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Human Rights Course Overview 2021-2022

This document outlines a course on human rights at Annamalai University. It includes 5 units that will cover: 1) concepts and nature of human rights, 2) international human rights perspectives and UN conventions, 3) regional human rights systems in Europe and Africa, 4) human rights in India as defined by its constitution, and 5) human rights violations and redressal mechanisms in India. The course aims to educate students on the development and protection of universal human rights from international, regional and domestic legal perspectives. Recommended textbooks and references are also provided for each unit.

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0% found this document useful (0 votes)
65 views4 pages

Human Rights Course Overview 2021-2022

This document outlines a course on human rights at Annamalai University. It includes 5 units that will cover: 1) concepts and nature of human rights, 2) international human rights perspectives and UN conventions, 3) regional human rights systems in Europe and Africa, 4) human rights in India as defined by its constitution, and 5) human rights violations and redressal mechanisms in India. The course aims to educate students on the development and protection of universal human rights from international, regional and domestic legal perspectives. Recommended textbooks and references are also provided for each unit.

Uploaded by

Renisha
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

ANNAMALAI UNIVERSITY

HUMAN RIGHTS

COMPULSORY PAPER
(For all PG Degree Courses 2021-2022)

Course Objectives

1. Human Rights are the rights of all Human Beings. They have universal application.
Awareness about Human Rights and concern for its protection has become an important issue
after the second world war and paved way for world Nations to come together for acceptance of
Universal Declaration of Human Rights.

2. The role of UN in protecting and promoting awareness of Human Rights is highly


significant. The binding nature of the International Conventions and Covenants are still a
dilemma. The persuasive force in case of violation of human rights by International
community is an area of concern. In the absence of National legislations enforcement of these
rights remain as one farce.

3. To trace the development of regional instruments drafted aiming at protection of Human


Rights and its enforceability.

4. The Indian perspective of protection of Human Rights vide its Legislations , the
Constitution of India more read by its language, the Fundamental rights, Duties and
Directive Principles of the State Policy has been elicited. The response shown by Indian
judiciary and the expression of judicial activism is highlighted. The development of Human
Rights jurisprudence in India is traced.

5. The Special legislations and the enforcement machineries remain as a watch dog in the due
enforcement of Human Rights in India. The duty to protect human right of all individuals
more particularly those are vulnerable remains more as a National obligation. The course
intents to evaluate the Redressal mechanisms practiced in India.

1
COURSE CONTENTS

UNIT-1:

Human rights- Concepts & Nature

Human Rights: Meaning, Definition, Nature, Content- Legitimacy of Human Rights- Origin
and Development of Human Rights- Theories – Principles of Magna Carta – Modern
Movements of Human Rights – The Future of Human Rights.

UNIT-2:

Human Rights – The International Perspective

International human rights – Human Right concepts Prior and after World War II – UNO –
Universal Declaration of Human Rights (UDHR) – International Covenant on Civil and
Political Rights (ICCPR) – International Covenant on Economic, Social and Cultural Rights
(ICESCR)- Optional Protocols- Human Right Declarations – Role of United Nation
Commissions – Convention on the Elimination of All forms of Discrimination against women
(CEDAW) – United Nations Convention against Torture (UNCAT) - United
Nations Convention on the Rights of the Child (CRC or UNCRC) - Conventions on the
Protection of the Rights of Migrant Workers and Disabled.

UNIT-3:

Regional Human Rights

European Human Rights System- African Human Rights System – International Human
Rights – Enforceability before Domestic Courts.

UNIT-4:

Human Rights in India

The Constitution of India – Fundamental Rights – Right to Life and Liberty – Directive
Principles of State Policy – Fundamental Duties – Individual and Group Rights – Other facets
of Human Rights – Measures for Protection of Human Rights in India.

UNIT-5:

Human Right Violations and Redressal Mechanism

Human Rights – Infringement of Human Right by State Machinery and by Individual –


Remedies for State action and inaction – Constitutional remedies – Public Interest Litigation
(PIL) - Protection of Human Rights Act, 1993 – National Human Rights Commission – State
Human Rights Commissions – Constitution of Human Right Courts

2
Text Books
Unit-1

 Human Rights Lalit Parmar, Anmol Publications Pvt. Limited, 1998


 Human Rights In International Relations, David P. Forsythe, Cambridge University
Press

Unit-2

 Alston, Philip, And Frederic Megret, Eds. The United Nations And Human Rights: A
Critical Appraisal. Second Edition. Oxford University Press, 2014.
 Bassiouni, M. Cherif, And William A. Schabas, Eds. New Challenges For The UN
Human Rights Machinery: What Future For The UN Treaty Body System And The
Human Rights Council Procedures? Intersentia, 2011.
 Kruckenberg, Lena J. The Unreal World Of Human Rights: An Ethnography Of The
UN Committee On The Elimination Of Racial Discrimination. Nomos Publishers,
2012.

Unit-3

 Rebecce Wallace, International Human Rights, Text And Materials 1997


 European Convention On Human Rights: Texts And Documents (Herbert Miehsler &
Herbert Petzold Eds., 1982)
 A.H. Robertson & J.G. Merrils, Human Rights In Europe: A Study Of The European
Convention On Human Rights, 386-413 (3d Ed. 1993)
 International Human Rights Law And Practice ,Francisco Forrest Martin (1997)
 R.K S Inha, Human Rights Of The World (1997)
 African Commission On Human Rights And Peoples Rights Evelyn A Ankumah,
(1996)
 The Constitution of India

Unit-4

 Human Rights Bharatiya Values, Mandagadde Rama Jois, Bharatiya Vidya Bhavan,
2015
 B P Singh Seghal , Human Rights in India 1996

Unit-5

 Paras Diwan and Piyush Diwan Women and Legal Protection


 Philip Alston Children Rights and the Law
 G S Bhargave and R M Pal Human Rights of Dalit Societal Violation 1999
 Geralden Van Bueren International Law and The Rights of the Child 1998
 P C Tirpathi Crime Against Working Women

3
Reference Items: books, Journal

 Protection Of Human Rights Act, 1993. 


 Constitutional Law of India (3 Volumes) by Seervai H.M 2015
 The Human Rights Watch Global Report On Women’s Human Rights 2000 Oxford
Publication
 RS Sharma Perspectives In Human Rights Development
 Julies Stone Human Law And Human Justice 2000 Universal Publication
 Research Handbook On International Human Rights Law, Edited By Sarah Joseph &
Edited By Sarah Joseph, Edward Elgar Publishing Limited USA


Course Out Comes
1. After studying unit-1, the student will be able to know the nature of human rights its origin
, the theories, the movements in the march of human rights and the facets of future of human
rights.

2. After studying unit-2, the student will be able to know the international dimension of
human rights, the role of UN and the global effort in formulating conventions and
declarations

3. After studying unit-3, the student will be able to Perceive the regional developments of
human rights in Europe , Africa and Asia and the enforceable value of human rights in
international arena.

4. After studying unit-4, the student will be able to have knowledge on the human rights
perspectives in India, more developed by its constitution and special legislations

5. After studying unit-5, the student will be able to know the redressal mechanism made
available in case of human rights violation confined to India.

****************

Common questions

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The United Nations plays a significant role in promoting and protecting human rights through the establishment of international conventions and covenants. However, the binding nature of these documents remains a matter of debate. The course highlights the UN's role in increasing awareness and facilitating discussions on human rights violations .

The course includes discussions on significant human rights movements and theories such as the principles stemming from the Magna Carta and modern movements like civil rights and gender equality. These examples illustrate the evolution by showcasing the shift from basic civil liberties to broader social and economic rights, highlighting the changing focus and understanding of human rights over time .

India protects human rights through its Constitution with provisions for Fundamental Rights and Directive Principles of State Policy. Additionally, special legislations and enforcement bodies, such as the National Human Rights Commission and State Human Rights Commissions, are integral to the framework for human rights protection .

Regional human rights systems, like those in Europe and Africa, offer a more localized framework that can sometimes be more effective and enforceable than international systems, due to their contextual relevance and closer accountability. The course suggests that regional systems can provide more direct avenues for justice, though they also face their own unique challenges .

The course discusses Indian human rights jurisprudence by highlighting the role of the Constitution of India, which includes Fundamental Rights, Duties, and Directive Principles of State Policy. It also emphasizes the role of the judiciary and judicial activism in advancing the protection and interpretation of human rights in India .

The course predicts an evolving future for human rights characterized by ongoing challenges and the need for adaptation to new global issues. It highlights the necessity of integrating modern concerns such as digital privacy and environmental rights into the human rights discourse, suggesting an expansion and deepening of the current human rights frameworks .

Human rights gained significant attention and development after World War II, leading to a global movement toward the acceptance of the Universal Declaration of Human Rights. The atrocities committed during the war highlighted the need for a global standard for human rights and increased international collaboration on human rights issues .

Enforcing international human rights conventions at the national level faces challenges due to the lack of national legislations that align with international standards. This results in difficulties in making these rights actionable and enforceable domestically, leading to perceived weaknesses in international human rights laws .

The course discusses human rights legitimacy as being grounded in universal moral norms and international consensus. It is considered significant as it provides a common framework for evaluating rights violations and legitimizes efforts to address such issues globally, especially in the context of differing national practices and cultural perspectives .

The course evaluates the effectiveness of redressal mechanisms in India by considering constitutional remedies, Public Interest Litigation (PIL), and the Protection of Human Rights Act, 1993. It emphasizes the critical role of the National and State Human Rights Commissions and Human Rights Courts in addressing violations and providing redress .

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