.
• Right to Health (Article 26): Protection of the right to health, including access to medical care and
social services.
• Right to Education (Article 26): Protection of the right to education, including access to primary
and secondary education.

Other Rights:
• Right to a Nationality (Article 20): Protection of the right to a nationality.
• Right to Property (Article 21): Protection of the right to property.
• Right to Equal Protection (Article 24): Protection against discrimination and equal protection
under the law.

Salient Features
 Regional human rights treaty for the Americas.
 Legally binding on States that ratify it.
 Protects civil and political rights.
 Recognizes progressive realization of economic, social, and cultural rights.
 Establishes the Inter-American Commission and Inter-American Court of Human Rights.
 Allows individuals to seek international protection after exhausting domestic remedies.
 Promotes democracy, human dignity, equality, and justice.

Enforcement Mechanism
The Convention is enforced through two institutions:
1. Inter-American Commission on Human Rights
Receives petitions from individuals.
Investigates alleged human rights violations.
Attempts friendly settlement.
Refers serious cases to the Inter-American Court.

2. Inter-American Court of Human Rights

Interprets and applies the Convention.
Decides contentious cases.
Issues binding judgments on States that have accepted its jurisdiction.
Awards compensation and orders reparations.

MohakShetty BE (LL.B)
Case Laws
Case of the Mayagna (Sumo) AwasTingni Community V. Nicaragua (August 31, 2001)
Court finally ordered the government to demarcate the land, recognizing the community is
ancestral and historical title to it, and to establish legal procedures for the demarcation and titling
of the traditional lands of all indigenous communities in Nicargua.

Case of Expelled Dominicans and Haitians v. Dominican Republic (August 28, 2014)
The Commission submitted to the Court this case against the State of the Dominican Republic.
This case related to the arbitrary detention and summary expulsion by the Dominican Republic
within its territory, of the victims who were Haitians and Dominicans of Haitian descent, including
children. Among other things, the IACHR unanimously held that "the State violated the rights to
recognition of juridical personality, the right to protection of the family recognized in Article 17 of
the Convention."

Barrios Altos v. Peru

Held that amnesty laws protecting perpetrators of serious human rights violations are incompatible
with the Convention.

Conclusion
The American Convention on Human Rights, 1969 is one of the most important regional human
rights treaties. Through the Inter-American Commission on Human Rights and the Inter-American
Court of Human Rights, it provides an effective mechanism for protecting human rights and
ensuring that States are accountable for violations. It is a landmark instrument for the promotion
of justice, democracy, and the rule of law in the Americas.

MohakShetty BE (LL.B)
10A. Inter-American Commission on Human Rights
Part II – Chapter VI (Articles 34–51)
Introduction
The American Convention on Human Rights (ACHR), 1969 establish the Inter-American
Commission on Human Rights (IACHR). The Commission is the principal organ responsible for
promoting and protecting human rights in the member States of the Organization of American
States (OAS).

Organisation of the Commission

1. Composition (Article 34)

The Commission consists of 7 members (Commissioners).
Qualifications
 High moral character.
 Recognized competence in the field of human rights.
 Independent and impartial.

2. Election (Article 36)

Commissioners are elected by the General Assembly of the Organization of American States (OAS).
Candidates are nominated by the member States.

3. Term of Office (Article 37)

Commissioners serve for four years.
They may be re-elected once.

4. Organisation
The Commission elects from among its members:
President
First Vice-President
Second Vice-President
It also adopts its own Rules of Procedure.

5. Secretariat (Article 40)

The Commission is assisted by an Executive Secretariat, which:
 Receives petitions.
 Maintains records.
 Conducts legal research.
 Organizes meetings and hearings.
 Provides administrative support.

Functions of the Commission (Article 41)

The Commission has the following important functions:

1. Promote Human Rights

Promotes awareness and respect for human rights throughout the Americas.

2. Make Recommendations
Recommends legislative and administrative measures to member States.

3. Prepare Studies and Reports

Publishes country reports, thematic reports, and annual reports on the human rights situation.

4. Request Information
Requests information from governments regarding human rights issues.

5. Respond to Petitions
Receives and processes complaints from individuals, groups, and NGOs.

MohakShetty BE (LL.B)
 6. Conduct Investigations
Investigates alleged violations through hearings, factfinding missions, and collection of evidence.

7. Friendly Settlement
Facilitates amicable settlement between the parties whenever possible.

8. Refer Cases to the Court

Refers cases to the Inter-American Court of Human Rights where the State has accepted the
Court's jurisdiction.

9. Human Rights Education

Promotes education, seminars, publications, and awareness programmes.

10. Annual Report

Submits an annual report to the OAS General Assembly.

Powers of the Commission

1. Investigative Powers
 Examine complaints.
 Collect evidence.
 Conduct country visits.
 Hold public hearings.

2. Recommend Reforms
Suggest changes in laws and policies to improve human rights protection.

3. Precautionary Measures
Request urgent measures to prevent irreparable harm.

4. Monitoring Powers
Monitor compliance with human rights obligations by States.

5. Settlement Powers
Promote friendly settlement between victims and States.

6. Referral Powers
Refer appropriate cases to the Inter-American Court.

Procedure under Articles 44–51

Article 44 – Individual Petitions

Individuals, NGOs, or groups may submit complaints against a State Party.

Article 45 – Interstate Complaints

One State Party may bring a complaint against another State Party (subject to acceptance of this
procedure).

Article 46 – Admissibility
A petition is admissible if:
 Domestic remedies have been exhausted.
 It is filed within the prescribed time.
 It is not pending before another international body.

Article 47 – Inadmissibility
A petition is rejected if:
 It does not satisfy admissibility requirements.
 It is manifestly unfounded.
 It is substantially the same as a matter already examined.

MohakShetty BE (LL.B)
 Article 48 – Examination
The Commission investigates the complaint, seeks observations from the State, and may hold
hearings.

Article 49 – Friendly Settlement

The Commission assists the parties in reaching an amicable settlement based on respect for human
rights.

Article 50 – Report
If no settlement is reached, the Commission prepares a report containing its findings and
recommendations.

Article 51 – Final Report

If the State fails to comply with the recommendations, the Commission may issue a final report
and, where applicable, refer the case to the Inter-American Court of Human Rights.

Importance of the Commission

 First international forum for victims of human rights violations.
 Promotes accountability of States.
 Protects individuals through investigation and recommendations.
 Strengthens democracy and the rule of law.
 Plays a central role in the Inter-American human rights system.

Conclusion
Articles 34–51 of the American Convention on Human Rights establish the Inter-American
Commission on Human Rights, define its organisation, composition, powers, and functions, and lay
down the procedure for handling human rights complaints. The Commission serves as the first and
most important regional mechanism for the protection and promotion of human rights in the
Americas. This makes it a vital institution within the Inter-American human rights system.

MohakShetty BE (LL.B)
10B. Inter-American Court of Human Rights
Part II – Chapter VII (Articles 52–73)
Introduction
the American Convention on Human Rights (ACHR), 1969 establish the Inter-American Court of
Human Rights (IACtHR). The Court is the judicial organ of the Inter-American human rights system
and ensures the interpretation and application of the Convention. It is headquartered in San José.

Organisation of the Court

1. Composition (Article 52)

The Court consists of 7 judges.
Qualifications
Each judge must:
 Be of high moral character.
 Have recognized competence in the field of human rights.
 Be qualified for the highest judicial office in his or her country.

2. Election of Judges (Article 53)

Judges are elected by the General Assembly of the Organization of American States (OAS).
Candidates are nominated by the States Parties to the Convention.

3. Term of Office (Article 54)

Judges serve a six year term.
They may be re-elected once.

4. Ad hoc Judges (Article 55)

If a case does not include a judge of the nationality of the State concerned, that State may appoint
an ad hoc judge for that particular case.

5. Quorum (Article 56)

A minimum of five judges constitutes the quorum required for the Court to conduct its proceedings.

6. Rules of Procedure (Article 58)

The Court adopts its own Rules of Procedure governing hearings, evidence, deliberations, and
judgments.

7. Secretariat (Article 59)

The Court is assisted by a Secretariat, headed by a Secretary, which:
 Maintains records.
 Organizes hearings.
 Assists judges.
 Provides administrative and legal support.

Jurisdiction of the Court

1. Contentious Jurisdiction (Articles 61–63)

The Court hears disputes concerning violations of the Convention.
Cases may be submitted by:
The Inter-American Commission on Human Rights, or
A State Party that has accepted the Court's jurisdiction.

2. Advisory Jurisdiction (Article 64)

The Court may issue advisory opinions regarding:
 Interpretation of the Convention.
 Compatibility of domestic laws with the Convention.
 Other human rights treaties applicable in the Americas.

MohakShetty BE (LL.B)
Powers of the Court
1. Interpret the Convention
Provides authoritative interpretation of the ACHR.

2. Decide Human Rights Cases

Hears and decides cases involving violations of Convention rights.

3. Award Reparations (Article 63)

May order:
 Compensation.
 Restitution.
 Rehabilitation.
 Satisfaction.
 Guarantees of non-repetition.

4. Order Provisional Measures

Issues urgent orders to prevent irreparable harm in serious and urgent cases.

5. Issue Advisory Opinions

Provides legal guidance to OAS member States and organs.

6. Supervise Compliance
Monitors whether States implement its judgments.

7. Deliver Final and Binding Judgments

Its decisions are binding on States that have accepted its jurisdiction.

Functions of the Court

1. Protect Human Rights

Ensures effective protection of Convention rights.

2. Settle Disputes
Resolves disputes between States and victims regarding Convention violations.
3. Interpret the Convention
Clarifies the scope and meaning of Convention provisions.

4. Ensure State Accountability

Holds States internationally responsible for human rights violations.

5. Grant Effective Remedies

Provides justice and reparations to victims.

6. Develop Human Rights Jurisprudence

Its judgments contribute to the development of international human rights law.

7. Promote Rule of Law

Strengthens democracy, constitutional governance, and respect for human rights.

8. Publish Annual Reports (Article 65)

Submits an annual report on its activities to the OAS General Assembly.

Procedure Before the Court

1. Case filed by the Commission or a State Party.
2. Examination of jurisdiction and admissibility.
3. Written pleadings and evidence.
4. Public hearings.
5. Judgment on merits.
6. Orders for reparations, if necessary.
7. Supervision of compliance.
MohakShetty BE (LL.B)
Important Case Laws
Case of the Mayagna (Sumo) AwasTingni Community V. Nicaragua (August 31, 2001)
Court finally ordered the government to demarcate the land, recognizing the community is
ancestral and historical title to it, and to establish legal procedures for the demarcation and titling
of the traditional lands of all indigenous communities in Nicargua.

Case of Expelled Dominicans and Haitians v. Dominican Republic (August 28, 2014)
The Commission submitted to the Court this case against the State of the Dominican Republic.
This case related to the arbitrary detention and summary expulsion by the Dominican Republic
within its territory, of the victims who were Haitians and Dominicans of Haitian descent, including
children. Among other things, the IACHR unanimously held that "the State violated the rights to
recognition of juridical personality, the right to protection of the family recognized in Article 17 of
the Convention."

Barrios Altos v. Peru

Held that amnesty laws protecting perpetrators of serious human rights violations are incompatible
with the Convention.

Conclusion
The Inter-American Court of Human Rights, established under Articles 52–73 of the American
Convention on Human Rights, is the highest judicial authority for human rights protection in the
Americas. Through its independent judges, binding judgments, advisory opinions, reparations, and
supervision of compliance, the Court ensures effective enforcement of the Convention and plays a
vital role in strengthening democracy, justice, and the rule of law in the region.

MohakShetty BE (LL.B)
11. African Charter on Human and Peoples' Rights (ACHPR)

Introduction
The African Charter on Human and Peoples' Rights (ACHPR), also known as the Banjul Charter, is
the principal regional human rights instrument of Africa. It was adopted by the Organization of
African Unity (OAU), now the African Union, to promote and protect human rights across the
African continent.
 Adopted: 27 June 1981, Banjul, The Gambia
 Came into force: 21 October 1986
 Administered by: African Union
 Objective: To promote and protect human rights and fundamental freedoms while
recognizing both individual rights and collective (peoples') rights.

Objectives of the Charter

1. To protect human rights and fundamental freedoms.

2. To promote equality and human dignity.
3. To eliminate discrimination.
4. To safeguard civil, political, economic, social, and cultural rights.
5. To recognize the rights of peoples, including the right to self-determination and development.
6. To encourage cooperation among African States in protecting human rights.

Structure of the Charter

 Part I – Rights and Duties (Articles 1–29)

Chapter I (Articles 1–26): Human and Peoples' Rights
Chapter II (Articles 27–29): Duties of Individuals

 Part II – Measures of Safeguard (Articles 30–63)

Chapter I (Articles 30–44): African Commission – Establishment, Organization and Composition
Chapter II (Articles 45–59): Functions, Powers and Procedure of the Commission
Chapter III (Articles 60–63): Applicable Principles and State Reporting System

 Part III – General Provisions (Articles 64–68)

Chapter I (Articles 64–66): Ratification, Entry into Force and General Provisions
Chapter II (Articles 67–68): Amendments to the Charter

Preamble

Emphasises important of freedom, equality, justice, and dignity for achievement of legitimate
aspiration of African people, eradicate colonialism, promote better lives and foster international Co-
operation.

Rights Guaranteed under the Charter

Civil and Political Rights

 Right to equality before the law
 Right to life
 Right to dignity
 Freedom from slavery
 Freedom from torture
 Right to liberty and security
 Right to fair trial
 Freedom of conscience and religion
 Freedom of expression
 Freedom of association
 Freedom of assembly
 Freedom of movement
 Right to participate in government

MohakShetty BE (LL.B)
Economic, Social and Cultural Rights
 Right to work
 Right to health
 Right to education
 Protection of family
 Right to property
 Right to cultural development

Peoples' Rights
 Right to self-determination
 Right to development
 Right to peace and security
 Right to a satisfactory environment
 Right to freely dispose of natural resources

Duties of Individuals (Articles 27–29)

Unlike most human rights treaties, the Charter also imposes duties on individuals:
 Respect others' rights.
 Respect family and parents.
 Preserve national security.
 Pay taxes.
 Protect public property.
 Promote African unity.
 Preserve cultural values.

Salient Features
 Applies to all African Union Member States that have ratified it.
 Recognizes both individual rights and peoples' rights.
 Imposes duties on individuals towards society and the State.
 Establishes the African Commission on Human and Peoples' Rights.
 Led to the establishment of the African Court on Human and Peoples' Rights through a later
protocol.
 Prohibits discrimination on grounds such as race, ethnicity, colour, sex, language, religion,
political opinion, national or social origin, fortune, birth, or other status.

Enforcement Mechanism
 African Commission on Human and Peoples' Rights
 African Court on Human and Peoples' Rights
Importance of the Charter
 First comprehensive African human rights treaty.
 Recognizes collective rights (Peoples' Rights).
 Balances rights with duties.
 Protects civil, political, economic, social, and cultural rights in one instrument.
 Strengthens democracy, peace, and the rule of law in Africa.
 Serves as the foundation of the African regional human rights system.

Criticism
 Weak enforcement mechanisms.
 Dependence on State cooperation.
 Delays in implementation.
 Some States fail to comply with decisions.
 Limited access of individuals to the African Court.

Conclusion
The African Charter on Human and Peoples' Rights, 1981 is a landmark regional human rights
treaty that uniquely combines individual rights, peoples' rights, and individual duties. It forms the
cornerstone of the African human rights protection system and has significantly influenced the
promotion of democracy, justice, and human dignity throughout Africa. Despite enforcement
challenges, it remains one of the most important regional human rights instruments in
international law.
MohakShetty BE (LL.B)
11A. African Court on Human and Peoples' Rights
Introduction
The African Court on Human and Peoples' Rights is the judicial organ established by the 1998
Protocol to the African Charter on Human and Peoples' Rights. It complements the work of the
African Commission on Human and Peoples' Rights by ensuring the protection of human and
peoples' rights in Africa.
 Protocol Adopted: 9 June 1998
 Protocol Entered into Force: 25 January 2004
 Court Established: 2004
 Headquarters: Arusha

Structure (Composition) of the Court

1. Composition
The Court consists of 11 judges elected from among nationals of the Member States of the African
Union.

2. Qualifications
Judges must:
 Be persons of high moral character.
 Possess recognized competence in human rights, international law, or judicial experience.
 Be independent and impartial.

3. Election of Judges
Judges are elected by the Assembly of Heads of State and Government of the African Union.
Only one judge may be elected from each Member State.

4. Term of Office
Judges serve for six years.
 They may be reelected once.
 The President serves fulltime, while the other judges generally serve on a parttime basis
unless required.

5. Officers
The Court elects:
 President
 VicePresident

6. Registry
The Court has a Registry, headed by a Registrar, which:
 Maintains records.
 Registers applications.
 Organizes hearings.
 Provides administrative and legal assistance.

Jurisdiction of the Court

The Court has the following jurisdiction:

1. Contentious Jurisdiction
The Court hears disputes concerning:
 The African Charter on Human and Peoples' Rights.
 The 1998 Protocol.
 Other human rights treaties ratified by the States concerned.

2. Advisory Jurisdiction
The Court may give advisory opinions on legal questions relating to:
 The African Charter.
 Other human rights instruments.

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3. Personal Jurisdiction
Cases may be brought by:
 The African Commission on Human and Peoples' Rights.
 States Parties.
 African intergovernmental organizations.
 Individuals and NGOs only where the respondent State has made a declaration accepting
such direct access.

Powers of the Court

The Court has the power to:
1. Interpret the African Charter and other human rights treaties.
2. Decide disputes involving human rights violations.
3. Issue binding judgments.
4. Award compensation and reparations to victims.
5. Order provisional (interim) measures in urgent cases.
6. Issue advisory opinions.
7. Monitor compliance with its judgments.
8. Refer matters to the African Union where States fail to comply.

Functions of the Court

1. Protection of Human Rights
Protects the rights guaranteed under the African Charter.

2. Interpretation of Human Rights Law

Interprets the Charter and other applicable human rights treaties.

3. Settlement of Disputes
Resolves disputes between States and victims concerning human rights violations.

4. Judicial Enforcement
Ensures effective enforcement of human rights obligations.

5. Promotion of Rule of Law

Strengthens democracy, justice, and constitutional governance.

6. Development of Human Rights Jurisprudence

Develops African human rights law through its judgments.

7. Advisory Function
Provides advisory opinions to African Union institutions and Member States.

8. Protection in Urgent Cases

Orders provisional measures to prevent irreparable harm.

Procedure Before the Court

Step 1 – Filing of Application
An application may be filed by:
 African Commission.
 State Party.
 African intergovernmental organization.
 Eligible individuals or NGOs.

Step 2 – Registration
The Registry registers the application.

Step 3 – Preliminary Examination

The Court examines:
 Jurisdiction.
 Admissibility.
 Exhaustion of domestic remedies.
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 Step 4 – Written Proceedings
Parties submit pleadings, evidence, and written arguments.

Step 5 – Oral Hearing

The Court conducts public hearings where necessary.

Step 6 – Judgment
The Court delivers a reasoned judgment.

Step 7 – Enforcement
The respondent State must comply with the judgment, and the African Union Executive Council
monitors implementation.

Remedies Granted by the Court

If the Court finds a violation, it may grant:

1. Declaration of Violation
Declares that the State has violated the Charter.
2. Compensation
Awards monetary compensation to victims.
3. Restitution
Orders restoration of rights or property.
4. Rehabilitation
Orders medical, psychological, or social rehabilitation.
5. Satisfaction
Requires public apologies or acknowledgment of wrongdoing.
6. Guarantees of Non-Repetition
Orders legislative, administrative, or institutional reforms to prevent future violations.
7. Provisional Measures
Orders urgent temporary measures to protect victims from irreparable harm while the case is
pending.

Important Case Laws

Tanganyika Law Society and The Legal and Human Rights Centre v. Tanzania
The Court held that restrictions preventing independent candidates from contesting elections
violated the African Charter.

Alex Thomas v. Tanzania

The Court found violations of the right to a fair trial and ordered appropriate remedies, including
compensation.

Salient Features
 Independent regional human rights court.
 11 judges elected by the African Union.
 Located in Arusha, Tanzania.
 Binding judgments on States Parties.
 Advisory and contentious jurisdiction.
 Can award compensation and other reparations.
 Complements the work of the African Commission.

Conclusion

The African Court on Human and Peoples' Rights is the highest regional judicial body for human
rights protection in Africa. Through its 11 independent judges, binding judgments, advisory
opinions, and wide remedial powers, it ensures effective implementation of the African Charter on
Human and Peoples' Rights. Together with the African Commission, it forms the cornerstone of the
African regional human rights protection system.

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11B. African Commission on Human and Peoples' Rights (ACHPR)
Introduction
The African Commission on Human and Peoples' Rights is the principal body established under
Part II (Articles 30–63) of the African Charter on Human and Peoples' Rights, 1981 (Banjul Charter).
The Commission was created to promote and protect human and peoples' rights throughout Africa.
 Established under: Articles 30–63 of the African Charter.
 Established: 1987.
 Headquarters: Banjul.

I. Structure (Composition) of the Commission

1. Composition
The Commission consists of 11 Commissioners.

2. Qualifications
The Commissioners must:
 Be persons of high moral character.
 Possess integrity, impartiality, and competence in human and peoples' rights.
 Have recognized experience in law, human rights, or related fields.

3. Election
Commissioners are elected by the Assembly of Heads of State and Government of the African
Union.

4. Term of Office
Commissioners serve for six years.
They are eligible for re-election.

5. Officers
The Commission elects:
 Chairperson
 Vice Chairperson

6. Secretariat
The Commission is assisted by a Secretariat, headed by a Secretary, which:
 Registers communications.
 Organizes meetings.
 Maintains records.
 Assists in investigations.
 Provides administrative and legal support.

Jurisdiction
The Commission has the following jurisdiction:

1. Promotional Jurisdiction
Promotes awareness of human rights through:
 Education.
 Research.
 Publications.
 Seminars and conferences.

2. Protective Jurisdiction
Examines complaints alleging violations of the African Charter.

3. Interpretative Jurisdiction
Interprets the provisions of the African Charter when requested by:
 African Union institutions.
 Member States.
 African organizations recognized by the African Union.
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 4. Advisory Jurisdiction
Provides opinions and recommendations on human rights issues.

Powers of the Commission

The Commission has power to:
1. Receive communications (complaints) from individuals, NGOs, and States.
2. Investigate alleged human rights violations.
3. Conduct fact finding missions and country visits.
4. Request information from governments.
5. Attempt amicable (friendly) settlement of disputes.
6. Issue recommendations to States.
7. Interpret the African Charter.
8. Refer appropriate cases to the African Court on Human and Peoples' Rights.
9. Prepare annual reports for the African Union.

Functions of the Commission

1. Promotion of Human Rights
Promotes awareness of human rights through education, publications, and training.

2. Protection of Human Rights

Protects individuals and peoples against violations of the Charter.

3. Investigation
Investigates complaints and conducts country missions.

4. Interpretation
Interprets the African Charter whenever requested.

5. Settlement of Disputes
Attempts to resolve disputes through negotiation and friendly settlement.

6. Recommendations
Makes recommendations to governments for improving human rights protection.

7. Cooperation
Cooperates with governments, NGOs, and international organizations.

8. Annual Reports
Submits annual reports to the African Union Assembly.

Procedure Before the Commission

Step 1 – Submission of Communication
A complaint may be submitted by:
 Individuals.
 NGOs.
 States.

Step 2 – Registration
The Secretariat registers the communication.

Step 3 – Admissibility
The Commission examines whether:
 Domestic remedies have been exhausted.
 The communication is not anonymous.
 The complaint is compatible with the Charter.

Step 4 – Investigation
The Commission:
 Collects evidence.
 Requests information.
 Conducts hearings if necessary.
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 Step 5 – Friendly Settlement
The Commission attempts to settle the dispute amicably.
Step 6 – Decision and Recommendations
If settlement fails, the Commission issues findings and recommendations.
Step 7 – Referral to the Court
Where appropriate, the Commission may refer the matter to the African Court on Human and
Peoples' Rights.
Remedies
When a violation is established, the Commission may recommend:
1. Declaration of Violation
Declares that the State has violated the African Charter.
2. Compensation
Recommends payment of compensation to victims.
3. Restitution
Recommends restoration of rights or property.
4. Rehabilitation
Recommends medical, psychological, or social rehabilitation.
5. Legislative Reform
Recommends amendment or repeal of laws inconsistent with the Charter.

6. Administrative Measures
Recommends changes in government policies or practices.

7. Guarantees of Non-Repetition
Recommends measures to prevent future violations.

Important Case Laws

1. Social and Economic Rights Action Center (SERAC) and Center for Economic and Social
Rights v. Nigeria

The Commission held Nigeria responsible for violating the rights to health, property, housing, and a
satisfactory environment of the Ogoni people.

2. Zimbabwe Human Rights NGO Forum v. Zimbabwe

The Commission found violations of the rights to liberty, security, and freedom from torture and
recommended compensation and legal reforms.

Salient Features
 Composed of 11 Commissioners.
 Headquarters in Banjul, The Gambia.
 Promotes, protects, and interprets the African Charter.
 Receives individual, NGO, and State communications.
 Conducts investigations and fact finding missions.
 Makes recommendations and refers cases to the African Court.
 Strengthens human rights protection across Africa.

Conclusion
The African Commission on Human and Peoples' Rights is the primary quasi-judicial body
established under the African Charter to promote, protect, and interpret human rights in Africa.
Through its 11 Commissioners, investigative powers, promotional activities, complaint procedures,
and recommendations, it plays a central role in safeguarding human and peoples' rights. Together
with the African Court on Human and Peoples' Rights, it forms the foundation of the African
regional human rights protection system.

MohakShetty BE (LL.B)
 12. WRITS

Introduction

Writs are constitutional remedies designed to look after the violation of fundamental rights
enshrined in part III of the constitution. It is a written order in the forms mentioned in the
constitution. It is an order to do a particular thing or stop from doing it. It can be issued by the
Supreme Court under Article 32 and under 226 by the High Court. These are the remedies
entrusted by the constitution for the enforcement of fundamental rights. It can be in the form of
orders, warrants, directions, summons, etc. The aggrieved person applies for issuance of a writ
through presenting a writ petition before the competent authority. Dr. B.R. Ambedkar remarked
Article 32 as the heart and soul of the constitution.

Types of Writs
1. Habeas Corpus
2. Mandamus
3. Certiorari
4. Quo Warranto
5. Prohibition

Habeas Corpus
 The literal meaning of Habeas Corpus is ―to have the body‖.
 The objective of this writ is to remove a person from unlawful detention or custody.
 The court orders that person before it to inquire into the legitimacy of the detention.
 The competent court orders the release of the person in custody if it finds it arbitrary.
 The cardinal principle of this writ is the right to freedom.
 The writ cannot be invoked if the order to arrest the person from competent authority seems under
jurisdiction and prima facie legal.
 The writ can be issued against public authorities and individuals.
 The writ of Habeas Corpus can be filed by the detained person, his family or friends.

Conditions
There are three major conditions upon which this writ can be issued:
 The detained person is not presented before the magistrate within 24 hours of the arrest.
 The arrest was made under an unconstitutional law.
 The person was arrested without any violation of the law.

Case Laws
1. In the case of Sunil Batra v. Delhi Administration (1980), an application in the form of a letter was
filed before the apex court by a prisoner in the place of his prison inmate stating the manhandling by
the jail officials. The apex court issues the writ of Habeas Corpus upon the application which clarified
that the writ is not only available against wrongful detention but for the protection against indecent
behavior during the period of detention.
2. In the matter of ADM Jabalpur v. Shivkant Shukla (1976), it was held that Article 21 can be restricted
by the state. The case is known as the darkest judgment in history. It is also known as the habeas
corpus case

Mandamus

 The literal meaning of mandamus is ―we command‖

 The court issue is the form of a direction to public authority to perform a particular task.
 It must be filed in good faith by the person having the legal right.
 It can be issued against government, public officials, inferior courts, tribunals and public corporations.
 It is issued against the public authority denying performing its duty or has failed to do so.
 It cannot be issued against private individuals, President and Governors, and Chief Justice.

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 Exceptions
 Non-statutory departmental functions
 It cannot be invoked in matters where the duty is discretionary
 Against right of private nature
 It the direction will be in contravention with the law
 In the matter of an alternative remedy available

Case Laws
1. In the case of Union of India v. S.B. Vohraxi (2004), the Supreme Court upheld the exceptions denying
the presenting of writ of mandamus on the exempted ground.
2. In the case of Suganmal v. State of M.P (1965), the apex court clarified that if an alternative legal
remedy is available writ of mandamus cannot be invoked.

Certiorari
 It stands for ―to certify‖
 The writ can be issued when the court finds the decision of the lower court erroneous or beyond its
authority.
 It is used as curative writ petition
 The court has the authority to take charge of the case by transferring it before itself or quashing the
verdict of another inferior court.
 Before 1991 the writ was only allowed to be issued against the judicial authority or quasi-judicial
authority and not the administrative authority but post 1991 1it can be issued against the
administrative authority as well.
 It cannot be issued against private people.

Grounds
 When the inferior court lacked jurisdiction while giving a judgment
 When the inferior court performed beyond their jurisdiction
 When the inferior court acts against the procedural law
 When principle of natural justice is not performed by the court

Procedure
 Filing of petition in the court by an advocate
 The petition must include all the required information related to the accused
 Notice is sent to the opposite party
 Court passes the judgment in the format of writ after hearing both parties

Case Laws
1. In the case of Yekoob v. K.S. Radhakrishnan (1965) the court stated that this writ cannot be invoked
for appeal.
2. In the matter of Radhey Shyam and anr. v. Chhabi Nath and Ors. (2015) the court said that power
under Article 227 cannot be used for writ filed under Article 226.

Quo warranto

 Quo- warranto stands for ―by what authority or warrant‖

 It is used by the court to stop the excessive use or abuse of authority
 The court issues the writ to ask the public official to table his authority of holding that office, and court
can suspend his authority.
 It cannot be issued against private individuals.

Grounds
 A person has held a public office without authority.
 The person is unqualified under the Constitution of India to hold the office.
 Permanent term
 It must be a public office

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 Case Laws
1. The writ of Quo warranto can be invoked against private office was held in the case of Amarendra
Chandra v. Narendra Kumar Basu, (1951). The same ratio was decided in the case of Jamalpur Arya
Samaj Sabha v. Dr D Rama (AIR 1954).
2. It was held in the case of University of Mysore v. CD Govinda Rao, (1963), that the public office must be
of a statutory nature to issue the writ of Quo warranto.

Prohibition

 It stands for ―to forbid‖

 Th writ aims to stop the judicial, quasi-judicial authorities along with tribunals from exceeding their
authority.
 It works opposite to mandamus as it directs the authority to prohibit any activity.
 The higher court can issue this against the lower court.
 The objective to direct the inactivity is to prevent the excessive application of one‘s jurisdiction.
 It cannot be invoked against legislative bodies, administrative bodies and private individuals.

Conditions
 Application of power beyond the jurisdiction
 Infringement of Principles of Natural Justice
 Using invalid law
 Conducting in contravention of basic legal rights
 Performed error based on record

Case Laws
 In the case of Hari Vishnu v. Syed Ahmed Ishaque (1955) it was held by the court that this writ can be
issued only when the decision has not been given by the court.
 Writ cannot be issued after the execution of the order was confirmed in the case of Prudential Capital
Markets Ltd v. The State of A.P. and others, (2000).

MohakShetty BE (LL.B)
13. Protection of Human Rights Act, 1993 (PHRA)
Introduction
The Protection of Human Rights Act, 1993 (Act No. 10 of 1994) was enacted by the Parliament of
India to provide for the better protection and promotion of human rights. The Act came into force
on 8 January 1994. It was enacted in conformity with India's constitutional commitment and
international obligations under instruments such as the Universal Declaration of Human Rights
(UDHR) and the International Covenant on Civil and Political Rights (ICCPR).
The Act establishes the National Human Rights Commission (NHRC), State Human Rights
Commissions (SHRCs), and Human Rights Courts to ensure effective protection of human rights.

Meaning of Human Right

According to Section 2(1)(d) of the Act:
"Human rights" means the rights relating to life, liberty, equality and dignity of the individual,
guaranteed by the Constitution or embodied in the International Covenants and enforceable by
courts in India.
Objectives of the Act
1. To protect and promote human rights.
2. To establish the National Human Rights Commission.
3. To establish State Human Rights Commissions.
4. To provide Human Rights Courts for speedy trial of offences.
5. To prevent violations of human rights by public authorities.
6. To create awareness regarding human rights.
7. To review safeguards available under the Constitution and laws.
8. To encourage NGOs and institutions working for human rights.

Scope of the Protection of Human Rights Act, 1993

Originally, it was provided in Section 1(2) of the Act that this Act applies to the whole of India and,
in the case of Jammu and Kashmir, it applies to the union list and concurrent list only. However,
this proviso has been omitted by Act 34 of 2019, and effectively, now this Act extends to the whole
of India.

Salient features of the Protection of Human Rights Act, 1993

 To protect human beings from violations of their rights. ―Human Rights‖ include the right to
life, liberty, equality, and dignity, as guaranteed by the constitution.
 To protect these rights from abuses of power committed by state bodies.
 To establish an organization for the advancement of existing living beings and the
development of their personalities.
 To provide effective and necessary actions for securing remedies in the event of a violation of
rights.
 The most significant feature of the Act is that it establishes the National Human Rights
Commission, State Human Rights Commissions, and Human Rights Courts to prevent and
prosecute serious human rights violations.

Important provisions of the Protection of Human Rights Act, 1993

The important provisions of the Act could be divided into four parts as follows:
1. Definition of “Human Rights” [Chapter I, Sec. 2 of the Act]
2. NHRC: Constitution, Functions, Power, and Procedure [Chapters II, III, & IV, Sec. 320]
3. SHRC: Constitution, Functions, Power and Procedure [Chapter V, Sec. 2129]
4. Human Rights Courts [Chapter VI, Sec. 30 & 31]

Structure of the Protection of Human Rights Act, 1993

Chapter I – Preliminary (Sections 1–2)

This chapter contains the short title, extent, commencement of the Act, and definitions of important
terms such as "human rights," "Commission," and "Public Servant."

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Chapter II – National Human Rights Commission (Sections 3–11)
This chapter provides for the establishment, composition, appointment, tenure, resignation,
removal, staff, and procedure of the National Human Rights Commission (NHRC).
Chapter III – Functions and Powers of the Commission (Sections 12–16)
This chapter specifies the functions and powers of the NHRC, including inquiry into human rights
violations, intervention in court proceedings, inspection of prisons, review of safeguards, promotion
of human rights awareness, and research.
Chapter IV – Procedure for Inquiry (Sections 17–20)
This chapter lays down the procedure for conducting inquiries into complaints of human rights
violations, the powers of investigation, action on inquiry reports, and special provisions relating to
cases involving the armed forces.

Chapter V – State Human Rights Commissions (Sections 21–29)

This chapter provides for the constitution, composition, appointment, powers, functions, staff, and
procedure of the State Human Rights Commissions (SHRCs).

Chapter VI – Human Rights Courts (Sections 30–31)

This chapter provides for the establishment of Human Rights Courts in every district for the speedy
trial of offences arising out of human rights violations and the appointment of Special Public
Prosecutors.

Chapter VII – Finance, Accounts and Audit (Sections 32–35)

This chapter deals with grants by the Central and State Governments, maintenance of accounts,
auditing of accounts, and submission of financial reports by the Commissions.
Chapter VIII – Miscellaneous (Sections 36–43)
This chapter contains miscellaneous provisions relating to limitation on inquiries, protection of
actions taken in good faith, rule-making powers of the Central and State Governments, delegation
of powers, and other supplementary provisions.

Limitations of the Act

1. NHRC recommendations are not binding.
2. It cannot punish offenders directly.
3. Complaints older than one year are generally not entertained.
4. Limited jurisdiction over the armed forces.
5. Delay in implementation of recommendations.
6. Dependence on government agencies for investigation.
Important Amendments (2019)
 Reduced the tenure of Chairperson and Members from five years to three years.
 Expanded eligibility for the Chairperson.
 Increased representation of members with human rights expertise.
 Strengthened provisions relating to State Human Rights Commissions.
Important Case Laws

1. D.K. Basu v. State of West Bengal (1997)

The Supreme Court laid down guidelines to prevent custodial torture and deaths.
Strengthened protection of the right to life under Article 21.

2. People's Union for Civil Liberties (PUCL) v. Union of India (1997)

The Court recognized the importance of privacy and telephone tapping safeguards, reinforcing
human rights protections.

3. Nilabati Behera v. State of Orissa (1993)

The Supreme Court awarded compensation for custodial death and held that the State is liable for
violation of fundamental rights.

4. Vishaka v. State of Rajasthan (1997)

The Supreme Court framed guidelines against sexual harassment at the workplace by relying on
international human rights conventions.
MohakShetty BE (LL.B)
Conclusion
The Protection of Human Rights Act, 1993 is a landmark legislation that institutionalizes the
protection of human rights in India through the NHRC, SHRCs, and Human Rights Courts.
Although the Commission's recommendations are advisory in nature, the Act has significantly
contributed to protecting life, liberty, equality, and dignity. Strengthening the enforcement powers
of the Commissions and ensuring timely implementation of their recommendations would make the
Act more effective in safeguarding human rights.

14. National Human Rights Commission (NHRC)

Introduction
The National Human Rights Commission (NHRC) is a statutory body established under the
Protection of Human Rights Act, 1993 (Sections 3–11) for the protection and promotion of human
rights in India. It began functioning on 12 October 1993. The Commission is an independent body
that investigates violations of human rights and recommends appropriate remedial measures.

Definition of Human Rights

Under Section 2(1)(d) of the Protection of Human Rights Act, 1993

Human rights mean the rights relating to life, liberty, equality, and dignity of the individual,
guaranteed by the Constitution or embodied in international covenants and enforceable by courts
in India.

Composition of NHRC (Section 3)

The Commission consists of:

 Chairperson – A former Chief Justice of India.
 One Member – A Judge of the Supreme Court.
 One Member – A Chief Justice of a High Court.
 Three Members having knowledge or practical experience in the field of human rights.
 The Chairpersons of the National Commissions for Scheduled Castes, Scheduled Tribes,
Women, Minorities, Backward Classes, Protection of Child Rights, and Persons with
Disabilities are ex-officio members as provided by law.

Appointment
The Chairperson and Members are appointed by the President of India on the recommendation of a
committee consisting of:
 Prime Minister – Chairperson
 Speaker of the Lok Sabha
 Union Home Minister
 Leader of Opposition in the Lok Sabha
 Leader of Opposition in the Rajya Sabha
 Deputy Chairman of the Rajya Sabha

Tenure
Three years or until attaining the age of 70 years, whichever is earlier.
Eligible for reappointment as provided under the Act.

Removal of Chairperson or Members

The President may remove the Chairperson or a Member on the grounds of:
 Proven misbehaviour
 Incapacity
 Insolvency
 Conviction for an offence involving moral turpitude
 Physical or mental infirmity
 Engaging in paid employment outside official duties

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 Powers of NHRC (Section 13)
While conducting an inquiry, the NHRC has the powers of a Civil Court under the Code of Civil
Procedure, including:
 Summoning and examining witnesses
 Receiving evidence on affidavits
 Discovery and production of documents
 Requisitioning public records
 Issuing commissions for examination of witnesses
 Conducting spot inspections and investigations

Functions of NHRC (Section 12)

The Commission performs the following functions:
1. Inquiries into complaints of human rights violations.
2. Investigates negligence by public servants in preventing violations.
3. Intervenes in court proceedings involving human rights with the court's approval.
4. Visits prisons, detention centres, and other institutions to examine living conditions.
5. Reviews constitutional and legal safeguards for human rights.
6. Recommends measures for effective implementation of safeguards.
7. Studies international treaties and human rights conventions.
8. Promotes research in the field of human rights.
9. Conducts awareness and education programmes.
10. Encourages the efforts of NGOs working for human rights.

Procedure of Inquiry
The NHRC may:
 Receive complaints from victims or any person on their behalf.
 Take suo motu cognizance of violations.
 Call for reports from the concerned authorities.
 Conduct investigations through its own investigation division or other agencies.
 Recommend compensation or disciplinary action.
 Approach the Supreme Court or High Courts for appropriate directions.
Jurisdiction of the National Human Rights Commission (NHRC)
The jurisdiction of the National Human Rights Commission (NHRC) refers to the scope of its
authority to inquire into and deal with matters relating to human rights under the Protection of
Human Rights Act, 1993.

1. SubjectMatter Jurisdiction
The NHRC has jurisdiction to inquire into:
 Violations of human rights by a public servant.
 Negligence by a public servant in preventing human rights violations.
 Matters relating to the rights of life, liberty, equality, and dignity guaranteed by the
Constitution or international human rights conventions enforceable in India.
2. Territorial Jurisdiction
 The NHRC has jurisdiction throughout India.
 It can inquire into matters concerning the Central Government, Union Territories, and
States, subject to the provisions of the Act.
 Where a State Human Rights Commission (SHRC) is already inquiring into a matter, the
NHRC ordinarily does not inquire into the same matter.

3. Jurisdiction in Court Matters

Under Section 12(b), the NHRC may intervene in any court proceeding involving allegations of
human rights violations, with the approval of the concerned court.

4. Suo Motu Jurisdiction

The NHRC may take suo motu (on its own motion) cognizance:
 On the basis of newspaper reports.
 Media reports.
 Information from NGOs.
 Any other reliable source indicating human rights violations.
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 5. Jurisdiction over Prisons and Institutions
The NHRC may:
 Visit prisons, juvenile homes, mental health institutions, and detention centres.
 Examine the living conditions of inmates.
 Recommend measures for improving their welfare and protecting their human rights.

6. Jurisdiction to Review Laws and Safeguards

The Commission may:
 Review constitutional and legal safeguards for human rights.
 Study factors, including terrorism, affecting the enjoyment of human rights.
 Recommend legislative or administrative reforms.

Limitations of NHRC
 Recommendations are advisory and not legally binding.
 Cannot punish offenders directly.
 Normally cannot inquire into complaints filed after one year from the date of the incident.
 Limited jurisdiction over matters involving the armed forces.
 Depends on government agencies for implementation of recommendations.

Important Case Laws

1. D.K. Basu v. State of West Bengal (1997)
The Supreme Court laid down guidelines to prevent custodial torture and deaths, strengthening
the protection of Article 21.

2. Nilabati Behera v. State of Orissa (1993)

The Court held the State liable for custodial death and awarded compensation to the victim's
family.

3. People's Union for Civil Liberties (PUCL) v. Union of India (1997)

The Supreme Court protected the right to privacy by prescribing safeguards against arbitrary
telephone tapping.

Importance of NHRC
 Protects the fundamental rights of citizens.
 Ensures accountability of public authorities.
 Promotes awareness and education on human rights.
 Recommends compensation and policy reforms.
 Strengthens India's compliance with international human rights standards.

Conclusion
The National Human Rights Commission is India's premier statutory body for the protection and
promotion of human rights. Through its investigative, advisory, and educational functions, it plays
a vital role in safeguarding the rights to life, liberty, equality, and dignity guaranteed under the
Constitution. Although its recommendations are not binding, the NHRC has significantly
contributed to improving human rights governance in India. Strengthening its enforcement powers
and ensuring timely implementation of its recommendations would further enhance its
effectiveness.

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15. State Human Rights Commission (SHRC)
Introduction
The State Human Rights Commission (SHRC) is a statutory body established under Sections 21 to
29 of the Protection of Human Rights Act, 1993. It is constituted by the State Government to
protect and promote human rights within the State. The SHRC performs functions similar to the
National Human Rights Commission (NHRC) but deals with matters relating to the State List and
Concurrent List under the Constitution.

Definition of Human Rights

Under Section 2(1)(d) of the Protection of Human Rights Act, 1993

Human rights mean the rights relating to life, liberty, equality, and dignity of the individual,
guaranteed by the Constitution or embodied in international covenants and enforceable by courts
in India.

Composition of SHRC (Section 21)

The State Human Rights Commission consists of:

 Chairperson – A former Chief Justice of a High Court.
 One Member – A serving or former Judge of a High Court.
 One Member – A serving or former District Judge with at least 7 years' experience as a
District Judge.
 Three Members having knowledge or practical experience in the field of human rights.
 Secretary – The Chief Executive Officer of the Commission.

Appointment
The Chairperson and Members are appointed by the Governor of the State on the recommendation
of a committee consisting of:
 Chief Minister – Chairperson
 Speaker of the Legislative Assembly
 Home Minister of the State
 Leader of Opposition in the Legislative Assembly
(Where the State has a Legislative Council, the Chairman of the Legislative Council and the Leader
of Opposition in the Council are also members of the committee.)

Tenure
The Chairperson and Members hold office for three years or until attaining the age of 70 years,
whichever is earlier.
They are eligible for reappointment as provided under the Act.

Jurisdiction
The SHRC has jurisdiction over matters relating to:
 Human rights violations by public servants within the State.
 Subjects falling under the State List and Concurrent List of the Constitution.
 Negligence by public servants in preventing human rights violations.
 It cannot inquire into matters already pending before the National Human Rights
Commission (NHRC).

Powers of SHRC
While conducting an inquiry, the SHRC has powers similar to those of a Civil Court, including:
 Summoning and examining witnesses.
 Receiving evidence on affidavits.
 Requiring the production of documents.
 Requisitioning public records.
 Issuing commissions for examination of witnesses.
 Conducting investigations and inspections.

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Functions of SHRC
The Commission performs the following functions:
1. Inquire into complaints of human rights violations.
2. Investigate negligence by public servants.
3. Visit prisons, detention centres, and correctional institutions.
4. Review constitutional and legal safeguards relating to human rights.
5. Recommend measures for effective implementation of human rights.
6. Promote research and education on human rights.
7. Encourage NGOs and institutions working in the field of human rights.
8. Recommend payment of compensation and disciplinary action where appropriate.

Procedure of Inquiry
The SHRC may:
 Entertain complaints from victims or any person on their behalf.
 Take suo motu cognizance of human rights violations.
 Call for reports from the State Government or authorities.
 Conduct investigations through its own investigation wing or police agencies.
 Submit recommendations to the State Government.

Limitations
 Recommendations of the SHRC are advisory and are not legally binding.
 It cannot punish offenders directly.
 It generally cannot inquire into complaints filed after one year from the date of the alleged
violation.
 It cannot inquire into matters pending before the NHRC.
 It has no jurisdiction over matters falling exclusively under the Union List.

Importance of SHRC
 Protects the human rights of people at the State level.
 Provides an accessible forum for redress of grievances.
 Monitors prisons and detention centres.
 Promotes awareness of constitutional and human rights.
 Assists the State Government in improving human rights protection.

Conclusion
The State Human Rights Commission is an important institution established under the Protection
of Human Rights Act, 1993 to safeguard human rights at the State level. It acts as a watchdog
against violations by public authorities and promotes respect for the rights to life, liberty, equality,
and dignity. Although its recommendations are not binding, the SHRC plays a significant role in
strengthening human rights governance and ensuring accountability within the States.

MohakShetty BE (LL.B)
16. Human Rights and the Constitution of India
Introduction
Human rights are the basic rights and freedoms inherent to every human being, irrespective of
race, religion, sex, nationality, caste, or language. The Constitution of India, which came into force
on 26 January 1950, guarantees these rights and provides legal protection against their violation.
The Constitution reflects the ideals of the Universal Declaration of Human Rights (UDHR), 1948,
and seeks to establish justice, liberty, equality, and dignity for every individual.

Meaning of Human Rights

Human rights are those rights that are essential for the protection of the life, liberty, equality, and
dignity of every person. In India, these rights are protected by the Constitution and various laws.

Definition
Under Section 2(1)(d) of the Protection of Human Rights Act, 1993:

"Human rights" means the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in international covenants and enforceable by courts
in India.

Development of Human Rights in India

1. Ancient Indian Tradition

The concept of human rights has existed in India since ancient times.
It is reflected in the principles of Buddhism, Jainism, and Hinduism.

2. Religious Texts
Ancient scriptures such as the Vedas, Bhagavad Gita, Arthashastra, and Dharmashastra
emphasized justice, equality, morality, and protection of human dignity.

3. Medieval Period
Muslim rulers, especially Akbar and Jahangir, promoted justice, religious tolerance, and
protection of people's rights.

4. British Rule
During British colonial rule, Indians suffered widespread violations of civil and political rights.
These injustices led to the growth of the modern human rights movement in India.

5. Constituent Assembly (1947)

On 24 January 1947, the Constituent Assembly appointed the Advisory Committee on
Fundamental Rights under the chairmanship of Sardar Vallabhbhai Patel.

6. Drafting of Fundamental Rights

The list of Fundamental Rights was prepared by leaders including:
 B. R. Ambedkar
 B. N. Rau
 K. T. Shah
 Harnam Singh
 K. M. Munshi
 Members of the Congress Expert Committee.

7. Adoption of Fundamental Rights

Although several amendments were proposed, there was broad agreement on the basic principles
of Fundamental Rights.

8. Influence of the Universal Declaration of Human Rights (UDHR)

The Indian Constitution incorporated most of the principles of the Universal Declaration of
Human Rights (1948) through:
Part III – Fundamental Rights, and
Part IV – Directive Principles of State Policy (DPSPs).
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9. Motilal Nehru Committee Report, 1928
 The report recognized 19 Fundamental Rights.
 Of these:
a) 10 rights were later incorporated into the Fundamental Rights in the Constitution.
b) 3 rights were later reflected as Fundamental Duties.

10. Constitution of India (1950)

The Constitution, which came into force on 26 January 1950, became the primary source of
human rights protection in India through Fundamental Rights, Directive Principles, and later
Fundamental Duties.

Objectives of Human Rights under the Constitution of India

1. To protect the dignity of every individual.
2. To ensure equality before the law without discrimination.
3. To safeguard life and personal liberty of all persons.
4. To promote justice—social, economic, and political.
5. To secure freedom of speech, expression, religion, movement, and association.
6. To prevent exploitation, including human trafficking, forced labour, and child labour.
7. To protect the rights of minorities and preserve their culture and educational institutions.
8. To promote social and economic welfare through the Directive Principles of State Policy.
9. To ensure access to constitutional remedies for the enforcement of Fundamental Rights.
10. To establish the rule of law and uphold democratic values.
11. To promote fraternity, national unity, and integrity while respecting diversity.
12. To fulfil India's international human rights commitments, including the principles of the
Universal Declaration of Human Rights (UDHR).

Human Rights under the Constitution of India

The Constitution protects human rights mainly through:

1. Preamble
The Preamble embodies the ideals of human rights by securing:
Justice (Social, Economic and Political)
Liberty of thought, expression, belief, faith and worship
Equality of status and opportunity
Fraternity assuring dignity of the individual and unity and integrity of the nation

2. Fundamental Rights (Part III, Articles 12–35)

These are enforceable by courts and constitute the core of human rights in India.
(A) Right to Equality (Articles 14–18)
 Equality before law
 Equal protection of laws
 Prohibition of discrimination
 Equality in public employment
 Abolition of untouchability
 Abolition of titles

(B) Right to Freedom (Articles 19–22)

Includes:
 Freedom of speech and expression
 Freedom of assembly
 Freedom of association
 Freedom of movement
 Freedom to reside anywhere in India
 Freedom to practice any profession
 Protection in criminal cases
 Protection of life and personal liberty (Article 21)
 Right to education (Article 21A)
 Protection against arbitrary arrest and detention

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(C) Right against Exploitation (Articles 23–24)
 Prohibition of human trafficking
 Prohibition of forced labour
 Prohibition of child labour in hazardous industries

(D) Right to Freedom of Religion (Articles 25–28)

 Freedom of conscience
 Freedom to profess, practice and propagate religion
 Freedom to manage religious affairs
 No compulsory religious instruction in certain educational institutions

(E) Cultural and Educational Rights (Articles 29–30)

 Protection of language, script and culture
 Rights of minorities to establish and administer educational institutions

(F) Right to Constitutional Remedies (Article 32)

Called the "Heart and Soul of the Constitution" by Dr. B. R. Ambedkar.
Citizens can directly approach the Supreme Court for enforcement of Fundamental Rights through
writs:
 Habeas Corpus
 Mandamus
 Certiorari
 Prohibition
 Quo Warranto

3. Directive Principles of State Policy (Part IV, Articles 36–51)

Though not enforceable in courts, they guide the State in establishing social and economic justice.
Important provisions include:
 Equal justice
 Equal pay for equal work
 Protection of workers
 Free legal aid
 Public health
 Education
 Protection of environment
 Promotion of international peace

4. Fundamental Duties (Part IVA, Article 51A)

Every citizen has duties such as:
 Respect the Constitution
 Promote harmony
 Protect public property
 Protect the environment
 Develop scientific temper
 Preserve India's heritage
These duties complement human rights by encouraging responsible citizenship.

Constitutional Institutions Protecting Human Rights

 Supreme Court
 High Courts
 National Human Rights Commission (NHRC)
 State Human Rights Commissions
 National Commission for Women
 National Commission for Scheduled Castes
 National Commission for Scheduled Tribes
 National Commission for Minorities

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Landmark Case Laws

1. Maneka Gandhi v. Union of India

Expanded the scope of Article 21.
Held that the right to life includes the right to live with dignity and that any procedure depriving
liberty must be fair, just, and reasonable.

2. Kesavananda Bharati v. State of Kerala

Established the Basic Structure Doctrine.
Fundamental Rights and constitutional values cannot be destroyed by constitutional amendments.

3. Vishaka v. State of Rajasthan

Recognized protection against sexual harassment at the workplace as part of the rights under
Articles 14, 15, 19, and 21.

4. Justice K. S. Puttaswamy (Retd.) v. Union of India

Declared the Right to Privacy as a Fundamental Right under Article 21.

Relationship between Human Rights and the Constitution

 Fundamental Rights guarantee civil and political rights.
 Directive Principles promote economic and social rights.
 Fundamental Duties encourage responsible exercise of rights.
 Independent judiciary protects constitutional rights.
 Judicial review ensures constitutional supremacy.
 Constitutional remedies provide effective enforcement against violations.

Conclusion
The Constitution of India is one of the world's most comprehensive human rights documents.
Through the Preamble, Fundamental Rights, Directive Principles of State Policy, Fundamental
Duties, and an independent judiciary, it ensures the protection of the life, liberty, equality, and
dignity of every individual. The Constitution, supported by progressive judicial interpretation,
remains the foundation for the protection and promotion of human rights in India.

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17. Convention on the Rights of the Child (CRC), 1989

Introduction
The Convention on the Rights of the Child (CRC), 1989 is the most comprehensive international
treaty on children's rights. It was adopted by the United Nations General Assembly on 20 November
1989 and came into force on 2 September 1990. The Convention recognizes that every child is
entitled to civil, political, economic, social, and cultural rights without discrimination.
India signed the Convention on 11 December 1992 and ratified it on 11 December 1992, thereby
undertaking to protect and promote the rights of children.

Meaning of a Child
According to Article 1 of the CRC:
A child means every human being below the age of 18 years, unless majority is attained earlier
under the law applicable to the child.

Objectives of the CRC

1. To protect the rights and dignity of every child.
2. To ensure the survival and healthy development of children.
3. To guarantee education, healthcare, and adequate nutrition.
4. To protect children from abuse, neglect, exploitation, and violence.
5. To promote the best interests of the child in all actions.
6. To ensure children's participation in matters affecting them.
7. To eliminate discrimination against children.
8. To encourage international cooperation for child welfare.

Structure of the Convention on the Rights of the Child (CRC), 1989

The Convention on the Rights of the Child (CRC), 1989 consists of:
Preamble
54 Articles
Divided into 3 Parts

Part I (Articles 1–41): Rights of the Child

This part sets out the substantive rights of children, including:
 Definition of a child
 Non-discrimination
 Best interests of the child
 Right to life, survival, and development
 Civil, political, economic, social, and cultural rights
 Protection from abuse, exploitation, child labour, trafficking, and armed conflict
 Rights to education, health, family life, and participation

Part II (Articles 42–45): Implementation and Monitoring

This part deals with:
 Dissemination of the Convention
 Establishment of the Committee on the Rights of the Child
 Reporting obligations of States Parties
 Functions and procedures of the Committee

Part III (Articles 46–54): Final Clauses

This part contains:
 Signature, ratification, accession, and entry into force
 Amendments
 Reservations
 Denunciation
 Authentic texts and depositary provisions

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Four Guiding Principles of the CRC

1. NonDiscrimination (Article 2)
Every child enjoys rights without discrimination based on race, religion, sex, language, disability, or
social origin.

2. Best Interests of the Child (Article 3)

The best interests of the child shall be a primary consideration in all actions concerning children.

3. Right to Life, Survival and Development (Article 6)

Every child has the inherent right to life and to develop physically, mentally, emotionally, and
socially.

4. Respect for the Views of the Child (Article 12)

Children capable of forming their own views have the right to express them freely in matters
affecting them.

Rights Guaranteed under the CRC

A. Survival Rights
 Right to life
 Right to health care
 Right to nutrition
 Right to safe drinking water
 Right to shelter

B. Development Rights
 Right to education
 Right to play and recreation
 Right to cultural activities
 Right to access information
 Right to personality development

C. Protection Rights
 Protection against child labour
 Protection against trafficking
 Protection from sexual exploitation
 Protection from abuse and neglect
 Protection during armed conflict
 Protection for refugee children

D. Participation Rights
 Freedom of expression
 Freedom of thought, conscience, and religion
 Freedom of association
 Right to be heard in judicial and administrative proceedings

Committee on the Rights of the Child

The CRC establishes the Committee on the Rights of the Child, consisting of 18 independent
experts.

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Functions
 Monitors implementation of the Convention.
 Examines reports submitted by States Parties.
 Issues recommendations (Concluding Observations).
 Interprets the Convention through General Comments.
 Promotes international cooperation for child rights.

India's Implementation of the CRC

India has enacted several laws to fulfil its obligations under the CRC, including:
 Juvenile Justice (Care and Protection of Children) Act, 2015
 Protection of Children from Sexual Offences (POCSO) Act, 2012
 Right of Children to Free and Compulsory Education Act, 2009
 Child Labour (Prohibition and Regulation) Amendment Act, 2016
 Prohibition of Child Marriage Act, 2006
Importance of the CRC
 Protects children's human rights globally.
 Promotes equality and non-discrimination.
 Encourages child friendly justice systems.
 Improves education and healthcare.
 Reduces child labour and trafficking.
 Guides governments in framing child welfare policies.

Limitations
 Enforcement depends on the willingness of States.
 Violations such as child labour and trafficking continue in many countries.
 Poverty and lack of resources hinder implementation.
 The Committee mainly monitors compliance and cannot directly punish States.

Landmark Case Laws (India)

1. M. C. Mehta v. State of Tamil Nadu
The Supreme Court issued directions for the rehabilitation of child labourers and emphasized
children's right to education and protection.

2. Sheela Barse v. Union of India

The Court laid down safeguards for the treatment and protection of children in custody and
juvenile homes.

3. Unni Krishnan, J.P. v. State of Andhra Pradesh

Recognized the right to education as part of the right to life under Article 21, paving the way for
Article 21A of the Constitution.

Conclusion
The Convention on the Rights of the Child (CRC), 1989 is the most important international treaty
protecting children's rights. It is founded on the principles of non-discrimination, the best interests
of the child, survival and development, and participation. By recognizing children as holders of
rights and requiring States to protect and promote those rights, the CRC has become the global
standard for child welfare and development. India, through constitutional provisions and child
protection laws, has taken significant steps to implement the Convention and safeguard the rights
of every child.

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17A. International Rights of the Child
Introduction
Children are entitled to special care and protection because of their physical and mental
immaturity. The international community recognizes that every child has inherent dignity and
fundamental human rights. The principal international instrument protecting these rights is the
United Nations Convention on the Rights of the Child (CRC), 1989, adopted by the UN General
Assembly on 20 November 1989. It entered into force on 2 September 1990.
The CRC is the most widely ratified human rights treaty in the world, with 196 States Parties. India
ratified the Convention on 11 December 1992.

Definition of a Child
According to Article 1 of the CRC, a child is every human being below the age of 18 years, unless
majority is attained earlier under the law applicable to the child.

Objectives of the CRC

1. To ensure the survival and development of every child.
2. To protect children from abuse, exploitation, and neglect.
3. To guarantee education, healthcare, and social security.
4. To promote equality and non-discrimination.
5. To ensure children's participation in decisions affecting them.
6. To uphold the best interests of the child.

Guiding Principles of the CRC

1. Non-discrimination (Article 2)
2. Best interests of the child (Article 3)
3. Right to life, survival, and development (Article 6)
4. Respect for the views of the child (Article 12)

International Rights of the Child

1. Right to Life, Survival, and Development
 Every child has the inherent right to life.
 States must ensure the child's survival and full development.

2. Right to a Name and Nationality

 Every child has the right to be registered immediately after birth.
 Every child has the right to a name and nationality.

3. Right to Family Care

 Children have the right to know and be cared for by their parents whenever possible.
 States must protect children deprived of family care.

4. Right to Education
 Free and compulsory primary education.
 Equal access to secondary and higher education.
 Education should develop the child's personality, talents, and abilities.

5. Right to Health
 Access to healthcare services.
 Adequate nutrition and clean drinking water.
 Maternal and child healthcare.

6. Right to Freedom of Expression

 Children may freely express their opinions.
 Their views should be given due weight according to age and maturity.

7. Right to Freedom of Thought, Conscience, and Religion

Every child has the freedom to choose and practice a religion, subject to parental guidance and the
law.

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8. Right to Protection from Abuse
 Protection against physical, mental, and emotional abuse.
 Protection from neglect and exploitation.

9. Right to Protection from Economic Exploitation

Protection from child labour and hazardous employment.

10. Right to Protection from Sexual Exploitation

Protection from trafficking, prostitution, pornography, and all forms of sexual abuse.

11. Right to Social Security

Access to social welfare and social security benefits.

12. Right to Adequate Standard of Living

Right to adequate food, clothing, housing, and proper living conditions.

13. Right to Rest, Leisure, and Play

Children have the right to play, recreation, and participation in cultural and artistic activities.

14. Rights of Disabled Children

Children with disabilities have the right to special care, education, rehabilitation, and equal
opportunities.

15. Protection during Armed Conflict

Children must be protected from recruitment into armed conflict and from the effects of war.

International Instruments for the Protection of Child Rights

Major International Instruments for the Protection of Child Rights

1. United Nations Convention on the Rights of the Child (CRC), 1989

Adopted: 20 November 1989
Entered into force: 2 September 1990
196 States Parties (most widely ratified human rights treaty)
India ratified on 11 December 1992.

2. Universal Declaration of Human Rights (UDHR), 1948

Adopted by the UN General Assembly on 10 December 1948.
Recognizes that all human beings, including children, are born free and equal in dignity and
rights.

3. International Covenant on Civil and Political Rights (ICCPR), 1966

Entered into force: 23 March 1976
174 States Parties
India ratified in 1979.

4. International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966

Entered into force: 3 January 1976
171 States Parties
India ratified in 1979.

5. ILO Convention No. 138 (Minimum Age Convention), 1973

Objective
Fixes the minimum age for employment.
Seeks the abolition of child labour.

6. ILO Convention No. 182 (Worst Forms of Child Labour Convention), 1999
Objective
Eliminate the worst forms of child labour.
Protect children from slavery, trafficking, forced labour, prostitution, and hazardous work.

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 7. Optional Protocols to the CRC
(a) Optional Protocol on the Involvement of Children in Armed Conflict (2000)
(b) Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (2000).
(c) Optional Protocol on a Communications Procedure (2011)

8. Hague Convention on Protection of Children and Cooperation in Respect of Inter-country

Adoption (1993)
Purpose
Ensures ethical inter-country adoptions.
Prevents child trafficking through illegal adoption.

9. UN Declaration of the Rights of the Child, 1959

Adopted by the UN General Assembly on 20 November 1959.
Contains 10 principles emphasizing:

10. Convention on the Rights of Persons with Disabilities (CRPD), 2006

Provides special protection for children with disabilities by ensuring:

Importance of International Instruments

 Protect children's dignity and welfare.
 Prevent child labour and trafficking.
 Ensure access to education and healthcare.
 Promote equality and non-discrimination.
 Strengthen national child protection laws.
 Encourage international cooperation

Monitoring Mechanism
The Committee on the Rights of the Child monitors implementation of the Convention.

Functions
 Examines reports submitted by States.
 Issues recommendations and General Comments.
 Monitors compliance with the Convention.
 Promotes effective implementation of children's rights.

Optional Protocols
1. Optional Protocol on the Involvement of Children in Armed Conflict (2000).
2. Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (2000).
3. Optional Protocol on a Communications Procedure (2011).

Important Case Laws

1. Sheela Barse v. Union of India
The Supreme Court directed humane treatment and protection of children in detention and
emphasized their welfare and rehabilitation.

2. M. C. Mehta v. State of Tamil Nadu

The Court issued directions to eliminate child labour in hazardous industries and ensure
rehabilitation and education.
3. Unni Krishnan, J.P. v. State of Andhra Pradesh
The Supreme Court recognized the right to education as a fundamental right, paving the way for
Article 21A of the Constitution.

Significance
 Protects children's dignity and welfare.
 Ensures access to education and healthcare.
 Prevents child labour, trafficking, and exploitation.
 Promotes equal opportunities for all children.
 Guides national child protection laws and policies.
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Conclusion
The United Nations Convention on the Rights of the Child (CRC), 1989 is the world's most
comprehensive treaty on children's rights. It recognizes every child's right to survival, development,
protection, and participation. With 196 States Parties, it has become the global standard for child
welfare. India, having ratified the Convention in 1992, has enacted constitutional and statutory
measures to protect children's rights and ensure their holistic development.

18. Convention on the Elimination of All Forms of Discrimination

against Women (CEDAW), 1979

Introduction
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979
is often described as the "International Bill of Rights for Women." It was adopted by the United
Nations General Assembly on 18 December 1979 and entered into force on 3 September 1981.
India signed CEDAW on 30 July 1980 and ratified it on 9 July 1993 (with certain reservations and
declarations). The Convention aims to eliminate discrimination against women and ensure equality
in political, economic, social, cultural, civil, and family life.

Meaning of Discrimination (Article 1)

Article 1 defines discrimination against women as:
Any distinction, exclusion, or restriction made on the basis of sex that impairs or nullifies the
recognition, enjoyment, or exercise by women of human rights and fundamental freedoms on an
equal basis with men.

Objectives of CEDAW
1. To eliminate all forms of discrimination against women.
2. To ensure equality between men and women.
3. To protect women's human rights and dignity.
4. To promote equal participation in political, social, economic, and cultural life.
5. To abolish discriminatory customs and practices.
6. To provide equal opportunities in education and employment.

Structure of CEDAW
 Preamble
 30 Articles
 Divided into 6 Parts

Preamble
Recognizes discrimination against women as a violation of human rights.
Affirms the principles of equality, dignity, and non-discrimination.
Calls upon States to eliminate discrimination against women in all fields.

Part I (Articles 1–6): General Obligations

 Definition of discrimination against women.
 Measures to eliminate discrimination.
 Equality in law and policy.
 Temporary special measures (affirmative action).
 Elimination of stereotypes.
 Suppression of trafficking and exploitation of prostitution.

Part II (Articles 7–9): Political and Public Life

 Equal rights in voting and elections.
 Participation in public office and policymaking.
 Representation at the international level.
 Equal rights regarding nationality.

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Part III (Articles 10–14): Economic, Social and Cultural Rights
 Equal rights in education.
 Equal employment opportunities.
 Equal access to healthcare.
 Economic and social benefits.
 Special protection for rural women.

Part IV (Articles 15–16): Equality Before the Law and Family Rights
 Equality before the law.
 Equal rights in marriage and family relations.
 Equal rights relating to property, guardianship, and children.

Part V (Articles 17–22): Committee on the Elimination of Discrimination Against Women

 Establishment and composition of the CEDAW Committee.
 Election of members.
 Reporting procedure by States Parties.
 Functions and powers of the Committee.

Part VI (Articles 23–30): Final Provisions

 Relationship with other treaties.
 Signature, ratification, accession, and amendments.
 Settlement of disputes.
 Entry into force.
 Depositary and authentic texts.

Various Rights of Women under CEDAW

1. Right to Equality and NonDiscrimination (Articles 1–3)
 Equal protection of the law.
 Equal enjoyment of human rights.
 Elimination of discriminatory laws and practices.

2. Political Rights (Article 7)

Women have the right to:
 Vote in elections.
 Contest elections.
 Hold public office.
 Participate in public policy and government.

3. Nationality Rights (Article 9)

Women have equal rights with men to:
 Acquire nationality.
 Change nationality.
 Retain nationality.
 Confer nationality on their children.

4. Right to Education (Article 10)

Women are entitled to:
 Equal educational opportunities.
 Equal access to scholarships.
 Equal vocational training.
 Equal participation in sports and cultural activities.

5. Right to Employment (Article 11)

Women have the right to:
 Equal employment opportunities.
 Equal remuneration for equal work.
 Safe working conditions.
 Maternity protection.
 Social security benefits.
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6. Right to Health (Article 12)
Women are entitled to:
 Equal access to healthcare.
 Maternal healthcare services.
 Family planning services.
 Pregnancy related healthcare.
7. Economic and Social Rights (Article 13)
Women have equal rights to:
 Bank loans.
 Financial credit.
 Recreational activities.
 Social security.
 Family benefits.
8. Rights of Rural Women (Article 14)
Special protection is provided to rural women through:
 Access to healthcare.
 Agricultural credit.
 Education and training.
 Land reforms.
 Participation in rural development.

9. Equality Before the Law (Article 15)

Women have:
 Equal legal capacity.
 Equal access to courts.
 Equal contractual rights.
 Equal freedom of movement.

10. Marriage and Family Rights (Article 16)

Women have equal rights regarding:
 Marriage with free and full consent.
 Choice of spouse.
 Equal parental rights.
 Property rights.
 Divorce and child custody.
 Family planning decisions.

Implementation Procedure under CEDAW

1. Committee on the Elimination of Discrimination against Women (Articles 17–22)

CEDAW establishes the Committee on the Elimination of Discrimination against Women.

Composition
23 independent experts elected by the States Parties.
Members serve in their personal capacity.
Functions
 Monitors implementation of CEDAW.
 Examines reports submitted by States Parties.
 Issues recommendations (Concluding Observations).
 Adopts General Recommendations interpreting the Convention.
 Promotes gender equality worldwide.

2. Reporting Procedure (Article 18)

States Parties must:
 Submit an initial report within one year of the Convention entering into force for that State.
 Submit periodic reports at least every four years, or whenever requested by the Committee.
 Explain legislative, judicial, administrative, and policy measures adopted to implement
CEDAW.
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 3. Review by the Committee
The Committee:
 Examines each State's report.
 Holds a constructive dialogue with government representatives.
 Identifies achievements and areas of concern.
 Makes recommendations to improve compliance.

4. General Recommendations
The Committee issues General Recommendations to clarify the meaning of Convention provisions
and guide States in implementing women's rights.

5. International Cooperation
The Committee works with:
 United Nations agencies.
 Specialized agencies.
 National Human Rights Institutions.
 Civil society organizations and NGOs

6. Optional Protocol to CEDAW (1999)

The Optional Protocol strengthens implementation by allowing:
 Individual Communications: Women or groups of women may submit complaints alleging
violations after exhausting domestic remedies.
 Inquiry Procedure: The Committee may investigate grave or systematic violations of women's
rights by a State Party.
(This procedure applies only to States that have accepted the Optional Protocol.)

India's Implementation of CEDAW

Indiahas enacted several laws and constitutional protections to implement CEDAW, including:
 Articles 14, 15, and 16 of the Constitution (Equality and Non-discrimination)
 Article 39(d) – Equal pay for equal work
 Article 42 – Maternity relief
 Protection of Women from Domestic Violence Act, 2005
 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013
 Dowry Prohibition Act, 1961
 Maternity Benefit Act, 1961
 Equal Remuneration Act, 1976 (its principles are now reflected in the Code on Wages, 2019)

Landmark Case Laws

1. Vishaka v. State of Rajasthan
The Supreme Court relied on CEDAW to frame the Vishaka Guidelines for preventing sexual
harassment at the workplace.

2. Apparel Export Promotion Council v. A. K. Chopra

The Court reaffirmed that protection against sexual harassment is part of women's fundamental
rights and referred to CEDAW principles.

3. Githa Hariharan v. Reserve Bank of India

The Court interpreted guardianship laws to advance gender equality, consistent with constitutional
values and CEDAW.

Conclusion
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979
is the principal international treaty protecting women's rights. It guarantees equality in political,
social, economic, cultural, and family life while requiring States to eliminate discrimination through
legislation, policies, and effective enforcement. The Committee on the Elimination of Discrimination
against Women, the State reporting system, and the Optional Protocol are the key mechanisms for
implementation. In India, constitutional guarantees and progressive legislation have significantly
advanced the objectives of CEDAW, though continued efforts are necessary to achieve substantive
gender equality.
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18A. Protection of the Rights of Women under the Constitution of India
Introduction

The Constitution of India guarantees equality, dignity, and justice to women. It prohibits
discrimination on the ground of sex and empowers the State to make special provisions for women.
The constitutional framework aims to eliminate gender inequality and ensure social, economic, and
political empowerment of women.

Constitutional Provisions for the Protection of Women's Rights

1. Preamble
The Preamble guarantees:
Justice – Social, Economic and Political
Liberty of thought, expression, belief, faith and worship
Equality of status and opportunity
Dignity of the individual
These principles form the foundation of women's rights in India.

2. Fundamental Rights
Article 14 – Equality Before Law
Guarantees equality before the law and equal protection of the laws.
Women have equal legal rights with men.
Article 15(1) – Prohibition of Discrimination
Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
Protects women from gender based discrimination.
Article 15(3) – Special Provisions for Women
Permits the State to make special laws and welfare measures for women and children.
Basis for reservations and protective legislation.
Article 16 – Equality of Opportunity in Public Employment
Ensures equal opportunity in government employment.
Prohibits discrimination on the ground of sex.
Article 19
Guarantees freedom of speech, movement, association, profession, and residence equally to
women.
Article 21 – Right to Life and Personal Liberty
Protects the right to live with dignity.
Includes rights relating to privacy, reproductive choice, bodily integrity, and protection against
violence.
Article 23
Prohibits trafficking in human beings and forced labour.
Protects women from prostitution, trafficking, and exploitation.

Article 24
Prohibits employment of children below 14 years in hazardous occupations, indirectly protecting
the rights of girl children.

3. Directive Principles of State Policy (DPSPs)

Article 39(a)
Equal right to adequate means of livelihood for men and women.

Article 39(d)
Equal pay for equal work for both men and women.

Article 39(e)
Protection of the health and strength of women workers.

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Article 39(f)
Protection of children, especially girls, from exploitation.

Article 42
Just and humane conditions of work.
Provision for maternity relief.

Article 44
Uniform Civil Code (Directive Principle) to ensure gender justice in personal laws.

Article 45
Early childhood care and education, benefiting girl children.

Article 47
Duty of the State to improve nutrition and public health, particularly benefiting women.

4. Fundamental Duties
Article 51A(e)
It is the duty of every citizen
To renounce practices derogatory to the dignity of women.
Encourages respect for women's dignity and equality.

5. Political Rights
Articles 243D and 243T
Provide reservation of not less than one third of seats for women in Panchayats and Municipalities.
Promote women's participation in local self-government.

Articles 325 and 326

Guarantee equal voting rights without discrimination on the basis of sex.
Ensure universal adult suffrage.

Laws for Women's Protection

1. Protection of Women from Domestic Violence Act, 2005

 Protects women from physical, emotional, verbal, sexual, and economic abuse.
 Provides protection orders, residence rights, maintenance, and compensation.

2. Dowry Prohibition Act, 1961

 Prohibits giving, taking, or demanding dowry.
 Prescribes punishment for dowry related offences.

3. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,

2013 (POSH Act)
 Prevents sexual harassment at workplaces.
 Mandates Internal Complaints Committees (ICC) in organizations.

4. Maternity Benefit Act, 1961 (Amended 2017)

 Provides paid maternity leave (up to 26 weeks in many cases).
 Ensures job security and nursing facilities.

5. Equal Remuneration Act, 1976

 Ensured equal pay for equal work.
 Its principles are now incorporated under the Code on Wages, 2019.

6. Prohibition of Child Marriage Act, 2006

 Declares child marriages punishable.
 Protects minor girls from early marriage.

7. Immoral Traffic (Prevention) Act, 1956

Prevents trafficking and commercial sexual exploitation.
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8. Medical Termination of Pregnancy (MTP) Act, 1971 (Amended 2021)
Allows safe and legal abortion under specified conditions.

9. Pre Conception and Pre Natal Diagnostic Techniques (PCPNDT) Act, 1994
Prohibits sex selection and female foeticide.

10. Bharatiya Nyaya Sanhita, 2023

Contains provisions relating to offences against women such as rape, stalking, voyeurism, acid
attacks, cruelty, and other sexual offences.

11. Criminal Law (Amendment) Act, 2013

Strengthened laws relating to rape, acid attacks, stalking, voyeurism, and sexual offences following
the Nirbhaya case.

Schemes for Women's Empowerment

1. Beti Bachao Beti Padhao (BBBP)

 Prevents gender discrimination.
 Promotes education and survival of the girl child.

2. One Stop Centre (Sakhi)

Provides medical, legal, psychological, and shelter support to women affected by violence.

3. Women Helpline (181)

Offers emergency assistance and counselling.

4. Mission Shakti
Umbrella scheme for women's safety, security, and empowerment.

5. Pradhan Mantri Matru Vandana Yojana (PMMVY)

Provides maternity benefits and financial assistance to pregnant women.

6. Sukanya Samriddhi Yojana

Savings scheme for the education and marriage of girl children.

7. Ujjawala Scheme
Prevents trafficking and rehabilitates victims.

8. Mahila Shakti Kendra Scheme

Promotes rural women's empowerment through community participation.

9. StandUp India Scheme

Encourages women entrepreneurs by providing bank loans.

10. STEP (Support to Training and Employment Programme for Women)

Provides skill development and employment opportunities.

Institutions for Women's Protection

1. National Commission for Women (NCW).
2. State Commissions for Women
3. National Human Rights Commission (NHRC)
4. National Commission for Protection of Child Rights (NCPCR)
5. Internal Complaints Committee (ICC)
6. District Legal Services Authority (DLSA)
7. One Stop Centres (Sakhi Centres)
8. Women Police Stations and Women Help Desks

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Important Constitutional Amendments

 73rd Constitutional Amendment Act, 1992

One third reservation for women in Panchayats.

 74th Constitutional Amendment Act, 1992

One third reservation for women in Municipalities.

 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam)

Provides 33% reservation for women in the Lok Sabha, State Legislative Assemblies, and the
Legislative Assembly of Delhi.
Implementation is linked to the first census conducted after the commencement of the amendment
and subsequent delimitation.

Important Supreme Court Cases

1. Vishaka v. State of Rajasthan (1997)

Recognized protection against sexual harassment at the workplace as part of Articles 14, 15, 19,
and 21.
Laid down the Vishaka Guidelines.

2. Air India v. Nergesh Meerza (1981)

Struck down discriminatory service conditions imposed on air hostesses.

3. Shayara Bano v. Union of India (2017)

Declared instant triple talaq (TalaqeBiddat) unconstitutional.

Conclusion

The Constitution of India provides comprehensive protection to women's rights through

Fundamental Rights, Directive Principles of State Policy, Fundamental Duties, and democratic
participation. Judicial interpretation has further strengthened these protections by expanding the
scope of equality, dignity, and personal liberty. Together with constitutional amendments and
welfare legislation, these provisions form the backbone of women's empowerment and gender
justice in India.

MohakShetty BE (LL.B)