Unit I:-

Meaning – concept of human rights * Theoretical foundation of human rights *

Natural law and natural rights * Cultural relativism and universal ground for
human rights * History and evolution of human rights - ancient-medieval and
modern * Generation of human rights - civil and political, social-economic and
cultural, - group rights.

1. What is the meaning and concept of human rights?

MEANING AND CONCEPT OF HUMAN RIGHTS

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.

Human rights are basic rights available to every human being and no one can be deprived of
one’s human rights without any cause. Every individual is born with certain basic and
inalienable rights, without which it would be difficult to live as human beings.

International law recognizes human dignity and honor, which we can see through various
declarations and conventions adopted by the United Nations on human rights. The
conventions have tried to protect the rights of individuals at a national level by incorporating
provisions into the constitutions of the countries. After the adoption of the Universal
Declaration of Human Rights in 1948, human rights became an international law.

MEANING & DEFINITION

The expression 'Human Right' is of recent origin. It denotes all those rights, which are
inherent in human beings irrespective of caste, creed, religion, sex and nationality. Every
individual (human being) is entitled to some basic rights, without which we cannot live as
human beings.

There are some definitions from different jurists:-

Susan Moller Okin :- "Human rights as a claim to something of crucial importance for human
life".

Dr. Purohit "Human rights are the basic values which under lie that human beings, born in
any part of the world, are equal in dignity and rights".

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Mr. D.D Basu “ Human rights are those minimum rights which every individual must have
against the state or any public authority by virtue of his being a member of human family,
irrespective of any other consideration".

In India, The Protection of Human Rights Act 1993 was enacted for creating an institutional
mechanism for better protection of human rights. Section 2(1) (d) of the Act defines human
right,

"Human right means the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the constitution or embodied in the International Covenants and enforceable by
courts in India".

Article 1 of the Universal Declaration of Human Rights of 1948 states that,

“All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood”.

The definition is not exhaustive. As such it should be read with the rights mentioned in
various international covenants such as Universal Declaration of Human Rights 1948, the
International Covenant on Civil and Political Rights 1966, the International Covenant on
Economic, Social and Cultural Rights etc.

It is very difficult to give a precise meaning of the term human rights. All these rights, which
are essential for the maintenance of human dignity, may be called as human rights. These are
the rights, which no one can be deprived without any reason. Human rights are the natural
rights of the human race without which we cannot live as human beings. Therefore, human
rights sometimes are also called as natural rights or basic rights or fundamental rights.

CONCEPT OF HUMAN RIGHTS

Human rights are those rights which are fundamental and inalienable right which are essential
for life a human being. A person possesses these rights irrespective of their gender,
nationality, race, religion, sex etc. Human Rights are thus those rights which are inherent in
our nature and without which we cannot live as human being.

Human rights are the basic rights and freedoms that belong to every person in the world, from
birth until death.

Human rights are essentially individual in character. They are not created by any legislature
through legislation and are not subject to amendment. Human Rights are sometimes called
fundamental rights or basic rights or natural rights. Since human rights are not created by any
legislation it must not be taken away by any legislature or any act of the government and
which are often set out in a constitution.

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Human rights are legally guaranteed by human rights law expressed in treaties, customary
international law, bodies of principles and other sources of law. Human rights law places an
obligation on States to act in a particular way and prohibits States from engaging in anti
human activities.

However, the law does not establish human rights. Human rights are inherent entitlements
which come to every person as a consequence of being human. Treaties and other sources of
law generally serve to protect formally the rights of individuals and groups against actions or
abstained governments which restrain the enjoyment of their human rights.

The following are some of the most important characteristics of human rights:

 Human rights are founded on respect for the dignity and worth of each person;
 Human Rights are inherent because they are not granted by any person or authority.
 Human rights are universal, meaning that they are applied equally and without
discrimination to all people;
 human rights are inalienable, i.e. human rights can’t taken away other than in specific
situations – for example, the right to liberty can be restricted if a person is found guilty of
a crime by a court of law;
 All human rights should therefore be seen as having equal importance and of being
equally essential to respect for the dignity and worth of every person.
 Human Rights are interdependent because the fulfillment of one right often depends,
wholly or in part, upon the fulfillment of others.
 Human rights may expand and change with socio-eco-cultural and political developments
within the State. Judiciary may interpret laws in such ways as are in line with the changed
social values.

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 Unit I:-

Meaning – concept of human rights * Theoretical foundation of human rights *

Natural law and natural rights * Cultural relativism and universal ground for
human rights * History and evolution of human rights - ancient-medieval and
modern * Generation of human rights - civil and political, social-economic and
cultural, - group rights.

1. What are the theories of human rights?

2. Discuss the theoretical foundation of human rights?

THEORETICAL FOUNDATION OF HUMAN RIGHTS

There are several philosophical approaches have been made to explain how and why human
rights become part of social expectations. Some of them are below;

1. Theory of Natural Rights

According to this theory human being are the creators of nature. Natural Rights are the rights
which born when human life is born. The existence of natural rights is inevitable, inherent
and inalienable regardless of gender, caste, color, or creed. Natural right theory emphasize
that all men are equal before the eyes of the law and no one can be treated unfairly in any
circumstance.

Although natural law theory has founded in Sophocles and Aristotle, it was first elaborated
by the stoics of the Greek Hellenistic period, and later by those of the Roman period. Natural
law theorist believed that the elementary principles of justice which were right reason, in
accordance with nature, unalterable, and eternal.

Medieval Christian philosophers, such as Thomas Aquinas, put great stress on natural law as
conferring certain immutable rights upon individuals as part of the law of God. However,
critical limitations in the medieval concepts that recognized slavery and serfdom excluded
central ideas of freedom and equality.

As feudalism declined, modern secular theories of natural law arose, particularly as

enunciated by Grotius and Pufendorf. Their philosophy separated natural law from
religion, laying the groundwork for the secular, rationalistic version of modern natural law.
According to Grotius, a natural characteristic of human beings is the social impulse to live
peacefully and in harmony with others.

Whatever conformed to the nature of men and women as rational, social beings was right and
just; whatever opposed it by disturbing the social harmony was wrong and unjust. Grotius
defined natural law as a “dictate of right reason”. He claimed that an act, according to

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whether it is or is not in conformity with rational nature, has in it a quality of moral necessity
or moral baseness.

The 17th century philosopher John Locke argued that individuals possess natural rights
were gifted rights to humans, independently of the political recognition granted them by the
state which cannot be abolished or taken away by the State. These natural rights are
possessed independently and before the formation of any political community. He also
believed that humans are intelligent enough to make decisions as per their conscious.

Locke argued that natural rights flowed from natural law. Natural law originated from God.
The will of God provided us with an ultimately authoritative moral code, which owes a duty
of self-preservation to God. In order to successfully discharge this duty of self-preservation
each individual had to be free from threats to life and liberty. Our duty of self-preservation to
god entailed the necessary existence of basic natural rights to life, liberty, and property.
Locke also argued that the principal purpose of the political authority in a sovereign state was
the protection of individuals' basic natural rights.

2. Utilitarian Theory

The advocates for a utilitarian system such as Bentham and Mill firmly believe in the concept
of ‘the greatest happiness of the greatest number’. It is a principle that requires
governments to maximize the total net sum of the happiness of all their subjects. This
principle is in contrast to natural rights theory, which is a principle that assigns priority to
specific basic interests of each individual subject.

Jeremy Bentham, who expounded classical utilitarianism, believed that every human decision
was motivated by some calculation of pleasure and pain. He thought that every political
decision should be made on the same calculation, that is, to maximize the net produce of
pleasure over pain. Hence, both governments and the limits of governments were to be
judged not by reference to abstract individual rights, but in terms of what tends to promote
the greatest happiness of the greatest number.

This principle forms the groundwork on the basis of which a State must take social
measures. The laws, customs and traditions should be socially desirable. The importance of
utility in such customary laws was determined by reason and experience. Utilitarian
philosophers believe that to eliminate social injustice, sacrifice individual rights for the
welfare of the others.

The essential criticism of utilitarianism is that it fails to recognize individual autonomy; it

fails to take rights seriously. Utilitarianism fails to treat persons as equals and the mere
increase in aggregate happiness or welfare, is not a real value or true moral goal.

3. Theory of Legal Rights

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By 18th and 19th century legal philosophers such as Jeremy Bentham and John Austin
advocated the legal theory. According to this theory of legal positivism, law is the norms
made by the legislator or considered as common law or case law.

This theory is opposed to the natural rights theory and emphasizes the conventional nature of
law. Legal Right comes into existence when the State recognizes it. Once the State
acknowledges the existence of a right, only then it can enforce it. The State must enforce such
rights to protect the interests of the people. The theory is that the State is a better agency to
regulate human rights than humans itself.

The criticism faced by this theory is that it ignored the natural rights and accepted the rights
created by the State only. Legal positivism does not base law on divine commandments,
reason, or human rights. Under positivist theory, the source of human rights is found only in
the enactments of a system of law with sanctions attached to it. Views on what the law
“ought” to be having no place and are worthless.

4. Marxist Theory

This theory came to existence during the 19th century by a famous jurist called Karl Marx.
According to him, in a capitalist society, there is no existence of human rights. His theory
highlights the structure of a country along with its functioning. According to Karl Marx,
the State is an agency that holds the tool to control the interests and safeguards the
rights of the people in a society. He believes that a classless society is required for the
rights to grow, where everyone is equal and there is no existence of exploitation of rights.

According to Marx, Security is the supreme social concept of capitalist society. The whole
society exists only to ensure the preservation of its members, their rights and their property.

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 Unit I:-

Meaning – concept of human rights * Theoretical foundation of human rights *

Natural law and natural rights * Cultural relativism and universal ground for
human rights * History and evolution of human rights - ancient-medieval and
modern * Generation of human rights - civil and political, social-economic and
cultural, - group rights.

1. What do you mean by natural law? How Natural law and natural rights were
connected?
2. What is the relationship between natural law and natural rights?

NATURAL RIGHTS & NATURAL LAW

According to natural law theory human being are the creators of nature. Natural Rights are
the rights which born when human life is born. The existence of natural rights is inevitable,
inherent and inalienable regardless of gender, caste, color, or creed. Natural right theory
emphasize that all men are equal before the eyes of the law and no one can be treated unfairly
in any circumstance.

Natural rights are rights conferred by nature or God, which government or individual can’t
deny or limit. Natural law is a philosophical concept which contends that certain obligations,
moral principles, and rights are part of what it means to be a human.

Natural law and natural rights are strongly connected to each other. Natural laws were
utilized as an alternative foundation for the development of a social compact, positive law,
and government in the form of classical republicanism during the Enlightenment.

The natural law and natural rights tradition come from the 17th and 18th centuries, and it
asserts that the universe is controlled by natural laws that may be discovered by human
reason. The concept is that natural rights are not established by governments but Instead,
governments are established to protect these rights.

Many researchers believe that natural rights arose from natural law, a doctrine that can be
found in St. Thomas Aquinas’ mediaeval Catholic philosophy. Natural law was supposed to
include concepts of right and evil that could be determined by human reason without the aid
of supernatural revelation, particularly in reference to interpersonal relationships.

Natural law and natural rights are mutually exclusive; one cannot exist without the other.
Natural law is concerned with fundamental moral obligations, whereas natural rights are
concerned with fundamental moral claims or entitlements.

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 Unit I:-

Meaning – concept of human rights * Theoretical foundation of human rights *

Natural law and natural rights * Cultural relativism and universal ground for
human rights * History and evolution of human rights - ancient-medieval and
modern * Generation of human rights - civil and political, social-economic and
cultural, - group rights.

1. What do you mean cultural relativism and its importance?

2. What does cultural relativism mean in human rights?
3. How does cultural relativism challenge human rights?

CULTURAL RELATIVISM AND UNIVERSALISM

Following the atrocities of World War II, the first step was taken to establish and recognize
the universality of human rights in international law. It was proclaimed in the Purposes of UN
Charter that human rights and fundamental freedoms are “for all without distinction as to
race, sex, language, or religion.” The adoption and proclamation of the Universal Declaration
of Human Rights was also movement in the procedure of universalizing the human rights.

It was established as in anthropological research by Franz Boas in the first few decades of the
20th century.

"Universalists" believe that the same human rights should apply to everyone, regardless of
their culture or background. “Cultural relativists” believe human rights should take account
of cultural differences.

Cultural relativists argue that human rights were developed by western countries and are
based on western morality. They should therefore not be imposed on non-western societies
that have different histories, cultures and levels of development.

Cultural relativism is the idea that a person's beliefs and practices should be understood based
on that person's own culture. Proponents of cultural relativism also tend to argue that the
norms and values of one culture should not be evaluated using the norms and values of
another.

Universalists critically argue the cultural relativist arguments that, ideals like liberty and
security belong to all of us.

SO, there is an anxiety between human rights as entirely universal and not subject to
modifications due to culture, on the one hand, and human rights as affected by the cultural
demands of specific contexts, on the other.

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History and evolution
of Human rights
Three stages

 Ancient
 Medieval
 Modern.
Human Rights In Ancient India

The law was based on the principle of Dharma. The Epics Ramayana and
Mahabharata says 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 “VasudhaivKutumbakam”(the whole
world as one family). All the four Vedas insist on equality and dignity for humans.

The teachings of Buddha worked effectively for the protection of human rights.

The great King Ashoka had been successful in the creation of a welfare state for his
subjects and provided them with basic freedoms and rights.

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.

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.
Civil and political, social-economic
and cultural group rights.
In 1979, Czech jurist Karel Vasak
introduced 3 different categories
of human rights.

His theory was based on the 3

principles of the French
Revolution.

These are liberty, equality, and fraternity.

 Karel Vasak or Karel Vašák
(1929 – 1 May 2015)

He was born
in Czechoslovakia and later
moved to France to study law.

1969 to1980 - Vasak became the

first Secretary-General of
the International Institute of
Human Rights in Strasbourg.

He served as Director of the Division of Human Rights and Peace and later
as Legal Advisor to UNESCO and the World Tourism Organization.
 He divided human rights in to

 Civil and political rights

 Socio - economic rights

 Collective rights.
1. The First Generation of Human Rights - Civil-political Rights

Sometimes called as 'blue rights‘

It deal essentially with liberty and participation in political life .

They are fundamentally civil and political in nature.

First generation rights include, among other things,

(a) the right to life (b) equality before the law (c) freedom of
speech (d) the right to fair trial (e) freedom of religion, and (t)
voting rights

These rights can be found at the global level and given status in
international laws, first by Articles 3 to 21 of the 1948 Universal
Declaration of Human Rights, and later in 1966 in the
International Covenant on Civil and political Rights.
The first generation of human rights is rather individualistic.

Civil- Political are essentially meant for protecting the individuals

from the state.

There are two subcategories of civil-political rights. They are:

 Physical and civil security: For example, the rights to freedom from
slavery of equal treatment before the law.

 Individual liberties: For example, freedom of speech of thought,

religion, assembly' and political participation.

Many of the rights in this generation are based on the United States
Bill of Rights and the French Declaration of Rights of Man and of the
Citizen. Additionally, the International Covenant on Civil and Political
Rights outlines the global framework for this type of human right.
2. Second Generation of Human Rights - Socio-economic Rights

It is related to equality and began to be recognized by government's

after World War II.

They are fundamentally economic, social and culture in nature.

They guarantee equal condition and treatment to different members

of the citizen country. Second generation rights would include:

a. Right to be employed in just and favourable conditions

b. Right to food, housing and healthcare
c. Right to social security
d. d. Right to unemployment benefits.

These rights were also covered by the UDHR in Article 22 to 28

and in the International Covenant on Economic, Social and
Cultural Rights. These rights are also known as 'red rights'
3. Third Generation of Human Rights - Collective Rights

Also known as soft laws.

Additionally, they often do not carry official legal status. There

are two subtypes of collective rights. They are:

• Self-determination: This is the right as to political status or

development in areas of culture and society.

• Special rights of ethnic and religious minorities: This could

be the right to culture, communication, and religion.

Most recently, collective-developmental rights may also

include the right to natural resources, a healthy environment,
and sustainability among others.
The idea at the basis of the third generation
of rights is that of solidarity, and the rights
hold collective rights of society or peoples.
The specific rights that are most commonly
included within the category of third generation
rights are:

The rights to development, to peace, to a healthy

environment, to share in the exploitation of the
common heritage of mankind, to communication
and humanitarian assistance.
 Unit II :-

Evolution of Human rights through international documents - Magna Carta,

Petition of Rights, Habeas Corpus Act, Bill of Rights, American Declaration, French
Declaration, Russian Revolution, League of Nations and its role, UN Charter,
UDHR, The two International Covenants * Specialized Agencies

1. What are the international documents related to human rights?

Evolution of human rights through international documents

1. Magna Carta (The Great Charter) (1215)

The Magna Carta is considered as the first charter of liberty. The main focus of the Magna
Carta was protection against the arbitrary act of the king. ‘Magna Carta’ in latin means
‘Great Charter’. It was an agreement between King John and the English barons signed in
June 1215. Barons were wealthy men who have been granted land by the King in return for
their support and loyalty.

When, King John imposed heavy taxes on his ‘people’ to finance for wars, a political crisis
arouse and the barons rebelled against the King’s power. Magna Carta was issued by the king
for the solution of the crisis was a turning point in human rights.

It established that everybody, including king, was subject to law which now known as the
Rule of Law, It helps to safeguard citizens against the abuse of power by powerful people.

2. Petition of Right (1628)

The petition of right is a statement of civil liberties made in 1628 by the English parliament
and sent to King Charles who imposes forced taxes for his war against Spain.

The petition sought recognition of four principles:

a) No taxation without the consent of Parliament,

b) No imprisonment without cause,
c) No quartering of soldiers (assigning soldiers to live in a private houses) on subjects, and
d) No martial law in peacetime.

3. Habeas Corpus is an Act (1679)

This Act was passed by Parliament during the reign of Charles II which required a court to
examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary
imprisonment. The Act ensures that no one can be imprisoned unlawfully.

4. Bill of Rights (1689)

After the Glorious Revolution of 1688, The British parliament declared its supremacy over
the crown and the power of the king was reduced, accepted the declaration of the rights and
passed it into law in the form of the "Bill of Rights".
The Bill firmly established the principles of parliaments, free elections and freedom of speech
within Parliament known today as Parliamentary Privilege. It also includes no right of
taxation without Parliament's agreement, freedom from government interference, the right of
petition and just treatment of people by courts. Its influence can also be seen in other
documents establishing the rights of humans, such as the United Nations Declaration of
Human Rights and the European Convention on Human Rights.

5. American Declaration (1776)

America was the colony of Britain. There were 13 colonies in America. These colonies were
revolted against England for their independence. The state declared independence in 1776.

6. French Declaration (1789)

The Declaration of the Rights of man was a product of French Revolution. The National
Assembly swept away the ancient feudalism. The slogan of the revolution was liberty,
equality and fraternity. The wipe out of absolute monarchy and feudalism led to the
establishment of French Republic.

All the special privileges were abolished and the society came to be organized on the basis of
equality. The French revolution enabled the people to enjoy different kinds of rights. The
revolution established the novel ideas of Liberty, Equality and Fraternity. The government
should be not only “for the people" but also "by the people". On 17 th August 1789, the
National Assembly proclaimed the Rights of Man and of the Citizens. It declared that men
are born free and equal in rights.

7. Russian Revolution (1917)

The Russian Revolution was the greatest social revolution of the world since the French
Revolution. It was the first successful communist revolution of the world. The revolt was
against the exploitation of the autocratic ruler and the wealthy feudal. The revolution brought
change in the political, social and economic life of the people. The Revolution emphasized
that economic and social rights were as important as the civil and political rights.

8. The League of Nations (1920)

The League of Nations (1920 – 1946) was the first intergovernmental organization
established “to promote international cooperation and to achieve international peace and
security”. It is often referred to as the “predecessor” of the United Nations. Its founding
document – the Covenant of the League of Nations – was drafted during the peace
negotiations at the end of the First World War.

9. United Nations Charter (1941)

The Charter of the United Nations is the founding document of the United Nations. It was
signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations
Conference on International Organization, and came into force on 24 October 1945.

The United Nations can take action on a wide variety of issues due to its unique international
character and the powers vested in its Charter, which is considered an international treaty. As
such, the UN Charter is an instrument of international law, and UN Member States are bound
by it. The UN Charter codifies the major principles of international relations, from sovereign
equality of States to the prohibition of the use of force in international relations.

10. Universal Declaration of Human Rights of (1948)

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history
of human rights. Drafted by representatives with different legal and cultural backgrounds
from all regions of the world, it set out, for the first time, fundamental human rights to be
universally protected.
11. Two international treaties

In December 1966, the UN General Assembly adopted two international treaties that would
further shape international human rights: the International Covenant on Economic Social and
Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights
(ICCPR). These are often referred to as “the International Covenants.” Together, the UDHR
and these two Covenants are known as the International Bill of Human Rights.
 Unit II :-

Evolution of Human rights through international documents - Magna Carta,

Petition of Rights, Habeas Corpus Act, Bill of Rights, American Declaration, French
Declaration, Russian Revolution, League of Nations and its role, UN Charter,
UDHR, The two International Covenants * Specialized Agencies

1. Explain the role of specialized agencies in protection of human rights.

Specialized agencies

UN specialized agencies are international organizations working with the UN, in accordance
with relationship agreements between each organization and the UN. Specialized Agencies
each have a process for admitting members and appointing their administrative head.

Article 58 of the Charter states that that UN will make "recommendations for the co-
ordination of the policies and activities of the specialized agencies". Coordination is
facilitated through ECOSOC and the Chief Executives Board (CEB).

UN agencies may be strong partners in efforts to promote human rights, i.e. also in the
context of individual complaints. Many agencies carry out own analytic work on human
rights.

The Specialized Agencies are independent international organizations funded by both

voluntary and assessed contributions. The UN coordinates its work with these separate UN
system entities, which cooperate with the Organization to help it achieve its goals.

The UN specialized agencies are autonomous international organizations working with the
United Nations. All were brought into relationship with the UN through negotiated
agreements. Some existed before the First World War. Some were associated with the League
of Nations. Others were created almost simultaneously with the UN. Others were created by
the UN to meet emerging needs.

1. United Nations Development Programme (UNDP)

The United Nations Development Programme (UNDP) defines human rights as being cross-
cutting to its work and as being an integral part of human development, actually as key
component to inclusive development. Every year, UNDP publishes the Human Development
Report which has become a major document of reference worldwide. The Report clearly
strengthened the human rights issue in the development discussion.

UNDP is very active in helping countries in their efforts to base their development
programmes and policies on human rights. Key elements of the work of UNDP in the area of
human rights and human security include:

o support to the development of national human rights action plans;

o application of the rights-based approach to programming;
o assistance for human rights initiatives involving civic education,
o awareness-raising campaigns, strengthening or creation of ombudsman offices and
o Extension of human rights institutions to the sub-national level.
UNDP collaborates with other UN partners like the UN Human Rights Council and the
Office of the High Commissioner for Human Rights (OHCHR). While these two bodies are
assigned to monitor human rights violations, UNDP is tasked with strengthening government
capacities to deliver on their human rights commitments.

2. United Nations Educational, Scientific and Cultural Organization (UNESCO)

The United Nations Educational, Scientific and Cultural Organization focuses on everything
from teacher training to helping improve education worldwide to protecting important
historical and cultural sites around the world.

UNESCO activities on human rights focus on encouraging and disseminating human rights
research;

o promoting education in human rights;

o fighting against all forms of discrimination;
o encouraging cooperation and
o Promoting democracy.

Many of the UNESCO conventions, declarations and recommendations are closely related to
human rights - making the rights of the Universal Declaration on Human Rights more
specific, more concrete and better adapted to the challenges of modern society.

Since 1978, individuals may file complaints about violations of their human rights to
UNESCO’s Committee on Conventions and Recommendations (CR), if the alleged human
rights violations fall within the UNESCO mandate (education, science, culture and
communication). In the unique CR procedure all cases are treated in strict confidentiality in
order to establish a dialogue with the governments concerned towards a friendly solution on
behalf of the alleged victims.

UNESCO has taken over a special responsibility for the implementation of the human right to
education and the respect for human rights in education. Together with the OHCHR, the
organization is responsible for the world programme on human rights education, adopted by
the UN General Assembly in December 2004. Its first phase (2005-2009) focused on schools.
The second phase (2010-2014) focuses on higher education and on human rights training
programmes for teachers and educators, civil servants, law enforcement officials and military
personnel at all levels.

3. United Nations International Children's Fund (UNICEF)

The UNICEF is specifically mandated to protect and promote children’s rights. UNICEF
supports states in the ratification and implementation of the Convention on the Rights of the
Child (CRC), and its protocols, i.e. the UN human rights instrument especially dedicated to
children.

The CRC specifically refers to UNICEF as regards its implementation. UNICEF supports the
work of the Committee on the Rights of the Child by contributing to CRC monitoring.
UNICEF participates in the Committee's review of submitted reports, including working with
the states to identify implementation strategies in response to the Committee's
recommendations.

Furthermore, UNICEF considers human rights as a foundation for its own and the general
development work. The organisation is committed to support girls' and boys' education for
so-called “life skills”, i.e. HIV/AIDS prevention; health education; violence prevention;
peace building education; education for development; and to provide information about the
correlations between human rights and social issues. Teaching human rights as life skills
means that young people around the world learn about their rights and demonstrate their
commitment to ensure that these rights are met.

4. International Labour Organization (ILO)

The ILO deals with the whole range of labour issues. It attaches particular importance to
basic economic and social as well as civil and political rights, as an essential element to
improve the conditions of workers. It endeavors to implement these principles by adopting
standards on subjects of concern. These ILO standards take the form of international labour
conventions and recommendations.

ILO’s Conventions are international treaties, subject to ratification by ILO Member States,
whereas recommendations are non-binding. The procedures of adopting and implementing
ILO conventions form part of a most effective mechanism for the protection of human rights
within the UN system.

According to the 1998 ILO Declaration on Fundamental Principles and Rights at Work and
its Follow-up, all ILO Member States have an obligation to respect, to promote and to realize,
in good faith and in accordance with the Constitution, four categories of principles and rights
at work, even if they have not ratified the ILO Conventions to which they refer:

a) freedom of association and the effective recognition of the right to collective bargaining;
b) the elimination of all forms of forced or compulsory labour;
c) the effective abolition of child labour; and
d) the elimination of discrimination in respect of employment and occupation.

These fundamental principles and rights at work are universal and applicable to all human
beings in all States, regardless of the level of economic development. They are the essence of
the eight „ core “ ILO Conventions, which express in more detail and in a formal legal
structure the scope and content of these fundamental principles and rights:

Convention No.87: Freedom of Association and Protection of the Right to Organize, 1948;
Convention No.98: Right to Organize and Collective Bargaining, 1949;
Convention No.29: Forced Labour, 1930;
Convention No.105: Abolition of Forced Labour, 1957;
Convention No.138: Minimum Age Convention, 1973;
Convention No.182: Worst Forms of Child Labour, 1999;
Convention No.111: Discrimination (Employment and Occupation), 1958;
Convention No.100: Equal Remuneration, 1951.

All ILO Member States which have not yet ratified those eight core conventions, must report
annually about the progress being made.
The regular supervision of ILO conventions encompasses measures such as required
reporting activities of each Member State of the ILO at regular intervals. In addition,
Member States have the obligation to submit reports on conventions they have not yet ratified
showing the position of the law and practice in regards to the matters dealt with in the
conventions and indicating the difficulties having prevented or delayed ratification (each year
a limited number of conventions are selected for this procedure).

The International Labor Organization promotes international labor rights by formulating

international standards on the freedom to associate, collective bargaining, the abolition of
forced labor, and equality of opportunity and treatment.

5. World Health Organization (WHO)

The World Health Organization is the directing and coordinating authority on international
health within the United Nations system. The objective of WHO is the attainment by all
peoples of the highest possible level of health. Health, as defined in the WHO Constitution, is
a state of complete physical, mental and social well-being and not merely the absence of
disease or infirmity.

WHO has made a commitment to support Member States in their efforts to mainstream
human rights into healthcare programmes and policies by looking at underlying determinants
of health as part of a comprehensive approach to health and human rights.

In addition, WHO has been actively strengthening its role in providing technical, intellectual,
and political leadership on the right to health including:

o strengthening the capacity of WHO and its Member States to integrate a human
rights-based approach to health;
o advancing the right to health in international law and international development
processes; and
o advocating for health-related human rights, including the right to health.

Addressing the needs and rights of individuals at different stages across the life course
requires taking a comprehensive approach within the broader context of promoting human
rights, gender equality, and equity.

As such, WHO and partners work with Member States to build on existing approaches in
gender, equity, and human rights to generate more effective and robust solutions to health
inequities. This work builds on the foundational strengths and complementarities among
these approaches to create a cohesive and efficient approach to promoting health and well-
being for all.

Some more agencies that may be as follows:

 FAO (The Food and Agriculture Organization )

Headquarters: Rome, Italy

 The Food and Agriculture Organization leads international efforts to fight hunger. It is
both a forum for negotiating agreements between developing and developed countries and
a source of technical knowledge and information to aid development.

 UNIDO (United Nations Industrial Development Organization )

Headquarters: Vienna, Austria

The United Nations Industrial Development Organization is the specialized agency of the
United Nations that promotes industrial development for poverty reduction, inclusive
globalization and environmental sustainability

 IMF (International Monetary Fund)

Headquarters: Washington, DC, USA

The International Monetary Fund fosters economic growth and employment by providing
temporary financial assistance to countries to help ease balance of payments adjustment
and technical assistance. The IMF currently has $28 billion in outstanding loans to 74
nations.

 WIPO (World Intellectual Property Organization )

Headquarters: Geneva, Switzerland

The World Intellectual Property Organization protects intellectual property throughout

the world through 23 international treaties.

 IMO (International Maritime Organization )

Headquarters: London, United Kingdom

The International Maritime Organization has created a comprehensive shipping

regulatory framework, addressing safety and environmental concerns, legal matters,
technical cooperation, security, andefficiency.

 IFAD (International Fund for Agricultural Development )

Headquarters: Rome, Italy

The International Fund for Agricultural Development since it was created in 1977 has
focused exclusively on rural poverty reduction, working with poor rural populations in
developing countries to eliminate poverty, hunger and malnutrition; raise their
productivity and incomes; and improve the quality of their lives.
 Unit III:-
Implementation, enforcement, remedies * the role of the ICJ * HR’s as
obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. Explain the complaint procedures under International Labor Organization

Complaint procedures under International Labor Organization

Labor rights are human rights. The International Labor Organization (ILO) is a United
Nations specialized agency act to advance social and economic justice by setting international
labor standards. It was founded in 1919 under the League of Nation. It is the first and oldest
specialized agencies of the UN and played a significant role in promoting labor and human
rights by dealing with labor issues.

The Declaration was adopted in 1998, and it mandates the member states to promote the
below fundamental principles and rights as follows.

1. Freedom of Association and of Collective Bargaining

2. Prohibition of Forced Labour
3. Elimination of Discrimination in Respect of Employment and Occupation
4. Abolition of Child Labour

The ILO comprises the International Labour Conference, the Governing Body, and the
International Labour Office.

1. International Labour Conference

The progressive policies of the ILO are set by the International Labour Conference. The
Conference is an annual event, which happens in Geneva, Switzerland. The conference brings
together all the representatives of the ILO. It is a panel for the review of the important issues
regarding labour.

1|Page
2. Governing Body

The governing body is the executive body of the International Labour Organization. The
governing body meets in Geneva. It meets three times annually. It makes decisions based on
the agenda and the policies of the international labour conference. It adopts the draft
programme and budget of the organization for submission to the conference.

3. International Labour Office

It is the permanent secretariat of the International Labour Organization. It decides the

activities for ILO and is supervised by the Governing Body and the Director-General. The
member States hold periodically regional meetings to discuss the relevant issues of the
concerned regions.

The complain procedures of the International Labour Organization is regulated by Articles 26

to 34 of the ILO Constitution, by which a complaint against a Member State, not observing a
convention to which it is a party, can be filed by another Member State also having ratified
the same convention any delegate to the ILO Conference (each Member State is also
represented by a delegate representing the employers and a delegate representing the
workers) the ILO Governing Body (composed of 28 State representatives, 14 representatives
of employers and 14 representatives of workers). The complaint cannot be filed by an
individual. It is mostly done by the trade unions of the country which are represented in the
ILO.

Having received a complaint, the Governing Body has the possibility to appoint a
Commission of Inquiry, consisting of three independent members, which is responsible for
carrying out a full investigation of the complaint, ascertaining all the facts of the case and
making recommendations on measures to be taken to address the problems raised by the
complaint.

If a member State refuses to comply with recommendations of the Commission of Inquiry,

the Governing Body can take measures by recommend to the Conference, such action as it
may deem necessary by virtue of Article 33 of the ILO Constitution. Article 33 has been used
once in the history of the ILO in 2000, as the Governing Body has demanded to take
measures to prompt Myanmar to curb exploitation of forced labor.

2|Page
 Unit III:-
Implementation, enforcement, remedies * the role of the ICJ * HR’s as
obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. How did the Nuremberg trials influence international criminal law?

2. The significance of the Nuremberg Trial for the development of international law?
3. What was the Nuremberg trial in international law?
4. What are the principles of Nuremberg?

THE INTERNATIONAL CRIMINAL COURT (ICC)

At the end of World War II the United States, Britain, the Soviet Union and France, signed an
agreement creating the International Military Tribunal, known as the “Nuremberg tribunal,”
for the prosecution and punishment of the major war criminals of the European axis. Only
four categories of crimes such as Conspiracy, Crimes against Peace (planning, preparing and
waging aggressive war), War Crimes and Crimes against Humanity such as genocide were to
be punished.

1. Any person who commits an act which constitutes a crime under international law is
responsible therefore and liable to punishment.

2. The fact that internal law does not impose a penalty for an act which constitutes a crime
under international law does not relieve the person who committed the act from
responsibility under international law.

3. The fact that a person who committed an act which constitutes a crime under international
law acted as Head of State or responsible Government official does not relieve him from
responsibility under international law.

1|Page
4. The fact that a person acted pursuant to order of his Government or of a superior does not
relieve him from responsibility under international law, provided a moral choice was in
fact possible to him.

5. Any person charged with a crime under international law has the right to a fair trial on the
facts and law.

6. The crimes hereinafter set out are punishable as crimes under international law:

(a) Crimes against peace

(b) War crimes
(c) Crimes against humanity

7. Complicity in the commission of a crime against peace, a war crime, or a crime against
humanity as set forth in Principle VI is a crime under international law.

The Nuremberg principles thus set new standards for international law. Politicians are
responsible under international law and can personally be held accountable for their actions.
The safeguarding of international peace and respect for human rights prevail over national
sovereignty.

The International Military Tribunal laid the basic foundations for the later development of
international criminal law. The international criminal law has developed in recent years.

The International Criminal Court (ICC) is an intergovernmental organization and it’s

headquartered in The Hague. It investigates and tries people charged with serious and grave
crimes such as genocide, crimes against humanity, war crimes and the crime of aggression. It
is the first permanent international criminal court in the world.

It is governed by an international statute known as the Rome Statute. The Statute entered into
force in July 2002 and it sets out the Court’s jurisdiction, structure and functions. It is not a
United Nations Organization but had a cooperation agreement with the UN. India is not a
member country to International Criminal Court (ICC) as it did not sign the Rome Statute.

This is the first ever permanent, treaty-based, international criminal court established to
promote the rule of law and ensure that the gravest international crimes do not go
unpunished. Anyone who commits any of the crimes under the statute will be liable for
prosecution by the Court.

The Rome Statute, grants the ICC jurisdiction over four main crimes such as the crime of
genocide, crimes against humanity, war crimes, crime of aggression. There are four different
organs of ICC are as follows,

1) Presidency

This organ is responsible for administering the court with the exception of the Office of the
Prosecutor and Registry. Presidency consists of President of the Court, First Vice-President,
and Second Vice President for a three year term.

2) Judicial Divisions

2|Page
The Trial Divisions job is to oversee the trial itself and determine the defendant’s innocence
or guilt.

3) Office of the Prosecutor

There is a division of Prosecutors. These Prosecutors work to help the ICCs case be argued
throughout the trial period.

4) Registry

The Registry is responsible for the non-judicial aspects of the administration and servicing of
the Court and is headed by the Registrar who is the principal administrative officer of the
Court, elected by secret ballot by an absolute majority of judges meeting in plenary session. It
is responsible for the administration of legal aid matters, court management, victims and
witnesses matters, defense counsel, detention unit, and the traditional services provide by
administrations in international organizations, such as finance, translation, building
management, procurement and personnel.

As an institution upholding the human right to life, the ICC cannot impose the death penalty.

3|Page
 Unit III:-

Implementation, enforcement, remedies * the role of the ICJ * HR’s as

obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. Explain the commission on the status of women (CSW)

The Commission on the Status of Women (CSW)

The Commission on the Status of Women (CSW) is a functional commission of the United
Nations Economic and Social Council (ECOSOC). It is one of the UN's main bodies focused
on gender equality and the advancement of women's rights globally. The CSW plays a crucial
role in promoting women's empowerment, advocating for gender equality, and monitoring
progress in the implementation of policies and programs related to women's rights.

The functions and responsibilities of the Commission on the Status of Women include

1. Setting Global Standards

The CSW works to establish global norms and standards concerning gender equality and the
empowerment of women. It develops and recommends policies and guidelines to
governments and international organizations to advance women's rights and promote gender
equality.

2. Monitoring Progress

The CSW monitors and evaluates the progress made by countries in implementing measures
to promote gender equality and the advancement of women. It assesses the challenges and
obstacles that hinder progress and proposes strategies to overcome them.

3. Review of the Beijing Declaration and Platform for Action

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The CSW is responsible for reviewing the implementation of the Beijing Declaration and
Platform for Action, which was adopted at the Fourth World Conference on Women in 1995.
The Beijing Declaration is a landmark document that outlines a comprehensive agenda for
advancing gender equality and women's rights.

4. Annual Sessions

The CSW holds annual sessions at the United Nations Headquarters in New York. During
these sessions, government representatives, civil society organizations and experts gather to
discuss and address a specific theme related to women's rights and gender equality.

5. Advocacy and Awareness

The CSW provides a platform for advocacy and raising awareness on women's issues
globally. It convenes various events, panels and discussions to foster dialogue and
collaboration among stakeholders in promoting gender equality.

6. Agreed Conclusions

At the end of each annual session the CSW adopts "agreed conclusions," which are the
outcome documents summarizing the discussions, recommendations, and commitments made
during the session. These conclusions guide governments and stakeholders in their efforts to
advance women's rights and gender equality.

Page | 2
 Unit III:-

Implementation, enforcement, remedies * the role of the ICJ * HR’s as

obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. Explain ECOSOC.

ECOSOC

ECOSOC stands for the Economic and Social Council of the United Nations. It is one of the
six principal organs of the United Nations, established under the UN Charter. ECOSOC is
responsible for promoting international cooperation and addressing economic, social,
cultural, and humanitarian issues worldwide.

The functions and responsibilities of ECOSOC include as follows

1. Economic and Social Policy Coordination

It serves as a forum for discussing and coordinating international economic and social
policies among member states. It works to foster dialogue and cooperation to address global
challenges related to poverty, inequality, and sustainable development.

2. Development Cooperation

It plays a central role in coordinating development efforts and strategies at the international
level. It encourages collaboration between countries, UN agencies, and other stakeholders to
promote development initiatives and achieve the Sustainable Development Goals (SDGs).

3. Monitoring and Reviewing Progress

1|Page
It monitors and reviews the implementation of development goals and targets, including those
set by the SDGs. It assesses the progress made by member states in achieving their economic
and social objectives and identifies challenges and areas for improvement.

4. Promoting Human Rights and Social Progress

It works to promote and protect human rights and fundamental freedoms. It addresses issues
related to education, health, gender equality, youth, and other social concerns to advance
social progress and inclusivity.

5. Consultative Role

It has a consultative role with various non-governmental organizations (NGOs) and civil
society groups. It allows these organizations to contribute their expertise, experiences, and
perspectives in shaping global policies and development agendas.

It consists of 54 member states, elected by the United Nations General Assembly for three-
year terms. The council meets regularly at the UN Headquarters in New York to conduct its
work. It organizes high-level meetings, thematic discussions and policy dialogues on various
economic, social, and developmental issues.

Its efforts are instrumental in advancing the United Nations' broader mission to promote
peace, security, human rights, and sustainable development worldwide. By fostering
collaboration among nations and stakeholders, it seeks to address complex global challenges
and achieve a more equitable and prosperous world.

2|Page
 Unit III:-

Implementation, enforcement, remedies * the role of the ICJ * HR’s as

obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. What is 1503 procedure and How does it work?

THE 1503 PROCEDURE OF THE COMMISSION ON HUMAN RIGHTS

The procedure before the Commission on Human Rights, called the 1503 procedure after the
resolution of the Economic and Social Council whereby it was established, is the oldest
human rights complaint mechanism in the United Nations system. Under this procedure the
Commission, a political body composed of State representatives, generally deals with
situations in countries rather than individual complaints.

The 1503 Procedure, as amended in 2000, allows the complaints to remain confidential,
unless the national government indicates that they should be made public. At the same time,
the 1503 procedure allows the authors of a complaint to have their names deleted and
identities not revealed to the government.

Under the 1503 procedure, the Commission has the mandate to examine a consistent pattern
of gross and reliably attested violations of human rights and fundamental freedoms occurring
in any country of the world. Any individual or group claiming to be the victim of such human
rights violations may submit a complaint, as may any other person or group with direct and
reliable knowledge of such violations. Where an NGO submits a complaint, it must be acting
in good faith and in accordance with recognized principles of human rights. The organization
should also have reliable direct evidence of the situation it is describing.

The complaint submitted to the Office of the High Commissioner for Human Rights or the
United Nations, by mail specifying the rights alleged to have been violated. Each complaint
should describe the relevant facts in as much detail as possible, providing names of alleged

Page | 1
victims, dates, locations and other evidence. There must be reasonable grounds to infer from
the material that the alleged pattern of gross human rights violations exists.

The complaint may be rejected if it should not be submitted within a reasonable time
following the exhaustion of available remedies in own country. The complaint should not
anonymous or contain abusive or insulting language.

The Secretariat screens all complaints as they arrive. it will be acknowledged and forwarded
to the Government concerned for comment. Government replies remain confidential. The
Working Group on Communications meets and examines complaints and any replies received
from Governments. The Working Group comprises five members of the Sub-Commission for
the Promotion and Protection of Human Rights. It may decide to hold over a communication
to obtain replies or further information from the Governments concerned or for other reasons.

The proceedings of the Working Group are confidential. They are also conducted on the basis
of written material only, so that neither Governments nor complainants appear before it. It
should be noted that most complaints fail to proceed beyond this point. Governments are
advised of the decisions of the Working Group but individual or NGO are not.

The Working Group decides whether, in the light of all the material, the situation. The
Working Group may forward a situation to the Commission, in which case the Working
Group usually makes specific recommendations for action. Alternatively, it may decide to
keep a situation pending before it or to close the file.

The Commission on Human Rights, meeting in closed session, considers the situations
referred to it by the Working Group on Situations. Representatives of the Governments
concerned are invited to address the Commission and answer questions. At a subsequent
meeting shortly thereafter, the Commission considers its final decision, again in closed
session. Representatives of the Government concerned may also be present at this point.

The Commission may elect to keep a situation under review in the light of any further
information received or it may keep it under review and appoint an independent expert.
Alternatively, it may discontinue the matter under the 1503 procedure and take it up instead
under a public procedure, or discontinue the matter when no further consideration is
warranted. If it wishes, it may also make recommendations to its parent body, the Economic
and Social Council.

After the Commission has considered the situations before it, the Chairperson announces at a
public meeting the names of the countries examined under the 1503 procedure and those of
countries no longer dealt with under the procedure.

The Economic and Security Council also created by resolution the 1235 Procedure, which
should not be confused with the 1503 Procedure. The 1235 Procedure allows the Commission
on Human Rights to create an ad hoc working group of its own members for public study of
gross violations of human rights. Based on its own study the Commission makes
recommendations to the Economic and Security Council. Individuals cannot use the 1235
Procedure, although NGOs can access this mechanism.

The 1503 Procedure is similar to the procedure under the Commission on the Status of
Women (CSW) complaint procedure under the Commission on the Status of Women. The

Page | 2
major distinction, however, is that the purpose of the complaint procedure under the CSW is
to identify global trends and patterns of abuse of women’s rights, while the 1503 Procedure
focuses on widespread human rights abuses in specific countries.

The 1503 procedure has some advantages and disadvantages as follows.

1. A complaint may submit against any country whether it has ratified a particular treaty or
limited its obligations or not under the instrument.

2. Once you have submitted a complaint, not to respond again at a later point with further
information - the initial complaint is sufficient.

3. Complaint to reach the highest level of the United Nations human rights machinery, the
Commission on Human Rights. It may thus result a State to change laws, policies or
practices that infringe internationally guaranteed human rights.

Possible drawbacks of the procedure are that It will not be informed the individuals of the
decisions taken at the various stages of the process or the reasons for them. Nor will you be
informed not be informed the individual of the relevant Government's responses to
individuals complaint. There is no provision for urgent measures of protection.

Page | 3
 Unit III:-

Implementation, enforcement, remedies * the role of the ICJ * HR’s as

obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. What is the role of General Assembly in protection of human rights?

General Assembly and Human Rights

The General Assembly Established in 1945 under the Charter of the United Nations, the General
Assembly occupies a central position as the chief deliberative, policymaking and representative
organ of the United Nations. It provides a unique forum for multilateral discussion of the full
spectrum of international issues covered by the Charter. It also plays a central role in the process of
standard-setting and the codification of international law.

The General Assembly is the main deliberative organ of the United Nations. It is composed of
representatives of all member States and has a general mandate to discuss and make
recommendations on any matters within the scope of the UN Charter.

Under Article 13 of the UN Charter, the General Assembly is specifically mandated 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’. The
Assembly makes recommendations to States on international issues within its competence. It has
also taken actions across all pillars of the United Nations, including with regard to political,

Page | 1
economic, humanitarian, social and legal matters.

The Universal Declaration was adopted by the General Assembly of the United Nations on 10
December 1948. Motivated by the experiences of the preceding world wars, the Universal
Declaration was the first time that countries agreed on a comprehensive statement of inalienable
human rights.

The plenary regular session of the General Assembly runs from September to December, but can
reconvene at any time during the year. Each year the General Assembly addresses over 150 agenda
items, which are considered either in the plenary or in one of its six committees.

Because of the great number of items on the agenda, the Assembly allocates to its six Main
Committees items relevant to their work. One among from that committee is The Social,
Humanitarian and Cultural Committee also known as Third Committee with agenda of items
relating to a range of social, humanitarian affairs and human rights issues that affects people all
over the world. The Committees discuss matters under the agenda items, and recommend draft
resolutions and decisions to the Assembly for consideration and action.

The Third Committee (Social, Cultural, and Humanitarian) addresses most agenda items relevant
to human rights defenders, including women’s rights, children’s rights, indigenous peoples’ rights,
and the elimination of racism.

Numerous special procedures also report to the Third Committee on a number of these issues and
engage in an interactive dialogue with States. After completing its work, the Third Committee
submits draft resolutions to the General Assembly for final adoption.

Page | 2
 Unit III:-

Implementation, enforcement, remedies * the role of the ICJ * HR’s as

obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. What is the role of the ICJ in protection of human rights?

THE ROLE OF THE ICJ IN PROTECTION OF HUMAN RIGHTS

The development of international human rights, like that of any branch of international law, is
a process that takes place within the international legal and political framework with its own
laws, procedures, and institutions that shape the form and content of human rights.

The International Court of Justice (ICJ) has played a significant role in the development of
the protection of international human rights. Since international human rights treaties
generally have their own dispute settlement procedure, except some human rights treaties
such as the Convention on the Prevention and Punishment of the Crime of Genocide 1948,
International Convention on the Elimination of All Forms of Racial Discrimination 1965,
contain provision permitting referral to the Court after the pre-condition to resort to the
treaty-specific dispute settlement procedure.

Thus, The ICJ has had an opportunity to contribute an important jurisprudence to the
international law of human rights in such diverse fields as genocide, race discrimination,
immunities, consular access, nuclear weapons and diplomatic protection etc.

Articles 92 to 96 of the United Nations Charter lay down the provisions relating to
'International Court of Court of Justice’. There is statute annexed to the UN Charter called
'Statute of International Court of Court of Justice’. It contains 70 Articles (Articles 1 to 70)
The International Court of Justice may be looked as the successor to the Permanent Court of

1|Page
International Justice. It was established on 1946, which ceased to function through resolution
adopted by the Assembly of the League of Nations.

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
Its seat is at the Peace Palace in The Hague, Netherlands. Notably, it is the only UN principal
organ not situated in New York. It operates under a Statute, which is an integral part of the
Charter of the United Nations and to which all Member States are ipso facto parties. Those
nations that are not members of the UN may become parties to the Court’s statute with the
help of the Article 93 procedure.

The Court is composed of 15 judges elected to nine year term of office by the United Nations
General Assembly and Security Council, sitting independently of each other, and may not
include more than one judge of any nationality. The members of the ICJ do not represent
their governments but are independent magistrates. The judges must possess the
qualifications required in their respective countries for appointment to the highest judicial
offices, or be jurists of recognized competence in international law.

The Court has a dual role (1) to settle in accordance with international law the legal disputes
submitted to it by States, and (2) to give advisory opinions on legal questions referred to it by
duly authorized international organs and agencies.

Since 1946, the Court has delivered more than 110 judgments including violations of
international humanitarian law. The Court has also given 27 advisory opinions including the
status of human rights reporters.

The International Court of Justice is not a human rights court as such but their subject matter
jurisdiction is without limitation includes the violation of human rights is also a breach of
international law.

The United Nations Security Council (UNSC) can enforce ICJ judgements as per the UN
Charter. However, the permanent members of the UNSC can veto against any such ruling.

According to Article 59 of the Statute the decision of the court has no binding force except
between the parties and in respect of the particular case.

Further, the International court of justice made outstanding contribution for the development
of international law by delivering landmark decisions through its contentious cases involving
such questions of human rights, as the right of asylum, the rights of aliens, the rights of the
child, the question of the continued existence of the mandate for south west Africa, the
questions of the seizure and holding as hostages of members of the united states diplomatic
and consular staff in Iran, and the respect of basic humanitarian principles.

Kulbhushan Jadhav Case

Kulbhushan Jadhav, an Indian naval officer, was arrested in 2016 by Pakistani security forces
in Balochistan province after he reportedly entered from Iran. He was sentenced to death by a
Pakistani military court on charges of espionage and terrorism in 2017.

2|Page
On May 9, 2018, ICJ stayed his death sentence after India had moved a petition before the
UN body to seek justice for him, alleging violation of the Vienna Convention on Consular
Relations by Pakistan.

On 2019, India said Pakistan’s continued custody of Indian national Kulbhushan Jadhav
without any consular access should be declared “unlawful” as it was a violation of the Vienna
Convention.

In 2019, ICJ upheld that Pakistan had violated Article 36 of the Vienna Convention, 1963 on
Consular Relations, by not informing India about Jadhav’s arrest immediately after Pakistan
Army had taken him into custody. ICJ also found that India had been deprived of the ‘right to
communicate with and have access to Jadhav, to visit him in detention and to arrange for his
legal representation’, which meant that Pakistan had breached obligations incumbent upon it
under Article 36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations.
The provisions of the Vienna Convention, 1963 defines a framework for consular relations
between countries.

Hence, the ICJ has directed Pakistan to review the conviction order of Kulbhushan Jadhav
and, until then, put his death sentence on hold. ICJ also asked Islamabad to allow New Delhi
consular access at the earliest. This is a major diplomatic and legal victory for India in the
Jadhav case. Pakistan granted consular access for Jadhav in line with the ICJ ruling.

It is to be noted that the International Court of Justice is not a specialized human rights body
in terms of its jurisdiction and, procedures. The ICJ usually hears cases involving States that
have accepted the ICJ's jurisdiction, either by agreeing to submit the specific dispute to the
ICJ or by ratifying a treaty that sends disputes to the ICJ.
The ICJ has unlimited jurisdiction on Inter-states disputes but has limited jurisdiction in
terms of human rights. There are not many decisions made by ICJ which significantly
contribute to the protection of human rights. But it of course made small contributions to the
area of human rights.
The ICJ’s involvement with human rights has increased over the times with the adoption of
various human rights treaties within the UN. These international treaties provide protection
for some specific human rights. So, the ICJ gets a chance to interpret the treaties as a
specialized legal organ of the UN.

A large number of treaties provide opportunities for individuals to file individual

communications or individual complaints about the infringement of human rights. Article 34
of the ICJ’s statute says that “only states may be parties in cases before the Court” should
only be seen as a provision defining the competence of the Court. But it is no way restricting
the ICJ from hearing individuals’ complaints on human rights.

3|Page
The following cases also decidedd by ICJ while hearing on complaints on human rights.
rights

4|Page
 Unit III:-

Implementation, enforcement, remedies * the role of the ICJ * HR’s as

obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. What is the UNESCO procedure 104?

2. What is the role of UNESCO in human rights education?

UNESCO procedure 104

United Nations Educational, Scientific, Cultural Organization, is a specialized agency of the

United Nations.

The Executive Board of UNESCO decided, in 1978, to establish a dedicated procedure for
the examination of individual communications concerning alleged violations of human rights
in its fields of competence. The procedure is set up in 104 EX/Decision 3.3 and is generally
known as the “104 Procedure”.

The Committee on Conventions and Recommendations (CR Committee) is one of the

permanent subsidiary bodies of the Executive Board; The CR Committee has been entrusted
to examines communications received by the Organization at each ordinary session of the
Executive Board and adopts decisions with a view to helping to bring about a friendly
solution designed to advance the promotion of the human rights falling within UNESCO’s
fields of competence.

The 104 Procedure is characterized by its strict confidentiality and has greatly contributed to
further UNESCO’s directives in the area of human rights.

The CR Committee seeks a friendly solution to cases brought to UNESCO’s attention:

1. By establishing a discussion with the governments concerned to examine with them in
complete confidentiality what could be done to promote human rights falling within the
Organization’s competence;

2. By acting “in a spirit of international cooperation, conciliation and mutual understanding,

the UNESCO should not play the role of an international judicial body”.

A communication under the 104 Procedure may be submitted to UNESCO by any

individual, group of individual or non-governmental organization with respect to any
alleged violation of human rights falling within UNESCO’s fields of competence. So, a
communication may make the victim himself or by a person or organization having reliable
knowledge of such violation.

Victim here may be any person who is a victim of a human right violation on account of
having exercised one or more rights falling within UNESCO’s competence, notably in the
areas of education, science, culture or communication. These may include teachers, students,
researchers, artists, writers, journalists, in short intellectuals who, by virtue of their position,
come within UNESCO’s fields of competence.

The rights falling within UNESCO’s competence are essentially each article mentioned
hereunder refers to the 1948 UDHR and the rights concerned are also mentioned in the 1966
International Covenants on human rights.

1) The right to education (Article 26);

2) The right to share in scientific advancement (Article 27);
3) The right to participate freely in cultural life (Article 27);
4) The right to information, including freedom of opinion and expression (Article 19).

These rights may imply the exercise of other rights, the most noteworthy of which are:

1) The right to freedom of thought, conscience and religion (Article 18);

2) The right to seek, receive and impart information and ideas through any media and
regardless of frontiers (Article 19);
3) The right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production (Article 27);
4) The right to freedom of assembly and association (Article 20) for the purposes of
activities connected with education, science, culture and information.

A communications to be submitted to UNESCO by A letter is to be addressed to the Legal

Adviser and Director of the Office of International Standards and Legal Affairs of UNESCO
address. The letter must contain a concise statement of the allegations of human rights
concerned; it must be signed and must draft in either English or French. Upon receipt of the
letter, the UNESCO Secretariat will send to the author of the letter a form, which must be
completed and returned to UNESCO. This constitutes the formal communication which will
be considered by the CR Committee.

Upon receipt of the completed form, the Secretariat acknowledges receipt of the
communication, which is transmitted to the government concerned which may provide any
reply it wishes to make. The communication, together with the reply of the government
concerned and any additional information the author of the communication may provide, are
transmitted to the CR Committee for its examination.

The CR Committee examines communications in private session, usually twice a year. The
CR Committee first considers the admissibility of the communication. If even one of these
conditions is not met, the CR Committee will take no further action on the communication.
Thereafter, the CR Committee turns to the examination of the merits of the communication.

In its examination of the communication, the CR Committee considers all the documentation
before it. The representatives of the government concerned are also invited to provide
information and answer questions asked by members of the Committee on either the
admissibility or the merits of the communication.

At each session, the CR Committee submits confidential reports to the Executive Board on its
examination of communications, which are considered by the Executive Board in private
session.

If needed, the CR Committee may decide to continue its examination of a communication at a

later session, asking the author of the communication and the government concerned to
provide additional information.

Following the session during which a communication has been examined by the Committee,
its author and the government concerned by it are informed of the Committee’s decisions,
which are not subject to appeal. However, the Committee may agree to re-examine a
communication if it receives additional information or new facts.

On several occasions, the Director-General has personally made humanitarian representations

on behalf of alleged victims of human rights in UNESCO’s fields of competence, whose
cases demanded urgent examination.

The CR Committee takes decisions by which it seeks to bring about an amicable solution to
the situation of the alleged victim designed to advance the promotion of human rights. Since
the Committee is not in any way an international tribunal, it endeavours to resolve the
problem in a spirit of international cooperation, dialogue, conciliation and mutual
understanding.

There are ten conditions, which need to be met for the communication to be considered
admissible, namely:

(i) The communication must not be anonymous;

(ii) The communication must originate from a person who, are victims of an alleged violation
of any of the human rights, NGO or having reliable knowledge of those violations;

(iii) The communication must concern violations of human rights falling within UNESCO's
competence in the fields of education, science, culture and information.
(iv) The communication must be compatible with the principles of the Organization, the
Charter of the United Nations, the Universal Declaration of Human Rights, the international
covenants on human rights and other international instruments in the field of human rights;

(v) The communication must not be manifestly ill-founded and must appear to contain
relevant evidence;

(vi) The communication must be neither offensive nor an abuse of the right to submit
communications.

(vii) The communication must not be based exclusively on information disseminated through
the mass media;

(viii) The communication must be submitted within a reasonable time-limit following the
facts which constitute its subject-matter or within a reasonable time-limit.

(ix) The communication must indicate whether an attempt has been made to exhaust available
domestic remedies with regard to the facts which constitute the subject-matter of the
communication and the result of such an attempt, if any;

(x) Communications relating to does not be the matters already settled by the States
concerned in accordance with the international human rights principles.

The 104 Procedure has certain specificities which distinguish it from other human rights
procedures in the United Nations system:

1) It is not treaty-based, as it has been defined by a decision of the Executive Board;

2) Communications may be made with respect to alleged human rights violations against
any UNESCO Member State, irrespective whether it is or not a party to any specific
human rights treaty;

3) The individual nature of communications is preserved throughout the procedure, i.e. they
are examined in their own merit and not as sources of information relating to any possible
broader situation of flagrant and systematic human rights violations;

4) The authors of the communication and the Member State concerned are given the
possibility to provide their arguments in a confidential setting and this confidentiality is
maintained throughout the procedure, including its final outcome;

5) The procedure is neither judicial nor quasi-judicial in nature: it aims at helping bring
about an amicable solution to the situation of the alleged victim designed to advance the
promotion of human rights, avoiding any conflictual and accusatory context or
condemnation of the government concerned.
 Unit III:-

Implementation, enforcement, remedies * the role of the ICJ * HR’s as

obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. What do you mean by humanitarian intervention?

2. What are the principles of humanitarian intervention?

HUMANITARIAN INTERVENTION

An intervention means interference of one state in the affairs of another state or states acting
for a common goal. Article 2 under the UN Charter codifies the principle of territorial
integrity of states and that prohibits interventions by any individual states into any other state.

There are three categories of intervention namely;

1. Internal interventions – It means the interference by any state into the internal matters
of another state’s territory or airspace with the help of military forces. Internal
Intervention is interference by a State in a civil war going on within the territory of
another State. The intervening State may side with the insurgents or the legitimate
government. In 1936, a number of States intervened in the civil war in Spain. Intervention
by the Russian forces in the uprising of the Hungarian people in October 1956 is another
example of intervention.

2. External interventions – It means basically having a hostile relationship with another

state and the motive behind this kind of intervention is generally to wage a war against
the other state. External intervention is the interference by one state in the relations of two
or more states without the consent of both or either of them. [Link] points out that
there is no real difference between war and external belligerent intervention. Further, as
punitive intervention is only a mode of redress falling short of war for some alleged
 international wrongs; the grounds advanced for its justification are co-extensive with all
possible breaches of international law.

3. Punitive – It means an intervention done with a motive of retaliation. Where a state

retaliates to the actions of another, it may be a neighboring state which has failed to obey
any kind of international law. Punitive intervention is measure of redress of political a
grievance by one state against another, which does not actually constitute or contemplate
a state of war between the two States. A pacific blockade to compel the observance of
treaty engagements or to redress some breach of law provides an example of this kind of
intervention.

The word 'Intervention' literally means "to interfere in the affairs of another". In International
law, it means "any act of interference by one country/State in the affairs of another by force
or any other means".

Every state has an inalienable right to manage the affairs of its own. But, there are certain
circumstances under which a State or group of States interferes with the affairs of another
State to compel to do something or refrain from doing something. Such interference is called
"Intervention". Intervention of India in the affairs of Pakistan in 1971, when the refugees of
Bangladesh flew into West Bengal, intervention of America and Russia in the affairs of
Afghanistan is some of the examples of intervention.

Provisions of the [Link]

Article 2, Paragraph 4, of the Charter implicitly prohibits intervention on the part of

individual States when it ordains the members to refrain in the international relations from the
threat or use of force against the territorial integrity or political independence of any State.
International Law, however permits intervention, as dictatorial interference by one State in
the: affairs of another State, "only as reaction of the former against violation of its rights by
the latter. Such a doctrine is possible only if the bellum justum principle is recognised. For it
is incompatible with the view that war, the most radical dictatorial interference in the affairs
of another State, is not forbidden by general International Law."

On October 24, 1970, the General Assembly of the United Nations passed a resolution titled
"Declaration on Principles of International Law concerning Friendly Relations and Co-
operation among States in accordance with the Character of the U.N." The resolution inter
alia stated that no State or group of States has the right to intervene directly or indirectly in
the internal or external affairs of any other State and that every State has the duty to refrain
from organizing activities within its territory directed towards the commission of such acts.

The U.N. Charter in general prohibits intervention. However, Article 51 of the charter
provides for some valid grounds of intervention, including justification for intervention is
based on the ground of humanity.

Lawrence observes that in the opinion of many writers such interventions are legal, but they
cannot be brought within the ordinary rules of International Law, which does not impose on
State the obligation of preventing barbarity on the part of their neighbors.

During 19th Century, numerous interventions took place on the grounds of humanity. These
interventions occurred when human rights were violated in a state and the people were
persecuted mercilessly, the other states could intervene in the affairs of that state in order to
check such persecution and violations of human rights. The three great powers, Great Britain,
France and Russia jointly intervened in conflict of Greece and Turkey in 1827, to check
violations of human rights. In 1860, intervention again took place to protect the Christians of
Mount Lebanon, in 1878 to secure the deliverance of the Balkan States and in 1891-.1896
following massacres in Armenia and in Crete.

Provisions in the [Link]: The Charter of the United Nations reaffirms its faith in
promoting and encouraging respect of human rights and for fundamental freedoms for all
without distinction as to race, sex, language or religion. The General Assembly is enjoined by
the Charter to assist in the realization of human rights and fundamental freedoms for all
without any distinction.
 Unit III:-

Implementation, enforcement, remedies * the role of the ICJ * HR’s as

obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. Explain the human rights as obligations under the United Nations charter?

HUMAN RIGHTS AS OBLIGATIONS UNDER THE UNITED NATIONS CHARTER

The United Nations (UN) has created a global structure for protecting human rights, based
largely on its Charter, non-binding declarations, and legally binding treaties and on various
activities aimed at advancing human rights throughout the world.

The UN Charter contains some provisions which require the UN to promote respect for
human rights of all, and some provisions which empower certain organs of the UN to take
measures for the same purpose. The main purpose of the establishment of UN is maintenance
of international peace and security which cannot be achieved without the protection of human
rights.

The UN Charter provides certain provisions relating to Human Rights for protection of
human rights the preamble of the Charter in its first 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
nations large and small....'.

Article 1(3) of the UN Charter provides that international problems economic, social and
cultural can be solved by promoting and encouraging the respect for human rights and
fundamental freedoms without any discrimination on the ground of race, sex, language or
religion.
Article 8 states that ‘the United Nations shall place no restrictions on the eligibility of men
and women to participate in any capacity and under conditions of equality in its principal and
subsidiary organs.

Article 13 provides that 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.

Article 55 of the UN Charter imposes duty to promote `universal respect for observance of
human rights and fundamental freedoms. Under Art.56, all member states have agreed to
pledge themselves to take joint and separate action in co-operation with the organization.

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

Article 76 (c) 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 independence of the
peoples of the World.

In addition, the Charter has referred repeatedly the concept of 'fundamental human rights',
'the dignity and worth of the human person', 'equal rights', 'justice' social progress' and
fundamental freedoms.

There had been a controversy as to whether the provisions of the Charter concerning human
rights create obligation on the members. Some authors are of the view that 'the Charter
clauses only contain provisions to co-operate' and do not impose any obligations. On the
other hand, some other authors contend that the Charter 'imposes upon the members of moral
and, however imperfect, probably a legal-duty'.

There are two weaknesses with respect to the Charter provisions on human rights. (1) The
Charter of the United Nations does not make provisions for the implementation of human
rights. (2), the human rights and fundamental freedoms are not defined in the Charter so it’s
very difficult identifying. From these two points of view, the Charter of the United Nations
does not impose legal obligations upon the contracting States with respect to human rights
and fundamental freedoms.
 Unit III:-

Implementation, enforcement, remedies * the role of the ICJ * HR’s as

obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. What is the Role of Nongovernmental Organizations in the issue of human rights?

The Role of Nongovernmental Organizations

The nongovernmental organizations (NGOs) have played a prime role in focusing the
international community on human rights issues. NGO is a non-government body that works
for different social goals and objectives.

NGOs monitor the actions of governments and pressure them to act according to human
rights principles. For example, NGO activities surrounding the 1995 United Nations Fourth
World Conference on Women in Beijing, China, drew unprecedented attention to serious
violations of the human rights of women. NGOs such as Amnesty International, the
Antislavery Society, the International Commission of Jurists, the International Working
Group on Indigenous Affairs, Human Rights Watch, Minnesota Advocates for Human
Rights, and Survivors International monitor the actions of governments and pressure them to
act according to human rights principles.

Many United States Presidents such as Abraham Lincoln, Franklin Roosevelt, Lyndon B.
Johnson, and Jimmy Carter have taken strong stands for human rights. In other countries
leaders like Nelson Mandela and Vaclev Havel have brought about great changes under the
stream of human rights.

Human rights protect the person’s right to freedom, right to life and liberty, freedom from
slavery and torture, etc. These are universally accepted principles governed by International
law. However, the weaker sections of the society sometimes cannot survive with the existing
legal structure on human rights. Hence, the Non-Governmental Organizations (NGOs) were
emerged and play a vital role in pressure the government to act according to human rights
principles.

NGOs are organizations which work towards helping people grow. A very well-defined
meaning of the term NGO is given by the World Bank as, private organizations which
conduct activities to promote the interests of the poor, provide social services, and undertake
community development.

International law does not mention the legality of NGOs. However, as NGOs are spread out
in many countries, national laws do regulate NGOs as legal entities. For example, in India
NGOs come under the purview of different legal enactments like the Income Tax Act 1961,
the Societies Registration Act 1860, the Companies Act 2013, and the Public Trust Acts of
that particular state. So, universal legal recognition to the NGOs under international law is
necessary to ensure the participation of more NGOs in the administration and their decision-
making process, which will help the political leadership of the country. Further, people will
also trust these organizations more and will benefit from them to protect their human right.

The scope of NGOs has widened. The Vienna Conference in 1993 conducted by the United
Nations, which was attended by roughly around 840 NGOs around the world, undertaking for
a combined human rights mission. Human rights NGOs work towards the betterment of
humanity and help in providing assistance to victims suffering from human rights violations,
collecting information on persons violating human rights and reporting the same to various
agencies, spreading awareness, and educating about the importance of human rights.

In 2007, the United Nations established the Human Rights Council for the protection of
human rights around the world. NGOs played an important role by participating in various
discussions of the Council. They were instrumental in bringing to the notice of the Council
various human rights violations around the world, suggesting different kinds of solutions, and
approving certain resolutions. They have been key for putting pressure on their respective
governments as well as the UN organs for the protection of human rights above all.

Amnesty International is one of the biggest human rights NGOs in the world. Founded in
1961, this organization has been founded fundamental role in promoting the protection of
human rights around the world. It has exposed human rights violations by governments,
armed militias, political groups, etc. and 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 time the organization make an effort to ensure human rights are
not violated in Israel and Palestine-occupied areas, pressing providing humanitarian aid to
Syrian area devastated by war, helping with COVID-19 relief work, ensuring LGBTQ
equality, and sexual reproductive rights around the world.

The NGOs have played an important role in address human rights issues at COVID-19
pandemic situations and providing aid to those suffering from human rights violations. Still,
NGOs across the world are doing a great job in protecting the human right by helping various
UN organizations.
 Unit III:-

Implementation, enforcement, remedies * the role of the ICJ * HR’s as

obligations under the UN Charter * the principle of humanitarian intervention
* the General Assembly and the implementation of human rights standards *
ECOSOC * the Commission on Human Rights, the Sub-commission on the
Prevention of Discrimination and Protection of Minorities, Commission on
Status of women * the UN High Commissioner on Human Rights * the
specificity of human rights agreements * International procedures for making
complaints within the UN system * The Human Rights Committee * the
individual complaint under the Optional Protocol to the ICCPR * Human
Rights Council - Committee on Economic, Social and Cultural Rights * Other
treaty bodies and their procedures: the Committee against Torture, the
Committee on the Elimination of Racial Discrimination, the Commission on
the Status of Women, the Committee on the Rights of the Child. * Complaint
Procedure under the UNESCO 1978 decision * Complaint procedures under
ILO * 1253 Procedure and the resolutions adopted by the Commission on
Human Rights * 1503 Procedure – structure of the petition-information
alleging the existence of a consistent pattern of gross and reliably attested
violations- from Nuremberg to the ICC * International NGOs and their role.

1. What are the UN enforcement mechanisms of human rights?

2. What are the mechanisms for the implementation of the UN at international level?

Human Rights Enforcement Mechanisms of the United Nations

Since the ratification of the Universal Declaration of Human Rights, several United Nations
mechanisms for enforcing and protecting economic, social, and cultural rights have emerged.
International human rights enforcement mechanisms can be classified into two main
categories:

1. UN Charter-based bodies and procedures

2. Treaty based bodies and procedures.

International human rights enforcement mechanisms under UN Charter based bodies derive
from provisions in the Charter of the United Nation and International human rights
enforcement mechanisms under treaty based bodies created under international human rights
treaties. These two mechanisms complement each other.

1. UN Charter-based bodies and procedures

The very purpose of the establishment of United Nations in 1945 is maintenance of

International peace and security, which cannot be achieved without the protection of human
rights. All the six principal organs of the United Nations, such as, the General Assembly, the
Economic and Social Council, the Security Council, the Trusteeship Council, the
International Court Justice and Secretariats make effective contribution to promote and
protect human rights and fundamental freedoms throughout the world.
Four specialized agencies, namely, the International Labour Organization, the United Nations
Educational, Scientific and Cultural Organisation, the World Health Organisation and the
Food and Agriculture Organization of the United Nations are successfully carrying out their
activities in the human rights field.

Seven monitoring committees -the Committee on the Elimination of Racial Discrimination,

the Human Rights Committee, the Committee on the Elimination of Discrimination against
Women, the Committee on Economic, Social and Cultural Rights, the Committee against
Tortures, the Group of three and the Committee on the Rights of the Child-have been recently
established. Their functions are to monitor and supervise the implementations of concerned
multilateral treaties, which are meant to ensure the enjoyment of human rights and
fundamental freedoms by everyone without distinction.

The relevant functions and powers of these bodies with regard to promotion and protection of
human rights are discussed below:

a. Through Principal Organs:

1. Through General Assembly:

The General Assembly under Article 22 of the UN Charter is empowered to establish such
subsidiary organs as it deems necessary for promotion and protection of human rights. Eg (1)
International Law Commission; (1) Special Committee on Decolonization. The International
Law Commission was established vide Resolution 21 of the General Assembly. Its main
object is, codification of International Law Commission and progressive development.
Whereas the Special Committee on Decolonization was established vide General Assembly
Resolution 27 in November 1961. The main function of this Committee is to monitor
implementation of the Declaration on the Granting of Independence to Colonial Countries
and People's, which lays down that all people have a right to self-determination and that
colonialism should be brought to a speedy and unconditional end. The Committee also
organizes seminars to examine the problems faced by the people of territories and to devise
methods to help them in their pursuit towards self-determination.

1. Security Council

The primary function of the Security Council is to maintain International Peace and security.
In this process, it also deals with human right problems. The allegations of 'violations or
denials of human rights and fundamental freedoms have repeatedly given rise to situations
brought to the attention of the Security Council.

2. Economic and Social Council

The main function of Economic and Social Council is promotion of economic and social
progress, better standards of human welfare and observance of human rights and fundamental
freedoms.

3. Trusteeship Council
The Trusteeship Council, under the authority of the General Assembly is assigned with the
task of carrying out the objectives/provisions enshrined in Art.76 of the UN Charter.

i) To further international peace and security.

ii) To promote the political, economic, social and educational advancements of the
inhabitants of the trust territories, and their progressive development towards self-
government or independence as may be appropriate to the particular circumstances of
each territory and its people and the freely expressed wishes of the people concerned, and
as may be provided by the terms of each trusteeship agreement.
iii) 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 inter
dependence of the people of the world; and
iv) To ensure equal treatment in social, economic and commercial matters for all Members of
the United Nations and their nations, and also equal treatment for the latter in the
administration of justice.
4. The International Court of Justice

The International Court of Justice has been instrumental in deciding some contentious cases
involving such questions of human rights, as 'the right of asylum, the rights of aliens, the
rights of the child, the question of the continued existence of the mandate for South West
Africa, the questions of the seizure and holding as hostages of members of the United States
diplomatic and consular staff in Iran, and the respect of humanitarian principles."

5. The Secretariat

The Secretariat deals with the human rights questions through the Division for the
Advancement of Women of the Centre for Social Development and Humanitarian Affairs and
the Office of Legal Affairs. The Division for the Advancement of Women of the Centre for
Social Development and Humanitarian Affairs is located at the United Nations Office at
Vienna. It is headed by a Director. The primary concern of the Division lies in providing
secretariat services to the Third Committee of the General Assembly, the Second (Social)
Committee of the Economic and Social Council and their subsidiary bodies when they deal
with questions related to the advancement of women; to the Commission on the status of
Women at all times; and to international conferences and seminars concerning the
advancement of women.

UN Charter based Institutions:

1. Commissions on Human Rights

According to Article 68 of the UN Charter, the Economic and Social Council is

empowered to set up seven functional commissions for protection of human rights as
stated below:

i) The Commission on Human Rights.

ii) The Statistical Commission.
iii) The Population Commission.
 iv) The Commission for Social Development.
v) The Commission on the Status of Women.
vi) The Commission on Narcotic Drugs; and
vii) The Commission on Crime Prevention and Criminal Justice.

2. Sub-Commission on Prevention of Discrimination and Protection of Minorities.

The sub-Commission on Prevention of Discrimination and Protection of Minorities is the

main subsidiary organ of the Commission on Human Rights. It was established by the
Commission in 1947. The functions of this Sub-Commission are as follows:

i. To undertake studies, particularly in the light of the Universal Declaration of Human

Rights, and to make recommendations to the Commission on Human Rights Concerning
the prevention of discrimination of any kind relating to human rights and fundamental
freedoms and the protection of racial, national, religious and linguistic minorities.

ii. To review developments in the field of slavery and the slave trade in all their practices
and manifestations, including the slavery-like practices of apartheid and colonialism, the
traffic in persons and the exploitation of the prostitution of others as they are defined in
the Slavery Convention of 1926, the Supplementary Convention on the Abolition of
Slavery, the Slave Trade and Institutions and Practices Similar to slavery of 1956, and the
convention for the suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others of 1949.

iii. To perform any other functions this may be entrusted to it by the Economic and Social
Council or the Commission on Human Rights.

3. Commission on the Status of Women.

It performs four major functions of programming, co-ordination, monitoring and policy

development. The Commission on the status of Women is also authorized by the Economic
and Social Council to consider confidential and non-confidential communications on the
Status of Women received from the individuals that appear to reveal a consistent pattern of
reliably attested injustice and discrimination practices against women.

4. Office of the United Nations High Commissioner for Refugees.

The Office of the United Nations High Commissioner for Refugees was established in 1949.
It is an important organ of the United Nations set up to solve the problems of refugees,
displaced persons, stateless persons and returnees, in accordance with the provisions of the
Charter and the provisions of Article 14 of the Universal Declaration of Human Rights. It has
its head quarters at Geneva. The High Commissioner or the Officer is elected by the United
Nations General Assembly on the nomination of the Secretary-General for a terms specified
by the General Assembly.

2. Treaty based bodies and procedures.

For successful implementation of the provisions embodied in international conventions and
declarations, certain monitoring bodies are setup. They are-

i) Committee on the Elimination of Racial Discrimination

It was established in 1969 pursuant to Article 8 of the International Convention on the

Elimination of All Forms of Racial Discrimination.

ii) Human Rights Committee

The Human Rights Committee was established in 1976 in accordance with part IV of the
International Covenant on Civil and Political Rights. It consists of 18 members elected by
States parties for a term of four years. The main concern of the Committee lies in monitoring
the implementation of the International Covenant on Civil and Political Rights and its
Optional Protocol.

The Human Rights Committee performs following functions:

a) The Committee studies the reports submitted by States parties on measures adopted by
them to give effect to the rights recognized under the covenant and make suggestions and
general recommendations to the States parties.

b) The Committee under certain circumstances receives and considers communication in

which a State party claims that another State party is not fulfilling its obligations under the
present covenant.

c) The Committee, in case of disputes between States parties, appoints an ad-hoc conciliation
Commission to make available to such states parties good offices of the conciliation
commission with a view to an amicable solution of the matter; and d) The Committee
receives and considers communications from individuals who claim to be victims of a
violation of any of the rights set forth in the Covenant. The Committee forwards its views to
the State Party concerned and to the individuals.

iii) Committee on the Elimination of Discrimination against Women.

The Committee on the Elimination of Discrimination against Women was established in 1982
to monitor the implementation of the Convention on the Elimination of all Forms of
Discrimination against Women. The Committee consists of 23 members elected by the States
parties for a term of four years. The Elimination of All Forms of Racial Discrimination was
adopted by the General Assembly on 21 December 1965 and entered into force on 4 January
1969. Part V of the Convention sets following mandate for the Committee.

a) The Committee considers the reports of States parties on measures adopted by them to give
effect to the provisions of the Convention;

b) The Committee considers the reports of States parties on measures adopted by them to
give effect to the provisions of the Convention;

c) The Committee prepares annual report for the consideration of the General Assembly.
iv) Committee against Torture

The Committee against Torture was established by the States parties in 1987. Its main
concern lies with the monitoring of the implementation of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.

v) Committee on Economic, Social and Cultural Rights

It was constituted to monitor the implementation of the International Covenant on Economic,

Social and Cultural Rights.

vi) Group of three

The Group consists of three members appointed by the Chairman of the Commission on
Human Rights from amongst the members of the Commission who are also representatives of
State parties to the International Convention on the Suppression and Punishment of the Crime
of Apartheid. They are appointed at each annual session. Their task is to monitor the
implementation of the International Convention on the Suppression and Punishment of the
Crime of Apartheid, in particular, to consider reports received from States parties on the
legislative, judicial, administrative or other measures adopted by them. The present
International Convention was adopted by the General Assembly on 30 November 1973 and
came into force on 18 July 1976.

vii) Committee on the Rights of the Child.

The Committee on the Rights of the Child was established in 1991 by the States parties to the
Convention on the Rights of the Child. It consists of 10 experts elected by States parties for a
term of four years. The main function of this Committee is to monitor the implementation of
the Convention on the Rights of the Child. For this purpose, the Committee is authorized to
consider the reports submitted by States parties on the measures adopted by them to give
effect to their undertakings under the Conventions' "to make such general comments on the
reports, suggestions and general recommendations as it may considers appropriate; and to
transmit to specialized agencies, the United Nations Children" Fund (UNICEF), and other
competent bodies any reports from States parties that contained a request, or indicate a need,
for technical advice or assistance.
 1. What are the regional arrangements on human rights?
2. What are the regional agreements for the protection of human rights?
3. What are the three main regional human rights systems?
4. What is the importance of regional conventions on human rights?

REGIONAL CONVENTION ON HUMAN RIGHTS

A regional arrangement is understood as institutional arrangements formally created by three

or more states, for the purposes of follow common objectives, through agreements, based on
some form of geographical places.

Regional human rights systems strengthen the protection and enjoyment of human rights by
taking into account regional considerations, such as shared regional customs, values, culture,
and practices.

The idea of regional arrangements for the promotion and protection of human rights has been
attain recognition since the adoption of the Universal Declaration of Human Rights, 1948.

The UN General assembly in its 49th session emphasized that regional arrangements play a
leading role in promotion and protection of human rights, and directed that Commission on
Human Rights to take follow up action establishment of regional agencies.

Chapter VIII containing Articles 52 to 54 of the UN Charter deals with Regional

Arrangements. There are three regional systems for the protection of human rights, namely:

1) The European Convention on Human Rights, 1950.

2) The American Convention on Human Rights, 1969.
3) The African Charter on Human and Peoples' Rights, 1981.

1. The European Convention on Human Rights, 1950

The Council of Europe an international organization was formed by west European nations in
1949. Article 3 of the Statute of Council of Europe provides that every member must accept
the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of
human rights and fundamental freedoms. For the Protection and promotion of human rights
and fundamental freedoms two treaties have been concluded under the support of the Council
of Europe.

a) The European convention on Human Rights and

b) The European Social Charter.

The adherence to these human rights convention now has become an essential condition for
the membership of the Council.

The European Convention on Human Rights

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The Statute the Council of Europe established by the Congress of Europe, made it very clear
that, to achieve the objective of the European Unity, maintenance and promotion of Human
Rights is necessary. The negations within the Council led to the emergence of the European
Convention on Human Rights.

The European Convention for the Protection of Human Rights and Fundamental Freedoms
(ECHR) was adopted on 4 November 1950. It was signed in Rome by the Members of
Council. It came into force on 3 September 1953. By the year 2000, the Convention had 41
Contraction States.

The European Convention comprises of 66 Articles divided into five sections with preamble.
The rights and freedoms recognized in this convention are set forth in the first section of the
convention (Article 2-18) and in favor additional agreements, known as Protocols No.1, 4, 6
and 7 to the convention.

Article 1 provides that parties to the Convention shall secure to everyone within their
jurisdiction the rights and freedoms defined in Section I. Section I containing Articles 2 to 18.
Most of the rights under Articles 2 to 18 have been taken from the Universal Declaration of
Human Rights. Section II contains only Article 19, which makes provision for the
establishment of (1) A European Commission on Human Rights; and (2) A European Court
of Human Rights. Section ill containing Articles 20 to 37 deals with the powers and functions
of the Commission on Human Rights. Section IV comprising of Articles 38 to 56 deals with
the powers and functions of the European Court on Human Rights. Section V containing
Articles 57 to 66 contains miscellaneous provisions.

Section 1 of the Convention containing Articles 2 to 18 provides for various rights and
freedoms stated below.

1. Right to life (Article 2) and right to liberty and security of person (Article 5).
2. Freedom from torture or to inhuman or degrading treatment or punishment (Article 3).
3. Freedom from slavery or servitude (Article 4, Para 1).
4. Freedom from forced or compulsory labor (Article 4, Para 1).
5. Right to a fair and public hearing (Article 6).
6. Non-retroactive application of criminal law (Article 7).
7. Right to respect for his private and family life, home and correspondence (Article 8).
8. Right to freedom of thought, conscience and religion (Article 9).
9. Right to freedom of expression (Article 10).
10. Right to freedom of peaceful assembly and freedom of association with others (Art. 11).
11. Right to marry and to found a family (Art.12).
12. Right to have effective remedy before a national tribunal against the violations of the
rights and freedoms (Article 13).
13. Right to the peaceful enjoyment of his possessions (Article 11, Protocol 1).
14. Right to education (Article 2, Protocol 1).
15. Holding of free elections at reasonable intervals by secret ballot (Article 3, Protocol 1).
16. Abolition of death penalty (Article 1, Protocol 6).
17. Freedom from expulsion from a State (Article 3, Protocol 4).
18. Right of review of a convention by a higher Court (Article 2, Protocol 7).
19. Freedom from collective expulsion (Article 4, Protocol 4).

Enforcement Machinery

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Section II containing Article 19 provides for the enforcement machinery for implementation
of various rights and freedoms protect in the European Convention. They are –

1. European Commission on Human Rights; and

2. The European Court of Human Rights.

1. European Commission on Human Rights:

Section II containing Article 19 provides for establishment of the European Commission on

Human Rights. Section III comprising Articles 20 to 37 deals with powers and functions of
the Commission.

Constitution

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. However, they
were entitled for re-election. The members of the Commission sit on the Commission in their
individual capacity. They must be persons of high moral character and possess the
qualifications required for appointment to high judicial office of their country.

Functions

Section III containing Articles 20 to 37 deals with the powers and functions of the
Commission. The principal functions are —

i) To consider any allegation of breach of the Convention by a party to the Convention

referred to the Commission by any other party.

ii) To consider petitions from any person, NGO 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 this
Convention, provided the High Contracting Party against which the complaint has been
lodged has accepted by making a declaration to this effect the competence of the Commission
to receive such petition.

2. The European Court of Human Rights

Section II containing Article 19 provides for the establishment of the European Court of
Human Rights and Section IV comprising of Articles 38 to 56 deals with the powers and
functions of the European Court of Human Rights.

Constitution:

The European Court of Human Rights consists of a number of judges equal to the number of
the members of the Council of Europe and no two judges shall be the national of the same
State. They shall be the persons of high moral character and shall possess such other
qualifications as are required for the appointment to high judicial office or are jurists of

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recognized competence. Judges are elected for nine-year terms by the parliamentary assembly
of the Council of Europe.

Powers and Functions

Section IV comprising of Articles 38 to 56 of the convention deals with powers and functions
of the Court. The jurisdiction of the Court extended to all cases concerning the interpretation
and application of the present Convention. The cases could be brought before the Court only
by the High Contracting Parties and the Commission. Only those High Contracting Parties
could file a case whose national is alleged to be a victim, which referred the case to the
Commission and against which the complaint has been lodged.

Jurisdiction of the Court assume that the matter has been first referred to the Commission and
that the Commission to the Committee of Ministers. However, the cases could be brought
only by those High Contracting Parties, which had accepted the jurisdiction by making a
declaration.

The declaration could be made by the Parties at any time unconditionally or on conditions of
reciprocity or for a special period. These declarations were deposited with the Secretary
General of the Council of Europe, who transmitted the copies to the High Contracting Parties.
The judgment of the Court was final. However, it was binding only on the parties to the case.
The judgment was transmitted to the Committee of Ministers, which supervised its execution.

2. The American Convention on Human Rights, 1969

American Convention on Human Rights was adopted by the Organization of American States
at its inter-Governmental conference held in San Jose, Costa Rica on 22 November 1969. It
came into force in July 1978. For the promotion and enforcement of Human Rights and
fundamental freedoms the American Convention has adopted following two institutions

i) The In American Commission on Human Rights; and

ii) The Inter American Court of Human Rights.

i) Inter American Commission on Human Rights

It was established in 1959 under the American Convention on Human Rights. It consists of
seven members who are required to be person of high moral character and recognized
competence in the field of human rights. They are elected in their personal capacity by the
General Assembly of the Organization from a list of candidates proposed by the
governments of the members States. Article 37 of the American Convention provides that
the member of the Commission shall be elected for a term of four years and may be elected
only once. The terms of three of the members chosen in the first election shall expire at the
end of two years.

Powers and Functions

The main functions of the Commission are to promote respect for and defense of human
rights. In the exercise of its mandate, it shall have the following functions and powers:

i) To develop an awareness of human rights among the peoples of American.

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ii) To make recommendations to the Governments of the member States, when it considers
such action advisable, for the adoption of progressive measures in favor of human rights
within the frame work of their domestic law and constitutional provisions as well as
appropriate measures to further the observance of these rights.
iii) To prepare such studies or reports as it considers advisable in the performance of its
duties.
iv) To request the Governments of the member States to supply it with information on the
measures ado ted by them in matters of human rights.
v) To respond through the General Secretariat of the Organization of American States, to
inquiries made by the member States on matters related to human rights and within the
limits of its possibilities, to provide those States with the advisory services they
requested.
vi) To take action on petition and other communications pursuant to its authority, under the
American Convention; and
vii) To submit an annual report to the General Assembly of the Organization of American
States.

The main function of the Inter American Commission is the Protection and observance of
human rights.

ii) The Inter American Court of Human Rights

The Inter American Court of Human Rights was adopted by the General Assembly of the
Organization of American States in its 9th Session held in Bolivia in October 1979.

Constitution

The Inter American Court of Human Rights consists of seven judges. They are the nationals
of the member States of the Organization. Judges are elected in their individual capacity
from amongst the jurists of the 'highest moral authority' and of recognized competence in the
field of human rights and who are qualified for the appointment of the highest judicial office
of the State. No two judges may be the nationals of the same State. Judges are elected for a
term of six years, but they can be reelected only once. Five judges out of seven constitute the
quorum for the Court. The Commission is required to appear in all the cases before the
Court.

Jurisdiction of the Court

The Court has following jurisdiction:

1. The jurisdiction of the Court shall comprise all cases concerning the interpretation and
application of the provisions of this Convention that are Submitted to it, provided that the
States Parties to the case recognize or have recognized its jurisdiction. It has been mentioned
under Clause (I) of the Article 62 of the American Convention on Human Rights that a State
Party may, upon depositing its instruments of ratification or adherence to this Convention, or
at any Subsequent time, declare that it recognizes as binding ipso facto and not requiring
special agreement, the jurisdiction of the Court on all matters relating to the interpretation or
application of this Convention. Such declaration may be made unconditionally, or on the

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condition of reciprocity, for a specified period, or for specified period, or for specific cases.
It shall be presented to OAS Secretary General, who shall submit copies thereof to the other
member States of the OAS and to the Secretary of the Court.

2. The member States of the OAS may consult the Court regarding the interpretation of the
American Convention on Human Rights or of the treaties concerning the Protection of
human right in the American States.

3. The Court, at the request of a member State of the OAS, may provide that State with
opinions regarding the compatibility of any of its domestic laws with the treaties concerning
the Protection of human rights in the American States.

It may be noted that only the States Parties and the Inter American Commission have the
right to submit a case to the Court. An individual petitioner cannot be a party and has no
locus standi as such.

The Court submits a report on the work during the previous year to each regular session of
the OAS General Assembly for it consideration. It shall specify, in particular, the cases in
which a State has not complied with the judgments making suitable recommendations.

3. The African Charter on Human and Peoples Rights, 1981

The African human rights system is of comparatively recent origin. The decision for drawing
up a draft of an African Charter on Human and People's Rights providing inter alia for
bodies responsible for promotion and Protection was taken at the Summit of Heads of States
and Government of the Organization of African Unity (OAU), held in Monrovia in 1979.

The Secretary General of OAU was authorized to convene a meeting of high-level African
experts for the purpose of drawing up of draft of the African Charter on Human and People's
Rights. The draft was prepared by the end of 1979 and Submitted for considerations at two
sessions of the Conference of OAU Ministers of Justice held at Benjul (Gambia) in 1980 and
1981 and finally adopted at the Nairobi Summit in 1981. The Charter came into force on 21
October 1986. The provisions of the Charter are enforceable within the framework of the
Organization of African Unity which is a regional inter governmental organization
established in 1963.

The Charter contains provisions dealing with rights and duties and the organ is for the
Protection and promotion of those rights and duties. It is a unique feature of the African
Charter that it places same emphasis on the enforcement of the rights as well as the duties. It
is, however in accordance with the African Concept of rights, which are considered to be
inseparable from the duties. Rights and duties apply to peoples as well as individuals. The
Charter places special emphasis on the rights and duties of the community such as the
family, society, the nation and the States.

Rights and Duties

The various rights which are incorporated in the African Charter are,

i) Equality before law and equal Protection of law.

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ii) Right to inviolability to person including the right to the respect of the dignity and to
the recognition of legal status.
iii) The right of liberty and the security of person.
iv) The right to be heard by competent national organ.
v) The right to freedom of conscience, the profession and free practice of religion.
vi) The right to receive information.
vii) The right to assembly freely to form association.
viii) The right to freedom of movement and residence including right to leave any country
including his own and to return to is country. The right to participate freely in the
government of one's country and the right of equal access to the public service. The
right to property and the right to free disposal of wealth and natural resources.
ix) The right to work under equitable and satisfactory conditions.
x) The right to enjoy the best attainable State of physical and mental health.
xi) The right to education.
xii) The right to Protection of family as a natural unit and basis of society.
xiii) The right to liberation from foreign domination.
xiv) The right to Economic, Social and Cultural development.
xv) The right to national and International peace and security; and
xvi) The right to a general satisfactory environment favorable to their development.

The individuals have following duties

i) The duties towards his family, society and State.

ii) The duties to respect and consider his fellow beings.
iii) The duties to preserve the harmonious development of family, to serve his national
community, not to compromise the security of the State, to preserve and strengthen
national solidarity; to preserve and strengthen national independence, to pay taxes to
preserve and . Strengthen positive African Cultural values, and to contribute towards
promotion and achievements of African unity.

Promotion and Protection of Human and Peoples' Rights

Following two bodies are established for ensuring the promotion and protection of human
and people’s rights

i) The African Commission on Human and Peoples' Right

ii) The Assembly of Heads of State and Government of OAU.

i) The African Commission on Human and Peoples' Rights

The African Commission on Human and Peoples' Rights has been established within the
frame work of the Organization of African Unity to promote human and people' rights and
ensure their Protection in Africa.

Constitution

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The African Commission consists of eleven members elected by the Assembly of Heads of
State and Government from a list of persons nominated by the States Parties. However, two
members cannot be the nationals of the same State. The persons nominated by the States
Parties should have highest integrity, impartially and competence in matter of human and
people’s rights. Each State Party can nominate two candidates for election one of them must
be the national of the nominating State.

Election of Members

The members of the African Commission are selected for a six-year period and are also
eligible for re-election. However, the term of office of four of the members elected at the
first election had terminated after two years of their election and the office of three others, at
the end of four years.

Functions

The functions of the commission are stated under Article 45, which are as follows:

1) Top promote human and people's rights and in particular

a) to collect documents, undertake studies and researches on African problems in the

fields of human and people's rights, organize seminars, symposia and conferences,
disseminate information, encourage national and local institutions concerned with human
and people's rights, and should the case arise, give its views or make recommendations to
government;

b) to formulate and lay down, principles and rules aimed at solving legal problems
relating to human and people's rights and fundamental freedoms upon which African and
international institutions concerned;

c) Co-operate with other African and international institutions concerned with the
promotion and protection of human and people's rights.

2) The Commission shall ensure the protection of human and people's rights.

3) The Commission shall interpret all the provisions of the Charter at the request of a State
Party, an institution of the OAU or an African Organization recognized by the OAU.

4) The Commission shall perform any other task, which may be entrusted to it by the
Assembly of Heads of State and Government.

ii) African Court on Human and Peoples' Rights

The African Court on Human and People's Right was established by adopting a Protocol
to the African Charter on Human and People's Right on June 9, 1998 at the Summit of
Heads of State and Government in Ouagadougou (Burkina Faso). The Protocol shall
come into force 30 days after fifteen States have become parties to it. As on June 12,
2002, the Protocol has been ratified by 5 States.

Composition

8|Page
The Court shall consist of 11 judges elected by the Member States of the OAU for a six year
term of office which is renewable once only. Only the State Parties to the Protocol may
propose candidates. Each State may nominate three candidates, at least two of whom must be
their nationals, but the Court may are comprise more than one national of the same State.

Election of Judges

The judges of the Court are elected by Secret ballot by the Assembly of Heads of State and
government of the OAU. The judges are elected in individual capacity from among jurists of
high moral character and of recognized practical judicial or academic experience in the field
of human rights. The judges are therefore not representatives of the States. They undertake to
discharge their duties impartially and faithfully. The Court elects its President and Vice
President for a two-year period, renewable once only.

Regionalism has some obvious advantages. A smaller organization which is restricted

geographically, can easily cope with the common problems more effectively than a world
organization. The United Nations has become complex and is overburdened with manifold
activities. Therefore, regional organizations specifically devoted to human rights would be
better suited to deal with human rights issues. Homogeneous regions having similar political
system and having common or almost similar levels of economic development and having a
common historical background will have very little ideological differences as compared to
Universal organization embracing countries from various regions of the world having
different political and economic systems and divergent ideologies.

9|Page
 Unit V

Human Rights of the Vulnerable Group * Women – Declaration and Convention on

the Elimination of Discrimination against Women * Children –The Declaration and
the Convention on Rights of Children * Disabled/Aged – Indigenous * The
Convention on the Rights of Persons with Disabilities and the optional Protocols -
international standards and principles * United Nations Declaration on the Rights of
Indigenous Peoples * Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities * Universal Declaration on Cultural
Diversity.

1. What do you mean by Universal Declaration on Cultural Diversity?

UNIVERSAL DECLARATION ON CULTURAL DIVERSITY

United Nations Educational, Scientific and Cultural Organization (UNESCO) is a specialized

agency of the United Nations that works for world peace through global cooperation in the
fields of education, culture and the sciences. The Universal Declaration on Cultural
Diversity is a declaration adopted by the General Conference of the UNESCO on 2
November 2001, after the September 11th attacks in the United States. Nations and
institutions to be work together for the preservation of culture in all its forms, and for policies
and to share ideas across cultures and inspire new forms of creativity.

Declaration interprets "culture" in a broad sense and connects the preservation of culture to
the issues of human rights. It draws the role for UNESCO to develop ideas on cultural
diversity, which has been a theme of many of UNESCO's activities and member states, other
organizations as well as individuals have also been inspired by it.

The declaration spells out general principles that member states are expected to implement,
working with private and civil organizations. It was published with an outline action plan
listing various ways to promote cultural diversity. The declaration was the first international
instrument which explores the value of cultural diversity. As a declaration rather than a
convention or a treaty, it is not legally binding on member states and does not require
ratification by their own legislatures. Instead, it establishes norms and expectations for the
signatory member states to follow.

The declaration defines "culture" as "the set of distinctive spiritual, material, intellectual and
emotional features of society or a social group", noting that this includes lifestyles, value
systems, traditions, and beliefs in addition to creative works. Earlier UNESCO documents
had used "culture" to mean masterpieces; around the time of this declaration, UNESCO
started using "culture" in a broader way that matches its use in anthropology. The declaration
contains twelve articles.

Page 1 of 2
Article 1 states that "as a source of exchange, innovation and creativity, cultural
diversity is as necessary for humankind as biodiversity is for nature. In this
sense, it is the common heritage of humanity and should be recognized and
affirmed for the benefit of present and future generations."
Article 2 identifies cultural pluralism ("policies for the inclusion and participation of all
citizens") as a policy response to, and promoter of, cultural diversity.
Article 3 identifies cultural diversity as one of the roots of development, where
"development" means individual flourishing as well as the growth of an
economy.
Article 4 specifies that cultural diversity may not infringe upon human rights guaranteed
by international law.
Article 5 affirms linguistic rights as cultural rights in accordance with International Bill
of Human Rights.
Article 6 affirms freedom of expression, media pluralism and multilingualism.
Article 7 calls for "heritage in all its forms [to] be preserved, enhanced and handed on to
future generations" to support creativity and inter-cultural dialogue.
Article 8 asks that cultural goods "must not be treated as mere commodities" but must
be recognized as bearers of values and meaning.
Article 9 calls on each state to "create conditions conducive to the production and
dissemination of diversified cultural goods" with appropriate policies.
Article 10 calls for international cooperation so that developing and transitional countries
can build viable cultural industries.
Article 11 affirms the importance of public policy and of partnerships between private,
public, and civil institutions, given that market forces alone cannot protect
cultural diversity.
Article 12 defines the role of UNESCO: to incorporate the principles of the declaration in
other international bodies, and to act as a forum in which many kinds of
organization can develop ideas and policies in support of cultural diversity.

Page 2 of 2
 Unit V

Human Rights of the Vulnerable Group * Women – Declaration and Convention on

the Elimination of Discrimination against Women * Children –The Declaration and
the Convention on Rights of Children * Disabled/Aged – Indigenous * The
Convention on the Rights of Persons with Disabilities and the optional Protocols -
international standards and principles * United Nations Declaration on the Rights of
Indigenous Peoples * Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities * Universal Declaration on Cultural
Diversity.

1. What United Nations Declaration on the Rights of Indigenous Peoples?

UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS

PEOPLES

The High Commissioner for Human Rights welcomed the adoption of the United Nations
Declaration on the Rights of Indigenous Peoples (UNDRIP) by the General Assembly on 13
September 2007, as an achievement for justice and human dignity following more than two
decades of negotiations between governments and indigenous peoples' representatives.

The Declaration is the most comprehensive international instrument detailing the rights of
indigenous peoples containing minimum standards for the recognition, protection and
promotion of these rights. It establishes a universal framework of minimum standards for the
survival, dignity, wellbeing and rights of the world's indigenous peoples.

The Declaration addresses both individual and collective rights; cultural rights and identity;
rights to education, health, employment, language, and others. It outlaws discrimination
against indigenous peoples and promotes their full and effective participation. It also ensures
their right to remain distinct and to pursue their own priorities in economic, social and
cultural development. The Declaration explicitly encourages harmonious and cooperative
relations between States and indigenous peoples.

The Declaration on the Rights of Indigenous Peoples (UNDRIP) is a legally non-binding

resolution outline and defines the individual and collective rights of Indigenous peoples,
including their ownership rights to cultural and ceremonial expression, identity, language,
employment, health, education, and other issues. Their ownership also extends to the
protection of their intellectual and cultural property.

The Declaration "emphasizes the rights of Indigenous peoples to maintain and strengthen
their own institutions, cultures and traditions, and to pursue their development in keeping
with their own needs and aspirations." It "prohibits discrimination against indigenous
peoples," and it "promotes their full and effective participation in all matters that concern
them and their right to remain distinct and to pursue their own visions of economic and social
development".

The goal of the declaration is to encourage countries to work alongside indigenous peoples to
solve global issues, such as development, multicultural democracy, and decentralization.

1|Page
Article 40 states that Indigenous peoples have the right to fair procedures for the resolution of
conflicts and disputes with countries or other parties, because Indigenous people cannot use
the International court of justice, UNDRIP has no indication of which judicial power
indigenous peoples are to bring disputes to.

The declaration's purpose is not to create new rights, but rather addresses topics such as
Indigenous reconciliation in regard to restoring and protecting culture, traditions, and
indigenous institutions and the pursuit of self-determined development.

The Declaration is structured as a United Nations resolution, with 46 articles. In most articles,
an aspiration for how the State should promote and protect the rights of indigenous people
which include,

Part 1 includes right of self-determination (Article 1-6)

Part 2 includes Right to life, liberty and security (Article 7-10)

Part 3 includes Right to practice and revive their culture and tradition (Article 11-13)

Part 4 includes right to set up and manage their own educational system and access to
culturally sensitive education (Article 14-17)

Part 5 includes Right to take part in decision- making in all matter affecting them. (Article
18-24)

Part 6 includes Right to land and resources for usage, conservation, development and
traditional practices (Article 25-32)

Part 7 includes right to decide what their identity or membership (Article 33-37)

Part 8 in Article 38-42, the declaration explains how the governments of the nations around
the world along with the United Nation will work together in ensuring that the rights and
liberty will always be protected of the indigenous people.

Part 9 in Article 43-46, explain how to understand the Declaration. The Declaration contains
both rights and responsibilities of indigenous peoples. Care must be taken to ensure that the
rights are not used to deliberately disturb the unity, peace and security of a country.

2|Page
 Unit V

Human Rights of the Vulnerable Group * Women – Declaration and Convention on

the Elimination of Discrimination against Women * Children –The Declaration and
the Convention on Rights of Children * Disabled/Aged – Indigenous * The
Convention on the Rights of Persons with Disabilities and the optional Protocols -
international standards and principles * United Nations Declaration on the Rights of
Indigenous Peoples * Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities * Universal Declaration on Cultural
Diversity.

1. What are the international human rights of older people?

2. What are the human rights standards and principles?
3. What is the UN principle for older persons?

HUMAN RIGHTS STANDARDS AND PRINCIPLES

There are some internationally recognized human rights standards and principles contained in
international human rights treaties covers and protect older persons. The ICESCR and ICCPR
have some relevant provisions for the protection of human rights of older persons, such as the
rights to health, to an adequate standard of living, to freedom from torture, legal capacity and
equality before the law.

Other instruments, such as the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) and the Convention on the Elimination of All Forms of Racial
Discrimination (CERD) also contain provisions which are applicable to older persons within
their relevant scope.

The United Nations Principles for Older Persons were adopted by the UN General Assembly
by resolution on 1991. Governments were encouraged to incorporate them into their national
programmes whenever possible. There are 18 principles, which can be grouped under five
themes as follows.

1. Independence

 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.
 Older persons should have the opportunity to work or to have access to other income-
generating opportunities.
 Older persons should be able to participate in determining when and at what pace
withdrawal from the labour force takes place.
 Older persons should have access to appropriate educational and training programmes.
 Older persons should be able to live in environments that are safe and adaptable to
personal preferences and changing capacities.
 Older persons should be able to reside at home for as long as possible.

Page 1 of 2
2. Participation

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

3. Care

 Older persons should benefit from family and community care and protection in
accordance with each society’s system of cultural values.
 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.
 Older persons should have access to social and legal services to enhance their autonomy,
protection and care.
 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.
 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.

4. Self-Fulfillment

 Older persons should be able to pursue opportunities for the full development of their
potential.
 Older persons should have access to the educational, cultural, spiritual and recreational
resources of society.

5. Dignity

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

Presently, there is no international legally binding instrument to protect the human rights of
older persons.

Page 2 of 2
 Unit V

Human Rights of the Vulnerable Group * Women – Declaration and Convention on

the Elimination of Discrimination against Women * Children –The Declaration and
the Convention on Rights of Children * Disabled/Aged – Indigenous * The
Convention on the Rights of Persons with Disabilities and the optional Protocols -
international standards and principles * United Nations Declaration on the Rights of
Indigenous Peoples * Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities * Universal Declaration on Cultural
Diversity.

1. Explain the Convention on the Rights of Persons with Disabilities.

2. What is the convention on rights of person with disabilities?
3. What is the Declaration of the Rights of persons with disabilities?

The Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities, like the other United Nations
human rights conventions resulted from decades of activity during which group rights
standards developed from aspirations to binding treaties. The Convention on the Rights of
Persons with Disabilities is an international human rights treaty of the United Nations
intended to protect the rights and dignity of persons with disabilities. The Convention on the
Rights of Persons with Disabilities and its Optional Protocol was adopted on 13 December
2006. The parties to the convention are required to promote, protect, and ensure the full
enjoyment of human rights by persons with disabilities and ensure that persons with
disabilities enjoy full equality under the law.

The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment
of all human rights and fundamental freedoms by all persons with disabilities, and to promote
respect for their inherent dignity. The Convention provides some provisions of charity,
medical treatment and social protection for persons with disabilities as rights. The convention
aimed at:

(1) Ending discrimination against persons with disabilities.

(2) Enabling persons with disabilities to live independently.
(3) Making the education system more inclusive.
(4) Making persons with disabilities are protected against all forms of abuse, violence and
exploitation.

The Convention is intended as a human rights instrument which adopts a broad classification
of persons with disabilities and reaffirms that all persons with all types of disabilities must
enjoy all human rights and fundamental freedoms. The convention reaffirms that all persons
have equal rights and fundamental freedoms. It also stresses on the areas where certain
adaptations have to be made so that disabled people can enjoy those rights equally. The
convention covers a vast range of aspects including health, education, access to justice,
employment, personal security, access to information, and independent living.

1|Page
Parties to the convention must ensure that they take adequate measures to ensure the
protection and promotion of the rights and freedoms of individuals with disabilities and
promote respect for the dignity of persons with disabilities.

Optional Protocol

The Optional Protocol to the Convention on the Rights of Persons with Disabilities provides
that individuals who believe their rights as per the convention have been violated can bring
their complaints to the UN Disability Committee only after using the option of seeking
redress with their respective national government.

India ratified the UNCRPD in October 2007 and in order to obligation under this convention
the parliament enacted the Rights of Persons with Disabilities Act, 2016.

2|Page
 Unit V

Human Rights of the Vulnerable Group * Women – Declaration and Convention on

the Elimination of Discrimination against Women * Children –The Declaration and
the Convention on Rights of Children * Disabled/Aged – Indigenous * The
Convention on the Rights of Persons with Disabilities and the optional Protocols -
international standards and principles * United Nations Declaration on the Rights of
Indigenous Peoples * Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities * Universal Declaration on Cultural
Diversity.

1. Child and the United Nations Convention on the Rights of the Child, 1989.
2. Write a note on The United Nations Convention on the Rights of the Child, 1989.

The United Nations Convention on the Rights of the Child

Article 25 of the Universal Declaration of Human Rights provides that childhood is entitled
to special care and assistance. This principle along with some other principles of the
Universal Declaration relating to child was incorporated in the l Declaration of Rights of
Child adopted by the UN General Assembly on November 20, 1959. Further„ Article 23 and
24 of the International Covenant on Civil and political Rights, 1966, Article 10 of the
International Covenant on Economic, Social and Cultural Rights, 1966 made provisions for
child care.

However, these principles are not binding on the State parties. So, The United Nations
General Assembly adopted The Convention on the Rights of the Child, a comprehensive,
internationally binding agreement on the rights of children. The Convention contains 54
Articles divided into three parts.

Article 1 of the Convention defines the term 'Child'. It provides that for the purpose of this
Convention a Child means every human being below the age of eighteen years unless, under
the law applicable to Child, majority is attained earlier.

Some important rights incorporated under the convention. are stated below:

1. Right to life (Article 6).

2. Right to acquire nationality (Article 7).
3. Right to freedom of expression (Article 13).
4. Right to freedom of thought, conscience and religion (Article 14).
5. Right to freedom of association and to freedom of peaceful assembly (Article 15).
6. Right to education (Article 28).
7. Right to benefit from social security (Article 26).
8. Right to a standard of living adequate for the child's physical, mental, spiritual and
social development (Article 27).
9. Right to the enjoyment of the highest attainable standard of health and to facilities for
the treatment of illness and rehabilitation of health (Article 24).

Page | 1
10. Right to the protection of the law against arbitrary or unlawful interference with his or
her privacy, family, home or correspondence (Article 16).

Under the Article 44 of the convention the States parties to the Convention undertake to
submit to the Committee on the Rights of Child, through the secretary general of the United
Nations, reports on the measures they have adopted to give effect to rights recognized in the
convention and on the progress made on the enjoyment of those rights. Such reports shall
indicate factors and difficulties, if any, affecting the degree of fulfillment of the obligations
under the present convention.

The Committee on the Rights of the Child can request for further information. The
Committee on the Rights of the Child may transmit, if considers it appropriate, to the
specialized agencies, the United Nations Children's Emergency Fund (UNICEF) and
other competent bodies, such reports of the States Parties in which a request made for
technical advice or assistance. However, the States Parties are requested to submit their first
report within two Years of the entry into force of his Convention and every five years
thereafter.

Page | 2
 Unit V

Human Rights of the Vulnerable Group * Women – Declaration and Convention on

the Elimination of Discrimination against Women * Children –The Declaration and
the Convention on Rights of Children * Disabled/Aged – Indigenous * The
Convention on the Rights of Persons with Disabilities and the optional Protocols -
international standards and principles * United Nations Declaration on the Rights of
Indigenous Peoples * Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities * Universal Declaration on Cultural
Diversity.

1. What is the Convention on elimination of all forms of Discrimination against women

in 1983?
2. What do you mean by CEDAW?
3. Explain international bill of rights for women.

CEDAW

The Universal Declaration of Human Rights generally declares the right to equality. However, it’s
not enough to ensure that women enjoy the full extent of their rights as they need some special
protection from discrimination.

So, UN general assembly adopted The Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) is often described as an international bill of rights for
women. It was adopted in 1979 by the UN General Assembly.

The Convention provides the basis for realizing equality between women and men through ensuring
women's equal access to, and equal opportunities in, political and public life . This includes the
right to vote and to stand for election as well as education, health and employment. States parties
agree to take all appropriate measures, including legislation and temporary special measures, so that
women can enjoy all their human rights and fundamental freedoms.

By accepting the Convention, States obliged to undertake measures to eliminate discrimination

against women in all forms, including:

 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.

The convention consists of six parts with 30 articles.

Part I (Articles 1–6) focuses on non-discrimination, sex stereotypes, and sex trafficking.

Part II (Articles 7–9) outlines women's rights in the public sphere with an emphasis on political
life, representation, and rights to nationality.
 Part III (Articles 10–14) describes the economic and social rights of women, particularly focusing
on education, employment, and health. It also includes special protections for rural women and
the problems they face.

Part IV (Article 15 and 16) outlines women's right to equality in marriage and family life along
with the right to equality before the law.

Part V (Articles 17–22) establishes the Committee on the Elimination of Discrimination against
Women as well as the states parties' reporting procedure.

Part VI (Articles 23–30) describes the effects of the convention on other treaties, the commitment
of the states parties and the administration of the convention.

The CEDAW is the only human rights treaty which affirms the reproductive rights of women. It also
targets culture and tradition as influential forces shaping gender roles and family relations.

The Convention affirms women's rights to acquire, change or retain their nationality and the
nationality of their children. States parties also agree to take appropriate measures against all forms of
traffic in women and exploitation of women.

Countries that have accepted the Convention are legally bound to make laws into practice. They are
also committed to submit national reports, at least every four years, on measures they have taken to
comply with their treaty obligations.
 Unit V

Human Rights of the Vulnerable Group * Women – Declaration and Convention on

the Elimination of Discrimination against Women * Children –The Declaration and
the Convention on Rights of Children * Disabled/Aged – Indigenous * The
Convention on the Rights of Persons with Disabilities and the optional Protocols -
international standards and principles * United Nations Declaration on the Rights of
Indigenous Peoples * Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities * Universal Declaration on Cultural
Diversity.

1. What do you mean by Human Rights of the Vulnerable Group?

2. What is the main objective of human rights protection for vulnerable groups?

Human Rights of the Vulnerable Group

Vulnerable groups are not clearly defined in the any documents outlining human rights
principles, however the human rights instruments set out additional guarantees for persons
belonging to these groups. The Universal Declaration of Human Rights generally does not
contain provisions that favor a particular group. However, situations arise when some
particular groups those have difficulties defending themselves and therefore need some
special protection. To be ensured that they enjoy the full extent of their rights. It does not
mean that the laws raise these groups above others.
Accordingly, certain groups often face discriminatory treatment or need special attention to
avoid mistreatment. These groups may be called as vulnerable groups. The aim of human
rights instruments is the protection of these vulnerable groups.
Vulnerable groups, by various reasons, are weak and need more attention. These groups have
traditionally been victims of violations. Consequently, they require special protection for the
equal and effective enjoyment of their human rights.
Some of these vulnerable groups include but not limited to Women, Children, Indigenous
peoples/Disabled persons, Elderly persons etc.
Protection of Vulnerable Groups
1. Children
The Children are to benefit from all the human rights guarantees available to adults. In
addition, the Children need special protection because of they are at risk to abuse and neglect
and often do not have means to defend them.
The United Nations adopted the Convention on the Rights of the Child in 1989 by
recognizing that children need special protection. The Convention states that the child, by
reason of his physical and mental maturity, needs special safeguards and care. This includes
appropriate legal protection, before as well as after birth. This convention specifies basic
rights that every child should enjoy including.
a) Basic rights
In all actions concerning children, the best interests of the child shall be a primary
consideration. Parents and guardians have primary responsibility for the upbringing of their
children. However, they should to carry out those responsibilities in a manner consistent with
the evolving capacities of the child. A child has the right to maintain contact with both
parents. However, such contact should not be contrary to the child’s best interest.
b) Rights of expression
A child capable of forming his or her own views has the right to express those views with due
weight given to the age and maturity of the child. A child has the right to freedom of
expression. This includes the freedom to seek, receive, and impart information and ideas of
all kinds. However, a state may restrict this right to protect the reputations of others. A state
may also restrict this right to protect the national security, public order, public health or
morals.
c) Privacy
A child has the right to be free from arbitrary or unlawful interference with his or her privacy.
A child also has the right to be free from arbitrary inference of his or her family home, or
correspondence.
d) Health and education
A child has the right to adequate health care. This includes treatment for mental health, social
security and adequate standard of living. It also includes nutrition, clothing, housing and
primary education. Education of a child shall include development of the child’s personality,
talents, and mental and physical abilities to their fullest potential. A child has the right to rest
and leisure, recreation, and participation in cultural and artistic life.
e) Identity
A child has the right to a name and a nationality. Further, a child has the right to, as far as
possible, know his or her parents and have them care for him or her. A child has a right to
respect for his or her own cultural identity. This includes language and values. It also
includes his or her own country and other civilizations.
f) Work and career
A child has a right to preparation for responsible life in a free society and development of
respect for the natural environment. States must protect the child from hazardous work,
improper drug use, sexual exploitation and abuse and abduction and sale of children.
g) Treatment of children
Nobody shall subject any child to torture or other cruel, inhuman, or degrading treatment or
punishment. No law shall impose a penalty of capital punishment or life imprisonment
without possibility of release for an offense committed by persons younger than 18 years of
age.
h) Protection from conflict
States shall use all measures to prevent children under the age of 15 from participating in
hostilities. States shall take measures to protect children who are affected by armed conflict.
A child has the right to be treated with dignity and worth during criminal proceedings against
the child.
2. Women
Societies around the world generally view female status as inferior and subordinate to male
status. Legal precepts traditionally exclude women from centres of male-gendered power,
including legislatures, military institutions, religious orders, universities, medicine, and law.
The most prominent human rights document concerning the human rights of women is the
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW).
The focus of CEDAW is uplifting the status of women to that of men in the area of human
rights. The underlying purpose of CEDAW is to ensure that women’s human rights receive
the same attention as those of men. Other important provisions of CEDAW include:
a) Equality of genders within political and public life, including equality in voting.
b) Equality of men and women in the fields of education, employment, health care, and
economic benefits
c) Equality between men and women in civil matters, including the right to conclude
contracts and administer property.
Law enforcers shall take rigorous official action to prevent the victimization of women.
Arrested or detained women shall not suffer discrimination and shall be protected from all
forms of violence or exploitation. Women detainees shall be supervised and searched by
female officers and staff.
Women shall be detained separately from male detainees. Pregnant women and nursing
mothers shall be provided with special facilities in detention. Law enforcement agencies shall
recruit sufficient numbers of women to ensure fair community representation and the
protection of the rights of female suspects, arrestees and detainees.
3. Persons with Disabilities
Another group receiving special protection within a human rights context is that of persons
with disabilities, including mental illness. In 1975, the United Nations adopted a declaration
on the rights of persons with disabilities.
The declaration defines a person with a disability as any person unable to ensure by himself
or herself, wholly or partly, the necessities of a normal individual and/or social life, as a
result of deficiency, either congenital or not, in his or her physical or mental capabilities.
Some of the provisions of the declaration are:
a) Persons with disabilities have the right to measures that enable them become as self-
reliant as possible.
b) Persons with disabilities have the right to medical, psychological, and functional
treatment, including prosthetic and orthotic appliances.
c) Persons with disabilities have the right to medical and social rehabilitations. They also
have the right to education, vocational training and rehabilitation. Further, they have the
right to counseling, placement services, and other services to assist in social integration.
d) Persons with disabilities have the right to economic and social security and a decent level
of living.
e) People with disabilities have the right to secure and retain employment or to engage in a
useful, productive, and remunerative occupation and to join trade unions.
f) People with disabilities have the right to live with their families and to participate in all
social, creative, or recreational activities.
g) People with disabilities have the right to protection against exploitation and treatment of a
discriminatory, abusive, or degrading nature.
4. Older Persons
Vulnerable Persons aged 60 and older often become dependent on children or other relatives.
The older persons may lose mental and physical capabilities, leaving them vulnerable to
financial, physical, and other types of exploitation.
In 1999, the United Nations issued a document known as Principles for the Older Person.
The document emphasized priority attention for older persons in these areas:
a) Independence
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.
Older persons should have the opportunity to work and to participate in determining when
to retire. Older persons should be able to reside at home for as long as possible.
b) Participation
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.
Older persons should be able to serve as volunteers in positions appropriate to their
interests and capabilities and to form associations.
c) Care
Older persons should benefit from family and community care and have access to
adequate and appropriate health care. Older persons should have access to social and legal
services to enhance their autonomy, protection, and care.
d) Self-fulfillment
Older persons should be able to pursue opportunities for the full development of their
potential. Older persons should have access to the educational, cultural, spiritual, and
recreational resources of society.
e) Dignity
Older persons should be able to live in dignity and security and be free of exploitation and
physical or mental abuse.