Meaning and Evolution of concept of Human Rights

Human rights are basic rights that we are entitled to have just because we are human being, these rights
are given by nature and has no age barrier to it. Human rights are universal and inalienable, if there is
no human there will be no right and if there is no right then there will be no humans.

Human rights are provided to people to maintain peace and dignity of humans and to make them realize
their true potential as a human being. It includes right to life, right to choose religion, right to speak
their mind, prohibition of torture and slavery, freedom form discriminations and many more.

The rights protected in documents include civil liberties, political liberties and economic and social
rights. Civil liberties protect the individual privacy that they have and political rights protects
individual freedom of political choices like right to vote, individuals have social, economic rights as
well which maintain the balance of whole society. Human rights provide every right that has necessity
in one's life, that govern their life and help them to improve their individuality and dignity.

What are Human Rights?

Human rights are those minimal rights, which every individual must have against the State, or other
public authority, by virtue of his being a ‘member of human family’ irrespective of any consideration.

In simpler terms, the rights that each individual is entitled to as human beings, are referred to as human
rights. The essential characteristic to remember about human rights is that they are universal and they
are entitled to each human being regardless of their nationality, race, religion and so on.

DEFINITION OF HUMAN RIGHTS

According to Andrew Heywood, Human Rights are rights to which people are entitled by virtue of
being human, they are a modern and secular version of "natural rights".

The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights derived
from the inherent dignity of the human person.”

Human rights when they are guaranteed by a written constitution are known as “Fundamental Rights”
because a written constitution is the fundamental law of the state.

CHARACTERISTICS AND NATURE OF HUMAN RIGHTS

1. Essential and necessary

2. In connection with human dignity
3. Irrevocable
4. Not absolute
5. Dynamic
6. Comprehensive
7. Universal
8. Inherent
9. Equal & Non-discriminatory
10. Culturally neutral
11. Indivisible
12. Inter-related

Categories of Human Rights

1. Civil and Political Rights: These include the right to life, freedom of speech, freedom of religion,
and the right to a fair trial. They protect individuals from government interference in their personal and
political affairs.
2. Economic, Social, and Cultural Rights: These encompass rights related to basic needs such as the
right to education, the right to work, the right to health, and the right to a standard of living that ensures
well-being.

3. Collective or Group Rights: Some rights are specific to particular groups, such as the right to self-
determination for indigenous peoples or the right to participate in cultural, religious, or linguistic
communities.

Human rights are enshrined in various international documents, with the Universal Declaration of
Human Rights adopted by the United Nations in 1948 being a cornerstone. These rights are
protected by both international and domestic laws and are monitored and enforced by governments,
international organizations, and human rights advocates to ensure that individuals are treated with
respect and dignity.

Three Generations of Human Rights

1. First-Generation Human Rights (Blue Rights)

These are like the foundation of human rights. They include things like the right to say what you think
(freedom of expression), the right to vote, and the right to a fair trial. Imagine them as the “blue” rights,
the fundamental ones that set the stage for other rights.

2. Second-Generation Human Rights (Red Rights)

These are about the things that make life better for people. Think of having a good education, access to
healthcare when you’re sick, and the opportunity to work and earn a living. These are like the “red”
rights, which add color to people’s lives and well-being.

3. Third-Generation Human Rights (Green Rights)

These are like the rights that protect not just individuals, but everyone together and our planet. They
include the right to a clean environment, the right to development for all, and the right to live in peace.
These are often called “green” rights because they’re about preserving our world for future generations.

Evolution of Human Rights

The concept of “rights” and “duties” has ancient roots, dating back to the emergence of human
societies and the formation of states. As humans are inherently social beings, the issue of rights and
their associated duties naturally arose in the context of individuals’ interactions within a society and
their relationship with the governing authority. Over time, norms of social behaviour developed,
eventually crystallizing into what we now recognize as human rights.

These early notions of rights can be traced back to various historical and cultural contexts, such as
ancient Greek and Roman political systems in Europe, the Confucian system in China, the Islamic
political system in the Muslim world, and the “Panchayat” system in India. However, it’s important to
note that the concept of rights in these systems was not fully developed in the way we understand it
today.

The evolution of human rights is a complex and multifaceted process that spans centuries,
influenced by various philosophical, religious and legal traditions. Understanding this historical
development provides insight into how the modern framework of human rights has been shaped and the
significant milestones that have contributed to its establishment.

 ANCIENT ERA

1. The roots of human rights can be traced back to ancient civilisations and their philosophical and
religious teachings.
2. In ancient Greece, philosophers such as Socrates, Plato and Aristotle pondered the nature of justice
and the role of individuals within society.
3. They laid the groundwork for the concept of natural law, which posits that certain rights are
inherent by virtue of human nature.
4. Simultaneously, religious traditions played a significant role in shaping early human rights
concepts. For instance, in ancient India, Buddhist and Hindu doctrines advocated for compassion, non-
violence and respect for all living beings.

 MEDIEVAL ERA

1. During the medieval period, the notion of human rights continued to evolve, particularly through the
influence of religious and philosophical thought.
2. The Magna Carta, signed in 1215, is a landmark document in this regard. It enshrined certain
fundamental liberties, such as the right to a fair trial and protection from arbitrary imprisonment.

 MODERN ERA

A. 17th and 18th centuries

1. marked a pivotal shift in the development of human rights.

2. Philosophers such as John Locke, Jean-Jacques Rousseau and Voltaire championed individual
liberties and the idea of social contracts.
3. Locke’s theories of natural rights, including the right to life, liberty and property, were particularly
influential.
4. The American Declaration of Independence (1776) and the French Declaration of the Rights of
Man and of the Citizen (1789) were revolutionary documents that enshrined these Enlightenment
principles.
5. They articulated the belief that all individuals possess inherent rights that governments must respect
and protect.
6. These declarations laid the groundwork for modern constitutional democracies and the rule of
law.

B. 19th and Early 20th Century

1. witnessed significant advancements in the recognition and protection of human rights.

2. The abolition of slavery, driven by moral and humanitarian arguments, was an important
milestone.
3. The 13th Amendment to the United States Constitution (1865) and the Slavery Abolition Act in the
British Empire (1833) exemplified this progress.
4. Simultaneously, the labour movement emerged, advocating for workers’ rights and better working
conditions.
5. This period also saw the women’s suffrage movement gain momentum, culminating in the 19th
Amendment to the U.S. Constitution (1920) and the Representation of the People Act in the UK
(1918),
granting women the right to vote.
6. The horrors of World War I and the subsequent formation of the League of Nations further
highlighted the need for international cooperation to protect human rights.
7. In India, the 19th and early 20th centuries were marked by the struggle against British colonial rule
and the quest for independence.
8. Leaders like Mahatma Gandhi emphasised non-violence and civil disobedience as means to
achieve political and social rights.
9. The Indian National Congress, founded in 1885, played a pivotal role in mobilising the masses
and advocating for civil liberties and political rights.

Significant Historical Events and Revolutions

Several significant historical events and revolutions played pivotal roles in the development of human
rights:

1. British Constitutional Documents: The Magna Carta (1215), the Petition of Rights (1628), and the
Bill of Rights (1689) in England were early charters that placed restrictions on the powers of the
monarchy, paving the way for the rule of law.
2. American Declaration of Independence: The American Declaration of Independence in 1776
introduced ideas of human rights, stating that “all men are created equal” and have “unalienable rights”
to life, liberty, and the pursuit of happiness.

3. French Declaration of the Rights of Man and Citizen: The French Declaration of the Rights of
Man and Citizen in 1789 recognized numerous rights, including equality, freedom of thought, religion,
and property rights.

4. Bolshevik Revolution: The Bolshevik Revolution of 1917 introduced socio-economic dimensions to

human rights, emphasizing positive rights related to economic and social well-being, in addition to
civil and political rights.

5. League of Nations: The League of Nations was established after World War I and was mandated to
supervise the enforcement of minorities’ rights treaties, addressing issues related to the protection of
minority populations.

6. International Labor Organization (ILO): Founded in 1919 and later becoming a specialized
agency of the United Nations, the ILO established international labour standards related to workers’
rights, fair employment practices, and social security.

7. Abolition of Slavery: International treaties emerged in the 19th century aimed at the abolition of
slavery, condemning the practice and promoting freedom.

8. Humanitarian Intervention (HI): The doctrine of humanitarian intervention emerged, recognizing

the lawful use of force by states to prevent the mistreatment of a nation’s own citizens, especially in
cases of severe brutality.

9. International Humanitarian Law (IHL): International humanitarian law, with treaties dating back
to the 19th century, regulates the conduct of armed conflict, protecting the rights of wounded soldiers,
prisoners of war, and civilian populations.

The United Nations, established in 1945, played a pivotal role in the evolution of human rights. The
UN Charter emphasized the importance of human rights, and the Universal Declaration of Human
Rights (UDHR), adopted by the UN General Assembly on December 10, 1948, marked a significant
milestone. The UDHR outlined a comprehensive set of human rights, encompassing both civil and
political rights and economic, social, and cultural rights.

Since then, the UN has continued to develop international conventions, treaties, and declarations on
human rights, addressing a wide range of issues and promoting the universality of human rights. These
efforts have contributed to the ongoing evolution of human rights norms and standards on a global
scale.
 Human Rights and UN Charter

 The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the
conclusion of the United Nations Conference on International Organization & came into force on
24 October 1945.

 Human Rights, since the inception of the United Nations, have been an important part of its
purposes, ideals and functions. Human rights are mentioned as early as in the Preamble of the UN
Charter of the United Nations.

 It emphasizes that the UN Organization seeks-

- “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in
the equal rights of men and women and of nations large and small” and

“to promote social progress and better standards of life in larger freedom”.

 The Charter’s operative part contains 6 articles with explicit references to human rights,
making the subject one of the central themes of the legal instrument.

 In 1948, the Universal Declaration of Human Rights brought human rights into the realm of
international law. Since then, the Organization has diligently protected and promoted human
rights through legal instruments and on-the-ground activities.

PROVISIONS OF PROMOTION OF HUMAN RIGHTS

The provisions of promotion of human rights are present in article 1(3), part IX, Article 55(c)and
article 76(c) of the UN Charter.

A. ARTICLE 1(3)

According to Article 1(3), one of the purposes of the United Nations is

“to achieve international co-operation…in promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction as to race, sex, language, or religion.”

 The purposes listed in Article 1 of the Charter “are binding on the Organization, its organs and its
agencies, indicating the direction their activities should take and the limitations within which their
activities should proceed.”

B. ARTICLE 55(c)

With a view to the creation of conditions of stability and well-being which are necessary for peaceful
and friendly relations among nations based on respect for the principle of equal rights and self-
determination of peoples, the United Nations shall promote:

c) universal respect for, and observance of, human rights and fundamental freedoms for all without
distinction as to race, sex, language, or religion.

 Under Article 55(c), the United Nations is obliged to promote a certain end which is essentially
identical with the end which, under Article 1(3), the Organization is obliged to promote and
encourage by achieving international co-operation.

 Article 1(3) relates to the achievement of international co-operation for the purpose of promoting
respect for human rights, whereas the obligation imposed by 55(c) relates directly to the
promotion of this end itself.
 C. ARTICLE 76(c)

It States “the basic objectives of the trusteeship system, in accordance with the Purposes of the United
Nations laid down in Article 1.”

These objectives include:

c) to encourage respect for human rights and for fundamental freedoms for all without distinction as to
race, sex, language, or religion.

 By Article 76(c) the United Nations, under whose authority the trusteeship system functions, is
obliged to encourage the realization of this end.

 Objective (c) concerns the encouragement of a certain end which is identical with the end referred
to in Article 1(3), and also is essentially identical with that in Article 55(c).

The weightage given to Human Rights by the Charter is high considering that there is a repetition of
the aims and means to attain the aim in various articles of the Charter and the Preamble.

Obligations by Member nations to comply with the Human Rights provisions in the UN
Charter

Granted that the United Nations is obliged by its own Charter to pursue the purpose or objective of
promoting and encouraging respect for human rights.

Certain provisions in Article 2 begins with the words: “The Organization and its Members, in pursuit
of the Purposes stated in Article 1, shall act in accordance with the following Principles” – and
proceeds to specify 7 principles.

 In the present connection, the most significant of the principles are the following:

1. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall
fulfill in good faith the obligations assumed by them in accordance with the present Charter.
2. All Members shall give the United Nations every assistance in any action it takes in accordance with the
present Charter.
3. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which
are essentially within the domestic jurisdiction of any state.

The obligation of the United Nations to make efforts to develop international co-operation for the
purpose of promoting respect for human rights implies that all Member States have an obligation to
participate actively in these efforts.

CONCLUSION

 The UN Charter imposes on the United Nations the obligation to initiate international co-
operation, and on the Member States the obligation to participate actively and in good faith in
such co-operation, for the purpose of promoting respect for human rights and fundamental
freedoms for all, by bringing about the adoption of suitable legislative and administrative
measures in all independent states and dependent territories.
 Indeed, the whole United Nations system may be seen as a framework of organs, agencies and
other formal institutions, operating under international law, for the achievement of international
co-operation in pursuit of the various purposes of the Organization.
 Co-operation for the promotion of human rights, carried out through the appropriate organs –
basically the General Assembly and ECOSOC together with the Human Rights Council – may
take a variety of forms, which must always be consistent with the principle of non-intervention in
the domestic affairs of any state.
 Human Rights Council (UNHRC)
Introduction

 The United Nations Human Rights Council (UNHRC) is a United Nations body whose
mission is to promote and protect human rights around the world
 The Council has 47 members elected for staggered 3-year terms on a regional group basis.
 The headquarters of the Council is in Geneva, Switzerland
 The Council was established by the United Nations General Assembly on 15 March 2006
 The Council investigates allegations of breaches of human rights in United Nations
member states, and addresses thematic human rights issues such as freedom of
association and assembly, freedom of expression, freedom of belief and religion, women’s
rights, LGBT rights, and the rights of racial and ethnic minorities.
 It replaced the United Nations Commission on Human Rights.
 The Council is an inter-governmental body within the UN human rights system made up of 47
States elected by the UN General Assembly responsible for strengthening the promotion and
protection of human rights around the globe.
 Its main purpose is addressing situations of human rights violations and making recommendations
on them.
 Its mandate was established by General Assembly resolution 60/251 from 15 March 2006.

FUNCTIONS

1. To promote the idea of protecting the human rights of all the people around the globe,

2. To ensure the attainment of fundamental freedom by everyone, universally.

3. Helps in the development of international human rights law (a body of the international law that is
designed to protect human rights at all levels in the world),

4. Review the human rights records of member states,

5. Work to prevent abuses of human rights, respond to emergencies in cases where human rights are
violated and serve as an international forum for discussion on human rights issues.

6. Protection of women’s rights, minority rights, ethnic strife, and freedom from arbitrary arrest, also
comes under the purview of this Council.

7. To investigate allegations of human rights abuse in member states of the UN.

8. To ensure that the below-listed human rights are guaranteed to all the people, and at the same time, it
also tries to protect such guaranteed human rights.

9. Freedom of assembly;Freedom of speech and expression; Freedom of religion;

10. Protection of women’s rights; and Protection of rights of the LGBT community and that of racial
and ethnic minorities.
 MEMBERS

 It is made up of 47 United Nations Member States which are elected by the UN General
Assembly (UNGA).

 The UNGA takes into account the candidate States' contribution to the promotion and protection
of human rights, as well as their voluntary pledges and commitments in this regard.

 The Council's Membership is based on equitable geographical distribution. Seats are distributed as
follows:

- African States: 13 seats

- Asia-Pacific States: 13 seats
- Latin American and Caribbean States: 8 seats
- Western European and other States: 7 seats
- Eastern European States: 6 seats
 TERM: 3 years and are not eligible for immediate re-election after serving two consecutive
terms.
 SUSPENSION: The General Assembly can suspend the rights and privileges of any
Council member that it decides has persistently committed gross and systematic violations
of human rights during its term of membership. The suspension process requires a 2/3 rd
majority vote by the General Assembly.
WORKING

The UNHRC executes its mission through the following working components:

A. Universal Periodic Review Working Group

- An important component of the Council consists of a periodic review of all 193 UN member
states, called the Universal Periodic Review (UPR).

- The mechanism is based on reports coming from different sources, one of them being
contributions from non-governmental organisations (NGOs).

- Each country’s situation will be examined during a three-and-a-half-hour debate.

B. Advisory Committee

This was created in 2007, with 18 members with mandate to conduct studies on discriminatory
practices and to make recommendations to ensure that racial, national, religious, and linguistic
minorities are protected by law

C. Complaint procedure

This was set up for reporting of consistent patterns of gross and reliably attested violations of
human rights and fundamental freedoms in any part of the world and under any circumstances.
 -The UNHRC set up two working groups for its Complaint Procedure:

 Working Group on Communications (WGC) consists of experts, which determine

whether a complaint deserves investigation, in which case it is passed to the WGS
 Working Group on Situations (WGS) to examine the communications transferred to it by
the WGC

D. Other subsidiary bodies

These include:

1. Expert Mechanism on the Rights of Indigenous Peoples

2. Forum on Minority Issues, which is a platform for promoting dialogue and cooperation on
issues pertaining to national or ethnic, religious, and linguistic minorities
3. Social Forum, a space for dialogue between the representatives of Member States, civil
society, including grass-roots organizations, and intergovernmental organizations on issues
linked with the national and international environment needed for the promotion of the
enjoyment of all human rights by all.

ISSUES:

1. Related to the Membership: A key concern for some critics has been the composition of Council
membership, which sometimes includes countries widely perceived as human rights abusers.
2. China, Cuba, Eritrea, Russia and Venezuela, all of which have been accused of human rights
abuses.
3. Disproportionate Focus: USA pulled out of the Agency in 2018 due to its disproportionate focus on
Israel, which has received by far the largest number of critical council resolutions against any country.

NOTEWORTHY ACTIONS TAKEN BY UNHRC

Issue Action taken

 In 2018, the UNHRC released a research report concluding that six generals in Myanmar
Myanmar armed forces should be prosecuted for war crimes as related to the genocide against the
Rohinga Rohingya Muslims.
Issue  The UNHRC conducted 875 individual interviews as part of this research, confirming that
the Myanmar army led a program that claimed the lives of more than 10,000 Rohingyas

Israel,
 In 2015, UNHRC voted Resolution “ensuring accountability and justice for all violations of
human
international law in the Occupied Palestinian Territory, including East Jerusalem”
rights
 Since 2006, the council has been voting for a review of alleged human rights abuses by Israel
Abuse

2006  At its Special Session in 2006, the Council announced the establishment of a High-Level
Lebanon Commission of Inquiry charged with probing allegations that Israel systematically targeted
conflict and killed Lebanese civilians during the 2006 Israel-Lebanon conflict

 The Human Rights Council has adopted the Resolution about human rights and climate
Climate change.
change  At it’s 48th the Council, it recognized the human right to a clean, healthy and sustainable
environment
INDIA AND UNHRC

 In 2021, India was re-elected to the United Nations Human Rights Council (UNHRC)
for the 2022-24 term and vowed to continue to work for the promotion and protection
of human rights through “Samman, Samvad and Sahyog”
 In 2021, India abstained from a crucial vote on Sri Lanka’s rights record at the United
Nations Human Rights Council in Geneva
 In the recently concluded session at the United Nations Human Rights Council
(UNHRC), India abstained on one resolution on the human rights situation in Palestine
but voted in favour of three other resolutions condemning Israel on the Golan Heights,
its expansion of Israeli settlements in the Occupied Territories and in support of the
right to self-determination of the Palestinian people
 At the 48th session of the human rights council, India said Pakistan has been globally
recognised as a country openly supporting, training, financing and arming terrorists
including UN prescribed terrorists as a matter of state policy
o Also, India hit out at Pakistan as well as the Organisation of Islamic
Cooperation (OIC) for raising the Kashmir issue at the UN Human Rights
Commission

OFFICE OF HIGH COMMISSIONER OF HUMAN RIGHTS (OHCHR)

The Office of the High Commissioner for Human Rights, also known as, the Office of the UN High
Commissioner for Human Rights, is one of the UN human rights bodies.
The Office of the High Commissioner for Human Rights (UN Human Rights) is the leading UN entity
on human rights. It works to promote and protect the human rights that are guaranteed under
international law and stipulated in the Universal Declaration of Human Rights of 1948. It work towards
prevention of human rights abuse by raising voice against it.

History of OHCHR

 The human rights program began as a small division at the UN Headquarters in the 1940s. Later it
was upgraded to the Centre for Human Rights in the 1980s and was relocated to Geneva.
 The recommendation for strengthening human rights was made in the Vienna Declaration and
Programme of Action, which was adopted at the World Conference on Human Rights in 1993.
 This declaration made concrete recommendations for strengthening and harmonizing the UN’s
human rights monitoring capacity. It argued for establishing a High Commissioner for Human
Rights by the General Assembly.
 This was subsequently created on 20 December 1993.

Objectives of OHCHR

o Protection of all human rights for all people

o Help empower people
o Aid those in charge of protecting these rights in seeing that they are carried out.
o Assists governments in fulfilling their obligations under human rights accords by working
with them.
o Enables the naming, highlighting, and creating remedies for existing human rights issues.
o Collaborating with various partners to broaden global support for human rights.
o Human rights
o International Cooperation
o Service
o HRs Infrastructure
o Implementation of Int. Standards

Mandate for Office of the High Commissioner for Human Rights

The UN General Assembly has given the Office of the High Commissioner for Human Rights (UN
Human Rights) the responsibility of promoting and defending all human rights. The Universal
Declaration of Human Rights, the United Nations Charter, and international human rights legislation
and treaties provide a list of human rights. The mandates are as under:

o Promote and protect all human rights for all

o Recommend that bodies of the UN system improve the promotion and protection of all human
rights
o Promote and protect the right to development
o Provide technical assistance to States for human rights activities
o Coordinate UN human rights education and public information programmes
o Work actively to remove obstacles to the realization of human rights and to prevent the
continuation of human rights violations
o Engage in dialogue with Governments in order to secure respect for all human rights
o Enhance international cooperation for the promotion and protection of all human rights
o Coordinate human rights promotion and protection activities throughout the United Nations
system
o Rationalize, adapt, strengthen and streamline the UN human rights machinery.

Structure of OHCHR
 UN Human Rights is part of the United Nations Secretariat. It has following substantive divisions:
1. Thematic Engagement, Special Procedures and Right to Development Division (TESPRDD): It
develops policy and provides guidance, tools, advice and capacity-strengthening support on thematic human
rights issues, including for human rights mainstreaming purposes; and provides support to the Human
Rights Council’s special procedures.

2. Human Rights Council and Treaty Mechanisms Division (CTMD): It provides substantive and
technical support to the HRC and supports the human rights treaty bodies.

3. Field Operations and Technical Cooperation Division (FOTCD): It is responsible for overseeing and
implementing the Office’s work in the field.

4. Dedicated services and sections: These report directly to the Deputy High Commissioner, handle core
management, planning, coordination and outreach functions.

Functioning of OHCHR:
1. Human rights violations: As the principal United Nations office mandated to promote and protect
human rights for all, OHCHR leads global human rights efforts and speaks out objectively in the face of
human rights violations worldwide.

2. Human rights research: OHCHR also provides a forum for identifying, highlighting and developing
responses to today’s human rights challenges, and act as the principal focal point of human rights research,
education, public information, and advocacy activities in the United Nations system.

3. Work with national governments: It assists governments, which bear the primary responsibility for the
protection of human rights, to fulfil their obligations and supports individuals to claim their rights.
Moreover, it speaks out objectively on human rights violations.

4. Partnerships: OHCHR work with civil society, national human rights institutions and other United
Nations entities and international organizations, such as the International Labour in their efforts to promote
and protect human rights.

5. Working especially against AIDS: As human rights are intimately linked with the spread and impact of
AIDS, OHCHR endeavours to contribute to an effective and sustainable response to the epidemic by raising
awareness and understanding. OHCHR has worked in close collaboration with UNAIDS towards the
promotion and protection of human rights in the context of AIDS.

6. Provides technical expertise: UN Human Rights provides assistance in the form of technical expertise
and capacity-development in order to support the implementation of international human rights standards
on the ground.

o It collaborates with governments and helps them achieve their commitments regarding human
rights.
o It speaks out firmly in opposition to abuses of human rights occurring worldwide.
o It offers a platform for recognizing, emphasizing, and creating solutions to current human
rights concerns.
o It is the main hub for human rights advocacy, teaching, research, and other initiatives.
o It collaborates with various partners to increase support for human rights globally.
o It supports countries and aids them in putting into practice global human rights norms.
o It aids other organizations with a responsibility to defend human rights.
o It encourages the formation and development of National Human Rights Institutions (NHRIs)
and works with them to carry out their responsibilities for advancing and defending human
rights.
 Universal Declaration of Human Rights, 1948 (UDHR)

The Universal Declaration of Human Rights (UDHR) is an international document adopted by

the United Nations General Assembly (UNGA). It establishes the rights and freedoms of all members
of the human race.

On 10 December 1948, the United Nations adopted the Universal Declaration of Human Rights in
Paris, France. This day is celebrated throughout the world as Human Rights Day.

BACKGROUND

 The Universal Declaration of Human Rights is a document which consists of 30 articles that
affirm an individual’s rights.
 This was the first step in formulating an International Bill of Human Rights that came into force
in 1976.
 Although the declaration is not legally binding, these rights have been enshrined in many
countries’ constitutions and national laws.
 After the full horrors of the Second World War came into the fore, it was considered that a
universal international declaration on individual rights was required since the UN Charter was not
sufficient in itself.
 The United Nations then established the Commission of Human Rights in 1946 to prepare an
international bill of rights. This Commission had 18 members all from different nations and
having variant political ideologies.
 Eleanor Roosevelt was the Chairperson of the Universal Declaration of Human Rights Drafting
Committee that drafted the articles. This Committee met for over two years.
 The Declaration’s chief drafter was John Peters Humphrey, a Canadian and the Director of the
Division of Human Rights within the United Nations Secretariat. Other important members of this
committee were France’s René Cassin, China’s P C Chang and Lebanon’s Charles Malik.
 The Committee completed its task by May 1948. After that, the draft declaration was discussed by
the Commission on Human Rights, the General Assembly and the Economic and Social Council
of the UN. After making many changes, the declaration was put to vote by the General Assembly
in December 1948.
 This Universal Declaration was adopted as Resolution 217 by the Assembly on 10 December
1948. Out of the 58 nations (membership of the UN at that time), 48 voted in favour, 8 abstained,
2 failed to vote and none voted against the declaration. India voted in favour of the Declaration.
 The Soviet Bloc abstained observing that the declaration was not sufficient in condemning
Nazism and fascism. Saudi Arabia abstained because it had objections to the ‘Right to change his
religion or belief’. South Africa abstained since its policy of apartheid violated most of the articles
in the declaration.
 Human Rights Day is observed annually on this day to mark the adoption of the Declaration

SIGNIFICANCE OF UDHR

1. Since the Universal Declaration is not a treaty, it does not impose any legal duties on governments
directly. It is, however, a statement of universal principles that all members of the international
community share; it has also had a significant impact on the creation of international human rights law.

2. It is the primary proclamation that reflects the commitment of every nation towards the protection of
human rights. This document has great significance mainly because of two reasons,

- firstly, for the fact that it is the first international instrument ever that focuses on the need for
protection of human rights across the globe.

- Secondly, the UDHR paved the way for other various instruments on human rights that are legally
binding upon the state parties.

3. This declaration became the basis of international human rights law and laid a foundation for the
evolution of human rights law not just at the international level but also at the domestic level. It
inspired nations across the world to give significance to human rights and to respect each and every
individual.

4. The UDHR supported by various other international instruments on human rights, has been
successful in reducing numerous practices such as racial discrimination, torture, slavery, etc., to a great
extent, which were very prevalent during the 19th century. Recognition of women’s rights is another
achievement of the UDHR.

5. Though it is said that the Universal Declaration is not legally binding upon the state parties directly,
it is nevertheless important to understand that the mechanism under international human rights law
makes the UDHR indirectly binding upon the state parties through the medium of forthcoming
instruments on the subject of human rights.

6. The various instruments that have come into existence at the international level are ultimately based
upon the principles and rights laid down by the UDHR. Therefore, any nation that is a party to any of
the instruments on human rights has an indirect legal obligation to comply with the provisions of the
UDHR.

7. In addition, the Universal Declaration of Human Rights has given rise to several international
treaties that are binding on the countries that ratify them. These include:

- The International Covenant on Civil and Political Rights (ICCPR)

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

8. Other legally binding agreements that expand on the rights enshrined in the Universal Declaration of
Human Rights include:

- The Convention on the Elimination of All Forms of Racial Discrimination, 1965

- The Convention on the Elimination of All Forms of Discrimination against Women, 1979

- The Convention against Torture & Other Cruel, Inhuman or Degrading Treatment or Punishment,
1984

- The Convention on the Rights of the Child, 1989

- The Convention on the Rights of Persons with Disabilities, 2006

A SUMMARY OF ARTICLES

The basic structure of the Universal Declaration of Human Rights was influenced by the Code
Napoléon, a series of regulations written centuries ago by Napoléon Bonaparte.

Though its final shape took form in the second draft prepared by French jurist René Cassin, who also
contributed to the first draft prepared by Canadian legal expert John Peters Humphrey.

The Declaration consists of the following:

The preamble of the Declaration outlines the social and historical factors that led to the formation of
the Universal Declaration of Human Rights.

Article 1: Free and equal

All humans are born free and equal, and they should all be treated equally.
Article 2: Freedom from discrimination

Everyone is entitled to claim their rights, regardless of their sexual orientation, socioeconomic status,
religion, ethnicity, or language.

 Civil and Political Rights: Articles 3 to 21

Article 3: Right to life

Everyone has the right to life, as well as the right to live in a free and secure environment.

Article 4: Freedom from slavery

No one has the right to treat anyone as a slave, and you have no right to enslave anyone.

Article 5: Freedom from torture

No one human being has the right to subject any human being to torture.

Article 6: Right to recognition before the law

Each and every individual should be legally protected by law.

Article 7: Right to equality before the law

The law is the same for everyone and it should be applied in the same way to everyone without any
discrimination.

Article 8: Access to justice

When the rights of individuals are violated, they have every right to seek legal aid.

Article 9: Freedom from arbitrary detention

No individual has the authority to arbitrarily arrest or detain any individual, or deport them from their
nation.

Article 10: Right to a fair trial

Trials should be open to the public and conducted fairly by an impartial and independent tribunal.

Article 11: Presumption of innocence

Until an individual is to be proven guilty in a court of law, they are presumed innocent, and hence they
have the right to a defence.

Article 12: Right to privacy

Each and every human being has the right to be protected if someone attempts to damage their
reputation, access their house without permission, or interfere with their correspondence.
Article 13: Freedom of movement

Everyone has the right to leave or relocate inside their own country and to return

Article 14: Right to asylum

Everyone has the right to seek refuge in another country if you are being persecuted in your homeland.

Article 15: Right to nationality

Each and every human being has the right to be a citizen of a country and to have its nationality.

Article 16: Right to marriage and to found a family

Men and women have the right to marry (only when they attain their legal age to marry) without any
regard to race, country, or religion. The government and the legal system of that country should
safeguard families.

Article 17: Right to own property

All human beings have the legal right to own property. No one has the authority to unlawfully take
them from any individual.

Article 18: Freedom of religion or belief

Everyone has the freedom to freely express, change, and practise their religion alone or with others.

Article 19: Freedom of Expression

Everyone has the right to think and freely express ideas or whatever they decide.

Article 20: Freedom of assembly

Every individual has the right to hold peaceful meetings and to participate in them.

Article 21: Right to take part in public affairs

Everyone has the right to participate in the political activities of their country and has equal access to
public service.

 Economic, Social, and Cultural Rights: Articles 22 to 27

Article 22: Right to social security

Every individual should be able to develop freely and take advantage of all the benefits that their
country has to offer.
Article 23: Right to work

Everyone has the right to work in just and fair conditions, with the freedom to select their work and pay
that allows them to sustain themselves and their families. For equal work, everyone should be paid
equally.

Article 24: Right to leisure and rest

Workdays should not be excessively long, and everyone has the right to rest and take paid leave
regularly.

Article 25: Right to an adequate standard of living

Everyone has the right to have everything you require so that you and your family do not go hungry,
are not homeless, and do not fall ill.

Article 26: Right to education

Regardless of race, religion, or place of origin, every human being has the right to attend school,
continue their studies as far as they choose, and learn.

Article 27: Right to take part in the cultural, artistic, and scientific life

Each and every individual has the right to share the cultural, artistic, and scientific benefits of your
community.

Article 28: Right to a free and fair world

To ensure that our rights are protected, there must be a court that can protect them.

Article 29: Duty to your community

We humans have responsibilities to the community that allows us to completely develop our
personality. Human rights should be protected by law. It should enable everyone to appreciate and be
respected by others.

Article 30: Rights are inalienable

No one, neither institution nor individual, should act in any way to undermine the rights guaranteed by
the UDHR.
 International Covenant along with its optional protocols

INTRODUCTION-

 The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty
adopted by the UNGA on 16 December 1966.

 It came into force on 23 March 1976. The treaty commits its parties to respect the civil and
political rights of individuals including, freedom of religion, right to life, freedom of assembly,
electoral rights and rights to due process and a fair trial.

 About 173 countries are parties to the Covenant.

ORIGIN

UN on December 16, 1966 adopted 2 covenants in its Resolution 2200 A (XXI):

A. The International Covenant on Civil and Political rights (ICCPR ) and

B. The International Covenant on Economic Social and Cultural Rights (ICESCR)

These were made in pursuance of the Universal Declaration of Human Rights. Post the 1948
Universal Declaration of Human Rights, it gave the work to a committee to prepare a Covenant for the
enforcement of such rights. This also led to debates between the capitalist and communist states, with
countries such as the USA pressing the need for Liberty Rights , whereas other communist states
insisting on economic, social and cultural rights. The deadlock in the interests between these led the
UN to direct the committee to make two different Covenants.

What is a covenant

A covenant is a legal commitment or pledge to perform or refrain from performing something, which is
often specified in a contract or deed. Covenants play an especially significant role in contract and
property law.

INTERNATIONAL COVENANTS

ICCPR (1966) 3rd Gen Rights

(1st gen rights)

ICESCR (1966)

(2nd gen rights)

International Covenant on Civil & Political Rights, 1966

The ICCPR is a multilateral treaty adopted by the United Nations on December 16, 1966, and came
into force on March 23, 1976. The Covenant commits parties to respect the civil and political rights of
individuals, which includes, right to freedom of speech and expression, right to freedom of religion,
Freedom of assembly, electoral rights, due process and a fair trial. As of 2019 the treaty has 173 parties
and six signatories that are yet to ratify.

It empowers people to exercise a wide range of human rights, including the prohibition of torture and
other cruel, degrading, or humiliating treatment or punishment. personal space, home, and family life
rights to a fair trial, freedom of opinion, religion, and speech Non-discrimination and equality have
been endorsed by 167 countries.

Civil and political rights are human rights that are frequently referred to as “liberty rights.” These rights
also imply that the state does not infringe on the liberty of any human being.
Historically, these rights allowed for the recognition of the human being and its liberties, especially in
terms of citizenship rights and physical integrity preservation.

There is also individual liberty: freedom of expression and ideas, freedom from torture and captivity,
and the ability to vote.

Because the 1948 Universal Declaration of Human Rights was largely persuasive and lacked
enforceable powers, the ICCPR was a trailblazer in the field of human rights enforcement. As a result,
the ICCPR was designed to have legal force, in the sense that governments that sign and ratify the
treaty must thereafter abide by its terms and would be held accountable for abuses of those rights.

Many of the countries that signed on to the ICCPR also agreed that the Human Rights Committee
would investigate accusations by individuals and organisations that the state had violated their
rights. Article 28 of the ICCPR established an 18 member Human Rights Committee.

Objective
The international human rights movement was strengthened when the United Nations General
Assembly adopted the Universal Declaration of Human Rights in 1948, this combined with the ICCPR
and the ICESCR form the International Bill of Human Rights. The major objective of these Covenants
is to ensure that each person is guaranteed these rights without any discrimination.

Importance

The ICCPR was a trailblazer in the field of Human Rights enforcements, this is because the Universal
Declaration of Human Rights adopted in 1948 was majorly persuasive in nature and didn’t have any
binding powers as such. Therefore, the ICCPR was made with the intent of bearing legal power, in the
sense that those countries which sign and ratify the treaty, have to then abide by its provisions and will
be held liable for violation of those rights. Many countries that ratified the ICCPR also agreed that the
Human Rights Committee may investigate allegations by individuals and organisations that the state
has violated their rights. Article 28 of the ICCPR established a Human Rights Committee , which
shall consist of eighteen members and shall carry out the following function:

1. Reporting;
2. Considering Individual communications- the committee can receive individual
communications from any individual under the jurisdiction of a State that is party to the
first optional Protocol. The communication has to be made by the person who alleges that
his rights have been violated or any person on his behalf. The communication cannot be
anonymous. The person has to show that domestic remedies have been exhausted, and the
complaint should not be under consideration of any other international body.
3. The committee also has the right to issue general comments on the interpretation and usage
of different Articles. This authority has been given to the committee under Article 40.
4. Under Article 41 of the ICCPR, one State party may submit to the committee that another
State party is not fulfilling its obligations, under the covenant. This provision is only
applicable when both countries have recognized the competence of the committee in this
arena.

Main provisions

Article 1 – Allows for the right of people to “self-determination”, including right to freely determine
their political status. It also includes a negative right, that people should not be deprived of their means
of substance.

Article 2 – Each State party undertakes to respect and ensures the rights provided by this Covenant to
everyone that comes under its jurisdiction, without any distinction of any kind such as race, gender,
caste, sex, language, religion, political or other opinion. This Article also mandates that each State
party has to take legislative measures for implementation of the laws in this covenant, unless the same
has already not been done. This Article also mandates that every such person whose rights are violated
has to be provided with an appropriate remedy, even if such violation has been committed by persons
acting in their official capacity. To further ensure that the person claiming such a remedy shall have his
right adjudged by a person clothed with judicial or administrative authority. To also ensure that such
remedies are properly enforced when granted.

Right to physical integrity

Articles 6– it provides for a person’s “inherent Right to life”, and requires the same to be protected by
the law. It states that this is the most supreme right, and no derogation of this is ever possible. It doesn’t
prohibit death penalty, but restricts it to the most serious crimes.

Article 7– it prohibits human degrading punishment, derogation of this is also strictly prohibited.

Article 8– Prohibits slavery and forced labour.

Right to Liberty and security of a person

Article 9– provides for liberty and security of a person, prohibits arbitrary arrest and detention, it also
provides to the people arrested recourse to courts and a fair trial for curbing their liberty.

Article 10 – This provides that whoever has been arrested whether it be for a crime, psychiatric care or
otherwise shall be treated with humane condition, this Article complements Article 7 that provides for
humane punishments. It also requires the set up for Juvenile Prisons for separating them from adults.

Article 11 – Prohibits the use of punishment for breach of contract.

Procedural fairness and rights of accused

Article 14- It provides for a fair trial to everyone, Article 14.1 states that everyone should be at an
equal standing before the courts, and all such hearings should take place in an open court, closed
hearings only being allowed for privacy matters etc. The Article also provides for other rights of the
accused in a trial i.e. presumption of innocence, forbids double jeopardy, right of the accused to appeal
in a higher court, right to be protected against self-incrimination and fair and speedy trial.

Article 15– It prevents prosecutions under Ex-post facto law and imposition of retrospective criminal
penalties, and requires imposition of lesser punishment where criminal sentences have changed
between the time of commission of crime and the date of the judgement.

Article 16– requires the state to recognize everyone as a person before the law.

Individual Liberties

Article 12– This provides for freedom of movement, including the right of persons to choose their
residence and to leave or return to their country.

Article 13- Forbids arbitrary expulsion of resident aliens and requires such decisions to be appealed
and reviewed

Article 17– Mandates the right of privacy, under Article 17.1 it specifically protects privacy to
consensual sexual activity, hence nullifying restrictions on homosexual behaviour. This also protects
people from unlawful attacks to their honor and reputation.

Article 18 – Mandates freedom of religion and belief

Article 19 – mandates Freedom of expression

Article 20 – Provides that any propaganda for war shall be prohibited by law.

Article 21 & 22 – Article 21 provides for the right of peaceful assembly, no restrictions shall be
imposed on the same other than those which have been imposed for integrity and peace of a democratic
society. Article 22 provides that everyone shall have the right to form associations, it also provides for
restrictions in the same manner as the previous Article. It also provides that members of the
International Labour Organization, shall not have or pass any law that prejudices the freedom that is
guaranteed to citizens in that Convention.

Article 23 – The right of men and women to marry shall be recognized, and this shall not be done
without the consent of both the parties. Each State shall also take appropriate steps to ensure equality of
rights and responsibilities between the parties during and even after its dissolution.

Article 24 – Right of a child to acquire nationality immediately after birth and also have a name.

Article 26 – every person shall be equal before the law and be treated equally without any
discrimination, the state shall also guarantee to its citizens equality on the grounds of religion, race,
caste, sex, national, social origin etc.

Article 27 – In States where religious or linguistic minorities exist, members of these communities
shall be allowed to enjoy their own culture and to profess and practise their own religion and use their
language.

Optional protocols

Treaties on human rights are occasionally followed by “Optional Protocols” that either allow for treaty
processes or address a substantive problem related to the treaty. Optional Protocols to human rights
treaties are treaties in their own right, and governments that have signed, acceded to, or ratified the
original treaty may sign, accede to, or ratify them.

There are two Optional Protocols to the Covenant.

The First Optional Protocol establishes an individual complaints mechanism, allowing individuals to
complain to the Human Rights Committee about violations of the Covenant. This has led to the
creation of a complex jurisprudence on the interpretation and implementation of the Covenant. As of
September 2019, the First Optional Protocol has 116 parties.

The Second Optional Protocol abolishes the death penalty; however, countries were permitted to
make a reservation allowing for use of death penalty for the most serious crimes of a military nature,
committed during wartime. As of June 2022, the Second Optional Protocol had 90 parties.

The First Optional Protocol to the International Covenant on Civil and Political Rights is an
international treaty establishing an individual complaint mechanism for the International Covenant on
Civil and Political Rights (ICCPR).

It was adopted by the UN General Assembly on 16 December 1966, and entered into force on 23
March 1976. As of January 2023, it had 117 state parties and 35 signatories. Two of the ratifying states
(Jamaica and Trinidad and Tobago) have denounced the protocol.

Summary
 The Optional Protocol establishes an individual complaints mechanism for the ICCPR similar to
those of the Optional Protocol to the Convention on the Rights of Persons with Disabilities and
Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination.

 Parties agree to recognize the competence of the UN Human Rights Committee (HRC) to
consider complaints from individuals who claim their rights under the Covenant have been
 violated. Several complainants must have exhausted all domestic remedies, and anonymous
complaints are not permitted.

 The Committee must bring complaints to the attention of the relevant party, which must respond
within 6 months. Following consideration, the Committee must forward its conclusions to the
party and the complainant.

 While not expressly provided for in the Protocol, the HRC regards the recognition of its
competence to hear complaints as imposing an obligation not to hinder access to the committee
and to prevent any retaliation against complainants.

 It regards its findings as authoritative determinations of obligations under the Covenant, and their
adoption as being required in order to provide an "effective remedy" under Article 2 of the
ICCPR.

 The Optional Protocol required 10 ratifications to come into force.

Article 1: A State Party to the Covenant who becomes a Party to this Protocol acknowledges the
Committee’s competence to accept and assess communications from people subject to its jurisdiction
who claim to have been victims of a breach of any of the Covenant’s rights by that State Party. Any
communication concerning a State Party to the Covenant that is not a Party to the present Protocol
should not be received by the Committee.

Article 2: Individuals who allege that any of their Covenant rights have been violated and who have
exhausted all available domestic remedies may submit a written submission to the Committee for
examination, subject to the limitations set out in article 1.

Article 3: Any message submitted under the current Protocol that is anonymous, or that the Committee
considers to be an abuse of the right to submit such communications, or to be incompatible with the
requirements of the Covenant, shall be deemed inadmissible by the Committee.

Article 4: Subject to the provisions of article 3, the Committee shall bring any communications
brought to it under the present Protocol to the attention of any State Party to the present Protocol
accused of violating any provision of the Covenant.

Within six months, the receiving State shall offer written explanations or declarations to the Committee
detailing the problem and any remedies adopted by that State.

Article 5: The Committee shall evaluate communications received under the existing Protocol by
taking into account any written information supplied to it by the individual and State Party in question.
The Committee must not accept any letter from a person unless it is convinced that the same situation
is not being examined or resolved by another international inquiry or settlement process, and the
subject has exhausted all available domestic procedures. This should not be the case if the remedies are
applied in an unacceptable length of time. The Committee shall have private sessions while examining
communications under the present Protocol. The Committee will inform both the State Party in issue
and the individual of its conclusions.

Article 6: In its annual report required by article 45 of the Covenant, the Committee shall give a
summary of its operations under the current Protocol.

Article 7: Until the objectives of Resolution 1514(XV) adopted by the United Nations General
Assembly on 14 December 1960 concerning the Declaration on the Granting of Independence to
Colonial Countries and Peoples are met, the provisions of this Protocol shall in no way limit the right
of petition granted to these peoples by the United Nations Charter and other international conventions
and instruments under the United Nations and its specialised agencies.

Article 8: Any state that has signed the Covenant is eligible to sign the present Protocol.

Any state that has joined or acceded to the Covenant has the right to ratify the present Protocol.
Ratification instruments must be filed with the Secretary-General of the United Nations. Any State that
has ratified or acceded to the Covenant is eligible to sign the present Protocol. Accession will occur
upon the deposit of an instrument of accession with the Secretary-General of the United Nations. The
deposit of each instrument of ratification or accession must be notified to all States that have signed or
acceded to the present Protocol by the Secretary-General of the United Nations.

Article 9: The current Protocol will enter into force three months after the tenth instrument of
ratification or accession is lodged with the United Nations Secretary-General. The present Protocol will
enter into force three months from the date of the tenth instrument of ratification or accession by each
State that ratifies or accedes to it after the tenth instrument of ratification or accession is deposited.

Article 10

The articles of the present Protocol shall apply without limitation or exception to all portions of federal
states.

Article 11

Any State Party to the present Protocol may propose a revision and file it with the Secretary-General of
the United Nations. Following that, the Secretary-General should send any proposed amendments to
the States Parties to the present Protocol, with a request that they inform him whether they support
holding a meeting of States Parties to discuss and vote on the proposal. If at least one-third of the States
Parties agree to hold such a conference, the Secretary-General will convene it under United Nations
auspices. Any modification adopted by a majority of the States Parties present and voting at the
conference will be submitted for approval to the United Nations General Assembly. Amendments will
become effective when they are accepted by the United Nations General Assembly and ratified by a
two-thirds majority of the States Parties to the present Protocol in accordance with their individual
constitutional processes. When the changes become effective, they will be binding on those states that
have accepted them, with the remaining states bound by the terms of the present Protocol and any
earlier amendments that they have accepted.

Article 12

Any State Party may, at any time, submit a written protest to the Secretary-General of the United
Nations. The Secretary-General will be notified three months after the denunciation takes effect.
Denunciation is without prejudice to the current Protocol’s provisions continuing to apply to any
communication filed under article 2 prior to the effective date of denunciation.

Article 13

Regardless of notifications made under article 8, paragraph 5 of this Protocol, the Secretary-General of
the United Nations is required to notify all States referred to in article 48, paragraph I of the Covenant
of the following details: signatures, ratifications, and accession under article 8; the date of the current
Protocol’s entry into force under article 9 and the date of any changes’ entry into force under article 11;
and denunciations under article 12.

Article 14

The existing Protocol, which is equally authentic in Chinese, English, French, Russian, and Spanish,
should be deposited in the United Nations archives. The Secretary-General of the United Nations must
send certified copies of the present Protocol to all States referred to in article 48 of the Covenant.
The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming
at the abolition of the death penalty, is a subsidiary agreement to the International Covenant on Civil
and Political Rights. It was created on 15 December 1989 and entered into force on 11 July 1991. As of
April 2022, the Optional Protocol has 90 state parties. The most recent country to ratify
was Kazakhstan, on 24 March 2022.

The Optional Protocol commits its members to the abolition of the death penalty within their borders,
though Article 2.1 allows parties to make a reservation allowing execution "in time of war pursuant to a
conviction for a most serious crime of a military nature committed during wartime" (Brazil, Chile, El
Salvador). Cyprus, Malta and Spain initially made such reservations, and subsequently withdrew
them. Azerbaijan and Greece still retain this reservation on their implementation of the protocol,
despite both having banned the death penalty in all circumstances. (Greece has also ratified Protocol
no.13 of the European Convention on Human Rights, which abolishes capital punishment for all
crimes).

The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty (Protocol) is the only international treaty of worldwide scope to prohibit
executions and to provide for total abolition of the death penalty. This text, annexed to the United
Nations’ International Covenant on Civil and Political Rights (ICCPR) in 1989, requires the States that
ratify it to renounce the use of the death penalty definitively.

Who can ratify the Protocol?

The Protocol is open for signature and ratification by any State party to the International Covenant on
Civil and Political Rights (ICCPR)

When was it adopted and when did it enter into force?

It was adopted by the UN General Assembly with resolution 44/128 of 15 December 1989 and it
entered into force on 11 July 1991 after its tenth ratification.

What does it say?

The Preamble of the Protocol underscores the significance of abolition of the death penalty as a
measure enhancing human rights and assumes the commitment of States parties to this end. Article 1
provides for a ban on executions and for the abolition of the death penalty within the jurisdiction of
States parties. Article 2 allows States to reserve the right to apply the death penalty during wartime for
serious military crimes committed during wartime. Article 6 further specifies the non-derogable nature
of the ban on executions, even in times of public emergency. Articles 3, 4 and 5 concern the reporting
obligations of States parties and the complaints procedure and, finally, Articles 7 to 11 cover the
procedural issues.

Are reservations allowed under the Protocol?

Article 2 allows States to reserve the right to apply the death penalty in time of war pursuant to a
conviction for a most serious crime of a military nature committed during wartime. This reservation
can only be made at the time of ratification. Since no other reservation may be made at any time, States
parties to the Protocol are committed to abolition even in the event of future changes in national
legislation.

Who has already signed/ratified the Second Optional Protocol?

As of 15th January 2017 84 countries are State parties to the Second Optional Protocol and 2 States had
only signed the Protocol.

Significance

The significance of the Second Optional Protocol goes far beyond the national dimension. At an
international level, the Protocol will ultimately outlaw executions and establish unequivocally the
principle that the death penalty is a violation of human rights, in particular of the right to life. However,
in order to do so, support for the Protocol, in terms of the number of States parties, must reach a
‘critical mass’. In other words, the higher the number of countries ratifying the Second Optional
Protocol the closer will the Protocol come to establishing the principle that the death penalty is a
violation of human rights and elevating it to a customary norm of international law.

THE SECOND PROTOCOL

The States Parties to the present Protocol, Believing that abolition of the death penalty contributes to
enhancement of human dignity and progressive development of human rights, Recalling article 3 of the
Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the
International Covenant on Civil and Political Rights, adopted on 16 December 1966, Noting that article
6 of the International Covenant on Civil and Political Rights refers to abolition of the death penalty in
terms that strongly suggest that abolition is desirable, Convinced that all measures of abolition of the
death penalty should be considered as progress in the enjoyment of the right to life, Desirous to
undertake hereby an international commitment to abolish the death penalty, Have agreed as follows:

Article 1

1. No one within the jurisdiction of a State Party to the present Protocol shall be executed.

2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.

Article 2

1. No reservation is admissible to the present Protocol, except for a reservation made at the time of
ratification or accession that provides for the application of the death penalty in time of war pursuant to
a conviction for a most serious crime of a military nature committed during wartime.

2. The State Party making such a reservation shall at the time of ratification or accession
communicate to the Secretary-General of the United Nations the relevant provisions of its national
legislation applicable during wartime.

3. The State Party having made such a reservation shall notify the Secretary-General of the United
Nations of any beginning or ending of a state of war applicable to its territory.

Article 3

The States Parties to the present Protocol shall include in the reports they submit to the Human Rights
Committee, in accordance with article 40 of the Covenant, information on the measures that they have
adopted to give effect to the present Protocol.

Article 4

With respect to the States Parties to the Covenant that have made a declaration under article 41, the
competence of the Human Rights Committee to receive and consider communications when a State
Party claims that another State Party is not fulfilling its obligations shall extend to the provisions of the
present Protocol, unless the State Party concerned has made a statement to the contrary at the moment
of ratification or accession.

Article 5

With respect to the States Parties to the first Optional Protocol to the International Covenant on Civil
and Political Rights adopted on 16 December 1966, the competence of the Human Rights Committee to
receive and consider communications from individuals subject to its jurisdiction shall extend to the
provisions of the present Protocol, unless the State Party concerned has made a statement to the
contrary at the moment of ratification or accession.

Article 6

1. The provisions of the present Protocol shall apply as additional provisions to the Covenant.

2. Without prejudice to the possibility of a reservation under article 2 of the present Protocol, the right
guaranteed in article 1, paragraph 1, of the present Protocol shall not be subject to any derogation under
article 4 of the Covenant.
Article 7

1. The present Protocol is open for signature by any State that has signed the Covenant.

2. The present Protocol is subject to ratification by any State that has ratified the Covenant or acceded
to it. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Protocol shall be open to accession by any State that has ratified the Covenant or
acceded to it.

4. Accession shall be effected by the deposit of an instrument of accession with the SecretaryGeneral of
the United Nations.

5. The Secretary-General of the United Nations shall inform all States that have signed the present
Protocol or acceded to it of the deposit of each instrument of ratification or accession.

Article 8

1. The present Protocol shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the tenth instrument of ratification or accession.

2. For each State ratifying the present Protocol or acceding to it after the deposit of the tenth
instrument of ratification or accession, the present Protocol shall enter into force 3 months after the
date of the deposit of its own instrument of ratification or accession.

Article 9

The provisions of the present Protocol shall extend to all parts of federal States without any limitations
or exceptions.

Article 10

The Secretary-General of the United Nations shall inform all States referred to in article 48, paragraph
1, of the Covenant of the following particulars:

(a) Reservations, communications and notifications under article 2 of the present Protocol;

(b) Statements made under articles 4 or 5 of the present Protocol;

(c) Signatures, ratifications and accessions under article 7 of the present Protocol:

(d) The date of the entry into force of the present Protocol under article 8 thereof.

Article 11

1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to
all States referred to in article 48 of the Covenant.
 International Covenant on Economic, Social and Cultural Rights, 1966

The ICESCR is a multilateral treaty adopted by the United Nations General Assembly on 16 December
1966 as part of the larger resolution on Universal Declaration of Human Rights. It aspires to provide
non-self governing and trust territories and individuals, labour rights, right to health , right to education
and the right to an adequate standard of living

The International Covenant on Economic, Social and Cultural Rights (ICESCR) together with its sister
Covenant, the International Covenant on Civil and Political Rights (ICCPR), and the Universal
Declaration, form the International Bill of Human Rights which is the pillar for human rights protection
within the United Nations.

The ICESCR was adopted by General Assembly Resolution 2200 A (XXI) of 16 December 1966.
The Covenant reflects the commitments adopted after World War II to promote social progress and
better standards of life, reaffirming faith in human rights and employing the international machinery to
that end.

Since the ICESCR is an international human rights treaty, it creates legally binding international
obligations to those States that have agreed to be bound by the standards contained in it.

As of November 2006, 155 States are parties to the ICESCR, thus, it can be seen as a treaty that reflects
global consensus on the universal human rights standards that apply to the economic, social and
cultural fields.

The Preamble of the Covenant recognizes, inter alia, that economic, social and cultural rights derive
from the "inherent dignity of the human person" and that "the ideal of free human beings enjoying
freedom of fear and want can only be achieved if conditions are created whereby everyone may enjoy
his economic, social and cultural rights, as well as civil and political rights.

Furthermore, the overarching principles of the Covenant are:

(1) equality and non-discrimination in regard to the enjoyment of all the rights set forth in the treaty;
and
(2) States parties have an obligation to respect, protect and fulfil economic, social and cultural rights.

The Covenant recognizes the following rights:


 The right to work (Article 6);
 The right to just and favourable conditions of work (Article 7);
 The right to form and join trade unions and the right to strike (Article 8);
 The right to social security including social insurance (Article 9);
 The right to protection and assistance for the family and the prohibition of child labour (Ar 10);
 The right to an adequate standard of living for oneself and one's family, including adequate food,
clothing and housing and to the continuous improvement of living conditions (Article 11);
 The right to the highest attainable standard of physical and mental health (Article 12);
 The right to education, the freedom of parents to choose schools other than those established by
public authorities (Articles 13 and 14); and
 The right to take part in cultural life and to benefit from scientific progress (Article 15)

States Parties to the ICESCR

States become parties to an international treaty through ratification or accession. When a country
becomes a State party to the ICESCR, it voluntarily accepts a range of legally binding obligations to
promote the realisation of economic, social and cultural rights at the national level.

Moreover, upon ratification or accession to the ICESCR, a State party is also offering itself to the
scrutiny of an international committee of independent experts (the Committee on ESCR) on the basis of
these norms and standards.
When governments become States parties to the ICESCR, they can identify that they will not be bound
to particular provisions. This is known as "entering a reservation." Sometimes States parties can also
make declarations and these have the same effect as reservations.

The Committee on Economic, Social and Cultural Rights

The Committee on Economic, Social and Cultural Rights is the supervisory body of the International
Covenant on Economic, Social and Cultural Rights. It was established under United Nations
Economic and Social Council (ECOSOC) Resolution 1985/17 of 28 May 1985 to carry out the
monitoring functions assigned to the ECOSOC in Part IV of the ICESCR.

The ECOSOC is the primary body dealing with the economic, social, humanitarian and cultural work
of the United Nations system. ECOSOC oversees 5 regional economic commissions and 6 "subject-
matter" commissions, along with a sizeable system of committees and expert bodies.

ECOSOC is composed of 54 member States, elected by the United Nations General Assembly for 3-
year terms.
The Committee on Economic, Social and Cultural Rights is composed of 18 independent experts.

Members of the Committee are elected by ECOSOC by secret ballot from a list of persons who
qualify as "experts in the field of human rights" and who have been nominated for that purpose by the
States parties. Members are elected for 4 years and are eligible for re-election.

The Committee meets in Geneva and normally holds two sessions per year, consisting of a three-
week plenary and a one-week pre-sessional working group.

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

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

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

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

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

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

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

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

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

Article 10: Protection and assistance should be accorded to the family. Marriage must be entered into
with the free consent of both spouses. Special protection should be provided to mothers. Special
measures should be taken on behalf of children, without discrimination. Children and youth should be
protected from economic exploitation. Their employment in dangerous or harmful work should be
prohibited. There should be age limits below which child labor should be prohibited.
Article 11: Everyone has the right to an adequate standard of living for himself and his family,
including adequate food, clothing and housing. Everyone has the right to be free from hunger.

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

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

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

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

OPTIONAL PROTOCOL TO ICESCR

An Optional Protocol to the ICESCR was adopted by the UN General Assembly on 10 December
2008 and it came into force on 5 May 2013.

The protocol gives individuals the right to raise complaints about violations of their rights which are
enshrined by the covenant. Although, an optional protocol regulating the complaint procedure for its
sister treaty, the International Covenant on Civil and Political Rights, was entered into force in 1976, it
was postponed for ICESCR until 2013 because of the historic debate discussing whether these rights
are justiciable or not. This division between the treaties left the protection of the ESCR in the
background.

The Protocol is a landmark achievement for economic, social and cultural rights. It essentially sets up a
complaints mechanism which, for the first time, will enable people whose rights (as defined in the
ICESCR) have been violated and who have not received justice in their own country to make
complaints to the UN. Decisions on complaints will be made by an independent panel of 18 experts
called the UN Committee on Economic, Social and Cultural Rights. The panel will recommend what
course of action governments should take in response to complaints.

It establishes mechanisms for bringing violations of economic, social and cultural rights before the UN
Committee on Economic, Social and Cultural Rights, specifically: an individual complaints
mechanism, an inter-state complaint mechanism and an inquiry procedure.

Committee on Economic, Social and Cultural Rights (CESCR)

The Committee on Economic, Social and Cultural Rights (CESCR) is the independent expert body
appointed to oversee state parties’ implementation of the ICESCR. It consists of 18 independent
experts who are nationals of state parties to ICESCR, elected by secret ballot and serving four-year
terms. CESCR meets twice annually.

Parallel Reports

While state reports tend to provide information on legislative framework, they may not always
thoroughly reflect the reality on the ground: for example, they may focus on domestic law, even though
the implementation of that law for rights-holders may not be effective in practice. The Committee
invites input from civil society to be used in their review of states’ reports (see section immediately
above).This gives civil society actors the opportunity to present alternative evidence, views, findings
and/or raise issues that are not covered by the state report. This input is submitted in the form of a
report and parallel to the state report concerned. These reports are often referred to as “shadow reports”
or “parallel reports”.
Individual Complaints

Individual complaints concerning VAW are often submitted to the Committee on the Elimination of all
forms of Discrimination against Women, however cases involving multiple levels of discrimination can
be submitted to other treaty bodies.

The Committee has stated that “Gender-based violence is a form of discrimination that inhibits the
ability to enjoy rights and freedoms, including economic, social and cultural rights, on a basis of
equality.” Whilst this new mechanism has not yet processed any violence against women related
individual complaints, the procedure can be used by victims of a violation of any of the economic,
social and cultural rights.

Inquiries

Under Article 11 of the optional protocol, if CESCR “receives reliable information on serious, grave or
systemic violations” committed by a state party to the Optional Protocol, it may designate one of its
Committee members to “conduct an inquiry and report urgently to the Committee”. This may include a
visit to the country. However, if the state party concerned has opted out of under Article 11(8) of OP-
ICESCR, the Committee may be prevented from carrying out an inquiry.

Genesis
In 1966, the United Nations General Assembly adopted the International Covenant on Economic,
Social and Cultural Rights. The Covenant obliged its parties to recognise and progressively
implement economic, social, and cultural rights, including labour rights and right to health, right to
education, and right to an adequate standard of living, but did not include any mechanism by which
these obligations could be legally enforced.

Work on an individual complaints mechanism began in 1990, with a view to developing an Optional
Protocol similar to those of other UN human rights instruments. Development was encouraged by the
1993 World Conference on Human Rights, which recommended the Commission on Human Rights
and CESCR to "continue examination of optional protocols" to the ICESCR.

ICESCR presented the first draft Optional Protocol in 1997. In 2002, the committee established an
open-ended working group to continue development. In 2006, the Human Rights Council gave the
open-ended working group the task of formally negotiating a draft text. Negotiations were completed in
April 2008, and the resulting Optional Protocol was formally adopted by the UN General Assembly on
10 December 2008. It was opened for signature on 24 September 2009.

Summary
The Optional Protocol establishes an individual complaints mechanism for the Covenant similar to
those of the First Optional Protocol to the International Covenant on Civil and Political
Rights, Optional Protocol to the Convention on the Rights of Persons with Disabilities.

Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination. Parties agree to
recognise the competence of the Committee on Economic, Social and Cultural Rights to consider
complaints from individuals or groups who claim their rights under the Covenant have been violated.

Complainants must have exhausted all domestic remedies, and anonymous complaints and complaints
referring to events which occurred before the country concerned joined the Optional Protocol are not
permitted.

The committee can request information from and make recommendations to a party. Parties may also
opt to permit the committee to hear complaints from other parties, rather than just individuals.

The Protocol also includes an inquiry mechanism. Parties may permit the committee to investigate,
report on and make recommendations on "grave or systematic violations" of the Covenant. Parties may
opt out of this obligation on signature or ratification. The Optional Protocol required 10 ratifications
to come into force.
International Convention on Elimination of All Forms of Racial Discrimination,
1965 (ICERD)

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
is a United Nations convention. A third-generation human rights instrument, the Convention commits
its members to the elimination of racial discrimination and the promotion of understanding among all
races. The Convention also requires its parties to criminalize hate speech and criminalize membership
in racist organizations.

The Convention also includes an individual complaints mechanism, effectively making it enforceable
against its parties. This has led to the development of a limited jurisprudence on the interpretation and
implementation of the Convention.

The convention was adopted and opened for signature by the United Nations General Assembly on 21
December 1965, and entered into force on 4 January 1969. As of July 2020, it has 88 countries as
signatories and 182 countries as parties (including accessions and successions).

The Convention is monitored by the Committee on the Elimination of Racial Discrimination (CERD).
CERD provides for:

1. a reporting procedure

2. an early warning and urgent action procedure

3. an optional individual complaints mechanism (Article 14), and

4. an interstate complaints procedure.

Genesis
In December 1960, following incidents of anti-semitism in several parts of the world, the United
Nations General Assembly adopted a resolution condemning "all manifestations and practices of racial,
religious and national hatred" as violations of the United Nations Charter and Universal Declaration of
Human Rights and calling on the governments of all states to "take all necessary measures to prevent
all manifestations of racial, religious and national hatred".

The Economic and Social Council followed this up by drafting a resolution on "manifestations of racial
prejudice and national and religious intolerance", calling on governments to educate the public against
intolerance and rescind discriminatory laws. Lack of time prevented this from being considered by the
General Assembly in 1961, but it was passed the next year.

During the early debate on this resolution, African nations led by the Central African
Republic, Chad, Dahomey, Guinea, Côte d'Ivoire, Mali, Mauritania, and Upper Volta pushed for more
concrete action on the issue, in the form of an international convention against racial discrimination.

Some nations preferred a declaration rather than a binding convention, while others wanted to deal with
racial and religious intolerance in a single instrument. The eventual compromise, forced by the Arab
nations' political opposition to treating religious intolerance at the same time as racial intolerance plus
other nations' opinion that religious intolerance was less urgent, was for two resolutions, one calling for
a declaration and draft convention aimed at eliminating racial discrimination, the other doing the same
for religious intolerance.

The draft Declaration on the Elimination of All Forms of Racial Discrimination was adopted by the
General Assembly on 20 November 1963. The same day the General Assembly called for the
Economic and Social Council and the Commission on Human Rights to make the drafting of a
Convention on the subject an absolute priority. The draft was completed by mid-1964, but delays in the
General Assembly meant that it could not be adopted that year. It was finally adopted on 21
December 1965.
 CORE PROVISIONS
A. Definition of "racial discrimination"
Preamble of the Convention reaffirms dignity and equality before the law citing Charter of United
Nations and Universal Declaration of Human Rights and condemns colonialism citing Declaration on
the Granting of Independence to Colonial Countries and Peoples, Declaration on the Elimination of All
Forms of Racial Discrimination and also cites ILO Convention on Employment and Occupation
(C111) and Convention against Discrimination in Education against discrimination.

B. Prevention of discrimination
 Article 1 of the Convention does not prohibit discrimination based on nationality, citizenship or
naturalization but prohibits discrimination "against any particular nationality".

Article 1: ‘Racial discrimination’ refers to “…any distinction, exclusion, restriction or preference

based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying
or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural or any other field of public life.”

The Convention shall not apply to distinctions, exclusions, restrictions or preferences – made by State
Parties – between citizens and non-citizens. Nothing in this Convention may be interpreted as affecting
the legal provisions of States Parties which concern nationality, citizenship or naturalisation, unless
such provisions discriminate against any particular nationality.

Racial discrimination shall not include special measures undertaken to secure “adequate” advancement
for certain racial or ethnic groups, or individuals requiring such protection – provided that such
measures do not lead to the maintenance of separate rights for different racial groups, and that the
measures shall not be continued after its objectives have been met.

 Article 2 of the Convention condemns racial discrimination and obliges parties to "undertake to
pursue by all appropriate means and without delay a policy of eliminating racial discrimination in
all its forms". It also obliges parties to promote understanding among all races. To achieve this,
the Convention requires that signatories:

1. Not practice racial discrimination in public institutions.

2. Not "sponsor, defend, or support" racial discrimination.
3. Review existing policies, and amend or revoke those that cause or perpetuate racial discrimination.
4. Prohibit "by all appropriate means, including legislation," racial discrimination by individuals and
organisations within their jurisdictions.
5. Encourage groups, movements, and other means that eliminate barriers between races, and
discourage racial division
Parties are obliged "when the circumstances so warrant" to use positive discrimination policies for
specific racial groups to guarantee "the full and equal enjoyment of human rights and fundamental
freedoms". However, these measures must be finite, and "shall in no case entail as a consequence the
maintenance of unequal or separate rights for different racial groups after the objectives for which they
were taken have been achieved".

 Article 5 expands upon the general obligation of Article 2 and creates a specific obligation to
guarantee the right of everyone to equality before the law regardless of "race, colour, or national
or ethnic origin". It further lists specific rights this equality must apply to: equal treatment by
courts and tribunals, security of the person and freedom from violence, the civil and political
rights affirmed in the ICCPR, the economic, social and cultural rights affirmed in the ICESCR,
and the right of access to any place or service used by the general public, "such as transport
hotels, restaurants, cafes, theaters and parks." This list is not exhaustive, and the obligation
extends to all human rights.

 Article 6 obliges parties to provide "effective protection and remedies" through the courts or other
institutions for any act of racial discrimination. This includes a right to a legal
remedy and damages for injury suffered due to discrimination.
C. Condemnation of apartheid
 Article 3 condemns apartheid and racial segregation and obliges parties to "prevent, prohibit and
eradicate" these practices in territories under their jurisdiction. This article has since been
strengthened by the recognition of apartheid as a crime against humanity in the Rome Statute of
the International Criminal Court.

The Committee on the Elimination of Racial Discrimination regards this article as also entailing an
obligation to eradicate the consequences of past policies of segregation, and to prevent racial
segregation arising from the actions of private individuals.

D. Prohibition of incitement
 Article 4 of the Convention condemns propaganda and organizations that attempt to justify
discrimination or are based on the idea of racial supremacism. It obliges parties, "with due regard
to the principles embodied in the Universal Declaration of Human Rights", to adopt "immediate
and positive measures" to eradicate these forms of incitement and discrimination. Specifically, it
obliges parties to criminalize hate speech, hate crimes and the financing of racist activities, and to
prohibit and criminalize membership in organizations that "promote and incite" racial
discrimination. A number of parties have reservations on this article, and interpret it as not
permitting or requiring measures that infringe on the freedoms of speech, association or assembly.

The Committee on the Elimination of Racial Discrimination regards this article as a mandatory
obligation of parties to the Convention, and has repeatedly criticized parties for failing to abide by it.

E. Promotion of tolerance
 Article 7 obliges parties to adopt "immediate and effective measures", particularly in education,
to combat racial prejudice and encourage understanding and tolerance between different racial,
ethnic and national groups.

F. Dispute resolution mechanism

 Articles 11 through 13 of the Convention establish a dispute resolution mechanism between
parties. A party that believes another party is not implementing the Convention may complain to
the Committee on the Elimination of Racial Discrimination. The Committee will pass on the
complaint, and if it is not resolved between the two parties, may establish an ad hoc Conciliation
Commission to investigate and make recommendations on the matter.

 Article 22 further allows any dispute over the interpretation or application of the Convention to
be referred to the International Court of Justice. This clause has been invoked three times, by
Georgia against Russia, by Ukraine against Russia, by Qatar against UAE.

G. Individual complaints mechanism

 Article 14 of the Convention establishes an individual complaints mechanism similar to that of
the - First Optional Protocol to the International Covenant on Civil and Political Rights,

- Optional Protocol to the Convention on the Rights of Persons with Disabilities and

- Optional Protocol to the Convention on the Elimination of All Forms of Discrimination

against Women.

Parties may at any time recognise the competence of the Committee on the Elimination of
Racial Discrimination to consider complaints from individuals or groups who claim their rights under
the Convention have been violated. Such parties may establish local bodies to hear complaints before
they are passed on. Complainants must have exhausted all domestic remedies, and anonymous
complaints and complaints that refer to events that occurred before the country concerned joined
Convention are not permitted. The Committee can request information from and make
recommendations to a party.
H. Reservations
A number of parties have made reservations and interpretative declarations to their application of the
Convention. The Convention text forbids reservations "incompatible with the object and purpose of this
Convention" or that would inhibit the operation of any body established by it. A reservation is
considered incompatible or inhibitive if two-thirds of parties object to it.

Committee on the Elimination of Racial Discrimination

The Committee on the Elimination of Racial Discrimination is a body of human rights experts who
monitor the implementation of the Convention. 18 independent human rights experts are members.
They are elected for four-year terms, with half the members elected every 2 years. Nations that joined
the treaty elect members by secret ballot. Each nation is allowed to nominate someone from its nation
to run for election to the Committee.

Nations that have joined the treaty must submit regular reports to the Committee telling the legislative
[legal], judicial [court-based], policy and other measures they have taken to give effect to the
Convention. The first report is due within a year of the Convention being used in a country; afterwards,
reports are due every two years or whenever the Committee requests.

The Committee carefully reads each report and discusses its concerns and recommendations to the
nation in the form of "concluding observations." The Committee typically meets every March and
August in Geneva.

CASE LAWS

I. BLACK LIVES MATTER MOVEMENT (2013)

II. KILLING OF TRAYVON MARTIN CASE (26 Feb, 2016)
Convention on Elimination of All Forms of Discrimination against Women, 1979

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW,
hereinafter) is an international convention that was adopted by the United Nations General
Assembly on December 18, 1979.

It is referred to as an “international bill of rights for women.” The convention is divided into 6
sections, with a total of 30 Articles. It was established on September 3, 1981, and has been ratified by
189 states. Over 50 nations have ratified the treaty subject to various declarations, reservations, and
objections, including 38 countries that have rejected the application of Article 29, which addresses
mechanisms of resolving disputes concerning the interpretation or implementation of the convention.

The CEDAW follows the same format as the Convention on the Elimination of All Forms of Racial
Discrimination. In terms of the scope of its substantive requirements as well as its internal monitoring
measures.

The draft optional protocol incorporates the features of existing UN complaints procedures. It also
incorporates some of the practices of other UN treaty bodies that have developed as their complaints
procedures have been used.

The essential members or parties to the Convention are all UN members, with the exception of six
member states, Iran, Palau, Somalia, Sudan, Tonga, and the United States, which have not ratified the
convention. By signing the Convention, nations agree to adopt a number of steps to eliminate all forms
of discrimination against women, including:

1. 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;
2. to establish tribunals and other public institutions to ensure the effective protection of
women against discrimination; and
3. to ensure the elimination of all acts of discrimination against women by persons,
organizations, or enterprises.

A brief history about the Convention

The United Nations Commission on the Status of Women (CSW) had previously worked on women’s
political rights and the minimum marriage age. Despite the fact that the 1945 United Nations
Charter promotes human rights for all people, some claim that earlier U.N. agreements on sex and
gender equality were a fragmented strategy that failed to remove general discrimination against
women.

Summary
The convention has a similar format to the Convention on the Elimination of All Forms of Racial
Discrimination, "both with regard to the scope of its substantive obligations and its international
monitoring mechanisms". The convention is structured in 6 parts with 30 articles total.

 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. Part III 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.

CORE PROVISIONS
Article 1 defines discrimination against women in the following terms:

Any distinction, exclusion or restriction made on the basis of sex which has the effect
or purpose of impairing or nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis of equality of men and women,
of human rights and fundamental freedoms in the political, economic, social, cultural,
civil or any other field.
Article 2 mandates that states parties ratifying the convention declare intent to enshrine gender
equality into their domestic legislation, repeal all discriminatory provisions in their laws, and enact new
provisions to guard against discrimination against women. States ratifying the convention must also
establish tribunals and public institutions to guarantee women effective protection against
discrimination, and take steps to eliminate all forms of discrimination practiced against women by
individuals, organizations, and enterprises.

Article 3 requires states parties to guarantee basic human rights and fundamental freedoms to women
"on a basis of equality with men" through the "political, social, economic, and cultural fields."

Article 4 notes that "Adoption...of special measures aimed at accelerating de facto equality between
men and women shall not be considered discrimination." It adds that special protection for maternity is
not regarded as gender discrimination.

Article 5 requires states parties to take measures to seek to eliminate prejudices and customs based on
the idea of the inferiority or the superiority of one sex or on stereotyped role for men and women. It
also mandates the states parties "to ensure...the recognition of the common responsibility of men and
women in the upbringing and development of their children."

Article 6 obliges states parties to "take all appropriate measures, including legislation, to suppress all
forms of trafficking in women and exploitation of prostitution of women."

Article 7 guarantees women equality in political and public life with a focus on equality in voting,
participation in government, and participation in "non-governmental organizations and associations
concerned with the public and political life of the country."

Article 8 provides that states parties will guarantee women's equal "opportunity to represent their
Government at the international level and to participate in the work of international organizations."

Article 9 mandates state parties to "grant women equal rights with men to acquire, change or retain
their nationality" and equal rights "with respect to the nationality of their children."

Article 10 mandates equal opportunity in education for female students and encourages coeducation. It
also provides equal access to athletics, scholarships and grants as well as requires "reduction in female
students' drop out rates."

Article 11 outlines the right to work for women as "an unalienable right of all human beings." It
requires equal pay for equal work, the right to social security, paid leave and maternity leave "with pay
or with comparable social benefits without loss of former employment, seniority or social allowances."
Dismissal on the grounds of maternity, pregnancy or status of marriage shall be prohibited with
sanction.

Article 12 creates the obligation of states parties to "take all appropriate measures to eliminate
discrimination against women in the field of healthcare in order to ensure...access to health care
services, including those related to family planning."

Article 13 guarantees equality to women "in economic and social life," especially with respect to "the
right to family benefits, the right to bank loans, mortgages and other forms of financial credit, and the
right to participate in recreational activities, sports and all aspects of cultural life."
Article 14 provides protections for rural women and their special problems, ensuring the right of
women to participate in development programs, "to have access to adequate health care facilities," "to
participate in all community activities," "to have access to agricultural credit" and "to enjoy adequate
living conditions."

Article 15 obliges states parties to guarantee "women equality with men before the law," including
"a legal capacity identical to that of men." It also accords "to men and women the same rights with
regard to the law relating to the movement of persons and the freedom to choose their residence and
domicile."

Article 16 prohibits "discrimination against women in all matters relating to marriage and family
relations." In particular, it provides men and women with "the same right to enter into marriage, the
same right freely to choose a spouse," "the same rights and responsibilities during marriage and at its
dissolution," "the same rights and responsibilities as parents," "the same rights to decide freely and
responsibly on the number and spacing of their children," "the same personal rights as husband and
wife, including the right to choose a family name, a profession and an occupation" "the same rights for
both spouses in respect of the ownership, acquisition, management, administration, enjoyment and
disposition of property, whether free of charge or for a valuable consideration."

Articles 17 – 24 These articles describe the composition and procedures of the CEDAW Committee,
like the hierarchical structure and rules and regulations of systematic procedure of the relationship
between CEDAW and national and international legislation and the obligation of States to take all steps
necessary to implement CEDAW in full form.

Articles 25 – 30 (Administration of CEDAW)- These articles describe the general administrative

procedures concerning enforcement of CEDAW, ratification and entering reservations of concerned
states.

Optional protocol
Human rights treaties are frequently followed by “Optional Protocols” that either provide for treaty
procedures or address a substantive issue connected to the treaty. These protocols are also regarded as
crucial. Optional Protocols to human rights treaties are treaties in their own right that can be signed,
acceded to, or ratified by nations who are parties to the treaty.

Need for an optional protocol

1. To enhance and expand the current procedures for enforcing women’s human rights.
2. Strengthening states’ and individuals’ understanding of CEDAW.
3. To encourage states to take action to adopt CEDAW.
4. To encourage improvements in discriminatory laws and practices.
5. To improve existing channels for human rights implementation inside the UN system.
6. To raise public knowledge of human rights principles relating to gender discrimination.

The optional protocol to the “Convention on the Elimination of All Forms of Discrimination against
Women” includes:

A. Communications procedure

 Individuals and groups of women have the right to protest about violations of the Convention to
the Committee on the Elimination of Discrimination against Women. This is known as the
“communications procedure.”
 The United Nations communications processes grant the ability to petition or a complaint about
infringement of human rights. The complaint must be in writing under all procedures.

B. Inquiry procedure

It permits the committee to conduct investigations of grave or systemic Optional Protocol parties. This
capability, known as an inquiry mechanism, is provided in Article 8 of the Optional Protocol.

An inquiry method and a complaints mechanism are included in the optional protocol. An inquiry
procedure enables the committee to conduct investigations into significant and systematic violations of
women’s human rights in countries that become the Optional Protocol States. It is based on Article 20
of the International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. The inquiry procedure:

1. Allows an international committee of experts to investigate serious violations of women’s human

rights; Is beneficial when individual communications fail to convey the systemic character of
widespread violations of women’s rights;
2. Allows for the investigation of widespread infractions in situations when individuals or groups may
be unable to communicate (for practical reasons or because of fear of reprisals)
3. Allows the committee to make recommendations on the structural reasons of violations;
4. And enables the committee to address a wide range of concerns in a specific country.

CASE LAWS:
1. Vishaka v. State of Rajasthan, AIR 1997 SC 3011
(Bhanwari Devi, a social worker, was gang-raped by 5 men for preventing child marriage. The trial court acquitted
them. Vishaka, a group for women’s education & research took up for this cause & filed a petition in the SC on
sexual harrasment at workplace)
2. Mary Roy v. St. Of Kerela
(Held that Syrian Christian women the right to seek an equal share in their father’s property)
3. Lata singh v. State of UP
(Adult women has the right to marry or live with anyone of their choice)
 Convention on the Rights of the Child, 1989 & Optional Protocols (CRC)

The United Nations Convention on the Rights of the Child (commonly abbreviated as
the CRC or UNCRC) is an international human rights treaty which sets out the civil, political,
economic, social, health and cultural rights of children. The convention defines a child as any human
being under the age of eighteen, unless the age of majority is attained earlier under national legislation.

Nations that have ratified this convention or have acceded to it are bound by international law. When a
state has signed the treaty but not ratified it, it is not yet bound by the treaty's provisions but is already
obliged to not act contrary to its purpose.

The UN Committee on the Rights of the Child, composed of 18 independent experts, is responsible
for supervising the implementation of the convention by the states that have ratified it. Their
governments are required to report to and appear before the UN Committee on the Rights of the Child
periodically to be examined on their progress regarding the advancement of the implementation of the
convention and the status of child rights in their country. Their reports and the committee's written
views and concerns are available on the committee's website.

The UN General Assembly adopted the convention and opened it for signature on 20 November
1989. It came into force on 2 September 1990, after it was ratified by the required number of nations.
As of 9 July 2024, 196 countries are party to it, including every member of the United Nations except
the United States.

Two optional protocols were adopted on 25 May 2000. The First Optional Protocol restricts the
involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of
children, child prostitution and child pornography. More than 170 states have ratified both protocols. A
third optional protocol relating to communication of complaints was adopted in December 2011 and
opened for signature on 28 February 2012. It came into effect on 14 April 2014.

Contents
The convention deals with child-specific needs and rights. It requires that the "nations that ratify this
convention are bound to it by international law." Ratifying states must act in the best interests of the
child.

In all jurisdictions implementing the convention requires compliance with child custody and
guardianship laws as every child has basic rights, including the right to life, to their own name and
identity, to be raised by their parents within a family or cultural grouping, and to have a relationship
with both parents, even if they are separated.

The convention obliges states to allow parents to exercise their parental responsibilities. The
convention also acknowledges that children have the right to express their opinions and to have those
opinions heard and acted upon when appropriate, to be protected from abuse or exploitation, and to
have their privacy protected. It requires that their lives not be subject to excessive interference.

The convention also obliges signatory states to separate legal representation for a child in any judicial
dispute concerning their care and asks that the child's viewpoint be heard in such cases.

The convention forbids capital punishment for children. Article 19 of the convention states that state
parties must "take all appropriate legislative, administrative, social and educational measures to protect
the child from all forms of physical or mental violence", but it makes no reference to corporal
punishment. The committee's interpretation of this section to encompass a prohibition on corporal
punishment has been rejected by several state parties to the convention, including Australia,Canada and
the United Kingdom.

The European Court of Human Rights has referred to the convention when interpreting the European
Convention on Human Rights.
 Global standards and cultural relativism
Global human rights standards were challenged at the World Conference on Human Rights in Vienna
(1993) when a number of governments (prominently China, Indonesia, Malaysia and Iran) raised
serious objections to the idea of universal human rights. There are unresolved tensions between
"universalistic" and "relativistic" approaches in the establishment of standards and strategies designed
to prevent or overcome the abuse of children's capacity to work.

Child marriage and slavery

Some scholars link child marriages to slavery and slavery-like practices. Child marriage as slavery is
not directly addressed by the convention.

OPTIONAL PROTOCOLS

The first, the Optional Protocol on the Involvement of Children in Armed Conflict requires parties
to ensure that children under the age of 18 are not recruited compulsorily into their armed forces, and
calls on governments to do everything feasible to ensure that members of their armed forces who are
under 18 years do not take part in hostilities. This protocol entered into force on 12 July 2002. As of 12
August 2017, 162 states are parties to the protocol and another 14 states have signed but not ratified it.

The second, the Optional Protocol to the Convention on the Sale of Children, Child Prostitution
and Child Pornography, requires parties to prohibit the sale of children, child prostitution and child
pornography. It entered into force on 18 January 2002. As of 12 August 2017, 171 states are party to
the protocol and another nine states have signed but not ratified it.

The third, the Optional Protocol to the Convention on the Rights of the Child on a
Communications Procedure is that which would allow children or their representatives to file
individual complaints about violation of the rights of children. It was adopted in December 2011 and
opened for signature on 28 February 2012. The protocol currently has 50 signatures and 25
ratifications: it entered into force on 14 April 2014 following the tenth ratification three months
beforehand.

Optional Protocols to the Convention on the Rights of the Child

A. Optional Protocol to the Convention on the Rights of The Child on the Involvement of
Children in Armed Conflict, 25th May 2000:

Came into force on 12 February 2002. UN Convention on the Rights of the Child, 1989, (CRC)
demonstrated its widespread commitment that exists to strive for the promotion and protection of the
rights of the child. It wanted to reaffirm the rights of children through special protection. CRC sensed
that the improvement of the situation of children without distinction, as well as for their development
and education in conditions of peace and security, widespread impact of armed conflict on children and
the long-term consequences this has for durable peace, security and development. Especially the
targeting of children in situations of armed conflict and direct attacks on objects protected under
international law, schools and hospitals, CRC thought of special protocol. CRC thought that definition
of child is not specific:

CRC also took this due to the following recommendations in this context from the following bodies
and institutions. These are:

1. Adoption of Statute of the International Criminal Court and, in particular, and its inclusion as a war
crime of conscripting or enlisting children under the age of 15 years or using them to participate
actively in hostilities in both international and non-international armed conflicts.
2. The 26th International Conference of the Red Cross and Red Crescent in December 1995
recommended, inter alia, that parties to conflict take every feasible step to ensure that children under
the age of 18 years do not take part in hostilities.
3. International Labour Organization(June 1999) Convention No. 182 on the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour prohibits, inter alia, forced or
compulsory recruitment of children for use in armed conflict.
4. The 26th International Conference of the Red Cross and Red Crescent in December 1995
recommended, inter alia, that parties to conflict take every feasible step to ensure that children under
the age of 18 years do not take part in hostilities.

CRC was thus convinced of the need to strengthen international cooperation in the implementation of
this Protocol for the physical and psychosocial rehabilitation and social reintegration of children who
are victims of armed conflict.

The Optional Protocol to Convention on the rights of the child on the involvement of children in
conflict has 13 Articles to provide for this.

 Article 1 insists that State Parties shall take all feasible measures to ensure that members of their
armed forces who have not attained the age of 18 years do not take a direct part in hostilities.

 Article 2 held that States Parties should ensure that persons who have not attained the age of 18
years are not compulsorily recruited into their armed forces.

 Article 3 states that state parties shall raise the minimum age as per the Article 38 of CRC that set
for the voluntary recruitment of persons into armed forces. It also insists certain safeguards for
such recruitment. These are:

 Such recruitment is genuinely voluntary;

 Such recruitment is done with the informed consent of the person’s parents or legal guardians;
 Such persons are fully informed of the duties involved in such military service and
 Such persons provide reliable proof of age prior to acceptance into national military service

 Article 4 deals with that aspect that armed groups that are distinct from the armed forces of a
State should not, under any circumstances, recruit or use in hostilities, persons under the age of 18
years.

 Article 6 insists that Each State Party shall take all necessary legal, administrative and other
measures to ensure the effective implementation and enforcement of the provisions of this
Protocol within its jurisdiction. State Parties undertake to make the principles and provisions of
the present Protocol widely known and promoted by appropriate means, to adults and children
alike. State Parties shall take all feasible measures to ensure that persons within their jurisdiction
recruited or used in hostilities contrary to this Protocol are demobilized or otherwise released
from service. State Parties shall, when necessary, accord to these persons all appropriate
assistance for their physical and psychological recovery and their social reintegration.

 Article 7 provides for rehabilitation and reintegration and cooperation of state parties for
implementation of the protocol. It also provides for assistance for such in consultation with the
relevant International organization.

 Article 8 obligates the state parties to submit a report within two years of the entry as a state party
to the protocol.

 Article 9 provides for an open signature to the protocol by any nations.

 Article 10 deals with the entry of a state into force a three months after the deposit of the tenth
instrument of ratification.

 Article 12 invites proposals for an amendment and to file it with Secretary- General of the United
Nations. Article 12 provides for transmission of certified copies to all states that have signed the
Convention.
B. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child
prostitution and Child Pornography, 25th May 2000:

UN Convention on the Rights of the Child, 1989(we can call this UNCRC or CRC hereafter) claimed
to further the impact of the relevant articles of a convention such as Articles 1, 11, 21, 32,33,34,35 and
36 and to guarantee the protection of the child from the sale of children. Convention wanted to take
measures against such practices like child prostitution, sex tourism, children vulnerability; and a greater
risk to girl children due to such practice and growing availability of child pornography.

The UN enforced this protocol to obligate the state parties to guarantee these rights to children. UN
convention was initiated and encouraged by following International legal instruments and other
conventions to enforce this optional protocol 2000.

1. Hague Convention on Protection of Children and cooperation in respect of Inter-country

Adoption
2. Hague Convention on the Civil Aspects of International Child Abduction
3. The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and
Cooperation in Respect of Parental Responsibility and Measures
4. International Labour Organization Convention No.182 on prohibition and Immediate action
for the elimination of Worst Forms of Child Labour and
5. Agenda for Action by World Congress Committee against Sexual Exploitation of Children,
1996

Furthermore, taking into consideration of cultural values of each people for protection and harmonious
development of the Child UN CRC evolved this protocol.

 Article 1 of the convention insists the state parties to the convention prohibit the sale of children,
child prostitution, and child pornography.

 As per Article 2 of the Optional Protocol, the State parties shall prohibit the sale of children or
any act of transaction of a child by any person or group of persons for the sake of remuneration.
Child prostitution means the use of a child in sexual activities for remuneration.

 Article 3 obligates the state parties to take legal measure through its criminal law or penal law for
such offences for sale of children; sexual exploitation of the child; engagement of forced labour;
adoption of a child in violation applicable in the International legal instrument. The UN optional
protocol insists state parties to take penal measures against offences such as offering, obtaining,
procuring or providing a child for prostitution. It also insists penal measures for
producing, distributing, disseminating, importing, exploring, offering, selling or possessing child
pornography (representation of child engaged in a real or simulated explicit sexual activities or
any representation of the sexual parts of a child for primarily sexual purposes as described
in Article 2 of the present protocol).

 Article 4 insists to establish jurisdiction required to take the penal measure.

 Article 6 provides for the greatest measure of assistance for criminal extradition proceedings
between state parties.

 Article 7 insists state parties take measures based on their national law seizure and confiscation of
goods, materials that facilitate their offences and also for the closure of the premises use to make
such offences.

 Article 8 insists on state parties to take measures to protect the rights like protecting their privacy
and identity, and victims of the practices prohibited under the protocol. This Article 8 also looks
for appropriate legal and psychological training of persons working with victims of offences
prohibited.
  Article 9 insists state parties to implement and disseminate measures to prevent offences.

 Article 10 provides for international cooperation, Article 12 for submission of the report to the
Committee on Child rights within two years after the entry of present protocol into force for the
state party.

 Article 13 for open entry to the protocol and Article 16 invites proposals for an amendment and
files it with Secretary-General of the United Nations.

This article is very important as it deals with the rights and best interests of children who have been
victim to any of the crimes covered in the OPSC. This article provides for cautions to deal with child
victims throughout the legal/justice process.

 Making sure legal procedures are sensitive to the special needs of the child victims and that the
procedures take into account how scary instance, authorities should make rooms available that are nice
and friendly for children to tell their story.
 An audio or video recording of the child victim’s story could be made, so the child doesn’t have to
repeat the story many times or tell it when the criminal is in the same room.
 Making sure child victims know about their rights and that they are aware of everything that is
happening with their own case.
 Making sure the child victim’s voice and concerns are heard and considered during the procedure.
 Giving the child victim support throughout the legal process.
 Making sure the privacy and identity of the child victim is protected (for instance, to ensure the child’s
name and the picture does not appear in newspapers or on TV).
 Protecting child victims, their family and other witnesses and keeping them safe from people who may
try to scare them or hurt them for telling their story.
 Making sure the procedures do not take too long.
 Guaranteeing the safety of the people and organizations that help prevent the crimes, protect children
and support the child victims on their way towards recovery and healing.
 Ensuring that training is offered to people who work with child victims Ensuring that training is offered
to people who work with child victims (such as police officer, lawyers, social worker, judges and more

C. Optional Protocol to the Convention on the Rights of the Child on a communications

procedure, 19 December 2011:

Came into force on 14 April 2014. This protocol is a reaffirmation of rights mentioned in the UN
Convention on the rights of the child, 1989. The CRC is convinced with that all the state parties
recognize the rights mentioned in the CRC without discrimination of any kind, irrespective of the
child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other
opinion, national, ethnic or social origin, property, disability, birth or other status. This protocol also
came to reaffirm the universality of human rights; recognizes the child’s right to dignity. Most
importantly the present protocol CRC through its protocol aims to reinforce and complement national
and regional mechanisms allowing children to submit complaints about violations of their rights. CRC
also aims to reinforce the role of national human rights institutions and national mechanisms to
implement the Convention and Optional Protocol on the sale of children, child prostitution and child
pornography and on the involvement of children in armed conflict and to enable the Committee on the
Rights of the Child.

This protocol is divided into three parts.

Part I deals with the general provisions. It recognizes the competence of Committee provided by the
protocol, and it insists that identity of any individual or group should not be revealed.

Part II deals with communication procedure.

- Article 5 provides for individual communications on behalf of an individual or group of

individuals claiming to be victims of a violation by that state party.

- Article 6 insists state take interim measures to avoid possible irreparable damage to victims. At
the same time,
 - Article 7 states that some communications which are anonymous; which is not in writing,
wherein all available domestic remedies have not been exhausted and where such communication is ill-
found and as such are admissible.

- Through provisions of Article 11, the Committee may invite the State Party to submit further
information about any measure taken in response to the views of the Committee.

The Part III of the Protocol deals with the inquiry procedure.

- Accordingly, through Article 13 in case of receipt of reliable information on the sale of children,
child prostitution and child pornography CRC will invite the State party and requests to cooperate in
the examination of the information.

- As per Article 14 of the protocol after the end of six months of the procedure, the Committee
may ask to inform the committee of the measures taken in response to the inquiry.

- Article 14 provides for submission of the report by Committee to the General Assembly.

- Article 18 provides for open entry by any Nation to the Protocol.

- Article 20 deals with the violations occurred after the entry into force. It states: “..the obligation
of the State vis-à-vis the Committee shall relate only to violations the rights set forth in the Convention
or the first two Optional protocols …”

- Article 21 invites proposed amendments to the present protocol from the state parties and to
submit to the General Assembly.
CONCLUSION

Human rights deprived for children are human wrongs; a child undergoes prostitution is not offence it
is an offence of the society to children, and a child is a victim of human wrongs. It is not only a
dishonour to the family it is a national crime and a national shame and global shame to be insensitive to
such heinous offences. These are not crimes against children but crimes committed to children. The
issues discussed on children on armed conflict, Child prostitution, the sale of children and children
used in pornography are in fact related to the issues related to many social and economic factors.
Education, parental literacy, economic and social status; social attitudes, the role of media – all play a
significant role in the development and protection of children.

It is worth mentioning here the role of UN Convention on the Rights of the Child, 1989 through its
elaborative measures and other steps taken through optional protocols. When we look at the impact of
the convention, we find many countries have used the convention to strengthen their national
legislation and adopted new policies to improve the lives of children.
Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment 1984 & Optional Protocol (UNCAT)
The United Nations Convention Against Torture (UNCAT) is an international treaty under UN review
and was adopted in 1984. It was signed in New York.

 It entered into force in 1987 after receiving the required number of ratifications.
 The full name of the treaty is “Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment”.
 The objective of the convention is preventing torture and inhuman, cruel or degrading
punishments all over the world.
 The convention makes it obligatory for nations to prevent torture in all territories under their
jurisdictions.
 It also forbids the transfer of persons to other countries where they might be tortured.
 Since the convention entered into force, the absolute prohibition against torture and other acts
of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle
of customary international law.
The Convention requires member states to take effective measures to prevent torture in
any territory under their jurisdiction, and forbids member states to transport people to any country
where there is reason to believe they will be tortured.

The text of the convention was adopted by the United Nations General Assembly on 10 December
1984 and, following ratification by the 20th state party, it came into force on 26 June 1987. 26 June is
now recognized as the International Day in Support of Victims of Torture, in honor of the convention.
Since the convention's entry was enforced, the absolute prohibition against torture and other acts of
cruel, inhuman, or degrading treatment or punishment has become accepted as a principle of customary
international law. As of April 2024, the convention has 174 state parties.

Committee against Torture (CAT)

The implementation of the convention by parties is monitored by the Committee against Torture, which
is a body of experts in human rights.

 It is one of the eight United Nations-linked bodies for human rights treaties.
 All State parties to the UNCAT should regularly submit reports to the Committee on how they
are implementing rights.
 Once a country has ratified the convention, it should submit a report within a year. After that,
they are expected to submit a report once in four years.
 The Committee can also entertain complaints from individuals regarding a violation of their
rights under the convention.
 International Convention for the Protection of All Persons from
Enforced Disappearance, 2006

The International Convention for the Protection of All Persons from Enforced
Disappearance (ICPPED) is an international human rights instrument of the United Nations intended
to prevent forced disappearance, which, as defined in international law, is part of crimes against
humanity.

The text was adopted by the United Nations General Assembly on 20 December 2006 and opened for
signature on 6 February 2007. It entered into force on 23 December 2010. As of April 2023, 98 states
have signed the convention and 71 have ratified it.

How does it protect people?

In short, the Convention includes terms that:

 Provide that no one shall be subject to enforced disappearance without exception, even in time
of war or other public emergency
 Oblige States parties to criminalize enforced disappearance and make it a punishable offence
 Provide that enforced disappearance constitutes a crime against humanity when practiced in a
widespread or systematic manner
 Oblige States to search for disappeared persons, investigate their disappearance, and provide
victims with access to justice and reparation
 Oblige States to afford one another the greatest measure of mutual legal assistance and
cooperation for the search and investigation
 Prohibit secret detention
 Oblige State parties to guarantee minimum legal standards around the deprivation of liberty,
such as maintaining official registers of persons deprived of liberty with minimum of
information and authorizing them to communicate with their family, counsel, or any other
person of their choice.

Convention on the Rights of Persons with Disabilities, 2006 and

Optional Protocol (UNCRPD)
The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is an
international human rights treaty, which exists to promote, protect and ensure the full and equal
enjoyment of all human rights and fundamental freedoms by all disabled persons. It was adopted on 13
December 2006 at the United Nations HQ in New York, and opened for signature on 30 March 2007.

The Convention applies established human rights principles from the UN Declaration on Human Rights
to the situation of persons with disabilities. It covers civil and political rights to equal treatment &
freedom from discrimination, and social and economic rights in areas like education, health care,
employment and transport. The Convention is monitored by the Committee on the Rights of Persons
with Disabilities for which annual Conferences of States Parties to the CRPD have set guidelines since
2008.

 The UNCRPD is aimed at:

 Ending discrimination against persons with disabilities.
 Enabling persons with disabilities to live independently.
 Making the education system more inclusive.
 Making sure persons with disabilities are protected against all forms of abuse,
violence and exploitation.
 The idea behind the convention is a result of decades of work by the UN in highlighting the
rights of the disabled.
 A chief goal behind the treaty is to eliminate the idea that disabled people are objects of
charity and reiterate the fact that they have equal rights as much as any other person in society.
 They are also active members of society and can make informed decisions based on their free
will.
 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.
 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.
 The convention is legally binding.
 The UNCRPD is one of the fastest negotiated human rights treaties and also the one that
received the highest number of signatories on its opening day.
 Another unique feature of the convention is that it is applicable to all forms of disabilities
including physical, psycho-social and intellectual (cross-disability).

ADOPTION OF THE CONVENTION

The Convention on the Rights of Persons with Disabilities and its Optional Protocol was adopted on 13
December 2006 at the United Nations Headquarters in New York. It opened to signatures on 30th
March 2007 and came into force on 3rd May 2008 following ratification by the 20th State party.

The Convention adopts a broad categorization of persons with disabilities and reaffirms that all persons
with all types of disabilities must enjoy all human rights and fundamental freedoms. It clarifies and
qualifies how all categories of rights apply to persons with disabilities and identifies areas where
adaptation have to be made for persons with disabilities to effectively exercise their rights and areas
where their rights have been violated, and where protection of rights must be reinforced.
 How does it protect people?

The Convention sets out 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 principles set out in the convention are:

 Respect for dignity and individual autonomy;

 Non-discrimination;
 Participation and inclusion;
 Respect for difference and diversity;
 Accessibility;
 Equality of opportunity;
 Equality between men and women; and
 Respect for the evolving capacities of children with disabilities.

The Convention is important because it:

 Clarifies the rights of persons with disabilities;

 Sets out responsibilities to respect those rights;
 Requires a rights-based approach to disability;
 Promotes inclusive and accessible development; and
 Ensures national and international monitoring of rights.

UNCRPD Governance

The Committee on the Rights of Persons with Disabilities is a body of human rights experts tasked with
monitoring the implementation of the convention. It is one of the ten treaty bodies supported by
the United Nations' Office of the High Commissioner for Human Rights in Geneva. It initially
consisted of 12 independent human rights experts, with half elected for a two-year term and half
elected for four-year terms. Thereafter members have been elected for four-year terms, with half the
members elected every two years. As the convention has achieved 80 ratifications, the committee was
expanded to 18 members in 2011.

The Committee on the Rights of Persons with Disabilities is the expert body that monitors the
implementation of the convention by parties.

 All parties to the convention are obliged to send reports to this committee stating how they are
implementing the convention and the progress made so far.

 The first report is to be sent within 2 years of signing.

 Subsequently, the report should be sent every 4 years.

 SUMMARY OF THE ARTICLES

The Convention follows the civil law tradition, with a preamble, in which the principle that "all human
rights are universal, indivisible, interdependent and interrelated "of the Vienna Declaration and
Programme of Action is cited. The 25-subsection preamble explicitly mentions sustainable
development, notes that "disability" is an "evolving concept" involving interaction between
impairments and environmental factors, and mentions the importance of a "gender perspective". The
preamble is followed by 50 articles. Unlike many UN covenants and conventions, it is not formally
divided into parts.

Article 1 defines the purpose of the convention: 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.

Article 2 provides definitions of some keywords in CRPD provisions: communication,

(including Braille, sign language, plain language and nonverbal communication), discrimination on the
basis of disability, reasonable accommodation and universal design.

Article 3 delineates the CRPD's eight "general principles" described below, while Article 4 delineates
parties' "general obligations."

Articles 5–32 define the rights of persons with disabilities and the obligations of states parties towards
them. Many of these mirror rights affirmed in other UN conventions such as the International Covenant
on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights and
the Convention Against Torture, but with specific obligations ensuring that they can be fully realized
by persons with disabilities.

Rights specific to this convention include the rights to accessibility including the information
technology, the rights to live independently and be included in the community (Article 19), to personal
mobility (article 20), habilitation and rehabilitation (Article 26), and to participation in political and
public life, and cultural life, recreation and sport (Articles 29 and 30).

In addition, parties to the Convention must raise awareness of the human rights of persons with
disabilities (Article 8), and ensure access to roads, buildings, and information (Article 9).

Articles 33–39 govern reporting and monitoring of the convention by national human rights
institutions (Article 33) and the Committee on the Rights of Persons with Disabilities (Articles 34
through 39).

Articles 40–50 govern ratification, entry into force, relation to "regional integration organizations",
reservations, amendment, and denunciation of the convention. Article 49 requires that the Convention
be available in accessible formats, and Article 50 provides that the convention's "Arabic, Chinese,
English, French, Russian and Spanish texts" are "equally authentic".
 THE OPTIONAL PROTOCOL

The Optional Protocol to the UNCRPD is a side-agreement to the UN Convention on the Rights of
Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time
as its parent Convention on 3 May 2008.

The Optional Protocol establishes an individual complaints mechanism for the UNCRDP. States Parties
who ratify the Optional Protocol agree to recognise the competence of the Committee on the Rights of
Persons with Disabilities to consider complaints from individuals or groups who claim their rights
under the Convention have been violated. The Committee can request information from and make
recommendations to a party. In addition, States Parties may permit the Committee to investigate, report
on and make recommendations on "grave or systematic violations" of the Convention. States Parties
may opt out of this latter obligation on signature or ratification.

The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement
to the Convention which allows its parties to recognise the competence of the Committee on the Rights
of Persons with Disabilities to consider complaints from individuals. The text is based heavily on
the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against
Women. As of October 2023, it has 94 signatories and 105 parties.

A first stage is a Committee holding on the complaint's admissibility. The CRPD requires "exhaustion
of domestic remedies" (Article 2 of the Optional Protocol). The Committee may also rule a
communication inadmissible if it is anonymous or not sufficiently substantiated. An applicant may
offer substantiation that resort to domestic remedies would be unreasonably prolonged or impossible.

The United Nations Office of the High Commissioner for Human Rights maintains a record of all
individual complaints filed under the Optional Protocol. Several of the communications that were ruled
admissible resulted in comments by advocates and nongovernmental analysts.
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