HUMAN RIGHTS – MODULE: 1 Concept, Definition, Evolution,

Characteristics, Need & Limitations

1. Concept of Human Rights - Human Rights are the basic rights and freedoms which every
person possesses by virtue of being human. These rights ensure dignity, liberty, equality,
and justice for all individuals, irrespective of caste, creed, gender, religion, nationality, or
status.
They are inherent and cannot be taken away arbitrarily.
2. Definitions of Human Rights
1. United Nations: -Human Rights are rights inherent to all human beings, regardless of race,
sex, nationality, ethnicity, language, religion, or any other status.
2. Section 2(d), Protection of Human Rights Act, 1993 (India): - “Human rights” means the
rights relating to life, liberty, equality and dignity of the individual guaranteed by the
Constitution or embodied in international covenants and enforceable by courts in India.
3. Laski: N- Rights are those conditions of social life without which no man can seek to be
himself at his best.
3. Evolution of Human Rights
(a) Ancient Period
•Ideas of justice and rights found in Vedas, Smritis, Arthashastra, Bible, Quran
• Emphasis on dharma, justice, and moral duties
(b) Medieval Period
• Magna Carta (1215): Limited the powers of the King
•Recognised rule of law and personal liberties
(c) Modern Period
• Bill of Rights (1689 – England)
•American Declaration of Independence (1776)
• French Declaration of the Rights of Man (1789)
(d) International Development
• Universal Declaration of Human Rights (UDHR), 1948
• Followed by:

• ICCPR (1966)

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral

treaty adopted by the United Nations General Assembly 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.

This article will give further information about the International Covenant on Civil and
Political Rights within the context of the Civil Service Examination.

The ICCPR also comes under the International Relations Segment of the exam. To
know more about this segment, be sure to visit the UPSC Syllabus page.

International Covenant on Civil and Political Rights:-

Overview of the International Covenant on Civil and

Political Rights
The ICCPR is part of the International Bill of Human Rights, along with the
International Covenant on Economic, Social and Cultural Rights (ICESCR) and the
Universal Declaration of Human Rights (UDHR).

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

The ICCPR had its origins in the same type of process that led to the Universal
Declaration of Human Rights. Early on in the process, the document was split into a
declaration setting forth general principles of human rights, and a convention or
covenant containing binding commitments. The former evolved into the UDHR and
was adopted on 10 December 1948.

Articles of the International Covenant on Civil and Political

Rights
The ICCPR contains about 53 articles divided into 6 parts. Their details are as
follows:

Structure of International Covenant on Civil and Political Rights

Articles of
Details
ICCPR

Article 1 It recognizes the right of all peoples to self-determination, including the right to “freely
determine their political status”, pursue their economic, social and cultural goals, and manage
and dispose of their own resources.
Articles 2 – These articles enable parties to come up with legislation to give effect to the rights recognized
5 in the Covenant, and to provide a legal remedy in case of violation of such rights.
Articles 6 – Article 6 -27 contain rights such as:
27
 Guarantee of physical integrity as in right to life and freedom from torture and slavery.

 Freedom from unlawful arrest, right to habeas corpus and guarantee of individual
liberty and security.

 Fairness in law and its procedure through the rights to due process, fair and impartial
trial, the presumption of innocence.

 Freedoms of moment, thought, religion association, conscience, assembly, right to

privacy and right to a nationality.

 Disallowing propaganda for war and religious purposes as well as advocacy of national
or religious hatred that will result in violence or hostility.
 Political participation, including the right to the right to vote

 Equality before the law, no discrimination on grounds of anyone being a minority or

not.
Articles 28 – These articles establish the guidelines of the Human Rights Committee will operate, as well as
45 the reporting and monitoring of the Covenant.
It also enables the parties to recognise the authority of the committee to resolve
the disputes between parties on the implementation of the ICCPR.
Articles 46 – Articles 46 – 47 states that the provisions of the ICCPR does not mean that parties will
47 interfere with the operation of the United Nations or “the inherent right of all peoples to enjoy
and utilize full and freely their natural wealth”
Articles 48 – Governs ratification, entry into force, and amendment of the Covenant.
53
India and the ICCPR
India is a party to the International Covenant on Civil and Political Rights

The Constitution of India guarantees the Right to Protest, publicly question and force
the government to answer as per Article 19.

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

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

Read about Fundamental Rights enshrined in the Indian Constitution in the linked
article.

What are the Civil Rights Under International

Covenant?
The right to equality between men and women in the enjoyment of their civil and political rights.
The right to life and survival. The freedom from inhuman or degrading treatment or punishment.
The freedom from slavery and servitude.

Which countries have not signed the ICCPR?

11 Countries which have not ratified either of the key covenants—the ICCPR and ICESCR—
include Bangladesh, Burma, the Cook Islands, Fiji, Kiribati, Laos, Malaysia, Pakistan, Papua
New Guinea, Samoa, Singapore, Tonga, Tuvalu, and Vanuatu.

___________________________________________________________________________

• ICESCR (1966)
(e) Indian Context -International Covenant of Economic,
Social & Cultural Rights
The International Covenant on Economic, Social and Cultural Rights
(ICESCR) is a multilateral treaty adopted by the United Nations General
Assembly on 16 December 1966.
The Covenant commits its parties to work toward the granting of
economic, social and cultural rights (ESCR) to its citizens. This includes
labour rights, the right to health, the right to education, and the right to
an adequate standard of living. As of September 2018, the Covenant
has 169 parties including St Helena. A further four countries, including the
United States, have signed but not ratified the Covenant.

The ICESCR (and its Optional Protocol) are part of the International Bill of
Human Rights, along with the Universal Declaration of Human Rights
(UDHR) and the International Covenant on Civil and Political Rights (ICCPR

The Covenant is monitored by the UN Committee on Economic, Social and

Cultural Rights.

History of ICESCR

The ICESCR has its roots in the process that led to the Universal
Declaration of Human Rights. A “Declaration on the Essential Rights of
Man” had been proposed at the 1945 San Francisco Conference which led
to the founding of the United Nations. Early on in the process, the
document was split into a declaration setting forth general principles of
human rights, and a convention or covenant containing binding
commitments. The former evolved into the UDHR and was adopted on 10
December 1948.

Drafting continued on the convention, but there remained significant

differences between UN members in the relative importance of negative
civil and political versus positive economic, social and cultural rights.
These eventually caused the convention to be split into two separate
covenants, “one to contain civil and political rights and the other to
contain economic, social and cultural rights.” The two covenants were to
contain as many similar provisions as possible, and be opened for
signature simultaneously. Each would also contain an article on the right
of all peoples to self-determination.

The State Parties to the present Covenant, including those having

responsibility for the administration of Non-Self-Governing and Trust
Territories, shall promote the realization of the right of self-determination,
and shall respect that right, in conformity with the provisions of the
Charter of the United Nations.

The first document became the International Covenant on Civil and

Political Rights, and the second the International Covenant on Economic,
 Social and Cultural Rights. The draft were presented to the UN General
Assembly for discussion in 1954, and adopted in 1966.

Summary

The Covenant follows the structure of the UDHR and the ICCPR, with a
preamble and thirty-one articles, divided into five parts.

Part 1 (Article 1) recognizes the rights of all people to self-determination,

including the right to “freely determine their political status”, pursue their
economic, social and cultural goals, and manage and dispose of their own
resources. It recognizes a negative right of a people not to deprive of its
means of subsistence, and impose an obligation on those parties still
responsible for non-self-governing and trust territories (colonies) to
encourage and respect their self-determination.

Part 2 (Articles 2-5) establishes the principle of “progressive realization.

It also requires the rights be recognized “without discrimination of any
kind as to race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status”. The rights can
only be limited by law, in a manner compatible with the nature of the
rights, and only for the purpose of “promoting the general welfare in a
democratic society”.

Part 3 (Articles 6-15) lists the rights themselves. These include rights to

 Work, under “just and favourable conditions”, with the right to form and
join trade unions (Articles 6,7 and 8);
 Social security, including social insurance (Article 9);
 Family life, including paid parental leave and the protection of children
(Article 10);
 An adequate standard of living, adequate food, clothing and housing and
the “continuous improvement of living conditions” (Article 11);
 Health; specially “the highest attainable standard of physical and mental
health” (Article 12);

Education, including free universal primary education, generally available

secondary education and equally accessible higher education. This should
be directed to “the

 full development of the human personality and the sense of its dignity”,
and enable all persons to participate effectively in society (Articles 13 and
14);
 Participation in cultural life (Article 15).

Many of these rights include specific actions which must be undertaken to

realize them.

Part 4 (Articles 16-25) governs reporting and monitoring of the Covenant

and the steps taken by the parties to implement it. It also allows the
monitoring body- originally the United Nations Economic and Social
Council- now the Committee on Economic, Social and Cultural Rights- to
make general recommendations to the UN General Assembly on
appropriate measures to realize the rights (Article 21)

Part 5 (Articles 26-31) governs ratifications, entry into force and

amendment of the Covenant.

Core Provisions - Principle of progressive realization

Article 2

Of the Covenant imposes a duty on all parties to

Take steps….. to the maximum of its available resources, with a view to

achieving progressively the full realization on the rights recognized in the
present Covenant by all appropriate means, including particularly the
adoption of legislative measures.

This is known as the principle of “progressive realization”. It acknowledges

that some of the rights (for example, the right to health) may be difficult
in practice to achieve in a short period of time, and that states may be
subjected to resource constraints, but require them to act as best they
can within their means. The principle differs from that of the ICCPR, which
obliges parties to “respect and to ensure to all individuals within territory
and subject to its jurisdiction” the rights in that Covenant. However, it
does not render the Covenant meaningless. The requirement to “take
steps” imposes a continuing obligation to work towards the realization of
the rights. It also rules out deliberately regressive measures which impede
that goal. The Committee on Economic, Social and Cultural Rights also
interprets he principle as imposing minimum core obligations to provide,
at least, minimum essential levels of each of the rights. If resources are
highly constrained, this should include the use of targeted programmes
aimed at the vulnerable
The Committee on Economic, Social and Cultural Rights regards legislation
as an indispensable means for realizing the rights which is unlikely to be
limited by resource constraints. The enacting of anti-discrimination
provisions and the establishment of enforceable rights with judicial
remedies within national legal systems are considered to be appropriate
means. Some provisions, such as anti-discrimination laws, are already
required under other human rights instruments, such as the ICCPR.

Labour Rights

Article 6 of the Covenant recognizes the right to work, defined as the

opportunity of everyone to gain their living by freely chosen or accepted
work. Parties are required to take “appropriate steps” to safeguard this
right”, including technical and vocational training and economic policies
aimed at steady economic development and ultimately full employment.
The right implies parties must guarantee equal access to employment and
protect workers from being unfairly deprived of employment. They must
prevent discrimination in the workplace and ensure access for the
disadvantages. The fact that work must be freely chosen or accepted
means parties must prohibit forced or child labor.

The work referred to in Article 6 must be decent work. This is effectively

defines by Article 7 of the Covenant. Which recognizes the right of
everyone to “just and favourable” working conditions. These are in turn
defined as fair wages with equal pay for equal work, sufficient to provide a
decent living for workers and their dependants; safe working conditions;
equal opportunity in the workplace; and sufficient rest and leisure,
including limited working hours and regular, paid holidays.

Article 8 recognises the right of workers to form or join trade unions and
protects the right to strike. It allows these rights to be restricted for
members of the armed forces, police, or government administrators.
Several parties have placed reservations on this clause, allowing it to be
interpreted in a manner consistent with their constitutions (e.g. China,
Mexico), or extending the restriction of union rights to group such as
firefighters (e.g. Japan).

Right to Social Security

Article 9 of the Covenant recognizes “the right of everyone to social

security, including social insurance”. It requires parties to provide some
form of social insurance scheme to protect people against the risks of
sickness, disability, maternity, employment injury, unemployment or old
age; to provide for survivors, orphans, and those who cannot afford health
care; and to ensure that families are adequately supported. Benefits from
such a scheme must be adequate, accessible to all, and provided without
discrimination. The Covenant does not restrict the form of the scheme,
and both contributory and non-contributory schemes are permissible (as
are community-based and mutual schemes).

The Committee on Economic, Social and Cultural Rights has noted

persistent problems with the implementation of this right, with very low
levels of access.

Several parties, including France and Monaco, have reservations allowing

them o set residence requirements in order to qualify for social benefits.
The Committee on Economic, Social and Cultural Rights permits such
restrictions, provided they are proportionate and reasonable.

Right to Family Life

Article 10 of the Covenant recognises the family as “the natural and

fundamental group unit of society”, and requires parties to accord it “the
widest possible protection and assistance”. Parties must ensure that their
citizens are free to establish families and that

marriage are freely contracted and not forced. Parties must also provide
paid leave or adequate social security to mothers before and after
childbirth, an obligation which overlaps with that of Article 9.

Finally, parties must take “special measures” to protect children from

economic or social exploitation, including setting a minimum age of
employment and barring children from dangerous and harmful
occupations.

Right to an adequate standard of living

Article 11 recognises the right of everyone to an adequate standard of

loving. This includes, but is not limited to, the right of adequate food,
clothing, housing, and “the continuous improvement of living conditions”.
It also creates an obligation on parties to work together to eliminate world
hunger.

The right to adequate food, also referred to as the right to food, is

interpreted as requiring “the availability of food in a quantity and quality
sufficient to satisfy the dietary needs of individuals, free from adverse
substances, and acceptable within a given culture”. This must also
ensure an equitable distribution of world food supplies in relation to need,
taking into account the problems of food-importing and food-exporting
countries. The right to adequate food also implies a right to water. The
right to adequate housing, also referred to as the right to housing, is “the
right to live somewhere in security, peace and dignity”. It requires
“adequate privacy, adequate space, adequate security, adequate lighting
and ventilation, adequate basic infrastructure and adequate location with
regard to work and basic facilities- all at a reasonable cost”. Parties must
ensure security of tenure and that access is free of discrimination, and
progressively works to eliminate homelessness. Forced evictions, defined
as “the permanent or temporary removal against their will of individuals,
families and/or communities from their home and/or land which they
occupy, without the provision of, and access to, appropriate forms of legal
or other protection”, are a prima facie violation of the Covenant.

The right to adequate clothing, also referred to as the right to clothing,

has not been authoritatively defined and has received little in the way of
academic commentary or international discussion. What is considered
“adequate” has only been discussed in specific contexts, such as
refugees, the disabled, the elderly, or workers.

Right to Health

Article 12 of the Covenant recognises the right of everyone to “the

enjoyment of the highest attainment standard of physical and mental
health”. “Health” is understood not just as a right to be healthy, but as a
right to control one’s own health and body (including reproduction), and
be free from interference such as torture or medical experimentation.
States must protect this right by ensuring that everyone within their
jurisdiction has access to the underlying determinants of health, such as
clean water, sanitation, food, nutrition and housing and through a
comprehensive system of healthcare, which is available to everyone
without discrimination, and economically accessible to all.

Article 12.2 requires parties to take specific steps to improve the health
of their citizens, including reducing infant mortality and improving child
health, improving environmental and workplace health, preventing,
controlling and treating epidemic diseases, and creating conditions to
ensure equal and timely access to medical services for all. These are
considered to be “illustrative, non-exhaustive examples”, rather than a
complete statement of parties’ obligations.

The right to health is interpreted as requiring parties to respect women’s

reproductive rights, by not limiting access to contraception or “censoring,
withholding or intentionally misrepresenting” information about sexual
health. They must also ensure that women are protected from harmful
traditional practices such as female genital mutilation.

Rights to health is inclusive right extending not only to timely and

appropriate healthcare but also to the underlying determinants of health,
such as access to safe and potable water and adequate sanitation, an
adequate supply of safe food, nutrition and housing, healthy occupational
and environmental conditions.

Right to Free Education

Article 13 of the Covenant recognises the right of everyone to free

education (free for the primary level and “the progressive introduction of
free education” for the secondary and higher levels). This is to be directed
towards “the full development of the human personality and the sense of
dignity”, and enable all persons to participate effectively in society.
Education is seen both as a human right and as “an indispensable means
of realizing other human rights”, and so this is one of the longest and
most important articles of the Covenant.

Article 13.2 lists a number of specific steps parties are required to

pursue to realize the right of education. These include the provision of
free, universal and compulsory primary education, “generally available
and accessible” secondary education in various forms (including technical
and vocational training), and equally accessible higher education. All of
these must be available to all without discrimination. Parties must also
develop a school system (through it may be public, private, or mixed),
encourage or provide scholarships for disadvantaged groups. Parties are
required to make education free at all levels, either immediately or
progressively; “primary education shall be compulsory and available free
to all”, secondary education “shall be made compulsory and available free
to all”, secondary education “shall be made generally available and
accessible to all by every appropriate means, and in particular by the
progressive introduction of free education, and higher education shall be
made equally accessible to all, on the basis of capacity, by every
appropriate means, and in particular by the progressive introduction of
free education”.

Articles 13.3 and 13.4 require parties to respect the educational

freedom of parents by allowing them to choose and establish private
educational institutions for their children, also referred to as freedom of
education. It also recognises the rights of parents to “ensure the religious
and moral education of their children in conformity with their own
convictions”. This is interpreted as requiring public schools to respect the
freedom of religion and conscience of their students, and as forbidding
instruction in a particular religion or belief system unless non-
discriminatory exemptions and alternatives are available.

The Committee on Economic, Social and Cultural Rights interpret the

Covenant as also requiring states to respect the academic freedom of
staff and students, as this is vital for the educational process. It also
considers corporal punishment in schools to be inconsistent with the
Covenant’s underlying principle of the dignity of the individual.

Article 14 of the Covenant requires those parties which have not yet
established a system of free compulsory primary education, to rapidly
adopt a detailed plan of action for its introduction “within a reasonable
number of years”.

Right to participation in cultural life -

Article 15 of the Covenant recognises the right of everyone to participate

in cultural life, enjoy the benefits of scientific progress, and to benefit
from the protection of the moral and material rights to any scientific
discovery or artistic work they have created. The latter clause is
sometimes seen as requiring the protection of intellectual property, but
the Committee on Economic, Social and Cultural Rights interprets it as
primarily protecting the moral rights of authors and “proclaim the
intrinsically personal character of every creation of the human mind and
the ensuring durable link between creator and creations”. It thus requires
parties to respect the right of authors to be recognised as the creator of a
work. The material rights are interpreted as being part of the right to an
adequate standard of living, and “need not extend over the entire

Lifespan of an author.” Parties must also work to promote the

conversation, development and diffusion of science and culture, “respect
the freedom indispensable for scientific research and creative activity”,
and encourage international contacts and cooperation in these fields.

• Fundamental Rights under Part III of the Indian Constitution

The Fundamental Rights in India enshrined in part III (Article 12–35) of
the Constitution of India guarantee civil liberties such that all Indians can lead their
lives in peace and harmony as citizens of India.[1] These rights are known as
"fundamental" as they are the least essential for all-round development i.e., material,
intellectual, moral and spiritual and protected by fundamental law of the land i.e.
constitution. If the rights provided by Constitution especially the fundamental rights
are violated, the Supreme Court and the High Courts can issue writs under Articles
32 and 226 of the Constitution, respectively, directing the State Machinery for
enforcement of the fundamental rights.

These include individual rights common to most liberal democracies, such as

equality before law, freedom of speech and expression, freedom of association and
peaceful assembly, freedom to practice religion and the right to constitutional
remedies for the protection of civil rights by means of writs such as habeas corpus.
Violations of these rights can also result in punishments as prescribed in
the Bharatiya Nyaya Sanhita, subject to discretion of the judiciary. The Fundamental
Rights are defined as basic human freedoms where every Indian citizen has the right
to enjoy for a proper and harmonious development of personality and life. These
rights apply universally to all citizens of India, irrespective of their race, place of birth,
religion, caste or gender. They are enforceable by the courts, subject to certain
restrictions. The Rights have their origins in many sources, including England's Bill of
Rights, the United States Bill of Rights and France's Declaration of the Rights of
Man.

The six fundamental rights are:

1. Right to equality (Article 14–18)
2. Right to freedom (Article 19–22)
3. Right against exploitation (Article 23–24)
4. Right to freedom of religion (Article 25–28)
5. Cultural and educational rights (Article 29–30)
6. Right to constitutional remedies (Article 32–35)
Rights literally mean those freedoms which are essential for personal good as well
as the good of the community. The rights guaranteed under the Constitution of
India are fundamental as they have been incorporated into the Fundamental Law of
the Land and are enforceable in a court of law. However, this does not mean that
they are absolute or immune from Constitutional amendment.[3]

Fundamental rights for Indians have also been aimed at overturning the inequalities
of pre-independence social practices. Specifically, they have also been used to
abolish untouchability and hence prohibit discrimination on the grounds of religion,
race, caste, sex, or place of birth. They also forbid trafficking of human beings
and forced labour. They also protect cultural and educational rights of ethnic and
religious minorities by allowing them to preserve their languages and also establish
and administer their own education institutions. When the Constitution of India came
into force it basically gave seven fundamental rights to its citizens. However, Right to
Property was removed as a Fundamental Right through 44th Constitutional
Amendment in 1978. In 2009, Right to Education Act was added. Every child
between the age of 6 to 14 years is entitled to free education.

In the case of Kesavananda Bharati v. State of Kerala (1973)[1], it was held by the
Supreme Court that Fundamental Rights can be amended by the Parliament,
however, such amendment should not contravene the basic structure of the
Constitution.

___________________________________________________________________________
 • Protection of Human Rights Act, 1993
The Protection of Human Rights Act, 1993, is a landmark Indian legislation enacted
to safeguard rights relating to life, liberty, equality, and dignity. It established
the National Human Rights Commission (NHRC), State Human Rights
Commissions, and Human Rights Courts to investigate violations, promoting human
rights through statutory mechanisms across the country.

Key aspects of the Act include:

 Establishment of Institutions: It provides for the creation of the NHRC at the
central level and State Human Rights Commissions (SHRC) in various states to
address complaints of rights violations.

 Definition of Human Rights: Defines human rights as those relating to life, liberty,
equality, and dignity guaranteed by the Indian Constitution or embodied in
international covenants enforceable by Indian courts

 Human Rights Courts: Mandates the setting up of specialized courts in every

district for the speedy trial of offences arising from human rights violations.

 Scope & Powers: The Act applies to the whole of India and grants the commission
powers of a civil court to investigate violations, including those involving public
servants.

 Objective: To protect individuals from abuses of power by state bodies and to

enhance awareness and protection of rights.

The Act was passed on January 8, 1994, but came into force retrospectively from
September 28, 1993.

4. Characteristics of Human Rights

1. Universal – Applicable to all human beings
2. Inherent – Exist from birth
3. Inalienable – Cannot be taken away
4. Indivisible – Civil, political, economic, social rights are interlinked
5. Equal and Non-discriminatory
 6. Legally Enforceable – Protected by courts
7. Dynamic – Evolve with time and society

5. Need / Importance of Human Rights

1. To protect human dignity
2. To ensure equality and justice
3. To safeguard individuals from state arbitrariness
4. To promote democracy and rule of law
5. To protect minorities, women, children, and vulnerable groups
6. To maintain peace and social harmony
7. To ensure social, economic, and political development

6. Limitations of Human Rights

1. Not absolute – Subject to reasonable restrictions
2. National security may limit rights
3. Emergency situations (war, emergency) restrict rights
4. Cultural and social differences affect implementation
5. Lack of awareness among people
6. Weak enforcement mechanisms
7. Poverty and illiteracy hinder enjoyment of rights

7. Conclusion
Human Rights are essential for the holistic development of individuals and society. Though
not absolute, they act as a shield against injustice and oppression. Effective enforcement,
awareness, and respect for human rights are vital for a civilized and democratic society.