Unit-I

A) Values in Human Rights- The fundamental values of human rights are dignity,
equality, respect, fairness, freedom, and non-discrimination, which ensure that
every person is treated with inherent worth, regardless of their background or
circumstances. These principles are universal, meaning they apply to everyone,
everywhere, and form the basis for essential rights like life, liberty, education, and
expression. Upholding these values helps create stable, harmonious, and
prosperous societies.

Core Values

1. Dignity: The inherent worth of every individual, recognizing that all humans are
equal in this respect.

2. Equality: The principle that everyone is entitled to the same basic rights and
freedoms without discrimination.

3. Fairness and Justice: The idea that people deserve fair treatment and
opportunities, irrespective of their characteristics.

4. Freedom: The ability to make genuine choices in daily life and express oneself
without oppression.

5. Respect: Valuing the individuality and essential worth of each person, fostering
mutual respect and understanding.

6. Non-discrimination: The prohibition of judging people's rights and opportunities

based on their race, ethnicity, religion, gender, or other characteristics.

B) Meaning, features, scope and significance of Human rights and types

Meaning and Scope of Human Rights

“Rights are those conditions of social life without which no man can seek in
general, to be himself at his best. “– Laski.

Human rights are the most fundamental and basic rights that every person has right
from the second he/she took birth and it continues till he/she dies. Human rights
cannot be taken away from a person regardless of religion, caste or faith a person
chooses to believe in. However, human rights can be restricted to an extent.
Human rights are the pathway to getting justice. These are the protective laws.
There are thirty Human rights that are described in The Universal Declaration of
Human Rights (UDHR).

Examples of Human Rights

Right to equality (Article 1)

Right to life, liberty and security (Article 3)

Freedom from torture and degrading treatment (Article 5)

Freedom from slavery (Article 4)

Right to education (Article 26)

Right to peaceful assembly and association (Article 20)

Right to adequate living standard (Article 25)

Freedom of Belief and Religion (Article 18)

Freedom of Opinion and Information (Article 19)

Nature and Characteristics of Human Rights

1) These rights are essential and fundamental– In the absence of human rights, the
society would be in a deplorable state. There would be chaos all around. Human
rights are a necessity for the upliftment of people.

2) Human rights are universal– The rights do not discriminate against the people.
These rights are available to all the people equally without taking note the varied
differences among the people.

3) Not absolute– Human rights are never absolute. Each right has its limitations
which is imperative to public health, order and morality. These rights are not
unbridled.

4) Inalienable– Human rights are inalienable in nature. Nobody can deprive a

person of these rights. Moreover, human rights are inalienable because:
a. They cannot be rightfully taken away

b. They cannot be given away or be forfeited

5) Interdependent– Human rights are interdependent on other rights.

6) Dynamic– These rights are not static. They can be modified according to the
prevailing situations and conditions.

7) Irrevocable– The human rights are irrevocable; they cannot be taken away by
anybody. No power or authority can take away these basic rights from a person.

8) Connected with dignity– These human rights are deeply connected with the
dignity of the individuals living in a society.

9) These are similar to moral rights. Conscience is regarded important.

10) Human rights are inherent– The rights cannot be brought or borrowed from
somewhere or someone. There rights are naturally existing.

C) Types of Human Rights

There are five types of human rights, Civil, Political, Economic, Social and
Cultural Human rights.

1) Civil Rights– These individual civil rights include life, liberty, security of
people, privacy freedom of movement, speech, thought conscience, subjecting no
one to arbitrary arrest, detention or exile, practicing religion and beliefs etc.

2) Political rights– These involve right to expression, assembly and association,

right to participate in government affairs. It also involves the right of universal and
equal suffrage and entitlement of right to a nationality.

3) Economic Rights– These are the rights which are essential to lead a healthy life.
These rights have been included in Charter on the Human Rights as well like the
right to own property, right to social security, right to work, right of equal pay for
equal work without discriminating on various kinds of parameters.
4) Social Rights– These rights govern the smooth functioning of the society. Right
to marry and set up a family, right to free and compulsory education etc. constitute
a part of the social rights.

5) Cultural rights– Man is a social animal and hence these rights are deemed
necessary. Everyone has the right to participate in cultural activities. Denial of
these rights result in infringement of human rights which is against the law.

D) Generations of Human Rights

1. First-Generation Rights (Civil and Political Rights)

- Theme: Liberty

- Origin: 17th and 18th centuries, influenced by the Enlightenment and the
American and French Revolutions.

- Focus: Protecting individuals from excessive state interference.

- Examples:

Right to life and liberty

Freedom of speech, religion, and movement

Right to a fair trial and due process

Political rights to participate in government

2. Second-Generation Rights (Economic, Social, and Cultural Rights)

- Theme: Equality

- Origin: 19th century, in response to industrialization and calls for social justice.

- Focus: Ensuring individuals can access resources and opportunities for a

dignified life. These rights require state action and institutional support.

- Examples:

Right to work and social security

Right to health care and education

Right to an adequate standard of living

3) Third-Generation Rights (Collective and Solidarity Rights)

- Theme: Fraternity

- Origin: 20th century, as a response to global challenges.

- Focus: Rights held by entire groups or peoples, promoting solidarity and

cooperation.

- Examples:

Right to self-determination

Right to development

Right to environmental protection

Right to peace

4) The fourth generation of human rights refers to a proposed set of rights that have
emerged due to technological advancements and global challenges, encompassing
issues like digital privacy, access to information, the right to a healthy
environment, algorithmic transparency, and collective responsibilities in the face of
new technologies like artificial intelligence. This generation is not as universally
established as the first three but is gaining traction to address the unique problems
of the digital age and the Fourth Industrial Revolution.

Key Aspects of Fourth-Generation Rights:

1. Digital Rights:

Digital Privacy: Protection from mass surveillance and unauthorized data

collection.

Internet Access: Ensuring fair and equitable access to information and the internet.

Data Protection: Regulating the storage, processing, and sharing of personal data.

Algorithmic Transparency: Ensuring AI systems make ethical, non-discriminatory

decisions.
Cybersecurity: Protection from cyber threats and digital fraud.

2. Environmental and Collective Rights:

Right to a Healthy Environment: The right to live in an environment that supports

well-being.

Right to Peace: Advocating for a global environment free from conflict.

Sustainable Development: Ensuring development that benefits both current and

future generations.

3. Ethical and Technological Concerns:

Bioethics: Addressing issues related to genetic engineering, biotechnology, and

synthetic biology.

Artificial Intelligence & Robotics: Navigating the ethical use of intelligent systems
and their impact on human autonomy and accountability.

Epistemic Rights: The right to access, share, and control information, especially in
digital contexts where knowledge and truth are increasingly contested.
 UNIT-II

A. UNIVERSAL DECLARATION OF HUMAN RIGHTS

Nature of the UDHR- The UDHR is a declaration adopted by the United Nations
General Assembly. It arose from the experiences of World War II and represents
the first global expression of rights to which all human beings are inherently
entitled. While the declaration itself is non-binding, its principles have been
incorporated into numerous international treaties, economic agreements, regional
human rights instruments, and national constitutions, thus making many of its
tenets legally binding in various nations.

The UDHR recognizes that human rights are the foundation for freedom, justice,
and peace. It aims to recognize the inherent dignity and the equal and inalienable
rights of all members of the human family.

The UDHR has three core principles:

1. Universality: The UDHR applies to all people, in all countries around the world,
without distinction of any kind.

2. Indivisibility: Taking away one right has a negative impact on all other rights.

3. Interdependency: All 30 articles in the Declaration are equally important.

Provisions of the UDHR

The UDHR comprises 30 articles that contain a comprehensive listing of key civil,
political, economic, social, and cultural rights. These rights and freedoms include:

Articles 1 – 2- The basic concepts of dignity, liberty and equality are established.

Articles 3 – 5- Details of individual rights, such as the right to life and prohibition
of slavery are explained in detail.

Articles 6 – 11- Refers to the fundamental rights as well as the remedies for their
violation.

Articles 12 – 17- Set forth the rights of the individual towards the community,
including freedom of movement and residence within each state, the right of
property and the right to a nationality.
Articles 18 – 21- These sets of articles refer to the rights of the individual towards
the community, including freedom of movement, thought, opinion, expression,
religion, peaceful association and ideas through any media.

Articles 22 – 27- Sanctions an individual’s economic, social and cultural rights

including healthcare. It also upholds the right to a better standard of living and
makes a special mention of care given to motherhood or childhood.

Articles 28 – 30- It establishes the general means of exercising these rights, the
areas in which the rights of the individual cannot be applied.

Evolution of the UDHR- The body of international human rights law continues to
expand, and new human rights standards are being built on the Universal
Declaration to address emerging human rights issues. In the 21st century, UN
Human Rights has helped achieve greater protection of the rights of neglected
population groups such as indigenous peoples, older people, people with
disabilities, and people belonging to the LGBTI community. The Office has also
brought to the fore the link between human rights and climate change.

Over the past 75 years, humanity has faced new challenges deriving, for example,
from new technologies, artificial intelligence, or climate change, which were not
included or foreseen when the UDHR was written and which threaten the
enjoyment of human rights today and of future generations. The international
human rights instruments need to evolve and adapt. The inalienable and universal
nature of human rights define a dynamic process to adequately address new and as-
yet-unforeseen situations, while upholding existing human rights standards.

B) R.T.I. as Human Rights

RTI: An Introduction

The Right to Information (RTI) Act provides each individual with the right to seek
and receive information and ideas related to any issue through any media
regardless of any boundary. It came into action when the Universal Declaration of
Human Rights was adopted in 1948. The bill for the Right to Information Act was
amended in 2005. The International Covenant on Civil and Political Rights, 1966,
allows everyone to have freedom of expression and the freedom to exchange
various information and ideas. For the practical implementation of this idea, a
system for Indian citizens was created to allow information and idea exchange as a
matter of right. The Right to Information Act, 2005 (RTI Act 2005) was enacted by
the Indian Parliament.

Right to Information: Objectives of the Right to Information (RTI) Act 2005

1. Allow the citizens of the country to question the working government.

2. Promote transparency and answerability of the working government.

3. Check corruption prevailing in the government to serve the citizens better.

4. Make citizens well-informed about the functioning of the government system.

Kinds of Information that can be accessed through RTI Act,

Any sort of information that the government can disclose in the parliament is
allowed to be questioned by the citizens. In other words, the citizens of India have
the right to any information. They can question the government authorities at any
time through the RTI Act.

However, there are some limitations to the type of information that can be
accessed. Information that can hamper the sovereignty and integrity of our country
is exempted from the scope of the Right to Information Act. Sensitive information
related to our country’s internal security or information related to India’s
association with other countries vital for maintaining healthy relations with each
other, Intellectual Property Rights (IPR), and any cabinet discussions is free from
the RTI Act 2005.

Importance of Right to Information Act

1. The Right to Information Act allows citizens to be empowered to question the

confidentiality and ill-practices prevailing in the state of government in power.

2. Authorities at the central and state levels help citizens to fetch the information
using the RTI Act.

3. The information subject to RTI is treated as public property as the information

coming under the scope of the RTI Act is subjected to the interests of Indian
citizens. Such information is also fundamental for the transparency of democracy
and successful administration.

4. The information subject to the RTI Act is crucial for the accountability of the
government in power. It is also useful for other reasons, which cater to the
interests of the society for a better future.

5. RTI enables the common citizens of our country to question even the highest
and most powerful authority.

6. The RTI Act allows people to fetch information that governments and officials
would otherwise not reveal.

7. The RTI Act helps in exposing corruption prevailing in the government systems,
bringing the focus on any violation of human rights, and highlighting malpractices
of government authorities at union or state levels.

8. Through the RTI Act, citizens gain access to information on decision-making,

policies, and activities of the government that have direct impacts on the citizens.

C. ICCPR

International Covenant on Civil and Political Rights (ICCPR)

International Covenant on Civil and Political Rights came into force on March 23,
1976. Till 2019 it had 173 signatory countries. This covenant consists of 53
Articles and is divided into 6 parts. ICCPR protects rights like the right to life,
liberty, fair trial, freedom of speech and expression, etc.

The purpose of forming ICCPR was to recognize the inherent dignity of each
individual and undertake to promote conditions within states to allow the
enjoyment of civil and political rights. The main intention behind forming ICCPR
was to strengthen the legal bases of Human Rights. The fact that UDHR is not
legally enforceable, and ICCPR on the other hand, is legally enforceable; the
signatory countries that have ratified this covenant and now under the obligation to
abide by the Articles mentioned under ICCPR and any violation of these right are
considered, as punishable offences. Any report, if made by an individual or by an
organization regarding of violation of any human rights made by their state, shall
be investigated. Article 28 of ICCPR states that there should be a Human Rights
Committee which shall perform different functions, like making reports, enforcing
the rights, etc. Article 40 and 41 of ICCPR indicates how the reports are to be
formed and to whom it should be submitted, and what are the things that should be
mentioned in the report.

ICCPR and Indian Constitution

Article 1– provides that the states that the right to self-determination is universal
and calls upon States to promote the realization of that right and to respect it.

Article 2– each state party must respect and ensure that the rights provided under
this covenant is enforced and the rights are provided to each and every individual
of the state irrespective of their race, gender, caste, sex, language, religion,
political or other opinions. The article further provides that every individual whose
rights are violated should be provided with a suitable remedy.

Article 6, 7 and 8 –protecting the individual against any death penalty, in India the
death penalty still prevails. In Bachchan Singh v. the State of Punjab, the Supreme
Court observed that the provisions for the capital punishment under section 302
IPC are not violative of Article 21 of the Indian Constitution, though Article 72 of
the Indian Constitution gives the President the power to grant a pardon, remit or
commute a sentence of any person convicted of any offence under this law. Article
7 prohibits human degrading punishment, cruel treatment, and Article 8 protects
every individual against the slave trade or forced labor.

Article 9– protects the individual against arbitrary arrest or detention.

Article 10– states that no matter whether the person has committed the crime or not
he should be treated with respect and dignity. In Charles Shobraj v.
Superintendent, Central Jail, Tihar, New Delhi, AIR 1978, the apex court
recognized that the ‘right to life’ is more than mere animal existence or vegetable
substance. Even in prison, a person is required to be treated with dignity and one
enjoys all the rights specified in Article 19 and 21. Article 10 also provides that the
state should also set up juvenile prisons.

Article 11- protects the individual against breach of contract, in Jolly George
Verghese v. Bank of Cochin, AIR 1980[11], it was held by the Supreme Court that
to cast a person in prison because of his poverty and consequent inability to meet
his contractual liability is a violation of Article 21 of the Constitution.

Article 12- provides freedom of movement and freedom to reside anywhere in the
state and the right to travel to different countries. The Supreme Court in Satwant
Singh v. Assistant Passport Officer, New Delhi, AIR 1967, SC 1836, held that the
right to go abroad is a part of the ‘personal liberty’ within the meaning of Article
21 of the Constitution, and consequently, no person can be deprived of this right
except according to procedure deprived of this right except according to the
procedure established by law. Again, in Maneka Gandhi v. Union of India, AIR
1978, 597, the Supreme Court upheld the decision of Satwant Singh’s case, the
court held that no person can be deprived of his right to go abroad unless there is a
law made by the State prescribing the procedure for so depriving him and the
deprivation is effected strictly in accordance with such procedure[12].

Article 14- ensure that every individual is equal before the law. And every
individual has the right to a fair trial, conducted by an independent and impartial
tribunal. The article also provides that the press or public may be excluded during
the trial for maintaining morals, public order and security. Article 20 of the Indian
Constitution strongly supports the idea of fair trial, so that every individual gets the
opportunity to be heard.

Article 18 and 19- establishes freedom of religion. Article 19 of ICCPR provides

freedom of speech and expression. In Secretary Ministry of Information and
Broadcasting, Govt. of India v. Cricket Association of Bengal, 1995, the Supreme
Court held that right to impart and receive information is a species of the right to
freedom of speech and expression.

Article 21 and 22 – states that every individual has the right of peaceful assembly
and shouldn’t be restricted to enforce their rights until and unless it is in
conformity with the law and doesn’t disturb the public order and security of the
society. Similarly, Article 22 states that every person has the right to form an
association and join trade union, again it should be in conformity with law and
shouldn’t violate the rights of others.
D) ICESCR- The International Covenant on Economic, Social and Cultural Rights
(ICESCR) is a key multilateral treaty adopted by the United Nations General
Assembly on December 16, 1966, and entered into force on January 3, 1976. It
forms part of the International Bill of Human Rights alongside the Universal
Declaration of Human Rights and the International Covenant on Civil and Political
Rights.

Key Provisions of the ICESCR

The ICESCR commits its State parties (currently about 160 countries) to protect a
broad range of economic, social, and cultural rights, including:

a. The right to work under just and favorable conditions, including rights to form
trade unions and strike.

b. The right to social security and social insurance.

c. Protection of family life, including paid parental leave and protection of children
from economic exploitation.

d. The right to an adequate standard of living, encompassing adequate food,

clothing, housing, and continuous improvement of living conditions.

e. The right to the highest attainable standard of physical and mental health.

f. The right to education, including free primary education and accessible

secondary and higher education aimed at full personality development and societal
participation.

g. The right to participate in cultural life and enjoy the benefits of scientific
progress.

Principle of Progressive Realisation

Article 2 of the Covenant introduces the principle of "progressive realisation,"

requiring States to take steps to the maximum of their available resources to
progressively achieve the full realization of these rights by all appropriate means,
including legislative measures. This acknowledges that some rights may be
difficult to fully achieve immediately due to resource constraints but imposes a
continuous obligation to advance these rights and prohibits regressive measures.
Equality and Non-Discrimination

The Covenant mandates that all rights be exercised without discrimination of any
kind, including race, sex, language, religion, political opinion, national or social
origin, property, birth, or other status. It also requires equal enjoyment of these
rights by men and women.

Limitations and Protections

While States may impose limitations on these rights, such restrictions must be
lawful, compatible with the nature of the rights, and solely aimed at promoting
general welfare in a democratic society. The Covenant explicitly prohibits any act
aimed at destroying or unduly limiting the rights recognized therein.

In summary, the ICESCR has played a crucial role in shaping international human
rights norms by codifying economic, social, and cultural rights and providing a
framework for their progressive realization, equality, and non-discrimination,
thereby strengthening global protection of human rights.

E) CEDAW

1. Introduction- CEDAW is an international human rights treaty adopted by the

United Nations General Assembly in 1979. It focuses on the elimination of
discrimination against women and aims to ensure equal rights for women and men
in every area of life. It is often described as the international bill of rights for
women.

2. Purpose of CEDAW- The main purpose of CEDAW is to:

a. End all forms of discrimination against women.

b. Promote gender equality.

c. Ensure that women enjoy equal rights, opportunities, and freedoms as men in:

d. Political participation

e. Education

f. Employment
g. Healthcare

h. Marriage and family life

Definition of Discrimination under CEDAW (Article 1)- Discrimination against

women is defined 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... of human rights and fundamental freedoms."

Key Features of CEDAW

a. Legally binding treaty for countries that ratify it.

b. Countries must take active steps to:

c. Eliminate discrimination

d. Promote equality

e. Modify social and cultural patterns that support gender stereotypes

f. Applies to public and private life (home, work, society).

g. Encourages temporary special measures (like quotas) to speed up equality.

Importance of CEDAW

a. Recognizes that gender equality is a human right.

b. Helps reform laws and practices that discriminate against women.

c. Encourages governments to protect women from violence, exploitation, and

unfair treatment.

d. Helps build a more inclusive, fair, and equal society.