Human Rights and Social

Values inherent in Human rights

Human Rights
• The Universal Declaration of Human Rights (UDHR), adopted by the
UN General Assembly in 1948, was the first legal document to set out
the fundamental human rights to be universally protected.
• Even after years, it continues to be the foundation of all international
human rights law.
Human rights
• Human rights are rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity, language,
religion, or any other status.
• Human rights include the right to life and liberty, freedom
from slavery and torture, freedom of opinion and
expression, the right to work and education, and many
more.
• Everyone is entitled to these rights, without discrimination.

-United Nations
Characteristics of Human Rights
1. Universality: Human rights apply to all people, regardless of
nationality, race, gender, or any other status.
2. Inalienability: Human rights cannot be taken away or
surrendered; they are inherent to every individual.
3. Indivisibility: All human rights are equally important and
interrelated, meaning that the improvement of one right
often depends on the realization of others.
4. Equality and Non-Discrimination: Human rights guarantee
that everyone is entitled to their rights without
discrimination of any kind.
5. Legal Enforceability: Human rights are protected by laws
and can be claimed and enforced through legal mechanisms.
6. Accountability: Governments and institutions are
responsible for respecting, protecting, and fulfilling human
rights.
7. Participatory: Individuals have the right to participate in
decisions that affect their lives, ensuring their voices are heard
in governance and societal matters.
• a. Right to life, liberty and security
• b. Right to freedom from slavery and servitude
• c. Right to freedom from torture or cruel, inhuman or degrading
treatment or punishment
• d. Right to freedom from arbitrary interference with privacy, family,
home or correspondence
• e. Right to marry and have family and right to property
a. Right to nationality
b. Right to equality before the law and equal protection of law
c. Right to judicial remedies, fair trial and freedom from arbitrary
arrest, detention or exile
d. Right to freedom of thought, expression, belief, faith, conscience and
religion
e. Right to freedom of peaceful assembly and association
f. Right to take part in government affairs and equal access to public
service
g. Right to equal suffrage
Cultural Rights
• a. Right to participate in the cultural life of the community
• b. Right to enjoy the art and to share in the scientific advancement
and its benefits
• Right to the protection of the moral and material interests resulting
from any scientific, literary and artistic production of which the
individual is the author
Fundamental Rights
• There is a right in India which states that a person can
move to Supreme court if he/she wants to get their
fundamental rights protected. This right comes under
article 32 for Supreme court an article 226 for the high
court. It is known as the right to constitutional
remedies.
• The fundamental duties which were added by the 42nd Amendment
Act of the Constitution in 1976

• The list of 11 Fundamental Duties under Article 51-A to be obeyed by

every Indian citizen is given in the table below
11 Fundamental Duties
• 1. Abide by the Indian Constitution and respect its ideals and
institutions, the National Flag and the National Anthem
• 2. Cherish and follow the noble ideals that inspired the national
struggle for freedom
• 3. Uphold and protect the sovereignty, unity and integrity of India
• 4. Defend the country and render national service when called upon
to do so
• 5. Promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic and regional or
sectional diversities and to renounce practices derogatory to the
dignity of women
• 6. Value and preserve the rich heritage of the country’s composite
culture
• 7. Protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for living creatures
• 8. Develop scientific temper, humanism and the spirit of inquiry and
reform
• 9. Safeguard public property and to abjure violence
• 10. Strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of
endeavour and achievement
• 11. Provide opportunities for education to child or ward between the
age of six and fourteen years. (This duty was added by the 86th
Constitutional Amendment Act, 2002)
Children
• Rights and Protections
• Right to Education: Article 21A (Right to free and compulsory education for
children aged 6 to 14 years).
• Right to Protection: Article 15(3) (Special provisions for children) and Article
21 (Right to life and personal liberty, including protection from abuse).
• Right to Health: Article 21 (Includes health as part of the right to life).
• Right to Participation: Article 21 (Right to be heard and to participate in
decisions affecting them).
• Challenges
• Child labor and exploitation.
• Trafficking and forced migration.
• Limited access to quality education.
Women
• Rights and Protections
• Right to Equality: Article 14 (Equality before the law) and Article 15
(Prohibition of discrimination on grounds of religion, race, caste, sex, or place
of birth).
• Right to Reproductive Health: Article 21 (Includes reproductive rights as part
of the right to life).
• Right to Safety: Article 21 (Protection against violence and harassment).
• Challenges
• Gender pay gap and economic inequality.
• Violence against women (VAW) and femicide.
• Underrepresentation in leadership and decision-making roles.
Minorities

• Rights and Protections

• Right to Cultural Identity: Article 29 (Protection of interests of minorities)
and Article 30 (Right of minorities to establish and administer educational
institutions).
• Right to Non-Discrimination: Article 15 (Prohibition of discrimination).
• Right to Participation: Article 29 (Protection of interests of minorities in
cultural and educational matters).
• Challenges
• Discrimination and marginalization.
• Socio-economic disparities.
• Cultural erasure and forced assimilation.
Scheduled Tribes (ST)

• Rights and Protections

• Right to Land and Resources: Article 244 (Special provisions for Scheduled
Areas and Tribes) and Article 46 (Promotion of the educational and economic
interests of Scheduled Castes, Scheduled Tribes, and other weaker sections).
• Right to Self-Determination: Article 244 (Autonomy in Scheduled Areas) and
Article 371 (Special provisions for certain states).
• Right to Development: Article 46 (Promotion of their educational and
economic interests).
• Challenges
• Displacement due to development projects.
• Land rights violations and exploitation.
• Socio-economic marginalization.
Scheduled Caste

• Rights and Protections

• Right to Equality: Article 15 (Prohibition of discrimination on grounds of
caste) and Article 17 (Abolition of "untouchability").
• Right to Social Inclusion: Article 46 (Promotion of their educational and
economic interests).
• Right to Dignity: Article 21 (Right to life and personal liberty, including
dignity).
• Challenges
• Persistent social stigma and discrimination.
• Limited access to resources and opportunities.
• Violence and caste-based hate crimes.
Persons with Disabilities
• Rights and Protections
• Right to Accessibility: Article 21 (Includes accessibility as part of the right to
life).
• Right to Education: Article 21 (Includes inclusive education as part of the
right to life) and the Rights of Persons with Disabilities Act, 2016.
• Right to Employment: Article 16 (Equality of opportunity in public
employment) and the Rights of Persons with Disabilities Act, 2016.
• Right to Health: Article 21 (Access to healthcare services).
• Challenges
• Physical and social barriers to full participation.
• Discrimination and stigma.
• Insufficient support and resources.
International Bill of Human Rights

• The International Bill of Human Rights is a collective term for three

key documents that form the foundation of international human
rights law. These documents outline the universal rights and
freedoms to which all people are entitled.

The Bill consists of:

• Universal Declaration of Human Rights (UDHR)
• International Covenant on Civil and Political Rights (ICCPR)
• International Covenant on Economic, Social and Cultural Rights
(ICESCR)
• The Universal Declaration of Human Rights (UDHR) is a
milestone document in the history of human rights.
• Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration
was proclaimed by the United Nations General Assembly in
Paris on 10 December 1948 (General Assembly resolution
217 A) as a common standard of achievements for all
peoples and all nations.
• It sets out, for the first time, fundamental human rights to be
universally protected and it has been translated into over
500 languages.
International Covenant on Civil and Political Rights
(ICCPR)
• Adopted by the United Nations General Assembly on December 16,
1966, and entering into force on March 23, 1976, the International
Covenant on Civil and Political Rights (ICCPR) is a key international
treaty that outlines fundamental civil and political rights. It is part of
the International Bill of Human Rights, alongside the Universal
Declaration of Human Rights and the International Covenant on
Economic, Social and Cultural Rights.
The ICCPR establishes a range of rights and
freedoms essential for the protection of individual
dignity and the democratic process. These include
• Right to Life: Protects individuals from arbitrary deprivation of life.
• Freedom from Torture: Prohibits torture and cruel, inhuman, or degrading
treatment or punishment.
• Freedom of Expression: Guarantees the right to hold opinions and express
them without interference.
• Right to a Fair Trial: Ensures access to justice and fair legal proceedings.
• Freedom of Assembly and Association: Protects the right to peacefully
assemble and associate with others.
• Right to Participate in Public Affairs: Supports the right to take part in the
governance of one’s country.
International Covenant on Economic, Social and
Cultural Rights (ICESCR)
• Adopted by the United Nations General Assembly on December 16,
1966, and entering into force on January 3, 1976, the International
Covenant on Economic, Social and Cultural Rights (ICESCR) is a pivotal
international treaty focused on ensuring economic, social, and
cultural rights.
The ICESCR encompasses a broad range of rights
essential for the well-being and development of
individuals and societies. Key provisions include:
• Right to Work: Ensures the opportunity to gain a living by work which one freely
chooses or accepts, and the right to just and favorable conditions of work.
• Right to Social Security: Protects access to social security and assistance in times
of need.
• Right to Adequate Standard of Living: Guarantees access to adequate food,
clothing, and housing, and continuous improvement in living conditions.
• Right to Health: Provides for the highest attainable standard of physical and
mental health.
• Right to Education: Ensures the right to education, including free primary
education and accessible secondary and higher education.
• Right to Participate in Cultural Life: Protects the right to enjoy and participate in
cultural life, including access to cultural heritage and the benefits of scientific
progress.
Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW)
• Adoption:
• Adopted by the United Nations General Assembly on December 18, 1979.
• Opened for signature on March 1, 1980.
• Objective:
• To eliminate discrimination against women and promote gender equality in
all areas of life.
• Core Principles:
• Non-discrimination: Ensuring women have the same rights and opportunities
as men.
• Equality: Guaranteeing equal access to education, health, employment, and
political participation.
Key Articles:

• Article 1: Definition of discrimination against women.

• Article 2: States’ obligations to eliminate discrimination.
• Article 5: Modification of social and cultural patterns that promote
discrimination.
• Article 10: Equal access to education.
• Article 11: Rights related to employment and work.
Convention on the Rights of the Child (CRC)

• Adoption:
• Adopted by the United Nations General Assembly on November 20, 1989.
• Opened for signature on January 26, 1990.
• Objective:
• To protect and promote the rights of children globally, ensuring their well-
being and development.
Core Principles:

• Non-discrimination: All rights apply to all children without

discrimination of any kind (Article 2).
• Best Interests of the Child: Decisions affecting children must prioritize
their best interests (Article 3).
• Right to Life, Survival, and Development: Every child has the inherent
right to life, and states must ensure their survival and development
(Article 6).
• Respect for the Views of the Child: Children have the right to express
their views and have those views considered in matters affecting
them (Article 12).
Key Articles:

• Article 1: Definition of a child (under 18 years).

• Article 19: Protection from abuse and neglect.
• Article 28: Right to education.
• Article 32: Protection from economic exploitation.
• Article 34: Protection from sexual exploitation and abuse.
Concept of social justice: theoretical
frameworks and perspectives of John
Rawls, Gandhi, Ambedkar and Amartyasen
 John Rawls
• Theory of Justice: Proposed in "A Theory of Justice"
(1971).
• Justice as Fairness: Emphasizes fairness as the core
principle of justice.
• Veil of Ignorance: Decision-making without knowledge of
one's status to ensure impartiality.
• Two Principles of Justice:
• Equal Basic Liberties: Each person should have equal rights to
basic freedoms.
• Difference Principle: Social and economic inequalities are
acceptable only if they benefit the least advantaged members
of society.
• Focus on Institutions: Advocates for social structures that
promote fairness and equality.
 Mahatma Gandhi
• Nonviolence (Ahimsa): Central to his philosophy of social
justice.
• Sarvodaya: "Welfare of all," emphasizing the upliftment of
the marginalized.
• Self-Reliance: Encouraged local production and
community self-sufficiency.
• Critique of Materialism: Advocated for a moral economy
over a purely economic one.
• Self Rule
• Empowerment: Focus on grassroots movements and
empowering individuals, especially women and the
oppressed.
 B.R. Ambedkar
• Social Justice for Dalits: Advocated for the rights and
dignity of the marginalized, particularly Dalits (formerly
known as Untouchables).
• Annihilation of Caste: Critique of the caste system;
sought to dismantle it for social equality.
• Legal Framework: Instrumental in drafting the Indian
Constitution; emphasized equality and social justice.
• Political and Economic Rights: Advocated for political
representation and economic opportunities for
marginalized communities.
• Empowerment through Education: Stressed the
importance of education for social upliftment.
 Amartya Sen
• Capability Approach: Focuses on what individuals can do
with their resources; emphasizes human capabilities over
mere income or wealth.
• Development as Freedom: Argues that social justice
requires removing barriers to individual freedoms.
• Social Choice Theory: Examines how individual choices
contribute to social outcomes; highlights democratic
decision-making.
• Focus on Inequality and Poverty: Critiques traditional
measures of wealth, advocating for a broader
understanding of well-being.
• Role of Public Debate: Emphasizes the importance of
public discourse in shaping justice and social policies.
Economic Dimensions

• Income Inequality: Addressing disparities in wealth and income

distribution.
• Access to Resources: Ensuring equitable access to education,
healthcare, and housing.
• Labor Rights: Advocating for fair wages, working conditions, and job
security.
• Social Safety Nets: Supporting systems like unemployment benefits
and universal basic income to protect vulnerable populations.
Political Dimensions

• Representation: Promoting inclusive political representation for

marginalized groups.
• Voting Rights: Ensuring fair access to the electoral process and
combating voter suppression.
• Policy Advocacy: Pushing for laws that address systemic inequalities
and uphold human rights.
• Participation: Encouraging civic engagement and grassroots
movements to empower communities.
Environmental Dimensions

• Environmental Justice: Addressing the disproportionate impact of

environmental degradation on marginalized communities.
• Sustainable Development: Promoting practices that protect the
environment while ensuring social equity.
• Access to Clean Resources: Ensuring all communities have access to
clean air, water, and green spaces.
• Climate Action: Advocating for policies that mitigate climate change
and support affected communities.
Cultural Dimensions

• Cultural Recognition: Valuing and preserving diverse cultural

identities and practices.
• Anti-Discrimination: Combatting racism, sexism, and other forms of
discrimination that affect social equity.
• Education and Awareness: Promoting cultural competency and
understanding among different groups.
• Community Empowerment: Supporting initiatives that empower
marginalized communities to reclaim their narratives.