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Human Rights and Practice

1. Define human rights. Explain the origin and development of human rights. Trace the evolution
of the concept of Human rights.

Joel Feinberg: “Human Rights as moral rights held equally by all human beings, unconditionally and
unalterably. That is for Feinberg Human Rights are moral claims based on primary human needs”.

Marco Sutto - “Human rights” are rights inherent to all human beings, regardless of our nationality,
residence, sex, sexual orientation and gender identity, national or ethnic origin, colour, religion,
language or any other status. We are all equally entitled to our human rights without discrimination.

Human rights are the basic rights and freedoms that belong to every person in the world, from birth
until death. Human rights are moral principles or norms for certain standards of human behaviour
and are regularly protected in municipal and international law.

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.

Human rights are standards that recognize and protect the dignity of all human beings. Human rights
govern how individual human beings live in society and with each other, as well as their relationship
with the State and the obligations that the State have towards them.

Origin of Human Rights

The idea of Natural Rights is very old. In the classical literature of Ancient Greece from 5th century
B.C. we come across a striking expression of the belief in the power exercised by the gods on human
society, based on law. According to the Ancient Greece writers, the god establishes a law which
stand above the obligations and interdictions imposed by the rules of the community. In Roman law
there was a distinction between national law (jus civile) and the law which is actually common to all
nations (Jus gentium). Jus natural was the law of nature which is fixed and immutable, higher to all
human laws derived from the dictates of right reason.

The origins of Human Rights are ideally pinpointed to the year 539 BC. When the troops of Cyrus the
Great conquered Babylon. Cyrus freed the slaves, declared that all people had the right to choose
their own religion, and established racial equality. These and other principles were recorded on a
baked-clay cylinder known as the Cyrus Cylinder, whose provisions served as inspiration for the first
four Articles of the Universal Declaration of Human Rights.

Another cornerstone in Human Rights History is represented by the promulgation of the Magna
Carta in 1215 which introduced a raw concept of “Rule of Law” and the basic idea of defined rights
and liberties to all persons, which offers protection from arbitrary prosecution and incarceration.
Before the Magna Charta, the rule of law, now considered as a key principle for good governance in
any modern democratic society, was perceived as a divine justice, solely distributed by the monarch
or the king or, in this case, King John of England.

Natural Law and Natural Rights in middle ages

Natural law acquired a new role and phase during medieval period in the works of the Christian
theologians in the forms of a belief in a law of God, above all human laws. According to St. Thomas
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Aquinas (1225-1274) the law of nature is the foundation of all human law. The state is subject to
that higher law which determines the relation of the individual to the state. This idea led to the
establishment of doctrine of natural rights and by the end of Middle Ages the concept of natural
rights of man became well established. All this led to the formulation of right to revolt against a
tyrannical ruler. In middle ages, a number of Acts were enacted to show the superiority of Natural
law and Natural Rights. The principle of the Habeas Corpus Acts latent in the 39th clause of Magna
Carta was acknowledged already in 1188 by Alfonso IX at the certes of Leon. The great Charter of the
liberties of England or the Magna Carta of 1215was imposed on King John by the prelates, Earls and
barons of his realms after his defeat by the king of France in 1214. Charters of liberty are steps
towards the realization and implementation of Human Rights. Magna Carta of 1215, Petition of
Rights of 1628; Habeas corpus Act of 1679, Bill of Rights of 1689 are some of such steps taken in
England.

Natural Law and Natural Rights in 17th and 18thCentury

The key notion of the social contract theory implied the existence of rights which the individual
possessed before entering organised society. The contributions of Hugo Grotius, Vattel,
Pufendorfand Wolff in the development of the concept of natural rights are commendable.

There were other factors which emphasised the vitality of the natural rights of man. Milton’s appeal
to the natural freedom of man was the basis of his claim to be ruled by law and not by the arbitrary
whim of man; the insistence in the course of the puritan revolution, on natural rights in support of
political freedom, social equality and universal suffrage; the place which Blackstone assigned to the
natural rights of man are some of the examples of the factors which gave force to the doctrine of
natural rights in 16th century.

The Virginian Declaration of Rights of 1776; other similar Constitutional enactments in the same
year; the Constitution of New York and of New Georgia of 1777, and that of Marsacheselts of 1780;
the declaration of independence of 1776 and the Bill of Rights in the form of the first ten
Amendments to the Constitution of America; the declaration of the Rights of Man and of the Citizen
adopted in 1789 by the French National Assembly and prefixed to the Constitution of 1793 and
1795: all these expressly acknowledged the inherent rights of Man.

Natural Rights and Doctrine of Humanitarian Intervention in 19th Century

At the turn of the century after the French revolution the doctrine of natural law was a doctrine of
abstract and immutable principles and of eternal and inviolable Human Rights. In England, Burke
launched his attack against the assertion of the Natural Law doctrines.

In Germany, reaction against the philosophy of natural law emerges with “Historical School” of
jurisprudence. But we come across the occasions in this century on which the doctrine of
humanitarian intervention has been involved on behalf of countries. Such, for example was the
intervention in 1827 by Great Britain, France and Russia on behalf of the Greek revolutionaries, the
numerous interventions protecting Turkish treatment of Armenians and other Christians and the
protests by the United States in 1891 and 1905 against anti-Semitic outrages in Russia. From the
beginning of the 19th century, attention was directed more to the rights of the individual than to the
objective norms. But states have persistently claimed supreme authority over all persons with in
their respective territories. Traditional international law recognized only states as the appropriate
subjects of international law.

Between World War I and World War II

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The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles
following the end of World War I. The League's goals included disarmament, preventing war through
collective security, settling disputes between countries through negotiation, diplomacy and
improving global welfare. Enshrined in its Charter was a mandate to promote many of the rights,
which were later included in the Universal Declaration of Human rights.

The League of Nations had mandates to support many of the former colonies of the Western
European colonial powers during their transition from colony to independent state.

Established as an agency of the League of Nations, and now part of United Nations, the International
Labour Organization also had a mandate to promote and safeguard certain of the rights later
included in the Universal Declaration of Human Rights (UDHR): the primary goal of the ILO today is
to promote opportunities for women and men to obtain decent and productive work, in conditions
of freedom, equity, security and human dignity.

After World War II

Universal Declaration of Human Rights

Main article: Universal Declaration of Human Rights.

The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the
United Nations General Assembly in 1948, partly in response to the events of World War II. The
UDHR urges member states to promote a number of human, civil, economic and social rights,
asserting these rights are part of the "foundation of freedom, justice and peace in the world". The
declaration was the first international legal effort to limit the behaviour of states and make sure they
did their duties to their citizens following the model of the rights-duty duality.

After the Establishment of Constitution of India.

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2. Discuss the developments of human rights law in India.

Human Rights in Ancient India

The concept of human rights is not alien to Indian political thinkers and philosophers. The concept is
as old as ancient civilization.

In ancient India, law was based on the principle of Dharma. The Epics Ramayana and Mahabharata
make us learn that Dharma was ordained for the advancement of all creatures as well as restraining
creatures from injuring one another. The righteousness has been described as the essence of
Dharma in The Bhagwad Geeta. The Upanishads speak of Dharma as the foundation of whole
universe. The Vedas and Smritis talk about the concept of Vasudhaiv Kutumbakam (the whole world
as one family). All the four Vedas insist on equality and dignity for humans.

In ancient India, the trace of the concept of human rights can be paved back from the Vedas period
of the fifteen century B.C. There are wide range of stories, pronouncements found which showed
the way to the concept of human [Link] Vedas, human right is signified with the concept of
equality. The Charter of equality of all as defined in the Vedas in the following words-No one is
superior inferior allshould strive for the interest of alland should progress collectively.

Kautilya beautifully sum up the concept of welfare state by saying that the happiness of the state lies
in the happiness of his [Link] the period, the civil and legal rights first formulated by Manu
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but also added a number of economic rights. From the fact and stories, it is truly revealed that the
society under vedic period was well stimulated and organized and committed towards human right.
In fact, the importance of human rights were well supported by Jainism, Buddhism and other
minority religious group. No discussion of human rights and their roots in the ancient period is left
without giving the reference of Ashoka.

Ashoka inscribes, “All men are my children and just desire for my children that they may enjoy every
kind of prosperity and happiness with in this world and in the next, as also as I desire the same for all
men”. In fact, the king Ashoka worked day and night for the protection of human rights. It’s
unfortunate that the decline of human rights were witnessed with the decline of Mauryan Empire.

Hence, it is very much clear that Ancient Indian Literatures stood for enlarging and encouraging
human rights, freedoms, liberty and equality for all people irrespective of any discrimination based
on caste, creed, gender, sex, religion.

Human Rights in Medieval India

The Medieval period signifies the Muslim era in India. The Pre-Mughal period saw the existence of
social, political, cultural, religious rights. But with the advent of Mughals, the concept of human
rights got lost in the dark. But Akbar's period (1526-1605) showed that the great regard was given to
the social, religious and political rights.

In his religious policy Din-E-Ilahi (divine-religion), he tried to preach the idea of secularism and
religious tolerance. Similarly, various religious movements like Bhakti (Hindu) and Sufi (Islamic) made
remarkable contribution to the emergence of human rights which at times suppressed by the other
Mughal Emperors like Babar, Humayun, and Aurangzeb.

Human Rights in Modern India

The British rule in India can be seen in the Modern period. During this period, the British
Government of India had not only deprived the Indian people of their freedom but had based itself
on the exploitation of the masses, and ruined India economically, politically, culturally and
spiritually.

A series of resolution were passed between 1917 & 1919 for demanding civil rights & equality.
Another major development was drafted by “Mrs. Besant‘s Common wealth of 1925.” The Bill
contained a list of seven fundamental rights –

1. Liberty of person.
2. Freedom of conscience & free profession & practice of religion.
3. Free expression of opinion.
4. Free elementary education.
5. Use of roads, public places, courts of justice & the like.
6. Equality before the Law, irrespective of consideration of nationality.
7. (vii)Equality of the sexes.

The resolution was passed in 1927 which came into effect in May 1928, Motilal Nehru as its
Chairman. It is known as Nehru Report which declared that its first concern of Indians was “to secure
the fundamental rights that had been denied to them.” Another achievement came in context to
fundamental right was the Karachi resolution adopted by the congress session held in March
[Link] decade of 1940’s was generally marked by the emergence of fundamental rights by the
increased activities related to in by UN Assembly.
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After witnessing the colonial rule, every Indian was of the firm opinion that the recognition,
protection and implementation of human rights are not only basic but also inalienable for them for
leading a civilized life.

Human Rights Enshrined in Indian Constitution

The Preamble, Fundamental Rights, Directive Principles of State Policy, newly added Fundamental
Duties, reservation for scheduled castes and tribes, special provisions for Anglo- Indians and other
backward classes are important constitutional provisions from the human rights point of view.

Human Rights is enshrined through the enhanced concept of Article 21 of the Constitution of India.
Article 21 of the Constitution of India is the heart and soul of our Constitution. Its scope is being
broadened in an ever-extending horizon, by various legal proclamations. According to Bhagwati, J.,
Article 21 ‘embodies a constitutional value of supreme importance in a democratic society. ‘ Iyer, J.,
has characterized Article 21 as ‘the procedural Magna Carta protective of life and liberty.’ This right
has been held to be the heart of the Constitution, the foremost natural and progressive arrangement
in our living Constitution, the establishment of our laws.

Apart from the various constitutional provisions, various statutes have also been enacted by the
Indian legislature with a view to protect and promote human rights.

Some of the important legislations enacted by the union are:

1. Protection of Human Rights Act, 1993;

2. National Commission for Minorities Act, 1992;
3. National Commission for Women Act, 1990;
4. Protection of Civil Rights Act, 1995;
5. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989;
6. Immoral Traffic (Prevention) Act, 1987;
7. Bonded Labor System (Abolition) Act, 1976;
8. Juvenile Justice (Care and Protection of Children) Act, 2000;
9. Child Labor (Prohibition and Regulation) Act, 1986 etc.

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3. What are the sources of international human rights law?

Traditions make up ‘international law’. A wide range of subjects such as security, safety, diplomatic
and political relations, trade, culture, and human rights by international law, but it varies from the
domestic legal system in several necessary ways.

There is no such enforcing legislature or institution in international law. Consequently, international

law is based on self-enforcement by the states which gave the consent. The consent can be
expressed in various ways in terms of deriving the rules of international law. One obvious way is an
explicit treaty that can impose obligations on the states. Except for treaties, other documents and
agreements are serving as guidelines for the conduct of states, however, they are not binding.

Formal and Material Sources

As pointed out by Starke,” The material sources of international law may be defined as the actual
materials from which an international lawyer determines the rule applicable to a given situation.”
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“The term ‘source’ refers to methods of the procedure by which international law is created.” There
is a difference between formal and material sources. As pointed out by G. Fitzmaurice, They may be
called as respectively;

1. Direct and indirect

2. Proximate or immediate
3. Remote and ultimate

The material sources provide evidence of the existence of rules which, when proved, have the status
of legally binding rules of general application.” Further, “The sources of international law, this is to
be found on the other hand, concerning the particular rules which constitute the system, and the
processes by which he becomes identifiable as rules of law. The sources of the rules of law, while
therefore distinct from the basis of the law, are nevertheless necessarily related to the basis of the
legal system as a whole.” The sources of international law are many. The states commit to sources to
different degrees of international law.

1. International conventions
2. International customs;
3. General Principles of Law Recognized by Civilized Nations;
4. Decisions of Judicial or Arbitral Tribunals and Juristic works;
5. Decisions or Determinations of the Organs of the International Institutions.

International Conventions

The credible source of International Law is International Conventions. The term ‘convention or
treaty’ is used for all types of international agreements which are known by a variety of different
names such as convention, pact, declaration, protocol as well as the name agreement itself. A treaty
or convention is defined as an international agreement entered between states in written form and
governed by international law.

Treaties are two kinds of-

Law-making treaty-entered by a large number of states

Treaty contract-entered by two or more states

The treaties are imposed on the states that are legally binding and they impose obligations on the
states about how they treat all the individuals within their jurisdiction. Majorly, International
Conventions protect human rights have been adopted.

International treaties are contracts signed between states. They are legally binding and impose
mutual obligations on the states that are party to any particular treaty (states parties). The main
particularity of human rights treaties is that they impose obligations on states about the manner in
which they treat all individuals within their jurisdiction.

International Customs

Article 38(b) of the statute of the International Court of Justice identifies ‘International Customs, as
evidence of general practice accepted as law’ as one of the sources of international law.

International customs are the primary source of international law. Custom is a habit that has been
repeated for a long time and acquires the force of law. Usage of the earlier stage of development of
customs. Where usage ends customs starts. It is only in the modern period that the importance of
customs has suffered a setback. However, even today it is regarded as one of the important sources
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of international law. Customary rules of international law are the rules which have been developed
in a long process of historical development.

To understand the usage of the meaning of ‘custom’, it is necessary to know the meaning of the
word ‘usage’. The words ‘custom’ and ‘usage’ are often used as synonymous. There is a difference
between the usage of custom and usage, and they are not synonyms. Usage may be inconsistent and
opposed to each other. But this can never be the case with custom. When states in their
international relations start behaving in a particular way in certain circumstances, it is expected that
in similar circumstances they will behave in the same way. This is called usage. But when this usage
receives the general acceptance of recognition by the states in their relations with each other there
develops the conception of obligation that becomes custom.

Customary International Law is much more mutual law in international law than in most native legal
systems. This reproduces the incapacity of international law to grow an efficient process of writing
law creation.

General Principles of Law Recognized by Civilized Nations

All the nations are now considered civilized Nations. This is the third primary source of international
law if the first two primary sources are not available then these rules are applied.

General Principals of law a source of international law that is hypothetically correspondent treaty or
custom laws. But General Principals are used to closing gaps left by treaty and customary laws in
actual practice. These Principals are established by comparing the national legal system.

Especially, international arbitral tribunals often apply the general principle of laws and they are quite
useful also. All the domestic legal systems cannot be compared by anybody so it becomes
complicated too. General Principals of law plays an important role in case-laws regarding human
rights.

Does one question arise that why are general principles used? None of the legislation can deliver
answers to every query and to every possible condition which arises. Hence, rules of law or
principles that enable decision-makers and supporters of the executive and judicial divisions to
choose on the issues before they are needed. General principles of law performances two vital roles:
on the one hand, they deliver strategies for judges, in particular, in deciding in separate cases; on
the other hand, they edge the unrestricted power of judges and supporters of the executive in their
judgments in separate cases.

Decisions of Judicial or Arbitral Tribunals and Juristic works

Judicial decisions and decisions of Arbitral tribunal are also sources of international law but it is
treated as a subsidiary source of international law. Since the doctrine of precedent does not apply in
the field of international law, international judicial decisions are generally not binding.

International Judicial Decisions, – The main international judicial tribunal is the International Court of
Justice. It was situated as a successor of the Parliament Court of International Justice. Hence, it may
be noted that the decision which is given by the International Court of Justice does not generate a
mandatory common rule of international law. Article 59 of the statute of the International Court of
Law defines that there will not have any binding force of the decision of the court expect between
the parties and the particular case of decisions of the court. Earlier, the decision of the court was not
obligatory on the courts because the courts have the right to deviate from its judgment or decision.
However, Courts do not deviate from its decision, it changes in very unusual situations.
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Juristic Work - Juristic works are writings of the legal Scholars. This is the option of jurists in the field
of international law. Juristic works are also treated as a subsidiary source of international law.

Decisions or Determinations of the Organs of the International Institutions.

Decisions or Determinations of the Organs of the International Institutions also play an important
role in the development of international law. However, Article 38 did not at all mentioned decisions
and determinations of the organs of the international institutions as a source of international law
because international organizations did not play such an important role as they have done now.

The reason for this omission is easily explained. The official list of the statute of the International
Court of Justice was drafted 80 years ago. Therefore, international organizations are a prominent
feature of international law.

Some decisions contain generally binding rules, like the regulation of the European Community, and
are comparable to domestic legislation. Many others, like the resolutions of the United Nations, are
normally just recommendations. But it does not follow legally irrelevant. The recommendations
frequently rely on legal arguments. The tenacity of these general comments or recommendations is
to help the state parties in fulfilling their responsibilities.

Conclusion

There are different foundations of international law as conventions/treaties, customary

international law, and general principles of law. In their definite application, however, these sources
are faithfully interconnected. They often cooperate by accompanying and switching each other.
Often a rule made in one type of source later appears in the form of another source. Thus, these
distinctive sources of international law should never be noticed in seclusion.

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4. What are the human rights?

Human rights are rights we have simply because we exist as human beings - they are not granted by
any state. These universal rights are inherent to us all, regardless of nationality, sex, national or
ethnic origin, color, religion, language, or any other status.

1. Right to life
2. Rights to freedom of opinion and expression
3. Rights to food
4. Right to Work
5. Right to Liberty
6. Right to freedom from slavery
7. Right to freedom from Torture
8. Right to Education
9. Right to health
10. Right to Equality

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5. Write a note on different kinds of human rights. Classification of human rights

Human Rights broadly can be classified from two different perspectives: Firstly, from the perspective
of different aspects of human life, civil, political moral, social, economic, and secondly from the
perspective of the ways of securing them. The human rights can be classified asunder:
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Natural Rights

Natural rights are those rights which are considered to be inherent and integral to human nature. In
fact, every individual, by nature, is given an individual property of his own which cannot be taken
away by any authority. Such rights include intellectual rights, rights of the mind and also rights of
acting as an individual for his own comfort and happiness, provided they are not injurious to the
natural rights of others.

Moral Rights

These rights are based on the general principles of fairness and justice. These are simply aspirations
and ideals of the people who claim for it. Sometimes, people justify these rights on the ground of the
role they perform or the position they occupy in society. For example, the mother of a family might
complain that she has the right to be consulted about what is going on in her family. In this case, she
is applying the principle that parents are entitled to be consulted when family decisions affect the
members. So it is the moral duty of other members to do the same.

Fundamental Rights

There are certain rights which are more important and basic than the others. For example, right to
life is the most basic of all rights upon which the enjoyment of other rights depends. Among other
basic rights to be recognized as a person before the law, the right to equal protection under law, and
freedom from illegal arrest or detention. These rights never be restricted or taken away by any
authority. That is why, every society has a fundamental duty to protect these at all times.

Legal Rights

Legal rights are otherwise known as positive rights. These rights are laid down in law. They are also
guaranteed and protected by the law of the State. Thus, legal rights are uniform and open to all
irrespective of the caste, colour, race or culture.

Civil and Political Rights

Rights that are granted by government or civil society are called civil and political rights. These rights
provide the basis for the fulfillment of elementary conditions of the social life. Without them,
civilized life is not possible and they are, therefore, considered very essential for the free and
progressive life of man. Civil and political rights, however, include the right to the freedom of
speech, of assembly the right to move freely, to hold property and practice trade or profession, and
the right to take part in the government of one’s country.

Economic, Social and Cultural Rights

These are entitlements of the individual vis-a-vis the State, in order to eradicate social inequality,
economic imbalances and to limit disadvantages caused by nature, age and so on. These rights,
however are bestowed by the State. The State is not bound to meet these entitlements all at once.
Most of the socialist states recognize these rights as fundamental rights of the people. Right to
equality, right to work, right to have family, right to privacy, right to information, right to public
assistance during old age and sickness, right to health-care, right to special care during childhood
and during motherhood are some of the examples of these rights.

The rights mentioned above do not fully serve the purpose in the sense that rights have tendency to
grow with the corresponding changes in the society. Some of the rights are of recent origin like the
right to development, the right to know and the right to self-determination. There are many
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controversies regarding the question as to which are the more important rights. The Vienna
Declaration issued after a conference in which representatives of 171 countries affirmed that ’all
human rights are universal indivisible, inter-dependent and inter-relation.

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6. Explain various theories of human rights 10

In order to have a comprehensive understanding of human rights, a look at the various theories
becomes necessary to observe the shifting of priority of rights during the different phases of history.
These theories provide the basis to determine the precise subject matter upon which there could be
an agreement.

1. The Theory of Natural Rights

2. The Legal Theory of Rights
3. The Anti-utilitarian Theory of Rights
4. The Legal Realist Theory of Rights:
5. The Marxist Theory of Rights
6. Interest Theory of Human Rights
7. Will Theory of Human Rights
8. Social Utility Theory

The Theory of Natural Rights

This is the earliest theory of rights. Its origin can be traced back to the ancient Greeks. According to
this theory, rights belong to the man by nature and thus are self-evident truths. They are considered
as inborn absolute, pre-civil and according to some, they are even pre-social. They can be asserted
anywhere and everywhere. Thomas Paine, Grotius, Tom Paine and John Locke, to name a few, are
the main exponents of this theory. These theorists derived their ideas about right from God, reason
or a prior moral assumption. To them, every individual possesses a unique identity and is expected
to account for his actions as per his own conscience.

However, the critics of the natural rights theory argue that rights are abstract, absolute, or
unidentified phenomenon. Liberty, as they argue, lives within restraints. So, restraints upon rights
create social conditions where everyone has a share to develop his personality and ’correspondingly
has his obligations to others. Rights and obligations, in fact, are the two sides of the same coin.
Despite the above the theory of natural rights inspired the idea that any kind of unjust, arbitrary or
oppressive treatment to human beings is an assault upon humanity itself. Apart from this, it also
provided the basis, for the English, French and American revolutions, thereby resulting in the Bill of
Rights.

In order to have a comprehensive understanding of human rights, a look at the various theories
becomes necessary to observe the shifting of priority of rights during the different phases of history.
These theories provide the basis to determine the precise subject matter upon which there could be
an agreement. An incisive insight into the major theories of rights is as follows:-

The Legal Theory of Rights

This theory is a reaction against the theory of natural rights. Advocates of this theory argue that the
ideas of natural law and natural rights are an abstract and ridiculous phenomenon. Hence, the
existence and enjoyment of the fundamental rights of an individual could be better maintained and
practiced by the state rather than by the individual himself.
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Thomas Hobbes, John Austin, and Jeremy Bentham are the main propounders of this theory.
According to them, rights are purely utilitarian concepts and thus the rule and regulations are
necessary for identification and protection of one’s rights. Towards this end, every individual has to
sacrifice certain rights and freedoms for the general welfare of the society.

This theory has been severely criticized on the ground that law alone does not create rights. Rather,
it recognizes and protects them. Customs, traditions and morality also have a basis for rights.
However, the truth in this theory lies in the fact that it enables individuals to demand certain specific
and recognized rights as granted and guaranteed by the state.

The Anti-utilitarian Theory of Rights

There are yet other theorists who strongly argue that the priority of the well-being of the majority as
stated by the utilitarian is not the prime objective of state. Amongst them Dowrkin, Nozic and John
Rawls are the leading ones. They hold the view that the welfare of the majority might lead to
detrimental consequences as far as the welfare of a particular person or a group of persons is
concerned. So there has to be proper reconciliation between the well-being of the majority and
individual well-being for the better enjoyment of social and individual rights. Today, the demand for
right to development on international foray is perhaps the manifestation of this theory.

The Legal Realist Theory of Rights:

The Legal Realist Theory of Rights is of recent origin. It mainly originated in U.S.A. with the expansion
of regulatory activities followed by president Roosevelt’s “New Deal Policy. "A group of jurists such
as Karl Liewellyn, Roscoe Pound and others discussed the point as to what law does, rather than
what law is, in a highly complex and industrialized society. These theorists did not propound a
common theory of rights. Rather, they considered rights as the end product of both the interaction
of prevailing moral values of the society as well as the broad-based international sharing of values.
So human rights, as they argue, are nothing but a manifestation of an on-going process rather than a
theoretical debate. This kind of a new approach to the concept of rights does away with the
problems relating to the abstract nature of the concept. However, this theory goes about
questioning the existing laws, their values and the actions, so far enacted upon the society. In other
words, it questions the shortcomings and ineffectiveness of the existing laws does not prescribe any
solution in the form of super-value of a human being.

The Marxist Theory of Rights

Rights, according to Marx are simply concept and a product of bourgeois capitalist society primarily
designed to maintain and reinforce the predominant position of the ruling class. This theory of rights
is very simple and to a certain extent convincing too. Marx regards the state as a coercive agency to
uphold the particular type of social organization and law is a tool of the state that perpetuates and
safeguards the interest of the dominant group in the society. He firmly believes that rights can exist
and flourish only in a classless society where all are equal and no one is an exploiter.

Social and economic rights are, thus, the main concern of this theory. However, the contribution of
Marxist thought to the development of international covenant on economic, social and cultural
rights has been found in the International Covenant on Economic, Social and Cultural Rights (ICESCR)
in 1966. This theory, however, does not include religion, customs, traditions and mortality as integral
components of human rights.

To sum up, “There is not a single theory which can adequately explain the origin and nature of rights.
Each theory is the product of its own time and in conformity with the genius of the people with
 12

whom the pronouncers of the theory were associated. There is some element of in all these
theories. But there is one eternal truth which cannot be ignored that individual good and social good
go together. Society is an organic unit and welfare of the community is built upon the welfare of the
individuals, and both go hand in hand. Hence, a good theory of rights should take into consideration
the most conductive variable essential for the welfare of all members of a society.

Interest theory of human rights:

The Interest theory was propounded by Jeremy Bentham (1748-1832), a utilitarian, stated the
importance of moral rights in legal systems, being highly critical of it at the same time. According to
his ideals, a person could be considered to vote if someone ratified it with legal rules and
regulations.

Joseph Raz, a recent interest theorist, initiated, however, “X has a right if and only if X can have
rights, and other things being equal, an aspect of X’s well-being (his interest) is a sufficient reason for
holding some other person(s) to be under a duty.” -From this point of view, it can be understood
how recent philosophers considered this theory to be the “benefit theory” stating that basic moral
duties respecting others’ essential interests, such life and liberty, serve as the basis of moral rights.

Will Theory of Human Rights:

The will theory was given by H.L. Hart (1907-1992), where he cited the importance of human
freedom or liberty. He mainly focused on the freedom of every person, which means that freedom
and well-being are the two necessary conditions for a rationally purposive agent in the first place.
They are the essential prerequisites for a human being, were to be human is to possess the capacity
for rationally purposive action. However, each individual is entitled to have access to them.

However, both these theories faced their shortcomings too, on basis of limiting interests and third
party interests in the Interest Theory and lack of non-transferable rights and the cognitive abilities of
the right holders in the Will Theory respectively.

Social Utility Theory

Another theory which has been advocated as to the basis of human rights is the social utility. The
theory maintains that what conforms to the utility of an individual represents the total sum of his
happiness and that what conforms to the utility of a community represents the total sum of
happiness of the individuals composing that community. Under the social utility theory of human
rights, those rights are considered genuine human rights which tend to increase the total happiness
of human beings. Thus human rights are those which constitute permanent and general conditions
of human happiness.

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7. State the Human rights provisions provided under the UN charter.

The provisions concerning Human rights run throughout the UN charter like a golden thread.
Elucidate.
Human rights and article 2(7) of UN charter

Human Rights Provisions under the U.N. Charter

With the rise of fascism in Germany and Italy and the outbreak of world war- II, the question of
Fundamental Rights of man became much more important in many international conventions, The
United Nations Declaration of January 1, 1942 put on record that complete victory over their
 13

enemies is sentential to defend life, liberty, independence and religious freedom and to preserve
Human Rights and justice in their own land as well as in other lands.

Prior to coming into force of the U.N. Charter Human Rights movement was confined to abolition of
slavery, humanitarian laws of welfare, and protection of Minorities. The brutality committed by the
Nazis and fascists during the second world war made it imperative for a world organization to
proclaim and advocate the protection of Human Rights. The U.N. Charter proclaims sacrosanct of
Human Rights and Fundamental Freedoms.

At the San Francisco Conference it was expressed by several delegates that the United Nations
should establish an International Bill of Rights. Although that could not be done, it was well realized
by the members that it should be the obligation of the international community to cooperate in
eradicating the scourge of war, and they were therefore determined that the promotion and respect
for human rights which at present constitute so important and so conspicuous be an integrated part
of the U.N. Charter.

The result was that the Charter contained a number of provisions for the promotion of human rights
and fundamental freedoms in the Preamble and in Articles 1, 13(1) (b), 55, 56, 62(2), 68 and 76(c)
which are as follows:

1) The Preamble of the Charter in its first substantive paragraph laid down that "we the peoples of
the United Nations determined to reaffirm faith in fundamental human rights, in the dignity and
worth of the human person, in the equal rights of men and women and of the human person in the
equal rights of men and women and of nations large and small"

2) Para 3 of Article 1 of the Charter provided that the achievement of international co-operation in
promoting and encouraging respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language or religion shall be one of the purposes of the United Nations.
The above provision shows that the desirability of promoting and encouraging respect for human
rights and fundamental freedoms without distinction as to race, sex language or religion was
generally recognized.

3) The General Assembly and the Economic and social Council were given the task for the realization
of the promotion of human rights and fundamental freedoms. By the terms of Article 13, the
General Assembly was empowered to initiate studies and make recommendations for the purpose
of assisting in the realization of human rights and fundamental freedoms for all without distinction
as to race, sex, language or religion.

4) Article 55 provided that the United Nations shall promote,

(a) Higher standards of living, full employment and conditions of economic and social progress and
development

(b) Solutions of international economic social, health and related problems, and international
cultural and educational cooperation and

(c) Universal respect for and observance of human rights and fundamental freedoms for all without
distinction as to race, sex, language or religion. It is to be noted that human rights are limited to
those subjects with are mentioned in paragraph and the subjects in Paragraphs (a) and (b) are not
rights at all but only policies that should be promoted,.

5) Article 56 provided that the members of the United Nations pledged themselves to take joint and
separate action in cooperation with the
 14

Organization for the achievement of the purposes set forth in Article 55.

6) Article 62 of the Charter authorized the Economic and Social Council to make recommendations
for the purposes of promoting respect for and observance of human rights and fundamental
freedoms for all.

7) Article 68 directed the Council to set up commissions in economic and social fields and for the
promotion of human rights and such other commissions as may be required for the performance of
its functions. The commission on human Rights and the commission on the status of Women are the
subsidiary bodies of the Economic and Social Council.

8) Para (c) of Article 76 stipulated that one of the basic objectives of the trusteeship system is to
encourage respect for human rights and for fundamental freedoms for all without distinction as to
race, sex, language or religion, and to encourage recognition of the interdependence of the peoples
of the world.

Article 2(7) - Nothing contained in the present Charter shall authorize the United Nations to
intervene in matters which are essentially within the domestic jurisdiction of any state or shall
require the Members to submit such matters to settlement under the present Charter; but this
principle shall not prejudice the application of enforcement measures under Chapter VII.”

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8. Explain the characteristics of universal declaration of human rights.

Characteristics of human rights

Philosophers may continue to argue about the nature of human rights, but the international
community started its astonishing commitment to human rights through the adoption of the
Universal Declaration of Human Rights in 1948. Since then, the international community has
established the UDHR's powerful concepts in numerous international, regional and domestic legal
instruments. The UDHR was not intended to be legally binding, but the establishment of its norms in
numerous subsequent binding treaties (otherwise known as ‘conventions' or ‘covenants') makes the
legal standing of its norms unquestionable today. According to these principles:

1. Human Rights are Universal

2. Human Rights are Inherent
3. Human Rights are Fundamental
4. Human Rights are Imprescriptible
5. Human Rights are Inalienable
6. Human Rights are Indivisible
7. Human Rights are essential and necessary
8. Human Rights are in Connection with Human Dignity
9. Human Rights are Interdependent and Interrelated
10. Human Rights are Irrevocable
11. Human Rights are Participative and Inclusive
12. Human Rights are Never Absolute
13. Human Rights are Dynamic
14. Human Rights Limit State Power

Human Rights are Universal:

 15

Human rights are universal because everyone is born with and possesses the same rights, regardless
of where they live, their gender or race, or their religious, cultural, or ethnic background. The
universality of human rights is encompassed in the words of Article 1 of the Universal Declaration of
Human Rights: “All human beings are born free and equal in dignity and rights.” They are not a
monopoly of any privileged class of people. They are universal in nature, without consideration, and
without exception. They are inherent in all individuals irrespective of their caste, creed, religion, sex,
and nationality. Human rights are enforceable without a national border.

Human Rights are Inherent:

Human Rights are inherent because they are not granted by any person or authority. Human rights
do not have to be bought, earned, or inherited; they belong to people simply because they are
human.

Human Rights are Fundamental:

Human Rights are fundamental rights because, without them, the life and dignity of man will be
meaningless.

Human Rights are Imprescriptible:

Human Rights do not prescribe and cannot be lost even if a man fails to use or assert them, even by
a long passage of time.

Human Rights are Inalienable:

Human rights are conferred on an individual due to the very nature of his existence. They are
inherent in all individuals irrespective of their caste, creed, religion, sex and nationality. Human
rights are conferred to an individual even after his death. The different rituals in different religions
bear testimony to this fact. Human rights are inalienable. Human Rights are inalienable because:
they cannot be rightfully taken away from a free individual and they cannot be given away or be
forfeited. They should not be taken away, except in specific situations and according to due process.
For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of
law.

Human Rights are Indivisible:

Human Rights are not capable of being divided. They cannot be denied even when other rights have
already been enjoyed. Irrespective of their relation with civil, cultural, economic, political, or social
issues, human rights are inherent to the dignity of every human person. Consequently, all human
rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right
invariably impedes the enjoyment of other rights. Thus, the right of everyone to an adequate
standard of living (say right of health or right of education) cannot be compromised at the expense
of other rights.

Human Rights are essential and necessary:

In the absence of human rights, the moral, physical, social, and spiritual welfare of an individual is
impossible. Human rights are also essential as they provide suitable conditions for the material and
moral upliftment of the people. Human rights are necessary for the fulfillment of the purpose of
human life.

Human Rights are in Connection with Human Dignity:

 16

All individuals are equal as human beings and by virtue of the inherent dignity of each human
person. There should not be any discrimination on the grounds of race, colour, ethnicity, gender,
age, language, sexual orientation, religion, political or other opinion, national, social or geographical
origin, disability, property, birth or other status. Human dignity should be maintained. For e.g. In
1993, India has enacted a law that forbids the practice of carrying human excreta. This law is called
the Employment of Manual Scavengers and Dry Latrines (Prohibition) Act.

Human Rights are Interdependent and Interrelated:

Human Rights are interdependent because the fulfilment or exercise of one cannot be had without
the realization of the other. Each one contributes to the realization of a person’s human dignity
through the satisfaction of his or her developmental, physical, psychological and spiritual needs. The
fulfilment of one right often depends, wholly or in part, upon the fulfilment of others. For instance,
the fulfilment of the right to health may depend, in certain circumstances, on fulfilment of the right
to development, to education or to information.

Human Rights are Irrevocable:

Human rights are irrevocable. They cannot be taken away by any power or authority because these
rights originate with the social nature of man in the society of human beings and they belong to a
person simply because he is a human being. As such human rights have similarities to moral rights.
No government has the power to curtail or take away the rights which are sacrosanct, inviolable and
immutable.

Human Rights are Participative and Inclusive:

All people have the right to participate in and access information relating to the decision-making
processes that affect their lives and well-being.

Human Rights are Never Absolute:

Man is a social animal and he lives in a civic society, which always put certain restrictions on the
enjoyment of his rights and freedoms. Human rights as such are those limited powers or claims,
which are contributory to the common good and which are recognized and guaranteed by the State,
through its laws to the individuals. As such each right has certain limitations.

Human Rights are Dynamic:

Human rights go on expanding and changing with socio-eco-cultural and political developments
within the State. Judges have to interpret laws in such ways as are in tune with the changed social
values.

Human Rights Limit State Power:

States and other duty-bearers are answerable for the observance of human rights. In this regard,
they have to comply with the legal norms and standards enshrined in international human rights
instruments. So human rights limit the state’s power. Where they fail to do so, aggrieved rights-
holders are entitled to institute proceedings for appropriate redress before a competent court or
other adjudicator in accordance with the rules and procedures provided by law in form of writ
petitions. For eg. Six freedoms that are enumerated under the right to liberty forbid the State from
interfering with the individual. Individuals, the media, civil society and the international community
play important roles in holding governments accountable for their obligation to uphold human
rights.
 17

Conclusion:

We are born with these rights that are present until our death. All the humans surviving on this
planet are entitled to these rights. The reason why these rights are formed is to protect anyone who
wants to harm or to violate someone. These human rights give people the freedom to live and to
express themselves as to how they want to. Everyone deserves to be themselves and this is
supported by human rights. Understanding characteristics of human rights is important because
knowledge of it helps us to fight for our rights.

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9. Explain the importance and provisions of the universal declaration of human rights.
Explain the importance and contents of Universal declaration of Human rights.

The UDHR is among the most important documents of the 20th century. It has been translated into
337 different languages. It has become a touchstone for actions by governments, individuals, and
nongovernmental groups. It has been ratified by every country in the world. Practically no other
international instrument can claim this honour. In short, the UDHR has acquired a moral and political
significance matched by few documents.

It provides both a guide to present action and an evolving set of ideas for future implementation at
the national level. Increasingly, the UDHR’s principles have been embodied in what states do and it
serves as the foundation for the International Bill of Rights and several other crucial human rights
agreements. And, not least, the UDHR has proven a remarkably flexible foundation for a continued
broadening and deepening of the very concept of human rights.

The UDHR sets forth a number of objectives — some to be achieved immediately, others as rapidly
as feasible. The UDHR also provided the foundation for a series of other international agreements,
both global and regional. Finally, the UDHR inspired people around the world to claim their rights,
not simply accept the diktat of others.

The UDHR provides “a common standard of achievement for all peoples and all nations.” Every
“individual and every organ of society” shall promote “respect for these rights and freedoms … by
progressive measures ...” The goal was “to secure their universal and effective recognition and
observance.”

Underlying the entire declaration is a basic value, as stated in Article 1: “All human beings are born
free and equal in dignity and rights.” This assertion ran in the face of centuries of practice and
widespread beliefs. The UDHR could not, by itself, reverse or transform popular attitudes.
Nonetheless, it pointed in a crucial direction.

Perhaps most important, the clarity and directness of its language inspired millions. An increasing
number of translations and conscious efforts to spread the UDHR’s message popularized its
principles. Men and women everywhere recognized that they enjoyed rights that no government
should take away.

Drafters of the UDHR consciously drew upon several legal and philosophical traditions. Many of its
30 articles deal with civil and political rights, which protect individuals from government and from
state-condoned private abuses. Others discuss freedoms common to each individual, such as the
right to free expression. Still others set forth economic, social and cultural rights, such as access to
education and the right to work.

Several major treaties, ratified by more than 100 countries, trace their origins to the UDHR.
 18

When a country ratifies an international agreement, it assumes a legal obligation. Citizens of states
signing on to the UDHR and its progeny thus possess rights they may not have fully enjoyed earlier
because their government has acknowledged and pledged to respect those rights. Signatories to
many human rights treaties must prepare and submit regular reports on their citizens’ freedoms. All
these reports go to U.N. specialists who study them carefully and recommend where changes are
needed.

For six decades, the UDHR has proven its durability. Yet debates remain.

Cultural distinctiveness continues to arouse discussion about universality — the “u” in UDHR.
Although the declaration’s principles have been reaffirmed time after time, some assert that
cultures or regions differ so much that no real global standards can exist.

A second area of controversy swirls around the rights of persons belonging to ethnic groups and
national minorities. As individuals, they cannot be discriminated against because of their
backgrounds. However, long-term economic or political disadvantages, deeply engrained social
attitudes, and the like against the groups to which they belong raise profound questions.

The UDHR consists of 30 articles detailing an individual’s “basic rights and fundamental freedoms”. It
is universally applicable for all human beings of varying race, religions and nationality.

It directly inspired the development of international human rights law, and was the first step in the
formulation of the International Bill of Human Rights, which was completed in 1966 and came into
force in 1976.

Even though the Universal Human Rights Declaration is not legally binding, its contents has been
elaborated and incorporated into subsequent international treaties, regional human rights and
instruments and in the legal codes of various countries

At least one of the 9 binding treaties of the UDHR has been ratified by all 193 member states of the
United Nations, with the majority ratifying four or more.

The underlying structure of the Universal Declaration was influenced by the Code Napoléon,
including a preamble and introductory general principles. Its final structure took form in the second
draft prepared by French jurist René Cassin, who worked on the initial draft prepared by Canadian
legal scholar John Peters Humphrey.

The Declaration content: (Provisions of Universal Declaration of Human Rights)

1. Equality of rights without discrimination (art. 1 & 2);

2. Life (art. 3 & 6);
3. Liberty and security of person (art. 3 & 9);
4. Protection against slavery (art. 4);
5. Protection against torture and cruel and inhuman punishment (art. 5);
6. Recognition as a person before the law (art. 6);
7. Equal protection of the law (art. 7);
8. Access to legal remedies for rights violations (art. 8);
9. Protection against arbitrary arrest or detention (art. 9);
10. Hearing before an independent and impartial judiciary (art. 10);
11. Presumption of innocence (art. 11);
12. Protection against ex post facto laws (art. 11);
13. Protection of privacy, family, and home (art. 12);
 19

14. Freedom of movement and residence (art. 13);

15. Seek asylum from persecution (art. 14);
16. Nationality (art. 15);
17. Marry and found a family (art. 16);
18. Own property (art. 17);
19. Freedom of through, conscience, and religion (art. 18);
20. Freedom of opinion, expression, and the press (art. 19);
21. Freedom of assembly and association (art. 20);
22. Political participation (art. 21);
23. Social security (art. 22);
24. Work under favourable conditions (art. 23)
25. Free trade unions (art. 23);
26. Rest and leisure (art. 24);
27. Food, clothing and housing (art. 25);
28. Health care and social services (art. 25);
29. Special protections for children (art. 25);
30. Education (art. 26);
31. Participation in cultural life (art. 27);
32. A social and international order needed to realize rights (art. 28).

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10. Discuss the implementation procedure of the rights provided under the international covenant
on civil and political rights, 1966.

The ICCPR is a key international human rights treaty, providing a range of protections for civil and
political rights. The ICCPR, together with the Universal Declaration of Human Rights and the
International Covenant on Economic Social and Cultural Rights, are considered the International Bill
of Human Rights. The ICCPR obligates countries that have ratified the treaty to protect and preserve
basic human rights, such as: the right to life and human dignity; equality before the law; freedom of
speech, assembly, and association; religious freedom and privacy; freedom from torture, ill-
treatment, and arbitrary detention; gender equality; the right to a fair trial; right family life and
family unity; and minority rights.

Implementation procedure:

The implementation of the ICCPR is overseen by the United Nations Human Rights Committee, which
reviews reports of parties on how effectively fundamental rights are being implemented. The parties
to the ICCPR reports within a year after acceding to the Covenant, and then whenever the
committee requires.

The Human Rights Committee

The United Nations Human Rights Committee was created par the article 28 of the International
Covenant on the Civil and Political Rights, and was put in place in 1976, right after the adoption of
the Covenant. Composed of 18 independent experts, this committee is in charge of the surveillance
of the implementation of the dispositions of the covenant by the States.

The committee holds three sessions per year, either in Geneva or in New York, to control the States,
which are bound to present periodical reports (every four years) and their efforts in the
 20

implementation of the covenant. Besides, as soon as a State enters the Covenant, it has to give the
committee an initial report on its national situation.

The committee is competent to receive communications formulated by States on other States, on

violations of the dispositions set by the Covenant (article 41). The first facilitative protocol of the
Covenant make the committee competent to examine communications coming from privates,
related to a violation of the disposition by a State (article 14). The second facilitative protocol of the
Covenant provides the abolition of the death penalty for the States which signed the Covenant.
Finally, the committee can also formulate general observation which will enable the clarity of
dispositions and to advise the States on the implementation of the Covenant.

The Economical, Social and Cultural Rights Committee

The Economical, Social and Cultural Rights Committee has not been created by the International
Covenant on the Economical, Social and Cultural Rights, but by the Economical and Social Council of
the United Nations, in its resolution 1985/17 on May 28th 1985. According to the forth part of the
Covenant, it is the Council that has the ability to control its implementation. But the council, already
in charge of many activities, decided in 1985 to create the Committee as a checkpoint of the
implementation of the Covenant. The committee is composed of 18 independent experts and is
holding two sessions per year in Geneva. As the Human Rights Council, the States are bound to give
their periodical reports (every 5 years) and an initial report every two years following their
membership to the Covenant. This report can also formulate their general observations.

ICCPR Implementation on federal government and its officials.

The ICCPR applies to all government entities and agents, including all state and local governments in
the United States. The ICCPR thus applies to government actions in all states and counties, and also
applies to private contractors who carry out government functions. When the U.S. Senate ratified
the ICCPR, it included an Understanding that recognized our federal system of government, and
specifically stated that the treaty "shall be implemented by the Federal Government to the extent
that it exercises legislative and judicial jurisdiction over the matters covered" by the treaty, "and
otherwise by the state and local governments" with support from the federal government for the
fulfillment of the Covenant.

Implementation in United States

The United States Senate ratified the ICCPR in 1992, with five reservations, five understandings, and
four declarations. Some have noted that with so many reservations, its implementation has little
domestic effect. Included in the Senate's ratification was the declaration that "the provisions of
Article 1 through 27 of the Covenant are not self-executing", and in a Senate Executive Report stated
that the declaration was meant to "clarify that the Covenant will not create a private cause of action
in U.S. Courts."

Implementing of ICCPR in India

India is a party to the International Covenant on Civil and Political Rights. The Constitution of India
guarantees the Right to Protest, publicly question and force the government to answer as per Article
19.

Article 19 (1) (a) states that all citizens shall have the right to freedom of speech and expression.
Article 19 (1) (b) states that all citizens shall have the right to assemble peaceably and without arms.
 21

However, the State can impose reasonable restrictions on the exercise of right of assembly on two
grounds, namely, sovereignty and integrity of India and public order including the maintenance of
traffic in the area concerned.

Implementation in Australia

The Covenant is not directly enforceable in Australia, but its provisions support a number of
domestic laws, which confer enforceable rights on individuals. For example, Article 17 of the
convention has been implemented by the Australian Privacy Act 1988. Likewise, the Covenant's
equality and anti-discrimination provisions support the federal Disability Discrimination Act 1992.
Finally, the Covenant is one of the major sources of 'human rights' listed in the Human Rights
(Parliamentary Scrutiny) Act 2011. This law requires most new legislation and administrative
instruments (such as delegated/subordinate legislation) to be tabled in parliament with a statement
outlining the proposed law's compatibility with the listed human rights A Joint Committee on Human
Rights scrutinises all new legislation and statements of compatibility. The findings of the Joint
Committee are not legally binding.

Legislation also establishes the Australian Human Rights Commission which allows the Australian
Human Rights Commission (AHRC) to examine enacted legislation (to suggest remedial enactments),
its administration (to suggest avoidance of practices) and general compliance with the covenant
which is scheduled to the AHRC legislation.

Implementation in Ireland

Ireland's use of Special Criminal Courts where juries are replaced by judges and other special
procedures apply has been found to not violate the treaty: "In the Committee's view, trial before
courts other than the ordinary courts is not necessarily, per se, a violation of the entitlement to a fair
hearing and the facts of the present case do not show that there has been such a violation."

Implementation in New Zealand

New Zealand took measures to give effect to many of the rights contained within it by passing the
New Zealand Bill of Rights Act in 1990, and formally incorporated the status of protected person into
law through the passing of the Immigration Act 2009.

Implementation in Sri Lanka

Sri Lankan author Shakthika Sathkumara was arrested on 1 April 2019 for inciting religious violence,
following a publication of a short story about homosexuality and child abuse at a Buddhist temple in
Sri Lanka. The author had been adjudged the best Sinhala language short story writer in Sri Lanka's
National Youth Literary Festivals of 2010 and 2014, and was twice the recipient of the north western
provincial state literary award. A group of Buddhist monks had stormed the author's workplace
demanding punitive action against him after the story first appeared on Facebook; the ICCPR
prohibits "advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence". Human rights organizations Civicus and the Asian Human Rights
Commission (AHRC) have asserted that the charges are spurious and a clear violation of the author's
right to freedom of expression.

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 22

11. Discuss the civil and political rights under international covenant on civil and political rights.
ICCPR

This Covenant was adopted by the United Nations General Assembly on 16 December 1966 and
entered into force on 23 March 1976. By May of 2012, the Covenant had been ratified by 167 states.
The Covenant elaborates further the civil and political rights and freedoms listed in the Universal
Declaration of Human Rights. Under Article 1 of the Covenant, the states commit themselves to
promote the right to self-determination and to respect that right. It also recognises the rights of
peoples to freely own, trade and dispose of their natural wealth and resources.

Among the rights of individuals guaranteed by the Covenant are: ICCPR

Article 2 - The right to legal recourse when their rights have been violated, even if the violator was
acting in an official capacity.

Article 3 - The right to equality between men and women in the enjoyment of their civil and political
rights.

Article 6 - The right to life and survival.

Article 7 - The freedom from inhuman or degrading treatment or punishment.

Article 8 - The freedom from slavery and servitude.

Article 9 - The right to liberty and security of the person and freedom from arbitrary arrest or
detention.

Article 11 - The freedom from prison due to debt.

Article 12 - The right to liberty of movement and freedom to choose residence

Article 14 - The right to equality before the law; the right to be presumed innocent until proven
guilty and to have a fair and public hearing by an impartial tribunal.

Article 16 - The right to be recognised as a person before the law.

Article 17 - The right to privacy and its protection by the law.

Article 18 - The freedom of thought, conscience and religion.

Article 19 - The freedom of opinion and expression.

Article 20 - Prohibition of propaganda advocating war or national, racial or religious hatred.

Article 21 - The right to peaceful assembly.

Article 22 - The right to freedom of association.

Article 23 - The right to marry and found a family

Article 24 - The rights for children (status as minors, nationality, registration and name).

Article 25 - The right to participate in the conduct of public affairs, to vote and to be elected and
access to public service.

Article 26 - The right to equality before the law and equal protection
 23

Article 27 - The right, for members of religious, ethnic or linguistic minorities, to enjoy their culture,
practice their religion and use their language.

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12. Explain international bill of human rights. 16

The International Bill of Human Rights is an informal name given to one General Assembly resolution
(UDHR) and two international treaties/covenants and one established by the United Nations. It
consists of:

International Bill of Human Rights is made up of:

1. Universal Declaration of Human Rights (1948) Refer other answers

2. International Covenant on Civil and Political Rights (1966)
3. International Covenant on Economic, Social and Cultural Rights (1966)

The two covenants entered into force in 1976, after a sufficient number of countries had ratified
them. The Bill influences the decisions and actions of Government, State and Non-State actors to
make economic, social and cultural rights a top-priority in the formation and implementation of
national, regional and international policy and law.

Universal Declaration of Human Rights (UDHR)

Refer Above

International Covenant on Civil and Political Rights 1966 (ICCPR)

Civil and political rights include the right to freedom of conscience and religion, the right to be free
from torture, and the right to a fair trial. Most of these rights are not absolute. Instead they are
subject to reasonable limitations which are created for a legitimate purpose. For example, it may be
legitimate to limit a right in order to protect national security, public order or the general welfare of
a democratic society. Some rights, such as the right not to be held in slavery and the right to be free
from torture are absolute. Article 4 of the ICCPR identifies absolute rights which cannot be infringed
in any circumstances.

The ICCPR has two Optional Protocols. An optional protocol supplements the original convention
with additional obligations.

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

Economic, social and cultural rights include the right to an adequate standard of living, the right to
education, the right to fair wages and the right to safe working conditions. Article 2(1) of the ICESCR
requires States to take steps, including legislative measures, to achieve the ‘progressive realisation’
of ICESCR rights. This requires that States only demonstrate in good faith the fulfilment of the rights
over time within their capacities. For example, it is assumed that where States have inadequate
resources to ensure free education is provided, they will work towards achieving this goal.

The United Nations Committee on Economic Social and Cultural Rights (the CESCR) monitors
compliance with the ICESCR. An increasing number of countries, across all continents and legal
systems, have incorporated judicial review of economic, social and cultural rights. These include
South Africa, Finland, Argentina, Mauritius, Canada, Latvia, France, India, Bangladesh, Nigeria, and
most countries in Central and Eastern Europe.
 24

The ICESCR is the foundational treaty on economic, social, and cultural rights.

Among the rights it recognizes are:

Self-determination (art. 1);

1. Equality of rights without discrimination (art. 2 and 3);

2. Rest and leisure (art. 7);
3. Work under favourable conditions (arts. 6 and 7);
4. Form and join trade unions (art. 8);
5. Social security (art. 9);
6. Protection of the family, mothers, and children (art. 10);
7. An adequate standard of living, including adequate food, clothing and housing (art. 11);
8. The highest attainable level of health and health care (art. 12);
9. Education (art. 13);
[Link] and compulsory primary education (art. 14);
[Link] part in cultural life; benefit from scientific progress: and benefit from the protection of
scientific, literary or artistic production of which one is the author (art. 15).

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13. Discuss economic, social and cultural rights under international covenant on economic, social
and cultural rights. ICESCR

The International Covenant on Economic, Social and Cultural Rights (1966), together with the
Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political
Rights (1966), make up the International Bill of Human Rights. In accordance with the Universal
Declaration, the Covenants recognize that “... the ideal of free human beings enjoying civil and
political freedom and freedom from fear and want can be achieved only if conditions are created
whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural
rights.” The Covenant entered into force in 1976 and by May 2012 it had been ratified by 160
countries.

Article 1 - All peoples have the right of self-determination, including the right to determine their
political status and freely pursue their economic, social and cultural development.

Article 2 - Each State Party undertakes to take steps to the maximum of its available resources to
achieve progressively the full realization of the rights in this treaty. Everyone is entitled to the same
rights without discrimination of any kind.

Article 3 - The States undertake to ensure the equal right of men and women to the enjoyment of all
rights in this treaty.

Article 4 - Limitations may be placed on these rights only if compatible with the nature of these
rights and solely for the purpose of promoting the general welfare in a democratic society.

Article 5 - No person, group or government has the right to destroy any of these rights.

Article 6 - Everyone has the right to work, including the right to gain one’s living at work that is freely
chosen and accepted.

Article 7 - Everyone has the right to just conditions of work; fair wages ensuring a decent living for
himself and his family; equal pay for equal work; safe and healthy working conditions; equal
opportunity for everyone to be promoted; rest and leisure.
 25

Article 8 - Everyone has the right to form and join trade unions, the right to strike.

Article 9 - Everyone has the right to social security, including social insurance.

Article 10 - Protection and assistance should be accorded to the family. Marriage must be entered
into with the free consent of both spouses. Special protection should be provided to mothers.
Special measures should be taken on behalf of children, without discrimination. Children and youth
should be protected from economic exploitation. Their employment in dangerous or harmful work
should be prohibited. There should be age limits below which child labour should be prohibited.

Article 11 - Everyone has the right to an adequate standard of living for himself and his family,
including adequate food, clothing and housing. Everyone has the right to be free from hunger.

Article 12 - Everyone has the right to the enjoyment of the highest attainable standard of physical
and mental health.

Article 13 - Everyone has the right to education. Primary education should be compulsory and free to
all.

Article 14 - Those States where compulsory, free primary education is not available to all should
work out a plan to provide such education.

Article 15 - Everyone has the right to take part in cultural life; enjoy the benefits of scientific
progress.

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14. Write a note on NGO's role in protecting human rights.

The term non-governmental or non-profit is normally used to cover the range of organisations which
go to make up civil society. Such organisations are characterised, in general, by having as the
purpose of their existence something other than financial profit. However, this leaves a huge
multitude of reasons for existence and a wide variety of enterprises and activities. NGOs range from
small pressure groups on, for example, specific environmental concerns or specific human rights
violations, through educational charities, women's refuges, cultural associations, religious
organisations, legal foundations, humanitarian assistance programmes – and the list could continue
– all the way to the huge international organisations with hundreds In this section, we look briefly at
the significant role that such organisations have had, and continue to have, in the protection of
human rights throughout the world. At nearly every level of the different attempts to preserve the
dignity of individual citizens when this is threatened by the power of the state, NGOs play a crucial
role in:

1. fighting individual violations of human rights either directly or by supporting particular ‘test
cases' through relevant courts
2. offering direct assistance to those whose rights have been violated
3. lobbying for changes to national, regional or international law
4. helping to develop the substance of those laws
5. Promoting knowledge of, and respect for, human rights among the population.

The contribution of NGOs is important not only in terms of the results that are achieved, and
therefore for the optimism that people may feel about the defence of human rights in the world, but
also because NGOs are, in a very direct sense, tools that are available to be used by individuals and
groups throughout the world. They are managed and co-ordinated – as many organisations are – by
 26

private individuals, but they also draw a large part of their strength from other members of the
community offering voluntary support to their cause. This fact gives them great significance for
those individuals who would like to contribute to the improvement of human rights in the world.

Amnesty International is one of the biggest human rights NGOs in the world. Founded in 1961, this
organisation has been pivotal in promoting the protection of human rights around the world. AI has
exposed human rights violations by governments, armed militias, political groups, etc. the AI strictly
adheres to the principles mentioned in the UDHR and ensures that they are followed. In 1977,
Amnesty International was awarded the Nobel Peace Prize. Recent projects taken by the
organization include ensuring human rights are not violated in Israel and Palestine-occupied areas,
pressing for an international investigation into last year’s Beirut explosion in Lebanon, providing
humanitarian aid to war-torn Syria, helping with COVID-19 relief work, ensuring LGBTQ equality, and
sexual reproductive rights around the world.

Milaan Foundation

Milaan Foundation is an NGO that basically works towards empowering small girls across the
country. This organisation ensures underprivileged girls get all the basic requirements and proper
training to stand up for themselves in the future. Till now, the organisation has worked and helped
around 40,000 children in the country.

Child in Need Institute

Child in need institute is a non-profit organisation registered under the Societies Registration Act,
1860 in India. This organisation works towards the betterment of poor children in the country. The
main motive is to break the chain of social issues like poverty, illiteracy, unemployment amongst the
underprivileged in the country.

Acid Survivors Sahaas Foundation

The Acid Survivors Sahaas Foundation provides treatment to acid-attack victims. It also ensures
employment and other assistance. This NGO is based in Mumbai and provides aid to around 50 acid-
attacks victims across four states in the country.

Committee for Legal Aid to the Poor (CLAP)

The CLAP works towards providing legal assistance to the poor. It works towards protecting human
rights through the process of law.

Conclusion

The legal status of NGOs in international law is not yet clear. Still, NGOs across the world are doing a
great job in protecting the environment, building international relations by helping various UN
organisations, helping the economy prosper, and last but not the least, the protection of human
rights. Human rights violations tend to occur at an alarming rate and NGOs provide for an important
and effective defence mechanism against this.

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15. Discuss the human rights guaranteed and protected under the constitution of India.

Explain the impact of universal declaration of human rights (UDHR) on the Indian constitution.
 27

Human Rights are the basic rights which form the essential part of his/her development as human
being. Constitution acts as a protector of those basic rights as Fundamental Rights and DPSPs. More
emphasis has been given to the fundamental rights and they are directly enforceable in the court of
law. From a deep study of the Part III and Part IV of the Indian Constitution, it is easily evident that
almost all of the rights provided in UDHR (Universal Declaration on Human Rights) are covered in
these two parts.

Brief Description of Provision

ICCPR COI
International Covenant on Civil and Political Rights

Article 6(1) &

Right to life and liberty Article 21
9(1)

Prohibition of trafficking and forced labour Article 8(3) Article 23

Article 9(2), (3)

Protection against detention in certain cases Article 22
and (4)

Article
Freedom of movement Article 12(1)
19(1)(d)

Right to equality Article 14(1) Article 14

Right not to be compelled to be a witness against own self Article 14(3)(g) Article 20(3)

Protection against double jeopardy Article 14(7) Article 20(2)

Protection against ex-post facto law Article 15(1) Article 20(1)

Right to freedom of conscience and to practice, profess and Article 25(1) &
Article 18(1)
propagate any religion 25(2)(a)

Article 19(1) & Article

Freedom of speech and expression
(2) 19(1)(a)

Article
Right to assembly peacefully Article 21
19(1)(b)

Article
Right to form union/ association Article 22(1)
19(1)(c)

Equality in opportunity of public service Article 25(c) Article 16(1)

 28

Equality and equal protection before law and no

Article 14 &
discrimination on the basis of any ground such as race, Article 26
15(1)
colour, sex, language, religion etc.

Article 29(1) &

Protection of interests of minorities Article 27
30

Universal Declaration on Indian

Name of rights
human rights UDHR constitution
Equality before law Article 7 Article 14
Prohibition of discrimination Article 7 Article 15(1)
Freedom of speech Article 19 Article 19(1)(a)
Freedom of peaceful assembly Article 20(1) article 19 (1)(b)
Right to form unions Articles 23(4) Article 19(1)(c)
Freedom of movement Article 13(1) Article 19(1)(d)
Protection in respect of convicts Article 11(2) Article 20(1)
Protection of life and liberty Article 3 Article 21
Protection from slavery Article 4 Article 23
Freedom of conscience and religion Article 18 Article 25(1)
Remedy of enforcement Article 8 Article 32
Right to work Article 23(1) Article 41

It is true to state that, the provisions of UDHR are not binding on states or nations, but it provides
certain guidelines to the nations, and its provisions effects different constitutions of nations. World’s
longest written constitution that is Indian Constitution which was adopted on 26th of January 1950
has the great impacts or influence of provisions of UDHR. The goals of human rights can be read
from the preamble as a political social economic and cultural revolutions that the people of India
have committed themselves to.

The Fundamental rights, Directive principle of state policy, preamble of Indian Constitution have a
close similarity with the context of UDHR in the forms of Articles. The rights guaranteed and
provided in Indian Constitution are required to be in conformity with the covenants of UDHR and
thus the guidelines of UDHR mentors the human rights in corporate in Constitution of India.

Indian Constitution generally preserves the values set down in the UDHR provisions. Relying on
Constituents Debates, it is found that majority of Fundamental rights and directive principles of state
policy are discussed after 10th December 1948(the day when UDHR was adopted). This clearly
shows the impacts and influences of UDHR on the drafting of Indian Constitution. Indian Constitution
covers the aspects of human rights, so do UDHR does.
 29

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16. Explain the writs available under the constitution of India for the protection of human rights.

Both the Articles 32 and 226 provide five types of writs namely writ of habeas corpus, mandamus,
prohibition, certiorari and quo-warranto. These are known as prerogative writs in English Law
because they had originated in the King’s prerogative power of superintendence over the due
observance of law by his officers and tribunals. The prerogative writs are extra-ordinary remedies
intended to be applied in exceptional cases in which ordinary legal remedies are not adequate.

1. Writ of Habeas Corpus

2. Mandamus
3. Prohibition
4. Certiorari
5. Writ of Quo Warranto

A) Writ of Habeas Corpus:-

The expression “Habeas Corpus” is a Latin term which means ‘to have the body’. If a person is
detained unlawfully, his relatives or friends or any person can move the Court by filing an application
under Article 226 in High Court or under Article 32 in Supreme Court for the writ of Habeas Corpus.
The Court on being satisfied with the contents of the application, issues the writ. This writ is in the
nature of an order calling upon the person who has detained another to produce the latter before
the Court, in order to let the Court know on what ground he has been confined and to set him free if
there is no legal justification for the confinement. The Court may also award exemplary damages. In
Bhim Singh Vs State of Jammu& Kashmir, AIR 1986 SC 494, the Hon’ble Apex Court awarded the
exemplary damages of Rs.50, 000/-(At that time this was a very significant amount).

An application for habeas corpus can be made by any person on the behalf of the prisoner/detenu as
well as the prisoner/detenu himself. Even a letter to the judge mentioning illegalities committed on
prisoners in jail can be admitted. In Sunil Batra Vs Delhi Administration, AIR 1980 SC 1579, a convict
had written a letter to one of the Judges of the Supreme Court alleging inhuman torture to a fellow
convict. The late justice Krishna Iyer treated this letter as a petition of habeas corpus and passed
appropriate orders. Courts can also act suo motu in the interests of justice on any information
received by it from any quarter/source. The general principle is that a person illegally detained in
confinement without legal proceedings is entitled to seek the remedy of habeas corpus.

However, the writ of habeas corpus is not issued in the following cases:

1. Where the person against whom the writ is issued or the person who is detained is not
within the jurisdiction of the Court.
2. To secure the release of a person who has been imprisoned by a Court of law on a criminal
charge.
3. To interfere with a proceeding for contempt by a Court of record or by Parliament.

Thus writ of habeas corpus is a bulwark of personal liberty. I has been described as “a great
constitutional privilege” or “first security of civil liberty”. The most characteristic element of the writ
is its peremptoriness i.e. a speedy and effective remedy for having the legality of detention of the
person enquired and determined by the Court.

B) Mandamus:-
 30

The expression ‘Mandamus’ is a Latin term which means “We Command”. Mandamus is a Judicial
order issued in the form of a command to any Constitutional, Statutory or Non-Statutory authority
asking to carry out a public duty imposed by law or to refrain from doing a particular act, which the
authority is not entitled to do under the law. It is an important writ to check arbitrariness of an
administrative action. It is also called ‘Writ of Justice’

Mandamus demands some kind of activity on the part of the body or person to whom it is
addressed. Thus, when a body omits to decide a matter which it is bound to decide, it can be
commanded to decide the same. Where the Government denies to itself a jurisdiction which it has
under the law or where an authority vested with the power improperly refuses to exercise it,
mandamus can be issued. Thus, mandamus will not be issued unless the applicant has a legal right to
the performance of legal duty of a public nature and the party against whom the writ is sought is
bound to perform that duty.

The rule of Locus Standi is strictly followed in while issuing writ of mandamus. The petitioner has to
prove that he has a right to enforce public duty in his favour. The petitioner can approach the High
Court or Supreme Court for issuing the writ of mandamus on the following grounds:-

(i) Error of jurisdiction;

(a) Lack of jurisdiction

(b) Excess of jurisdiction

(ii) Jurisdictional facts;

(iii) Violation of the principles of natural justice i.e. principles of Rule against bias and Rule of Audi
alterem partem;

(iv) Error of law apparent on the face of record

(v) Abuse of jurisdiction

It is a discretionary remedy and the High Court may refuse to grant mandamus where an alternative
remedy is available for the redressal of the injury complained of. In the matter of enforcement of
fundamental rights, however, the question of alternative remedy does not weigh so much with the
Court since it is the duty of the High Court or the Supreme Court to enforce the fundamental rights.
In India, mandamus will lie not only against officers who are bound to do a public duty but also
against the Government itself as Article 226 and 361 provided that appropriate proceedings may be
brought against the Government concerned. This writ is also available against inferior Courts or
other Judicial bodies when they have refused to exercise their jurisdiction and thus to perform their
duty.

C) Prohibition:-

The expression ‘prohibition’ literally means ‘to prohibit’. The Writ of Prohibition is a Judicial order
issued by the Supreme Court or a High Court to an inferior Court or quasi-judicial body forbidding
the latter to continue proceedings therein in excess of its jurisdiction or to usurp a jurisdiction with
which it is not legally vested. Thus, object of the writ is to compel inferior courts to keep themselves
within the limits of their jurisdiction.

Earlier, this writ was used to issue only to judicial and quasi-judicial bodies. But such requirement is
no longer valid. With the expanding dimensions of natural justice and the requirement of fairness in
administrative functions, the rigidity about prohibition has been liberalized. This writ can now lie to
 31

anybody, irrespective of the nature of function exercised by it, if any of the grounds on which the
writ is issued is present.

The writ of prohibition can be issued on the following grounds:

i) Absence or Excess of jurisdiction;

ii) Violation of the principles of natural justice;
iii) Unconstitutionality of a Statute;
iv) Infraction of Fundamental Rights

D) Certiorari:-

The expression “certiorari” is a Latin word which means “ to certify”. This writ confers power on the
Supreme Court and High Courts to correct illegality of their decisions. ‘Certiorari’ is a judicial order
issued by the Supreme Court under Article 32 and/or by the High Court under Article 226 of the
Constitution to an inferior Court or quasi-judicial or any administrative body to transmit to the Court
of records of proceedings pending therein for scrutiny and decide the legality and validity of the
orders passed by them. If the decision is bad in law, it is quashed.

The conditions necessary for the issue of the writ of certiorari are:-

i) Anybody of persons;
ii) Having legal authority;
iii) To determine questions affecting the rights of subjects;
iv) Having the duty to act judicially;
v) Act in excess of legal authority

The grounds on which the writ of certiorari may be issued are:

(a) Error of Jurisdiction

(i) Lack of jurisdiction

(ii) Excess of jurisdiction

(b) Abuse of jurisdiction

(d) Error of law apparent on the face of the record

(e) Violation of principles of natural justice

E) Writ of Quo Warranto: - The Writ of ‘Quo Warranto’ questions the title as to the holder of an
office. The term ‘Quo Warranto’ means ‘what is your authority ‘It is a judicial order asking a person,
who occupies public office, to show by what authority s/he holds the office. If it is found that the
holder of the office has no valid title, then this writ is issued to him to oust from the office.

Thus writ of Quo Warranto is a mode of judicial control in the sense that the proceedings review the
actions of the administrative authority which appointed the person. The writ is issued to the person
ousting him from holding a public post to which he has no right. It is used to try the civil right to a
public post. Accordingly, the use of the writ is made in cases of usurpation of a public office and
removal of such usurper. Conversely, it protects citizen from being deprived of public office to which
he may have a right. A petition for the writ of Quo Warranto can be filed by any person though he is
not an aggrieved person.

The conditions necessary for the issue of a writ of Quo Warranto are:
 32

(i) The office must be public and it must be created by a statute or by the constitution itself.

(ii) The office must be a substantive one and not merely the function or employment of a servant at
the will and during the pleasure of another.

(iii) There has been a contravention of the Constitution or a statute or statutory instrument, in
appointing such person to that office.

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17. With the help of decided cases, explain the role of courts in protecting human rights in India.

Human Rights and Role of Indian Judiciary and Courts

The objective of the human rights Jurisprudence is to humanize state agencies and to make state
accountable to the use of power only for public good. In 1610 Coke, C.J. in Bonham’s case held that
the collective end of the constitution of government is the promotion of a good quality of life and it
is the role of the judiciary to ensure this end.

Human rights demand recognition and respect for the inherent dignity to ensure that everyone is
protected against abuses which undermine their dignity. Human rights belong to everyone,
everywhere, regardless of nationality, sexuality, gender, race, religion or age. The foundation of
modern human rights is the Universal Declaration of Human Rights (UDHR). The 30 articles of the
Declaration were adopted in 1948 by the United Nations General Assembly, and over time these
have been integrated into national laws and international treaties.

Human rights are the rights a person has simply because he or she is a human being. Kant said that
human beings have an intrinsic value absent in inanimate objects. To violate a human right would
therefore be a failure to recognize the worth of human life. Most societies have had traditions
similar to the "golden rule" of "Do unto others as you would have them do unto you." The Hindu
Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran (Koran), and the Analects of
Confucius are five of the oldest written sources which address questions of people’s duties, rights,
and responsibilities.

However the efficacy of the mechanisms in place today has been questioned in the light of blatant
human rights violations and disregard for basic human dignity in nearly all countries in one or more
forms. In many cases, those who are to blame cannot be brought to book because of political
considerations, power equations etc. When such violations are allowed to go unchecked, they often
increase in frequency and intensity usually because perpetrators feel that they enjoy immunity from
punishment.

It is constitutional mandate of judiciary to protect human rights of the citizens. Supreme Court and
High Courts are empowered to take action to enforce these rights. Machinery for redress is provided
under Articles 32 and 226 of the constitution. An aggrieved person can directly approach the
Supreme Court or High Court of the concerned state for the protection of his/her fundamental
rights, redress of grievances and enjoyment of fundamental rights. In such cases Court are
empowered to issue appropriate order, directions and writs in the nature of Habeas Corpus,
Mandamus, Prohibition, Quo-Warranto and Certiorari .

Supreme Court in Maneka Gandhi v. Union of India interpreted the right to life and to widen its
scope and deduced un-enumerated right such as “right to live with human dignity”. Supreme Court
propounded the theory of “emanation” to make the existence of the fundamental right meaningful
and active. Thereafter, in many cases court such as People's Union for Civil Liberties and another v.
 33

State of Maharashtra and others, Francis Coralie Mullin v. The Administrator, Union Territory of
Delhi held that right to life includes right to live with human dignity. Therefore, through the judicial
interpretations various rights have been recognized though they are not specifically provided in Part
III of the Constitution.

The rule of locus standi, i.e. right to move to the court, whereby only aggrieved person can approach
the court for redress of his grievances has been relaxed by the judiciary. Now court through public
interest litigation permits public spirited persons to file a writ petition for the enforcement of rights
of any other person or a class, if they are unable to invoke the jurisdiction of the Court due to
poverty or any social and economic disability. In S.P. Gupta v. Union of India and others, Supreme
Court held that any member of the public can approach the court for enforcing the Constitutional or
legal rights of those, who cannot go to the court because of poverty or any other disabilities. Person
can even write letter to the court for making complaints of violation of rights. Public interest
litigation is an opportunity to make basic human rights meaningful to the deprived and vulnerable
sections of the community.

There are various instances where judiciary intervened and the rights of children. In the case of
Labourers working on Salal project v. State of Jammu and Kashmir, Supreme Court held that child
below the age of 14 years cannot be employed and allowed to work in construction process. Court
has issued various directions related to child labour.

Mumbai High Court in Public at large v. State of Maharashtra rescued children from flesh trade and
passed order for checking sexual slavery of children and for their rehabilitation. Children are not only
prone to sexual abuse but they are also sometimes kept as bonded labourers as was in the case of
People's Union for Civil Liberties (PUCL) v. Union of India where the Supreme Court released child
labourers and also ordered for grant of compensation to them. Concern of the Supreme Court about
the protection of rights of children does not ended here it reiterated the importance of compulsory
primary education vis-a-vis eradication of child labour in the case of Bandhua Mukti Morcha v. Union
of India.

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18. Human rights council.

The Human Rights Council is an inter-governmental body within the United Nations system
responsible for strengthening the promotion and protection of human rights around the globe and
for addressing situations of human rights violations and make recommendations on them. It has the
ability to discuss all thematic human rights issues and situations that require its attention
throughout the year. It meets at the UN Office at Geneva, and holds no fewer than three regular
sessions a year, for a total of at least ten weeks. They take place in March (four weeks), June (three
weeks) and September (three weeks).

The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to
promote and protect human rights around the world. The Council has 47 members elected for
staggered three-year terms on a regional group basis. The headquarters of the Council are at the
United Nations Office at Geneva in Switzerland. The Council investigates allegations of breaches of
human rights in United Nations member states and addresses thematic human rights issues like
freedom of association and assembly, freedom of expression, freedom of belief and religion,
women's rights, LGBT rights, and the rights of racial and ethnic minorities.
 34

The Council was established by the United Nations General Assembly on 15 March 2006[c] to replace
the United Nations Commission on Human Rights (UNCHR, herein CHR). The Council works closely
with the Office of the High Commissioner for Human Rights (OHCHR) and engages the United
Nations special procedures. The Council has been strongly criticized for including member countries
that engage in human rights abuses.

The Human Rights Council is an intergovernmental body of the United Nations, through which States
discuss human rights conditions in the UN Member States. The Council’s mandate is to promote
“universal respect for the protection of all human rights and fundamental freedoms for all” and
“address situations of violations of human rights, including gross and systematic violations, and
make recommendations thereon.” The Human Rights Council was established in 2006 by Resolution
60/251 as a subsidiary body to the UN General Assembly. It replaced the former Commission on
Human Rights, which operated from 1946 to 2006.

Composition

The Council is composed of 47 Member States elected from the UN General Assembly to staggered
three-year terms, with a specified number of seats going to each major geographic region. General
Assembly Resolution 60/251 provides that Members States should be elected considering “the
contribution of candidates to the promotion and protection of human rights” and “members elected
to the Council shall uphold the highest standards in the promotion and protection of human rights.”
In practice, these standards are open to interpretation and the human rights records of States
seeking election to the Council have been the subject of significant controversy.

Functions

The Council serves as a forum for dialogue among States, with input from other stakeholders. As a
result of its discussions, the Council may issue resolutions calling on States to take specific actions or
uphold certain principles, or it may create mechanisms to investigate or monitor questions of
concern. The Human Rights Council has created or renewed the mandates of various “special
procedures.” The special procedures are experts appointed to monitor human rights around priority
themes or in specific countries with serious human rights problems. The special procedures may be
individual experts (“special rapporteurs” or “independent experts”) or working groups.

The Council also manages the Universal Periodic Review, a process through which each UN Member
State’s overall human rights record is reviewed.

In addition, the Council receives complaints alleging patterns of human rights violations, which are
considered by the Working Group on Communications and may be referred to the Working Group
on Situations. The Working Group on Situations reports substantiated claims of consistent patterns
of gross violations to the Council and makes recommendations for action.

Sessions

The Council conducts its substantive work primarily in Regular Sessions and Special Sessions. Regular
Sessions are held no fewer than three times a year, usually in March, June, and September. The
agenda and program of work for each Session are established with respect to any adopted Council
resolutions and in consultation with Member States. Regular Sessions include the presentation of
human rights reports and interactive dialogues with Special Procedure mandate holders or Member
States, panel discussions and debates on a wide range of human rights issues, and consideration of
Universal Periodic Review reports.
 35

Council Special Sessions address urgent human rights situations arising between Regular Sessions
and may be called at the request of any Council Member State with the support of at least one third
of the Council membership. Having a more narrow remit than Regular Sessions, Special Sessions
usually occupy a few days, with programs of work focused on the discussion of the urgent human
rights situation raised and deliberations around the concluding resolution to be adopted by the
Council.

Civil society participation

General Assembly Resolution 60/251 explicitly acknowledges that “non-governmental organizations

play an important role at the national, regional and international levels, in the promotion and
protection of human rights” and further determines that the Council should work “in close
cooperation in the field of human rights with Governments, regional organizations, national human
rights institutions and civil society.”

Learn more about access and advocacy opportunities with the UN Human Rights Council by reading
IJRC’s 10 Essential Steps for First Time Advocacy at the Human Rights Council and Primer for
Advocacy Opportunities with the Human Rights Council (2011). The technical guidelines to follow for
submitting written reports or statements to the Council can be found in Working with the United
Nations Human Rights Programme: A Handbook for Civil Society and the Human Rights Council:
Practical Guide for NGOs. Complaints may be submitted by individuals, groups, or non-governmental
organizations.

Structure

The members of the General Assembly elect the members who occupy 47 seats of the Human Rights
Council. The term of each seat is three years, and no member may occupy a seat for more than two
consecutive terms. The seats are distributed among the United Nations regional groups as follows:
13 for Africa, 13 for Asia, six for Eastern Europe, eight for Latin America and the Caribbean
(GRULAC), and seven for the Western European and Others Group (WEOG). The previous CHR had a
membership of 53 elected by the Economic and Social Council (ECOSOC) through a majority of those
present and voting.

Members

See also: List of members of the United Nations Commission on Human Rights

The Council consists of 47 members, elected yearly by the General Assembly for staggered three-
year terms. Members are selected via the basis of equitable geographic rotation using the United
Nations regional grouping system. Members are eligible for re-election for one additional term, after
which they must relinquish their seat.

The seats are distributed along the following lines: 13 for the African Group, 13 for the Asia-Pacific
Group, 6 for the Eastern European Group, 8 for the Latin American and Caribbean Group, 7 for the
Western European and Others Group

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19. Role of public interest litigation in securing human rights.

The chief instrument through which judicial activism has flourished in India is Public Interest
Litigation (PIL) or Social Action Litigation (SAL). Public interest litigation (PIL) refers to litigation
undertaken to secure public interest and demonstrates the availability of justice to socially-
 36

disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the

traditional rule of locus standi. Before 1980s the judiciary and the Supreme Court of India
entertained litigation only from parties affected directly or indirectly by the defendant. It heard and
decided cases only under its original and appellate jurisdictions. However, the Supreme Court began
permitting cases on the grounds of public interest litigation, which means that even people who are
not directly involved in the case may bring matters of public interest to the court. It is the court's
privilege to entertain the application for the PIL.

Prior to the 1980s, only the aggrieved party could approach the courts for justice. However, post
1980s and after the emergency era, the apex court decided to reach out to the people and hence it
devised an innovative way wherein a person or a civil society group could approach the Supreme
Court seeking legal remedies in cases where public interest is at stake. And thus Public Interest
Litigation was formed.

Through the mechanism of PIL, the courts seek to protect human rights in the following ways:

1) By creating a new regime of human rights by expanding the meaning of fundamental right to
equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity,
means and livelihood, education, housing, medical care, clean environment, right against torture,
sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as
human rights. These new reconceptualised rights provide legal resources to activate the courts for
their enforcement through PIL.

2) By democratization of access of justice. This is done by relaxing the traditional rule of locus standi.
Any public spirited citizen or social action group can approach the court on behalf of the oppressed
classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been
called epistolary jurisdiction.

3) By fashioning new kinds of reliefs under the court’s writ jurisdiction. For example, the court can
award interim compensation to the victims of governmental lawlessness. This stands in sharp
contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the
status quo pending final decision. The grant of compensation in PIL matters does not preclude the
aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relief
to the victims.

4) By judicial monitoring of state institutions such as jails, women’s protective homes, juvenile
homes, mental asylums, and the like. Through judicial invigilation, the court seeks gradual
improvement in their management and administration. This has been characterized as creeping
jurisdiction in which the court takes over the administration of these institutions for protecting
human rights.

5) By devising new techniques of fact-finding. In most of the cases the court has appointed its own
socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has
taken the help of National Human Rights Commission or Central Bureau of Investigation (CBI) or
experts to inquire into human rights violations. This may be called investigative litigation.

In Bandhu Mukti Morcha v. Union of India, SC ordered for the release of bonded laborers. In Murli S.
Dogra v. Union of India, court banned smoking in public places. In a landmark judgement of Delhi
Domestic Working Women’s Forum v. Union of India ((1995) 1 SCC 14), Supreme Court issued
guidelines for rehabilitation and compensation for the rape on working women. In Vishaka v. State
 37

of Rajasthan Supreme court has laid down exhaustive guidelines for preventing sexual harassment of
working women in place of their work.

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20. Explain the important provisions of protection of human rights act of 1993 (important)

Important provisions of the Protection of Human Rights Act, 1993

1. Definition of “Human Rights” [Chapter I, Sec. 2 of the Act]

2. NHRC: Constitution, Functions, Power, and Procedure [Chapters II, III, & IV, Sec. 3-20]
3. SHRC: Constitution, Functions, Power and Procedure [Chapter V, Sec. 21-29]
4. Human Rights Courts [Chapter VI, Sec. 30 & 31]

Part I of the Act: Definition of Human Rights

Section 2(d) of the Act defines human rights as individual rights to life, liberty, equality, and dignity
guaranteed by the Constitution or recognized in international covenants and enforceable by Indian
courts. The abovementioned definition, however, limits the scope of the functions of the National
Human Rights Commission. As a result, India ratified only the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social, and Cultural Rights. However,
the covenants are not directly enforceable as law in Indian courts. Therefore, under the Protection
of Human Rights Act 1993, the definition of human rights is firmly limited to the fundamental rights
included in Part Ill of the Constitution, which are enforceable by Indian courts.

Part II of the Act: National Human Rights Commission (NHRC)

Chapters II, III, and IV of the Act deal with the constitution, composition, and functioning of
the NHRC.

Constitution of the NHRC

The constitution of the National Human Rights Commission (NHRC) is dealt with in Chapter II of the
Act. Section 3 (1) of the Act provides that the Central Government shall establish the National
Human Rights Commission.

Composition of the Commission

Section 3(2), (3) & (4) of the Act provides for the composition of the Commission. Details are as
follows.

Chairman of NHRC Retired Chief Justice of India

Member 1 One who is/has been a Judge of the Supreme Court of India

Member 2 One who is/has been a Chief Justice of a High Court

Three Members (out of

They are to be appointed from amongst persons having knowledge of,
which at least one shall
or practical experience in, matters relating to human rights.
be a woman)
 38

Deemed members are chairpersons of the following national

commissions: National Commission for Backward Classes National
Deemed Members (Ex- Commission for Minorities National Commission for Protection of Child
officio Members) Rights National Commission for the Scheduled Castes National
Commission for the Scheduled Tribes National Commission for Women
Chief Commissioner for Persons with Disabilities

Headquarters of NHRC [Section 3 (5)]

Section 3(5) of the Act provides that Delhi shall be the headquarters of the Commission. However,
the Commission may, with the prior approval of the Central Government, establish offices in other
places in India.

Appointment of NHRC Members [Section 4]

Section 4 deals with the appointment of the Chairperson and other members. As per this section, a
selection committee will recommend the candidates to the President.

The Selection Committee includes:

1. Prime Minister (Chairman)

2. Speaker of the Lok Sabha
3. Union Home Minister
4. Deputy Chairman of the Rajya Sabha
5. Leaders of the Opposition in both Houses of Parliament

This section further provides that a sitting Supreme Court Judge or Chief Justice cannot be appointed
without consultation with the Chief Justice of India.

Tenure of office of the members [Section 6]

Section 6 of the Act provides that the Chairperson or any other member shall hold office for a term
of 3 years or until they attain the age of 70 years, whichever is earlier and shall be eligible for re-
appointment.

Removal of the Chairperson or any other member [Section 5]

Section 5 of the Protection of Human Rights Act, 1993, lays down the procedures and grounds for
the removal of any member of the Commission.

As per this section, the Chairperson or any other member of the Commission may be removed from
office only by the President on proven misbehaviour or incapacity. In this case, however, the
President is required to refer the matter to the Supreme Court for investigation. And, if the Supreme
Court upholds the cause of removal and advises the President, the Chairperson or a member of the
NHRC can be removed.

Functions and powers of the Commission

As per Section 12 of the Act, the functions and powers of the National Human Rights Commission are
as follows:

NHRC can investigate any complaints related to violations of Human Rights or negligence in the
prevention of such violations by a public servant; either suo-moto or after receiving a petition.
 39

NHRC can interfere in any judicial process involving any allegation of human rights violation.

Section 13 of the Act provides that the NHRC while investigating complaints under this Act, has all of
the powers of a civil court trying a case under the Code of Civil Procedure.

According to Section 14, the Commission is authorized to employ any officer or intelligence agency
of the Central Government or any State Government to conduct an investigation related to the
inquiry.

Section 20 provides that the Commission is obliged to submit an annual report as well as special
reports to the Central Government and state governments.

It has the authority to visit any prison or institute under the control of the state governments to
observe the living conditions of inmates. It can also make recommendations to the authorities based
on its observations.

NHRC can examine the articles of the Constitution that protect human rights and make
recommendations for punitive measures.

Part III of the Act: State Human Rights Commissions (SHRC)

Chapter V, Sections 21–29, contains the provisions regarding the constitution, composition, and
functioning of the SHRC.

State Human Rights Commissions are statutory, non-constitutional bodies (at the state level)
involved in protecting human rights and examining violations that occur within their respective
states, just like what the National Human Rights Commission does at the national level.

West Bengal was the first state in India to constitute a State Human Rights Commission, It was
established on 31st January 1995. Now, As per the official information, 26 states have constituted
the State Human Rights Commission.

Constitution of SHRC

According to Section 21 of the Act, the State Government may establish a body known as the Human
Rights Commission of that state.

Composition of SHRC

Section 21 of the Act provides that the State Human Rights Commission shall consist of the
following:

Chairperson Former Chief Justice or a Judge of a High Court

A Judge of a High Court or District Judge in the State with at least seven years of
Two
experience as a District Judge.A person who has knowledge as well as practical
members
experience in human rights issues.

Appointment of members of SHRC

Section 22 provides that the Governor shall appoint the Chairperson and other members of the State
Commission on the recommendation of a committee consisting of the Chief Minister, the Speaker,
 40

and the Minister in charge, etc. A sitting High Court judge or a district judge could be appointed only
after consulting with the Chief Justice concerned.

Tenure of the office of members

Provisions regarding the term of office of the chairperson and other members of the state
commission are contained in Section 24, and it is the same as it was in the national commission. (3
years or 70 years of age, whichever is earlier, and they are also eligible for reappointment).

Part IV of the Act: Human Rights Courts

Chapter VI of the Act, comprising Sections 30 and 31, makes the provisions relating to the creation of
Human Rights Courts in each district.

Section 30 of the Act authorizes the State Governments, with the consent of the Chief Justice of the
High Court, to establish Human Rights Courts by Notification, specifying for each District a Court of
Sessions to be a Human Rights Court. In line with Section 31 of the Act, the State Government shall
appoint a public prosecutor or an advocate who has been in practice as an advocate for at least
seven years for the purpose of conducting matters in the Human Rights Courts. Such a person would
be known as a “Special Public Prosecutor.” It is, however, to be noted that it is not mandatory for
the States to create Human Rights Courts in each and every district, as Section 30 of the Act
expressly uses the expression “the State Government may set up the Courts.” However, in order to
provide a speedy trial of offenses arising out of violations of human rights, it is desirable that states,
particularly those where human rights violations take place in large numbers, should establish such
courts.

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21. Explain the salient features of the human rights (protection) act 1993. (Important)

The Protection of Human Rights Act, 1993, was passed by the Parliament of India on January 8, 1994.
It provides for the establishment of a National Human Rights Commission, State Human Rights
Commissions and Human Rights Courts to protect these rights and ensure speedy trials in the case of
violations. It extends to the whole of India.

‘Human rights’ are defined as those relating to the “life, liberty, equality and dignity” of an
individual, which are stipulated either by the Constitution of India or specified international
instruments, and are enforceable by courts in India.

In the Act, ‘International Covenants’ refers to the International Covenant on Civil and Political Rights
(ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and any other
United Nations Convention as the central government may notify. (The UN General Assembly
adopted the ICCPR and ICESCR on December 16, 1966.)

This 17-page Act is divided into eight chapters: Preliminary (Chapter I); The National Human Rights
Commission (Chapter II); Functions and Powers of the Commission (Chapter III); Procedure (Chapter
IV); State Human Rights Commissions (Chapter V); Human Rights Courts (Chapter VI); Finance,
Accounts and Audit (Chapter VII); and Miscellaneous (Chapter VIII).

1. All India
2. Protected by UN
3. Composition of supporting branches like National Human Rights Commission
4. Definition of the Terms
 41

5. Enforceable
6. Inalienable and immutable
7. Not absolute
8. General Provisions
9. Institutional Mechanism
10. Promoting public awareness
11. Recommendations to the governments
12. Comprehensive whole, include socio-economic, civil, political, cultural rights which are
deemed to be essential for the human beings to lead a life of dignity.
13. 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.
14. To protect these rights from abuses of power committed by state bodies.
15. To establish an organization for the advancement of existing living beings and the
development of their personalities.
16. To provide effective and necessary actions for securing remedies in the event of a violation of
rights.
17. 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.

People in India are now well aware of their constitutional rights, and this is because of the
enactment of the Protection of Human Rights Act, 1993, and the establishment of the National
Human Rights Commission (NHRC). The State Human Rights Commissions are also working along the
same lines as the National Human Rights Commission. However, it still demands that the Special
Courts/Human Rights Courts, as defined in Section 30 of the PHR Act, be continued in order to
provide a speedy trial for offenses resulting from violations of human rights. Apart from that, human
rights commissions in India need to be revamped if they are to truly protect human rights in the
country. If the decisions and recommendations of the commission were made enforceable by the
government as well, their efficacy and authority would be greatly enhanced. Misuse of laws by
authorities is widely recognized as the root cause of human rights violations. Therefore, the NHRC
should be provided more powers for the speedier disposal of cases.

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Discuss the European court on human rights along with the case laws.

The European Court of Human Rights is an international court based in Strasbourg, France. It
consists of a number of judges equal to the number of member States of the Council of Europe that
have ratied the Convention for the Protection of Human

Composition

The Court is composed of forty-five judges, one judge for each state party to the ECHR. Article 20
ECHR establishes that ‘The Court shall consist of a number of judges equal to that of the High
Contracting Parties.’

‘The judges shall be of high moral character and must either possess the qualifications required for
appointment to high judicial office or be Juris consults of recognised competence’ (Article 21(1)
ECHR).

The judges shall sit on the Court in their individual capacity (Article 21(2) ECHR).
 42

Ad hoc judges: Rule 29(1) Rules of Court. ‘1.(a) If the judge elected in respect of a Contracting Party
concerned is unable to sit in the Chamber, withdraws, or is exempted, the President of the Chamber
shall invite that Party to indicate whether it wishes to appoint to sit as judge either another elected
judge or an ad hoc judge and, if so, to state at the same time the name of the person appointed.’

Rights and Fundamental Freedoms – currently 461

The Court’s judges sit in their individual capacity and do not represent any

State. In dealing with applications, the Court is assisted by a Registry consisting mainly of lawyers
from all the member States (who are also known as legal secretaries). They are entirely independent
of their country of origin and do not represent either applicants or States.

The European Convention on Human Rights is an international treaty which only member States of
the Council of Europe may sign. The Convention, which established the Court and lays down how it is
to function, contains a list of the rights and guarantees which the States have undertaken to respect.

What does the European Court of Human Rights do?

The Court applies the European Convention on Human Rights. Its task is to ensure that States
respect the rights and guarantees set out in the Convention. It does this by examining complaints
(known as “applications”) lodged by individuals or, sometimes, by States. Where it concludes that a
member State has breached one or more of these rights and guarantees, the Court delivers a
judgment ending a violation. Judgments are binding: the countries concerned are under an
obligation to comply with them.

You may lodge an application with the Court if you consider that you have personally and directly
been the victim of a violation of the rights and guarantees set out in the Convention or its Protocols.
The alleged violation must have been committed by one of the States bound by the Convention.

What rights are protected by the Convention and its Protocols?

The following rights, in particular, are protected:

1. the right to life;

2. the right to a fair hearing in civil and criminal matters;
3. the right to respect for private and family life;
4. freedom of expression;
5. freedom of thought, conscience and religion;
6. the right to an effective remedy;
7. the right to the peaceful enjoyment of possessions; and
8. the right to vote and to stand for election.

What do the Convention and its Protocols prohibit?

1. torture and inhuman or degrading treatment or punishment;

2. arbitrary and unlawful detention;
3. discrimination in the enjoyment of the rights and freedoms set out in the Convention;
4. expulsion or denial of entry by a State in respect of its own nationals;
5. the death penalty; and
6. the collective expulsion of aliens

Who may file a complaint?

 43

Article 34 ECHR: ‘The Court may receive applications from any person, non-governmental
organisation or group of individuals claiming to be the victim of a violation by one of the High
Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High
Contracting Parties undertake not to hinder in any way the effective exercise of this right.’

Admissibility

Exhaustion of domestic remedies: Article 35 ECHR. ‘The Court may only deal with the matter after all
domestic remedies have been exhausted, according to the generally recognised rules of
international law.’

Time period: Article 35 ECHR. The Court may only deal with the matter if it is submitted to the Court
within a period of six months after exhaustion of domestic remedies.

Duplication of procedures: Article 35 ECHR. The Court shall not deal with any application that ‘is
substantially the same as a matter that has already been examined by the Court or has already been
submitted to another procedure of international investigation or settlement and contains no
relevant new information.’

Inadmissibility

Article 35 ECHR. The Court shall declare inadmissible any application submitted under Article 34 that
is ‘anonymous’ or ‘which it considers incompatible with the provisions of the Convention or the
protocols thereto, manifestly ill-founded, or an abuse of the right of application.’

Judgements

Since its creation in 1959, the Court has delivered more than 16,000 judgments. These rulings have
resulted in many changes to legislation and have helped to strengthen the rule of law in Europe. ,.
Through the Court’s case-law, the European Convention on Human Rights has become a dynamic
and powerful instrument in the response to new challenges and the ongoing promotion of human
rights and democracy in Europe.

The Convention provision which has been violated most is Article 6, as regards the right to a fair trial,
then the reasonable time requirement. The next most frequent violations are under Article 1 of
Protocol No. 1 (protection of property) and Article 5 of the Convention (right to liberty and security).

The Court has also given rulings on various social issues such as abortion, assisted suicide, body
searches, domestic slavery, adoption by homosexuals, wearing religious symbols at school, the
recognition of transsexuals, the protection of journalists’ sources and even environmental issues.

Opuz versus Turkey (9 June 2009) Right to life

The Court held that the brutality inflicted on the applicant and her mother were linked to their
gender and thus akin to a form of discrimination against women. The Court condemned the overall
unresponsiveness of the Turkish judicial system regarding domestic violence (which principally
affects women) and the impunity enjoyed by the aggressors.

The Court found a violation of Articles 2 (right to life), 3 (prohibition of torture and ill-treatment) and
14 (prohibition of discrimination). This is the first judgment concerning domestic violence.

Selmouni versus France (28 July 1999) Prohibition of torture

 44

Ahmed Selmouni complained of assaults on him while in police custody in 1991. The Court held that
the acts of physical and mental violence inflicted on the applicant had caused “severe” pain and
been of a most serious and cruel nature. It found violations of Articles 3 (prohibition of torture and
ill-treatment) and 6 para. 1 (right to be tried within a reasonable time). This is the first case against
France disclosing a violation of Article 3.

This judgment is also especially important in that it emphasises the need for breaches of the
fundamental values of democratic societies to be assessed ever more stringently with the rising level
of expectation for protection of human rights and fundamental freedoms.

Siliadin versus France (26 July 2005) Prohibition of slavery and forced labour

A Togolese young woman who had arrived in France in 1994 to study was coerced into working as a
maid in a private home in Paris. Her passport having been confiscated, she worked without
remuneration or leave for 15 hours a day over several years.

The Court considered that the criminal-law legislation in force at the time had not afforded the
applicant specific and effective protection against the actions of which she had been a victim.

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Discuss the constitution, powers and functions of national human rights commission.

In India, the Parliament has enacted the Protection of Human Rights Act, 1993 for the Constitution
of National Human Rights Commission, State Human Rights Commissions in States and Human Rights
Courts for protection of Human Rights and matters related to Human Rights Violation.

Constitution:

National Human Rights Commission which shall have eight members. The Commission shall consist
of:

(a) A Chairperson who has been a Chief Justice of the Supreme Court;

(b) One Member who is or has been, a Judge of the Supreme Court;

(c) One Member who is, or has been, the Chief Justice of a High Court;

(d) two Members to be appointed from amongst persons having knowledge of, or practical
experience in, matters relating to human rights and the Chairpersons of the National Commission for
Minorities, the Scheduled Castes and Scheduled Tribes and Women.

Appointment of Chairperson and Members:

The Chairperson and the Members of the Commission shall be appointed by the President of India
on the recommendation of six members and shall hold office for a Period of Five years from the date
on which they enter upon the office. They shall be eligible for reappointment for another term. A
person can serve at the Commission until the age of Seventy years.

Disqualification of Members

The President may remove from the Chairperson or any other member if:

(1) He is adjudged an Insolvent

 45

(2) He is engaged during his term of office in any paid employment outside the duties of his office;
or

(3) He become unfit to Continue his office by reason infirmity of mind or body; or

(4) He has been declared by a Competent Court a person of unsound mind.

(5) He has been convicted and sentenced to imprisonment for an offense which in the opinion of
the President involves moral turpitude.

Powers and Functions of National Human Rights Commission:

The Commission shall perform all or any of the following functions,

namely -

(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf or on a
direction or order of any court, into complaint of

(i) violation of human rights or abetment thereof; or

(ii) negligence in the prevention of such violation, by a public servant;

(b) intervene in any proceeding involving any allegation of violation of human rights pending before
a court with the approval of such court;

(c) visit, notwithstanding anything contained in any other law for the time being in force, any jail or
other institution under the control of the State Government, where persons are detained or lodged
for purposes of treatment, reformation or protection, for the study of the living conditions of the
inmates thereof and make recommendations thereon to the Government;

(d) review the safeguards provided by or under the Constitution or any law for the time being in
force for the protection of human rights and recommend measures for their effective
implementation;

(e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and
recommend appropriate remedial measures;

(f) study treaties and other international instruments on human rights and make recommendations
for their effective implementation;

(g) undertake and promote research in the field of human rights;

(h) spread human rights literacy among various sections of society and promote awareness of the
safeguards available for the protection of these rights through publications, the media, seminars,
and other available means;

(i) encourage the efforts of non-governmental organisations and institutions working in the field of
human rights;

(j) such other functions as it may consider necessary for the protection of human rights.

13. Powers relating to inquiries

(1) The Commission shall, while inquiring into complaints under this Act, have all the powers of a
civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the
following matters, namely :
 46

(a) summoning and enforcing the attendance of witnesses and examining them on oath;

(b) discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents;

(f) any other matter which may be prescribed

(2) The Commission shall have power to require any person, subject to any privilege which may be
claimed by that person under any law for the time being in force, to furnish information on such
points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject
matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such
information within the meaning of section 176 and section 177 of the Indian Penal Code.

(3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially
authorised in this behalf by the Commission may enter any building or place where the Commission
has reason to believe that any document relating to the subject matter of the inquiry may be found,

and may seize any such document or take extracts or copies therefrom subject to the provisions of
section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.

(4) The Commission shall be deemed to be a civil court and when any offence as is described in
section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is
committed in the view or presence of the Commission, the Commission may, after recording the
facts

constituting the offence and the statement of the accused as provided for in the Code of Criminal
Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the
Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the
accused as if the case has been forwarded to him under section 346 of the Code of Criminal
Procedure, 1973.

(5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and
the Commission shall be deemed to be a civil court for all the purposes of section 195 and

Chapter XXVI of the Code of Criminal Procedure, 1973.

(6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer
any complaint filed or pending before it to the State Commission of the State from which the
complaint arises, for disposal in accordance with the provisions of this Act; Provided that no such
complaint shall be transferred unless the same is one respecting which the State Commission has
jurisdiction to entertain the same.

(7) Every complaint transferred under sub-section (6) shall be dealt with and disposed of by the State
Commission as if it were a complaint initially filed before it.

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Convention relating to the stateless persons.

 47

Under International Law, a stateless person means an individual who is not recognized as a national
of any country. Article 1 of the 1954 Convention relating to the Status of Stateless Persons defines a
stateless person as “a person who is not considered as a national by any State under the operation
of its law.” Hence if there is no link or bond between an individual and a country then such an
individual will be termed as stateless.

A notable incident of statelessness is where Merhan Karimi Naserri, an Iranian refugee who was
denied citizenship in his country, spent 18 years of his life at the Charles de Gaulle Airport in France.
In 2004, his autobiography was published in the book “The Terminal”.

The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness are the key international conventions addressing statelessness. They are
complemented by international human rights treaties and provisions relevant to the right to a
nationality.

Between 2011 and 2015, there were 49 accessions to the two Conventions on Statelessness – an
increase that will lead to more action to protect stateless people, resolve their predicament and
prevent new cases.

The 1954 Convention

The 1954 Convention is designed to ensure that stateless people enjoy a minimum set of human
rights. It establishes the legal definition of a stateless person as someone who is “not recognized as a
national by any state under the operation of its law.” Simply put, this means that a stateless person
is someone who does not have the nationality of any country. The 1954 Convention also establishes
minimum standards of treatment for stateless people in respect to a number of rights. These
include, but are not limited to, the right to education, employment and housing. Importantly, the
1954 Convention also guarantees stateless people a right to identity, travel documents and
administrative assistance.

There were 83 States party to the 1954 Convention in November 2014 when teams at UNHCR
launched the Campaign to End Statelessness in 10 Years.

The 1961 Convention

The 1961 Convention aims to prevent statelessness and reduce it over time. It establishes an
international framework to ensure the right of every person to a nationality. It requires that states
establish safeguards in their nationality laws to prevent statelessness at birth and later in life.
Perhaps the most important provision of the convention establishes that children are to acquire the
nationality of the country in which they are born if they do not acquire any other nationality. It also
sets out important safeguards to prevent statelessness due to loss or renunciation of nationality and
state succession. The convention also sets out the very limited situations in which states can deprive
a person of his or her nationality, even if this would leave them stateless.

There were 61 states party to the 1961 Convention in November 2014 when teams at UNHCR
launched the Campaign to End Statelessness in 10 Years.

Causes of Statelessness

There are many causes leading to a person becoming stateless. Some common causes are discussed
as under:

1. Discrimination
 48

Many nations discriminate their citizens on the basis of ethnicity, race, colour, descent which is
against the standards of international law. Not only this, there is an inconsistency between
nationality law with respect to men and women.

2. Conflict and gap between laws

Nationality can be acquired in various ways – by birth, naturalization, descent, marriage,

registration, etc. all countries have their own nationality law by which citizenship could be acquired
or withdrawn.

3. State succession

Another significant determinant of statelessness is state succession. People moving from the country
where they were born to another when their origin country disintegrates, dissolved, ceases to exist
or their country comes under the control of another country leads to statelessness.

4. By Renunciation

When a person voluntarily relinquishes his/her nationality or citizenship or refuses the protection of
a state is said to renounce his citizenship. But this rarely happens.

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Write a note on rights of minorities.

A minority in the territory of a State means that an ethnic, religious or linguistic group makes up less
than half the population of a country. A minority group can simply be understood in terms of
demographic sizes within a population: i.e. a group in society with the least number of individuals is
therefore the 'minority'.

The Constitutional drafting committee had formulated various provisions and laws in 1948, under
the name of “Special Provisions Relating to Minorities” in part XIV and numbered in 292-301 article.
The provisions for special rights of minorities were modified substantially and finally, no special
rights except cultural and educational were concerned to minorities. The constitution which was
adopted by the Constituent Assembly of India in November 1949 and came into force on 26th
January, 1950 with no reservation of seats in the Legislative bodies and public services for religious
minorities as originally planned. The religious minorities from the purview of group-preference
requirements were excluded because the Constituent Assembly held that control to such
protections was reliable only for the development of backward and not to conserve the distinct
cultural personalities.

The objective resolution introduced by Pandit Jawaharlal Nehru in the Constituent Assembly on
December 13, 1946, was anonymously approved by the Constituent Assembly on January 22, 1947.
And it decided to adopt a safeguard mechanism for the countries, tribal areas, underprivileged
backward classes, and minority communities. The special Statutes Relating to Minorities "section of
part XIV, including articles 292-301, was created by the constitutional Drafting Committee in 1948
and contained several provisions and legislations.

Articles under constitution of India relating to the protection of minority rights and Additional
Safeguards:

Article 14:

People’s right to 'equality before the law' and 'equal protection of laws'.
 49

Article 15 (1) & (2):

Prohibition of discrimination against citizens on grounds of religion, race, caste, sex or place of birth.

Article 29:

It provides that any section of the citizens residing in any part of India having a distinct language,
script, or culture of its own, shall have the rights of minorities in India to conserve the same. Article
29 is applied to both minorities (religious minorities in India and Linguistic minorities in India ) and
also the majority. It also includes rights of minorities in India to agitate for the protection of
language. Hence political speech with this are ok.

Article 30:

All minorities shall have the rights of minorities in India to establish and administer educational
institutions of their choice. Article 30 recognizes only religious minorities in India (not the majority).
It includes the rights of minorities in India to impart education to their children in their own
language.

In St. Stephen’s college v. University of Delhi, the preference given to Christian students’ college was
challenged. Here, it is decided that in the selection procedure half of the seats will be reserved for
the minority community and the rest half will be on merit.

Article 46 is about Gandhian principles. It provides that the state may take necessary action to
promote educational and economic advancement of the weaker sections of the people and to
protect them from social injustice and exploitation.

Article 347 provides power to the President to officially recognize a language, which is being spoken
by the substantial population.

Articles 331, 333, 334, 336 and 337 have the special provisions of guaranteeing representation of
Anglo Indians in Union and State legislatures.

Article 350-B:

Originally, the constitution of India did not make any provision with respect to the Special Officer for
Linguistic minorities in India. However, the 7th Constitutional Amendment Act, 1956 inserted Article
350-B in the constitution.

Minority Commission

The "Minorities Commission" aimed to safeguard and protect the interests of the minorities, was set
up by the government of India in January. 1978 This commission become a statuary body and was
renamed as the "National Commission For Minorities" with the enactment of National Commission
for Minorities act, 1992 Under section 2(C) of this act, government of India issued a wide notification
and declare 5 communities as minor communities namely Muslims, Christians, Sikhs, Buddhists, and
Parsis.

The Sachar Committee

In 2005 Prime Minister formed a high-level Committee to assess the social, economic, and
educational status of Muslims in India. The committee also known as Sachar Committee. The
committee published its report in 2006 highlighted the poor socio-economic condition of Muslims in
comparison to general population.
 50

In Ravneet Kaur v. Christian Medical College, the court held that a private institution which is not
receiving aid from the State cannot discriminate against a person for admission on grounds of
religion.

In the State of Madras v. Champakam, the question of Article 29(2) was challenged for the first time.
The SC held that the classification to the Govt. the order was based on race, religion and caste which
were inconsistent to Article 29(2).

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Explain the rights of the child guaranteed under the convention on the rights of the child.

The United Nations Convention on the 'Rights of the Child' is an international statement of the civil,
political, economic, social and cultural rights of children. The UN General Assembly adopted the
Convention and opened it for signature on 20 November 1989 (the 30th anniversary of the
Declaration of the Rights of the Child).

Guiding principles: General requirements for all rights

Guiding principles1

Article 1 (definition of the child)

Everyone under 18 years of age has all the rights in this convention.

Article 2 (without discrimination)

The convention applies to everyone whatever their race, religion, abilities, whatever they think or
say, and whatever type of family they come from.

Article 3 (best interests of the child)

All organisations concerned with children should work towards what is best for every child.

Article 4 (protection of rights)

Governments must do all they can to fulfil the rights of every child.

Article 6 (survival and development)

Every child has the right to life. Governments must take necessary steps to ensure that children
survive and grow up well.

Article 12 (respect for the views of the child)

Children have the right to say what they think in all matters that may affect them and to have their
opinion taken into account.

Guiding principles2

Survival and development rights: The basic rights to life and achieving one’s full potential

Survival and development rights

Article 7 (registration, name, nationality, care)

Children have the right to a legally registered name and nationality. They also have the right to know
and, as far as possible, to be cared for, by their parents.
 51

Article 9 (separation from parents)

Children should not be separated from their respective parents unless it is for their own good, for
example, if a parent is abusing or neglecting a child). In the event of their parents getting separated,
they have the right to stay in contact with both parents, unless this might harm them.

Article 20 (children deprived of a family)

If the children cannot be looked after by their own family, governments should ensure that they are
looked after properly by people who respect their religion, culture and language.

Survival and development rights

Article 22 (refugee children)

If children have come into the country as refugees, then it is important that they have the same
rights as children born here. Also adequate steps are to be taken to make sure that these children
are reunited with their families, wherever possible.

Article 23 (with disability)

Every child with a disability has the right to live a decent life with dignity, independence and an
active role in the community. They are entitled to special care and support to lead such a life..

Article 24 (health and health services)

Children have the right to good quality health care, clean water, nutritious food and a clean
environment, so that you they stay healthy.

Survival and development rights

Article 25 (review of treatment in care)

Those children who are under the care of any local authority (hospital, custody etc), rather than by
their parents, have the right of review of their treatment and situation regularly.

Article 26 (social security)

Children have the right for help from the Government if they are poor or in need.

Article 27 (adequate standard of living)

Every child has the right to a standard of living that is good enough to meet their physical and
mental needs. The Government should help their families, if they cannot afford to provide this.

Article 28 (right to education)

Every child has the right to an education. Primary education must be free. Secondary education must
be available to every child.

Survival and development rights

Article 29 (goals of education)

Education should develop your personality and talents to the maximum extent. It should encourage
the child's respect for human rights as well as respect for their parents, their own and other cultures
and the environment.
 52

Survival and development rights

Article 30 (children of minorities)

Every child has the right to learn and use the language, customs and religion of their family, whether
or not these are shared by the majority of people in the country.

Article 31 (leisure, play and culture)

Children have the right to relax, play and join in a wide range of cultural and extra-curricular
activities.

Article 42 (awareness of rights)

The Government should make the convention known to all parents and children.

Protection rights: Keeping safe from harm

Article 19 (protection from violence)

Governments should ensure that the children are properly cared for and protected from violence,
abuse and neglect by their parents, or anyone else who looks after them.

Protection rights

Article 32 (child labour)

The Government should protect children from work that is dangerous, or that might harm your
health or education.

Article 36 (other forms of exploitation)

Children should be protected from any activities that could harm their development.

Article 35 (abduction)

The Government should make sure that children are not abducted or sold.

Protection rights2

Article 11 (kidnapping or trafficking)

The Government should take steps to protect children from being taken out of their country illegally.

Article 34 (exploitation)

The Government should protect children from sexual abuse.

Article 37 (detention)

No child shall be tortured or suffer cruel treatment or punishment, while being detained for an
offence. They can be arrested only as the last resort and that too for the shortest possible time and
they are entitled to be in contact with their families during the detention period.

Protection rights3

Article 40 (juvenile justice)

 53

Children who are accused of breaking the law, are entitled to receive legal help and a fair trial which
takes into consideration their age and situation.

Participation rights: Having an active voice

Article 15 (freedom of association)

Every child has the right to receive and to share information, to meet together and to join groups
and organisations as long as it does not restrict the rights of others.

Protection rights

Article 13 (freedom of expression)

Every child has freedom to say what they think and to seek and receive information of any kind as
long as it is within the law.

Article 16 (right to privacy)

Children have a right to privacy. The law should protect children from attacks against their way of
life, their families and homes.

Participation rights2

Article 17 (access to information from mass media)

Children have the right to reliable information from the mass media. Television, radio and
newspapers should provide information that they can understand, and should not promote
materials that could harm them.

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State the important provisions of Indian constitution regarding implementation of human rights of
children.

Human rights of children – 6

Indian Constitution and Children Rights

The Constitution of India is the basic law of the country that includes the fundamental rights and
directive principles for every citizen. The fundamental rights in the Constitution of India impose on
the state a primary responsibility of ensuring that all the needs of children are met and that their
basic human rights are fully protected.

Fundamental rights if violated can be brought before the courts. Directive Principles lay down the
guidelines the Government have to follow. If they are violated they cannot be taken before the
courts but because of judicial interpretation, many of the directive principles have now become
enforceable through legal actions brought before courts.

India recognizes and acknowledges children as equals to their adult counterparts and deems them
worthy of the nation's protection and shelter. Children too are given the basic/fundamental rights of
citizenship along with the adults through the Fundamental Rights and Directive Principles of State
Policy. These rights encompass the following:

Right to equality (Article 14).

Right against discrimination (Article 15).

 54

Right to personal liberty and due process of law (Article 21).

Right to being protected from being trafficked and forced into bonded labour (Article 23).

Right of weaker sections of the people to be protected from social injustice and all forms of
exploitation (Article 46).

The Constitution of India also goes on to award certain rights to the children of India in accordance
with the United Nations Conventions on the Rights of the Child. The National Commission for
Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of
Child Rights Act, 2005, an Act of Parliament (December 2005). These rights are:

Right to free and compulsory elementary education for all children in the 6-14 year age group
(Article 21 A).

Right to be protected from any hazardous employment till the age of 14 years (Article 24).

Right to be protected from being abused and forced by economic necessity to enter occupations
unsuited to their age or strength (Article 39(e)).

Right to equal opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and guaranteed protection of childhood and youth against exploitation and
against moral and material abandonment (Article 39 (f)).

Every child deserves the shield of security of its nation but there are specific classes that are
vulnerable to the exploitation and violence more than the others. These are the victims of gender
discrimination, child marriage, child labour, etc. The Indian Constitution has a number of provisions
in order to protect a child from possible and further exploitation or discrimination. These include:

Article 24 Prohibition of employment of children in factories, etc. No child below the age of fourteen
years shall be employed to work in any factory or mine or engaged in any other hazardous
employment.

Article 39 Certain principles of policy to be followed by the State. The State shall, in particular, direct
its policy towards securing

that the citizen, men and women equally, have the right to an adequate means of livelihood that the
ownership and control of the material resources of the community are so distributed as best to
subserve the common good that the operation of the economic system does not result in the
concentration of wealth and means of production to the common detriment that there is equal pay
for equal work for both men and women

that the health and strength of workers, men and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter avocations unsuited to their
age or strength that children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.

Article 45 Provision for free and compulsory education for children. The State shall endeavor to
provide, within a period of ten years from the commencement of this Constitution, for free and
compulsory education for all children until they complete the age of fourteen years.

The Fundamental Rights in the Constitution that directly relate to children are
 55

1. Article 15(3) requires the state to make special provisions for children.

2. Article 21-A provides free and compulsory education to all children of the age 6 – 14 years. In such
a manner as the state may by law determine. This Article 21A of the Constitution of India envisages
that children of age group 6 to 14 years have a fundamental right to education.

3. Article 23 prohibits trafficking of human beings including children.

4. Article 24 mandates that no child below 14 years can work in any hazardous occupation or
industry.

The Directive Principles of State Policy that directly relate to children are

1. Article 39(a) & (f) direct that the state policies are directed towards securing the tender age of
children.

2. Article 45 states that the state shall endeavour to provide early childhood care and education for
all children until they complete the age of six years.

3. Article 51-A says that it shall be the fundamental duty of the parent and guardian to provide
opportunities for education to his child or as the case may be, ward between the age of six and
fourteen.

86th constitutional Amendment – Right to Education, is a fundamental right. It was after a long
struggle that the 86th constitutional amendment to make the right to education as a fundamental
right in 2001 was made. The State laws have not yet been drafted. The Government of India has
prepared a draft bill on the Right to Education Bill, 2005, seeks to give effect to the 86th
constitutional Amendment.

The Preamble of the draft bill states that it is put into effect the Right to Free and Compulsory
Education to all children in the age group of 6 – 14 years.

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Discuss the civil and political rights under international covenant on civil and political rights.

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,
recognition of the inherent dignity and of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace in the world, Recognizing that these
rights derive from the inherent dignity of the human person, Recognizing that, in accordance with
the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political
freedom and freedom from fear and want can

only be achieved if conditions are created whereby everyone may enjoy his civil and political rights,
as well as his economic, social and cultural rights, Considering the obligation of States under the
Charter of the United Nations to promote universal respect for, and observance of, human rights
and freedoms, Realizing that the individual, having duties to other individuals and to the community
to which he belongs, is under a responsibility to strive for the promotion and observance of the
rights recognized in the present Covenant,

Article 1
 56

1. All peoples have the right of self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a people be deprived of its own
means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right
of self-determination, and shall respect that right, in conformity with the provisions of the Charter of
the United Nations.

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
without distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the
present Covenant undertakes to take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to adopt such laws or other measures as
may be necessary to give effect to the rights recognized in the present Covenant.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women
to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1 . In time of public emergency which threatens the life of the nation and the existence of which is
officially proclaimed, the States Parties to the present Covenant may take measures derogating from
their obligations under the present Covenant to the extent strictly required by the exigencies of the
situation, provided that such measures are not inconsistent with their other obligations under
international law and do not involve discrimination solely on the ground of race, colour, sex,
language, religion or social origin.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person
any right to engage in any activity or perform any act aimed at the destruction of any of the rights
and freedoms recognized herein or at their limitation to a greater extent than is provided for in the
present Covenant.

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall
be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of the
crime and not contrary to the provisions of the present Covenant and to the Convention on the
 57

Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant
to a final judgement rendered by a competent court.

Article 7

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

particular, no one shall be subjected without his free consent to medical or scientific
experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

(a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour
may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a
sentence to such punishment by a competent court;

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary
arrest or detention. No one shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and
shall be promptly informed of any charges against him.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person.

2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted
persons and shall be subject to separate treatment appropriate to their status as unconvicted
persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for
adjudication.

Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty
of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are
provided by law, are necessary to protect national security, public order (ordre public), public health
or morals or the rights and freedoms of others, and are consistent with the other rights recognized
in the present Covenant.

Article 13
 58

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom
only in pursuance of a decision reached in accordance with law and shall, except where compelling
reasons of national security otherwise require, be allowed to submit the reasons against his
expulsion and to have his case reviewed by, and be represented for the purpose before, the
competent authority or a person or persons especially designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal
charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair
and public hearing by a competent, independent and impartial tribunal established by law.

Article 15

1 . No one shall be held guilty of any criminal offence on account of any act or omission which did
not constitute a criminal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
when the criminal offence was committed. If, subsequent to the commission of the offence,
provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or
correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall
include freedom to have or to adopt a religion or belief of his choice, and freedom, either
individually or in community with others and in public or private, to manifest his religion or belief in
worship, observance, practice and teaching.

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of his choice.

Article 20

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law.

Article 21
 59

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of
this right other than those imposed in conformity with the law and which are necessary in a
democratic society in the interests of national security or public safety, public order (ordre public),
the protection of public health or morals or the protection of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form
and join trade unions for the protection of his interests.

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by
society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be
recognized.

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion,
national or social origin, property or birth, the right to such measures of protection as are required
by his status as a minor, on the part of his family, society and the State.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in
article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all
persons equal and effective protection against discrimination on any ground such as race,

Article 27

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members of their group, to
enjoy their own culture, to profess and practise their own religion, or to use their own language.

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Discuss the constitution, powers and functions of state human rights commission.

Human rights are the fundamental rights and freedoms to which everyone is entitled. Human rights
also place a person’s responsibility on them not to infringe the rights of others. Economic, social, civil
rights, and political and cultural rights are examples of human rights. To protect the rights of people,
commissions have been established. The State Human Rights Commission (Indian constitution’s
seventh schedule’s state list and concurrent list) is in charge of protecting human rights and
investigating any violations that occur under its authority. The State Human Right Commission is part
of the Indian Polity and Governance Syllabus, explained in this article.
 60

A State Human Rights Commission can prosecute human rights violations in matters covered by the
Indian constitution’s seventh schedule’s state list and concurrent list.

The Human Rights Protection Act of 1993 mandates the establishment of a state-level Human Rights
Commission.

The Human Rights Protection Act of 1993 creates a National Human Rights Commission and a state-
level Human Rights Commission.

Official Gazette Notifications have established State Human Rights Commissions in twenty-six states.

Constitution of SHRC

It consists of two members and a chairman. The chairperson should be a retired Chief Justice of the
High Court. The members should be serving or retired judges of the High Court or district judges with
at least seven years of experience and someone with knowledge or practical experience in human
rights.

The Chairperson and members of the SHRC are appointed based on the recommendations of a
committee by the Governor:

The Speaker of the Legislative Assembly

The legislative council’s Leader of the Opposition

The legislative assembly’s Leader of the Opposition

The Chief Minister (chairperson)

The Home Minister

The Legislative Council’s Chairman

Only the Supreme Court Chief Justice can appoint a sitting HC judge or a sitting district judge.

Powers of SHRC

The National Human Rights Commission Act of 1993 mandates the establishment of state-level
human rights commissions. The Governor appoints the chairman and two other members of the
state commission.

The following are the SHRC’s powers:

It possesses all the civil court’s authorities, and its proceedings are judicial.

It has the authority to intervene in any action involving a breach of human rights.

It has the authority to review and safeguard human rights protection.

During or after an investigation, the Commission may take any of the following actions:

It could imply that the state government or authority will pay the victim’s compensation or damages.

It could advise the state government or authority that criminal charges or other proceedings be
launched against it.

It could be suggested to the state government or authority that the victim be given an immediate
interim remedy.
 61

It can ask the Supreme Court or a state high court for guidance, orders, or writs.

The Commission’s yearly or special reports are delivered to the state government. These reports and
a memorandum of action taken on the Commission’s recommendations and the reasons for
rejecting any of them are delivered to the state legislature.

Functions of the Commission:

According to the protection of Human Rights Act, 1993; below are the functions of State Human
Rights Commission:

(a) Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into
complaint of violation of human rights or negligence in the prevention of such violation by a public
servant.

(b) Intervene in any proceeding involving any allegation of violation of human rights before a Court
with the approval of such Court.

(c) Visit any jail or any other institution under the control of the State Government where persons
are detained to study the living conditions of the inmates and make recommendations thereon

(d) Review the safeguards provided by or under the constitution of any law for the time being in
force for the protection of human rights and recommend measures for their effective
implementation.

(e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and
recommend appropriate remedial measures.

(f) Undertake and promote research in the field of human rights.

(g) Spread human rights literacy among various sections of society and promote awareness of the
safeguards available for the protection of these rights.

(h) Encourage the efforts of Non-Governmental organizations and institutions working in the field of
human rights.

(j) Undertake such other functions as it may consider necessary for the promotion of human rights.

• The commission is vested with the power to regulate its own procedure.

• It has all the powers of a civil court and its proceedings have a judicial character.

• It may call for information or report from the state government or any other authority subordinate
thereto.

It has the power to require any person subject to any privilege which may be claimed under any law
for the time being in force, to furnish information on points or matters useful for, or relevant to the
subject matter of inquiry. The commission can look into a matter within one year of its occurrence.

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

Discuss the constitution, powers and functions of national human rights commission. 16

Constitution of National Human Rights Commission. - (1) the Central

Government shall constitute a body to be known as the National Human Rights Commission to
exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.
 62

(2) The Commission shall consist of—

(a) A Chairperson who has been a [Chief Justice of India or a Judge] of the Supreme Court;

(b) One Member who is, or has been, a Judge of the Supreme Court;

(c) One Member who is, or has been the Chief Justice of a High Court;

(d) [three Members, out of which at least one shall be a woman,] to be appointed from amongst
persons having knowledge of, or practical experience in, matters relating to human rights.

(3) The Chairperson of [the National Commission for Backward Classes, the National Commission for
Minorities, the National Commission for Protection of Child Rights], [the National Commission for
the Scheduled Castes, the National Commission for the Scheduled Tribes], [the National Commission
for Women and the Chief Commissioner for Persons with Disabilities] shall be deemed to be
Members of the Commission for the discharge of functions specified in clauses (b) to (j) of Section
12.

(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission
and 4 [shall, subject to control of the Chairperson, exercise all administrative and financial powers
(except judicial functions and the power to make regulations under section 40B)].

(5) The headquarters of the Commission shall be at Delhi and the Commission may, with the
previous approval of the Central Government, establish offices at other places in India.

4. Appointment of Chairperson and other Members.-

(1) The Chairperson and [the Members] shall be appointed by the President by warrant under his
hand and seal: Provided that every appointment under this sub-section shall be made after
obtaining the recommendations of a Committee consisting of-

(a) The Prime Minister -Chairperson;

(b) Speaker of the House of the People -Member;

(c) Minister in-charge of the Ministry of Home Affairs in the Government of India -Member;

(d) Leader of the Opposition in the House of the People -Member;

(e) Leader of the Opposition in the Council of States -Member;

(f) Deputy Chairman of the Council of States -Member: Provided further that no sitting Judge of the
Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation
with the Chief Justice of India.

(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any 5

[vacancy of any member in the Committee referred to in the first proviso to sub-section

Functions of Commission:

Section 12 of the Protection of Human Rights Act, 1993 deals with the functions of the National
Human Rights Commission. According to this section the Commission shall perform all or any of the
following functions:
 63

Inquire, Suo moto, or on a petition presented to it by a victim or any person on his behalf or on a
direction or order of any court into complaint of (i) violation of human rights or abetment thereof; or
(ii) negligence in the prevention of such violation by a public servant;

Intervene in any proceeding involving any allegation of violation of human rights pending before a
court with the approval of such Court;

Visit, notwithstanding anything contained in any other law for the time being in force, any jail or
other institution under the control of the State Government, where persons are detained or lodged
for purposes of treatment, reformation or protection, for the study of the living conditions of the
inmates thereof and make recommendations thereon to the government.

Review the safeguards provided by or under the Constitution or any law for the time being in force
for the protection of human rights and recommended measures for their effective implementation.

Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and
recommended appropriate remedial measures.

Study treaties and other international instruments on human rights and make recommendations for
their effective implementation.

Undertake and promote research in the field of human rights.

Spread human rights literacy among various sections of society and promote awareness of the
safeguards available for the protection of these rights through publications, the media, seminars and
other available means.

Encourage the efforts of non-governmental organisations and institutions working in the field of
human rights.

Such other functions as it may consider necessary for the promotion of human rights.

Powers of NHRC:

Section 13 of the Protection of Human Rights Act, 1993 deals with the powers of the National
Human Rights Commission relating to inquiries. Section 13 of the Act confer NHRC with all the
powers of a civil court to try a suit under the Code of Civil Procedure and, particularly in respect of
the following matters namely;

Summoning and enforcing the attendance of witnesses and examining them on oath;

Discovery and production of any document;

Receiving evidence on affidavits;

Requisitioning any public record or copy thereof from any court or office;

Issuing Commissions for the examinations of witnesses or documents;

Any other matter which may be prescribed.

Section 14 of the Protection of Human Rights Act, 1993 deals with the powers of the National
Human Rights Commission relating to investigation.

The Commission may, for the purpose of conducting any investigation pertaining to the inquiry,
utilise the services of any officer or investigation agency of the Central Government or any State
 64

Government with the concurrence of the Central Government or the State Government, as the case
may be.

For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency
whose services are utilised under subsection (1) may, subject to the direction and control of the
Commission:- (a) summon and enforce the attendance of any person and examine him; (b) require
the discovery and production of any document; and (c) requisition any public record or copy thereof
from any office.

The provisions of section 15 shall apply in relation to any statement made by a person before any
officer or agency whose services are utilised under sub-section (1) as they apply in relation to any
statement made by a person in the course of giving evidence before the Commission.

The officer or agency whose services are utilised under subsection (1) shall investigate into any
matter pertaining to the inquiry and submit a report thereon to the Commission within such period
as may be specified by the Commission in this behalf.

The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if
any, arrived at in the report submitted to it under sub-section (4) and for this purpose the
Commission may make such inquiry (including the examination of the person or persons who
conducted or assisted in the investigation) as it thinks fit.

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Write a note on African commission of Human rights.

Discuss the role of African Commission on human and people rights. 10

The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial body tasked with
promoting and protecting human rights and collective (peoples') rights throughout the African
continent as well as interpreting the African Charter on Human and Peoples' Rights and considering
individual complaints of violations of the Charter. This includes investigating human rights violations,
creating and approving programs of action towards encouraging human rights, and set up effect
communication between them and states to get first-hand information on violations of human
rights. Although the ACHPR is under a regional government facility, they don't have any actual power
and enforcement over laws. This ends up in them drafting up proposals to send up the chain of
command to the Assembly of Heads of State and Government and they will act accordingly.

The African Commission on Human and Peoples' Rights (ACHPR) was based on the Banjul Charter
which is the regional human rights protectors of human rights for Africa. The charter has twenty-
nine articles that go into great detail on the rights and freedoms that follow a strict code of non-
discrimination. The support and excitement over the Europeans current rights system, the evolution
of granting everyone human rights, is what helped streamline the creation of this commission and
other courts in Africa. The Commission came into existence with the coming into force, on 21
October 1986, of the African Charter (adopted by the OAU on 27 June 1981). Although its authority
rests on its own treaty, the African Charter, the Commission reports to the Assembly of Heads of
State and Government of the African Union (formerly the Organization of African Unity). Its first
members were elected by the OAU's 23rd Assembly of Heads of State and Government in June 1987
and the Commission was formally installed for the first time on 2 November of that year. For the first
two years of its existence, the Commission was based at the OAU Secretariat in Addis Ababa,
Ethiopia, but in November 1989 it relocated to Banjul, Gambia. (The ACHPR is not the African Union
Commission, which was formerly known as the OAU Secretariat.)
 65

The Commission meets twice a year, usually in March or April and in October or November. One of
these meetings is usually in Banjul, where the Commission's secretariat is located; the other may be
in any African state.

In addition to performing any other tasks which may be entrusted to it by the Assembly of Heads of
State and Government, the Commission is officially charged with three major functions:

1. the protection of human and peoples' rights

2. the interpretation of the African Charter on Human and Peoples' Rights

Within the framework of its promotional role, the functions of the Commission are inter alia:

To collect documents, undertake studies and researches on African problems in the field of human
and peoples' rights, organize seminars, symposia and conferences, disseminate information,
encourage national and local institutions concerned with human and peoples' rights and should the
case arise, give its views or make recommendations to Governments;

To formulate and lay down principles and rules aimed at solving legal problems relating to human
and peoples' rights and fundamental freedoms upon which African Governments may base their
legislation.

To cooperate with other African or, International institutions concerned with the promotion and
protection of human and peoples' rights.

To consider the periodic reports of States on the legislative or other measures adopted to give effect
to the rights and freedoms recognized and guaranteed in the African Charter

Within the framework of its protective role, the Commission is charged with ensuring the protection
of human and peoples' rights under the conditions laid down by the Charter and according to the
rules provided for in the Rules of Procedure of the Commission.

Within the framework of its role of interpreting the African Charter on Human and Peoples' Rights,
the Commission is charged with interpreting all provisions of the present Charter at the request of a
State Party, an institution of the Organization of African Unity or an African Organization recognized
by the Organization of African Unity now the African Union

Composition

The African Court is non-permanent body with a full-time president, composed of eleven judges:

‘Nationals of Member States of the OAU, elected in an individual capacity from among jurists of high
moral character and of recognized practical, judicial or academic competence and experience in the
field of human and peoples’ rights.’ (Article 11 Protocol).

Article 22 Protocol excludes participation in a case of a judge who is a national of a state that is a
party to the case.

Ad hoc judges: The Protocol does not contemplate the appointment of ad hoc judges.

Representation of the main regions of Africa and their principal legal traditions (Article 14(2)
Protocol).

Adequate gender representation is contemplated in Articles 12(2) and 14(3) Protocol.

Who may file a complaint?

 66

Article 55 ACHPR does not place any restrictions on who can submit cases to the Commission. This
provision simply notes: ‘Before each session, the Secretary of the Commission shall make a list of the
communications other than those of States Parties to the present Charter’. The Commission has
interpreted this provision as giving locus standi to the victims themselves and to the victims’ families
as well as NGOs and others acting on their behalf.

Address for submitting petitions/communications

The African Commission on Human and People’s Rights, P O Box 673, Banjul, The Gambia

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

Human and people’s rights enshrined in the African charter. 8

State the important features of African charter on Human and People’s rights.

The Charter recognizes most of what are regarded universally accepted civil and political rights. The
civil and political rights recognized in the Charter include the right to freedom from discrimination
(Article 2 and 18(3)), equality (Article 3), life and personal integrity (Article 4), dignity (Article 5),
freedom from slavery (Article 5), freedom from cruel, inhuman or degrading treatment or
punishment (Article 5), rights to due process concerning arrest and detention (Article 6), the right to
a fair trial (Article 7 and 25), freedom of religion (Article 8), freedom of information and expression
(Article 9), freedom of association (Article 10), freedom of assembly (Article 11), freedom of
movement (Article 12), freedom to political participation (Article 13), the right to property (Article
14), and the right to resist (Article 20).

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Explain the three main procedures for implementation of the African charter of human and
people's rights.

3 Procedures:

Inadmissibility

Article 56 ACHPR. ‘Communications relating to human and peoples’ rights referred to in Article 55
received by the Commission shall be considered if they: (1) Indicate their authors even if the latter
request anonymity, (2) Are compatible with the Charter of the Organization of African Unity or with
the present Charter, (3) Are not written in disparaging or insulting language directed against the
state concerned and its institutions or to the Organization of African Unity.

Interim measures

The Commission has developed a mechanism for adoption of provisional measures in its Rules of
Procedure (Rule 111). ‘1. Before making its final views known to the Assembly on the
communication, the Commission may inform the State Party concerned of its views on the
appropriateness of taking provisional measures to avoid irreparable damage being caused to the
victim of the alleged violation. . 2. The Commission may indicate to the parties any interim measure,
the adoption of which seems desirable in the interest of the parties or the proper conduct of the
proceedings before it.’

Friendly settlement
 67

Article 52 ACHPR. ‘After having obtained all the information it deems necessary, and after having
tried all appropriate means to reach an amicable settlement based on the respect of Human Rights
and Peoples’ Rights, the Commission shall prepare a report stating the facts and its findings.’ Rule 98
Rules of Procedure. he Commission shall place its good offices at the disposal of the interested
States Parties to the Charter so as to reach an amicable solution on the issue based on the respect of
human rights and fundamental liberties, as recognized by the Charter.’

Procedure

Written procedure, official and working languages are set out in Rule 34 Rules of Procedure of the
Commission. ‘The working languages of the Commission and of all its institutions shall be those of
the Organisation of African Unity.’ ‘The working languages of the Union and all its institutions shall
be, if possible, African languages, Arabic, English, French and Portuguese.’

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

Explain the functions of American commission and American court on human rights.

Introduction:

The American Convention on Human Rights (ACHR) was adopted on 22 November 1969 by the
Organization of American States (OAS) and entered into force on 18 July 1978. The Convention
formalizes the Inter-American system of human rights protection, resting on the Inter-American
Commission on Human Rights and the Inter-American Court of Human Rights, per Article 33 of the
ACHR. In general, cases are first brought before the Commission, which may then decide to refer
them to the Court.

The Commission’s purpose is not to issue a judgment or sentence, since it is not a judicial organ.
Instead, it seeks to reach friendly settlements in light of written and oral information transmitted, on
the Commission’s request, by the State concerned by the complaints. In “serious and urgent cases,”
the Commission may conduct on-site investigations, with the prior consent of the State in whose
territory a violation was allegedly committed. In other situations, on-site visits to countries remain
an instrument that the Commission can use to engage in more in-depth analysis of the situation, but
they are the result of prior examination of the matter

If a friendly settlement is reached, the Commission draws up a report, transmits it to the petitioner
and to all States party to the Convention, and submits it for publication to the OAS Secretary-
General, including a brief statement of the facts and the solution reached

Functions of the American commission on human rights

Under its mandate to “promote respect for and defence of human rights,” the Commission also

1. Receives, analyzes and investigates individual petitions in which violations of human rights are
alleged to have been committed either by a Member State of the OAS that has ratified the
American Convention or by one that has not.
2. Observes the general situation of human rights in the Member States and publishes, when it
deems appropriate, reports on the situation in a given Member State.
3. Conducts in loco visits to countries to conduct an in-depth analysis of the general situation
and/or to investigate a specific situation. In general, these visits lead to the preparation of a
report on the human rights situation observed, which is published and presented to the
Permanent Council and to the General Assembly of the OAS.
 68

4. Develops an awareness of human rights among the peoples of the Americas. To that end, the
Commission prepares and publishes reports on specific issues, such as: the measures that must
be taken to ensure greater access to justice; the effects that internal armed conflicts have on
certain groups; the human rights situation of children, women, and migrant workers and their
families, persons deprived of liberty, human rights defenders, indigenous persons, persons of
African descent; freedom of expression; citizen security and terrorism, and how they relate to
human rights, and so on.
5. Organizes and holds visits, lectures, seminars and meetings with government representatives,
academic institutions, nongovernmental organizations and others for the purpose of
communicating information and promoting a broad understanding of the work of the inter-
American human rights system.
6. Recommends to the OAS Member States the measures they should take the better to protect
human rights in the countries of the hemisphere.
7. In serious and urgent cases, requests Member States to adopt precautionary measures, in
keeping with Article 25 of its Rules of Procedure, in order to prevent irreparable harm to persons
or to the subject matter of the proceedings in connection with a pending petition or case.
Furthermore, under Article 63(2) of the American Convention, in cases of extreme gravity and
urgency the Commission may request that the Inter-American Court order the adoption of
“provisional measures” to prevent irreparable harm to persons, even when the case has not yet
been submitted to the Court.
8. Presents cases to the Inter-American Court and appears before the Court during the processing
and consideration of cases.
9. Requests advisory opinions of the Inter-American Court, pursuant to Article 64 of the American
Convention.
[Link] and examines communications in which a State party alleges that another State party
has committed a violation of a human right protected under the American Convention, pursuant
to Article 45 thereof.

Inter-American Court of Human Rights

The Court, based in San José, Costa Rica, is the judicial organ of the Inter-American system of human
rights protection. It was established by the 1969

American Convention on Human Rights but was actually set up in 1979, after the Convention
entered into force. It is composed of seven independent judges, elected to six-year terms (they can
be re-elected once) by the States party to the American Convention on Human Rights.

The judges hold two regular sessions per year, but they may also meet in special sessions. They elect
their president and vice president to two-year terms (they can also be re-elected once). They
appoint their secretary, whose staff is appointed by the Secretary-General of the OAS, in
consultation with the secretary. The Court adopted its Rules of Procedure in 1980 and last revised
them in November 2009.

Advisory and Contentious Jurisdiction

At the request of OAS Member States, the Court is competent to issue advisory opinions regarding
the interpretation of the ACHR and other treaties concerning the protection of human rights in the
Americas and any question relating to the jurisdiction of OAS organs. In particular, it may give
opinions on the compatibility of domestic laws with these human rights instruments to requesting
States. It also has contentious jurisdiction over alleged violations of the ACHR, and it monitors
 69

States’ application of the Convention. However, the Court’s jurisdiction is not automatically binding
on States, except for those that have expressly accepted its jurisdiction

Purpose and functions

The Organization of American States established the Court in 1979 to enforce and interpret the
provisions of the American Convention on Human Rights. Its two main functions are thus
adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights
violations referred to it. Under the latter, it issues opinions on matters of legal interpretation
brought to its attention by other OAS bodies or member states.

Adjudicatory function

The adjudicatory function requires the Court to rule on cases brought before it in which a state party
to the Convention, and thus has accepted its jurisdiction, is accused of a human rights violation.

In addition to ratifying the Convention, a state party must voluntarily submit to the Court's
jurisdiction for it to be competent to hear a case involving that state. Acceptance of contentious
jurisdiction can be given on a blanket basis – to date, Argentina, Barbados, Bolivia, Brazil, Chile,
Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras,
Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Trinidad and Tobago, Venezuela and
Uruguay have done so[3] (though Trinidad and Tobago and Venezuela have subsequently
withdrawn) – or, alternatively, a state can agree to abide by the Court's jurisdiction in a specific,
individual case.

Under the Convention, cases can be referred to the Court by either the Inter-American Commission
on Human Rights or a state party. In contrast to the European human rights system, individual
citizens of the OAS member states are not allowed to take cases directly to the Court.

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Explain the significance of international convention on rights of women.

On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination against
Women was adopted by the United Nations General Assembly. It entered into force as an
international treaty on 3 September 1981 after the twentieth country had ratified it. By the tenth
anniversary of the Convention in 1989, almost one hundred nations have agreed to be bound by its
provisions.

The Convention was the culmination of more than thirty years of work by the United Nations
Commission on the Status of Women, a body established in 1946 to monitor the situation of women
and to promote women's rights. The Commission's work has been instrumental in bringing to light all
the areas in which women are denied equality with men. These efforts for the advancement of
women have resulted in several declarations and conventions, of which the Convention on the
Elimination of All Forms of Discrimination against Women is the central and most comprehensive
document.

Article 7

States Parties shall take all appropriate measures to eliminate discrimination against women in the
political and public life of the country and, in particular, shall ensure to women, on equal terms with
men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all
publicly elected bodies;
 70

(b) To participate in the formulation of government policy and the implementation thereof and to
hold public office and perform all public functions at all levels of government;

Article 9

1. States Parties shall grant women equal rights with men to acquire, change or retain their
nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality
by the husband during marriage shall automatically change the nationality of the wife, render her
stateless or force upon her the nationality of the husband.

2. States Parties shall grant women equal rights with men with respect to the nationality of their
children.

Article 10

States Parties shall take all appropriate measures to eliminate discrimination against women in order
to ensure to them equal rights with men in the field of education and in particular to ensure, on a
basis of equality of men and women: (a) The same conditions for career and vocational guidance, for
access to studies and for the achievement of diplomas in educational establishments of all
categories in rural as well as in urban areas.

Article 11

1. States Parties shall take all appropriate measures to eliminate discrimination against women in
the field of employment in order to ensure, on a basis of equality of men and women, the same
rights, in particular: (a) The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including the application of the same criteria
for selection in matters of employment;

(c) The right to free choice of profession and employment, the right to promotion, job security and
all benefits and conditions of service and the right to receive vocational training and retraining,
including apprenticeships, advanced vocational training and recurrent training;

(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of
equal value, as well as equality of treatment in the evaluation of the quality of work;

(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity
and old age and other incapacity to work, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions, including the safeguarding of
the function of reproduction.

2. In order to prevent discrimination against women on the grounds of marriage or maternity and to
ensure their effective right to work, States Parties shall take appropriate measures: (a) To prohibit,
subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave
and discrimination in dismissals on the basis of marital status;

(b) To introduce maternity leave with pay or with comparable social benefits without loss of former
employment, seniority or social allowances;

(c) To encourage the provision of the necessary supporting social services to enable parents to
combine family obligations with work responsibilities and participation in public life, in particular
through promoting the establishment and development of a network of child-care facilities.
 71

Article 13

States Parties shall take all appropriate measures to eliminate discrimination against women in other
areas of economic and social life in order to ensure, on a basis of equality of men and women, the
same rights, in particular: (a) The right to family benefits;

(b) The right to bank loans, mortgages and other forms of financial credit;

(c) The right to participate in recreational activities, sports and all aspects of cultural life.

Article 14

2. States Parties shall take all appropriate measures to eliminate discrimination against women in
rural areas in order to ensure, on a basis of equality of men and women, that they participate in and
benefit from rural development and, in particular, shall ensure to such women the right: - (a) To
participate in the elaboration and implementation of development planning at all levels;

(b) To have access to adequate health care facilities, including information, counselling and services
in family planning;

(c) To benefit directly from social security programmes;

(d) To obtain all types of training and education, formal and non-formal, including that relating to
functional literacy, as well as, inter alia, the benefit of all community and extension services, in order
to increase their technical proficiency;

Article 15

1. States Parties shall accord to women equality with men before the law.

2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and
the same opportunities to exercise that capacity. In particular, they shall give women equal rights to
conclude contracts and to administer property and shall treat them equally in all stages of procedure
in courts and tribunals.

4. States Parties shall accord to men and women the same rights with regard to the law relating to
the movement of persons and the freedom to choose their residence and domicile.

Article 16

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all
matters relating to marriage and family relations and in particular shall ensure, on a basis of equality
of men and women: (a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with their free and full
consent;

(c) The same rights and responsibilities during marriage and at its dissolution;

(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters
relating to their children; in all cases the interests of the children shall be paramount;

(e) The same rights to decide freely and responsibly on the number and spacing of their children and
to have access to the information, education and means to enable them to exercise these rights;
 72

(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and
adoption of children, or similar institutions where these concepts exist in national legislation; in all
cases the interests of the children shall be paramount;

(g) The same personal rights as husband and wife, including the right to choose a family name, a
profession and an occupation;

(h) The same rights for both spouses in respect of the ownership, acquisition, management,
administration, enjoyment and disposition of property, whether free of charge or for a valuable
consideration.

2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action,
including legislation, shall be taken to specify a minimum age for marriage and to make the
registration of marriages in an official registry compulsory.

Article 24

States Parties undertake to adopt all necessary measures at the national level aimed at achieving the
full realization of the rights recognized in the present Convention.

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Discuss the rights and freedom provided under the European convention on human rights.

The European Convention

The European Convention on Human Rights (ECHR) protects the human rights of people in countries
that belong to the Council of Europe.

All 47 Member States of the Council, including the UK, have signed the Convention. Its full title is the
‘Convention for the Protection of Human Rights and Fundamental Freedoms’.

What is the Council of Europe?

Formed in 1949, the Council of Europe is completely separate from the European Union and much
larger, with 47 members compared to the EU’s 28. The UK became a Council member 24 years
before it joined the EU. The UK’s membership of the Council would be unaffected if it left the EU.

The Convention consists of numbered ‘articles’ protecting basic human rights. The UK made these
rights part of its domestic law through the Human Rights Act 1998.

18 Articles of European Convention on Human Rights

Article 1 – obligation to respect human rights

The state has the responsibility to respect every individual’s human rights, as set out in the
Convention itself.

Article 2 – right to life

We all have the right to life, and not be killed by another person.

The state must protect people’s lives by enforcing the law, protecting those in danger, and safeguard
against accidental deaths.

Article 3 – prohibition of torture and cruel, inhuman and degrading treatment

 73

Nobody, under any circumstances, can torture or abuse anyone else. We should never be treated in
ways that cause us serious physical or mental suffering.

Article 4 – prohibition of slavery and forced labour

Nobody should ever be made a slave or forced to work against their will.

There are minor exceptions to this article, for example in some cases it is legal to require someone
to work in if they’re in prison or the military services.

Article 5 – right to liberty and security

We can only be detained in certain circumstances, for example if we’ve been convicted by a court, or
if we’re considered to be a danger to ourselves.

Article 6 – right to a fair trial

We have the right to a fair and public trial, within a reasonable amount of time, by an independent
and unbiased judge.

If charged with an offence we should be assumed innocent until proven guilty.

Article 7 – no punishment without law

All crimes should be clearly defined by the law. We can only be found guilty of a criminal offence if
there was a law against it at the time the act was committed. Once found guilty of a crime we cannot
later be given a heavier sentence.

Article 8 – right to respect privacy and family life

This right exists to protect four things: our family life, our home, our private life, and our
correspondence.

We have the right to live with our family and our loved ones.

Respect for the home guards against intrusion into where we live, or to protect us being forced from
where we live without good reason.

Respect for private life protects our personal freedoms, including respect for our sexuality, the right
not to be placed under unlawful surveillance, or for us not to have personal information spread
about us against our will.

Respect for correspondence allows for us to communicate with others freely and in full privacy.

Article 9 – freedom of thought, conscience and religion

We all have the right to hold religious and other beliefs. We also have the right to change these
beliefs when we choose. We should be free to worship and express our beliefs both in public and
private spaces.

Article 10 – freedom of expression

We have the right for us to hold our own opinions, to express our views and ideas, and to share
information with others.

This article can protect our right to express views that some may find unpopular or offensive.

Article 11 – freedom of assembly and association

 74

We have the right to join with others to protect our common interests, to form trade unions political
parties.

Importantly this article also exists to protect our right to hold meetings, and to assemble in groups to
peacefully protest.

Article 12 – right to marry

We have the right marry who we want to, and to start a family.

Article 13 – right to an effective remedy

If our rights are violated then we must be able to challenge this through legal means. The state must
make arrangement for this, and there may be compensation for any damage caused to us.

Article 14 – prohibition of discrimination

Our rights should never be denied to us due to any form of discrimination, whether due to our ‘sex,
race, colour, language, religion, political or other opinion, national or social origin, association with a
national minority, property, birth or other status’.

Article 15 – derogation in time of emergency

A state can choose to ignore some specific rights in the ECHR at a time of war or other emergency
threatening the life of the nation, but any removal of rights should be limited to those absolutely
required by the situation. A state must always make sure these measures are consistent with its
obligations under International Law.

Article 16 – restriction on political activity of non-nationals

A state can restrict the political activity of non-nationals, but this does not apply to the nationals of
EU member states when in an EU country.

Article 17 – prohibition of abuse of rights

Nothing in the ECHR allows for any state, group or individual to destroy the rights and freedoms that
the convention protects.

Article 18 – limitation on use of restriction of rights

The restrictions allowed by the convention should not be applied for any other purpose than those
explained in the convention itself.

-------------- ---

1. the right to life (Article 2)

2. freedom from torture (Article 3)
3. freedom from slavery (Article 4)
4. the right to liberty (Article 5)
5. the right to a fair trial (Article 6)
6. the right not to be punished for something that wasn’t against the law at the time (Article 7)
7. the right to respect for family and private life (Article 8)
8. freedom of thought, conscience and religion (Article 9)
9. freedom of expression (Article 10)
10. freedom of assembly (Article 11)
 75

11. the right to marry and start a family (Article 12)

12. the right not to be discriminated against in respect of these rights (Article 14)
13. the right to protection of property (Protocol 1, Article 1)
14. the right to education (Protocol 1, Article 2)
15. the right to participate in free elections (Protocol 1, Article 3)
16. the abolition of the death penalty (Protocol 13)

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Write a note on UN high commissioner of human rights.

The Office of the United Nations High Commissioner for Human Rights, commonly known as the
Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights
Office, is a department of the Secretariat of the United Nations that works to promote and protect
human rights that are guaranteed under international law and stipulated in the Universal
Declaration of Human Rights of 1948. The office was established by the United Nations General
Assembly on 20 December 1993 in the wake of the 1993 World Conference on Human Rights.

The office is headed by the High Commissioner for Human Rights, who co-ordinates human rights
activities throughout the United Nations System and acts as the secretariat of the Human Rights
Council in Geneva, Switzerland. The eighth and current High Commissioner is Volker Türk of Austria,
who succeeded Michelle Bachelet of Chile on 8 September 2022.

In 2018–2019, the department had a budget of $201.6 million (3.7 per cent of the regular United
Nations budget), and approximately 1,300 employees based in Geneva and New York City. It is an ex
officio member of the Committee of the United Nations Development Group.

Volker Türk - United Nations Secretary-General António Guterres has appointed Volker Türk of
Austria as the next United Nations High Commissioner for Human Rights, following approval by the
General Assembly. He will succeed Michelle Bachelet of Chile, to whom the Secretary-General is
grateful for her commitment and dedicated service to the United Nations.

Human rights make up one of the three founding pillars of the United Nations system (together with
"peace and security" and "development"). The Office of the UN High Commissioner for Human
Rights (OHCHR) – also known as the UN Human Rights Office – is mandated to promote and protect
all human rights established in the UN Charter and in international human rights laws and treaties.

Operationally, OHCHR works with governments, legislatures, courts, national institutions, civil
society, the business community, regional and international organisations, and the UN system to
develop and strengthen the protection of human rights, particularly at the national level, in
accordance with international norms. OHCHR also supports the work of the UN human rights
mechanisms, including the treaty bodies established to monitor State Parties' compliance with the
core international human rights treaties and the Special Procedures of the Human Rights Council.

OHCHR is led by the High Commissioner for Human Rights, the principal human rights official of the
UN. It employs approximately 1,085 staff based in Geneva, New York and 26 country/regional
offices. It is funded from the UN regular budget and from voluntary contributions from Member
States, intergovernmental organisations, foundations and individuals

Functions and organization

The mandate of OHCHR derives from Articles 1, 13 and 55 of the Charter of the United Nations, the
Vienna Declaration and Programme of Action and General Assembly resolution 48/141 of 20
 76

December 1993, by which the Assembly established the post of United Nations High Commissioner
for Human Rights. In connection with the programme for reform of the United Nations (A/51/950,
para. 79), the OHCHR and the Centre for Human Rights were consolidated into a single OHCHR on 15
September 1997.

The objectives of OHCHR are to:

1. Promote universal enjoyment of all human rights by giving practical effect to the will and resolve
of the world community as expressed by the United Nations
2. Play the leading role on human rights issues and emphasize the importance of human rights at
the international and national levels
3. Promote international cooperation for human rights
4. Stimulate and coordinate action for human rights throughout the United Nations system
5. Promote universal ratification and implementation of international standards
6. Assist in the development of new norms
7. Support human rights organs and treaty monitoring bodies
8. Respond to serious violations of human rights
9. Undertake preventive human rights action
[Link] the establishment of national human rights infrastructures
[Link] human rights field activities and operations
[Link] education, information advisory services and technical assistance in the field of human
rights

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Write a note on rights of aged persons.

Convention on the Rights of Older Persons

The proposed Convention on the Rights of Older Persons (UNCROP) is likely to be the next major
human rights treaty adopted by the United Nations. The proposed treaty will seek to remedy the
fragmented human rights structure for Older Persons, and will focus on reaffirming critical human
rights which are of concern to older persons. The focus of the treaty will be persons over 60 years of
age, which is a growing demographic worldwide due to increased population ageing. The treaty
follows from the success of the United Nations Convention on the Rights of the Child which has seen
near universal acceptance since 1989. Where the UNCRC focuses on the rights of younger persons,
the UNCROP will address those who form the older portion of society, who according to United
Nations reports, are becoming increasingly vulnerable as a group without applicable normative
standards of human rights law.[2] Support for a Convention is becoming increasingly popular, as
human rights groups including the Committee on Economic, Social and Cultural Rights (CESCR), Help
Age International, the Committee on the Elimination of Discrimination against Women, the
International Labour Organization, and many other NGOs and states have expressed support for a
universal instrument

United Nations Principles for Older Persons by General Assembly resolution 46/91

Appreciating the contribution that older persons make to their societies,

Recognizing that, in the Charter of the United Nations, the peoples of the United Nations declare,
inter alia, their determination to reaffirm faith in fundamental human rights, in the dignity and
worth of the human person, in the equal rights of men and women and of nations large and small
and to promote social progress and better standards of life in larger freedom,
 77

Noting the elaboration of those rights in the Universal Declaration of Human Rights, the
International Covenant on Economic, Social and Cultural Rights and the International Covenant on
Civil and Political Rights and other declarations to ensure the application of universal standards to
particular groups,

In pursuance of the International Plan of Action on Ageing, adopted by the World Assembly on
Ageing and endorsed by the General Assembly in its resolution 37/51 of 3 December 1982,

1. Older persons should have access to adequate food, water, shelter, clothing and health care
through the provision of income, family and community support and self-help.

2. Older persons should have the opportunity to work or to have access to other income-generating
opportunities.

3. Older persons should be able to participate in determining when and at what pace withdrawal
from the labour force takes place.

4. Older persons should have access to appropriate educational and training programmes.

5. Older persons should be able to live in environments that are safe and adaptable to personal
preferences and changing capacities.

6. Older persons should be able to reside at home for as long as possible.

Participation

7. Older persons should remain integrated in society, participate actively in the formulation and
implementation of policies that directly affect their well-being and share their knowledge and skills
with younger generations.

8. Older persons should be able to seek and develop opportunities for service to the community and
to serve as volunteers in positions appropriate to their interests and capabilities.

9. Older persons should be able to form movements or associations of older persons.

Care

10. Older persons should benefit from family and community care and protection in accordance with
each society's system of cultural values.

11. Older persons should have access to health care to help them to maintain or regain the optimum
level of physical, mental and emotional well-being and to prevent or delay the onset of illness.

12. Older persons should have access to social and legal services to enhance their autonomy,
protection and care.

13. Older persons should be able to utilize appropriate levels of institutional care providing
protection, rehabilitation and social and mental stimulation in a humane and secure environment.

14. Older persons should be able to enjoy human rights and fundamental freedoms when residing in
any shelter, care or treatment facility, including full respect for their dignity, beliefs, needs and
privacy and for the right to make decisions about their care and the quality of their lives.

Self-fulfilment

15. Older persons should be able to pursue opportunities for the full development of their potential.
 78

16. Older persons should have access to the educational, cultural, spiritual and recreational
resources of society.

Dignity

17. Older persons should be able to live in dignity and security and be free of exploitation and
physical or mental abuse.

18. Older persons should be treated fairly regardless of age, gender, racial or ethnic background,
disability or other status, and be valued independently of their economic contribution.

Rights of aged persons in India

Article 41 of the Constitution secures the right of senior citizens to employment, education and
public assistance. It also ensures that the state must uphold these rights in cases of disability, old age
or sickness. Meanwhile, Article 46 asserts that the educational and economic rights of the elderly
must be protected by the state.

The Maintenance and Welfare of Parents and Senior Citizen Act 2007 is popularly known as the
Senior Citizen Act. It got enacted in the year 2007. The legislation aims to provide adequate
maintenance and effective welfare to old parents and senior citizens.

So, the Act made it a legal obligation on adult children and heirs to provide a monthly allowance for
parents. The act provided inexpensive and speedy procedures to claim monthly maintenance for
parents and senior citizens.

The act also makes it necessary for the children and relatives of senior citizens to maintain their
parents and grandparents. So, it lays down provisions to protect the life and property of senior
citizens.

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Explain the role united nations of children fund (UNICEF) in protecting the rights of children.

UNICEF is the driving force that helps build a world where the rights of every child are realized. The
Agency has the global authority to influence decision-makers, and the variety of partners at
grassroots level to turn the most innovative ideas into reality. That makes UNICEF unique among
world organizations, and unique among those working with the young.

UNICEF believes that nurturing and caring for children are the cornerstones of human progress.

UNICEF was created with this purpose in mind – to work with others to overcome the obstacles that
poverty, violence, disease and discrimination place in a child’s path. The agency believes that
together, we can advance the cause of humanity.

UNICEF advocates for measures to give children the best start in life, because proper care at the
youngest age forms the strongest foundation for a person’s future.

UNICEF promotes girls’ education – ensuring that they complete primary education as a minimum –
because it benefits all children, both girls and boys. Girls who are educated grow up to become
better thinkers, better citizens, and better parents to their own children.

UNICEF acts so that all children are immunized against common childhood diseases, and are well
nourished, because it is wrong for a child to suffer or die from a preventable illness.
 79

UNICEF works to prevent the spread of HIV/AIDS among young people because it is right to keep
them from harm and enable them to protect others. It helps children and families affected by
HIV/AIDS to live their lives with dignity.

UNICEF involves everyone in creating protective environments for children. The agency is present to
relieve suffering during emergencies, and wherever children are threatened, because no child should
be exposed to violence, abuse or exploitation.

UNICEF upholds the Convention on the Rights of the Child. The agency works to assure equality for
those who are discriminated against, girls and women in particular. It also works for the Millennium
Development Goals and for the progress promised in the United Nations Charter. It strives for peace
and security, and work to hold everyone accountable to the promises made for children.

UNICEF is part of the Global Movement for Children – a broad coalition dedicated to improving the
life of every child. Through this movement, and events such as the United Nations Special Session on
Children, it encourages young people to speak out and participate in the decisions that affect their
lives.

UNICEF is active in more than 190 countries and territories through country programmes and
National Committees.

1. Child Development and Nutrition,

2. Child Protection,
3. Education,
4. Child Environment,
5. Polio Eradication,
6. Reproductive and Child Health,
7. Children and AIDS,
8. Social Policy, Planning, Monitoring and Evaluation,
9. Advocacy and Partnership,
10. Behaviour Change Communication,
11. Emergency Preparedness and Response.

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Explain the purposes for the establishment of United Nations high commissioner for refugees.

The Office of the United Nations High Commissioner for Refugees was established on December 14,
1950 by the United Nations General Assembly. The agency is mandated to lead and co-ordinate
international action to protect refugees and resolve refugee problems worldwide. Its primary
purpose is to safeguard the rights and well-being of refugees. It strives to ensure that everyone can
exercise the right to seek asylum and find safe refuge in another State, with the option to return
home voluntarily, integrate locally or to resettle in a third country. It also has a mandate to help
stateless people.

In more than six decades, the agency has helped tens of millions of people restart their lives. Today,
a staff of some 7,685 people in more than 125 countries continues to help some 33.9 million
persons.

A Global Humanitarian Organization of Humble Origins - The UN refugee agency emerged in the
wake of World War II to help Europeans displaced by that conflict. Optimistically, the Office of the
United Nations High Commissioner for Refugees was established on December 14, 1950 by the
 80

United Nations General Assembly with a three-year mandate to complete its work and then disband.
The following year, on July 28, the United Nations Convention relating to the Status of Refugees –
the legal foundation of helping refugees and the basic statute guiding UNHCR’s work – was adopted.
Promoting the conclusion and ratification of international conventions for the protection of
refugees, supervising their application and proposing amendments thereto;

Promoting through special agreements with governments the execution of any measures calculated
to improve the situation of refugees and to reduce the number requiring protection;

Assisting governmental and private efforts to promote voluntary repatriation or assimilation within
new national communities;

Promoting the admission of refugees, not excluding those in the most destitute categories, to the
territories of States;

Endeavouring to obtain permission for refugees to transfer their assets and especially those
necessary for their resettlement;

Obtaining from governments information concerning the number and conditions of refugees in their
territories and the laws and regulations concerning them;

Keeping in close touch with the governments and inter-governmental organizations concerned;

Establishing contact in such manner as [it] may think best with private organizations dealing with
refugee questions;

Facilitating the coordination of the efforts of private organizations concerned with the welfare of
refugees. (Art. 8 of UNHCR Statute)

The organisation’s target audience includes refugees, people who are forcibly displaced from their
homes, asylum seekers, internally displaced persons and stateless people.

The UNHCR was established in 1950 in the wake of the mass displacements caused due to the
Second World War in Europe.

Since then, it has provided relief to thousands of refugees and displaced persons in many parts of
the world.

The UNHCR has also won the Nobel Prize for Peace twice (1954 and 1981).

The chief legal document that governs the work of the UNHCR is the 1951 Refugee Convention.

The organisation works in 135 countries and in India, has offices in New Delhi and Chennai. It first
established its presence in India in 1981.

The UNHCR is headed by the High Commissioner for Refugees.

Its parent organisation is the United Nations General Assembly (UNGA).

The UNHCR gives the Nansen Refugee Award annually to people who work in the field of refugee
rights and protection.

Identification: Gather information on statelessness, its scope, causes and consequences

Prevention: Address the causes of statelessness and promote accession to the 1961 Convention on
the Reduction of Statelessness
 81

Reduction: Support legislative changes and improvements to procedures to allow stateless people to
acquire a nationality and help individuals take advantage of these changes

Protection: Intervene to help stateless people to exercise their rights and promote accession to the
1954 Convention relating to the Status of Stateless Persons.

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Write a note on rights of disabled person.

Office of the High Commissioner for Human Rights (OHCHR)

Disabled persons shall enjoy all the rights set forth in this Declaration. These rights shall be granted
to all disabled persons without any exception whatsoever and without distinction or discrimination
on the basis of race, colour, sex, language, religion, political or other opinions, national or social
origin, state of wealth, birth or any other situation applying either to the disabled person himself or
herself or to his or her family.

Disabled persons have the inherent right to respect for their human dignity. Disabled persons,
whatever the origin, nature and seriousness of their handicaps and disabilities, have the same
fundamental rights as their fellow-citizens of the same age, which implies first and foremost the
right to enjoy a decent life, as normal and full as possible.

Disabled persons have the same civil and political rights as other human beings; paragraph 7 of the
Declaration on the Rights of Mentally Retarded Persons applies to any possible limitation or
suppression of those rights for mentally disabled persons.

Disabled persons are entitled to the measures designed to enable them to become as self-reliant as
possible.

Disabled persons have the right to medical, psychological and functional treatment, including
prosthetic and orthotic appliances, to medical and social rehabilitation, education, vocational
training and rehabilitation, aid, counselling, placement services and other services which will enable
them to develop their capabilities and skills to the maximum and will hasten the processes of their
social integration or reintegration.

Disabled persons have the right to economic and social security and to a decent level of living. They
have the right, according to their capabilities, to secure and retain employment or to engage in a
useful, productive and remunerative occupation and to join trade unions.

Disabled persons are entitled to have their special needs taken into consideration at all stages of
economic and social planning.

Disabled persons have the right to live with their families or with foster parents and to participate in
all social, creative or recreational activities. No disabled person shall be subjected, as far as his or her
residence is concerned, to differential treatment other than that required by his or her condition or
by the improvement which he or she may derive therefrom.

Disabled persons shall be protected against all exploitation, all regulations and all treatment of a
discriminatory, abusive or degrading nature.

Disabled persons shall be able to avail themselves of qualified legal aid when such aid proves
indispensable for the protection of their persons and property. If judicial proceedings are instituted
 82

against them, the legal procedure applied shall take their physical and mental condition fully into
account.

Organizations of disabled persons may be usefully consulted in all matters regarding the rights of
disabled persons.

Disabled persons, their families and communities shall be fully informed, by all appropriate means,
of the rights contained in this Declaration.

Rights of disabled person in India

The persons with disabilities (PWD) (equal opportunities, protection of rights and full participation)
act, 1995

“The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,
1995” had come into enforcement on February 7, 1996. It is a significant step which ensures equal
opportunities for the people with disabilities and their full participation in the nation building. The
Act provides for both the preventive and promotional aspects of rehabilitation like education,
employment and vocational training, reservation, research and manpower development, creation of
barrier- free environment, rehabilitation of persons with disability, unemployment allowance for the
disabled, special insurance scheme for the disabled employees and establishment of homes for
persons with severe disability etc.

Main Provisions of the Act

Prevention and Early Detection of Disabilities -

Education-

Employment - 3% of vacancies in government employment shall be reserved for people with

disabilities, 1% each for the persons suffering from: Blindness or Low Vision, Hearing Impairment,
Locomotor Disabilities & Cerebral Palsy, Suitable Scheme shall be formulated for, The training and
welfare of persons with disabilities, The relaxation of upper age limit, Regulating the employment

Non-Discrimination-

Research and Manpower Development

Research in the following areas shall be sponsored and promoted, Prevention of Disability,
Rehabilitation including community based rehabilitation, Development of Assistive Devices. Job
Identification

Affirmative Action

Aids and Appliances shall be made available to the people with disabilities. Allotment of land shall be
made at concessional rates to the people with disabilities for: House, Business, Special Recreational
Centres, Special Schools, Research Schools, Factories by Entrepreneurs with Disability,

Social Security

Financial assistance to non-government organizations for the rehabilitation of persons with

disabilities. Insurance coverage for the benefit of the government employees with disabilities.

Grievance Redressal
 83

In case of violation of the rights as prescribed in this act, people with disabilities may move an
application to the Chief Commissioner for Persons with Disabilities in the Centre, or Commissioner
for Persons with Disabilities in the State.

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Discuss the rights and freedom provided under the American convention of human rights.

American Convention on Human Rights [selections]

Signed by the Organization of American States on 22 November 1969. Entered into Force 18 July
1978. Goal: To establish international regulations outlining the roles of states in protecting human
rights.

Part I. State Obligations and Rights Protected

Chapter I - General Obligations

Article 1 - Obligation to Respect Rights

1. The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social
condition.

2. For the purposes of this Convention, “person” means every human being.

Article 2 - Domestic Legal Effects

Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by
legislative or other provisions, the States Parties undertake to adopt, in accordance with their
constitutional processes and the provisions of this Convention, such legislative or other measures as
may be necessary to give effect to those rights or freedoms.

Article 4: Right to Life

Every person has the right to have his life respected. This right shall be protected by law and, in
general, from the moment of conception. No one shall be arbitrarily deprived of his life.

In no case shall capital punishment be inflicted for political offenses or related common crimes.

Article 5. Right to Humane Treatment

1. Every person has the right to have his physical, mental, and moral integrity respected.

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

Article 6. Freedom from Slavery

1. No one shall be subject to slavery or to involuntary servitude

2. No one shall be required to perform forced or compulsory labour.

Article 7. Right to Personal Liberty

Every person has the right to personal liberty and security.

 84

Chapter ii - civil and political rights

Article 11 - Right to Privacy

1. Everyone has the right to have his honor respected and his dignity recognized.

2. No one may be the object of arbitrary or abusive interference with his private life, his family, his
home, or his correspondence, or of unlawful attacks on his honor or reputation.

3. Everyone has the right to the protection of the law against such interference or attacks.

Article 12 - Freedom of Conscience and Religion

1. Everyone has the right to freedom of conscience and of religion. This right includes freedom to
maintain or to change one’s religion or beliefs, and freedom to profess or disseminate one’s religion
or beliefs, either individually or together with others, in public or in private.

2. No one shall be subject to restrictions that might impair his freedom to maintain or to change
his religion or beliefs.

3. Freedom to manifest one’s religion and beliefs may be subject only to the limitations prescribed
by law that are necessary to protect public safety, order, health, or morals, or the rights or freedoms
of others.

4. Parents or guardians, as the case may be, have the right to provide for the religious and moral
education of their children or wards that is in accord with their own convictions.

Article 13 - Freedom of Thought and Expression

1. Everyone has the right to freedom of thought and expression. This right includes freedom to
seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in
writing, in print, in the form of art, or through any other medium of one’s choice.

2. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior
censorship but shall be subject to subsequent imposition of liability, which shall be expressly
established by law to the extent necessary to ensure:

(a) Respect for the rights or reputations of others; or

(b) The protection of national security, public order, or public health or morals.

3. The right of expression may not be restricted by indirect methods or means, such as the abuse
of government or private controls over newsprint, radio broadcasting frequencies, or equipment
used in the dissemination of information, or by any other means tending to impede the
communication and circulation of ideas and opinions.

4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by

law to prior censorship for the sole purpose of regulating access to them for the moral protection of
childhood and adolescence.

5. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute
incitements to lawless violence or to any other similar illegal action against any person or group of
persons on any grounds including those of race, colour, religion, language, or national origin shall be
considered as offenses punishable by law.

Article 14 - Right of Reply

 85

1. Anyone injured by inaccurate or offensive statements or ideas disseminated to the public in

general by a legally regulated medium of communication has the right to reply or to make a
correction using the same communications outlet, under such conditions as the law may establish.

2. The correction or reply shall not in any case remit other legal liabilities that may have been
incurred.

3. For the effective protection of honour and reputation, every publisher, and every newspaper,
motion picture, radio, and Television Company, shall have a person responsible who is not protected
by immunities or special privileges.

Article 15 - Right of Assembly

The right of peaceful assembly, without arms, is recognized. No restrictions may be placed on the
exercise of this right other than those imposed in conformity with the law and necessary in a
democratic society in the interest of national security, public safety or public order, or to protect
public health or morals or the rights or freedoms of others.

Article 16 - Freedom of Association

1. Everyone has the right to associate freely for ideological, religious, political, economic, labor,
social, cultural, sports, or other purposes.

2. The exercise of this right shall be subject only to such restrictions established by law as may be
necessary in a democratic society, in the interest of national security, public safety or public order,
or to protect public health or morals or the rights and freedoms of others.

3. The provisions of this article do not bar the imposition of legal restrictions, including even
deprivation of the exercise of the right of association, on members of the armed forces and the
police.

Article 17 - Rights of the Family

1. The family is the natural and fundamental group unit of society and is entitled to protection by
society and the state.

2. The right of men and women of marriageable age to marry and to raise a family shall be
recognized, if they meet the conditions required by domestic laws, insofar as such conditions do not
affect the principle of non-discrimination established in this Convention.

3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. The States Parties shall take appropriate steps to ensure the equality of rights and the adequate
balancing of responsibilities of the spouses as to marriage, during marriage, and in the event of its
dissolution. In case of dissolution, provision shall be made for the necessary protection of any
children solely on the basis of their own best interests.

5. The law shall recognize equal rights for children born out of wedlock and those born in wedlock.

Article 21. Right to Property

1. Everyone has the right to the use and enjoyment of his property.

2. No one shall be deprived of his property except upon payment of just compensation

3. Usury and any other form of exploitation of man by man shall be prohibited by law.
 86

Article 24 - Right to Equal Protection

All persons are equal before the law. Consequently, they are entitled, without discrimination, to
equal protection of the law.

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Discuss the various rights of women under CEDAW (Convention on the Elimination of all forms of
discrimination against women). And state the implementation procedure made under the CEDAW

Discuss the various rights of women and implementation procedure against the discrimination of
women. 10

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted
in 1979 by the UN General Assembly, is often described as an international bill of rights for women.
Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women
and sets up an agenda for national action to end such discrimination.

The Convention defines discrimination against women as "...any distinction, exclusion or restriction
made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men
and women, of human rights and fundamental freedoms in the political, economic, social, cultural,
civil or any other field."

REPRODUCTIVE RIGHTS - Starting

Woman’s biological role as bearer of children has traditionally led to inequality between men and
women. Women are in many cultures considered the property of their husbands or male relatives
and their role in society is principally as childbearing instruments. Traditional inequalities entail that
these women have limited control over their reproductive functions; they often have limited access
to health services and in numerous countries women are not allowed access to family planning
services.

CEDAW stipulates that states have a duty to ensure the right to family planning, information,
counselling and services. This was illustrated by the Committee in Szijjarto v. Hungary (see above).
The Programme of Action adopted by states at the International Conference on Population and
Development (ICPD) (1994) establishes that:

To incorporate the principle of equality of men and women in their legal system, abolish all
discriminatory laws and adopt appropriate ones prohibiting discrimination against women;

To establish tribunals and other public institutions to ensure the effective protection of women
against discrimination; and

To ensure elimination of all acts of discrimination against women by persons, organizations or

enterprises-.

Under international human rights law, women’s reproductive rights are a composite of a number of
separate human rights:

1. The right to equal treatment;

2. The right to privacy;
3. The right to reproductive health and family planning;
4. The right to decide the number and spacing of children;
 87

5. The right to marry and to found a family;

6. The right to life, liberty, and security;
7. The right to freedom from sexual exploitation and assault;
8. The right to freedom from torture and ill-treatment.
9. Employment and Other Economic Rights

The general assembly on November 7, 1967 adopted a declaration on the Elimination of

Discrimination Against Women and in order to implement the principle set forth in the declaration, a
convention on the elimination of All forms of discrimination against women was adopted by the
general assembly on December 18 1`979 after five years of consultations with the commission on
the status of women.

The convention under Para III lays down a number of fields where states parties are required to take
steps to eliminated discrimination against women which includes the following

1) Education: - The convention under article 10 provides that women shall be provided same
conditions for careers and vocational guidance as to that of men. They shall be provided same access
to studies for the achievement of diplomas in educational establishments of all categories in rural as
well as in urban areas. This equality shall be provided in pre-school, general technical, professional
and higher technical education, as well as in all types of vocational training.

Women shall have access to the same curricula, the same examinations teaching staff with
qualifications of the same standard and school premises and equipment of the same quality as to
that of men. Women shall be provided same opportunities as to men in matters relating to
scholarship and other study grant.

2) Employment:- The convention under article 11 provided that states parties shall take all
appropriate measures to eliminate discrimination against women in the field of employment
providing the same rights, in particular,

(a) The right to work;

(b) right to same employment opportunities

(c) Right to free choice of profession and employment

(d) right to equal remuneration including benefits and to equal treatment in respect of work of equal
value as well as equality of treatment in the evaluation of the quality of work.

(e) The right to social security particularly in cases of retirement unemployment, sickness, invalidity
and old age and other incapacity to work, as well as the right to paid leave

(f) right to protection of health and to safety in working conditions. There shall be no discrimination
against women on grounds of marriage or maternity.

3) Health Care :- The convention under Article 12 provides that states parties shall take steps to
eliminate discrimination against women in the field of health care, access to health care services,
including those related to family planning.

4) Economic and Social Life: - Article 13 of the convention provides that discrimination against
women shall be eliminated in other areas of economic and social life. They shall be provided, the
same rights as to that of men in particular

(a) the right of family benefits

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(b) the right to bank-loans, mortgages and other forms of financial credit
(c) the right to participate in recreational activities sports and all aspects of cultural life.

5) Women in Rural Areas: - Article 14 provided elimination of discrimination against rural areas.
States parties are required to ensure such women the right

a) To participate in the elaboration and implementation of development planning at all levels

b) To have access to adequate health care facilities including information counseling and services in
family planning

c) To benefit directly from social security programme

d) To obtain all types of training and education, formal and non-formal, including that relating to
functional literacy, as well as inter alia, the benefit of all community and extension services, in order
to increases their technical proficiency

e) To organize self-help groups and cooperatives in order to obtain equal access to economic
opportunities through employment or self-employment

f) To participate in all community activities

g) to have access to agricultural credit and loans marketing facilities, appropriate technology and
equal treatment in land and agrarian reform as well as in land resettlement schemes and

h) To enjoy adequate living conditions.

6) Equality before law: - Article 15 of the convention provides that states parties shall accord to
women equality with men before the law. Women shall have equal rights to conclude contacts and
to administer property and states parties shall treat them equally in all stages of procedure in court
and tribunals.

7) Marriage and Family Relations: - Article 16 provides that states parties shall take all measures to
eliminate discrimination against women in all matters relating marriage and family relations.
Women shall be provided

(a) The same right to enter into marriage

(b) The same rights and responsibilities during marriage and at its dissolution

(c) The same rights and responsibilities as parents in matters relating to their children.

(d) The same rights to decide freely and responsibly on the number and spacing of their children and
to have access to the information, education and means to enable them to exercise their rights.

(e) The same rights and responsibilities with regard to guardianship, warship trusteeship, and
adoption of children

(f) The same personal rights as husband and wife, including the right to choose a family name a
profession and an occupation

(g) The same rights for both spouses in respect of the ownership, acquisition, management,
administration, enjoyment and disposition of property, whether free of charge or for a valuable
consideration.
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How is Implementation of the Convention Proceeding?

All 11 of the countries in the Southeast Asian region are parties to CEDAW, and all have
constitutional foundations for fostering gender equality. Although uneven throughout the region,
there has been considerable overall progress in applying the CEDAW framework to the development
of laws, policies and institutional planning, as a direct result of efforts by both governments and civil
society.

Legislation reflects this progress – across the region, existing laws have been amended, or new laws
have been enacted on domestic violence, sexual harassment and rape, and anti-trafficking. Several
countries have overarching legislation or bills on gender equality, and many have also implemented,
in the last decade, local and national legislation to improve women’s participation in decision-
making, particularly in electoral and political processes. Many Southeast Asian governments are also
committed to mainstreaming gender equality perspectives in national economic and social planning,
requiring that national development plans include gender equality provisions, and allocating
resources to develop national action plans focused on anti-discrimination and women’s
empowerment.

Civil society groups have done much to help raise awareness about CEDAW and to monitor its
implementation. Most countries have NGO networks that have successfully submitted independent
reports to the CEDAW Committee, providing an important source of information on the situation of
women. A number of these networks have become CEDAW Watch groups – many are now working
on expanding to also include representatives from academia, the media, and government.

Despite this progress however, obstacles remain, and full implementation of CEDAW is still a serious
challenge. The status of the Convention at national levels in most ASEAN countries is unclear,
including especially the status of treaty law vis á vis national law. Greater clarity and understanding
is needed on the role and place of CEDAW with respect to state institutions and civil society,
particularly in regard to policy-making and resource allocation, and in developing national
legislation, judicial decisions, programmes and mechanisms towards achieving gender equality.

Discrimination against women is still deeply rooted in spheres of life such as culture, family and
interpersonal relations. The persistence of strong gender stereotyping in these areas characterizes
much of the region. Patriarchal attitudes and deep-rooted practices regarding the roles and
responsibilities of women and men in family and the society, help legitimize discrimination against
women, and underlie women’s disadvantaged position in areas such as education, employment and
public and political life. They are also a root cause of violence against women, a problem that is
significantly widespread across the region.

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Discuss the civil and political rights declared under United Nations declaration of human rights. 10

The universal Declaration contains 30 Articles. It enumerated therein the basic postulates and
principles of human rights in a most comprehensive manner. Out of 30 Articles while 21 Articles
enumerated Article 2 to 21 deals with the civil and political rights and 22 to 27 deals with the
economic and social rights.

Civil and political Rights

Articles 2 to 21 deal with those civil and political rights which have been generally recognized
throughout the world. These are as follows
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1. Right to life, liberty and security of persons

2. Freedom from slavery or servitude
3. Prohibition against torture, inhuman or degrading t4reatment or punishment
4. Recognition as a person before the law
5. Equality before the law and equal protection of the law without any discrimination
6. Effective remedy before the national tribunals
7. Freedom from arbitrary arrest, detention or exile
8. Right to a fair and public hearing by an independent and impartial tribunal
9. Presumption of innocence until proved guilty in a public trial with all guarantees necessary for
defend in criminal cases
10. Freedom from ex-post facto laws
11. Right to privacy, family, home and correspondence
12. Right to freedom of movement and residence within the borders of a state.
13. Right to leave any country, including his own and to return to his country.
14. Right to seek and to enjoy in other countries asylum form persecution
15. Right to a nationality
16. Right to marry and found family
17. Right to own property
18. Right to freedom of thought conscience and religion
19. Right to freedom of opinion and expression
20. Right to freedom of peaceful assembly and association 21) Right to participate in the
government of his country

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Describe the economic and social rights under European social charter. 10

The European social charter was signed at Turin on October 18, 1961 and came into force on
February 26, 1965. It was adopted by the council of Europe with a view to develop and protect social
and economic right and to achieve greater unity between its members for the purpose of
safeguarding and realizing the ideals and principles which are their common heritage.

The charter contains a number of social and economic rights in part 1 which are as follows

1. Everyone shall have the opportunity to earn his living in an occupation freely entered upon.
2. All workers have the right to just conditions of work.
3. All workers have the right to safe and healthy working conditions.
4. All workers have the right to a fair remuneration sufficient for a decent standard of living for
themselves and their families.
5. all workers and employers have right to bargain collectively
6. All workers and employers have the right to freedom of association.
7. Children and young persons have the right to special protection against the physical and moral
hazards to which they are exposed.
8. Employed women, in case of maternity, and other employed women as appropriate, have the
right to a special protection in their work.
9. Everyone has the right to appropriate facilities for vocational guidance.
10. Everyone has the right to appropriate facilities for vocational training.
11. Everyone has the right to benefit from any measures enabling him to enjoy the higher possible
standard of health attainable.
12. All workers and their dependants have the right to social security.
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13. Anyone without adequate resources as the right to social and medical assistance.
14. Everyone has the right to benefit from social welfare services.
15. Disabled persons have the right to vocational training.
16. The family as a fundamental unit of society has the right to appropriate social, legal and
economic protection to ensure its full development.
17. Mothers and children have the right to appropriate social and economic protection.
18. The nationals of anyone of the contracting parties have the right to engage in any gainful
occupation in the territory of any one of the others on a footing of equality with the nationals
of the latter.
19. Migrant workers have the right to protection and assistance in the territory of any other
contracting party.

The above rights are not binding on the contracting parties. They accept these rights only as the aim
of their policy, to be pursued by all appropriate means both national and international in character
and the attainment of conditions, in which they may be effectively realized. These rights are
therefore like target duties of the states. However, each of the contracting parties undertakes to
consider themselves bound by certain rights.

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Write a note on European commission of human rights. 6

The European Commission of Human Rights was a special body of the Council of Europe. From 1954
to the 1998 entry into force of Protocol 11 to the European Convention on Human Rights, individuals
did not have direct access to the European Court of Human Rights; they had to apply to the
commission, which if it found the case to be well-founded would launch a case in the Court on the
individual's behalf. Protocol 11 which came into force in 1998 abolished the commission, enlarged
the Court, and allowed individuals to take cases directly to it.

Section III of the convention had provided the provisions for the European commission on human
right. The commission consisted of a number of members equal to that of the high contracting
parties. However, the commission did not have two members who were the nationals of the same
state. The members of the commission were elected by the committee of ministers by an absolute
majority of votes from a list of names drawn up by the bureau of the consultative assembly. The
members were elected for a period of six years.

Although the European Commission on Human Rights became obsolete in 1998 with the
restructuring of the European Court of Human Rights, it held an important role in assisting the
European Court of Human Rights from 1953 to 1998. Commission members were elected by the
Committee of Ministers and would hold office for six years (during which time they were to act
independently, without allegiance to any state). Their role was to consider if a petition was
admissible to the Court. If so, the Commission would examine the petition to determine the facts of
the case and look for parties that could help settle the case in a friendly manner. If a friendly
settlement could not take place, the Commission would issue a report on the established facts with
an opinion on whether or not a violation had occurred. A Committee of three people determined the
admissibility of a petition. For difficult decisions, however, a Chamber consisting of seven people
handled it.

Functions of the European commission

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The main function of the commission was to receive complaints from any high contracting party
through the secretary-general of the council of Europe as to the breaches of the provisions of the
convention. The commission could receive petitions from any person, nongovernmental
organization or group of individual claiming to be the victims of a violation by one of the high
contracting parties. The system of making petitions by the individuals against his own government to
the commission for the violation of the rights guaranteed by the convention was indeed the most
distinctive feature of the European convention.

However, individuals could make a petition only when the high contracting party had declared that it
recognized the competence of the commission to receive such petitions. Thus, the commission could
receive complaints from the high contracting parties and the individuals. But the system of making
petitions before the commission by the individual and by the high contracting parties was different.
Individuals could file a complaint only against those states parties which have declared that they
recognise4d the competence of the commission. Thus the individual's petition was optional

The commission did not receive anonymous complaints. It examined only those matter's where all
domestic remedies had been exhausted. The commission did not deal any petition which has already
been examined by the commission or has already been submitted to another procedure or
international investigation or settlement and if it contains no relevant new information.

The commission considered inadmissible any petition which it considered incompatible with the
provisions of the convention, manifestly ill-founded or an abuse of the right of petition.

If the commission found any complaint admissible it stated its functioning in two ways. The first was
the investigation of the application for ascertaining the facts, and second was securing a friendly
settlement of the matter on the basis of respect for human rights these two functions were
performed by a sub-commission consisting of seven members.

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State the civil and political rights and economic and social rights which are guaranteed under
Indian constitution. 10

I. Civil Rights:

1. Right to Life:

The right to life is a basic civil right. Without this right, there can be no safety either for the
individual or for the society. However right to life does not mean the right to end life or to commit
suicide. Suicide is a crime against the society and the self.

2. Right to Family Life:

Right to family life is of great significance for the continuation of human race. Every state recognises
the sanctity of family life and the institution of marriage. One can marry the person of his/her choice
and produce children. But state can make some laws for regulating family welfare. These can deal
with bigamy, polygamy, polyandry, marriage, divorce, property, rights of family children, succession,
etc.

3. Right to Education:

Education for a human being is as essential as air, food and water. Unless the people are educated,
they cannot really participate in the working of society and government. Uneducated persons
cannot understand the issues and problems, express their views, and criticise the government. This
 93

is the reason that now almost every state gives every opportunity to its citizens to get education.
Without right to education, no citizen can really hope to develop his faculties.

4. Right to Personal Freedom:

Right to personal freedom is absolutely essential for the mental and physical growth of individual.
But this does not mean that the individual can do whatever he likes. Right to personal freedom can
be enjoyed in accordance with the laws made by the state and also in accordance with the interests
of society.

5. Right to Religious Freedom:

In a democratic and secular state right to religious freedom is also given to its citizens. State does
not impose any religion on them and they are free to adopt any religion, and establish their religious
institutions.

6. Right to Freedom of Thought and Expression:

Right to freedom of thought and expression is also very important for personality development. All
person want freedom to express and exchange with others their views and ideas.

7. Right to Freedom of Movement:

Every citizen has the right to move freely throughout the country. Citizens are also given the right to
go abroad. However certain areas can be made restricted areas.

8. Freedom of Press:

Press is considered the guardian of the rights of the citizens. Therefore, in democratic countries,
citizens are given the right to get their views printed in newspapers and periodicals. This right is
essential for spreading education and information among the people.

9. Right to Equality:

In a modern democratic state individual are granted the right to equality. Ho discrimination is done
on the basis of religion, language, caste, sex, colour and the like. Everyone is given equal opportunity
to develop.

10. Right to Justice:

To save the weak and the poor, right to get justice is also given. If this right is not given, many other
rights also become meaningless. People are given the right to go to court for securing justice.

11. Freedom to Form Associations:

In order to fulfill his social, economic, political and cultural needs, many forms different types of
associations and the state recognises their right to do so. For the protection of his interests
individual is free to become a member of any association. But state does not permit the formation of
such associations as are considered harmful to the interest of the state or society.

12. Right to Cultural Freedom:

In secular democratic countries, the citizens are given the right to cultural freedom. They are free to
develop their languages, customs, folkways, literatures, and traditions.

13. Right to Contract:

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The right to contract enables the citizens to enter into free contracts with others. This is an essential
condition of civilized life as without this social, economic and political relations cannot be really
established.

II. Political Rights:

1. Right to Vote:

In a democratic state, every adult citizen is given the right to vote. By the use of this right, citizens
elect the government of their choice. This right is given only to the adults i.e. persons above a
particular age 18 years or 21 years.

2. Right to get elected:

In a democratic state every citizen is also given the right to get elected to any public office. He can
get elected to a legislature, or municipal corporation/ municipal committee or panchayat and work
as its member. Some qualifications are however fixed for seeking election.

3. Right to Hold Public Office:

Citizens also have the right to hold public offices after getting elected as representatives of the
people. While fixing qualifications, no discrimination is made and proper care is taken that only
competent persons may get elected.

4. Right to Petition:

Citizens have the right to petition and they can send applications individually or collectively to the
authorities for the redress of their grievances.

5. Right to Form Political Parties:

In every democratic state; people have the right to form their political parties and to participate in
the political process through these.

6. Right to Criticise:

In a democratic state citizen also enjoy the right to criticise the politics of the government. It is
through the exercise of this right that the government is made responsible.

7. Right to oppose the Government:

Citizens of a democratic, like India, have the right to oppose the government when it may fail to
protect their interests. However such a resistance has to be peaceful and by constitutional means.
All these civil, economic and political rights are granted and guaranteed by the state, in fact by a
democratic state, to all its citizens without any discrimination.

III. Social and Economic Rights:

1. Right to Work:

Right to work is essential for the good living and the fulfillment of the various needs of the person.
Every modern state tries to give the right to work to its people.

2. Right to Adequate Wages:

 95

A person has the right not only to work but also the right to be paid adequate wages for his labour.
For this purpose, state fixes minimum wages according to the quality and quantity of work. Wage is
always regarded as a reward for the work done.

3. Right to Property:

Right to property is as natural to man as family. It means the right to retain the surplus wealth or
money and purchase immovable or movable property. Property contributes towards the growth of
culture and civilization. Right to property is a natural corollary of right to adequate wages.

4. Right to Rest and Leisure:

After working for some hours and days man needs rest because he is not a machine which can work
continuously. Therefore, the state gives the right to rest and leisure which enables the workers to
protect their health. For this purpose state Fixes working hours, makes provisions for a break or
interval between the working hours, establishes rest houses etc.

5. Right to Economic and Social Security:

In a modern welfare state, citizens are also given the right to economic and social security. State
provides security in case of old age, sickness, unemployment etc. Most of the states give old age
pensions, unemployment allowances, benefits of provident fund, financial helps during illnesses or
accidents or natural calamities.

6. Right to fixed hours of Work:

The modern state also fixes the hours of work per day. No one can be forced to work for more than
fixed hours.

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Write a note on right to self-determination. 6

The right to self-determination refers to the right of an individual to determine his own destiny. The
right allows people to choose their own political status and to determine their own form of
economic, cultural and social development. Exercise of this right can result in a variety of different
outcomes ranging from political independence to full integration within a state. The importance of
the right lies in the right of people to make a choice. In practice, however, the possible outcome of
the exercise of self-determination often determines the attitude of governments towards the actual
claim by a person or nation. Nevertheless, the right to self-determination is a right that is recognized
in international law as a right of the process belonging to people and not to states or governments.

What is Self-determination in International Law?

Article I of the Charter of the United Nations explains the principle of self-determination. The
principle was first incorporated under the 1941 Atlantic Charter and the Dumbarton Oaks proposals
which subsequently evolved into the United Nations Charter. Its inclusion in the United Nations
Charter marks the universal recognition of the principle of self-determination as a fundamental to
the maintenance of friendly relations and peace among the states. It is a right which is recognized in
the first article common to the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights which both entered into force in
1976. Paragraph 1 of this Article provides that every person has the right to self-determination. By
virtue of the said right, people can freely determine their own political status and freely pursue their
economic, social and cultural development.
 96

Criteria for the right to self-determination

It can be said that an individual has realized his right to self-determination when he either:

1. Establishes a sovereign and independent state;

2. Freely associates with another state; or
3. Have freely integrated with another state after expressing their will to do so.

The definition of realization of self-determination was confirmed in the Declaration of Friendly

Relations.

Instruments protecting the right to self-determination

The right to self-determination of the people is also recognized under other international and
regional instruments. The Declaration of Principles of International Law Concerning Friendly
Relations and Co-operation among States adopted by the United Nations General Assembly in 1970,
the Helsinki Final Act adopted by the Conference on Security and Co-operation in Europe in the year
1975, the African Charter of Human and Peoples Rights of 1981, the CSCE Charter of Paris for a New
Europe adopted in the year 1990, and the Vienna Declaration and Programme of Action of 1993 also
includes the concept of the right to self-determination. Furthermore, the scope and content of the
right to self-determination have been elaborately explained by the United Nations Human Rights
Committee.

The right to self-determination which has been included in the International Covenants on Human
Rights and in the Vienna Declaration and Programme of Action emphasizes that the right to self-
determination is an integral part of human rights law and it has a universal application. At the same
time, the right of self-determination can be said to be a fundamental right which is necessary for the
enjoyment of other human rights and fundamental freedoms which include their civil, political,
economic, social and cultural rights.

Self-Determination and Human Rights

Whenever self-determination is involved, a confusion between political goals and basic human rights
norms, humanitarian issues evolve. There is also a potential impact of self-determination that it
claims to encourage violent conflict. Although it is a truism, it also needs to be reiterated that more
human rights are violated during the time of wars than at any other time. If the policymakers do not
come to a better understanding of how to respond to the claims for self-determination, then such
claims are likely to increase. It is also possible that the number of violent conflicts increases, and if
the conflicts will increase then it will have a direct impact on the entire gamut of international
human rights. At the same time, if human rights alone are concentrated upon then it is possible that
all the human rights that we want to protect can be protected and violence can be curbed. By doing
so it is not possible that the disputes over self-determination will disappear, but they can be
resolved by the countries.

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Explain the constitution and functions of national commission of backward classes. 10

What is NCBC?

102nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission
for Backward Classes (NCBC).
 97

It has the authority to examine complaints and welfare measures regarding socially and
educationally backward classes.

Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment.

What is the Background of NCBC?

Two Backward Class Commissions were appointed in 1950s and 1970s under Kaka Kalelkar and B.P.
Mandal respectively.

Kaka Kalelkar commission is also known as the First Backward Classes Commission.

In Indra Sawhney case of 1992, Supreme Court had directed the government to create a permanent
body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes
for the purpose of benefits and protection.

In pursuant to these directions parliament passed National Commission for Backward Classes Act in
1993 and constituted the NCBC.

123rd Constitution Amendment bill of 2017 was introduced in Parliament to safeguard the interests
of backward classes more effectively.

Parliament has also passed a separate bill to repeal the National Commission for Backward Classes
Act, 1993, thus 1993 act became irrelevant after passing the bill.

The bill got the President assent in August 2018 and provided the constitutional status to NCBC.

What is the Structure of NCBC?

The Commission consists of five members including a Chairperson, Vice-Chairperson and three other
Members appointed by the President by warrant under his hand and seal.

The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other
Members is determined by President.

What are the Constitutional Provisions regarding NCBC?

Article 340 deals with the need to, inter alia, identify those "socially and educationally backward
classes", understand the conditions of their backwardness, and make recommendations to remove
the difficulties they face.

102nd Constitution Amendment Act inserted new Articles 338 B and 342 A.

The amendment also brings about changes in Article 366.

Article 338B provides authority to NCBC to examine complaints and welfare measures regarding
socially and educationally backward classes.

Article 342 A empowers President to specify socially and educationally backward classes in various
states and union territories.

He can do this in consultation with Governor of concerned State.

However, law enacted by Parliament will be required if list of backward classes is to be amended.

What are the Powers and Functions of NCBC?

 98

The commission investigates and monitors all matters relating to the safeguards provided for the
socially and educationally backward classes under the Constitution or under any other law to
evaluate the working of such safeguards.

It participates and advises on the socio-economic development of the socially and educationally
backward classes and to evaluate the progress of their development under the Union and any State.

It presents to the President, annually and at such other times as the Commission may deem fit,
reports upon the working of those safeguards. The President laid such reports before each House of
Parliament.

Where any such report or any part thereof, relates to any matter with which any State Government
is concerned, a copy of such report shall be forwarded to the State Government.

NCBC has to discharge such other functions in relation to the protection, welfare and development
and advancement of the socially and educationally backward classes as the President may, subject to
the provisions of any law made by Parliament, by rule specify.

It has all the powers of a civil court while trying a suit.

To investigate and monitor all the matters of the socially and educationally backward classes under
the Constitution or under any other law that are related to the proper working of the safeguards
provided.

To participate and advise actively on the socio-economic development of the socially backward
classes along with evaluating the progress of their development.

It annually presents the reports based on the working of the safeguards to the President. If any of
those reports relate to any matter which is concerned with the State Government, a copy of that
report is forwarded to the State Government.

NCBC is responsible for the protection, welfare, development and advancement of the socially and
educationally backward classes.

Providing justice to the socially and educationally backward sections of society.

Address the concerns of the backward classes and bring social equality in society.

Help the backward classes people fight atrocities against them and ensure quick justice to them.

Including a woman member from the backward classes in the proposed Commission is a welcome
move.

It would also not encroach upon the rights of state governments as they would have their own
backward class commissions.

It brings the NCBC on par with the National Commission for Scheduled Castes and the National
Commission for Scheduled Tribes.

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Explain the fundamental rights under the Indian constitution for the protection of Human rights.

Introduction to Human Rights and Fundamental Rights

 99

The Rights and Fundamental Rights are sections of the Constitution of India that provides people
with their rights. These Fundamental Rights are considered as basic human rights of all citizens,
irrespective of their gender, caste, religion or creed. Etc. These sections are the vital elements of the
constitution, which was developed between 1947 and 1949 by the Constitution of India.

There are six fundamental rights in India. They are Right to Equality, Right to Freedom, Right against
Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to
Constitutional Remedies.

Browse more Topics under The Indian Constitution

The Constitution of India

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies

1. Right to Equality

Right to Equality ensures equal rights for all the citizens. The Right to Equality prohibits inequality on
the basis of caste, religion, place of birth, race, or gender. It also ensures equality of opportunity in
matters of public employment and prevents the State from discriminating against anyone in matters
of employment on the grounds only of religion, race, caste, sex, and descent, place of birth, place of
residence or any of them.

2. Right to Freedom

Right to freedom provides us with various rights. These rights are freedom of speech, freedom of
expression, freedom of assembly without arms, freedom of movement throughout the territory of
our country, freedom of association, freedom to practice any profession, freedom to reside in any
part of the country. However, these rights have their own restrictions.

3. Right against Exploitation

Right against Exploitation condemns human trafficking, child labor, forced labor making it an offense
punishable by law, and also prohibit any act of compelling a person to work without wages where he
was legally entitled not to work or to receive remuneration for it. Unless it is for the public purpose,
like community services or NGO work.

4. Right to Freedom of Religion

Right to Freedom of Religion guarantees religious freedom and ensures secular states in India. The
Constitutions says that the States should treat all religions equally and impartially and that no state
has an official religion. It also guarantees all people the freedom of conscience and the right to
preach, practice and propagate any religion of their choice.

5. Cultural and Educational Rights

Cultural and Educational Rights protects the rights of cultural, religious and linguistic minorities by
enabling them to conserve their heritage and protecting them against discrimination. Educational
rights ensure education for everyone irrespective of their caste, gender, religion, etc.
 100

6. Right to Constitutional Remedies

Right to Constitutional Remedies ensures citizens to go to the supreme court of India to ask for
enforcement or protection against violation of their fundamental rights. The Supreme Court has the
jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any
violation, award compensation as well to the affected individual.

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2018 June/July

In a government industrial establishment one of the rules provided that women employees will have
to compulsorily retire if they become pregnant. The chairperson of the Karnataka state women
development corporation has questioned the rule in a court of law. Discuss. 10

Poor people are living in remote areas without proper living conditions. They only have small huts.
There is no proper infrastructure necessary to enable them to live and develop as human beings.
Whether the human rights of these poor people are violated? Analyse. 10

A well-known actress made a statement in a public platform that pre-marital sex is not an offence.
But precaution shall be taken before such pre-marital sex. It was strongly opposed and protested by
the people alleging that this statement is an attack on moral and religious sentiment of the society.
The contention of the actress is that the statement is protected under article 19 (1) (a) of the
constitution. Decide.

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2017 December

Mahadeshi, a tribal group living in Karunadu forests for over 50 years has been thrown out from
there by the government. The group has challenged this action before district human rights court.
Decide. 10

Subhash and Shobha were accused of dowry harassment against her daughter in law Rathi. Both got
anticipatory bail but still both were arrested brought to the police station in the evening and made
to sit throughout the night. In the police station then pleaded that they got Anticipatory bail but
copy of the order was not reached them. Very next day they file complaint against police inspector
for violation of human rights. Advice. 10

A child, aged 4 years, not permitted admission to school to study LKG. The Moksha primary school
advised the parents, but parents made clear to them that they will not send the child till 5 years 10
months age completes. Is it a violation of child rights? Solve. 10

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2017 June/July

A member of watch peace organisation was making preparations to go abroad. The government
suspecting that after going abroad the member may make unnecessary allegations against the
government has impounded his passport. Is it justifiable? 10

Siddik was detained in jail under preventive detention act. He wrote a scientific book in prison and
sought the permission of the government to send it to his wife for publication. Government refused
permission to him. Is the stand of the government justifiable? Give reasons. 10
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A person aged about 26 years was detained by the Sub-inspector of police at police outpost on the
charge of theft. Later, his dead body with wounds was found near a railway track. All the evidences
indicated custodial death. The victim’s mother has filed a writ petition against the government and
police for monetary compensation. Is he entitled to get compensation? Discuss. 10

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2016 December

The Government of Germany has detained Joy Adamson on the charges of committing terrorist
activities. He has been kept in prison for more than 6 months without trial. He has challenged his
detention as violative of Article 5 and ^ of the European convention on Human rights. Decide.

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2016 June/July

Mr Ananda Navada is one of the leaders of the ruling VJP party in the state. He wanted to become
the deputy chief minister, but the chief minister Mr Ramesh has rejected his demand. Dissatisfied,
Ananda Navada has started dissident activity to bring down Mr Ramesh. The chief minister has
ordered the secret hearing of Navada’s phone conversations to know about his activities. Mr Naveda
has filed a writ petition in the high court alleging that his human rights are violated. Decide.

A poor labourer was accused of committing theft in a Jewellery shop and he was arrested by the
police and produced before the court. The poor labourer has no money to pay for engaging an
advocate. What is the duty of the state? Discuss.

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2015 December

The Framers of the Indian constitution were influenced by the concept of human rights and
guaranteed most of the human rights contained in the Universal declaration of human rights. 16

A woman was arrested on the charge of theft and was placed in judicial custody. Even after six
months, the trial had not commenced. Being very poor and unable to engage a lawyer, she could not
apply for bail. She wrote a letter to the chief justice of the high court for her release. The chief
justice ordered the state government provide a lawyer to her and also to pay the lawyer’s fee. The
state government has challenged the order in the Supreme Court. Discuss.

The Karnataka state government gave permission to a company to start chemical manufacturing
factory in a village near Bangalore city in the year 2011. Two big lakes are situated near the village.
After two years the chemical factory started releasing polluted waste water into one of the lakes.
This started polluting the lake water and also damaged environment. This resulted in health
problems to the villagers and they want to protect their village. Advice the villagers. 10

Bhanumathi was arrested on charges of killing her husband and she was kept in judicial custody.
Every time she was brought to the court from prison she was handcuffed. She has written a letter to
the chief justice of the high court requesting that handcuffing be stopped as it violates her human
rights. Will she succeed?

Smt. Ramakka a coolie working in Kolar fell down from a running train and suffered serious leg
injuries. She was taken to government hospital but she was denied medical aid due to non-
availability of beds. Later on she was admitted to a private hospital where she had to spend Rs 3
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Lakh for her treatment. She claimed that amount from the government. Decide the liability of the
government.

Manager to help age India organisations was making preparations to go abroad. The government
suspecting that after going abroad the manager may make unnecessary allegations against the
government has impounded his passport. Is it justifiable? 10

Javeed was detained in jail under Preventive detention act. He wrote a scientific book in prison and
sought the permission of government to send it to his wife for publication, government refused
permission to him. Is the stand of the government justifiable? Give reasons. 10

The West Bengal state government gave permission to a company to start cement manufacturing
unit in a village near Durgapur in the year 2018. Two big lakes are situated near the village. After two
years the cement factory started releasing polluted waste water into one of the lakes. This started
polluting the lake water and also damaged the environment. This resulted in health problems to
villagers and they want to protect their village. Advice the villagers. 10

The government of Irish has detained Mr James on the changes of committing terrorist activities. He
has been kept in prison for more than 5v months without trial. He has challenged his detention as
violate of Article 5 and 6 of the European convention on human rights. Decide. 10

Ramakka, a poor lady in big bazar showroom was arrested by police and produced before the court
for committing an offence of theft. She doesn’t have enough money to engage an advocate. What is
the duty of the state? Discuss. 10

Shashikumar, a MP of Rajampet constituency was arrested on charges of killing his wife and he was
brought to the court from prison he was hand cuffed. He has written a letter to the chief justice of
the supreme court requesting that hand cuffing be stopped as it violates his human rights. Will he
succeed?