HUMAN RIGHTS LAW AND PRACTICE

UNIT-I
 HUMAN RIGHTS
Meaning
 Humans are sensible creatures and have certain fundamental, unalienable rights
often referred to as human rights by virtue of being human.
 Human rights are therefore those rights to which every person is entitled simply
by virtue of being a human.
 Since individuals are entitled to these rights by virtue of their own existence, they
take effect the moment they are born.
 Because they are a natural right, human rights belong to everyone, regardless of
caste, creed, religion, sex, or nationality.
 As human rights are inalienable, people cannot exist as humans without them.
These rights are necessary for everyone because they uphold each person's
freedom and dignity and promote their physical, moral, social, and spiritual well-
being.
 All people have the same basic rights, regardless of their gender, color,
nationality, ethnicity, language, religion, or any other distinction.
 Human rights cover a wide range of rights, such as the freedom from slavery and
torture, the right to life and liberty, the freedom of speech, the right to a job and
an education, among many more.
 These rights apply to everyone without exception.
 Human rights, which are usually protected by both domestic and international
law, are moral principles or rules for particular standards of human behavior.
 They are typically considered as unalienable, fundamental that are "inherent in
all human beings" and to which a person is fundamentally entitled just by virtue
of being a human being.
 These necessarily apply no matter who you are, what you believe, or how you
live your life.
 While they can occasionally be curtailed, like as when someone defies the law or
for reasons of national security, they can never be taken away.
 These fundamental rights are founded on universal principles like independence,
fairness, equality, respect, and dignity.
 These principles are outlined and safeguarded by legislation.
 The word "human rights" is a general one that includes social, economic, cultural,
and civil rights as well as civil liberties.
 Thus, it is challenging to provide a specific meaning of the phrase "human
rights."
 Nonetheless, it might be argued that all humans have human rights just by virtue
of being human.
 No one may be denied these rights without committing a serious injustice. The
reason for this is that they might impair human dignity.

Definitions
 The Universal Declaration of Human Rights, 1948 defines Human Rights as-
“Rights derived from the inherent dignity of the human person.”
 The World Conference on Human Rights held in 1993 in Vienna stated in the
Declaration that, “All human rights derive from the dignity and worth inherent
in the human person, and that the human person is the central subject of human
rights and fundamental freedoms.”
 Justice D.D. Basu defines human rights as “Those minimum 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 other consideration.”
 Justice Krishna Iyer observed: “Human rights are writ on a large canvass, as large
as the sky. The law-makers, lawyers, and particularly judge, must make the
printed text vibrant with human values.”
 According to Section 2(d) of The protection of Human Rights Act, 1993, “Human
rights means the right relating to life, liberty, equality and dignity of individual
guaranteed by the constitution or embodied in international covenants and
enforceable by courts in India.”
 According to Susan Moller Okin, “Human Rights as a claim to something of the
crucial importance of human rights”.
 According to Tiber Macham, “Human Rights are universal and irrevocable
elements in a scheme of justice. Accordingly, justice is the primary moral virtue
within human society and all rights are fundamental to justice”.
 According to Joel Feinberg, “Human Rights as moral rights held equally by all
human beings, unconditionally and unalterably”.

Object of Human Rights

 To protect human beings from oppression.
 To promote respect, dignity and understanding.
 Promote social justice and harmony among people and nations.
 To work towards the sovereignty and self-determination of entities with
historical, cultural and ecological identity.

Characteristics of Human Rights

 Human rights are fundamental in nature- These rights are vital and required
because without them, society would be in a terrible situation. There would be
anarchy and chaos everywhere. For people to be lifted up, human rights are
essential.
 Human Rights are Universal- All the people are entitled to human rights and
there is no discrimination. All people have access to these rights equally,
regardless of their many individual distinctions.
 Human Rights are not absolute- Each right has its restrictions, which are
essential for the general well-being, stability, and morality. These freedoms are
restricted.
 Human Rights are Inalienable- Human rights are inalienable in nature. Nobody
can deprive a person of these rights. Moreover, human rights are inalienable
because-
They cannot legitimately be taken away.
They cannot be forfeited or given away.
 Human Rights are Interdependent and Interrelated- Human rights are reliant
on other rights in order to exist. Each one assists in the attainment of a person's
human dignity by meeting his or her requirements for development, bodily well-
being, psychological support, and spiritual fulfilment. A right's fulfilment
frequently depends entirely or partially on the fulfilment of other rights.
 Human Rights are Dynamic in nature- These rights are not fixed in place. They
are adaptable to the current circumstances and settings. As the state's socio-
ecological-cultural and political landscape changes, so do human rights. Judges
must use legal doctrines in ways that are consistent with shifting social norms.
 Human Rights are Irrevocable- No one has the authority to revoke a person's
human rights. These fundamental rights cannot be taken away from a person by
any power or authority. They cannot be taken away by any authority or power
since they are a product of human society and the social essence of man. As a
 result, moral rights and human rights are identical. No government has the
authority to limit or revoke rights that are sacred, untouchable, and unalterable.
 Deeply linked to dignity- These human rights are closely related to the dignity
of those who live in a society. Due to the intrinsic dignity of every human being,
all people are on an equal footing. There shouldn't be any discrimination based
on someone's race, color, ethnicity, gender, age, national origin, language, sexual
orientation, religion, political opinion, wealth, place of birth, or other status. It is
important to uphold people's dignity.
 Human Rights are Indivisible- There is no way to split human rights. Even if
other rights have previously been exercised, they cannot be denied. Because of
this, it is impossible to place human rights in a hierarchy because they all have
equal status. The exercise of one right is generally made more difficult by its
denial. Hence, other rights cannot be sacrificed in order to protect everyone's
right to an appropriate quality of living (such as their right to health or their right
to an education).
 They are similar to moral rights and conscience is valued highly.
 Human rights are inherent- They cannot be taken or lent from any place or
person. There are inherently existing rights.

Importance of Human Rights

 In recent decades, interest in and general understanding of human rights have
increased.
 The Universal Declaration of Human Rights established the benchmark for
success for all people and all states in 1948.
 The following information is pertinent in this regard-
1. Human rights are crucial for the complete development of each person's
personality in society. All the people should have access to them, and they must
be preserved.
2. Sustaining human dignity is the ultimate goal of the government, and human
rights are the foundation of a meaningful existence.
There are a number of countries where basic norms of conduct are not followed.
The awareness of human rights that has resulted from this has also made state
protection necessary.
It has been realized that all laws, whether they are local or international in nature,
should serve to safeguard people in the interest of mankind.
3. Vulnerable populations like women, children, refugees, migrant workers, people
with disabilities, and native Americans are protected under human rights.
4. People's basic necessities, such as access to food, water, clothing, and shelter, are
provided thanks to human rights.
5. Education is made available to everybody thanks to human rights.
6. Human rights provide just and favorable working circumstances and just and
favorable pay, ensuring for the individual and his family a life deserving of
human dignity.
7. People are able to speak up when they encounter mistreatment and corruption
because to the idea of human rights. No society is flawless, which is why certain
rights, like the freedom to assemble, are so important. The idea of human rights
gives people authority and conveys to them that society, including the
government and the workplace, owes them a certain amount of decency.
8. Freedom of speech and expression are promoted by human rights
9. While similar to what you just read, speaking openly without worrying about
harsh retaliation is more expansive. Although it includes concepts and modes of
expression that not everyone will appreciate or find acceptable, nobody should
ever feel threatened by their government.

Classification of Human Rights

 There are not many different types of human rights because they are inherent and
dependent on one another.
 All the people have these fundamental rights regardless of their age, sex, caste,
creed, color, religion, geography, or nationality.
 They are all equally vital and inalienable. Although the Universal Declaration of
Human Rights only stated two categories of human rights and merely listed them
in various articles.
 However, later advancements in the area of human rights made under the United
Nations system have demonstrated that there are two different categories of
human rights, namely-
1. Civil and Political Rights
2. Economic, Social, and Cultural Rights.

1. Civil and Political Rights

 The preservation of one's right to life and personal freedom is referred to as
having civil rights, often known as liberties. These are necessary for a person in
order to live a life of dignity also called as First-Generation Rights.
 These rights include the freedom from torture and inhuman or degrading
treatment, the right to life, liberty, and security of persons, the right to one's own
home and communication, the right to possess property, the freedom of opinion,
conscience, and religion, and the freedom to travel around.
 Political rights could be defined as those that let a person to take part in a state's
government. Hence, the right to vote, the right to be elected in legitimate periodic
elections, and the ability to participate in public affairs either directly or through
representatives of one's choosing are examples of political rights.
 It does not seem reasonable to separate between civil and political rights because
they are interconnected and intertwined while having different natures.
 This justification alone prompted the creation of the International Covenant on
Civil and Political Rights, a single covenant that protects both civil and political
rights.
 These rights, which belong to the first generation, are principally based on
reformist beliefs from the seventeenth and eighteenth centuries that are linked to
the English, American, and French revolutions.
 The rights that can be referred to as negative rights are civil and political rights,
commonly known as "freedom from" rights because a government is expected to
refrain from doing actions that would violate them.
 These rights specifically shield people from being subjected to crimes including
murder, torture, harsh or unusual punishment, ex post facto legislation, denials
of habeas corpus, and incarceration without a fair trial.
 The fact that these rights can be fully and immediately realized without incurring
considerable fees is noteworthy.
 Articles from the first part of the Universal Declaration of Human Rights apply
to civil and political rights.
 They assert that individuals must be given the freedom to engage in civil and
political life without fear of persecution or prejudice.
 The majority of civil and political rights are about protection from specific things,
such slavery and torture, while economic, social, and cultural rights are defined
as rights that a person is entitled to.
 Rights like the following are outlined in documents like the International
Covenant on Civil and Political Rights-
1. The Right to be free from discrimination is infringed upon when characteristics
such as race, gender, or religion are used to justify actions like being fired from
a job.
2. The right to life, which is infringed upon by acts such torture death, carelessness,
and use of force.
3. Restricting access to ideas and press freedom infringes on the right to freedom
of expression.
4. The Right to Privacy as violation of a person's right to privacy when someone
looks into their private information or life.
5. The Right to Asylum- Deporting a person to a nation where their lives are in
danger violates their right to refuge.
6. A biased court and lengthy proceedings infringe on the Right to a fair trial and
due process.
7. When someone is penalized or coerced into converting to a different faith, their
Right to freedom of religion is infringed.

2. Economic, Social, and Cultural Rights

 Economic, social, and cultural rights, also known as the "freedom to," are tied to
ensuring that people have access to the bare requirements of existence and are
also called as Second-Generation Rights.
 Human existence is likely to be in risk in the absence of fundamental rights. This
category of rights includes the right to appropriate housing, food, clothes, and
other necessities of life as well as the freedom from hunger, the right to work, the
right to education, and the right to social security.
 The International Covenant on Economic, Social, and Cultural Rights includes
these rights.
 These rights (also known as positive rights) demand for active action on the part
of States, not their abstention.
 These are counterpart to the first-generation rights and conceived more in
positive (right to) than negative (freedom from) terms.
 The idea of social equality serves as the cornerstone upon which the economic,
social, and cultural rights associated with the Russian Revolution are established.
 These rights, often known as the rights of the second generation, have been
relatively slowly realized.
 These are not evident as explicit rules, rather as basic ideas. However, they have
started to mature.
 Other types of rights, such as the right to economic and social development, the
right to a healthy environment, the right to self-determination, the right to natural
resources, or the physical protection of the group as a whole through the
prohibition of genocide, may be enjoyed by individuals collectively in addition
to the categories mentioned above. These are known as collective rights.
 Although it might be challenging to distinguish between individual and collective
rights, it is possible to say that whereas individual rights belong to each member
of a group, collective rights do not belong to any one individual.
 They can be taken pleasure in by many people at once. Third generation rights
are the name given to these rights.
 Several of these rights are not codified in papers with legal force.
 The following two sets of rights are closely related even though the United
Nations has recognized them in two different Covenants.
 The developing world, in particular, has come to the correct realization that
social, economic, and cultural rights are essential for the fulfilment of civil and
political rights.
 As a result, both categories of rights are crucial, because without civil and
political rights, economic, social, and cultural rights cannot be fully realized, and
vice versa.
 The International Human Rights Conference, which was held in 1968 and whose
final proclamation stated that since human rights and fundamental freedoms are
inseparable, it is impossible for civil and political rights to be fully realized
without the enjoyment of economic, social, and cultural rights.
 Therefore, it recognized the relationship between the two categories of rights.
 The General Assembly reaffirmed in 1977 that all human rights and fundamental
freedoms are interconnected and indivisible, and that they should be
implemented, promoted, and safeguarded with the same urgency as economic,
social, and cultural rights.
 The resolution further declared that people's social and economic rights are
attained via the exercise of their civic and political rights.
 Again, emphasizing that there is no distinction between the two sets of rights, the
Vienna Conference of 1993 declared that all human rights are universal,
indivisible, interdependent, and interrelated.
 The international community must regard human rights equally, fairly, and with
the same focus throughout the world.
 The right to work, the right to food and water, the right to housing, and the right
to education are all examples of economic, social, and cultural rights.
 These rights are safeguarded through agreements like the International Covenant
on Economic, Social, and Cultural Rights, which was formed in 1976.
 The economic, social, and cultural rights of particular populations are protected
by conventions like the Convention on the Rights of the Child.
 Economic, social, and cultural rights must be protected, promoted, and carried
out by the state just like all other categories of human rights. In this category,
specific instances include-
1. The right to work in a secure setting for a reasonable salary
2. Access to healthcare, including mental health treatment
3. Access to affordable education
4. The privilege of having enough to eat, wear, and live in.
5. The right to clean water and inexpensive sanitation.
6. Participation in cultural life is a right.
7. The right to benefit from advancements in science.
8. Social security rights.

Sources of Human Rights

 The following are some of the many sources from which international human
rights law is derived-
1. International Treaties and Conventions- The most significant sources of
international human rights legislation are treaties. Several international human
rights accords are now in effect and have legal force for the States that are parties
to them.
 Contracts between nations are known as international treaties. They impose
reciprocal responsibilities on the states that are parties to any given treaty and are
legally enforceable (states parties).
 Human rights treaties are unique in that they set responsibilities on states
regarding how they should treat all people under their control.
 The names "covenant," "convention," and "protocol" are all used to refer to
international human rights treaties, but what they all have in common is that the
nations parties voluntarily agree to be bound by its provisions.
 The United Nations Charter, which is obligatory on all nations and creates at least
broad duties to respect and advance human rights, is the most significant of these.
 Other multilateral human rights agreements, such as the European Convention
on Human Rights, the American Convention on Human Rights, and the African
Charter on Human and People's Rights, are regional agreements that are also
legally binding on the contracting States and are therefore, the sources of
obligations for the parties.
 In addition to the Charter, a number of other multilateral human rights
agreements have been reached under the auspices of the United Nations and its
specialized agencies.
2. International Customs- Some international human rights have become part of
customary international law as a result of widespread observance by States, and
as a result, they are binding on all States regardless of whether they have given
their express permission.
 The 1987 Restatement (Third) of the United States Foreign Relations Law holds
that at least certain fundamental human rights are protected by customary
international law.
 International human rights legislation heavily relies on customary international
law.
 The phrase "general practice recognized as law" appears in the Statute of the
International Court of Justice. The "general practice" must indicate a broad
consensus in terms of content and applicability, resulting from a perception that
the practice is required, in order to be recognized as international customary law
(opinio juris et necessitatis).
 One of the key characteristics of customary international law is its potential to
give rise to universal jurisdiction or application, allowing any national court to
hear extraterritorial claims made under international law under certain situations.
 A State violates international law if, as a matter of State policy, it engages in
genocide, slavery, the killing of people, torture or other forms of cruel, inhuman,
 or degrading treatment or punishment, prolonged arbitrary detention, systematic
racial discrimination.
 Though the above list may not be exhaustive and others may disagree with the
rights listed above as having acquired the status of customary rule of international
law.
3. Judicial Decisions- The rulings of the various courts and tribunals are taken into
consideration while formulating the laws governing human rights problems.
 Even though the International Court of Justice hasn't done much in this area,
there's no denying that some cases might fall under its purview.
 Since the Lawless case was decided in 1960, the regional court known as the
European Court of Human Rights has successfully resolved several cases.
 A protracted discussion about the growing caseload led to the establishment of a
new European Court of Human Rights on November 1, 1998.
 Although the Inter-American Court of Human Rights has heard a few cases, the
American Convention's case law is still in its infancy.
 Municipal court rulings on human rights problems have contributed
extraordinarily in the development of international Human rights law.
 In addition to judicial rulings, the judgements of the arbitral bodies, whose role
it is to resolve complaints of human rights abuses under different treaties, are also
helpful in determining the laws that apply to international human rights.
4. Authentic Documents- There is a huge load of documentation about human
rights issues in official United Nations documents and those published by its
subsidiary organizations.
 The collaborative work carried out under the aegis of the international
organizations, as well as that published in the Human Rights Law Journal,
Human Rights Review, and European Law Review, is of great value.
 Numerous national and international institutions support the safeguarding of
human rights.
 Additionally, numerous acts performed by the United Nations and other
international organizations have backed particular initiatives to defend human
rights.
 It should be highlighted that treaties and customs rank as the most significant of
the aforementioned sources.
 Human rights duties are ultimately only enforceable by them. Yet, "morality,
fairness, ethics" or a simple respect for human dignity serve as the foundation for
these commitments.
5. International Instruments- Despite the fact that they are not legally binding on
the States, a significant number of international declarations, resolutions, and
recommendations pertaining to human rights have been adopted under the
auspices of the United Nations.
 These documents have established widely acknowledged standards in connection
with human rights issues.
 The most significant of them is the Universal Declaration of Human Rights,
which was adopted in 1948 and has the moral authority or political heft to
influence government leaders to uphold human rights norms.
 Some of the rights mentioned therein have taken on the status of an international
legal custom.
 The commitment of the world community also has its roots in the declarations
made at the Vienna Conference in 1993 and the Tehran Conference in 1968.

Difference between Legal Rights and Human Rights

 Legal rights are those that a specific person is entitled to enjoy legally as enacted
by the state or government, whereas human rights stress the universal rights that
anybody can enjoy.
 For someone to live a peaceful and just life, they must be aware of their rights as
an individual and as a citizen of a certain nation. It is significant to highlight that
while legal rights fall under state law, moral and human rights are governed by
natural law.
 The legal right is one that the legal system has recognized and safeguarded.
 Two crucial components make up a legal right- the right's holder and the person
who is subject to its obligations.
 Only legal people have the ability to hold legal rights and be subject to
obligations.
 So, every right entails a connection between two or more legal persons because
rights and obligations are correlated, a person cannot have one without the other.
 Human rights are a property of humans, and the state has a responsibility to
uphold those rights.
 According to Article 2 Para 1 of the Declaration of the Human Rights Defenders
adopted by the General Assembly on December 9, 19983 each State has the
primary responsibility and duty to defend, promote, and implement all human
rights by taking the appropriate steps such as legislative, administrative, and
other measures.
 Additionally, the 1966 adoption of the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social, and
Cultural Rights stipulated in the Preamble that States must work to advance the
respect for and observance of human rights on a global scale and implied that
such rights are legal rights.

Evolution and Development of Human Rights

 According to historical evidences, there have been several instances of basic
human rights being recognized in both national and international contexts.
 They have also influenced and inspired contemporary human rights law. The next
section discusses several crucial developments in this area.
 Cyrus Cylinder
 This historic document, The Cyrus Cylinder, is now acknowledged as the first
human rights charter in history.
 The first monarch of ancient Persia, Cyrus the Great, overthrew the city of
Babylon in 539 B.C.
 He established racial equality, emancipated the slaves, and proclaimed
everyone's right to practice any religion they so choose.
 These and other laws were written in the Akkadian language and cuneiform script
on a baked clay cylinder.
 Code of Hammurabi 1792-1750 BC
 The Hammurabi Code might be viewed as barbaric. It is among the earliest
lengthy legal documents that have been decoded.
 The code deals with contractual concerns, prerequisites for legal transactions,
and problems with domestic and familial connections.
 However, one may see the value placed on people and property as an effort to
respect human interests.
 Edicts of Ashoka - 268 BCE to 232 BCE
 Edicts of Asoka play a more significant role in the context of establishing it as
wider law within the domain of his Kingdom than any other tool in recorded
history.
 These edicts are still in effect today in the nations that Asoka controlled,
including Afghanistan, Bangladesh, Pakistan, Nepal, and India. Asoka used them
to spread the word throughout his empire.
 These edicts specify how captives should be treated, proper conduct, and
consideration for animals and other living things. In some cases, these decrees
are a direct reflection of contemporary human rights thought.
 Magna Carta, 1215
 The Magna Carta, which enumerates what subsequently came to be regarded of
as human rights, was forced upon King John of England in 1215 after he broke a
number of norms by which England had been ruled.
 They included the freedom of the church from state control, everyone's right to
property ownership and inheritance, and immunity from onerous taxation.
 In addition to establishing due process and equality before the law, it also
established the right of property-owning widows to decide whether or not to
remarry.
 Additionally, it included clauses outlawing governmental misconduct and
bribery.
 Both the Habeas Corpus Act (1679) and the Petition of Right (1628) were
early examples of the English legal system's acknowledgement of human rights.
 Kingdom of Leon in Spain (1188) confirms the inviolability of life, honour,
home, and property as well as the rights of an accused to a trial and the rights of
the assembly.
 The Golden Bull (Aranybulla, 1222) in Hungary, which was issued under King,
recognized the "Hungarian Nation" and established the rules for an annual Diet
session. The nobles insisted on the publication of the document, which is
regarded as the first written constitution in Hungary, in order to protect their
rights.
 The final clause of the Golden Bull guarantees people's freedom to defy royal
orders that are against the law, effectively establishing a constitutional monarchy.
 American Revolution (1765-1791)- The Declaration of Independence was
passed by the US Congress on July 4, 1776. The Declaration was mostly written
 by Thomas Jefferson and served as a formal justification for Congress's decision
to declare independence from Great Britain on July 2.
 The States later approved the U.S. Constitution's Bill of Rights (1791).
 French Revolution (1789-1799)
 The growth of Enlightenment principles, which were influenced by a select group
of intellectuals, led to the start of the French Revolution in 1789.
 The codification of moral rights into French law was the outcome of a chain of
events akin to the American Revolution.
 In order to make the transition from absolute monarchy to a type of constitutional
or representative government, the French National Assembly wrote the
Declaration of the Rights of Man and the Citizen in 1789.
 Additionally, the French Declaration cited Enlightenment ideals like popular
sovereignty, equality of rights, and fair opportunity.
 Numerous ideas from the influential book by the philosopher Jean-Jacques
Rousseau and his work were also included in the French Declaration.
 Initial Developments
 The Thirty Years War between Protestant and Catholic regions of Europe came
to an end on October 24, 1648, with the signing of the Articles of the Treaties of
Peace in Munster and Osnabruck in Westphalia. The agreement guaranteed trade,
mobility, and religious freedom.
 The Vienna Congress (1814–1815) recognized that religious intolerance might
endanger global peace and security. As a result, the participating states vowed to
uphold religious equality and ensure that every group would receive the same
level of protection and favor.
 International Labour Organization
 One of the specific organisations that concentrated on individual rights at the start
of the 20th century was the Intentional Labour Organisation.
 The International Labour Organisation (ILO) had approved forty agreements by
the time 1933 rolled around, covering topics including forced labour, freedom of
association, minimum age at sea, forced labour, maternity leave, and
circumstances for women and children working at night.
 The first convention to offer legally binding assurances was the 1933 Convention
on the Nationality of Women.
 The Inter-American Convention on the Granting of Political Rights to Women
(1948) and the Inter-American Convention on the Granting of Civil Rights to
 Women (1948), both of which came after it and were more than 30 years earlier
than the UN treaty action, respectively, came next.
 UN Human Rights Change
 The Atlantic Charter declared freedoms in August 1941. Furthermore, the right
to self-determination was declared in the Charter.
 In the Declaration of the 26 United Nations on January 1, 1942, these ideals were
reiterated.
 Prior to and during World War II, Conferences of the American States expressed
their concern for human rights in a greater number of resolutions such as
Humanization of War in 1936, Persecution for Racial or Religious Purposes in
1938 and International Protection of the Fundamental Human Rights in 1945.
 From the Preamble to the Conclusion, the UN Charter makes more than a dozen
allusions to human rights. Cooperation in fostering respect for everyone's
fundamental freedoms and human rights is one of the United Nations' core
missions.

Basis of Human Rights

 Different theories have emerged as a result of the differing perspectives held by
jurists about the topic of the foundations for human rights. Leading among them
are the following:
1. Natural Law Theory
 Ancient philosophers and intellectuals held the belief that natural law, often
known as Divine law, which is revealed in eternal law, is the source of human
rights.
 Law of reason, moral law, common law, universal law, or unwritten law are under
this head. God or reason are the sources of natural law.
 Natural law was seen by the Greeks as having a tight connection to both justice
and ethics.
 Therefore, it was seen by the Greeks as a set of binding laws that nature, the
personified universe, imposed onto people.
 The idea of natural law was represented in the writings of thinkers like Aristotle,
Cicero, Gaius, and others.
 Later, Christian Fathers asserted that natural law has a divine foundation,
expanding its scope. They claim that St. Paul endorses their doctrine.
 According to him, God's will and wisdom are the governing principles of the
universe. Thomasius further asserted that natural law is a divine law that is
inscribed in everyone's heart.
 Romans used the natural law principle to create a body of laws governing the
administration of justice. According to the Romans, natural law is the
unchangeable, all-encompassing component of civil law.
 The Stoic theory was a decorative element added to ancient Roman writings. As
a result, it is generally acknowledged that the Greco-Roman natural law
teachings of Stoicism are where the idea of human rights originated. Thus, there
is a spiritual foundation to the doctrine of natural law.
 It is obvious how natural law influences the conception of natural rights. A
natural right is an interest that is acknowledged and safeguarded by a natural
justice law.
 It was a set of values that outweighed positive law. They developed from a man's
basic nature.
 The Declaration of Rights (Virginia) of 1779, the Bill of Rights (England) of
1689, and the Declaration of Independence (U.S.A.) of 1776 all contain
references to the idea of inherent rights.
 Several arguments have been made against using natural law as the foundation
for human rights.
 First of all, since all rights are created by law and are legal in nature, and as
natural rights are products of natural law, they are metaphors.
 Second, according to the natural law idea, what is natural is inherent, universal,
or unchanging. But there are several perspectives on what constitutes natural.
 As a result, it is unclear what the law of nature actually means. It has been defined
differently by different jurists in terms of morality, religion, and reason, making
it such a muddled idea that, if it were to be enforced, it may cause confusion.
 However, it must be acknowledged that the development of human rights law has
been significantly affected by the law of nature. If it is stated that human rights
law was initially established on the premise that its norms stem from the law of
nature, there can be no room for doubt.
2. Social Utility Theory
 The social utility theory is another one that has been put up as the foundation for
human rights.
 According to the theory, an individual's utility (or interests) reflects the complete
amount of his happiness, and a community's utility (or interests) represent the
total sum of happiness of the individuals who make up that community.
 According to the social utility theory of human rights, those rights are legitimate
human rights since they tend to promote a person's overall happiness.
 Human rights are therefore those that form the general and lasting conditions of
happiness for all people.
 The aforementioned argument does not seem to be valid since it fosters the
misconception that a community's interest is necessarily served by the happiness
of the individuals who make up that community, which is untrue.
 To believe there is a necessary connection between an individual's pleasure and
the happiness of the community is an illusion. In other cases, social utility may
even directly contradict with human rights.
 It should be highlighted that a person's status as a human being serves as the
foundation for human rights. Because he is a rational person, the individual's
existence must include freedom and well-being in all spheres.
 These elements are necessary for a person to live a decent life and also because
they make him happy. Consequently, the foundation of human rights is happiness
and freedom.

Impact of Natural Law and Natural Rights

 The natural law and natural rights tradition, which first appeared in the 17th and
18th centuries, contends that human reason can identify the natural laws that
govern the world.
 This intellectual tradition places a strong emphasis on the idea that governments
do not create natural rights.
 The notion that all people are created equally and are endowed with the same
natural rights that may be enshrined in law dates back to the dawn of human
civilization.
 It is steeped in history and is linked to individual struggles against injustice. The
idea that a person has some fundamental, unalienable rights in comparison to a
sovereign State has its roots in the concepts of Natural Law, even though the term
"human rights" is relatively new.
 Ancient Greece is where the idea of Natural Law first emerged.
 According to this theory, a person's rights derive from nature and cannot therefore
be granted or delegated by the political authorities.
 Since morality is a fundamental tenet of Natural Law, there is a strong
relationship between the law and morality.
 Many ancient Greek thinkers advocated the notion of a state centered on equality
for all of its citizens deriving from the law of nature.
 'Natural rights' thesis was first put forth by Thomas Hobbes. On the subject of
human equality, he takes Aristotle's stance, saying that: "The question of which
man is a better man has no place in the condition of mere nature, where (as has
been demonstrated before) all men are equal."
 The laws civil have brought about the disparity that exists today.
 Thomas Hobbes (1588 – 1679), John Locke (1632 – 1704), and Jean-Jacques
Rousseau (1712 – 1778) developed the Natural Rights idea during the 18th
century’s ‘Age of Enlightenment.’
 Two sorts of natural rights are separated, and they are discussed below-
1. Inalienable rights are characteristics of humanity that form the basis of moral
interactions between individuals. These are rights that cannot ever be revoked.
They are inescapable elements of humanity and the cornerstone of moral
interactions between individuals.
2. Alienable rights- The field of property law is where the word "alienate"
originated. It alludes to the action of moving something. In general, we constantly
alienate our property rights through sales and donations.
 The following is a list of the rights that fall within the category of natural rights-
 Right to Life- No one, under any circumstance, has the right to deny another
person their right to survive. This privilege includes the right to defend yourself
from those who would harm you. Most philosophers agree that the most
fundamental natural right is the right to life.
 Right to Liberty- Each and every person has the right to live in freedom. They
have the freedom to move around (which includes the freedom from
impermissible detention) and the freedom to think for themselves. Some contend
that the right to personal liberty includes the right to privacy, which is a natural
right.
 Right to Freedom of Religion- Everybody is free to select a religion and
develop a relationship with it. The United States Bill of Rights and Aquinas'
works both uphold the freedom of religion. Aquinas wrote The Right to Know
 God, and the Bill of Rights guarantees that Americans are free to practise their
religion without interference from the government.
 Right to Property- Every person has the right to own property, whether they do
so alone or with others. According to some philosophers, including John Locke,
the right to possess property also encompassed the right to own one's own labour.
 UNIT-II
INTERNATIONAL HUMAN RIGHTS LAW
 As they are universal and apply to every person, human rights are international in nature.
Human rights legislation primarily pertains to the duties that States have towards the people
under their control.
 International obligations arise when States fail to guarantee the realization of human rights to
the people under their control.
 Human rights duties are therefore mostly intra-national and, in some situations, international
in nature.
 Human rights law exists to guarantee that people are shielded from the excesses of States and
governments.
 A State is required by human rights legislation to refrain from harming its own citizens or any
people who are subject to its territorial jurisdiction.
 Consequently, a State is not permitted to treat its citizens however it sees fit even if it is
sovereign.
 The biggest effect of human rights law has been to diminish the degree of state authority that
existed throughout the classical era.
 Because State Sovereignty, a cornerstone of international law since its founding in the
seventeenth century, proved to be a roadblock in attempts to impose international legal
obligations upon States to protect individuals.
 Human rights issues were seen to be totally within each State's domestic authority and wholly
unsuited for regulation by international law during the nineteenth and early twentieth
centuries, when the theory of State sovereignty persisted.
 The idea of state sovereignty was viewed as being under attack by international human rights.
 The elimination of slavery and the protection of minorities were two significant exceptions to
the aforementioned rule.
 It was also important to consider the founding of the International Labour Organisation in
1919 and its ongoing operations.
 The League of Nations hold the adoption of the International Slavery Convention in 1926.
 Although the League of Nations' Covenant, which was adopted at the end of World War I, was
silent on the subject of human rights, it did promise to uphold the rights of minorities and
subject peoples under the mandate system, which provided support for their political
development.
 The Institute of International Law published a proclamation of the rights of the man against
the State in 1929 as a result of the realization of the value of the human personality.
 Instead of listing human rights, it established six obligations for states, including-
1. To acknowledge that everyone has the right to life, liberty, and property, and to provide
everyone within its borders with complete protection of that right without regards to their
nationality, sex, race, language, or religion.
 2. To acknowledge that everyone has the freedom to freely exercise any faith, religion, or
belief in both public and private.
3. To acknowledge that each person has the right to the free use of the language of his or her
choice as well as the right to taught language to others.
4. To acknowledge that no state deny private or public rights to any of its citizens for any
reason that is directly or indirectly based on gender, race, language, or religion.
5. To understand that the equality as it is envisioned in this document is not merely theoretical;
rather, it is intended to be real.
6. To acknowledge that, other than for reasons based on its general laws, no State shall have
the power to revoke citizenship from persons, due to factors like sex, colour, language, or
religion, it should not deprive of the protections envisioned in this proclamation.
 The declaration did not impose any obligations on the States because it was the members of
the Institute's will.
 However, it established a standard of behavior for all nations towards all men, including their
own citizens. The declaration could be seen as the first step towards making human rights
universal.
 The serious human rights violations in Europe during World War II marked a turning point for
the traditional approach to international law.
 Shocking atrocities against humanity were committed during World War II, and basic human
rights were completely suppressed.
 Germany's Nazi leaders had erected a totalitarian and lawless system. They had brutally
rejected human principles and dignity within the occupied territory.
 They had brutally rejected human principles and dignity within the occupied territory. The
argument in favor of unfettered sovereignty was contested, and many authors held the opinion
that it was subject to some restrictions with regard to human rights and not an absolute
principle.
 At that time, it became clear that one of the prerequisites for the development of global peace
and security is the restoration of individual liberties and rights.
 Human rights violations were seen as a catalyst for international conflict, and the preservation
of human rights was seen as essential to maintaining world peace.
 President Franklin D. Roosevelt's proclamation, which was made on January 6, 1941, called
as ‘Four Freedoms’-
1. Freedom of speech.
2. Freedom of religion.
3. Freedom from want.
4. Freedom from fear.
 Individual well-being was correctly acknowledged as the ultimate objective, which might be
attained through the aforementioned freedoms.
 Even while World War II was still going on, efforts were being undertaken to build an
international organization to bring about peace.
 Before the United Nations formation in 1945, a lot of conferences and meetings were
conducted. The value of human rights was emphasized in numerous declarations that were
accepted by the conferences.
 The Joint Declaration published in the Atlantic Charter, a declaration signed by British Prime
Minister Winston Churchill and American President Franklin D. Roosevelt, on August 14,
1941.
 The Atlantic Charter treasured the dream of a world at peace that would guarantee that every
man might live out his days without fear or lack.
 The word "human rights" was first used in a document that was signed on January 1, 1942 in
Washington, known as the Declaration of the United Nations.
 The Axis Powers' (consisted of Germany, Italy, and Japan, along with Albania, Bulgaria,
Finland, Hungary, Romania, and Thailand) enemies who signed this manifesto understood the
importance of "preserving human rights and justice in our land as well as in other lands."
 When the Declaration said that one of the desired outcomes of the victory against the Axis
was to be the protection of human rights in all countries, it reaffirmed the values of the Atlantic
Charter.
 On October 30, 1943, at the Moscow Conference, a Declaration was adopted that said that
each individual German would be held accountable for any violations of international law.
 On August 8, 1945, they ratified the Agreement for the Trial and Punishment of the Major War
Criminals of the European Axis.
 The question of individual responsibility for war crimes and crimes against humanity was
explicitly highlighted by the Nuremberg Charter.
 The promotion of human rights was only briefly mentioned in the Dumbarton Oaks proposals
as one of the duties of the proposed General Assembly and the Economic and Social Council,
which would function under it.
 With the end of World War II and the establishment of the United Nations, human rights
therefore became a topic of concern for nations around the world.
 Since that time, international human rights law has been developing in a manner that is
unprecedented and has become a very substantive part of international law. The different UN
agencies and intergovernmental groups safeguard human rights even though there isn't a single
global government to do so.
 The branch of international legislation known as international human rights law (IHRL) aims
to advance human rights at the social, regional, and national levels.
 International human rights law is primarily composed of treaties, which are agreements made
between sovereign governments and designed to have legal force between the parties that have
agreed to them, as well as customary international law.
 While not having legal force, other international human rights instruments support the
application, comprehension, and advancement of international human rights legislation and
have been acknowledged as a source of political obligation.
 Despite the fact that the two areas of law are complementary and occasionally overlap,
traditionally, international human rights law is seen as distinct from international humanitarian
law (law of war or law of armed conflict), which governs a state's behavior towards its citizens
in times of armed conflict.
 IHL, or international humanitarian law, is a function of international human rights law and
includes general standards that apply to everyone at all times as well as specialized standards
that apply to specific situations like armed conflict involving both state and military
occupation or to specific groups of people including refugees (e.g., the 1951 Refugee
Convention), children (the Convention on the Rights of the Child), and prisoners of war (the
1949 Third Geneva Convention).
HUMAN RIGHTS AND UNITED NATIONS
 The League of Nations was replaced by the UN, which was created after World War II with
the goal of averting future global conflicts.
 50 nations gathered in San Francisco for a summit on April 25, 1945, and began drafting the
UN Charter, which was approved on June 25, 1945.
 When the UN started functioning on October 24, 1945, the charter went into effect.
 According to the organization's charter, its goals include respecting international law,
defending human rights, giving humanitarian help, and upholding international peace and
security.
 The UN had 51 members at its founding but by now, 193 sovereign states have joined it.
 Many delegates at the San Francisco Conference advocated for the UN to create an
international bill of rights.
 Even though that was impossible, the members were well aware that the international
community should work together to end the scourge of war, and as a result, they were
determined that the promotion and respect for human rights, which are currently so significant
and prominent, be incorporated into the U.N. Charter.
 As a result, the Preamble, Articles 1, 13(1)(b), 55, 56, 62(2), 68, and 76(c) of the Charter
included the following provisions for the advancement of human rights and basic freedoms-
1. The Preamble of the Charter states that- We the people of the United Nations determined to
reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in
the equal rights of men and women and of nations large and small.
2. According to Article 1 (Purpose of United Nations) of the Charter, one of the goals of the
United Nations shall be to achieve international cooperation in promoting and supporting
respect for fundamental freedoms and human rights for all without distinction on the basis of
race, sex, language, or religion. It signaled the beginning of human rights' universal and
worldwide recognition.
3. The role of implementing the promotion of human rights and fundamental freedoms was
delegated to the General Assembly and the Economic and Social Council. According to
Article 13 (Chapter IV General Assembly) , the General Assembly has the authority to
conduct studies and offer suggestions in order to support the fulfilment of fundamental
 freedoms and human rights for all people without regard to their race, sex, language, or
religion.
The Third Committee of the Assembly (Social, Humanitarian, and Cultural Committee) is
responsible for debating the majority of human rights-related matters, but other matters may
be referred to other committees, such as the Sixth Committee (Legal), the First Committee
(Political and Security), or the Special Political Committee.
In order to address concerns pertaining to particular human rights, the Assembly has also
formed subsidiary bodies, such as the Special Committee on Decolonization, the Special
Committee on Apartheid.
4. According to Article 55 (Chapter IX International and Economic Cooperation), the UN
shall work to advance the following-
a. Higher living standards, full employment, and conditions for economic and social progress
and development.
b. Solutions to global issues relating to the economy, society, and health.
c. International cooperation in the arts and in education.
d. Universal respect for and observance of human rights and fundamental freedoms for all
without distinction based on race, sex, language, or religion.
5. According to Article 56, the United Nations' members agreed to cooperate with the
Organization to take both joint and individual action in order to fulfil the goals outlined in
Article 55.
6. The Economic and Social Council was given the authority to "make recommendations for the
purpose of promoting respect for, and observance of, human rights and fundamental freedoms
for all" under Article 62 (Chapter X The Economic and Social Council) of the Charter.
7. Article 68 instructed the Council to establish commissions in the sectors of economics, social
policy, and human rights advocacy, as well as any other commissions that may be necessary
for the Council to carry out its duties.
The subsidiary organizations of the Economic and Social Council are the Commission on
Human Rights and the Commission on the Status of Women.
8. One of the fundamental goals of the trusteeship system, according to Article 76 (c) (Chapter
XII International Trusteeship System), is to promote respect for fundamental freedoms and
human rights for all people without regard to their race, sex, language, or religion. It also aims
to promote understanding of the interdependence of all peoples.
 In addition to the aforementioned clauses, the concept of "fundamental human rights," "the
dignity and worth of the human person," "equal rights," "justice," "social progress," and
"fundamental freedoms" have all been mentioned numerous times in the Charter.
 The right of peoples to self-determination was included in three Chapters of the Charter.
 The aforementioned Charter clauses make it very obvious that how a State treats its own
population is a topic of concern on a global scale.
 By gaining their own rights, people grew to be the center of attention on a global scale.
 All member States are obligated to encourage the upholding of fundamental human rights
without discrimination.
 It was the Charter that had previously become universalized in the sense that national
governments had generally accepted certain rights.
 Due to their importance for maintaining international peace and security as well as the fact
that they were seen as one of the means of attaining greater unity amongst the States, their
acknowledgment and further realization were deemed important.
 Thus, respect for human rights is a crucial component of the peace, justice, and well-being
required for the growth of amicable ties among states.

Protection of Human Rights by United Nations

 One of the goals of the United Nations is to promote and encourage the respect for and
observance of human rights and fundamental freedoms.
 Seven times in the United Nations Charter, the phrase "promotion of human rights" is used
but "protection of human rights" is never mentioned.
 The word "promotion of human rights" may refer to establishing global standards for human
rights, as well as to outreach and education.
 According to the U.N. Charter, the General Assembly, the Economic and Social Council and
its subsidiary body, the Human Rights Council, are in charge of promoting human rights.
 By ratifying treaties, the General Assembly has established norms and encouraged
socialization to those norms.
 Promotion of human rights also includes holding conferences and seminars to educate people
worldwide about the principles of human rights outlined in these international agreements.
 Only the Security Council and the International Court of Justice have the authority to take
enforcement action among the UN agencies and they are the only ones who can enact a binding
resolution or issue a binding ruling.
 The following are some of the ways that the United Nations has in the past been able to
promote and protect human rights-
1. Human Rights Awareness
 The United Nations' initial and most significant contribution has been to raise awareness of
fundamental freedoms and human rights among the general public and among States.
 It has accelerated the process of defining minimal criteria of proper conduct for States.
 As the first step in promoting and protecting human rights, the Universal Declaration of
Human Rights, which contains the fundamental set of rights, was officially adopted.
2. Making the Law of Human Rights codified
 By creating treaties for all groups of people, including women, children, migrant workers,
refugees, and stateless people, the United Nations has codified various rights and freedoms.
 In addition to the aforementioned, the international rule of law now forbids the commission
of inhuman actions like torture, racial discrimination, apartheid, and genocide.
3. Human rights surveillance
 The Commission on Human Rights' Working Groups and treaty bodies have established
procedures and mechanisms for vetting convention conformity and looking into claims of
human rights violations.
 Under specific treaties, a variety of expert panels have been created. They operate
independently and are not UN subsidiary organs.
 "U.N. Treaty Organs" is the name given to the Committees. Few Governments are willing to
ignore the moral weight that their decisions on particular circumstances bear.
4. Complaints Procedure for Individuals
 Many human rights treaties provide for petitions to be made before the relevant international
bodies.
 The International Convention on the Elimination of All Forms of Racial Discrimination, the
Convention Against Torture, the Convention on the Elimination of Discrimination Against
Women, the Optional Protocol to the Rights of the Child on a Communication Procedure, and
the Convention on the Protection of the Rights of All are a few examples.
 Additionally, in accordance with protocols established by the Human Rights Council, the Sub-
Commission on the Promotion and Protection of Human Rights (previously known as the Sub-
Commission on Prevention of Discrimination and Protection of Minorities) and their Working
Groups receive a large number of complaints each year from both private citizens and non-
governmental organizations (NGOs).
 The Human Rights Council has the power to analyze data from individuals, NGOs, and other
sources, as well as to discuss human rights problems wherever in the world.
 People and non-governmental organizations (NGO) were permitted to make a communication
to the Commission about "situations which appear to reveal a consistent pattern of violations
of human rights and fundamental freedoms" under the 1970 Economic and Social Council
resolution 1503, commonly known as the "1503 Resolution."
5. Examining Current Human Rights Situations
 In order to improve the human rights circumstances, the Human Rights Council developed the
Universal Periodic Review (UPR) system, which entails a review of the human rights records
of all United Nations member States.
 To complete the UPR, a state's human rights record must be evaluated, and any abuses of
human rights must be addressed.
6. Coordination of Human Rights Activities
 In order to improve the coordination and impact of UN Human Rights initiatives, the position
of High Commissioner for Human Rights was established in 1993.
 He is responsible for encouraging and defending the effective exercise of all human rights and
for fostering ongoing communication with the member States.
7. By delivering consulting services
  Governments looking to improve their handling of human rights might seek advice from the
High Commissioner for Human Rights.
 A constitution may be drafted with assistance, and electoral laws may be improved. create or
improve human rights institutions, create new criminal laws, or reform the legal system.
 Through the Universal Periodic Review Working Group, the Human Rights Council may also
offer technical assistance to States, enhancing their ability to successfully address human
rights issues.
8. The Security Council's enforcement action
 If it advises that abuses of human rights in a State are likely to undermine international peace
and security, the Security Council of the United Nations may take enforcement action in
accordance with Chapter VII of the Charter.
 Therefore, the authoritative application is enforcement. The aforementioned facts show that
the United Nations has been successfully carrying out a number of tasks to promote and
safeguard human rights as well as to develop a worldwide culture of human rights through
awareness-raising and education.
 However, it must be acknowledged that the U.N.'s operations have had an indirect and long-
lasting impact on international human rights issues.
 Forces of repression, ethnic hatred, and exploitation continue to pose a threat to individuals'
fundamental rights to life, liberty, and physical security, as well as the right to health, housing,
and employment.
 The UN needs to be more proactive in the face of these difficulties. In circumstances of severe
human rights violations, it must step in.
 To reinforce the commitments to promoting and defending human rights, it must cooperate
with the member states.

HUMAN RIGHTS BODIES UNDER THE U.N. SYSTEM

 The UN system has a variety of organizations in place to support and defend human rights.
 The Commission on Human Rights, which was established by the Economic and Social
Council and endorsed by the General Assembly on February 16, 1946, was the earliest and
most significant human rights organization.
 The General Assembly replaced the Commission in March 2006 with the Human Rights
Council.
 The Economic and Social Council was advised by the Resolution to ask the Commission to
wrap up its work at its sixty-second session.
 As a result, the Commission ended the aforementioned session on March 26, 2006, capping 60
years of service to the advancement and defense of human rights.
 The Human Rights Council also took on the responsibilities of another human rights
organization in 2006 as The Sub-Commission on Promotion and Protection of Human Rights,
which was formed on June 21, 1946 under the authority of ECOSOC.
 The following are now the significant human rights organizations recognized under the United
Nations Charter:-
1. Office of The United Nations High Commissioner for Human Rights (OHCHR)
 Following the 1993 World Conference on Human Rights, the General Assembly established
the Office of the United Nations High Commissioner for Human Rights on December 20, 1993.
 On September 15, 1997, the Centre for Human Rights and the Office of the United Nations
High Commissioner for Human Rights merged.
 The aforementioned change was implemented in response to the Vienna Conference on Human
Rights in 1993, which emphasized the need for a robust institutional framework to be put in
place in order to effectively promote and safeguard human rights.
 It has offices in many countries all around the world, including New York and main office at
Geneva.
 Composition- A High Commissioner is chosen by the UN Secretary General to lead the
OHCHR serves in that position, but the General Assembly has to approve name.
 He must be a person of great moral character and integrity, with knowledge of human rights
and an appreciation for many cultures. Geographic rotation is taken into consideration.
 The High Commissioner will hold the position of undersecretary-general for a duration of four
years.
 On September 1, 2018, Chile's Michalle Bechlet was appointed High Commissioner for a
period of 4 years.
 OHCHR's actions is under the control of the High Commissioner for Human Rights.
 The position of High Commissioner, he or she carries out the specific duties designated by the
General Assembly.
 The General Assembly has delegated the following specific duties in accordance with the
aforementioned resolution-
1. To promote and preserve the effective enjoyment of all civil, cultural, economic, political,
and social rights by all people, including the right to development.
2. To offer States that seek it advising services, technical help, and financial support in the area
of human rights.
3. To coordinate UN public education and awareness campaigns in the area of human rights.
4. To take a proactive role in removing barriers to the full enjoyment of human rights and in
halting further abuses of those rights around the world.
5. Having a conversation with governments to ensure that human rights are respected.
6. To improve collaboration for the advancement and defence of human rights.
7. To support efforts to defend and promote human rights across the whole UN system.
8. To increase the efficiency and effectiveness of the United Nations' human rights system by
rationalizing, adapting, strengthening, and streamlining it.
 An Assistant Secretary-General who reports to the High Commissioner oversees the OHCHR's
New York Office, which is housed at the headquarters.
 The High Commissioner is represented by the Assistant Secretary-General in a variety of
capacities, including in meetings of decision-making bodies and with permanent missions of
Member States.
 The OHCHR carries out the following duties-
1. The OHCHR works to advance the universal exercise of all human rights by putting the desire
and resolve of the international community as stated by the UN into action.
2. The Office takes the lead on matters relating to human rights and underlines the significance
of such rights on a national and international scale.
3. The Office encourages global human rights collaboration.
4. The Office promotes and organizes human rights initiatives across the United Nations system.
5. The Office works to have international norms ratified and followed worldwide.
6. The Office supports the creation of new standards.
7. The Office assists treaty and human rights monitoring organizations.
8. The Office takes action when significant human rights breaches occur.
9. The Office conducts human rights prevention.

2. Human Rights Council

 Promoting and defending human rights all over the globe is the responsibility of the United
Nations Human Rights Council (UNHRC).
 The Council is made up of 47 members who were chosen by their regional groups to serve
staggered three-year terms.
 The United Nations Office in Geneva, Switzerland, is where the Council's headquarters are
located.
 The Council addresses thematic human rights issues like freedom of association and assembly,
freedom of expression, freedom of belief and religion, women's rights and the rights of racial
and ethnic minorities.
 It also looks into claims of human rights violations in UN member states.
 The United Nations General Assembly formed the Council on March 15, 2006 to take the role
of the United Nations Commission on Human Rights.
 The Council utilizes the United Nations special processes and collaborates closely with the
Office of the High Commissioner for Human Rights (OHCHR).
 Composition- The 47 Human Rights Council members are chosen by the members of the
General Assembly.
 Each seat has a three-year tenure, and no member may hold a seat for more than two terms in
a row.
 53 people were elected to the prior CHR by the Economic and Social Council (ECOSOC) using
a majority of those in attendance and voting.
 The Council's Membership is based on equitable geographical distribution. Seats are
distributed as follows-
1. African States: 13 seats
 2. Asia-Pacific States: 13 seats
3. Latin American and Caribbean States: 8 seats
4. Western European and other States: 7 seats
5. Eastern European States: 6 seats
 Three times a year, in March, June, and September, the UNHRC meets regularly.
 At the request of one-third of the member states, the UNHRC may choose to call a special
session at any moment to discuss emergencies and human rights breaches.
 Mechanism of UNHCR-
 Universal Periodic Review (UPR)- The purpose of the Universal Periodic Review (UPR) is
to evaluate the state of human rights in each UN member state.
 The review will give each State the chance to outline the steps they have made to strengthen
the human rights environment in their nations and address obstacles to the exercise of such
rights.
 The ultimate objective of UPR is to significantly enhance the state of human rights in every
nation for users all across the world.
 To do this, the UPR evaluates each State's record on human rights and addresses abuses
wherever they occurred.
 It also strives to give States technical help and improve their ability to effectively address
human rights issues.
 Advisory Committee- The Council's "think tank" is the advisory committee, which offers
knowledge and suggestions on a variety of thematic human rights concerns.
 The Sub-Commission on the Promotion and Protection of Human Rights was superseded by
the Advisory Committee.
 The Committee's initial meeting took place in August 2008. The Committee is made up of 18
impartial specialists from different parts of the world.
 Experts are chosen by governments and the council for a three-year term and are eligible for
one re-election.
 Advisory Committee provides-
1. Expertise in the shape and manner sought by the Council is provided by the Advisory
Committee. It largely concentrates on studies and research-based recommendations.
2. To submit ideas for new research proposals to the council for consideration and approval.
3. Put its recommendations into action with regard to the matters that fall under its purview.
 Complaint Procedure- The complaint process enables people and organizations to alert the
Council about human rights breaches.
 On June 18, 2007, the Human Rights Council adopted a resolution to establish a complaint
system with the aim of addressing persistent trends of flagrant violations of all human rights
and basic freedoms that may occur anywhere in the world.
 The complaint process deals with communications made by people, organizations, or non-
governmental groups who assert to be the victims of human rights breaches or who have
firsthand, trustworthy information of such violations.
 Two Working Groups are responsible for carrying out the Complaint Procedure's duties: the
Working Group on Communications (WGC), which is composed of five independent, trained
specialists, and the Working Group on Situations (WGS), which also has five members.
 They review letters and submit them to the Human Rights Council.
 UN Special Procedures- These are made up of special representatives, independent experts,
and working groups who monitor, study, advise, and publicly report on a variety of topics,
including the state of human rights in certain nations.
 The Human Rights Council established the Special Procedures as a vehicle to address either
individual nation problems or global issues on a particular theme.
 With the help of OHCHR, the Special Procedures carry out country visits, respond to specific
cases and issues of a more general, structural nature by sending communications to the States
involved, carry out thematic studies, and hold expert consultations.

3. Commission on the Status of Women

 A functional commission of the United Nations Economic and Social Council (ECOSOC), one
of the main UN bodies, is the Commission on the Status of Women (CSW or UNCSW).
 CSW serves as the UN agency promoting women's empowerment and gender equality.
 Each year, officials from Member States assemble at the UN headquarters in New York to
assess the status of gender equality, identify obstacles, establish international benchmarks, and
create specific policies to enhance women's rights throughout the world.
 Formed on 21 June 1946.
 Members are chosen for tenure of four years.
 One representative from each of the 45 Member States makes up the CSW, which has 13
members from Africa, 11 from Asia, 9 from Latin America and the Caribbean, 8 from Western
Europe and other States, and 4 from Eastern Europe.
 These representatives are chosen by the ECOSOC based on an equitable geographical
distribution.
 In 1947, the Commission met for the first time. The Commission meets every two years in
Vienna to review the progress made by women worldwide towards equality.
 Its main duty is to prepare reports and suggestions for the Economic and Social Council
regarding the advancement of women's rights in the political, economic, social, and educational
spheres.
 It provides advice to the Council on issues pertaining to women's rights that need to be
addressed.
 In order to implement these recommendations and advance the status of women in law and
practice, it also creates and draughts proposals.

Implementation and Monitoring of Human Rights

 The system of global human rights protection must be put into action if it is to be effective.
However, a number of factors make the protection of human rights at the international level a
challenging issue.
 Only States are permitted to use the International Court of Justice and implies that people can't
contact the Court directly. Because of this, it has consistently declined to consider the petitions
and pleas that people have frequently addressed to it.
 Only a small number of States have given their assent for cases concerning human rights to
come under the jurisdiction of the International Court of Justice.
 Even in the rare instances where the International Court is able to impose sanctions on a State
for violating human rights, there is no international police to uphold the Court's rulings.
 Certainly, if the aggrieved party brings the matter before the Security Council, it has the
authority to enforce the Court's decisions against a party who has disobeyed a ruling by the
Court.
 However, the Security Council is seen as a political body, and its recommendations
occasionally have political undertones.
 The Council loses the ability to take any action against a State that has disobeyed a court order
if the veto barrier is not overcome.
 Many States continue to view the implementation of human rights as an intrusive act, despite
the International Law of Human Rights having encouraged a rising political and legal backing
for their protection.
 A State's domestic law must offer an efficient method of redress for transgressions of its
international obligations in the area of human rights.
 The strength of international human rights law is still insufficient to hold states accountable for
abuses of those rights.
 Nevertheless, a number of international organizations have been keeping an eye on and
addressing cases of human rights violations.
 To keep track of human rights infractions, a number of committees, working groups, and
special rapporteurs have been established.
 The following two categories can be used to broadly categorizes monitoring mechanisms:-
1. Conventional Mechanism
 At least nine fundamental human rights agreements have established committees tasked with
ensuring that States parties uphold their obligations which are as follows-
a. Human Rights Committee (HRC) by the International Covenant on Civil and Political
Rights (ICCPR).
b. Committee on Economic, Social and Cultural Rights (CESCR) by the International
Covenant on Economic, Social and Cultural Rights (ICESCR).
c. Committee on the Elimination of Discrimination Against Women (CEDAW) by the
Convention on the Elimination of All Forms of Discrimination Against Women.
d. Committee Against Torture (CAT) by the Convention Against Torture and other Cruel,
Inhuman and Degrading Treatment or Punishment.
 e. Committee on the Rights of the Child (CRC) by the Convention on the Rights of the Child.
f. Committee on the Racial Discrimination (CRD) by the Convention on the Elimination of
All Forms of Racial Discrimination.
g. Committee on the Rights of All Migrant Workers and Members of Their Families (CMW)
by the Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families.
h. Committee on the Rights of Persons with Disabilities by the Convention on the Rights of
Persons with Disabilities.
i. Committee on the Protection of All Persons from Enforced Disappearance.
 The aforementioned Committees keep an eye on the State's compliance with its commitments
by engaging in discussion with the representatives of each of the State's parties based on a
thorough report- an initial report followed by subsequent reports at intervals of roughly four to
five years.
 The main results of this process are the transcript of the debate that ensued and the Committee's
own description of the essential topics, which give each member or the Committee as a whole
the chance to express how much they believe the State Party is in compliance or not.
 Some of these Committees, like the HRC, CEDAW, CAT, CRD, and CMW, deal with
complaints from people alleging that the treaty in question has violated their rights, and other
Committees, like the CMW, deal with inter-State disputes.

2. Extra Conventional Mechanism

 The Human Rights Council has been formed as the most significant vehicle for protecting
human rights in addition to treaty mechanisms.
 The Human Rights Council's special procedures are ad hoc in character, which enables a more
adaptable reaction to grave human rights abuses than the treaty bodies.
 As Special Rapporteurs, Representatives, or independent experts, experts entrusted with
specific human rights mandates act in their individual capacities.
 A working group is dispatched when a mandate is handed to numerous experts.
 These specialists investigate, keep tabs on, and submit reports to the Commission on either
global phenomena that seriously violate human rights across the globe or human rights
situations in particular nations and territories.
 The rapporteur and group activities include gathering information, requesting government
comments on information pertaining to laws or official procedures, and providing information
to governments for clarification about urgent matters that fall under their purview.
 Each rapporteur's or group's yearly report includes details on all of the aforementioned
activities, summaries of correspondence, minutes of meetings with information sources and
governments, as well as general analysis and suggestions.
 The monitoring tools listed above demonstrate that some of them are related to overall
conditions in a nation and others are related to specific complaints.
 While some are focused on general human rights issues, others are more focused on particular
kinds of violations.
 It is important to note that the various monitoring mechanisms adopted by the Human Rights
Council and earlier by the Commission on Human Rights have not been very effective in
stopping the human rights violations that have been occurring in different parts of the world.
 Therefore, it would not be incorrect to say that while the U.N. regime is a strong one for
promotion, it has weak monitoring procedures.

INTERNATIONAL BILL OF RIGHTS

 The Atlantic Charter (1941) and the United Nations Declaration (1942) both thought of the idea
of protecting human rights and fundamental freedoms.
 Latin American States, in particular, requested that the San Francisco Conference discuss an
international bill of human rights when the United Nation founders gathered there in 1945 to
draught the Charter of the Organization.
 But, lack of time and the Super Power's disinterest in specific legal obligations and international
action on human rights prevented the preparation of a detailed list of rights.
 However, many participants came to the realization that supporting human rights ought to be a
responsibility of the international community.
 As a result, the Charter included a number of generic and ambiguous clauses for the
advancement and defence of human rights and basic freedoms.
 The implementation of the principles of the respect for human rights and fundamental freedoms
for all without distinction as to race, sex, language, or religion, as set forth in Article 55 of the
U.N. Charter, became the most crucial task that lay before the organization after the United
Nations Charter entered into force.
 The Economic and Social Council explicitly agreed in 1946 that the only way the United
Nation’s goal of promoting and upholding human rights could be achieved was if an
international bill of rights was established.
 In order to do this, it was agreed to design an international bill of rights. The Economic and
Social Council was given this problem by the General Assembly to study by the Commission
on Human Rights.
 The goal to build a comprehensive system for the promotion and protection of human rights
served as the motivation for the Commission on Human Rights mandate.
 A committee known as the Drafting Committee was established by the Commission in January
1947 to work on the Bill of Rights draft.
 The Economic and Social Council also set down the procedure for creating the draught of the
International Bill of Rights.
 A draft of the International Bill of Rights was developed by the Drafting Committee at its First
Session and was reviewed by the Commission on Human Rights during its Second Session,
which took place from December 2 to December 17, 1947.
 However, due to disagreements over its structure and content, the Commission decided to refer
to a number of drafted documents as the "International Bill of Human Rights" and set up three
working groups.
 Therefore, the Commission decided to simultaneously draft two sets of documents, namely a
draft declaration that would include a statement of general principles on human rights and a
draft convention that would focus on those specific rights that could give rise to legally
binding obligations.
 Along with the two documents mentioned above, the Commission also wrote a memo on the
subject of implementation.
 The International Declaration on Human Rights, the International Covenant on Human Rights,
and the Measures for Implementation are the three documents.
 Together, they would make up the Universal Declaration of Human Rights.
 The Commission set up three working groups to draft the texts on these subjects.
 The Commission opted not to act on any specific principles or proposals contained in the report
of implementation while taking into account the Working Groups' report as well as the draft
declaration and covenant in considerably less depth.
 Two international covenants were later adopted in 1966 to codify the two sets of rights listed
in the Universal Declaration of Human Rights, which had been adopted in 1948.
 In 1976, the International Covenant on Civil and Political Rights as well as the International
Covenant on Economic, Social, and Cultural Rights both became operative.
 The Universal Declaration of Human Rights, the Optional Protocols, and the two International
Covenants make up the International Bill of Human Rights.
 As a result, the term "International Bill of Human Rights" refers to these important international
treaties. These texts served as the building blocks for subsequent treaties and declarations.
 Various human rights treaties provide further clarification of the fundamental freedoms and
rights found in the International Bill of Human Rights with regard to topics like sex violence
against women, genocide, humanitarian law, the administration of justice, social development,
and religious tolerance.
 The information above demonstrates unequivocally how international human rights legislation
has evolved since World War II and how it has assimilated into international law as a whole.
 The International Bill of Human Rights is a turning point in the history of human rights, a real-
life Magna Carta indicating that humanity has reached a crucial stage in its development and
the conscience realization of human value and dignity.
 Many States’ national courts have frequently referenced the Bill's guiding principles in their
rulings.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

 The Drafting Committee which was selected by the Commission on Human Rights in
consultation with the governments, drafted the Declaration.
 The Declaration's whole draft was redone by the Committee.
 At its Third Session in June 1948, the Commission discussed the Drafting Committee's report
and ultimately decided to adopt a draft of the Declaration for submission to the Economic and
Social Council.
 Without a vote, the Council approved a resolution and presented it to the General Assembly.
 On December 10, 1948, the General Assembly endorsed it (after the Third Committee's review)
through a resolution known as the Universal Declaration of Human Rights.
 With 48 votes in favor and 8 against, the motion was passed without a single dissenting vote.
 It contains preamble and 30 Articles under its text.
 Preamble-
 By adding the phrase "whereas recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of freedom, justice,
and peace in the world," the Universal Declaration contained natural law language.
 With this Declaration constantly in mind, every person and every organ of society should work
to promote respect for these rights and freedoms through teaching and education, as well as by
taking progressive national and international actions.
 Also, to ensure their universal and effective recognition and observance, both among the people
of Member States themselves and throughout the world.
 The Preamble only declares the Declaration to be a universal benchmark of success for all
people and all nations.
 It should be noted that the Preamble was amended to include the phrase "common standard of
achievement for all people and for all nations" because the majority of people at the time were
denied their basic human rights because they were living under colonial rule and were subject
to authoritarian governments that still oppressed them.
 Rights in the Declaration-
 There are 30 articles in the Universal Declaration and it listed all of the fundamental postulates
and principles of human rights.
1. Civil and Political Rights
 The civil and political rights that have received widespread global recognition are covered in
Articles 2 through 21.
 Article 2 states that everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, color, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
 These are listed below-
1. Article 3- Right to life, liberty and security of persons.
2. Article 4- Freedom from slavery or servitude.
3. Article 5- Prohibition against torture, inhuman or degrading treatment or punishment.
4. Article 6- Recognition as a person before the law.
5. Article 7- Equality before the law and equal protection of the law without any
discrimination.
6. Article 8- Effective remedy before the national tribunals.
 7. Article 9- Freedom from arbitrary arrest, detention or exile.
8. Article 10- Right to a fair and public hearing by an independent and impartial tribunal.
9. Article 11- Presumption of innocence until proved guilty in a public trial with all guarantees
necessary for defence in criminal cases.
10. Article 12- Right to privacy, family, home and correspondence.
11. Article 13- Right to freedom of movement and residence within the borders of a State.
12. Article 14- Right to seek and to enjoy in other countries asylum from persecution.
13. Article 15- Right to a nationality.
14. Article 16- Right to marry and to found a family.
15. Article 17- Right to own property.
16. Article 18- Right to freedom of thought, conscience and religion.
17. Article 19- Right to freedom of opinion and expression.
18. Article 20- Right to freedom of peaceful assembly and association.
19. Article 21- Right to participate in the government of his country.

2. Economic and Social Rights

 Articles 22 to 27 of the Declaration deal with economic and social rights which are as
follows-
1. Article 22- Right to social security.
2. Article 23- Right to work and free choice of employment.
3. Article 24- Right to rest and leisure.
4. Article 25- Right to a standard of living adequate for the health of himself and of his
family.
5. Article 26- Right to education.
6. Article 27- Right to participate in cultural life.

Legality of UDHR
 One of the earliest significant accomplishments of the United Nations in the area of human
rights was the Universal Declaration, also known as the Magna Carta of rights.
 The Declaration established a benchmark of success for the global community. It
acknowledged the intrinsic worth and unalienable rights of every person in every country.
 The Declaration mentions a number of norms that constitute human rights, and these norms
are universal, indivisible, interdependent, and linked. Regardless of their social, political, or
economic systems, States have a responsibility to advance and defend human rights.
 Therefore, the Declaration's explicit impact was to encourage States to set up a system and
processes for the preservation of human rights in the future.
 States were not immediately obligated to defend them by a legal agreement. The member
states of the United Nations did agree on a meaning of Article 55 that was substantially more
explicit because the Declaration is an authoritative expression of the meaning of Article 55 of
the U.N. Charter, which is law.
 The Declaration did not place any legal responsibilities on the States to implement its
provisions because it was not meant to be legally enforceable.
 In other words, the Declaration was not strictly binding on the States from a legal standpoint;
it was merely a recommendation.
 All people have human rights listed in the Declaration. They are universal to all cultural
interactions and flexible enough to fit into a wide range of social structures.
 In other words, it has made human rights global, but due to political, economic, and societal
constraints, they are not generally acknowledged. The target for this century will be "All rights
for all people in all countries.”
 The human rights movement must ensure that this objective is attained by all methods and
across all obstacles.
 Three things about the Declaration are flawed. Firstly, it is a U.N. suggestion to States rather
than a law that is binding on States. Additionally, some of its clauses are as broad-ranging as
Article 55 of the U.N. Charter.
 Thirdly, the Declaration provided only State goodwill as a vehicle of implementation.
Theoretically, suggestions for amending the Universal Declaration of Human Rights may be
made because human concepts of rights change over time, and there is no reason to think that
the current ideas and standards will remain unchanged from those of the twentieth century, or
the period when the Declaration was adopted.
 However, the Declaration concluded the transition of international law's substantive standards
for human rights from state law. It wouldn't be out of place to say that the foundation of all
U.N. initiatives pertaining to human rights is the Universal Declaration of Human Rights.

Influence of UDHR
 Human's brains have been profoundly impacted by the Declaration. It is a major declaration
of the international community's commitment to upholding human rights as an objective that
should be attained by all people and all countries.
 It conveys a message of empowerment, liberation, and equality. It is a message to everyone
who is dedicated to world peace, justice, and freedom.
 It has served as both the United Nations' motivation and the foundation for its efforts to
develop the standard-setting process as outlined in several international human rights accords.
 It served as the inspiration for several declarations and international agreements reached under
the aegis of the United Nations and specialized agencies.
 The General Assembly's resolutions commonly use the Declaration as a whole or various
articles as justification for the United Nations' actions.
 The Declaration has also been mentioned in the preambles of the regional treaties for the
protection of human rights. The human rights treaties actually have a foundation that was
established by the Declaration.
 Its guidelines have also affected a number of country constitutions, laws, rules, and policies
that defend basic human rights.
 These domestic manifestations may make explicit mention of or incorporate elements from
the Universal Declaration.
 In defense of judicial rulings that upheld a specific right recognized by domestic constitutions
or laws, the Declaration is frequently invoked.

Articles of UDHR

Articles Marginal Head

Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and
Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
 Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights

Universal Declaration as Customary International Law

 Customary international law is the consequence of widespread and consistent behavior on the
part of States, which they uphold out of a sense of duty.
 The Universal Declaration was adopted with the understanding that States would not be
subject to any legal duties as of the time of adoption.
 When the Declaration was adopted, Eleanor Roosevelt, the chairman of the U.N. Commission
on Human Rights, told the General Assembly- "It is of primary importance that we keep
clearly in mind the basic character of the document as we give our approval to the Declaration
today."
 It is neither a treaty nor an international pact. It does not represent or claim to represent a
statement of law or of legal obligation.
 It is a statement of fundamental human rights and freedoms that will be endorsed by the
General Assembly through a formal note from its members and serve as a benchmark for
success for all peoples of all countries.
 The Declaration has been cited so frequently both inside and outside the United Nations that,
despite the authors' intentions, some of its provisions have become part of international law
and are, as a result, enforceable by all States.
 This assertion is based on widespread acceptance and common legal opinion. The fundamental
relevance of a standard having a customary nature is that it binds States who are not signatories
to the documents outlining it.
 Given the lack of State practise, it is challenging to accept the idea that the Universal
Declaration as a whole has evolved into a customary rule of international law.
 One will, however, concur that the following elements of the Declaration do in fact represent
customary international law-
1. Right to Equality- The fundamental rights to equal treatment and non-discrimination with
regard to unalienable human rights are stated in Articles 1, 2, and 7 respectively.
2. Prohibition Against Torture- It is generally accepted that Article 5 of the Declaration's
prohibition against "torture or cruel, inhuman, or degrading treatment or punishment" is an
established principle of international law.
 The International Court of Justice acknowledged that the prohibition of torture is "part of the
customary International Law" and has evolved into a presumptive standard (jus cogens) in the
case Belgium v. Senegal Concerning Question Relating to the Obligation to Prosecute or
Extradite.
3. Prohibition Against Arbitrary Arrest and Detention- Nobody may be arbitrarily detained,
arrested, or exiled, according to Article 9 of the Declaration. Other rights included in the
Universal Declaration include the right to privacy (Article 12), the right to a fair trial (Articles
10 and 11).
 A vast number of States have acknowledged freedom of movement, the right to leave and enter
any country (Article 13), the right to nationality (Article 15), and the right to property (Article
17) as such.
 However, when the International Court of Justice renders a legally binding decision based on
the Universal Declaration, the precise status of these rights will be revealed.
 Due to inconsistencies in State practice, it is now impossible to say with certainty that they
have attained the status of a customary rule of international law.
 To determine which of the rights outlined in the Universal Declaration of Human Rights are
being most fully exercised by States, extensive research must be conducted through a thorough
examination of State practices.
4. Prohibition Against Slavery- No one shall be subjected to slavery or servitude, and all forms
of slavery and the slave trade shall be outlawed, according to Article 4 of the Declaration.
 It is widely believed that the restriction against slavery is a part of customary law. Several
largely ratified conventions have outlawed it.
 Slavery is prohibited under the general principles of the Charter relating to fundamental human
rights, even though slavery conventions cannot be applied to Saudi Arabia and Yemen because
they did not vote or were not present when the General Assembly adopted the Universal
Declaration of Human Rights.
 The International Court of Justice has stated that states have an erga omnes commitment to
protect people from slavery as one of their fundamental human rights.

India and UDHR

 The Universal Declaration of Human Rights was ratified by India on January 1, 1942. The
Fundamental rights are contained in Part III of the Indian Constitution, which is commonly
referred to as the Magna Carta.
 These are the rights that, in the event of a breach, the state must uphold directly. The state is
not allowed to pass any laws that violate the Fundamental Rights, according to Article 13(2).
 It always stipulates that any portion of a law that violates fundamental rights would be
considered void.
 The entire act may be deemed void if the void portion cannot be distinguished from the main
act.
 The Supreme Court noted in the case of Keshvanand Bharti v. State of Kerela- Although it is
not a binding legislative document, the Universal Declaration of Human Rights demonstrates
how India perceived the nature of human rights at the time the Constitution was formed.
 It was noted that UDHR had been acknowledged as a Model code of conduct adopted by the
United Nations General Assembly in the case of Chairman, Railway Board v. Chandrima Das
& Ors.
 The following are provisions from the Universal Declaration of Human Rights and their
equivalents from the Indian Constitution-

Brief Description of Provision UDHR Constitution of India

Equality and equal protection before law Article 7 Article 14

Remedies for violation of Fundamental Article 8 Article 32
Rights
Right to Life and personal liberty Article 9 Article 21
Protection in respect for conviction of Article 11(2) Article 20(1)
offences
Right to property Article 17 Earlier a Fundamental Right
under Article 31
Right to freedom of conscience and to Article 18 Article 25(1)
practice, profess and propagate any religion
Freedom of speech Article 19 Article 19(1)(a)

Equality in opportunity of public service Article 21(2) Article 16(1)

Protection of minorities Article 22 Article 29(1)

Right to education Article 26(1) Article 21A

 HUMAN RIGHTS LAW AND PRACTICE
UNIT-III

INTERNATIONAL COVENENTS ON HUMAN RIGHTS

Introduction
 The General Assembly recommended that the economic, social, and cultural rights be
incorporated into the Covenant in 1950.
 As a result, the Commission continued to draft the provisions on economic, social, and
cultural rights at its 1951 Session.
 Many nations raised concerns about including both sorts of rights in one Covenant when the
issue was being examined by the Economic and Social Council.
 They argued that because of their distinct character and status as subsidiary rights, economic,
social, and cultural rights should not be prioritized.
 This misconception was made worse by phrasing that divided these rights into various
generations.
 The second generation was intended to receive the economic and social rights. Later, in 1952,
the General Assembly decided to draft the two Covenants upon the advice of the Economic
and Social Council and instructed the Commission on Human Rights to create two drafts, one
addressing civil and political rights and the other addressing economic, social, and cultural
rights.
 By 1954, the Commission had finished drafting the two Covenants and had delivered them
to the Economic and Social Council. After considering them, the latter presented them to the
General Assembly.
 The Third Committee (Social, Humanitarian, and Cultural), which worked on the drafts
irregularly for twelve years, was given the task by the Assembly of considering the question.
 The International Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social, and Cultural Rights (ICESCR) were adopted by the General
Assembly on December 16, 1966, at the Third Committee's suggestion.
 A supplemental protocol to the international covenant on civil and political rights was also
adopted.
 The Second Optional Protocol to the International Covenant on Civil and Political Rights
Aiming at the Abolition of the Death Penalty was adopted by the General Assembly on
December 15, 1989.
 The Optional Protocol to the International Covenant on Economic, Social, and Cultural
Rights was also adopted by the General Assembly in 2008.
 The United Nations finished the process of creating the global norm for individual human
rights with the approval of the two Covenants and three Optional Protocols.
 They are considered to have made up the International Bill of Human Rights, along with the
Universal Declaration of Human Rights. As a result, the United Nations achieved one of the
key goals it had treasured in 1947.
 On December 19, 1966, the two Covenants were available for signing. Before becoming
effective, each required 35 ratifications or accession.
 Ten documents of ratification or accession were needed for the First Optional Protocol, which
was contingent upon the Covenant on Civil and Political Rights entering into force.
 As a result, on January 3, 1976, and March 23, 1976, respectively, the Covenant on Civil and
Political Rights4 and the Covenant on Economic, Social, and Cultural Rights entered into
force.
 On March 23, 1976, the Optional Protocol went into effect. The Covenant on Economic,
Social, and Cultural Rights has 170 Parties as of February 18, 2020, compared to 173 Parties
for the Covenant on Civil and Political Rights.
 As of February 18, 2020, 116 States Parties to the Optional Protocol. As of February 18, 2020,
88 States Parties to the Second Protocol to the Covenant on Civil and Political Rights, which
entered into force on July 11, 1991.
 As of February 18, 2020, there were 24 States Parties to the Optional Protocol to the
International Covenant on Economic, Social, and Cultural Rights, which entered into force
on May 5, 2013.

Covenant on Civil and Political Rights

 The 53 Articles in the Covenant on Civil and Political Rights are broken down into six parts.
 While different rights and freedoms are listed in Parts I, II, and III, the next three parts are
devoted to implementation processes for successfully realizing these rights as well as the
concluding clauses.
 All peoples have the right to freely determine their political status, pursue their economic,
social, and cultural development, and may freely dispose of their natural wealth and resources
for their own ends without compromising any obligations arising out of international
economic cooperation, based on the principles of mutual benefit and international law.
 This right to self-determination is outlined in Article 1 of the UN Charter.
 The article further stipulates that a people cannot ever be robbed of its own means of
subsistence and that the State Parties must support and uphold the right to self-determination.
 The aforementioned clauses are all included in Article 1 of the Covenant on Economic, Social,
and Cultural Rights.
 The rights and responsibilities of the State Parties to the Covenant were outlined in Part II.
 It includes the responsibilities of the States to adopt the legislative or other measures that may
be required to give effect to the rights recognized in the Covenant, as well as to take the
appropriate actions to incorporate the Covenant's provisions into domestic legislation.
 The State Parties uphold men and women's equal rights to the enjoyment of all 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 2-5 These articles enable parties to come up with legislation to give effect to
the rights recognized in the Covenant, and to provide a legal remedy in
case of violation of such rights.

Articles 6-27 Article 6 -27 contain rights such as:

 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
45 will operate, as well as the reporting and monitoring of the Covenant.
It also enables the parties to recognize 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
47 that parties will 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

 Part III deals with the specific rights of the individuals and the obligations of the State Parties-
1. The right to life (Article 6).
2. Freedom from inhuman or degrading treatment (Article 7).
3. Freedom from slavery, servitude and forced labor (Article 8).
4. Right to liberty and security (Article 9).
5. Right of detenu to be treated with humanity (Article 10).
6. Freedom from imprisonment for inability to fulfil a contractual obligation (Article 11).
7. Freedom of movement and to choose his residence (Article 12)
8. Freedom of aliens from arbitrary expulsion (Article 13)
9. Right to a fair trial (Article 14)
10. Non-retroactive application of criminal law (Article 15)
11. Right to recognition as a person before the law (Article 16)
12. Right to privacy, family, home or correspondence (Article 17)
13. Freedom of thought, conscience and religion (Article 18)
14. Freedom of opinion and expression (Article 19)
15. Prohibition of propaganda of war (Article 20)
16. Right of peaceful assembly (Article 21)
17. Freedom of association (Article 22)
18. Right to marry and found a family (Article 23)
19. Rights of the child (Article 24)
20. Right to take part in the conduct of public affairs, to vote and to be elected (Article 25)
21. Equality before the law (Article 26)
22. Rights of minorities (Article 27).

 The Covenant's aforementioned rights are not unqualified and are subject to some restrictions.
 While the specifics of the limitations varied from Article to Article, it can be said that generally
speaking, the Covenant stated that rights should not be subject to any restrictions other than
those required by law, necessary to protect public morals, public health, or national security,
or the rights and freedoms of others.
 It should be mentioned that the Covenant is a binding international agreement, and the State
Parties are required by law to implement its obligations.
 According to Article 2 Paragraph 2 of the Covenant, each State Party agrees to enact domestic
legislation within its domestic jurisdiction that may be required to give effect to the rights
 enumerated therein, and Article 2 Paragraph 3(a) stipulates that they must offer an effective
remedy if the violation was committed by someone acting in an official capacity.

Covenant on Economic, Social and Cultural Rights

 The 31 articles that make up the International Covenant on Economic, Social, and Cultural
Rights are separated into five sections.
PART ARTICLE DETAILS
I Article 1 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.

II Article 2-5 Establishes the principle of "progressive realization". It also

requires the rights be recognized "without discrimination of any
kind as to race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status".

III Article 6-15 1. Right to work (Article 6)

2. Right to just and favorable conditions of work (Article 7)
3. Right to form and join trade unions (Article 8)
4. Right to social security (Article 9)
5. Right relating to motherhood and childhood, marriage and the
family (Article 10)
6. Right to adequate food, clothing, housing and standard of living
and freedom from hunger (Article 11)
7. Right to physical and mental health (Article 12)
8. Right to education including a plan for implementing
compulsory primary education (Article 13 and 14)
9. Right relating to science and culture (Article 15).

IV Article 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.

V Article 26-31 Governs ratification, entry into force, and amendment of the
Covenant.

 In Article I of the Covenant on Civil and Political Rights, the right of peoples to self-
determination is addressed in Part I.
 It is important to remember that the ICESCR prohibits States from abrogating their
obligations, even in cases of national emergency.
 The obligations of the State Parties to the Covenant were outlined in Part II of the Covenant.
 According to Article II, each State Party is required to use all of its resources, both individually
and through international assistance and cooperation, especially economic and technical, in
order to make progress towards the gradual full realization of the rights recognized in the
Covenant.
 This includes using all appropriate methods, particularly the adoption of legislative measures.
According to the aforementioned clause, States are not required to promptly comply with the
Covenant's obligations.
 As a result, the Covenant has established the benchmark that State Parties must now meet. The
States shall gradually execute its provisions in accordance with the resources at their disposal.
 The importance of the Covenants can be attributed to their recognition of the intrinsic worth
and unalienable rights of every member of the human family, which forms the cornerstone of
global freedom, justice, and peace.
 The States have a duty to provide these rights to people because they result from the intrinsic
dignity of the human person, as well as because they are essential for the development of one's
personality.

Relation between the two Covenants

 It should be emphasized that there was no distinction between the two sets of rights at the time
the Universal Declaration of Human Rights was adopted.
 Economic, social, and cultural rights were mentioned in the Declaration of Independence,
along with civil and political rights.
 Later, during the Cold War, the differences between the two sets of rights were raised, leading
to the creation of two covenants.
 The two Covenants, which have identified different civil and political rights as well as
economic, social, and cultural rights, are nevertheless closely related to one another.
 It is clear from the fact that both Covenants' Preamble and Articles 1, 2, and 3 and 5 are
essentially the same.
 The International Conference on Human Rights, which was convened in Tehran in 1968,
acknowledged their interdependence.
 The international community must regard human rights equally, fairly, and with the same focus
throughout the world.
 In the absence of social and economic rights, civil rights such as the right to equality and the
freedom of opinion and expression shall be worthless.
 Given their interdependence, it is desirable for the States to place equal emphasis on the rights
outlined in both Covenants.

Criticism
 The authors have criticized the two Covenants for a variety of reasons, including the
following-
1. It has been argued that human rights cannot be characterized as universal.
Depending on the various economic, social, and political contexts of the States, they vary from
one to the next.
They contend that the rights of people living in developed, developing, and least-developed
nations cannot be the same. However, the Covenants' authors did not take this issue into
account.
2. It is argued that neither the protection of human rights in industrialized nations versus those
in the Third World nor in Eastern countries compared to Western ones can differ.
Human rights are impartial to both color and orientation.
In recent years, it has become increasingly important to underline the universality and
indivisible nature of human rights.
Humans always maintain their dignity, no matter where they are or what the situation. As a
result, human rights are not based on location or time.
The rights specified in the Covenants are universal and inherent in all human beings as a result
of their human nature, hence it is impossible for there to be different categories of human
rights as they are all equal.
3. For some countries, they may be undesirable and irrelevant at the moment, but the adoption
of the Covenants has set forth the goal of respecting human rights for them, and their attitude
and desire would undoubtedly lead to the observance of human rights in accordance with the
provisions of the two Covenants.
4. The two Covenants are occasionally challenged because they contain some glaring omissions.
One of these justifications is the clause that recognizes and defends property rights. Property
rights were not safeguarded by any Covenant.
It should be emphasized that the omission seems to have been done on purpose. The Socialist
States would not have agreed to their conclusion if it had been put there.
5. The Covenants are also condemned for their provisions on self-determination and for their
restrictions on the right to free speech, which are made clear in Articles 17, 19, and 20 of the
Covenant on Civil and Political Rights.
These objections, however, are not really significant. These complaints are voiced mostly due
to the various legal systems, as well as the various ideologies and government actions of the
States.
The Covenants actually have a lot of important advantages and can contribute to preserving
human worth, dignity, and freedom on a global scale.

India and the Covenants

 India and 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.
 The National Human Rights Commission (NHRC) is the entity in India that oversees and
defends human rights.
 Any State must ratify a treaty before it becomes enforceable there; at this time, any nation may
also make declarations. India has also made a few statements in this regard on the ICCPR.
 The government declared at the ratification of the treaty that Article 9 is in accordance with
Article 22 of the Indian Constitution, which establishes laws for both preventive and punitive
imprisonment.
 In this context, the government has clarified that there is no enforceable right under Indian law
to compensate those who have been unlawfully detained.
 The Indian government reserves the right to enforce its own domestic legislation in relation to
Article 13 of the ICCPR, which forbids the removal of resident immigrants.
 India established the National Human Rights Commission in 1993 in accordance with the
Protection of Human Rights Act, adhering to the ICCPR's principles.
 All complaints of human rights violations can be brought directly to the NHRC, which has
broad authority.
 In cases involving violations of human rights, the Commission may make recommendations
to the courts or take Suo moto notice of the matter.
 From the table below, it is understood that Human Rights under the Constitution of India are
similar because they have been adopted from a common source and this explains the reflection
of UDHR on the Fundamental Rights of India.

FUNDAMENTAL
ARTICLE ICCPR
RIGHTS

Equality before law Article 14 Article 26

Prohibition on discrimination on grounds of

Article 15 Article 18
religion, race, caste, sex or place of birth.

Freedom of speech and expression Article 19(1)(a) Article 19

Freedom of peaceful assembly Article 19(1)(b) Article 21

Freedom to form associations or unions Article 19(1)(c) Article 22

Freedom of movement within border Article 19(1)(d) Article 12

 Protection in respect of conviction for offences Article 20 (1) Article 15

Protection of life and personal liberty Article 21 Article 6 and 9

Right against arbitrary arrest and detention Article 22 Article 14

Protection of slavery and forced labour Article 23 Article 8

Freedom of conscience and religion Article 25(1) Article 18

Right to privacy Article 21 Article 17

Article 13 and 14
(of the covenant
Right to education Article 21A on economic,
social and cultural
rights)

 India and ICESCR

 In contrast to the guarantee of civil and political rights in the Indian Constitution, economic,
social, and cultural rights are recognized as Directive Principles of State Policy, which are
meant to guide government policy but are not directly enforceable in courts.
 The Directive Principles have been elevated to the status of constitutional rights in India
through the gradual development of economic, social, and cultural rights law by the judiciary,
using the Directive Principles as guides for the interpretation of civil and political rights
protected by the Constitution.
 In order to defend specific economic and social rights, such as the right to work, the Indian
Supreme Court has adopted an expanded interpretation of the constitutional right to life based
on values of human dignity including the right to adequate nutrition, clothing and shelter, the
right to medical facilities, the right to earn a livelihood, and environmental rights.
 The agreement was ratified by India on April 10th, 1979. Part IV (DPSPs) of the Indian
Constitution contains the majority of the clauses in this covenant.
 The following are the provisions of the ICESCR and the corresponding provisions of the
Indian Constitution-
Brief Description of Provision ICESCR COI
Right to work Article 6(1) Article 41
Equal Pay for equal work Article 7(a)(i) Article 39(d)
Right to living wage and descent standard for life. Article 7(a)(ii) & (d) Article 43
Humane conditions of work and maternity leave. Article 7(b) and 10(2) Article 42
 Faculties and opportunities to children for
Article 10(3) Article 39(f)
prevention against exploitation.
Improving public health and raise level of nutrition
Article 11 Article 47
and standard of living.
Compulsory education for children Article 13(2)(a) Article 45
Article 29(1)
Protection of interests of minorities Article 27
& 30

Human Rights Commission of India

 The National Human Rights Commission, also known as the NHRC, is an independent agency
of the Indian government with the responsibility of advancing and defending human rights.
 It is a statutory organization specified in the Indian Constitution that was founded in 1993 in
accordance with the "Protection of Human Rights Act."
 According to the Protection of Human Rights Act of 1993, which was revised in 2006, the
National Human Rights Commission (NHRC), which was formed in 1993, is a legally
recognized autonomous body.
 Human rights are an essential component of society, and the NHRC monitors them in India.
 The NHRC serves as a countrywide watchdog for human rights.
 The NHRC examines a person's rights to life, dignity, liberty, and equality as those terms are
specified in Section 2(1) of the Act.
 They are protected by the Indian Constitution, reflected in international covenants, and upheld
by Indian courts.
 The Paris Principles of Human Rights, adopted in 1991 for the promotion and preservation of
Human Rights, and supported by the United Nations at its General Assembly in 1993, served
as the foundation for the creation of the National Human Rights Commission (NHRC).
 Historical Framework
 The UDHR (Universal Declaration of Human Rights) was adopted by the UN in 1948.
 The National Human Rights Institutions (NHRI) created the Paris Principles in 1991.
 These Paris Principles were approved by the UN in 1993 during its General Assembly.
 India passed the Protection of Human Rights Act in 1993.
 The National Human Rights Commission (NHRC) was eventually established as a result of
this.
 State governments were able to create the State Human Rights Commission under the
Protection of Human Rights Act.
 Composition of NHRC
 The National Human Rights Commission (NHRC) is composed of a chairperson and eight
other members.
 Those eight members are- Four full-time members and four deemed members.
 Chairman of NHRC- Retired Chief Justice of India
 Member 1- One who is/has been a Judge of Supreme Court of India
 Member 2- One who is/has been a Chief Justice of a High Court
 Two Members- Candidates with the knowledge or practical experience in the matters of
Human Rights
 Deemed Members (Ex-officio Members)- Deemed members are chairpersons of the below
national commissions-
1. National Commission for Minorities
2. National Commission for Scheduled Castes
3. National Commission for Scheduled Tribes
4. National Commission for Women

 Appointment of Members
 A Selection Committee will recommend the candidates to the President.
 The Selection Committee includes:
1. Prime Minister (Chairman)
2. Speaker of Lok Sabha
3. Union Home Minister
4. Deputy Chairman of Rajya Sabha
5. Leaders of the Opposition in both Houses of the Parliament
 Functions of NHRC
 According to Section 12 of the Protection of Human Rights Act, 1993, the National Human
Rights Commission (NHRC)'s duties include investigating claims of human rights violations
or carelessness on the part of public employees in preventing such violations.
 The Commission also researches international agreements and human rights treaties, and it
advises the government on how best to put them into practice.
1. Any allegations of human rights abuses in India may be investigated by the NHRC either on
its own initiative or in response to a petition.
2. The NHRC has the authority to intervene in any legal proceeding involving a claim of a human
rights violation.
3. To see the living circumstances of convicts, it is permitted to visit any jail or institution under
the supervision of the state governments. Additionally, it can provide advice depending on its
observations to the authorities.
4. The National Human Rights Commission (NHRC) can examine the Constitutional clauses that
protect human rights and recommend the appropriate corrective actions.
5. The NHRC also encourages human rights-related research.
6. The NHRC encourages media-based human rights knowledge and awareness across a range
of social sectors.
7. The NHRC has the authority to advise the Central and State Governments on appropriate
actions that can be taken to stop violations of human rights in India.
8. The NHRC submits an annual report to the President of India, which is then presented to both
Houses of Parliament.

State Human Rights Commission

 The Protection of Human Rights Act of 1993 calls for the establishment of a State Human
Rights Commission in addition to the National Human Rights Commission.
 The State Human Rights Commission has been formally created in about 26 states.
 Only the topics included in the State List (List-II) and the Concurrent List (List-III) of the
Seventh Schedule of the Indian Constitution may be the subject of an investigation by a State
Human Rights Commission.
 Except for the Union Territory of Delhi, the Central Government may delegate the duties
associated with human rights to the State Human Rights Commissions.
 The National Human Rights Commission handles these duties for New Delhi.
 Composition
 A chairperson and two other members make up the State Human Rights Commission, which
has multiple members.
 The chairperson should be a retired Chief Justice or a judge of a high court, and members
should include a person with knowledge or actual experience in human rights as well as a
judge of a high court who is currently serving or has previously served in that capacity.
 On the advice of a committee that has the speaker of the Legislative Assembly as its chair and
the chief ministers as its members, the Governor appoints the committee's chairperson and
members.
 Until they turn 70 years old, the chairperson and members serve terms of three years,
whichever occurs first.
 The President (and not the Governor) is the only person who has the authority to remove the
chairperson and members of a State Human Rights Commission.
 The state government sets the chairperson's or a member's salaries, benefits, and other working
conditions. However, once he has been appointed, they cannot be changed to his detriment.
 Functions of SHRC
 The States Human Rights Commission performs the following duties-
1. Whether on its own initiative, in response to a petition that was submitted to it, or in
accordance with a court order, to investigate any breach of a public employee's human rights
or carelessness in the prevention of such a violation.
2. To get involved in legal actions if there are ongoing allegations of human rights violations.
3. To travel to jails and detention facilities to observe detainees' living conditions and offer
comments regarding them.
4. Assess the legal protections provided by the constitution and other laws for the protection of
human rights, and make recommendations for effective implementation strategies.
5. Analyze the factors including terrorist acts that prevent people from exercising their human
rights and suggest appropriate remedies.
6. To conduct and encourage human rights-related research.
7. To increase people's knowledge of human rights and raise their understanding of the
protections that are available for these rights.
 Working of SHRC
 The Commission has the authority to control how it conducts itself. It possesses all the civil
court's authority, and its procedures are of a judicial nature.
 The state government or any other formerly subordinate authority may be asked to provide
information or a report.
 After a year has passed since the purported date of the act constituting a violation of human
rights, the Commission is not permitted to look into any subject.
 In other words, it can investigate a situation within a year of it happening. Throughout or after
an inquiry is finished, the Commission may do any of the following-
1. It might suggest that the state's authorities or government pay the victim's compensation or
other damages.
2. It may suggest to the state government or authority that criminal charges be brought against
the state government or that some other course of action be taken.
3. It may suggest to the state government or authorities that the victim receive prompt interim
remedy.
4. In order to obtain the required guidance, order, or writs, it may go before the Supreme Court
or a state high court.
 The Commission provides the state government with either its annual or special reports.
 These reports are presented to the state legislature along with a memo detailing the decisions
made about the Commission's recommendations and the justifications for rejecting any such
suggestions.

Courts for Human Rights

 The Protection of Human Rights Act (1993) also calls for the creation of a Human Rights
Court in each district to expedite the adjudication of cases involving human rights violations.
 There is the presence and mention of a total of eight chapters that are related to the protection
of “human rights”.
 In the Chapter VI of this act, there is the mention of the establishment of the “Human Rights
Courts”.
 The Chief Justice of that state's High Court must consent in order for the state government to
establish these courts.
 The state government designates a public prosecutor or names an advocate (who has
experience as a special prosecutor) for each Human Rights Court.
 The Supreme Court has sought a response from the Central government, the States and the
Union Territories on the prolonged delay for over a quarter of a century to establish exclusive
human rights courts in each district and appointing special public prosecutors in them.
 The Human Rights Act had called for the establishment of special courts in each district to
conduct speedy trial of offences arising out of violation and abuse of human rights.
 Section 30 of the Act envisages that a State government, with the concurrence of the Chief
Justice of High Court, by notification, specify for each district a court of session as a court of
human rights for the speedy trial of violation of rights.
 Whereas Section 31 of the Act provides the State government to specify and appoint a special
public prosecutor in that court.
 Need is to uphold and protect the basic and fundamental rights of an individual it is an
indispensable obligation upon the State to provide affordable, effective and speedy trial of
offences related to violation of human rights which can only be achieved by setting up special
courts in each district as provided under the Act.
 HUMAN RIGHTS LAW AND PRACTICE
UNIT-IV

THE PROTECTION OF HUMAN RIGHTS ACT, 1993

Introduction
 The term "human rights" refers to the legal protections that every member of the human race
is entitled to against the government and other institutions.
 Human rights predate the antiquated natural rights paradigm, which is founded on natural
law. The concept of "human rights" as we understand it today is rather recent.
 They have their roots in post-World War II international agreements and conventions.
 On January 8, 1994, the President of India gave his approval to the Protection of Human
Rights Bill, which had already been approved by both Houses of Parliament.
 The Protection of Human Rights Act, 1993 was then passed as a result.

Historical Background
 The United Nations Charter, which was adopted on June 25, 1945, in San Francisco following
World War II, contains the first recorded use of the phrase "human rights”.
 This charter had no enforceable legal status. It defined the ideal, which would afterwards be
developed by other organizations and entities.
 With the adoption of the Universal Declaration of Human Rights in December 1948, the
United Nations General Assembly made a fundamental contribution to the preservation of
human rights.
 The issue was that this proclamation was not a legally binding agreement, so the UN had no
way to enforce it.
 In order to solve the problem, the United Nations General Assembly adopted two covenants
for the defence of human rights in December 1965-
1. The Covenant on Civil and Political Rights
2. The Covenant on Economic, Social, and Cultural Rights.
 While the second called on states to enact laws to implement individual rights, the first
established those rights as being legally enforceable.
 After receiving the required number of member state ratifications, the two Covenants came
into effect in December 1976.
 Following that, many states accepted the Covenants before the end of 1981, including India.
As a result, these agreements were enforceable against the ratifying states.
 India received harsh criticism for the human rights abuses committed by its armed forces in
the state of Jammu and Kashmir at the beginning of the 1910s.
 The Indian government was under pressure from the US and other western nations to
recognize the instances of human rights breaches in the nation.
 A significant national desire for such a law that would address the different problems related
to human rights breaches existed in addition to the international pressure.
 The Human Rights Commission Bill was originally introduced in the Lok Sabha on May 14,
1992, in response to a nationwide demand and as a response to criticism from other nations.
 The Bill was ultimately referred to the Standing Committee on Home Affairs of the
Parliament after careful consideration.
 But on September 27, 1993, the President of India issued an Ordinance that created a National
Commission on Human Rights in response to regional and global pressures.
 The Lok Sabha then adopted a Bill on Human Rights to address these issues on December
18, 1993 to take the place of the ordinance, and on January 8, 1994, the Bill was signed into
law.
 In accordance with Section 1(3) of the Act, this Act became effective on September 28th,
1993.
 As a result, the commission was constituted on September 27, 1993, by presidential edict.
 The commission's first chairperson, Justice Ranganath Misha, a former chief justice of India,
was chosen on October 12, 1993.

Need and Scope

 On December 16, 1966, the United Nations General Assembly passed the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social,
and Cultural Rights, both of which India is a signatory.
 The aforementioned Covenants' enshrined human rights are in large part protected by the
Constitution. Enacting this law was therefore urgently needed.
 Human rights concerns have grown significantly both domestically and overseas.
 The government examined the existing laws, procedures, and systems of justice
administration in light of shifting social realities and emerging trends in the nature of crime
and violence with the goal of increasing accountability and transparency and creating efficient
and effective methods of dealing with these issues.
 As a result, the administration came to the conclusion that it is now necessary to pass a law
that particularly addresses the subject of human rights.
 Numerous discussions took place at numerous forums, such as the Chief Ministers'
Conference on Human Rights, seminars held across the nation, and meetings with top
political party figures.
 The opinions presented throughout these debates fervently demanded that this legislation be
passed.
 Originally, Section 1(2) of the Act stated that it only applied to the union list and concurrent
list in Jammu and Kashmir, and that it applied to all of India.
 Act 34 of 2019, on the other hand, removed this caveat, making this Act applicable to the
entirety of India.
 Salient features of the Protection of Human Rights Act, 1993
 To defend people against being violated in their rights. In accordance with the constitution's
guarantees, "human rights" encompass the rights to life, liberty, equality, and dignity.
 To defend these rights against state institutions abusing their authority.
 To create a company dedicated to the improvement of current life forms and the personality
development of those entities.
 To offer the appropriate and efficient steps for obtaining redress in the case of a breach of
rights.
 The act's creation of the national human rights commission, state human rights commissions,
and human rights courts is its most important component because it enables them to
investigate and prosecute major human rights breaches.
 The Protection of Human Rights Act, 1993 was enacted to provide for the constitution of-
1. National Human Rights Commission (NHRC),
2. State Human Rights Commission (SHRC) and
3. Human Rights Courts for the protection of human rights.

Important Provisions of the Act

Chapters Sections Provisions
I 1-2 Preliminary
II 3-11 The National Human Rights Commission
III 12-16 Functions and Powers of the Commission
IV 17-20 Procedure
V 21-29 State Human Rights Commissions
VI 30-31 Human Rights Courts
VII 32-35 Finance, Accounts and Audit
VIII 36-43 Miscellaneous

 Part 1- Definition- Human rights are described as individual rights to life, liberty, equality,
and dignity that are protected by the Constitution or acknowledged in international accords
and are upholdable in Indian courts in Section 2(d) of the Act.
 However, the National Human Rights Commission's authority is constrained by the
aforementioned definition.
 Only the International Covenant on Civil and Political Rights and the International Covenant
on Economic, Social, and Cultural Rights were ratified by India as a result.
 The agreements are not, however, directly enforceable as legal obligations in Indian courts.
 Therefore, the definition of human rights under the Protection of Human Rights Act of 1993
is strictly constrained to the essential freedoms guaranteed by Part Ill of the Constitution and
upheld by Indian courts.

Amendments to the Protection of Human Rights Act, 1993

 The Act has already undergone following amendments. The following is a list of modifying
acts-
 The Protection of Human Rights (Amendment) Act, 2000- The act was changed to provide
the ability to retroactively enact regulations. Therefore, Section 40A was added to the Act.
 The Protection of Human Rights (Amendment) Act, 2006- A few modifications to the
SHRC structure were made in this amendment Act, including a decrease in the number of
SHRC members and a revision to the requirements for membership.
 The NHRC was also given several additional powers by this amended Act, including the
ability to visit jails even without first notifying the state governments.
 The National Commission for the Scheduled Castes and the National Commission for the
Scheduled Tribes Chairpersons shall be deemed to be members of the NHRC, according to
this amending Act.
 The Protection of Human Rights (Amendment) Act, 2019- According to this amending
Act, in addition to the Chief Justice of India, a person who has held the position of Supreme
Court Judge is eligible to be selected as the Chairperson of the Commission.
 Additionally, it stipulates that one of the three Commission members must be a woman.
 It also calls for the Chief Commissioner for Persons with Disabilities, the Chairperson of the
National Commission for Backward Classes, and the Chairperson of the National
Commission for the Protection of Children's Rights to be considered Commission members.
 This amending Act reduced the terms of the Chairperson, Members, and State Commissions
from five to three years, and it also made a judge of a high court eligible to be chosen as the
State Commission's Chairperson.
 A person who has been a Judge of the High Court is also made eligible to be appointed as
Chairperson of the State Commission in addition to the person who has been the Chief Justice
of the High Court; and,
 Confer upon State Commissions, the functions relating to human rights being discharged by
the Union territories, other than the Union territory of Delhi, which will be dealt with by the
Commission.

JUDICIAL ACTIVISM
Origin and Development
 The court is crucial to a nation's efforts to protect and advance its citizens' rights. Judicial
activism refers to the judiciary's proactive role in safeguarding people' rights and defending
the nation's legal and constitutional framework.
 This requires occasionally encroaching into the executive's domains. Candidates should be
aware that judicial activism is intensified in judicial overreach.
 Because to the work of judges V R Krishna Ayer and P N Bhagwati, judicial activism is
viewed as a success in democratising access to justice and providing assistance to
underprivileged populations.
 Judicial activism is described as "judicial philosophy which motivates judges to depart from
the traditional precedents in favor of progressive and new social norms" in The Black's Law
Dictionary.
 The judicial review procedure in the United Kingdom gave rise to the doctrine of judicial
activism.
 An unwritten constitution that permits judicial activism is the British Constitution.
 The unwritten constitution gave rise to the prospect of judicial review under Stuart's rule
(1603-1688), which gave rise to judicial activism.
 Justice Edward Coke introduced the judicial review paradigm in 1610.
 He decided that any statute issued by parliament that is against common law or reason can be
reviewed and ruled illegal by the courts in the Thomas Bonham v. College of Physicians
case (1610).
 Sir Henry Hobart, who replaced Sir Edward Coke as Chief Justice of the Court of Common
Pleas in 1615, embraced this philosophy of judicial review and, consequently, judicial
activism.
 In Madbury v. Madison (1803), the US Supreme Court specifically determined that some
portions of the Judiciary Act of 1801 were unconstitutional.
 This was the first notable decision involving the concept of judicial review. A court
invalidated a piece of legislation for the first time ever in American history.
 Judicial review has become more common in the US ever since the Supreme Court decided
that federal courts have the power to strike down unconstitutional laws.
 However, Arthur Schlesinger Jr. used the precise word "judicial activism" in his article titled
"The Supreme Court: 1947," which was published in the January 1947 issue of Fortune
Magazine.
 He coined the term to describe the American Supreme Court judges at the time as judicial
activists, proponents of restraint, and judges positioned to uphold the Constitution.
 With the landmark case of Brown v. Board of Education (1954), in which the US Supreme
Court ruled unanimously (9-0) that racial segregation in public schools violated the
Fourteenth Amendment to the Constitution, which forbids states from depriving anyone
within their jurisdictions of equal protection under the law, the American judiciary also used
the power of judicial review to usher in the era of judicial activism.
 In addition, the Supreme Court secured such rights that were expressly stated in the
Constitution in the Plessy v. Fergusson (1896) case, which saw it repeal legislation that
considered Black people as a separate class.
 The word "judicial activism" was later employed multiple times, but the first instance of it
being said in court was by a judge was in the 1959 case of Theriot v. Mercer.
 Judge Joseph C. Hutcheson used it to counter a dissenting decision in a related case. He
disapproved of judicial activism and the goals it attempted to achieve.
 Additionally, the usage alluded to the change in connotation that occurred in the middle of
the 1950s. The phrase "judicial activism" was seen as an intrusion by certain judges.
 Additionally, in countries that respected the rule of law, the capacity to engage in judicial
activism became a precondition for the existence of an independent judiciary, and other
contemporary democracies swiftly followed, giving rise to the idea of judicial activism.

Concept of Judicial Activism

 The notion of "judicial restraint" is opposed to "judicial activism."
 The courts are in a position to lean towards one of these ideas in order to fulfil the proper
function because both of these terms are regularly used to characterize the assertiveness of
judicial power and are also utilized from the perspectives of personal and professional views.
 In the United States, phrases like "judicial activism," "judicial supremacy," "judicial
absolutism," "judicial anarchy," and others are frequently used synonymously.
 It is also thought that the phrase "judicial activism" is ascriptive. This suggests that the judges'
actions are determined by their beliefs, viewpoints, ideals, and personal interests.
 There is no clear definition of judicial activism because its scope is so broad.
 Due to the fact that every judge or academic has a distinct definition, it lacks a statutory
definition. Judicial activism is promoted as a legitimate method of judicial scrutiny.
 Thomas Jefferson, on the other hand, calls it the "despotic power" of federal judges.
 Judicial activism, according to V.D. Kulshrestha, happens when the court is given the
responsibility of genuinely taking part in the legislative process and then develops as a
prominent participant in the legal system.
 Nowadays, employing democratic power within the confines of the Constitution, judicial
activism is usually considered as a tool to address executive flaws.
 According to some, judicial activism gives judges the authority to make their own decisions
and serve as independent trustees on behalf of the nation's residents.
 The previous discussion amply supports the notion that "judicial activism" relates to a broader
idea. The phrase's meaning is unclear.
 All of it cannot be encapsulated in a single, succinct definition. Judicial activism can be
described and understood in a variety of ways.
 Over the past few years, judges of the Supreme Court and High Courts have issued a number
of controversial decisions that have provoked vehement discussion.

Significance of Judicial Activism

 When the executive and legislature fail to safeguard individuals' rights and carry out
fundamental constitutional principles, it serves as an effective remedy.
 When all other avenues have been exhausted, the judiciary is the last resort for citizens to
defend their rights.
 The Indian Constitution has traditionally been viewed as being guarded and protected by the
Indian court.
 The constitution has provisions that allow the court to play a proactive role.
 The higher judiciary has the authority to declare any executive, legislative, or administrative
action void if it is in violation of the Constitution under Article 13 read with Articles 32 and
226 of the Constitution.
 Experts claim that the transition from locus standi to public interest litigation made the legal
system more democratic and participatory.
 Judiciary activism challenges the notion that it is merely a spectator.

Relevant Case Laws

 The Supreme Court decisions listed below shed light on how judicial activism evolved in
independent India-
 The Supreme Court operated as a technocratic court throughout the reign of British courts,
but it eventually started to adopt an activist approach.
1. A.K. Gopalan v. the State of Madras (1950), which involved a writ filed to ascertain if
detention without trial violated Article 14, 19, 21, and 22 of the Constitution, was the first
significant case in this area.
According to the Supreme Court, judicial review is authorized under the written Constitution.
Despite the challenge's failure, it did usher in a new tendency in law that became clear in the
years that followed.
2. The government attempted to control the number of pages in connection to the price of the
newspaper in Sakal Newspapers Pvt. Ltd. v. Union of India (1962) in compliance with the
Newspaper Act of 1956 and order of 1960. The Supreme Court concluded that because
newspapers provided a venue for the exchange of ideas and information, they could not be
subject to the same laws as other enterprises. The Constitution's Article 19(1)(a) safeguards
for free speech were expanded by this ruling.
3. The Supreme Court argued that economic backwardness was the main factor contributing to
social backwardness in the case of Balaji v. State of Mysore (1963). Caste should not be
used to measure backwardness, the court concluded, distinguishing caste from class. It was
also determined that the reserved category's share of the total should not be greater than 50%.
The subsets of Articles 15 and 16 as well as Article 14 were deemed to be mandatory. In the
1964 decision of Chitralekha v. State of Mysore, the Court placed similar restrictions on the
reservation.
4. The American judicial system is where the doctrine of prospective overruling originally
originated. It states that a decision made in a particular circumstance will only have an impact
on the future and will not affect choices made in the past retroactively. When addressing the
constitutional validity of the 17th Amendment to the Constitution in Golaknath v. State of
Punjab (1971), the Supreme Court of India invented the concept of "prospective overruling"
 and found that Parliament lacked the authority to amend Part III of the Constitution or to
restrict any of the fundamental rights.
5. The Supreme Court made a ruling in the case of Keshavananda Bharti v. State of Kerala
(1973) that is seen as a turning point in Indian constitutional law. The Court created the "basic
structure" approach as it addressed the reach of the amending authority granted by Article
368 of the Constitution. A 13-judge panel decided by a 7:6 margin that although Parliament
had broad authority to change the Constitution, that authority could not be used to weaken or
eliminate the Constitution's fundamental principles or framework.
6. The most divisive Supreme Court ruling involving judicial activism came from the case ADM
Jabalpur v. Shivkant Shukla (1976), in which Article 21 was raised. In the ADM Jabalpur
case, the majority of the bench decided that in circumstances of extreme emergencies, such
those that occurred between 1975 and 1977, a legal process may be developed that would
allow for the taking of even human life. In light Justice Chandrachud viewed Article 21 and
affirmed the legitimacy of laws requiring acceptance in order to protect the nation's
sovereignty in the event that either internal or external aggression.
7. Maneka Gandhi claimed that the government had infringed her personal freedom by
confiscating her passport in the case of Maneka Gandhi v. Union of India (1978). The
passports' seizure was deemed illegal by the court. The Supreme Court's decision in the A.K.
Gopalan case was overturned, confirming the legality of personal liberty as guaranteed by
Articles 14 and 21.
8. The Supreme Court rejected the government's attempt to overturn the Kesavananda Bharti
ruling and usurp unrestricted power to modify the Constitution to its liking in Minerva Mills
v. Union of India (1980). The Court consequently determined that judicial review is a crucial
component of the legal system and that Parliament is not allowed to expand the scope of the
previously given limited powers.
9. A petition was submitted to the Supreme Court in Hussainara Khatoon v. State of Bihar
(1979) in reaction to news articles describing the circumstances surrounding undertrials in
prison. For the offence they were being held for, some of the defendants had already served
more time than was allowed. Years passed as the cases were languishing before an
overworked court system, and the defendants were unable to post bail because they lacked
the funds to serve as bondsmen and sureties. The petition was accepted as a writ. Justice
Bhagwati and the other judges on the bench ordered their release on personal bonds if they
were unable to raise the necessary bail amount. They argued that a speedy trial was an
unalienable fundamental right that cannot be stopped due to money.
10. According to the court's decision in SP Gupta v. Union of India (1982), anyone with
substantial interest and a serious intention may petition the court on behalf of a citizen who
is in a disadvantaged situation. They contended that because procedures are only the
handmaidens of justice and cannot be disregarded for purely technical grounds, the court
would treat letters as writ petitions and proceed accordingly.
11. In People's Union for Democratic Rights v. Union of India (1982), the Supreme Court
determined that public interest litigation is different from the traditional adversarial judicial
 system. The court asserts that advancing the public good is the main objective of public
interest litigation. To bring justice to the underprivileged and other members of society who
are either socially or economically disadvantaged, public interest litigation was developed.
The legal or constitutional rights of so many people should not be ignored.
12. In the case Municipal Council, Ratlam v. Vardichand (1982), a group of people asked the
court to issue orders directing the elimination of open drains by the local municipal council.
According to the Supreme Court, if "the center of justice is to shift, as indeed the Preamble
to the Constitution mandates, from the traditional individualism of Locus Standi to the
community orientation of public interest litigation, the court must consider the issues as there
is a need to focus on ordinary men," the court must take this into consideration.
13. In Olga Tellis v. Bombay Municipal Corporation (1986), the Supreme Court intervened on
behalf of Bombay pavement dwellers by highlighting the fact that the right to life also
encompasses the right to a means of subsistence. Article 21 recognized the right to a
pollution-free environment as a basic right in the M.C. Mehta case.
14. Gian Kaur v. State of Punjab (1996) overturned this decision, concluding that while Article
21 does include the right to pass away with dignity, the right to life does not encompass the
right to pass away and that suicide is a crime in India.
15. Furthermore, in one of the most well-known instances, Common Cause (A Regd. Society)
v. Union of India (2018), the Supreme Court decided that passive euthanasia is included by
the definition of the right to life under Article 21.
16. Nowadays, the right to privacy is acknowledged as a crucial aspect of the right to life and
personal freedom. The decision in the matter of Justice K.S. Puttaswamy (Retd.) v. Union
of India (2018) upholds the value of a person's private domain. The right to privacy has
expanded greatly since then, and the "right to be alone" is but one component of it. It entails
having the autonomy to engage in intimate sexual behavior as well as other significant
personal decisions free from arbitrary state intrusion.

Human Rights Activism

 Human rights have long been an idea, but the 1948 Universal Declaration of Human Rights
(UDHR) declared them to be "universal human rights."
 The architects of the UDHR understood the necessity for a legal declaration that all people
deserved fundamental rights like the right to life, the right to be free from torture, and the
right to be free from discrimination after the atrocities of World War II.
 Since then, more human rights accords have been created, both binding and non-binding.
However, notwithstanding documents, breaches of human rights continue.
 Around the world, activist groups continue to demand that governments, corporations, and
people be held accountable as long as injustices continue to exist.
 A nongovernmental social movement dedicated to human rights action is referred to as the
"human rights movement."
 Resistance to colonialism, imperialism, slavery, racism, segregation, patriarchy, and the
subjugation of indigenous peoples are the cornerstones of the worldwide human rights
movement.
 The idea that all people should fight together in solidarity for a common set of fundamental
conditions that must be upheld by everyone is a core tenant of the human rights movement.
 The anti-slavery struggle is one example of human rights action that extends back before the
20th century. Historical movements typically had a smaller scope and a more regional focus
than a global one.
 According to one version, the 1899 Hague Convention served as the impetus for the notion
that humans have rights independent of the states that control them.

Important Human Rights issues around the world

 Despite efforts to protect human rights around the world, infractions have become
increasingly common. Following are the some of the instances of the human rights issues
around us-
 Afghanistan invasion
 Afghanistan was recently taken over by the Taliban. The Taliban's stated cease-fire turned out
to be human rights abuses.
 Unjust treatment of Afghan women and children and extrajudicial executions raise severe
humanitarian concerns, but no one appears to have a solution.
 Crisis in Ethiopia
 Internal conflict between the military of Prime Minister Abiy Ahmed and the rebel groups in
Ethiopia's northern Tigray province dates back a long time.
 In addition, there have been stories of children and women from Ethiopia being subjected to
torture and sexual assault.
 The PM's reforms are being resisted by the rebel troops in Tigray, which has sparked a full-
scale offensive there.
 The Rohingya crisis
 Tom Andrews, a UN human rights expert, said, rather correctly, on a recent trip to
Bangladesh, "The world must never forget the one million Rohingya from Myanmar."
 Back in 2017, a substantial portion of a Muslim minority group known as the Rohingyas fled
to Bangladesh from their own Myanmar.
 This resulted from a military attack that committed genocidal acts against the community.
 These Rohingya people are currently living in Bangladesh's overcrowded refugee camps.
 These people, who have been repeatedly denied Myanmar citizenship, lack basic
requirements, are stateless, destitute, and have no freedom of movement.
 Problem with Uighur Muslims in China
 Uighurs, a Muslim minority community, are residents of China's Xinjiang Province, located
in the country's northwest.
 Uighurs have been held captive by the Chinese government in camps near to the north-
western province. Numerous accusations of rape, torture, and forced sterilizations made
against the Chinese have surfaced.
 Sanctions have been levied against Chinese officials who are behind these human rights
violations by a number of nations, including the US, UK, Canada, and the European Union.
 The Chinese, however, have refuted these accusations and have slapped their own sanctions
on European officials. The Uighurs are still in pain despite all of this drama.

Role of NGO in Human Rights

 The protection of human rights and the eradication of human rights violations are the focus
of numerous organizations throughout the world.
 On their vast websites, major human rights organizations list abuses and demand corrections
on both the governmental and grassroots levels.
 Their success depends on public support and denunciation of violations, as human rights
organizations are most successful when their calls for reform are backed by fervent public
lobbying.
 Around the world, citizens rather than government representatives have frequently been the
human rights advocates.
 The survival of humanity depends on the protection of human rights. These rights safeguard
our freedom, as well as our right to life, liberty, and freedom from slavery and torture, among
other rights.
 These are acknowledged norms that fall under the purview of international law. Between the
actual acknowledgment of these rights and the legislation that specify them, there appears to
be a gap, though.
 The current legislative framework on human rights frequently proves to be too much for
weaker parts of society to handle. Thus, non-governmental organizations (NGOs) step in to
help.
 Nongovernmental organizations (NGOs) in particular have been instrumental in drawing
attention to human rights issues within the international community.
 NGOs keep an eye on government behavior and put pressure on them to uphold human rights
ideals.
 Around 840 NGOs from all around the globe participated in the Vienna Conference, which
was organised by the UN, and they made commitments for a joint human rights mission.
 Human rights NGOs work to advance humanity by helping victims of human rights
violations, gathering data on those who violate human rights and reporting it to relevant
authorities, raising awareness of the issue, and educating the public about the value of human
rights.
 The Human Rights Council was founded by the UN in 2007 to safeguard human rights all
throughout the world. NGOs contributed significantly by taking part in the Council's
numerous deliberations.
 They were crucial in calling the Council's attention to various human rights abuses occurring
around the world, offering various types of solutions, and supporting specific resolutions.
 They have played a significant role in applying pressure to their respective governments and
UN bodies to priorities the protection of human rights.
 Following is a list of some of these organizations, along with brief descriptions-
 Amnesty International
 One of the largest human rights NGOs in the world is Amnesty International. This institution,
which was founded in 1961, has played a crucial role in advancing the defence of human
rights all over the world.
 AI has revealed instances of governments, armed militias, political organizations, etc.
violating human rights.
 The AI scrupulously upholds and assures compliance with the UDHR's guiding principles.
Amnesty International received the Nobel Peace Prize in 1977.
 The organization has recently worked on a number of initiatives, such as ensuring that human
rights are not violated in Israel and Palestine's occupied territories, advocating for an
international inquiry into the Beirut explosion in Lebanon last year, delivering aid to war-torn
Syria, assisting with COVID-19 relief efforts, and promoting LGBTQ equality and sexual
reproductive rights globally.
 Amnesty International is a global organization that advocates for universally accepted human
rights.
 With more than 2.2 million members and subscribers in more than 150 countries, they
undertake research, inspire action, and call for justice for those whose rights have been
violated in order to prevent and end serious human rights abuses.
 Children’s Defense Fund (CDF)
 The CDF is a group that advocates for kids and seeks to provide every kid the same
opportunities.
 The CDF supports laws and initiatives that provide kids a chance to escape poverty, safeguard
them from maltreatment and neglect, and uphold their legal entitlement to equal care and
education.
 Human Rights Action Center
 The Human Rights Action Centre is a nonprofit with headquarters in Washington, DC, and is
run by Jack Healey, a pioneering and well-known human rights campaigner.
 The Centre works on topics related to the Universal Declaration of Human Rights and
employs the arts and technology to invent, develop, and establish fresh methods to halt
violations of human rights.
 Additionally, they aid expanding human rights organizations around the globe.
 Human Rights Watch
 Human Rights Watch is committed to defending peoples' human rights all over the world.
 They look into and bring to light human rights abuses, prosecute violators, and call on
governments and people in positions of authority to put an end to wrongdoing and uphold
international human rights legislation.
 Human Rights Without Frontiers (HRWF)
 HRWF concentrates on human rights monitoring, research, and analysis as well as the
national and international promotion of democracy and the rule of law.
 National Association for the Advancement of Colored People (NAACP)
 The NAACP's goals are to end racial prejudice and hatred and to uphold the political,
educational, social, and economic rights of all people.
 Simon Wiesenthal Center
 This respected international Jewish human rights group is committed to gradually remaking
the world.
 By combating anti-Semitism, hatred, and terrorism, advancing human rights and dignity,
supporting Israel, ensuring the safety of Jews everywhere, and imparting the lessons of the
Holocaust to younger generations, the Centre brings about change.
 Milaan Foundation
 An NGO called Milaan Foundation focuses mostly on uplifting young females all around the
nation.
 This charity makes sure that impoverished girls receive all the necessities as well as the right
instruction to defend themselves in the future. Up to this point, the agency has worked with
and assisted almost 40,000 kids in the nation.
 Child In Need Institute
 A non-profit organisation called Child in Need Institute has been authorised in India by the
Societies Registration Act, 1860. This group seeks to improve the lives of underprivileged
kids in the nation. The fundamental goal is to end the nation's social problems of poverty,
illiteracy, and unemployment among the less fortunate.
 Acid Survivors Sahaas Foundation
 Treatment for victims of acid attacks is provided through the Acid Survivors Sahaas
Foundation. Additionally, it guarantees employment and other benefits.
 This NGO is situated in Mumbai and helps about 50 people who have been the victims of
acid attacks in four different states of the nation.
 Committee for Legal Aid to the Poor(CLAP)
 The CLAP strives to offer low-income people legal aid. It works to defend human rights
through the legal system.

REFUGEES
 Refugees are people who have fled their own country because of war, violence, or another
severe violation of their human rights that has rendered them unable to remain there.
 A person who is outside of their country of nationality or habitual residence and is unable or
unwilling to return due to a well-founded fear of persecution because of their race, religion,
nationality, political opinion, or membership in a particular social group is referred to as a
refugee in Article 1(A)(2) of the 1951 Convention.
 There is frequently confusion between the term "migrant" and "refugee." The primary
differentiating component is the motivation behind making the decision to migrate.
 A person who flees their native country because of justified fear or anguish brought on by
violence or a violation of human rights that rendered their way of life untenable is referred to
be a refugee.
 On the other side, a migrant is someone who departs from their own nation in quest of better
employment opportunities or for other economic reasons.
 The distinction between a refugee and a migrant is crucial since refugees are those who are
covered by the 1951 Refugee Convention.

Rights of Refugees
 The refugees are placed in a vulnerable and unstable situation since they are compelled to
leave behind their homes and means of support and travel to a new location.
 It is more crucial to make sure that their human rights are restored and upheld in such a state.
It is crucial that the host nation respects and acknowledges its rights.
 The Non-Refoulement Principle
 Article 33(1) of the 1951 treaty states the concept of non-refoulement. This fundamental
principle relates to the responsibility of the nations to refrain from forcefully returning or
expelling a refugee to a region that puts their life or freedom in risk.
 This concept does, however, contain some exceptions that have been indicated in Article
33(2), under which a refugee may be forced to return to their place of origin, much like all
the other principles.
 If the refugee poses a sufficiently grave threat to the security of the host nation or to its
community, the exception may be allowed.
 The Non- discrimination Principle
 One of the fundamental tenets of all international law is non-discrimination. It is definitely
forbidden to discriminate against anyone based on their gender, religion, language, political
views, or any other factor.
 This policy is upheld by Article 3 of the 1951 agreement, which also requires the states to
implement all laws that adhere to the non-discrimination principle.
 Thus, the right of refugees to be treated equally in the host country is a fundamental one. This
concept must be followed and all provisions must be applied fairly.
 This idea applies to all rights, from granting refugee status to how they are treated and cared
for in the host nation.
 Right to Family
 The family has a right to protection against dissolution or separation since it is seen as a vital
social unit.
 Many family members are frequently split up when refugees are forced to leave their homes
in a climate of terror and chaos.
 This makes kids more vulnerable to abuse and exploitation, making them entitled.
 The "essential right" of maintaining family unity for refugees was reiterated by the
Conference of Plenipotentiaries that adopted the 1951 Convention.
 All refugees have a fundamental right to family life, which has been read to include the right
to family unity. Thus, family reunification in refugee centers is a crucial right to which all
refugees are entitled.
 Right to Work
 Every refugee has a right to this socioeconomic benefit. It gives the refugees a way to support
themselves financially and raise their standards of living.
 Additionally, this lessens the refugees' reliance on the government and its associated costs.
By fostering better communication between immigrants and the local population, it also helps
to create a society that is more united.
 Right to Education
 In order to make it possible for other rights to be realized, education is a necessary
prerequisite.
 A key right that safeguards refugee children from illiteracy, abuse, exploitation, child labor,
and other ills is nondiscriminatory education.
 Additionally, it helps people find better employment so they can become less dependent on
the government for support.
 The Right to Movement
 A fundamental right recognized by Article 26 of the 1951 agreement, which grants refugees
the freedom to choose their place of residence within the territory and to move freely within
the State, is the freedom of movement inside the host country.
 This guarantees that the government won't place exclusive limits on refugees to lock them up
in a certain location.
 The Right to Use Fundamental Facilities
 Additionally, the refugees are entitled to use a number of amenities that guarantee their social
welfare and physical well-being.
 They are entitled to live conditions that are suitable for their health and wellbeing. This
includes the right to access the courts in the event that their rights have been violated and the
right to nondiscriminatory treatment when appearing before the court.
 However, due to a number of issues like poverty, marginalization, and discrimination, many
refugees frequently are unable to access these services.

International legislations on Refugee Law

 Internationally applying law governs the interests of forcibly displaced persons and ensures
them with proper protection and support in the foreign country. The important legal
frameworks for refugees can be studied under three main heads-
1. International refugee law
2. International human rights law
3. International humanitarian law.
International Refugee Law
 The core instruments of the international refugee law are the 1951 Convention relating to the
Status of Refugees and the 1967 Protocol.
 1951 Convention relating to the Status of Refugees
 The 1951 convention, which was created in the wake of World War 2, established the
framework for international refugee law. It defines the term "refugee" and its application,
outlines the obligations of refugees in their host nation, and outlines the duties of the states
towards them.
 Additionally, it provides one of the fundamental tenets to guarantee that refugees are not sent
back to their home country where there is a serious risk to their lives or fundamental human
rights.
 The convention was created in the backdrop of the Second World War, and as a result, the
definition of refugees was geographically and temporally restricted to events that occurred in
Europe prior to January 1, 1951.
 But as time went on, it became clear that a global tool was required to guarantee the protection
of the migrants. This prompted changes and the 1967 Protocol's adoption.
 1967 Protocol
 The 1951 convention's restrictions were to be lifted by the protocol, which remained closely
tied to the convention overall.
 It overcame the constraints imposed by time and place by redefining the meaning of the term
"refugee."
 The agreement ensures that all individuals who fall within the updated definition of a refugee
will be subject to the fundamental provisions of the 1951 convention.
International Human Right Law
 UDHR 1948
 The international refugee law must abide by a number of fundamental rights enshrined in the
Universal Declaration of Human Rights in order to function properly. In particular, Article
14(1) guarantees the right to apply for and receive refuge abroad.
 The human rights law outlines the fundamental rights that all people, including refugees, are
entitled to, as well as the states' responsibility to uphold, defend, and fulfil those rights.
International Humanitarian Law
 Geneva Conventions of 1949 and the Additional Protocols agreed in 1977
 In the midst of internal conflicts or warlike events, many people become refugees.
 They are covered under the principles of international humanitarian law that deal with the
rules of war or armed conflict.
 The Additional Protocols of 1977 and the 1949 Geneva Conventions both address a
significant portion of this regulation.
 These provide protection for individuals who abstain from combat or are unable to engage in
it. This is applicable to a wide spectrum of people, including both civilians and troops who
are ill or injured.
 By doing this, the conflict's impact on the group members who are not actively involved is
reduced.
 HUMAN RIGHTS LAW AND PRACTICE
UNIT-V

NATIONAL HUMAN RIGHTS COMMISSION

 The National Human Rights Commission, also known as the NHRC, is an independent agency
of the Indian government with the responsibility of advancing and defending human rights.
 It is a statutory organization specified in the Indian Constitution that was founded in 1993 in
accordance with the "Protection of Human Rights Act."
 According to the Protection of Human Rights Act of 1993, which was revised in 2006, the
National Human Rights Commission (NHRC), which was formed in 1993, is a legally
recognized autonomous body.
 Human rights are an essential component of society, and the NHRC monitors them in India.
 The NHRC serves as a countrywide watchdog for human rights.
 The NHRC examines a person's rights to life, dignity, liberty, and equality as those terms are
specified in Section 2(1) of the Act.
 They are protected by the Indian Constitution, reflected in international covenants, and upheld
by Indian courts.
 The Paris Principles of Human Rights, adopted in 1991 for the promotion and preservation of
Human Rights, and supported by the United Nations at its General Assembly in 1993, served
as the foundation for the creation of the National Human Rights Commission (NHRC).
 Historical Framework
 The UDHR (Universal Declaration of Human Rights) was adopted by the UN in 1948.
 The National Human Rights Institutions (NHRI) created the Paris Principles in 1991.
 These Paris Principles were approved by the UN in 1993 during its General Assembly.
 India passed the Protection of Human Rights Act in 1993.
 The National Human Rights Commission (NHRC) was eventually established as a result of
this.
 State governments were able to create the State Human Rights Commission under the
Protection of Human Rights Act.
 Composition of NHRC
 The National Human Rights Commission (NHRC) is composed of a chairperson and eight
other members.
 Those eight members are- Four full-time members and four deemed members.
 Chairman of NHRC- Retired Chief Justice of India
 Member 1- One who is/has been a Judge of Supreme Court of India
 Member 2- One who is/has been a Chief Justice of a High Court
 Two Members- Candidates with the knowledge or practical experience in the matters of
Human Rights
 Deemed Members (Ex-officio Members)- Deemed members are chairpersons of the below
national commissions-
1. National Commission for Minorities
2. National Commission for Scheduled Castes
3. National Commission for Scheduled Tribes
4. National Commission for Women

 Appointment of Members
 A Selection Committee will recommend the candidates to the President.
 The Selection Committee includes:
1. Prime Minister (Chairman)
2. Speaker of Lok Sabha
3. Union Home Minister
4. Deputy Chairman of Rajya Sabha
5. Leaders of the Opposition in both Houses of the Parliament
 Functions of NHRC
 According to Section 12 of the Protection of Human Rights Act, 1993, the National Human
Rights Commission (NHRC)'s duties include investigating claims of human rights violations
or carelessness on the part of public employees in preventing such violations.
 The Commission also researches international agreements and human rights treaties, and it
advises the government on how best to put them into practice.
1. Any allegations of human rights abuses in India may be investigated by the NHRC either on
its own initiative or in response to a petition.
2. The NHRC has the authority to intervene in any legal proceeding involving a claim of a human
rights violation.
3. To see the living circumstances of convicts, it is permitted to visit any jail or institution under
the supervision of the state governments. Additionally, it can provide advice depending on its
observations to the authorities.
4. The National Human Rights Commission (NHRC) can examine the Constitutional clauses that
protect human rights and recommend the appropriate corrective actions.
5. The NHRC also encourages human rights-related research.
6. The NHRC encourages media-based human rights knowledge and awareness across a range
of social sectors.
7. The NHRC has the authority to advise the Central and State Governments on appropriate
actions that can be taken to stop violations of human rights in India.
8. The NHRC submits an annual report to the President of India, which is then presented to both
Houses of Parliament.

 Removal of a Member of the Commission

 Section 5 of the Protection of Human Rights Act, 1993, lays down the procedures and ground
for the removal of any member of the Commission.
 Further, the President can remove the Chairperson or any other member if he-
1.Is adjudged an insolvent
2.Engages during his term of office in any other paid employment outside the duties of his office
3.Is unfit to continue in office by reason of infirmity of mind or body
4.Is of unsound mind and stands so declared by a competent court
5.Is convicted and sentenced to imprisonment for an offence, which in the opinion of the
President involves moral turpitude.
 Additionally, the Chairperson or any other member of the Commission can only be removed
from his office by the order of the President on the ground of proved misbehavior or incapacity.
 However, in these cases, the President is supposed to refer the matter to the Supreme Court
for conducting an inquiry.
 If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the
President can remove the Chairperson or a member of NHRC.

 Powers of Commission relating to inquiries

 While inquiring into complaints under the Act, the Commission shall have all the powers of a
civil court trying a suit under the Code of Civil Procedure, 1908, and in particular the
following, namely-
1. Summoning and enforcing the attendance of witnesses and examining them on oath
2. Discovery and production of any document
3. Receiving evidence on affidavits
4. Requisitioning any public record or copy thereof from any court or office
5. Issuing commissions for the examination of witnesses or documents
6. Any other matter which may be prescribed.

National Commission for Minorities

 In India, the term "minority" is generally used to refer to non-Hindu communities, while it has
several additional meanings.
 According to their religion, language used, caste, tribal status, and other factors, minorities
can be categorized.
 But under Section 2(c) of the National Commission for Minorities (NCM) Act, 1992, the
minority communities recognized by the Indian government are Muslims, Christians, Sikhs,
Buddhists, Zoroastrians, and Jains.
 The term "minority" hasn't been defined in either the legislation or the Constitution, and there
isn't a single, globally recognized definition of the phrase either.
 Population and religion have been the determining factors in India's minorities' scope of status.
 Constitutional Provisions for Minorities
 There are numerous measures to protect minorities' rights in the Indian Constitution.
 The Constitution's Preamble states that India is a secular state.
 Article 15 forbids discrimination in any kind based on racial, religious, caste, sexual,
ancestral, place of birth, or residential grounds.
 Article 16 forbids discrimination on the basis of race, religion, caste, language, or any other
characteristic in public service.
 In the case of government offices, this ensures that all Indian citizens would have equal
employment chances.
 According to Article 25 of the Indian Constitution, everyone has the basic right to profess,
practice, and promote any religion.
 As long as it does not interfere with the public order, morals, or the health of any individual,
this article permits minority communities to adhere to their beliefs and practises without
interference.
 However, the State has the authority to control secular activities like financial, political, and
commercial ones that are connected to religious practises.
 The freedom to manage one's own religious affairs is granted by Article 26 to religious
denominations or any such groups.
 This freedom includes the management of institutions for religious and philanthropic purposes
as well as the ownership, acquisition, and management of both movable and immovable
property. Once more, this right is constrained by law, morality, and public safety.
 Article 27 forbids any attempt to force residents to pay taxes with the intent of using the
money to further a specific religion.
 Unless there is a necessity in the terms of the endowment or trust by which the school has
been founded about imparting such religious instruction, Article 28 forbids state-funded
educational institutions from offering religious instruction.
 Additionally, it grants any student the right to refuse to take part in any religious teaching
offered by the institution.
 Article 29 of the Constitution stipulates that residents will not have their admittance to
educational institutions rejected based on their race, language, religion, or caste, as well as the
right to preserve their language, script, and culture.
 Regardless of whether a group has been designated by the state as a minority or not, everyone
in society has access to this right.
 For the protection of minority rights in India, Article 30 is essential. It gives minorities the
freedom to create and run educational institutions, and it forbids the State from discriminating
when it comes to providing financial support to such organizations.
 However, the State has the authority to regulate these educational establishments. Although
the term "minorities" is used in this article, the Indian Constitution does not define it.
 In a number of cases, the judiciary has attempted to linger on this issue.
 Formation
 In 1978, setting up of the Minorities Commission (MC) was envisaged in the Ministry of
Home Affairs Resolution.
 In 1984, the MC was detached from the Ministry of Home Affairs and placed under the newly
created Ministry of Welfare, which excluded linguistic minorities from the Commission’s
jurisdiction in 1988.
 In 1992, with the enactment of the NCM Act, 1992, the MC became a statutory body and was
renamed as the NCM.
 In 1993, the first Statutory National Commission was set up and five religious communities
viz the Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as
minority communities.
 In 2014, Jains were also notified as a minority community.
 Composition
 NCM consists of a Chairperson, a Vice-Chairperson and five members and all of them shall
be from amongst the minority communities.
 Total of 7 persons to be nominated by the Central Government should be from amongst
persons of eminence, ability and integrity.
 Tenure
 Each Member holds office for a period of three years from the date of assumption of office.
 Functions
 Evaluation of the Union's and the States' progress in the development of minorities.
 Monitoring the effectiveness of the minority' protections outlined in the Constitution and in
laws passed by the state and federal legislatures.
 Ensures that the programmes for minority communities are effectively running and that the
Prime Minister's 15-Point Programme for the Welfare of Minorities is implemented.
 Making suggestions for the central or state governments' efficient execution of measures to
protect minorities' interests.
 Investigating particular complaints regarding minorities' rights being violated and raising such
issues with the relevant authorities.
 Investigates riots and disputes between communities.
 The panel looked into the 2012 Bodo-Muslim conflicts in Assam and the 2011 communal riots
in Bharatpur, for instance, and reported its findings to the government.
 Every year on December 18, the world commemorates Minorities Rights Day to recognize the
United Nations' approval of the "Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities" in 1992.
 Removal Process of Chairperson and Members of NCM
 The Central Government can remove the Chairperson or any member in the following cases-
1. Insolvent: If he/she becomes an undischarged insolvent,
2. Moral turpitude: If he/she is convicted and sentenced to imprisonment for an offence which,
in the opinion of the Central Government, involves moral turpitude.
3. Unsound mind: If he/she becomes of unsound mind and stands so declared by a competent
court;
4. Incapable: If he/she refuses to act or becomes incapable of acting;
5. Absent: If he/she is, without obtaining leave of absence from the Commission, absent from
three consecutive meetings of the Commission; or
6. Abuse of Power: If he/she has, in the opinion of the Central Government, so abused the
position of Chairperson or Member as to render the person’s continuance in office detrimental
to the interests of minorities or the public interest.

National Commission for Safai Karamcharis

 The NCSK was established in the year 1993 as per the provisions of the NCSK Act 1993 to
give its recommendations to the Government regarding specific programmes for welfare of
Safai Karamcharis.
 The NCSK Act ceased to have effect from 29th February, 2004. After that the tenure of the
NCSK has been extended as a non-statutory body from time to time through resolutions.
 It studies and evaluates the existing welfare programmes for Safai Karamcharis, investigates
cases of specific grievances etc.
 As per the provisions of the Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act, 2013, the NCSK has been assigned the work to monitor the implementation
of the Act, tender advice for its effective implementation to the Center and State Governments
and enquire into complaints regarding contravention/non-implementation of the provisions of
the Act.
 The Chairperson and Members of the Commission undertake extensive touring of the country
to study the socio-economic and living conditions of Safai Karamcharis and their dependents.
 The Commission calls for the factual reports in connection with these complaints/petitions
from the concerned authorities and impress upon them to redress the grievances of the affected
Safai Karamcharis.
 It was launched as a statutory body, however, it has continued as a non-statutory body since
2004.
 It was formed under the act called ‘National Commission for Safai Karamchari Act 1994.’
 The NCSK Act 1994 lapsed in 2004.
 The term of the NCSK was extended for the first time in 1997.
 Definition of Safai Karamchari – “Safai Karamchari means a person engaged in, or employed
for any sanitation work and includes his/her dependants.”
 Functions
 The National Commission for Safai Karamcharis has the authority to request information from
the federal government or any other authority regarding any topic pertaining to its functions.
 The NCSK carries out the following duties-
 It makes recommendations to the central government for particular programmes of action that
have as their goal the eradication of status, opportunity, and facility disparities experienced by
the safai karamcharis.
 It investigates and assesses the use of such projects and schemes, particularly scavengers, that
are introduced for the social and economic rehabilitation of safai karamcharis.
 It raises issues with the relevant authorities, state governments, and/or the federal government
for-
1. Plans and schemes for any group of safai karamcharis are not implemented.
 2. Any such judgements that seek to lessen the suffering of safai karamcharis are not carried
out.
3. The failure to take action to bring up the safai karamcharis economically and socially.
4. No legal provision pertaining to safai karamcharis was put into effect.
 It researches and keeps an eye on the working circumstances for safai karamcharis hired by a
variety of employers, including as government agencies, municipalities, panchayats, etc.
 In relation to issues involving safai karamcharis, it creates reports and presents them to the
state and federal governments.
 It keeps an eye on how the 2013 "Prohibition of Employment as Manual Scavengers and Their
Rehabilitation Act" is being implemented.
 According to the Manual Scavengers Act of 2013, it also investigates complaints regarding
violations of any act-related law and refers them to the appropriate authority.
 It takes immediate notice of all problems relating to the failure to implement the provisions of
Manual Scavengers Act 2013.
 Members of the National Commission for Safai Karamcharis
 The organizational structure of the commission is as follows-
1. Chairperson
2. Vice-Chairperson
3. 5 members
4. Secretary
5. Deputy Directory (R&D)
6. Under Secretary (Administration)
7. Assistant Director (R&D)
8. Section Officer (Administration)
 National Safai Karamcharis Finance and Development Corporation
 The National Safai Karamcharis Finance and Development Corporation is a not-for-profit
organisation that was founded on January 24, 1997.
 The National Safai Karamcharis Finance and Development Corporation is currently covered
by Section 8 of the Companies Act of 2013.
 It is a fully owned Indian Government Undertaking that reports to the Ministry of Social
Justice and Empowerment.
 This corporation's primary goal is to improve the social and economic standing of Safai
Karamcharis, Scavengers, and their dependents.

National Commission for Woman

 The main intention for the establishment of the National Commission for Women was to
ensure equal livelihood for women by making constitutional amendments and laws that favor
them.
 The commission was formed to prevent any kind of violence or exploitation against women.
Women are vulnerable and the problems faced by them are numerous and such a commission
was established to resolve such issues concerning their rights.
 It is the state necessity to set up such commissions to address the grievances of women in the
country. Keeping in mind the interest of all the National Commission for Women Bill 1990
was introduced in the Lok Sabha.
 In accordance with the National Commission Act of 1990, the National Commission for
Women was established in 1992.
 It is a commission with the power to assess the nation's constitutional protections for women.
The commission's major proposal is to make it easier for dispute resolution processes and to
enact legislation to reduce inequality.
 It offers recommendations to the government on how to develop laws and policies that are
more likely to defend and uphold the rights of women.
 The commission is also endowed with the same authority as a civil court. The first commission
was established on January 31st, 1992, and Jayanti Patnaik served as its chair.
 Alok Rawat IAS was the first male member of the National Commission for Women.
 Objective
 The National Commission for Women's noteworthy accomplishment was creating gender
profiles. The Parivarik Mahila Lok Adalat was then established as a result of their initiative to
advance women's rights.
 The Indian Penal Code of 1860, the Pre-Conception & Pre-Natal Diagnostic Techniques Act
of 1994, the Dowry Prohibition Act of 1961, and other legislation were assessed and revised
for the better enforcement of the National Commission for Women Act of 1990's provisions.
 Create and manage outlets for consultations and awareness workshops. The following are
NCW's goals-
1. To make recommendations to the government regarding women's initiatives
2. A forum for resolving complaints
3. To offer suggestions for legislative actions
4. To evaluate women's legal and constitutional protections.
 Working
 In its capacity as a statutory organization, it acts to preserve and defend women.
 The National Commission for Women Act of 1990 governs how it operates.
 It uses the commission's important recommendations and ideas as the foundation for its
strategic objectives to advance the rights and well-being of women.
 Authority of NCW
 Offer advice on all significant women's policy issues.
 issuing a summons for the investigation of witnesses and documents.
 It has the authority to make any record public.
 Receiving affidavit-based evidence.
 Documents are found and produced.
 Enforcement and summons.
 Composition
 A chairperson, a member secretary, and five other members make up the commission.
 The Central Government designates the NCW's chairperson. The member secretary is also
chosen by the Central Government.
 The member secretary must to be a management specialist.
 He or she is a member of a group or is one of its officers.
 The Central Government should choose five members who possess talent, reputation, and
honesty.
 They ought to have experience in areas such as management, administration of nonprofit
organisations run by women, economic and social development, and so forth.
 Functions
 The NCW's functions are complex, thus they must be implemented well. To deal with
concerns, it collaborates with the regulatory body.
 The functions of the National Commission for women are as follows-
1. Presentation of reports- Table reports should be submitted to the Central Government every
year. When the commission feels it’s appropriate. The reports upon the functioning and
working of the safeguards.
2. Investigation and Examination- There should be proper investigation and examination made
under the Constitution and other laws. This is related to the protection of the rights of women.
3. Review- Constantly all laws are reviewed and scrutinised. And necessary amendments and
alterations are made to meet the needs of the current world. This is to meet any break,
incapacity or any inadequacies in the legislation.
4. Cases of Violation- Ensure there is no violation against women and taking due care of such
cases.
5. Suo Motu Notice- It takes care of complaints and also suo motu matters about the deprivation
of rights of women. Implementation of laws favouring the welfare of women.
6. Evaluation- Assessing the development and the progress of the women community under the
Center and State level.
7. Recommendation- To suggest the wellbeing of women and their rights.
8. Special studies and investigation- To understand the limitations in the system and curb it
with strategic plans and mechanisms.
9. Research- To make research and study to understand the needs of women, healthcare and
such related components. This is to make a proper support system to help the women in need.
10.Participation in all spheres particularly in planning- Take measure to facilitate economic
and social development and improvement of women by recognising their rights.
11.Inspection- Inspect the jail, remand home to ensure that the women staying here are not
exploited as they are vulnerable.
12.Funding and Reporting- Ensure there is a fund for litigation of matters relating to women
rights. There should be periodical reports made under the difficulties faced by women daily.

 Reforms and Suggestions

 The following are the main concerns regarding how the National Commission for Women
operates-
1. The grants provided by the federal government are integrated into how the National
Commission for Women operates. The Commission receives incredibly little financial support
to meet its needs.
2. The National Commission for Women does not have the authority to choose its members
because all of its members are appointed by the government.
3. Concrete legislative authority is lacking for the National Commission for Women. It simply
has the authority to make change suggestions and submit reports.
 The National Commission for Women's recommendations were not enforceable by any State
or Central Government.
 A person or thing has a responsibility to act if a problem occurs. Numerous incidents of abuse
against women go unreported.
 The fear factor prevents this instance from being revealed. The National Commission for
Women has rigorous standards for the reforms and recommendations that it accepts.
 Providing therapy and assistance to rape survivors through more efficient rehabilitation.
organizing workshops to raise awareness among everyone.
 Starting with every home in the nation's families, or at the grassroots level, equality with a
true sense of empowerment is established.
 To ensure women's health and hygiene, more money should be spent on healthcare and
sanitation facilities. Create appropriate support networks and support groups to boost women's
spirits.
 This will guarantee their well-being and create facilities for women's personal growth and
integrity.
 To employ women in small work so that they are independent and ensure that they are not
exploited. This will give them a sense of security. Finally educating them about their rights
and liberty.

National Commission for Backward Classes

 The 123rd Amendment Bill of 2017 and the 102nd Constitutional Amendment Act of 2018
that added Article 338 B to the Indian Constitution recognized the 1993 National Commission
for Backward Classes (NCBC) as a constitutional body.
 The 102nd Constitutional Amendment Act of 2018 was approved with a two-thirds majority.
In 1993, the NCBC Act was passed to address the needs of underprivileged groups.
 Kaka Kalelkar panel, the first backward class panel, was established on January 29, 1953.
 The method used by the commission to establish the standards for classifying people as
belonging to the backward classes did not meet the standards set by the central government.
 In Indra Sawhney case of 1992, Supreme Court had directed the government to create a
permanent body to entertain, examine and recommend the inclusion and exclusion of various
Backward Classes for the purpose of benefits and protection.
 In pursuant to these directions’ parliament passed National Commission for Backward Classes
Act in 1993 and constituted the NCBC.
 123rd Constitution Amendment bill of 2017 was introduced in Parliament to safeguard the
interests of backward classes more effectively.
 Parliament has also passed a separate bill to repeal the National Commission for Backward
Classes Act, 1993, thus 1993 act became irrelevant after passing the bill.
 The bill got the President assent in August 2018 and provided the constitutional status to
NCBC.
 Structure of NCBC
 The Commission consists of five members including a Chairperson, Vice-Chairperson and
three other Members appointed by the President by warrant under his hand and seal.
 The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other
Members is determined by President.
 Constitutional Provisions regarding NCBC
 According to Article 340, it is important to recognize those "socially and educationally
backward classes," comprehend the causes of their backwardness, and offer solutions to ease
their problems.
 New Articles 338 B and 342 A were inserted by the 102nd Constitution Amendment Act.
 Additionally, the revision modifies Article 366.
 The NCBC is empowered by Article 338B to investigate complaints and welfare programmes
involving socially and educationally disadvantaged sections.
 The President is given the authority to name socially and educationally backward classes in
various states and union territories under Article 342 A.
 He may do this after speaking with the governor of the relevant State.
 However, if the list of disadvantaged classes is to be changed, a bill passed by Parliament will
be necessary.
 Powers and Functions of NCBC
 The commission looks into and keeps track of all issues pertaining to the protections offered
to socially and educationally disadvantaged classes under the Constitution or under any other
law to assess how well they are operating.
 It takes part in, offers advice on, and assesses the socioeconomic advancement of the
economically and socially underdeveloped classes under the Union and any State.
 It provides the President with reports on the effectiveness of those safeguards once a year and
at other times the Commission may deem appropriate. Such reports were presented to each
House of Parliament by the President.
 A copy of any such report must be provided to the State Government of each jurisdiction where
any such report, or any portion thereof, relates to a matter of concern.
 NCBC is required to carry out any additional duties related to the defence, welfare,
development, and progress of the economically and socially underprivileged classes that the
President may, subject to the terms of any laws passed by Parliament, by regulation, define.
 While hearing a case, it possesses all the civil court's authority.
 Benefits of NCBC
 Ensuring justice for the disadvantaged social and educational groups in society.
 Address the issues that the lower classes are worried about, and promote social equality.
 Assist the oppressed classes in battling atrocities committed against them and ensuring swift
justice.
 It is a good idea to include a lady from the underprivileged classes on the proposed
Commission.
 It wouldn't also infringe on state governments' powers because they would establish their own
commissions for the underprivileged classes.
 The National Commission for Scheduled Castes and the National Commission for Scheduled
Tribes are now on same footing with the NCBC.
 Challenges
 Many states still do not give the OBCs a 27% reservation.
 Simple acts won't cut it because they didn't reach the grassroots level; according to current
data, just 7 out of 100 lecturers in the Central Universities were OBC or SC.
 OBCs seldom ever appear in cases before the Supreme Court or high courts.
 Unbalanced representation of OBCs on various boards, commissions, committees, and other
governmental bodies.
 The government is not required to follow the commissions' recommendations.
 When NITI Aayog encourages public-private partnerships and the privatization of public
sector organizations, some question the scope of reservation.

National Commission for Scheduled Caste

 Initially, Article 338 of the constitution allowed for the appointment of a Special Officer.
 The Commissioner for Scheduled Castes and Scheduled Tribes was given to this particular
officer.
 In 1987, the government decided to create a multi-member panel for the welfare of the SCs
and STs rather than a single-member body after pressure from several Members of Parliament.
 The National Commission for Scheduled Castes and Scheduled Tribes, which now has
multiple members, took the place of the one-member system created by the 65th Amendment
to the Constitution.
 Article 338 of the Constitution was changed by the Constitution (65th Amendment) Act of
1990. Aside from the Chairman and Vice-Chairman of the Commission, the newly established
National Commission for Scheduled Castes and Scheduled Tribes had five members.
 The 89th Amendment in 2003 replaced this Commission with the following with effect from
2004-
1. National Commission for Scheduled Castes
2. National Commission for Scheduled Tribes
 The first National Commission for Scheduled Castes was formed in 2004 under the
chairmanship of Suraj Bhan.
 Structure
 It consists of-
1. Chairperson.
2. Vice-chairperson.
3. Three other members.
 They are appointed by the President by warrant under his hand and seal.
 Functions
 Monitoring and looking into any matter involving the protections the constitution offers the
SCs.
 Investigating allegations about the SCs' being deprived of their protections and rights.
 Participating in and providing advice to the federal or state governments for the planning of
the SCs' socioeconomic development.
 The President of the nation is regularly updated on the application of these measures.
 advising actions that should be made to further the socioeconomic development and other
welfare initiatives of the SCs.
 Any additional duties related to the progress, protection, development, and welfare of the SC
community.
 Similar duties must also be performed by the Commission with relation to the Anglo-Indian
Community as they are with regard to the SCs.
 Till 2018, the commission was also required to discharge similar functions with regard to the
other backward classes (OBCs). It was relieved from this responsibility by the 102nd
Amendment Act of 2018.
 Other Constitutional Provisions for Upliftment of the Schedule Caste
 Article 15(4) refers to the special provisions for their advancement.
 Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts
in the services under the State in favor of SCs/STs, which are not adequately represented in
the services under the State’.
 Article 17 abolishes Untouchability.
 Article 46 requires the State ‘to promote with special care the educational and economic
interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and
the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
 Article 335 provides that the claims of the members of the Scheduled Castes and the
Scheduled Tribes shall be taken into consideration, consistently with the maintenance of
efficiency of administration, in the making of appointments to services and posts in connection
with the affairs of the Union or of a State.
 Article 330 and Article 332 of the Constitution respectively provide for reservation of seats
in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and in
the legislative assemblies of the States.
 Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the
Municipalities, reservation for SC and ST in local bodies has been envisaged and provided.
 National Commission for Scheduled Tribes
 Through the 89th Constitution Amendment Act of 2003, which amended Article 338 and
added a new article 338A, the NCST was established in 2004. It is a constitutional body as a
result.
 The National Commission for Scheduled Castes (NCSC) and the National Commission for
Scheduled Tribes (NCST) have taken the place of the former National Commission for
Scheduled Castes and Scheduled Tribes (NCSC) as a result of this reform.
 Objective
 The NCST is given authority under Article 338A, among other things, to monitor the
implementation of the various safeguards afforded to Scheduled Tribes (STs) under the
Constitution, under any other law currently in effect, or under any other order to the
Government, and to assess how well these safeguards are functioning.
 Composition
 It consists of a Chairperson, a Vice-Chairperson and 3 other Members who are appointed by
the President by warrant under his hand and seal.
 At least one member should be a woman.
 The Chairperson, the Vice-Chairperson and the other Members hold office for a term of 3
years.
 The Chairperson has been given the rank of Union Cabinet Minister, the Vice Chairperson has
the rank of a Minister of State and other Members have the rank of Secretary to the
Government of India.
 The members are not eligible for appointments for more than two terms.
 Duties and Functions of the NCST
 To look into and keep an eye on all issues pertaining to the protections offered to ST by the
Constitution, any other current law, or any government order.
 To look into particular concerns regarding the infringement of the ST protections and rights.
 To review the status of the ST development and to participate in and provide advice during the
planning process for their socioeconomic growth.
 Annually and as needed, the Commission shall report to the President on the effectiveness of
those protections.
 To include suggestions in such reports regarding the actions that the Union or any State should
take to effectively implement those safeguards.
 The President, subject to the provisions of any law made by Parliament, may, by rule,
discharge any other functions relating to the protection, welfare, development, and
advancement of the STs.
 Constitutional Provisions
 Article 366(25)- It only provides a process to define STs as “STs means such tribes or tribal
communities or parts of or groups within such tribes or tribal communities as are deemed
under Article 342 to be Scheduled Tribes for the purposes of this Constitution.”
 Article 342(1)- The President with respect to any State/UT (after consultation with the
Governor in case of state) may specify the tribes/tribal communities/part of or groups within
tribes/ tribal communities as a Scheduled Tribe in that State/UT.
 Fifth Schedule- It lays out provisions for the Administration and Control of Scheduled Areas
and STs in states other than 6th Schedule States.
 Sixth Schedule- Deals with the administration of the tribal areas in Assam, Meghalaya,
Tripura and Mizoram.
 HUMAN RIGHTS LAW AND PRACTICE
UNIT-I
 HUMAN RIGHTS
Meaning
 Humans are sensible creatures and have certain fundamental, unalienable rights often
referred to as human rights by virtue of being human.
 Human rights are therefore those rights to which every person is entitled simply by virtue of
being a human.
 Since individuals are entitled to these rights by virtue of their own existence, they take effect
the moment they are born.
 Because they are a natural right, human rights belong to everyone, regardless of caste, creed,
religion, sex, or nationality.
 As human rights are inalienable, people cannot exist as humans without them. These rights
are necessary for everyone because they uphold each person's freedom and dignity and
promote their physical, moral, social, and spiritual well-being.
 All people have the same basic rights, regardless of their gender, color, nationality, ethnicity,
language, religion, or any other distinction.
 Human rights cover a wide range of rights, such as the freedom from slavery and torture, the
right to life and liberty, the freedom of speech, the right to a job and an education, among
many more.
 These rights apply to everyone without exception.
 Human rights, which are usually protected by both domestic and international law, are moral
principles or rules for particular standards of human behavior.
 They are typically considered as unalienable, fundamental that are "inherent in all human
beings" and to which a person is fundamentally entitled just by virtue of being a human
being.
 These necessarily apply no matter who you are, what you believe, or how you live your life.
 While they can occasionally be curtailed, like as when someone defies the law or for reasons
of national security, they can never be taken away.
 These fundamental rights are founded on universal principles like independence, fairness,
equality, respect, and dignity.
 These principles are outlined and safeguarded by legislation.
 The word "human rights" is a general one that includes social, economic, cultural, and civil
rights as well as civil liberties.
 Thus, it is challenging to provide a specific meaning of the phrase "human rights."
 Nonetheless, it might be argued that all humans have human rights just by virtue of being
human.
 No one may be denied these rights without committing a serious injustice. The reason for
this is that they might impair human dignity.
 Definitions
 The Universal Declaration of Human Rights, 1948 defines Human Rights as- “Rights
derived from the inherent dignity of the human person.”
 The World Conference on Human Rights held in 1993 in Vienna stated in the Declaration
that, “All human rights derive from the dignity and worth inherent in the human person, and
that the human person is the central subject of human rights and fundamental freedoms.”
 Justice D.D. Basu defines human rights as “Those minimum 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 other consideration.”
 Justice Krishna Iyer observed: “Human rights are writ on a large canvass, as large as the sky.
The law-makers, lawyers, and particularly judge, must make the printed text vibrant with
human values.”
 According to Section 2(d) of The protection of Human Rights Act, 1993, “Human rights
means the right relating to life, liberty, equality and dignity of individual guaranteed by the
constitution or embodied in international covenants and enforceable by courts in India.”
 According to Susan Moller Okin, “Human Rights as a claim to something of the crucial
importance of human rights”.
 According to Tiber Macham, “Human Rights are universal and irrevocable elements in a
scheme of justice. Accordingly, justice is the primary moral virtue within human society and
all rights are fundamental to justice”.
 According to Joel Feinberg, “Human Rights as moral rights held equally by all human
beings, unconditionally and unalterably”.

Object of Human Rights

 To protect human beings from oppression.
 To promote respect, dignity and understanding.
 Promote social justice and harmony among people and nations.
 To work towards the sovereignty and self-determination of entities with historical, cultural
and ecological identity.

Characteristics of Human Rights

 Human rights are fundamental in nature- These rights are vital and required because
without them, society would be in a terrible situation. There would be anarchy and chaos
everywhere. For people to be lifted up, human rights are essential.
 Human Rights are Universal- All the people are entitled to human rights and there is no
discrimination. All people have access to these rights equally, regardless of their many
individual distinctions.
 Human Rights are not absolute- Each right has its restrictions, which are essential for the
general well-being, stability, and morality. These freedoms are restricted.
 Human Rights are Inalienable- Human rights are inalienable in nature. Nobody can
deprive a person of these rights. Moreover, human rights are inalienable because-
 They cannot legitimately be taken away.
They cannot be forfeited or given away.
 Human Rights are Interdependent and Interrelated- Human rights are reliant on other
rights in order to exist. Each one assists in the attainment of a person's human dignity by
meeting his or her requirements for development, bodily well-being, psychological support,
and spiritual fulfilment. A right's fulfilment frequently depends entirely or partially on the
fulfilment of other rights.
 Human Rights are Dynamic in nature- These rights are not fixed in place. They are
adaptable to the current circumstances and settings. As the state's socio-ecological-cultural
and political landscape changes, so do human rights. Judges must use legal doctrines in ways
that are consistent with shifting social norms.
 Human Rights are Irrevocable- No one has the authority to revoke a person's human rights.
These fundamental rights cannot be taken away from a person by any power or authority.
They cannot be taken away by any authority or power since they are a product of human
society and the social essence of man. As a result, moral rights and human rights are identical.
No government has the authority to limit or revoke rights that are sacred, untouchable, and
unalterable.
 Deeply linked to dignity- These human rights are closely related to the dignity of those who
live in a society. Due to the intrinsic dignity of every human being, all people are on an equal
footing. There shouldn't be any discrimination based on someone's race, color, ethnicity,
gender, age, national origin, language, sexual orientation, religion, political opinion, wealth,
place of birth, or other status. It is important to uphold people's dignity.
 Human Rights are Indivisible- There is no way to split human rights. Even if other rights
have previously been exercised, they cannot be denied. Because of this, it is impossible to
place human rights in a hierarchy because they all have equal status. The exercise of one
right is generally made more difficult by its denial. Hence, other rights cannot be sacrificed
in order to protect everyone's right to an appropriate quality of living (such as their right to
health or their right to an education).
 They are similar to moral rights and conscience is valued highly.
 Human rights are inherent- They cannot be taken or lent from any place or person. There
are inherently existing rights.

Importance of Human Rights

 In recent decades, interest in and general understanding of human rights have increased.
 The Universal Declaration of Human Rights established the benchmark for success for all
people and all states in 1948.
 The following information is pertinent in this regard-
1. Human rights are crucial for the complete development of each person's personality in
society. All the people should have access to them, and they must be preserved.
2. Sustaining human dignity is the ultimate goal of the government, and human rights are the
foundation of a meaningful existence.
 There are a number of countries where basic norms of conduct are not followed. The
awareness of human rights that has resulted from this has also made state protection
necessary.
It has been realized that all laws, whether they are local or international in nature, should
serve to safeguard people in the interest of mankind.
3. Vulnerable populations like women, children, refugees, migrant workers, people with
disabilities, and native Americans are protected under human rights.
4. People's basic necessities, such as access to food, water, clothing, and shelter, are provided
thanks to human rights.
5. Education is made available to everybody thanks to human rights.
6. Human rights provide just and favorable working circumstances and just and favorable pay,
ensuring for the individual and his family a life deserving of human dignity.
7. People are able to speak up when they encounter mistreatment and corruption because to the
idea of human rights. No society is flawless, which is why certain rights, like the freedom to
assemble, are so important. The idea of human rights gives people authority and conveys to
them that society, including the government and the workplace, owes them a certain amount
of decency.
8. Freedom of speech and expression are promoted by human rights
9. While similar to what you just read, speaking openly without worrying about harsh
retaliation is more expansive. Although it includes concepts and modes of expression that
not everyone will appreciate or find acceptable, nobody should ever feel threatened by their
government.

Classification of Human Rights

 There are not many different types of human rights because they are inherent and dependent
on one another.
 All the people have these fundamental rights regardless of their age, sex, caste, creed, color,
religion, geography, or nationality.
 They are all equally vital and inalienable. Although the Universal Declaration of Human
Rights only stated two categories of human rights and merely listed them in various articles.
 However, later advancements in the area of human rights made under the United Nations
system have demonstrated that there are two different categories of human rights, namely-
1. Civil and Political Rights
2. Economic, Social, and Cultural Rights.

1. Civil and Political Rights

 The preservation of one's right to life and personal freedom is referred to as having civil
rights, often known as liberties. These are necessary for a person in order to live a life of
dignity also called as First-Generation Rights.
 These rights include the freedom from torture and inhuman or degrading treatment, the right
to life, liberty, and security of persons, the right to one's own home and communication, the
 right to possess property, the freedom of opinion, conscience, and religion, and the freedom
to travel around.
 Political rights could be defined as those that let a person to take part in a state's government.
Hence, the right to vote, the right to be elected in legitimate periodic elections, and the ability
to participate in public affairs either directly or through representatives of one's choosing are
examples of political rights.
 It does not seem reasonable to separate between civil and political rights because they are
interconnected and intertwined while having different natures.
 This justification alone prompted the creation of the International Covenant on Civil and
Political Rights, a single covenant that protects both civil and political rights.
 These rights, which belong to the first generation, are principally based on reformist beliefs
from the seventeenth and eighteenth centuries that are linked to the English, American, and
French revolutions.
 The rights that can be referred to as negative rights are civil and political rights, commonly
known as "freedom from" rights because a government is expected to refrain from doing
actions that would violate them.
 These rights specifically shield people from being subjected to crimes including murder,
torture, harsh or unusual punishment, ex post facto legislation, denials of habeas corpus, and
incarceration without a fair trial.
 The fact that these rights can be fully and immediately realized without incurring
considerable fees is noteworthy.
 Articles from the first part of the Universal Declaration of Human Rights apply to civil and
political rights.
 They assert that individuals must be given the freedom to engage in civil and political life
without fear of persecution or prejudice.
 The majority of civil and political rights are about protection from specific things, such
slavery and torture, while economic, social, and cultural rights are defined as rights that a
person is entitled to.
 Rights like the following are outlined in documents like the International Covenant on Civil
and Political Rights-
1. The Right to be free from discrimination is infringed upon when characteristics such as race,
gender, or religion are used to justify actions like being fired from a job.
2. The right to life, which is infringed upon by acts such torture death, carelessness, and use of
force.
3. Restricting access to ideas and press freedom infringes on the right to freedom of expression.
4. The Right to Privacy as violation of a person's right to privacy when someone looks into
their private information or life.
5. The Right to Asylum- Deporting a person to a nation where their lives are in danger violates
their right to refuge.
6. A biased court and lengthy proceedings infringe on the Right to a fair trial and due process.
7. When someone is penalized or coerced into converting to a different faith, their Right to
freedom of religion is infringed.

2. Economic, Social, and Cultural Rights

 Economic, social, and cultural rights, also known as the "freedom to," are tied to ensuring
that people have access to the bare requirements of existence and are also called as Second-
Generation Rights.
 Human existence is likely to be in risk in the absence of fundamental rights. This category
of rights includes the right to appropriate housing, food, clothes, and other necessities of life
as well as the freedom from hunger, the right to work, the right to education, and the right to
social security.
 The International Covenant on Economic, Social, and Cultural Rights includes these rights.
 These rights (also known as positive rights) demand for active action on the part of States,
not their abstention.
 These are counterpart to the first-generation rights and conceived more in positive (right to)
than negative (freedom from) terms.
 The idea of social equality serves as the cornerstone upon which the economic, social, and
cultural rights associated with the Russian Revolution are established.
 These rights, often known as the rights of the second generation, have been relatively slowly
realized.
 These are not evident as explicit rules, rather as basic ideas. However, they have started to
mature.
 Other types of rights, such as the right to economic and social development, the right to a
healthy environment, the right to self-determination, the right to natural resources, or the
physical protection of the group as a whole through the prohibition of genocide, may be
enjoyed by individuals collectively in addition to the categories mentioned above. These are
known as collective rights.
 Although it might be challenging to distinguish between individual and collective rights, it
is possible to say that whereas individual rights belong to each member of a group, collective
rights do not belong to any one individual.
 They can be taken pleasure in by many people at once. Third generation rights are the name
given to these rights.
 Several of these rights are not codified in papers with legal force.
 The following two sets of rights are closely related even though the United Nations has
recognized them in two different Covenants.
 The developing world, in particular, has come to the correct realization that social, economic,
and cultural rights are essential for the fulfilment of civil and political rights.
 As a result, both categories of rights are crucial, because without civil and political rights,
economic, social, and cultural rights cannot be fully realized, and vice versa.
 The International Human Rights Conference, which was held in 1968 and whose final
proclamation stated that since human rights and fundamental freedoms are inseparable, it is
 impossible for civil and political rights to be fully realized without the enjoyment of
economic, social, and cultural rights.
 Therefore, it recognized the relationship between the two categories of rights.
 The General Assembly reaffirmed in 1977 that all human rights and fundamental freedoms
are interconnected and indivisible, and that they should be implemented, promoted, and
safeguarded with the same urgency as economic, social, and cultural rights.
 The resolution further declared that people's social and economic rights are attained via the
exercise of their civic and political rights.
 Again, emphasizing that there is no distinction between the two sets of rights, the Vienna
Conference of 1993 declared that all human rights are universal, indivisible, interdependent,
and interrelated.
 The international community must regard human rights equally, fairly, and with the same
focus throughout the world.
 The right to work, the right to food and water, the right to housing, and the right to education
are all examples of economic, social, and cultural rights.
 These rights are safeguarded through agreements like the International Covenant on
Economic, Social, and Cultural Rights, which was formed in 1976.
 The economic, social, and cultural rights of particular populations are protected by
conventions like the Convention on the Rights of the Child.
 Economic, social, and cultural rights must be protected, promoted, and carried out by the
state just like all other categories of human rights. In this category, specific instances include-
1. The right to work in a secure setting for a reasonable salary
2. Access to healthcare, including mental health treatment
3. Access to affordable education
4. The privilege of having enough to eat, wear, and live in.
5. The right to clean water and inexpensive sanitation.
6. Participation in cultural life is a right.
7. The right to benefit from advancements in science.
8. Social security rights.

Sources of Human Rights

 The following are some of the many sources from which international human rights law is
derived-
1. International Treaties and Conventions- The most significant sources of international
human rights legislation are treaties. Several international human rights accords are now in
effect and have legal force for the States that are parties to them.
 Contracts between nations are known as international treaties. They impose reciprocal
responsibilities on the states that are parties to any given treaty and are legally enforceable
(states parties).
 Human rights treaties are unique in that they set responsibilities on states regarding how they
should treat all people under their control.
 The names "covenant," "convention," and "protocol" are all used to refer to international
human rights treaties, but what they all have in common is that the nations parties voluntarily
agree to be bound by its provisions.
 The United Nations Charter, which is obligatory on all nations and creates at least broad
duties to respect and advance human rights, is the most significant of these.
 Other multilateral human rights agreements, such as the European Convention on Human
Rights, the American Convention on Human Rights, and the African Charter on Human and
People's Rights, are regional agreements that are also legally binding on the contracting
States and are therefore, the sources of obligations for the parties.
 In addition to the Charter, a number of other multilateral human rights agreements have been
reached under the auspices of the United Nations and its specialized agencies.
2. International Customs- Some international human rights have become part of customary
international law as a result of widespread observance by States, and as a result, they are
binding on all States regardless of whether they have given their express permission.
 The 1987 Restatement (Third) of the United States Foreign Relations Law holds that at least
certain fundamental human rights are protected by customary international law.
 International human rights legislation heavily relies on customary international law.
 The phrase "general practice recognized as law" appears in the Statute of the International
Court of Justice. The "general practice" must indicate a broad consensus in terms of content
and applicability, resulting from a perception that the practice is required, in order to be
recognized as international customary law (opinio juris et necessitatis).
 One of the key characteristics of customary international law is its potential to give rise to
universal jurisdiction or application, allowing any national court to hear extraterritorial
claims made under international law under certain situations.
 A State violates international law if, as a matter of State policy, it engages in genocide,
slavery, the killing of people, torture or other forms of cruel, inhuman, or degrading treatment
or punishment, prolonged arbitrary detention, systematic racial discrimination.
 Though the above list may not be exhaustive and others may disagree with the rights listed
above as having acquired the status of customary rule of international law.
3. Judicial Decisions- The rulings of the various courts and tribunals are taken into
consideration while formulating the laws governing human rights problems.
 Even though the International Court of Justice hasn't done much in this area, there's no
denying that some cases might fall under its purview.
 Since the Lawless case was decided in 1960, the regional court known as the European Court
of Human Rights has successfully resolved several cases.
 A protracted discussion about the growing caseload led to the establishment of a new
European Court of Human Rights on November 1, 1998.
 Although the Inter-American Court of Human Rights has heard a few cases, the American
Convention's case law is still in its infancy.
 Municipal court rulings on human rights problems have contributed extraordinarily in the
development of international Human rights law.
 In addition to judicial rulings, the judgements of the arbitral bodies, whose role it is to resolve
complaints of human rights abuses under different treaties, are also helpful in determining
the laws that apply to international human rights.
4. Authentic Documents- There is a huge load of documentation about human rights issues in
official United Nations documents and those published by its subsidiary organizations.
 The collaborative work carried out under the aegis of the international organizations, as well
as that published in the Human Rights Law Journal, Human Rights Review, and European
Law Review, is of great value.
 Numerous national and international institutions support the safeguarding of human rights.
 Additionally, numerous acts performed by the United Nations and other international
organizations have backed particular initiatives to defend human rights.
 It should be highlighted that treaties and customs rank as the most significant of the
aforementioned sources.
 Human rights duties are ultimately only enforceable by them. Yet, "morality, fairness, ethics"
or a simple respect for human dignity serve as the foundation for these commitments.
5. International Instruments- Despite the fact that they are not legally binding on the States,
a significant number of international declarations, resolutions, and recommendations
pertaining to human rights have been adopted under the auspices of the United Nations.
 These documents have established widely acknowledged standards in connection with
human rights issues.
 The most significant of them is the Universal Declaration of Human Rights, which was
adopted in 1948 and has the moral authority or political heft to influence government leaders
to uphold human rights norms.
 Some of the rights mentioned therein have taken on the status of an international legal
custom.
 The commitment of the world community also has its roots in the declarations made at the
Vienna Conference in 1993 and the Tehran Conference in 1968.

Difference between Legal Rights and Human Rights

 Legal rights are those that a specific person is entitled to enjoy legally as enacted by the state
or government, whereas human rights stress the universal rights that anybody can enjoy.
 For someone to live a peaceful and just life, they must be aware of their rights as an
individual and as a citizen of a certain nation. It is significant to highlight that while legal
rights fall under state law, moral and human rights are governed by natural law.
 The legal right is one that the legal system has recognized and safeguarded.
 Two crucial components make up a legal right- the right's holder and the person who is
subject to its obligations.
 Only legal people have the ability to hold legal rights and be subject to obligations.
 So, every right entails a connection between two or more legal persons because rights and
obligations are correlated, a person cannot have one without the other.
 Human rights are a property of humans, and the state has a responsibility to uphold those
rights.
 According to Article 2 Para 1 of the Declaration of the Human Rights Defenders adopted by
the General Assembly on December 9, 19983 each State has the primary responsibility and
duty to defend, promote, and implement all human rights by taking the appropriate steps
such as legislative, administrative, and other measures.
 Additionally, the 1966 adoption of the International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social, and Cultural Rights stipulated in the
Preamble that States must work to advance the respect for and observance of human rights
on a global scale and implied that such rights are legal rights.

Evolution and Development of Human Rights

 According to historical evidences, there have been several instances of basic human rights
being recognized in both national and international contexts.
 They have also influenced and inspired contemporary human rights law. The next section
discusses several crucial developments in this area.
 Cyrus Cylinder
 This historic document, The Cyrus Cylinder, is now acknowledged as the first human rights
charter in history.
 The first monarch of ancient Persia, Cyrus the Great, overthrew the city of Babylon in 539
B.C.
 He established racial equality, emancipated the slaves, and proclaimed everyone's right to
practice any religion they so choose.
 These and other laws were written in the Akkadian language and cuneiform script on a baked
clay cylinder.
 Code of Hammurabi 1792-1750 BC
 The Hammurabi Code might be viewed as barbaric. It is among the earliest lengthy legal
documents that have been decoded.
 The code deals with contractual concerns, prerequisites for legal transactions, and problems
with domestic and familial connections.
 However, one may see the value placed on people and property as an effort to respect human
interests.
 Edicts of Ashoka - 268 BCE to 232 BCE
 Edicts of Asoka play a more significant role in the context of establishing it as wider law
within the domain of his Kingdom than any other tool in recorded history.
 These edicts are still in effect today in the nations that Asoka controlled, including
Afghanistan, Bangladesh, Pakistan, Nepal, and India. Asoka used them to spread the word
throughout his empire.
 These edicts specify how captives should be treated, proper conduct, and consideration for
animals and other living things. In some cases, these decrees are a direct reflection of
contemporary human rights thought.
 Magna Carta, 1215
 The Magna Carta, which enumerates what subsequently came to be regarded of as human
rights, was forced upon King John of England in 1215 after he broke a number of norms by
which England had been ruled.
 They included the freedom of the church from state control, everyone's right to property
ownership and inheritance, and immunity from onerous taxation.
 In addition to establishing due process and equality before the law, it also established the
right of property-owning widows to decide whether or not to remarry.
 Additionally, it included clauses outlawing governmental misconduct and bribery.
 Both the Habeas Corpus Act (1679) and the Petition of Right (1628) were early examples
of the English legal system's acknowledgement of human rights.
 Kingdom of Leon in Spain (1188) confirms the inviolability of life, honour, home, and
property as well as the rights of an accused to a trial and the rights of the assembly.
 The Golden Bull (Aranybulla, 1222) in Hungary, which was issued under King, recognized
the "Hungarian Nation" and established the rules for an annual Diet session. The nobles
insisted on the publication of the document, which is regarded as the first written constitution
in Hungary, in order to protect their rights.
 The final clause of the Golden Bull guarantees people's freedom to defy royal orders that are
against the law, effectively establishing a constitutional monarchy.
 American Revolution (1765-1791)- The Declaration of Independence was passed by the
US Congress on July 4, 1776. The Declaration was mostly written by Thomas Jefferson and
served as a formal justification for Congress's decision to declare independence from Great
Britain on July 2.
 The States later approved the U.S. Constitution's Bill of Rights (1791).
 French Revolution (1789-1799)
 The growth of Enlightenment principles, which were influenced by a select group of
intellectuals, led to the start of the French Revolution in 1789.
 The codification of moral rights into French law was the outcome of a chain of events akin
to the American Revolution.
 In order to make the transition from absolute monarchy to a type of constitutional or
representative government, the French National Assembly wrote the Declaration of the
Rights of Man and the Citizen in 1789.
 Additionally, the French Declaration cited Enlightenment ideals like popular sovereignty,
equality of rights, and fair opportunity.
 Numerous ideas from the influential book by the philosopher Jean-Jacques Rousseau and his
work were also included in the French Declaration.
 Initial Developments
 The Thirty Years War between Protestant and Catholic regions of Europe came to an end on
October 24, 1648, with the signing of the Articles of the Treaties of Peace in Munster and
Osnabruck in Westphalia. The agreement guaranteed trade, mobility, and religious freedom.
 The Vienna Congress (1814–1815) recognized that religious intolerance might endanger
global peace and security. As a result, the participating states vowed to uphold religious
equality and ensure that every group would receive the same level of protection and favor.
 International Labour Organization
 One of the specific organisations that concentrated on individual rights at the start of the 20th
century was the Intentional Labour Organisation.
 The International Labour Organisation (ILO) had approved forty agreements by the time
1933 rolled around, covering topics including forced labour, freedom of association,
minimum age at sea, forced labour, maternity leave, and circumstances for women and
children working at night.
 The first convention to offer legally binding assurances was the 1933 Convention on the
Nationality of Women.
 The Inter-American Convention on the Granting of Political Rights to Women (1948) and
the Inter-American Convention on the Granting of Civil Rights to Women (1948), both of
which came after it and were more than 30 years earlier than the UN treaty action,
respectively, came next.
 UN Human Rights Change
 The Atlantic Charter declared freedoms in August 1941. Furthermore, the right to self-
determination was declared in the Charter.
 In the Declaration of the 26 United Nations on January 1, 1942, these ideals were reiterated.
 Prior to and during World War II, Conferences of the American States expressed their
concern for human rights in a greater number of resolutions such as Humanization of War in
1936, Persecution for Racial or Religious Purposes in 1938 and International Protection of
the Fundamental Human Rights in 1945.
 From the Preamble to the Conclusion, the UN Charter makes more than a dozen allusions to
human rights. Cooperation in fostering respect for everyone's fundamental freedoms and
human rights is one of the United Nations' core missions.

Basis of Human Rights

 Different theories have emerged as a result of the differing perspectives held by jurists about
the topic of the foundations for human rights. Leading among them are the following:
1. Natural Law Theory
 Ancient philosophers and intellectuals held the belief that natural law, often known as Divine
law, which is revealed in eternal law, is the source of human rights.
 Law of reason, moral law, common law, universal law, or unwritten law are under this head.
God or reason are the sources of natural law.
 Natural law was seen by the Greeks as having a tight connection to both justice and ethics.
 Therefore, it was seen by the Greeks as a set of binding laws that nature, the personified
universe, imposed onto people.
 The idea of natural law was represented in the writings of thinkers like Aristotle, Cicero,
Gaius, and others.
 Later, Christian Fathers asserted that natural law has a divine foundation, expanding its
scope. They claim that St. Paul endorses their doctrine.
 According to him, God's will and wisdom are the governing principles of the universe.
Thomasius further asserted that natural law is a divine law that is inscribed in everyone's
heart.
 Romans used the natural law principle to create a body of laws governing the administration
of justice. According to the Romans, natural law is the unchangeable, all-encompassing
component of civil law.
 The Stoic theory was a decorative element added to ancient Roman writings. As a result, it
is generally acknowledged that the Greco-Roman natural law teachings of Stoicism are
where the idea of human rights originated. Thus, there is a spiritual foundation to the doctrine
of natural law.
 It is obvious how natural law influences the conception of natural rights. A natural right is
an interest that is acknowledged and safeguarded by a natural justice law.
 It was a set of values that outweighed positive law. They developed from a man's basic
nature.
 The Declaration of Rights (Virginia) of 1779, the Bill of Rights (England) of 1689, and the
Declaration of Independence (U.S.A.) of 1776 all contain references to the idea of inherent
rights.
 Several arguments have been made against using natural law as the foundation for human
rights.
 First of all, since all rights are created by law and are legal in nature, and as natural rights
are products of natural law, they are metaphors.
 Second, according to the natural law idea, what is natural is inherent, universal, or
unchanging. But there are several perspectives on what constitutes natural.
 As a result, it is unclear what the law of nature actually means. It has been defined differently
by different jurists in terms of morality, religion, and reason, making it such a muddled idea
that, if it were to be enforced, it may cause confusion.
 However, it must be acknowledged that the development of human rights law has been
significantly affected by the law of nature. If it is stated that human rights law was initially
established on the premise that its norms stem from the law of nature, there can be no room
for doubt.
2. Social Utility Theory
 The social utility theory is another one that has been put up as the foundation for human
rights.
 According to the theory, an individual's utility (or interests) reflects the complete amount of
his happiness, and a community's utility (or interests) represent the total sum of happiness
of the individuals who make up that community.
 According to the social utility theory of human rights, those rights are legitimate human
rights since they tend to promote a person's overall happiness.
 Human rights are therefore those that form the general and lasting conditions of happiness
for all people.
 The aforementioned argument does not seem to be valid since it fosters the misconception
that a community's interest is necessarily served by the happiness of the individuals who
make up that community, which is untrue.
 To believe there is a necessary connection between an individual's pleasure and the happiness
of the community is an illusion. In other cases, social utility may even directly contradict
with human rights.
 It should be highlighted that a person's status as a human being serves as the foundation for
human rights. Because he is a rational person, the individual's existence must include
freedom and well-being in all spheres.
 These elements are necessary for a person to live a decent life and also because they make
him happy. Consequently, the foundation of human rights is happiness and freedom.

Impact of Natural Law and Natural Rights

 The natural law and natural rights tradition, which first appeared in the 17th and 18th
centuries, contends that human reason can identify the natural laws that govern the world.
 This intellectual tradition places a strong emphasis on the idea that governments do not create
natural rights.
 The notion that all people are created equally and are endowed with the same natural rights
that may be enshrined in law dates back to the dawn of human civilization.
 It is steeped in history and is linked to individual struggles against injustice. The idea that a
person has some fundamental, unalienable rights in comparison to a sovereign State has its
roots in the concepts of Natural Law, even though the term "human rights" is relatively new.
 Ancient Greece is where the idea of Natural Law first emerged.
 According to this theory, a person's rights derive from nature and cannot therefore be granted
or delegated by the political authorities.
 Since morality is a fundamental tenet of Natural Law, there is a strong relationship between
the law and morality.
 Many ancient Greek thinkers advocated the notion of a state centered on equality for all of
its citizens deriving from the law of nature.
 'Natural rights' thesis was first put forth by Thomas Hobbes. On the subject of human
equality, he takes Aristotle's stance, saying that: "The question of which man is a better man
 has no place in the condition of mere nature, where (as has been demonstrated before) all
men are equal."
 The laws civil have brought about the disparity that exists today.
 Thomas Hobbes (1588 – 1679), John Locke (1632 – 1704), and Jean-Jacques Rousseau
(1712 – 1778) developed the Natural Rights idea during the 18th century’s ‘Age of
Enlightenment.’
 Two sorts of natural rights are separated, and they are discussed below-
1. Inalienable rights are characteristics of humanity that form the basis of moral interactions
between individuals. These are rights that cannot ever be revoked. They are inescapable
elements of humanity and the cornerstone of moral interactions between individuals.
2. Alienable rights- The field of property law is where the word "alienate" originated. It alludes
to the action of moving something. In general, we constantly alienate our property rights
through sales and donations.
 The following is a list of the rights that fall within the category of natural rights-
 Right to Life- No one, under any circumstance, has the right to deny another person their
right to survive. This privilege includes the right to defend yourself from those who would
harm you. Most philosophers agree that the most fundamental natural right is the right to
life.
 Right to Liberty- Each and every person has the right to live in freedom. They have the
freedom to move around (which includes the freedom from impermissible detention) and the
freedom to think for themselves. Some contend that the right to personal liberty includes the
right to privacy, which is a natural right.
 Right to Freedom of Religion- Everybody is free to select a religion and develop a
relationship with it. The United States Bill of Rights and Aquinas' works both uphold the
freedom of religion. Aquinas wrote The Right to Know God, and the Bill of Rights
guarantees that Americans are free to practise their religion without interference from the
government.
 Right to Property- Every person has the right to own property, whether they do so alone or
with others. According to some philosophers, including John Locke, the right to possess
property also encompassed the right to own one's own labour.