HUMAN RIGHTS

UDHR
 History
 The Universal Declaration of Human Rights (UDHR) is a
landmark document adopted by the General Assembly of the
United Nations on December 10, 1948, in Paris, France. It
serves as a foundational text that articulates fundamental
rights and freedoms for all individuals, irrespective of their
identity or location. The UDHR emphasizes the inherent
dignity of all human beings as the basis for freedom, justice,
and peace globally.
 It was drafted by Commission on Human Rights, a UN
Committee directed by Eleanor Roosevelt.
 It served as the foundation for the International Bill of
Human Rights, which was completed in 1966 and came into
force in 1976.

 Structure and composition

 The structure of the UDHR was influenced by the Code
Napoléon and consists of a preamble, 30 articles that
establish individual rights, rights towards the community,
and economic, social, and cultural rights.
 Presently there are 193 member countries in UDHR.
 Although the UDHR is not a treaty and does not directly
create legal obligations for countries, it is considered a
significant expression of shared values within the
international community.

 Achievements and influence-

 At least one of the nine binding treaties associated
with the UDHR has been ratified by all 193 member
states of the United Nations.
  The UDHR's significance transcends its non-binding
status, having served as a catalyst for over 70 human
rights treaties globally. Its influence is evident in
movements such as decolonization, anti-apartheid, and
various freedom struggles worldwide.
 Articles-
 The Universal Declaration of Human Rights (UDHR)
consists of 30 articles that detail fundamental rights and
freedoms for all individuals. Here is a brief overview of
some key articles:

 Article 1: Equality and Dignity: This article of the

Universal Declaration of Human Rights (UDHR)
emphasizes that all human beings are born free and
equal in dignity and rights. It highlights the inherent
equality of all individuals and the importance of
treating each other with respect and fairness.

 Article 3: Right to Life, Liberty, and Security: Article 3

of the UDHR recognizes the fundamental rights of
every individual to life, liberty, and personal security.
It underscores the protection of these essential rights
as a core principle of human rights.

 Article 5: Freedom from Torture: This article

enshrines the right of every person to be free from
torture or cruel, inhuman, or degrading treatment. It
emphasizes the absolute prohibition of torture and the
protection of individuals from any form of physical or
mental abuse.

 Article 7: Right to equality before the law: Article 7 of

the UDHR asserts the right of all individuals to be
treated equally before the law and to enjoy equal
 protection of the law without any discrimination. It
upholds the principle of legal equality and fairness for
all.

 Article 10: Right to a fair trial: This article guarantees

the right of every individual to a fair and public
hearing by an independent and impartial tribunal when
facing criminal charges. It emphasizes the importance
of due process, fairness, and justice in legal
proceedings.

 Article 12: Right to Privacy: Article 12 recognizes the

right of individuals to privacy, family, home, and
correspondence. It safeguards against arbitrary
interference with privacy and upholds the sanctity of
personal and family life.

 Article 19: Freedom of Expression: Article 19 protects the

right to freedom of opinion and expression, including the freedom to
seek, receive, and impart information and ideas through any media. It
underlines the importance of free speech as a fundamental human
right.

 Article 25: Right to Adequate Standard of Living: This

article acknowledges the right of every person to an adequate
standard of living that ensures health, well-being, and basic needs
such as food, clothing, housing, medical care, and social services. It
highlights the importance of social security and the well-being of
individual
 Criticism –
 Western bias: Critics argue that the UDHR
predominantly reflects Western values and individual
rights.
  Ambiguity and logical issues: The UDHR’s codification
of rights is ambiguous, leading to inefficacy
 Exclusion of Social Differences: The UDHR has been
criticized for failing to address social differences
adequately due to its Western perspective
 Challenges in Implementation: Instances like ongoing
human rights violations in countries like Ukraine,
Israel, Palestine, Sudan, Syria post-apartheid highlight
the gap between the ideals outlined in the UDHR and
their practical applications.

 Contribution in development-
The Universal Declaration of Human Rights (UDHR) plays a
crucial role in development by promoting fundamental
rights and freedoms that are essential for individual well-
being and societal progress. Here are some points on how
the UDHR helps in development:

 The UDHR provides a roadmap for development efforts by

emphasizing human rights as a fundamental component.
 By recognizing rights like life, security, liberty, health, and
education, the UDHR ensures access to essential needs for
development.
 Upholding non-discrimination and equality principles
promotes inclusive development, allowing everyone to
participate and benefit.
 Emphasizing human rights contributes to peace, which is
vital for uninterrupted development.
 The UDHR’s universal values inspire collaborative efforts
toward sustainable development goals.
 The UDHR serves as a benchmark for assessing progress
and making necessary improvements.

In essence, the UDHR fosters development by prioritizing human

dignity, rights, and well-being worldwide.
ICCPR
 The International Covenant on Civil and Political Rights
(ICCPR) was adopted by the United Nations General
Assembly on December 16, 1966, and entered into force on
March 23, 1976.
 The Covenant elaborates on civil and political rights and
freedoms outlined in the Universal Declaration of Human
Rights, committing states to promote the right to self-
determination and respect individual rights
 About 173 countries are parties to the Covenant.
 The ICCPR is part of the International Bill of Human Rights,
along with the International Covenant on Economic, Social
and Cultural Rights (ICESCR) and the Universal Declaration
of Human Rights (UDHR).
 The ICCPR contains about 53 articles divided into 6 parts.
Here is a brief over view of some of the important articles-

o Article 3: Equal Rights of Men and Women: This

article emphasizes the equal right of men and women to
enjoy all civil and political rights without discrimination.
It focuses on gender equality and prohibits discrimination
based on sex.

o Article 14: Right to Equality Before the Law and

Fair Trial: Article 14 ensures that all individuals are
equal before the courts and tribunals, emphasizing the
right to a fair trial. It guarantees that everyone,
regardless of any status or background, is entitled to
equal treatment and protection under the law.

o Article 17: Right to Privacy and Protection by the

Law: Article 17 protects individuals from arbitrary or
unlawful interference with their privacy, family, home, or
correspondence. It highlights the importance of
 safeguarding personal privacy from unwarranted
intrusion

o Article 22: Right to Freedom of Association: This

article recognizes the right of individuals to freely
associate with others, including forming and joining trade
unions to protect their interests. It ensures that people
have the freedom to come together for common purposes
without undue restrictions.

o Article 25: Right to Participate in Public Affairs and

Voting: Article 25 guarantees every citizen the right and
opportunity to participate in public affairs, either directly
or through elected representatives. It emphasizes
universal suffrage, ensuring that individuals have equal
access to participate in governance and decision-making
processes.

 Contribution in development-
The International Covenant on Civil and Political Rights
(ICCPR) plays a crucial role in safeguarding civil and
political rights for people worldwide. Some of its key roles
are
 The ICCPR provides a range of protections for civil and
political rights, ensuring fundamental rights such as
the right to life, human dignity, equality before the
law, freedom of speech, assembly, association,
religious freedom, privacy, and gender equality
 Countries that have ratified the ICCPR are obligated to
take administrative, judicial, and legislative measures
to protect the rights enshrined in the treaty and
provide effective remedies for violations.
  Upon ratification, the ICCPR becomes the "supreme
law of the land" in countries like the U.S., giving it
equivalent status to federal law. This ensures that
states must comply with and implement the provisions
of the treaty as they would any other domestic law

 The ICCPR encourages dialogue between states, civil

society, and international bodies. Advocacy efforts
raise awareness and hold governments accountable.

In essence, the ICCPR acts as a powerful tool to protect civil and

political rights, ensuring dignity, equality, and justice for all.

ICESCR
 History –
 The International Covenant on Economic, Social and
Cultural Rights (ICESCR) emerged alongside the
Universal Declaration of Human Rights (UDHR) in
1948. The ICESCR, adopted in 1966 and entering into
force in 1976. It specifically focused on economic,
social, and cultural rights (ESCR) of individuals.
 It is a Part of the International Bill of Human Rights,
along with the Universal Declaration of Human Rights
(UDHR) and the International Covenant on Civil and
Political Rights (ICCPR).

 Significance-
 ICESCR holds immense significance as it outlines
rights related to economic, social, and cultural aspects,
such as the right to work, education, health, social
security, and an adequate standard of living
 By emphasizing these rights, the ICESCR contributes
to creating a framework for states to address issues of
poverty, inequality, and social justice on a global scale.
 Articles-
The ICESCR lays out 31 articles guaranteeing economic,
social and cultural rights. Some of the key articles are-

 Article 1- Right to self-determination: It recognizes

the right of all peoples to self-determination, including
the right to “freely determine their political status,
pursue their economic, social and cultural goals, and
manage and dispose of their own resources.

 Article 2- Right to non-discrimination: this article talks

about the right to non-discrimination based on race,
colour, sex, language, religion, political or other
opinion, national or social origin, property, birth, or
other status.

 Article 3- Right to Equality of man and women:

emphasizes the equal right of men and women to enjoy all economic,
social, and cultural rights without discrimination.

 Article 6-8- right to decent work: These articles address the

right to work and the enjoyment of just and favorable conditions of
work. They emphasize the importance of ensuring decent work
opportunities for all individuals, including fair wages, safe working
conditions, and the right to form and join trade unions.

 Article 11- adequate standard of living: Article 11

recognizes the right of everyone to an adequate standard of living,
including food, clothing, and housing. It emphasizes the importance of
ensuring basic needs which are necessary to live a dignified life.

 Article 13- right to education: this article highlights the

right of everyone to education, emphasizing that
education should be accessible, free, and compulsory
 at the primary level. It underscores the importance of
education as a fundamental human right that enables
individuals to fully participate in society.

 Article 15 – Right to Cultural Life: Article 15 recognizes the

right of everyone to take part in cultural life, enjoys the benefits of
scientific progress, and benefit from the protection of moral and
material interests resulting from scientific, literary, or artistic
productions. It emphasizes the importance of cultural rights in
enriching individuals' lives and preserving cultural heritage.

 Contribution to development-

 The International Covenant on Economic, Social and

Cultural Rights (ICESCR) contributes significantly to
safeguarding individual rights by focusing on economic,
social, and cultural aspects.
 The ICESCR aims to ensure the protection of rights such as
the right to an adequate standard of living, social security,
protection of the family, and freedom from discrimination.
 It emphasizes the importance of equality between men and
women and non-discrimination in the enjoyment of
economic, social, and cultural rights.
 The Covenant places obligations on States Parties to
guarantee these rights and ensure that individuals have
effective access to justice and protection of their rights.
 Additionally, the ICESCR prohibits discrimination based on
various factors and requires states to ensure the equal
rights of men and women to enjoy all economic, social, and
cultural rights identified in the Covenant.
 Overall, the ICESCR plays a crucial role in promoting and
protecting economic, social, and cultural rights, thereby
contributing to the safeguarding of individual rights on a
global scale.
 Amnesty International (AI)-

 Formation and History:

 Amnesty International was founded in July

1961 in London, by two lawyers: Peter
Benenson and Philip James. The organization’s name,
“Amnesty,” signifies its commitment to advocating for the
release of prisoners of conscience and promoting justice.

 Objectives-
 Amnesty International’s primary objective is to prevent
and end grave abuses of human rights. It achieves this
through rigorous research, advocacy, and practical
action.

 Functions-

 AI conducts thorough research, documents human rights

abuses, and publishes reports.
 Amnesty campaigns globally to raise awareness about
human rights violations. It mobilizes public opinion and
exerts pressure on governments, armed groups, and
corporations.
 In countries with a strong presence, members are
organized into sections. These sections coordinate
activities and campaigns. In other regions, individuals
can become international members.
 Amnesty also operates through international
networks and affiliated groups, each with specific themes
or identities

 Structure:

 Amnesty International is led by a Secretary-General,

responsible for day-to-day operations.
 While most members are volunteers, Amnesty retains a
small number of paid professionals.
  There are members of Amnesty International in more
than 140 countries and territories around the world.

 Vision-
 Amnesty envisions a world where every person enjoys all
human rights outlined in the Universal Declaration of
Human Rights and other international standards.

 Core values- justice, equality, freedom and dignity for all

individuals, commitment. Impartiality. Transparency and
accountability.

 Areas-

 Women’s, children’s, minorities’ and indigenous rights

 Ending torture
 Abolition of the death penalty
 Rights of refugees
 Rights of prisoners of conscience
 Protection of human dignity.
 Contributions to Development:
 By addressing human rights violations, Amnesty
contributes to a just and equitable world.
 Its advocacy influences policies, legal reforms, and public
opinion.
 Amnesty’s work fosters a culture of accountability and
empathy, promoting sustainable development.

 how amnesty carry out their work
a. Detailed Research:
 Amnesty International systematically and
impartially researches individual cases and patterns of
human rights abuses. They delve into the facts,
uncovering violations accurately and persistently.
 Their research findings are then publicized to raise
awareness and inform the public and decision-makers.

b. advocacy:
  Amnesty addresses various entities, including governments,
intergovernmental organizations, armed groups, political
groups, and companies.
 They advocate for human rights by urging these entities
to observe the rule of law, ratify and implement human
rights standards, and respect the fundamental rights.

c. Mobilization:
 Members, supporters, and staff actively mobilize public
pressure on governments and other actors to halt
human rights abuses.
 Grassroots activism plays a crucial role in Amnesty’s
efforts to free individuals unjustly jailed for expressing
their opinions.

 Achievements-
 In 1977, Amnesty International was awarded the Nobel
Peace Prize for its unwavering commitment to human
rights.
 Amnesty’s five-year human rights education program, “its
My Body!” empowered young people in Argentina, Chile,
and Peru.
 In Sri Lanka, Amnesty called for an end to the forced
cremation of deceased individuals from the Muslim
community due to Covid-19.
 Amnesty secured the release of several prisoners in
Bahrain, including four children tried as adults.

In essence, Amnesty International stands as a beacon of hope,

amplifying the voices of the oppressed and striving for a world
where human rights are universally respected and protected.

Human Rights Watch-

 Formation of Human Rights Watch:

  Human Rights Watch was founded in 1978 as "Helsinki
Watch," focusing on monitoring the Soviet Union's
adherence to the Helsinki Accords. It later expanded in size
and scope, adopting its current name in 1988.

 Functions and Objectives

 Human Rights Watch conducts fact-finding investigations of
human rights abuses in various countries to ensure
compliance with the Universal Declaration of Human
Rights. It aims to expose violations, hold abusers
accountable, and advocate for policy changes and justice.

 Structure
 Human Rights Watch is organized geographically into five
divisions covering Africa, the Americas, Asia, Europe &
Central Asia, and the Middle East & North Africa. It also
has thematic divisions focusing on specific issues like arms,
children's rights, and women's rights.

 Vision
 The organization is dedicated to protecting human rights
globally, standing with victims and activists to prevent
discrimination, uphold political freedom, protect individuals
from inhumane conduct during wartime, and bring
offenders to justice.

 Contribution to Development
 Human Rights Watch contributes to development by
advocating for policy changes, enforcing laws, and ensuring
justice. It investigates and exposes human rights violations,
holds abusers accountable, and pressures them to reform.
By addressing issues like war crimes, child labor, and
 human trafficking, it plays a crucial role in promoting
human rights and social justice globally.

In essence, Human Rights Watch, through its formation,

functions, objectives, structure, vision, and advocacy efforts,
significantly contributes to the development of a more just and
rights-respecting world by exposing abuses, advocating for policy
changes, and holding perpetrators accountable for their actions.

National Human Rights Commission (NHRC)-

 Formation and structure-

 The National Human Rights Commission (NHRC) established

in 1993, is an independent statutory body as per the provisions
of the Protection of Human Rights Act of 1993 which was
amended in 2006.
 The National Human Rights Commission (NHRC) is composed
of a Chairperson and eight other members.
 The chairman is the pm of the country.
 The Commission is headquartered in New Delhi and has
regional offices in various Indian states.

 Functions:

The NHRC fulfills a multifaceted role:

a. Investigation: The National Human Rights Commission

(NHRC) investigates complaints or failure of any public
official regarding the rights violation, either suo motu or
after receiving a petition.

b. Prevention and Safeguard: The National Human Rights

Commission is responsible for investigating the inmates’
 living conditions in prisons and making recommendations
thereon.

c. Research in Human Rights: The commission promotes

research and encourages NGOs in the field of human rights.
While doing investigations, the commission enjoys
the powers of a civil court.

d. Effective Implementation of Treaties: The National

Human Rights Commission also studies treaties and
other international instruments on human rights and makes
recommendations for their effective implementation.

e. Intervention: It can intervene in proceedings involving

any allegation of violation of human rights pending before a
court after getting the approval of such court.

f. Visit Jails: The commission has to visit the jails and

detention centers to study the living conditions of inmates
and make recommendations.

g. Factors Causing Terrorism: The National Human Rights

Commission reviews factors that cause terrorism and
suggests remedial measures.

h. Encourage Efforts of NGOs: The National Human Rights

Commission also encourages efforts of NGOs working in the
field of human rights.

 Objectives:

 To strengthen the institutional framework for addressing

human rights effectively.
 To independently examine allegations without government
interference.
 To promote human rights awareness among the masses,
both nationally and internationally.

 Limitations-
 The Recommendations made by the NHRC are not binding.
 Violation of Human rights by private parties cannot be
considered under NHRC Jurisdiction.
 NHRC doesn’t have the power to penalize the authorities that
don’t implement its recommended orders.
 The NHRC has limited jurisdiction over cases related to armed
forces.
 The NHRC faces other issues like excess cases/complaints,
insufficient funds, bureaucratic functioning style, etc.

In essence, the NHRC serves as a beacon of hope, championing

human rights and striving for a fairer, more equitable India.

State Human Rights Commissions (SHRC)-

 The Protection of Human Rights Act of 1993 provides for
the creation of not only the National Human Rights
Commission but also a State Human Rights Commission at
the State Level.
 About 26 states have constituted the State Human Rights
Commission through official Notification.
 A State Human Rights Commission can inquire into
violation of human rights only in respect of subjects
mentioned in the State List (List-II) and the Concurrent List
(List-III) of the Seventh Schedule of the Constitution of
India.
 The State Human Rights Commission is a multi-member
body consisting of a chairperson and two members.

 Functions

 The commission investigates human rights violations by public

servants, either proactively or in response to petitions or court
orders.
 It intervenes in legal proceedings related to such violations.
 The commission assesses living conditions in jails and
detention centers. It provides recommendations for
improvements.
 The commission reviews and recommends steps for effective
implementation of constitutional and legal safeguards for
human rights.
 It identifies obstacles to enjoying human rights, including acts
of terrorism, and suggests solutions.
 The commission conducts research on human rights issues.
 It promotes human rights literacy and awareness among the
public.

Right To Information (RTI)

Introduction to RTI:

 The Right to Information Act, 2005 (RTI Act) was a

significant milestone in India.
 Passed unanimously by both houses of Parliament, it came
into effect on October 13, 2005.
 The RTI Act empowers citizens to seek information about
governmental activities, rules, and regulations.
 It ensures transparency and accountability by allowing
citizens to access information held by public authorities.

Objectives of the RTI Act:

1. Empowering Citizens:
o Citizens have the right to seek information as a matter
of fundamental right.
o They can demand details about government functions,
policies, and decisions.

2. Transparency:
o The RTI Act maintains transparency by making
information accessible.
 o It sheds light on administrative processes and decision-
making.

3. Fighting Corruption:
o By exposing malpractices and corruption, the RTI Act
helps check large-scale corruption within the system.

Advantages (Pros) of the RTI Act:

1. Transparency:
o Citizens can acquire information about governmental
activities, rules, and regulations.
o It ensures that the system operates openly and
honestly.

2. Empowerment:
o The RTI Act empowers citizens to question authorities
and demand accountability.
o It bridges the gap between the governed and the
government.

3. Accountability:
o Public authorities are held accountable for their
actions.
o The RTI Act encourages greater responsibility and
responsiveness.

Limitations (Cons) of the RTI Act:

1. Limited Area of Operation:

o The Act applies primarily to the public sector.
o Private entities are not directly covered.

2. Exemptions:
o Certain information is exempted from release, such as
matters related to national security.
o The Official Secrets Act and other laws restrict
disclosure.

3. State-Specific Variation:
 o The RTI Act extends to the whole of India except
Jammu and Kashmir.

In summary, the RTI Act empowers citizens, promotes

transparency, and fights corruption. However, it has limitations
that need consideration.

Fundamental rights-
Fundamental rights in the Indian Constitution are enshrined in
Part III (Article 12–35) and are considered essential for the all-
round development of individuals. These rights are protected by
the fundamental law of the land, the constitution, and are
enforceable by the courts, subject to certain restrictions. The six
fundamental rights guaranteed to Indian citizens are:

1. Right to Equality (Article 14–18): Ensures equality before the

law, prohibits discrimination based on religion, race, caste, sex,
or place of birth, and guarantees equal opportunities in
employment.

2. Right to Freedom (Article 19–22): Guarantees freedoms such

as speech, expression, assembly, association, movement,
residence, and the right to practice any profession or occupation,
subject to certain restrictions for the security of the State, public
order, decency, or morality.

3. Right against Exploitation (Article 23–24): Prohibits forced

labor, child labor, and trafficking in human beings, ensuring
protection against exploitation.

4. Right to Freedom of Religion (Article 25–28): Protects the

freedom of conscience and the right to profess, practice, and
propagate religion.

5. Cultural and Educational Rights (Article 29–30): Safeguards

the rights of any section of citizens to conserve their culture,
language, or script, and the rights of minorities to establish and
administer educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32–35): Provides for

constitutional remedies for the enforcement of fundamental
rights, allowing citizens to approach the Supreme Court of India
for the protection of their rights.

These fundamental rights are not absolute and can be subject to

Constitutional amendments. They aim to overturn pre-
independence social inequalities, abolish untouchability, prohibit
discrimination based on various grounds, and protect cultural
and educational rights. The interplay of fundamental rights and
duties is crucial for the progress and harmony of Indian society,
ensuring individual liberties and fostering a sense of collective
responsibility essential for the nation's holistic development.

Freedom of Speech and Expression-

Freedom of speech and expression is a fundamental right
enshrined in Article 19(1)(a) of the Indian Constitution. This right
grants all citizens the freedom to express their thoughts,
opinions, and ideas without fear of censorship or retaliation. It is
considered the cornerstone of democracy, allowing individuals to
participate in public discourse, criticize the government, and
hold authorities accountable.

The philosophy behind Article 19(1)(a) lies in the Preamble of the

Constitution, which solemnly resolves to secure to all citizens
liberty of thought and expression. This right encompasses
various aspects, including the freedom of the press, commercial
speech, broadcasting, information, criticism, and expression
beyond national boundaries.
Importance of Press Freedom:
The media, often referred to as the “fourth pillar of
democracy,” plays a crucial role in shaping public opinion. It
function as-

o Watchdog Function: The media acts as a watchdog,

holding those in power accountable for their actions.
o Transparency: It ensures transparency by reporting on
government policies, corruption, and social issues.
o Informed Citizenry: A free press provides citizens with
information necessary for rational decision-making.
o Global Reputation: International perception of a country
is influenced by media coverage.
o Democratic Values: Press freedom upholds democratic
values and prevents authoritarianism

The complexities of human rights in India are multifaceted and

encompass a range of challenges and issues that impact the
protection and promotion of human rights in the country. Some
of the complexities are-

a. Regional Disparities: India's vast size and diverse

population contribute to regional disparities in the
protection and promotion of human rights. Different regions
may face unique challenges and require tailored approaches
to address human rights issues effectively.
b. Cultural Pluralism: India's rich cultural diversity presents
both opportunities and challenges for human rights.
Respecting and protecting the rights of individuals from
different cultural backgrounds while ensuring universal
human rights standards can be a complex task that requires
sensitivity and understanding.
c. Intersectionality: Human rights issues in India often
intersect with other social categories such as gender, caste,
religion, and ethnicity. Understanding these intersections is
crucial for addressing the complex challenges faced by
marginalized groups and ensuring their rights are protected.
d. Legal and Institutional Framework: The legal and
institutional framework in India plays a significant role in
safeguarding human rights. However, challenges exist in
ensuring effective enforcement of laws and policies to
protect human rights for all individuals, especially in the
face of evolving societal dynamics.
e. Political Dynamics: Political factors can impact the
protection of human rights in India. Issues such as
government policies, political ideologies, and power
dynamics can influence the implementation of human rights
laws and the treatment of marginalized communities and
individuals.