RIGHTS of DISABLED
Meaning of Disability:
Disability is an impairment that may be cognitive, development, intellectual, activity, limitations,
sensory or some combination of these. It substantially affects a person’s life activities and may
be present from birth or occur during a person’s lifetime.
The Convention On The Rights of Persons With Disabilities:
The Convention on the Rights of Disabilities is an international human rights treaty of the United
Nations intended to protect the Rights and dignity of persons with disabilities. Parties to the
convention are required to promote , protect and ensure the full enjoyment of human rights by
persons with disabilities and ensure that they enjoy full equality under the law.
Constitutional Rights of Disabled Persons:
1. Prohibition of Discrimination:
Article 15 protects from discriminatory state activities. Article 15(2) says, no citizen shall be
subjected to any disabilities liability restriction with regard to :
(a) Access to shops, public restaurants, hotels etc; or
(b) The use of wells, tanks, roads and places of public resort
2. Equity In Social, Economics And Cultural Rights:
Article 25 of the CRDP recognizes the right of a person with disabilities to education. State
parties shall ensure an inclusive education system at all levels and lifelong learning.
3. Right To Work:
Article 27 of the CRDP instructs states to “recognizes the right of persons with disabilities to
work, on an equal basis with others; this includes the rights to opportunity to gain a living by
work freely.
4, Right To Liberty:
Article 14 of the CRPD instructs state parties to guarantee people with disabilities the right to
liberty and security of person.
5. Right To Freedom of Expression:
In article 21, the CRPD states that to “take all appropriate measures to ensure that persons with
disabilities can exercise the right to freedom of expression and opinion.
RIGHTS OF CHILDREN
Meaning
Children's rights are entitlements that protect their well-being and ensure their healthy
development, including the rights to survival and development (life, health, nutrition, name),
protection (from abuse, neglect, exploitation, and violence), participation (to express views and
be heard), and education. These are fundamental rights for all children under 18, regardless of
their background, and are enshrined in the UN Convention on the Rights of the Child.
Right to survival and development
· Right to life: Every child has an inherent right to life.
· Right to an identity: Every child has the right to a name, nationality, and to be cared for
by their parents.
· Right to health and nutrition: Children have the right to the highest attainable standard of
health, good nutrition, and proper healthcare services.
· Right to development: This includes access to early childhood development services and
information.
Right to protection
· Protection from harm: Children have the right to be protected from all forms of violence,
abuse, neglect, and exploitation, including sexual exploitation.
· Protection from hazardous work: Children must be protected from performing work that
is dangerous to their life and development.
· Family and social environment: Children have the right to live with their parents and to
be reunited with them if separated.
Right to participation
· Freedom of expression: Children have the right to freely express their opinions and have
them taken seriously.
· Participation: They have the right to participate in activities and decisions that affect
them.
Right to education
· Right to education: Every child has the right to a quality education and should have the
opportunity to complete schooling.
· Non-discrimination: The right to education is for all children, regardless of their
background, origin, or status.
Additional rights
· Right to rest and leisure: Children have the right to rest, leisure, play, and to participate in
cultural and artistic life.
· Right to an adequate standard of living: This includes access to adequate housing, food,
and clothing.
· Right to non-discrimination: All rights are guaranteed without discrimination of any kind
based on race, gender, religion, or other status.
RIGHT TO SELF-DETERMINATION
Introduction
The human right to self-determination is the right of a people to determine its own destiny. This
right allows a people to choose its own political status and to determine its own form of
economic, cultural and social development. he right to self-determination is recognized in
international law as a right of process belonging to peoples; hence it is considered as a group
right or third generation right.
History and Development of Right to Self Determination:
The desire for self-determination is ancient but the idea is modern. The desire for democracy or
republican government can be traced back to Greek civilization. The Greek city-states had some
form of democratic governments.
The origins of the modern concept of self-determination can be traced back to the American
Revolution and the Declaration of Independence, 1776.
Towards the end of the First World War, the principle of self-determination was proposed as a
foundation for international order but this attempt made by Woodrow Wilson has failed.
As a legal right at international law, the right to self-determination has been recognized only after
the Second World War. The United Nations Charter, 1945 offered the first step in the
transformation to legality by proclaiming as one of its purposes the promotion of ‘friendly
relations among nations based on respect for the principle of equal rights and self-determination
of peoples’.
Further this right has received the binding nature through its inclusion in two international
covenants such as: The International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights in 1966. Subsequently the scope of right to
self determination as a legal right has been specifically emphasized by the UN Resolution
637/1970, where the right of people to self-determination was considered a basic condition for
the enjoyment of other rights and freedoms.
Right to Self Determination: A Group Right
It is to be noted here that the international legal instruments on right to self-determination refer to
the right of self-determination as belonging to “all peoples”. However, the term “peoples” is not
defined in international law.
Dimensions of Right to Self Determination
The right to Self-determination has various dimensions and therefore the term self-determination
can be termed as an umbrella concept. The most important dimensions according to most of the
jurists are:
a) Internal self-determination, and
b) External self-determination.
Internal self-determination is generally held as ‘the right to choose their [the people] form of
government and to determine the social, economic, and cultural policies of the state’.
Internal self-determination according to Cassese includes freedom to choose one’s own
government, control over natural resources, and non-interference in others’ matters especially
between two fighting groups.
The Role of Amnesty International in the Protection of Human Rights
Introduction
Amnesty International (AI) stands as a pivotal organization in the global landscape of human
rights advocacy. Founded in 1961 by British lawyer Peter Benenson, Amnesty International
emerged from a call to action against the imprisonment of individuals for their beliefs, evolving
into a comprehensive movement dedicated to the protection and promotion of human rights
worldwide.
Historical Context and Mission
Amnesty International began with a focus on individuals detained for their political beliefs
without advocating violence. Over the decades, its mission expanded to encompass a broader
range of human rights issues, including torture, discrimination, and the rights of marginalized
communities. Amnesty International's vision is a world where every person enjoys all human
rights as outlined in the Universal Declaration of Human Rights.
Key Areas of Focus
Amnesty International operates across several critical areas:
- Ending Torture: Amnesty International campaigns vigorously against torture and cruel
treatment, advocating for legal reforms and adherence to international standards.
- Abolition of the Death Penalty: The organization works towards the global abolition of capital
punishment, arguing that it violates fundamental human rights.
- Rights of Refugees: Amnesty International promotes the protection of refugees and asylum
seekers, ensuring their rights are upheld amidst global crises.
- Protection of Vulnerable Groups: This includes advocating for women's rights, children's rights,
and the rights of minorities and indigenous populations.
Research and Advocacy
Amnesty International conducts rigorous research into human rights abuses. The organization
conducts investigations, publishes reports, and mobilizes public opinion to apply pressure on
governments and institutions.
Global Influence and Collaboration
Amnesty International plays a significant role in shaping international human rights standards.
Amnesty International has been instrumental in promoting treaties such as the UN Convention
on Civil and Political Rights and has contributed to the establishment of institutions like the
International Criminal Court.
Amnesty International empowers individuals worldwide to become advocates for human rights
through education and awareness campaigns. Initiatives like Amnesty Academy provide
resources for learning about human rights issues, fostering a global community committed to
activism. The organization encourages ordinary people to participate in protests, sign petitions,
and engage in advocacy efforts that amplify their voices against injustice.
Conclusion
Amnesty International embodies a powerful force for change in the realm of human rights
protection. Through its extensive research, advocacy efforts, and community mobilization,
Amnesty International not only addresses immediate violations but also works towards systemic
changes that uphold human dignity globally. As it continues to confront challenges such as state-
sponsored violence, discrimination, and repression, Amnesty International remains dedicated to
its mission: ensuring that every individual can enjoy their inherent human rights without fear or
favor.
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (CEDAW), 1979
INTRODUCTION:
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),
is an international convention that was adopted by the United Nations General Assembly on
December 18, 1979. it is referred to as an "international bill of rights for women". The
Convention is divided into six sections, with a total of 30 Articles. It was establised on
September 3, 1981, and has been ratified by 189 states.
OPTIONAL PROTOCOL
Optional protocols to human rights treaties are treaties in their own right that can be signed,
acceded to, or ratified by nations who are parties to the treaty. The optional protocol to the
CEDAW includes:
Communications Procedures:
Individuals and groups of women have the right to protest about violations of the Convention to
the Committee on the Elimination of Discrimination against Women. This is known as the
"communication procedure".
Inquiry Procedure
This procedure permits the committee to conduct investigations of grave or systematic Optional
Protocol parties. This capability, known as an inquiry mechanism, is provided in Article 8 of the
OPtional Protocol. The inquiry procedure:
1. Allows an international committee of experts to investigate serious violations of women's
human rights.
2. Allows for the investigation of widespread infractions in situations when individuals or groups
may unable to communicate .
3. Allows the committee to make recommendations on the structural reasons of violations
4. and enables the committee to address a wide range of concerns in a specific country.
IMPORTANCE AND NEED OF THE CEDAW
General Importance
CEDAW is frequently referred to as the "bill of rights for women". Countries that have ratified
the Convention are expected to incorporate it into their national legislation and take the
appropriate steps to guarantee that women and girls throuhout the country have the chance to
enjoy equality in their lives. eventhough other international treaties focus on minimizing
discrimination based on sex, the CEDAW is unique in that it gives special attention to women
and has formed a set of guidelines on various aspects of women's human rights that may
contribute to discrimination in any form.
CEDAW mandaes all countries to eliminate/eradicate discrimination against women in all
spheres. the Convention lays the groundwork for achieving gender equality by assuring women's
equal access to and participation in political and public life, including the ability to vote and
stand for election and education, health and employment.
The Convention is the only human rights treaty that recognizes women's reproductive rights and
recognizes culture and tradition as powerful influences on gender roles and family relationships.
It affirms women's rights to acquire, modify, or preserve their nationality, as well as their
children's nationality. State parties further commit to take adequate action to combat all kinds of
female trafficking and exploitation.
Importance to Youth
CEDAW addresses