3 YEAR UNITARY LLB

NOTES ON
HUMAN RIGHTS LAW AND PRACTICE
FOR
3rd Semester Unitary LLB

Prepared By
MOHAMMED ASLAM
(2022-25 BATCH)
GOVERNMENT LAW COLLEGE, THRISSUR

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 CONTENTS
TITLE PAGE NO.
UNIT I 04-46
UNIT II 47-78
UNIT III 79-111
UNIT IV 112-128
UNIT V 129-157

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 UNIT I
Foundational Aspects –
Meaning and Concept of Human Rights
- Notion and Classification of Rights:
-Natural, Moral and Legal Rights,
-Three Generations of Human Rights (Civil and Political Rights; Economic,
Social and Cultural Rights; Collective/Solidarity Rights) Theoretical
Dimensions - Basis and Sources of Human Rights
- Theories of Human Rights-Relevance of ratification by states
-Impact of ratifying with reservation -Meaning of Legal Instrument- Binding
Nature
–Types of Instruments: Convention -Covenant-Charter-Declaration-Treaty- -
Optional Protocols.

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 FOUNDATIONAL ASPECTS – MEANING & CONCEPT OF HUMAN RIGHTS
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.

-Preamble, Universal Declaration of Human Rights

MEANING
Human rights are the basic rights and freedoms that belong to every person in the world, from
birth until death. These rights are based on shared values like dignity, fairness, equality, respect, and
independence. Human rights are universal, meaning they apply to everyone, no matter who they are,
where they come from, or where they live. Human rights are rights we have simply because we exist
as human beings - they are not granted by any state. These universal rights are inherent to us all,
regardless of nationality, sex, and national or ethnic origin, colour, religion, language, or any other
status. They range from the most fundamental - the right to life - to those that make life worth living,
such as the rights to food, education, work, health, and liberty.

The Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly
in 1948, was the first legal document to set out the fundamental human rights to be universally
protected. The UDHR, which turns 75 on 10 December 2023, continues to be the foundation of all
international human rights law. Its 30 articles provide the principles and building blocks of current
and future human rights conventions, treaties and other legal instruments.

The UDHR, together with the 2 covenants - the International Covenant for Civil and Political
Rights, and the International Covenant for Economic, Social and Cultural Rights - make up
the International Bill of Rights.

ORIGINS
Human rights are not a recent invention. Throughout history, concepts of ethical behaviour,
justice and human dignity have been important in the development of human societies. These ideas
can be traced back to the ancient civilisations of Babylon, China and India. They contributed to the
laws of Greek and Roman society and are central to Buddhist, Christian, Confucian, Hindu, Islamic and
Jewish teachings.
Concepts of ethics, justice and dignity were also important in societies which have not left written
records, but consist of oral histories such as those of Aboriginal and Torres Strait Islander people in
Australia and other indigenous societies elsewhere.

Ideas about justice were prominent in the thinking of philosophers in the middle Ages, the
Renaissance and the Enlightenment. An important strand in this thinking was that there was a
'Natural Law' that stood above the law of rulers. This meant that individuals had certain rights simply
because they were human beings.

In 1215, the English barons forced the King of England to sign Magna Carta (which is Latin for
‘the Great Charter’). Magna Carta was the first document to place limits on the absolute power of the
king and make him accountable to his subjects. It also laid out some basic rights for the protection of
citizens, such as the right to a trial.

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 Significant development in thinking about human rights took place in the seventeenth and
eighteenth centuries, during a time of revolution and emerging national identities.

The American Declaration of Independence (1776) was based on the understanding that
certain rights, such as ‘life, liberty and the pursuit of happiness', were fundamental to all people.
Similarly, the French Declaration of the Rights of Man and the Citizen (1789) challenged the authority
of the aristocracy and recognised the ‘liberty, equality and fraternity' of individuals. These values
were also echoed in the United States’ Bill of Rights (1791), which recognised freedom of speech,
religion and the press, as well as the right to ‘peaceable' assembly, private property and a fair trial.

We hold these truths to be self-evident, that all men are created equal, that they are endowed
by their Creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of
Happiness.
— United States Declaration of Independence, 1776
Importance of Human Rights
Human beings are described as rational beings and thus given certain basic rights since birth.
These rights are inherent in all human beings as they become operative at the birth of a person. These
rights govern the physical, moral, spiritual, and social welfare of a person. They are also known as
fundamental rights, basic rights, inherent rights, natural rights, and birth rights.

Chief Justice of India, J.S. Verma rightly stated that “human dignity is the quintessence of
human rights.” All rights which are essential for the protection and dignity of an individual and help
him to develop his personality are termed human rights. (Maneka Gandhi v. Union of India,
1978) D.D. Basu defines human rights as the basic rights that every individual must have against the
state or any other authority, irrespective of any consideration.

One of the achievements of contemporary international law is that it recognises human dignity
and honour. This has also been reflected through various declarations and conventions adopted by the
United Nations on human rights. The conventions have tried to protect the rights of individuals at a
national level by incorporating provisions into the constitutions of the countries. Many non-
governmental, regional, national and international level organisations work to bring cases of violation
of human rights to light and try to prevent such occurrences.

Human rights are fundamental to the dignity, freedom, and well-being of individuals. They
form the cornerstone of a just and equitable society, influencing various aspects of life from
governance and law to social interactions and personal development. Here are some key points
highlighting the importance of human rights:

1. Protection of Individual Dignity and Autonomy

Human rights protect the inherent dignity and autonomy of every individual, ensuring that people
are treated with respect and can make choices about their own lives. This includes the right to life,
liberty, and personal security, which are essential for the preservation of individual dignity.

 Freedom from Torture and Degrading Treatment: Protecting individuals from torture,
cruel, inhuman, or degrading treatment is fundamental to maintaining human dignity.
 Right to Privacy: Ensuring individuals' privacy allows them to maintain their dignity and
autonomy without undue interference.

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2. Promotion of Equality and Non-Discrimination

Human rights promote equality and prohibit discrimination on any grounds such as race, gender,
ethnicity, religion, or sexual orientation. This helps create inclusive societies where everyone has
equal opportunities and access to resources.

 Gender Equality: Human rights frameworks advocate for the elimination of gender-based
discrimination, promoting equal rights for women and men in all areas of life.
 Racial Equality: Laws and policies inspired by human rights principles work to eliminate
racial discrimination and promote diversity and inclusion.

3. Foundation of Freedom and Democracy

Human rights are essential for the functioning of democratic societies. They provide the basis for
freedoms such as speech, assembly, and association, which are necessary for political participation
and accountability.

 Freedom of Expression: Allows individuals to voice their opinions, criticize government

actions, and participate in public discourse.
 Right to Vote: Ensures that citizens can participate in free and fair elections, shaping the
governance of their country.

4. Support for Justice and Rule of Law

Human rights ensure that justice is upheld by guaranteeing fair treatment under the law and
access to legal remedies. They promote the rule of law, where laws are fairly applied and enforced.

 Right to a Fair Trial: Ensures that individuals are treated justly in legal proceedings, with the
presumption of innocence and the right to legal representation.
 Access to Justice: Provides mechanisms for individuals to seek redress for human rights
violations and hold perpetrators accountable.

5. Promotion of Peace and Stability

Respecting and upholding human rights contributes to peace and stability within societies and
globally. By addressing grievances and promoting social justice, human rights reduce the likelihood of
conflict and violence.

 Conflict Prevention: Ensuring human rights can help prevent conflicts by addressing the root
causes of violence, such as inequality, oppression, and injustice.
 Post-Conflict Reconstruction: Human rights frameworks guide the rebuilding of societies
after conflicts, focusing on reconciliation, justice, and the rule of law.

6. Enhancement of Social and Economic Development

Human rights are integral to sustainable development, ensuring that economic growth benefits all
members of society. They promote access to education, healthcare, and an adequate standard of living,
which are essential for personal and societal development.

 Right to Education: Guarantees access to quality education for all, which is crucial for
individual empowerment and economic development.

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  Right to Health: Ensures access to essential healthcare services, promoting overall well-being
and productivity.

7. Guiding International Relations and Cooperation

Human rights principles guide international relations and cooperation, promoting global peace,
security, and development. They form the basis for treaties, conventions, and international
organizations' work.

 International Humanitarian Law: Human rights standards underpin international

humanitarian law, protecting individuals in times of conflict and disaster.
 Global Advocacy: International human rights organizations work to monitor, report, and
advocate for the protection of human rights worldwide.

CONCEPT OF HUMAN RIGHTS

INTRODUCTION

Human rights encompass a broad range of rights and freedoms that are inherent to all human
beings, regardless of race, nationality, ethnicity, religion, gender, or any other status. These rights are
considered universal, inalienable, and indivisible, forming the bedrock of just and equitable societies.
The concept of human rights rests on several foundational principles, each of which plays a crucial
role in shaping our understanding of human rights and guiding efforts to uphold them. The basic
rights which are moral principles or norms set for standard human behaviour, protected by municipal
or international law are called human rights. These are available to every human being irrespective of
their age, caste, creed, gender, religion, race, origin or location. These are termed inalienable
fundamental rights, inherent in by all human beings. They also impose an obligation on other human
beings not to infringe on the human rights of any person. Also, according to John Locke’s theory of
inalienable rights, individuals are born equal and with some basic natural rights which are inalienable
and can never be taken away. These rights include right to life, liberty and property which is also
recognized in fundamental rights guaranteed by a country to its citizens. The Universal Declaration of
Human Rights (UDHR) deals with all the human rights made available to a person from birth. It is a
milestone document defining every human right and was adopted by the UN General Assembly in
1948 containing 30 articles. These are universally protected by the United Nations Human Rights
Council.

India had signed the Universal Declaration on Human Rights January 01, 1942. Part III of the
Constitution India ‘also referred as Magna Carta’ contains the Fundamental rights. These are the
rights which are directly enforceable against the state in case of any violation. Article 13(2) prohibits
state from making any law in violation of the Fundamental Rights. It always provides that if a part of
law made is against the Fundamental Rights, that part would be declared as void. If the void part
cannot be separated from the main act, the whole act may be declared as void.

In the case of Keshvanand Bharti v. State of Kerela, the apex court observed: “The Universal
Declaration of Human Rights may not be a legally binding instrument but it shows how India
understood the nature of human rights at the time the Constitution was adopted.”

In the case of Chairman, Railway Board & Ors. v. Chandrima Das & Ors., it was observed
that UDHR has been recognized as Model code of conduct adopted by United Nations General
Assembly. The principles may have to be read if needed in domestic jurisprudence.

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The concept of human rights rests on several foundational principles:

1. Universality and Inalienability:

Universality:
The principle of universality of human rights is the cornerstone of international human rights
law. This means that we are all equally entitled to our human rights. This principle, as first
emphasized in the UDHR, is repeated in many international human rights conventions,
declarations, and resolutions. Human rights are universal, meaning they apply to every individual,
irrespective of their nationality, ethnicity, or any other characteristic. The universality of human rights
is rooted in the belief that all human beings possess inherent dignity and are entitled to certain rights
simply by virtue of being human. This principle implies that human rights are not contingent upon
citizenship or membership in a particular community but are applicable to all individuals universally.

Inalienability:
Human rights are inalienable. They should not be taken away, except in specific situations and
according to due process. For example, the right to liberty may be restricted if a person is found
guilty of a crime by a court of law. Human rights are inalienable, meaning they cannot be
surrendered, transferred, or revoked under any circumstances. This principle underscores the
inherent and immutable nature of human rights, emphasizing that no authority, government, or
individual has the authority to deprive individuals of their fundamental rights. While rights may be
temporarily restricted in certain circumstances, such as during times of emergency or under due
process of law, they cannot be permanently forfeited.

2. Indivisibility:

Human rights are indivisible. Whether they are civil and political rights (such as the right to
life, equality before the law, and freedom of expression) or economic, social, and cultural rights (such
as the right to work, social security, and education), they are all inherent to the dignity of every
person. Consequently, they all have equal status as rights, and there is no hierarchy among them.

The most common categorization of human rights is to split them into civil and political rights,
and economic, social and cultural rights. Civil and political rights are enshrined in articles 3 to 21 of
the Universal Declaration of Human Rights and in the ICCPR. Economic, social and cultural rights are
enshrined in articles 22 to 28 of the Universal Declaration of Human Rights and in the ICESCR. The
UDHR included economic, social and cultural rights and civil and political rights because it was based
on the principle that the different rights could only successfully exist in combination:
The ideal of free human beings enjoying civil and political freedom and freedom from fear and want
can only be achieved if conditions are created whereby everyone may enjoy his civil and political
rights, as well as his social, economic and cultural rights
— International Covenant on Civil and Political Rights and the International Covenant on Economic
Social and Cultural Rights, 1966

This is held to be true because without civil and political rights the public cannot assert their
economic, social and cultural rights. Similarly, without livelihoods and a working society, the public
cannot assert or make use of civil or political rights (known as the full belly thesis).
Although accepted by the signatories to the UDHR, most of them do not in practice give equal
weight to the different types of rights. Western cultures have often given priority to civil and political
rights, sometimes at the expense of economic and social rights such as the right to work, to education,
health and housing. For example, in the United States there is no universal access to healthcare free at

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the point of use. That is not to say that Western cultures have overlooked these rights entirely (the
welfare states that exist in Western Europe are evidence of this). Similarly, the ex-Soviet bloc
countries and Asian countries have tended to give priority to economic, social and cultural rights, but
have often failed to provide civil and political rights.
Another categorization, offered by Karel Vasak, is that there are three generations of human
rights: first-generation civil and political rights (right to life and political participation), second-
generation economic, social and cultural rights (right to subsistence) and third-generation solidarity
rights (right to peace, right to clean environment). Out of these generations, the third generation is the
most debated and lacks both legal and political recognition. This categorisation is at odds with the
indivisibility of rights, as it implicitly states that some rights can exist without others. Prioritisation of
rights for pragmatic reasons is however a widely accepted necessity. Human rights expert Philip
Alston argues:

If every possible human rights element is deemed to be essential or necessary, then nothing will be
treated as though it is truly important.
— Philip Alston

He, and others, urges caution with prioritisation of rights:

The call for prioritizing is not to suggest that any obvious violations of rights can be ignored.
— Philip Alston
Priorities, where necessary, should adhere to core concepts (such as reasonable attempts at
progressive realization) and principles (such as non-discrimination, equality and participation.
— Olivia Ball, Paul Gready
Some human rights are said to be "inalienable rights". The term inalienable rights (or unalienable
rights) refer to "a set of human rights that are fundamental, are not awarded by human power, and
cannot be surrendered".
The adherence to the principle of indivisibility by the international community was reaffirmed in
1995:

All human rights are universal, indivisible and interdependent and related. The international
community must treat human rights globally in a fair and equal manner, on the same footing, and with
the same emphasis.
— Vienna Declaration and Program of Action, World Conference on Human Rights, 1995

This statement was again endorsed at the 2005 World Summit in New York (paragraph 121).

3. Interdependence and Interrelatedness:

The realization of one right often depends, wholly or in part, on the realization of others. For
example, real progress in civil and political rights is unlikely without advancements in economic,
social, and cultural rights. All human rights are indivisible and interdependent. This means that
one set of rights cannot be enjoyed fully without the other. For example, making progress in civil
and political rights makes it easier to exercise economic, social and cultural rights. Similarly,
violating economic, social and cultural rights can negatively affect many other rights.

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 Interdependence in human rights refers to the interconnectedness and mutual reliance of
different rights and freedoms. It emphasizes that the enjoyment of one right often depends on the
realization of others and that neglecting certain rights can undermine the fulfilment of broader human
rights objectives. Understanding interdependence is crucial for comprehensively addressing human
rights issues and advancing a holistic approach to rights protection and promotion. Let's explore
interdependence in human rights in more detail:

Holistic Approach to Rights Protection:

Interdependence underscores the need for a holistic approach to human rights protection,
recognizing that civil, political, economic, social, and cultural rights are interconnected and mutually
reinforcing. For instance:

 Civil and Political Rights vs. Economic and Social Rights: The exercise of civil and political
rights, such as the right to vote and freedom of expression, often relies on the realization of
economic and social rights, such as the right to education and healthcare. Without access to
education and health services, individuals may face barriers to political participation and
meaningful engagement in society.
 Right to Work and Right to Health: The right to work is closely linked to the right to health,
as employment provides income and access to healthcare services. Unemployment or
underemployment can lead to financial insecurity and limited access to essential healthcare,
impacting individuals' overall well-being and quality of life.

Addressing Root Causes of Human Rights Violations:

Interdependence highlights the interconnected nature of human rights violations and the
importance of addressing underlying factors that contribute to rights abuses. By addressing root
causes, societies can prevent the perpetuation of systemic injustices and promote the realization of
human rights for all:

 Poverty and Human Rights: Poverty is both a cause and consequence of human rights
violations, affecting access to food, housing, education, and healthcare. By addressing poverty
through social protection measures, economic empowerment, and equitable distribution of
resources, governments can uphold individuals' rights to a standard of living adequate for their
well-being.
 Gender Inequality and Violence: Gender-based violence is often rooted in systemic
inequalities and discriminatory social norms. Addressing gender inequality requires
challenging patriarchal structures, promoting women's empowerment, and ensuring access to
education, employment, and legal protection. By addressing gender-based violence, societies
can uphold individuals' rights to safety, dignity, and equality.

Intersectionality and Multiple Forms of Discrimination

Interdependence recognizes the intersectionality of human rights and the multiple forms of
discrimination individuals may face based on intersecting identities, such as race, gender, ethnicity,
sexuality, disability, and socioeconomic status. Intersectional analysis acknowledges the
interconnected nature of these identity markers and their impact on individuals' experiences of rights
and privileges:

 Racial Discrimination and Economic Inequality: Racial discrimination often intersects with
economic inequality, leading to disparities in employment, housing, education, and criminal

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 justice. By addressing both racial discrimination and economic inequality, societies can
promote equality and ensure the realization of human rights for all individuals, regardless of
race or socioeconomic status.
 LGBTQ+ Rights and Freedom of Expression: LGBTQ+ individuals may face discrimination
and violence based on their sexual orientation or gender identity, limiting their freedom of
expression and right to participate fully in society. By addressing LGBTQ+ rights violations and
promoting inclusive policies and legal protections, societies can uphold individuals' rights to
equality, dignity, and non-discrimination.

Interdependence in human rights emphasizes the interconnectedness of rights and the need for a
comprehensive approach to rights protection and promotion. By recognizing the interdependence of
civil, political, economic, social, and cultural rights, societies can address systemic inequalities,
prevent human rights violations, and promote the dignity and well-being of all individuals. Upholding
human rights requires addressing root causes of injustice, addressing intersectional discrimination,
and ensuring that all individuals have equal access to rights and opportunities, regardless of their
identity or background.

Interrelatedness in human rights refers to the interconnected nature of various rights and
freedoms, emphasizing how the fulfilment of one right is often dependent on the realization of others.
This principle recognizes that human rights are indivisible and interdependent, meaning that they are
interconnected and mutually reinforcing. Understanding the concept of interrelatedness is essential
for comprehensively addressing human rights issues and ensuring the holistic protection and
promotion of rights for all individuals. Here's a closer look at interrelatedness in human rights:

Holistic Perspective on Rights

Interrelatedness underscores the need for a holistic perspective on human rights, acknowledging
that civil, political, economic, social, and cultural rights are interdependent and interconnected. Rather
than viewing rights in isolation, this perspective recognizes the complex interactions between
different rights and the impact they have on each other.
For example:

 Right to Education and Right to Health: The right to education is closely linked to the right to
health, as education contributes to health literacy, empowers individuals to make informed
health decisions, and promotes healthy behaviours. Conversely, good health is essential for
effective learning and academic achievement, highlighting the interrelatedness of these two
rights.
 Freedom of Expression and Right to Participation: The freedom of expression enables
individuals to voice their opinions, participate in public debates, and engage in political
processes. In turn, the right to participation ensures that individuals have meaningful
opportunities to exercise their freedom of expression, contributing to democratic governance
and social change.

Intersectionality of Rights

Interrelatedness also recognizes the intersectionality of rights, acknowledging that individuals

may experience multiple forms of discrimination or marginalization based on intersecting identities
such as race, gender, ethnicity, sexuality, disability, and socioeconomic status. This intersectional
perspective highlights how the enjoyment of rights can be shaped by various factors and power
dynamics. For example:

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  Gender Equality and Economic Empowerment: Achieving gender equality requires
addressing economic disparities and ensuring women's equal access to education,
employment, and financial resources. Economic empowerment enhances women's ability to
exercise their rights, participate in decision-making processes, and challenge gender-based
discrimination.
 Racial Justice and Criminal Justice Reform: Racial justice involves addressing systemic
racism and discrimination in all areas of life, including the criminal justice system. Reforming
criminal justice policies and practices is essential for ensuring equal treatment and protection
of the rights of marginalized communities, particularly people of colour who are
disproportionately impacted by racial profiling, police brutality, and mass incarceration.

Policy Integration and Coherence

Interrelatedness calls for policy integration and coherence across different sectors and levels of
governance to effectively promote and protect human rights. This requires aligning laws, policies, and
programs to address interconnected human rights issues comprehensively.
For example:

 Housing and Environmental Rights: Ensuring access to adequate housing requires

addressing environmental factors such as pollution, climate change, and natural disasters that
can impact the availability and quality of housing. Integrating housing and environmental
policies can help mitigate environmental risks and promote sustainable urban development,
thereby safeguarding the right to adequate housing and a healthy environment.
 Healthcare and Social Protection: Access to healthcare is closely linked to social protection
measures such as unemployment benefits, disability assistance, and pension schemes.
Integrating healthcare and social protection policies can help address underlying social
determinants of health, reduce health inequities, and ensure universal access to essential
health services for all individuals.

Interrelatedness in human rights underscores the interconnected nature of rights and the need for
a comprehensive approach to rights protection and promotion. By recognizing the interdependence of
civil, political, economic, social, and cultural rights, societies can address systemic inequalities,
promote social justice, and uphold the dignity and well-being of all individuals. Embracing an
intersectional perspective and integrating rights-based approaches into policymaking can help
advance human rights agendas and create more inclusive and equitable societies for future
generations.

4. Equality and Non-Discrimination:

All individuals are equal as human beings and by virtue of the inherent dignity of each human
person. No one should face discrimination on any grounds such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth, or other status.

Article 1 of the UDHR states: “All human beings are born free and equal in dignity and rights.”
Freedom from discrimination, set out in Article 2, is what ensures this equality.

Equality before the law is a fundamental principle of human rights, emphasizing that all
individuals are entitled to equal protection and treatment under the law, without discrimination or
prejudice. This principle ensures that everyone has the same rights and freedoms and is subject to the
same legal standards, regardless of their race, ethnicity, gender, religion, nationality, or any other
status.

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  Legal Protections: Governments are responsible for enacting and enforcing laws that prohibit
discrimination and ensure equal access to justice for all individuals. Legal protections against
discrimination may encompass various areas of life, including employment, education, housing,
healthcare, and participation in public life.
 Access to Justice: Equality before the law requires ensuring that all individuals have equal
access to legal remedies and recourse mechanisms to seek redress for human rights violations.
This includes access to courts, legal aid services, and effective remedies for victims of
discrimination and injustice.

Non-discrimination cuts across all international human rights law. This principle is present in all
major human rights treaties. It also provides the central theme of 2 core instruments: the
International Convention on the Elimination of All Forms of Racial Discrimination, and the Convention
on the Elimination of All Forms of Discrimination against Women.

Non-discrimination is a core principle of human rights, affirming that all individuals are entitled to
enjoy their rights and freedoms without discrimination of any kind. Discrimination occurs when
individuals or groups are treated unfairly or disadvantaged based on characteristics such as race,
ethnicity, gender, religion, disability, sexual orientation, or socioeconomic status.

 Prohibition of Discrimination: Human rights instruments universally prohibit discrimination

in all its forms, including direct and indirect discrimination, harassment, and systemic
discrimination. States are obligated to adopt measures to prevent, prohibit, and eliminate
discrimination in both the public and private spheres.
 Positive Obligations: Non-discrimination entails not only refraining from discriminatory
practices but also taking positive measures to promote equality and prevent discrimination.
This may include affirmative action policies, anti-discrimination training, public awareness
campaigns, and the promotion of diversity and inclusion.

Gender equality is a fundamental human right, requiring the equal enjoyment of rights and
opportunities by all individuals, regardless of their gender identity or expression. Achieving gender
equality involves challenging discriminatory attitudes and practices, promoting women's
empowerment, and ensuring equal access to education, employment, healthcare, and decision-making
processes.

 Elimination of Gender-Based Discrimination: Gender-based discrimination remains

pervasive in many societies, affecting women and girls in various spheres of life. Efforts to
promote gender equality include legal reforms, awareness-raising initiatives, and targeted
interventions to address gender-based violence, discrimination in the workplace, and unequal
access to resources and opportunities.
 Intersectionality: Gender equality intersects with other dimensions of identity, such as race,
ethnicity, disability, and sexuality. Intersectional approaches to gender equality recognize the
unique experiences and challenges faced by individuals who belong to multiple marginalized
groups and seek to address overlapping forms of discrimination and inequality.

5. Participation and Inclusion:

Every person and all peoples are entitled to active, free, and meaningful participation in, contribution
to, and enjoyment of civil, economic, social, cultural, and political development in which human rights
and fundamental freedoms can be realized.
Promoting equality and non-discrimination requires adopting inclusive policies and practices that
accommodate the diverse needs and identities of all individuals. This may involve:

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  Accessibility: Ensuring that public services, facilities, and infrastructure are accessible to all
individuals, including people with disabilities, older persons, and marginalized communities.
 Reasonable Accommodation: Providing reasonable accommodations to individuals with
disabilities to ensure equal access to employment, education, healthcare, and other services.
 Affirmative Action: Implementing affirmative action measures to address historical and
systemic inequalities and promote the representation and participation of marginalized groups
in various spheres of society.

6. Accountability and Rule of Law:

States and other duty-bearers are answerable for the observance of human rights. In this regard,
they have to comply with the legal norms and standards enshrined in human rights instruments.
Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate
redress before a competent court or other adjudicator, in accordance with the rules and procedures
provided by law.
Accountability and the rule of law are crucial principles in the framework of human rights, ensuring
that governments and institutions are held responsible for their actions and those legal norms are
upheld to protect individual rights. These principles are essential for maintaining justice, equality,
and the protection of human rights within a society. Let's explore these concepts in detail:
Accountability

Accountability in the context of human rights refers to the obligation of states and other duty-
bearers to respect, protect, and fulfil human rights, and to be answerable for their actions or
inactions. This principle ensures that violations of human rights are addressed and that those
responsible are held to account.

 State Responsibility: Governments are the primary duty-bearers under international human
rights law. They have the obligation to implement policies, enact legislation, and establish
mechanisms to protect and promote human rights. Accountability means that states must take
responsibility for preventing human rights abuses and providing remedies when violations
occur.
 Mechanisms of Accountability: Effective mechanisms for accountability include judicial and
quasi-judicial bodies, such as courts, human rights commissions, ombudsman offices, and
international human rights tribunals. These bodies can investigate human rights violations,
adjudicate cases, and provide redress to victims.
 Transparency and Oversight: Accountability also involves transparency and oversight in
governance. This means that government actions must be open to scrutiny by the public, civil
society, and independent oversight bodies. Transparent processes help prevent corruption,
abuse of power, and human rights violations.

Rule of Law

The rule of law is a foundational principle that ensures all individuals and institutions, including
the government, are subject to and accountable under the law. It is fundamental to the protection and
promotion of human rights, providing a framework within which rights can be upheld and enforced.

 Legal Certainty and Equality: The rule of law ensures that laws are clear, publicized, and
applied equally to all individuals. It guarantees that no one is above the law and that everyone
has equal access to justice and protection under the law.

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  Access to Justice: The rule of law requires that individuals have the ability to seek and obtain a
remedy through competent and impartial courts or tribunals for violations of their rights. This
includes the right to a fair trial, legal representation, and an independent judiciary.
 Protection of Human Rights: The rule of law supports the protection of human rights by
providing legal mechanisms to challenge and remedy human rights violations. It ensures that
laws and legal processes adhere to international human rights standards and principles.

Relationship between Accountability and Rule of Law

Accountability and the rule of law are interdependent principles that reinforce each other in the
context of human rights. Together, they create a system where human rights are protected, and
violations are addressed effectively.

 Preventing Abuses: A robust rule of law framework helps prevent human rights abuses by
ensuring that laws are enforced fairly and consistently. Accountability mechanisms ensure that
when abuses do occur, those responsible are held to account.
 Building Trust in Institutions: Accountability and the rule of law build public trust in
institutions by demonstrating that they operate fairly and justly. This trust is essential for
social cohesion and the legitimacy of governmental and judicial systems.
 Promoting Good Governance: Both principles promote good governance by ensuring that
government actions are lawful, transparent, and accountable. Good governance, in turn, creates
an environment conducive to the protection and realization of human rights.

7. Challenges and Implementation

Challenges in Human Rights Implementation

1. Political Factors

 Authoritarian Regimes: Governments with authoritarian tendencies often suppress human

rights to maintain power, limiting freedoms of expression, assembly, and political
participation.
 Lack of Political Will: Even in democratic settings, political leaders might lack the
commitment to enforce human rights standards, often prioritizing economic or political gains
over human rights considerations.

2. Economic Factors

 Poverty: High levels of poverty can impede access to basic rights, such as education,
healthcare, and adequate housing. Poor economic conditions can also lead to exploitation and
child labour.
 Inequality: Economic inequality often leads to disparities in the enjoyment of rights.
Marginalized groups may experience systemic discrimination and lack access to essential
services.

3. Social and Cultural Factors

 Discrimination and Prejudice: Deep-seated biases based on race, gender, ethnicity, religion,
or sexual orientation can lead to systemic discrimination and exclusion from rights and
opportunities.

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  Cultural Relativism: Some argue that human rights are Western constructs, leading to
resistance against implementing certain rights in favour of local traditions and norms.

4. Institutional Weaknesses

 Weak Legal Frameworks: Inadequate or outdated legal systems can fail to protect rights
effectively. Weak enforcement mechanisms mean that even if rights are recognized, they may
not be upheld.
 Corruption: Corruption within government and judicial systems can undermine human rights
protections by allowing abuses to go unpunished and enabling the misuse of power.

5. Conflict and Instability

 War and Conflict: Armed conflicts often lead to severe human rights violations, including
displacement, loss of life, and destruction of infrastructure. They also strain the ability of states
to provide basic services.
 Political Instability: Unstable political environments can disrupt the implementation of
human rights and lead to periods of lawlessness and impunity.

6. Globalization and Corporate Power

 Exploitation: Multinational corporations sometimes exploit weak labor laws in developing

countries, leading to poor working conditions and environmental degradation.
 Lack of Regulation: Inadequate international regulatory frameworks can allow companies to
evade responsibility for human rights abuses.

Steps for Effective Implementation

1. Strengthening Legal and Institutional Frameworks

 Comprehensive Legislation: Governments must enact and enforce comprehensive human

rights laws that align with international standards. This includes laws against discrimination,
torture, and arbitrary detention.
 Judicial Independence: Strengthening the independence of the judiciary is crucial for
ensuring fair and impartial adjudication of human rights cases.

2. Promoting Economic and Social Rights

 Poverty Alleviation Programs: Implementing programs that address poverty and inequality
can help ensure that all individuals have access to basic rights such as education, healthcare,
and housing.
 Inclusive Policies: Policies that promote social inclusion and economic equity can help reduce
disparities and ensure that marginalized groups enjoy equal rights.

3. Enhancing Political Commitment

 Advocacy and Awareness: Civil society organizations, international bodies, and human rights
defenders must continue to advocate for human rights, raising awareness and holding
governments accountable.
 International Pressure: The international community can play a vital role by applying
diplomatic pressure, imposing sanctions, and supporting human rights initiatives.

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4. Combating Discrimination

 Education and Training: Public education campaigns and training programs can help change
discriminatory attitudes and promote a culture of respect for human rights.
 Anti-Discrimination Laws: Enacting and enforcing strong anti-discrimination laws is
essential for protecting the rights of marginalized groups.

5. Addressing Conflict and Instability

 Peace building Efforts: International and regional organizations should support peace
building and conflict resolution initiatives to create stable environments where human rights
can be upheld.
 Humanitarian Assistance: Providing humanitarian assistance to conflict-affected areas can
help mitigate the immediate impacts of human rights violations and support recovery efforts.

6. Regulating Corporate Conduct

 Binding Regulations: Developing binding international regulations on corporate conduct can

ensure that companies are held accountable for human rights abuses.
 Corporate Social Responsibility: Encouraging companies to adopt and implement corporate
social responsibility (CSR) initiatives can promote ethical practices and respect for human
rights.

Notion and Classification of Rights: Natural, Moral and Legal Rights.

Notion of Rights

Rights are entitlements or permissions usually granted by legal systems, ethical norms, or
social conventions. They provide individuals with the ability to act or be treated in specific ways and
impose obligations on others to respect these entitlements.

The notion of rights, particularly human rights, encompasses several core ideas and principles
that define what rights are, why they are important, and how they function within society.
Understanding this notion involves exploring the philosophical, legal, and moral foundations of rights,
their universality and indivisibility, and their role in protecting human dignity and promoting justice.
Here’s a comprehensive overview of the notion of rights:

1. Philosophical Foundations

Natural Rights Theory

 Natural Rights: This theory posits that rights are inherent to human beings and are not
granted by any authority. They exist by virtue of human nature and can be discovered through
reason. Thinkers like John Locke argued that life, liberty, and property are natural rights that
must be protected.
 Universal and Inalienable: Natural rights are universal, applying to all people regardless of
their context, and inalienable, meaning they cannot be taken away or forfeited.

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Legal Positivism

 Rights as Legal Constructs: According to legal positivism, rights are established and
recognized by legal systems and authorities. They are codified in laws and legal documents,
such as constitutions and international treaties.
 Dependence on Legal Systems: Rights exist because they are recognized and enforced by
legal systems, and their protection depends on the effectiveness of these systems.

2. Legal Foundations

International Human Rights Law

 Universal Declaration of Human Rights (UDHR): Adopted by the United Nations General
Assembly in 1948, the UDHR is a foundational document that outlines a broad range of rights
and freedoms to which all individuals are entitled.
 International Covenants: The International Covenant on Civil and Political Rights (ICCPR)
and the International Covenant on Economic, Social and Cultural Rights (ICESCR) further
elaborate on the rights listed in the UDHR, providing legally binding obligations for state
parties.

National Constitutions and Laws

 Constitutional Protections: Many countries enshrine human rights in their constitutions,

providing a legal framework for their protection and enforcement.
 Legislation: National laws, such as anti-discrimination statutes and labor laws, are designed to
protect specific rights and provide mechanisms for redress when rights are violated.

3. Moral and Ethical Dimensions

Human Dignity

 Inherent Worth: Human rights are based on the recognition of the inherent worth and dignity
of every person. This principle asserts that every individual deserves respect and ethical
treatment simply because they are human.
 Moral Obligations: Beyond legal obligations, there is a moral imperative to respect and
uphold human rights. Ethical frameworks, such as Kantian ethics, emphasize the duty to treat
individuals as ends in themselves, not merely as means to an end.

4. Universality and Indivisibility

Universality

 Global Application: Human rights are universal, meaning they apply to all people everywhere,
regardless of nationality, culture, or any other distinction. This principle is affirmed by
international agreements and declarations.
 Non-Discrimination: The universal nature of human rights demands that they be applied
without discrimination of any kind.

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Indivisibility and Interdependence

 Equal Importance: All human rights are indivisible and interdependent, meaning that civil,
political, economic, social, and cultural rights are equally important and must be upheld
collectively.
 Mutual Reinforcement: The fulfilment of one set of rights often depends on the realization of
others. For instance, the right to health is closely linked to the right to education and the right
to a healthy environment.

5. Functions and Roles

Protection of Individuals

 Safeguarding Freedoms: Human rights protect individuals from abuses and arbitrary actions
by the state or other entities. They ensure freedoms such as speech, assembly, and religion.
 Ensuring Basic Needs: Rights ensure that individuals can meet their basic needs, such as food,
shelter, education, and healthcare.

Promotion of Justice and Equality

 Social Justice: Human rights aim to promote social justice by addressing inequalities and
ensuring that everyone has access to opportunities and resources.
 Legal Equality: They ensure that all individuals are treated equally before the law and have
equal access to legal protections and remedies.

Framework for Governance

 Democratic Principles: Human rights provide a framework for democratic governance,

ensuring that power is exercised in a manner that respects and promotes the rights of
individuals.
 Accountability and Transparency: They promote accountability and transparency in
governance by setting standards for government actions and providing mechanisms for redress
when rights are violated.

The notion of rights, particularly human rights, is a comprehensive concept rooted in

philosophical, legal, and moral traditions. It emphasizes the inherent dignity, universality, and
indivisibility of rights, highlighting their crucial role in protecting individuals, promoting justice and
equality, and providing a framework for democratic governance. Understanding this notion is
essential for appreciating the importance of human rights and the need for their protection and
promotion in all societies.

Three Generations of Human Rights

Three Generations of Human Rights Proposed in 1979 by Czech-French jurist Karel Vasak at
the International Institute of Human Rights in Strasbourg, the three generations of human rights are
the reflections of the main human rights ideals being protected and upheld during the three centuries,
namely the 18th, 19th and the 20th century. During each century a particular dimension of human
rights were given primordial concern. The “Three Generations of Human Rights” concept is also
regarded as a portrayal of the evolution of human rights from its inception till the 20th century.

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 The concept of “three generations” is critically linked to the concepts which shaped the French
revolution: liberty, equality and fraternity. By proposing this concept, Vasak argues that Human Rights
can be classified into three generations: civilpolitical (18th century), social-economic-cultural (19th
century) and collective or solidarity rights (20th century). Vasak’s model is, of course, a simplified
expression of an extremely complex historical record, but it does not suggest a linear process in which
each generation gives birth to the next and then dies away. Nor does it imply that one generation
demands precedence over the other. The rights unique or ascribed to each generation do overlap, are
cumulative, interdependent and interpenetrating.

First Generation – Civil and Political Rights

First-generation human rights, sometimes called "blue rights", deal essentially with liberty
and participation in political life. They are fundamentally civil and political in nature. Civil and
Political Rights the first generation alludes to the rights prevalent and derived from the 18th century.
It embodies the concepts of liberal individualism and laissez-faire and consisted primarily of negative
rights rather than positive ones.

This generation marks the inception of the concept of human rights; associated with the
Enlightenment; so, it reflects an outcry against state intrusion into individualistic pursuits, primarily,
civil and political. The freedoms from discrimination, inhuman treatment, arbitrary arrest, detention,
exile, torture etc. have been deliberated during this time period. Also, proprietary rights were also
advocated during this period. It formed the basis of the American and French revolutions.

The first generation human rights, primarily consisted of negative rights (“freedom from”) as
opposed to positive ones (“right to”) because the reason for the advocacy of such rights were to stand
against the arbitrary power of the state along with the intrusion of the papal church. But it would be
wrong to conclude that only negative rights were advocated. Positive rights, namely, right to security,
a fair and public trial, asylum were also negotiated during this period.

Freedom forms the primary notion furthered by the first generation. It was regarded as a
shield of protection against the abusive and arbitrary power of the state over individuals. This first
generation attribute and ideal of freedom is resonated in almost every Constitution of countries
embarking democracy.

The key people instrumental in the formulation of first generation human rights were Hobbes
and Locke whose works solicited individualism and the generation is considered a reprisal against
Hegelian glorification of the State.

Historical Context:

 Origins: The first generation of human rights emerged in the 17th and 18th centuries, heavily
influenced by the Enlightenment and revolutions in America and France. These rights were
primarily aimed at protecting individuals from the excesses of the state and ensuring their
participation in the political process.
 Key Documents: The American Declaration of Independence (1776), the French Declaration of
the Rights of Man and of the Citizen (1789), and later, the Universal Declaration of Human
Rights (UDHR) in 1948 emphasized these rights.

Characteristics:

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  Negative Rights: These rights require the state to refrain from interfering in certain individual
freedoms. They are often described as "negative" because they necessitate non-interference.
 Focus on Liberties: They ensure fundamental freedoms and personal liberties, allowing
individuals to act without unwarranted government restriction.

Examples:

 Right to Life and Security (Article 3): Protection against arbitrary deprivation of life and
personal security.
 Freedom of Speech (Article 20): The right to express opinions without censorship or
restraint.
 Right to Fair Trial (Article 10): Guarantees fair and public hearings by impartial tribunals.
 Freedom of Religion (Article 25): The right to practice, change, and express one's religion
freely.
 Right to Vote: The ability to participate in free and fair elections.

Second Generation – Social, Economic and Cultural Rights

Second-generation human rights are related to equality and began to be recognized by

governments after World War II. They are fundamentally economic, social, and cultural in
nature. Social, Economic and Cultural Rights Drawing life from the socialistic tradition, second
generation human rights, formulated in the 19th century, consisted of fundamental rights concerning
social, economic and cultural dimensions of human life. The formulation of second generation rights
was retaliation against capitalism that had formed as a result of the 18th century. The human rights
movement, which defined the second generation, began in early 19th century simultaneous and
concurrent to the Saint-Simonian movement which advocated Christian Socialism.

The second generation human rights movement was opposed to capitalistic endeavours, rather
than the State. It was due to the uncritical conception of individual liberty which ultimately led to
abusive exploitation of the working class and of colonial peoples.

Essentially, the second generation human rights are a counter-point to first generation human
rights. To be accurate, it countered the excessive and uncontrolled advocacy of individualism which
ultimately led to the oppression of individuals, communities and classes alike. That constituted the
reason why the second generation consisted majorly of positive rights as compared to the first
generation which primarily advocated negative rights.

A stark contrast that the second generation bore as compared to the first was that it called for
the intervention of the state rather than its abstention. It made such a call to ensure that there was
equitable distribution of values and capabilities among the oppressed. Yet, such a call was limited as
the second generation was emphatic on attaining and promoting social equality and most rights
claimed during the period did not essentially require much state intervention for the enforcement of
the same.

Second generation human rights have been embedded in the Universal Declaration of Human
Rights, such as the right to social security; the right to work and to protection against unemployment;
the right to rest and leisure, including periodic holidays with pay; the right to a standard of living
adequate for the health and wellbeing of self and family; the right to education; and the right to the
protection of one’s scientific, literary, and artistic production.

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 Again, it cannot definitely be said that the second generation exclusively identifies positive
rights only. Rights such as the right to free choice of employment, the right to form and to join trade
unions, and the right to participate freely in the cultural life of the community enshrined in the
Universal Declaration of Human Rights do not inherently require affirmative state action to ensure
their enjoyment.

When compared to first generation rights, second generation rights have not gained sufficient
momentum and have not formed part of a strict international legal regime. This is much due to the
delayed arrival of socialist-communist influences and the neo liberal globalisation of the 20th century.
But since the demand for social equality rise with apparent human rights violations by corporate
entities; second generation human rights is predicted to grow and mature as time goes on.

Historical Context:

 Origins: These rights gained prominence in the 19th and 20th centuries, particularly with the
rise of industrialization and the subsequent social and economic inequalities it produced. The
socialist movements and the aftermath of the World Wars significantly contributed to the
recognition of these rights.
 Key Documents: The International Covenant on Economic, Social and Cultural Rights
(ICESCR), adopted in 1966, is a cornerstone document for these rights.

Characteristics:

 Positive Rights: These rights require active provision and intervention by the state to be
realized. They are often described as "positive" because they necessitate state action and
resource allocation.
 Focus on Equality and Welfare: They ensure access to essential services and opportunities
necessary for a dignified life.

Examples:

 Right to Education (Article 26): Ensures access to quality education for all individuals.
 Right to Health (Article 25): Guarantees access to healthcare services and facilities.
 Right to Work (Article 23): Includes the right to earn a livelihood through freely chosen work
and to receive fair wages.
 Right to Social Security (Article 22): Provides support for individuals in times of need, such as
unemployment, disability, or old age.
 Right to an Adequate Standard of Living (Article 25): Ensures access to food, clothing, and
housing.

Third Generation – Collective or Solidarity Rights

Evidently the product of 20th century liberal thought, anti-colonialism and anti-imperialism;
third generation human rights is a reconceptualization of the first two generations of human rights.
Predicted to have followed from the rise and fall of the state, third generation rights was facilitated by
the technological advancements of the second half of the 20th century; so, the movement involved the
efforts of human rights institutions and interest groups.

The third generation essentially reflected the rise of “nationalism” and the demand
international comity in the distribution of wealth and power among peoples, particularly the
protection of colonised and indigenous people.

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 Six rights in general can be said to claim the rights belonging to the third generation. The right
to political, economic, social, and cultural self-determination; the right to economic and social
development; the right to participate in and benefit from “the common heritage of mankind”, the right
to peace, the right to a clean and healthy environment, and the right to humanitarian disaster relief
forms the third generation of human rights. The first three rights mentioned above mirrors the
concept of nationalism and “the revolution of rising expectations.” And the remaining three rights
were claimed in the third generation realising the impotency of the state in certain critical aspects.

The third generation embodies the concept of collective rights; which requires different social
actors to put in effort to safeguard and enforce these rights. So, these rights render themselves more
aspirational rather justiciable and possess an ambiguous character.

Thus, at various stages of modern history, human rights have been accorded amorphous
definitions. Each definition accorded did not invalidate the existing definition or the concept but
accrued the regime. The history of the three generations reveals that each successive generation
evolved as a product of necessity rather than any different approach to interpretation or academic
perception. One can see that the first generation resulted in the evolution of the second and the third
was the reconceptualization of the first two. And when closely observed, one can predict the future
evolution of the content of human rights to a “fourth” generation (the rights of future generations);
which indeed is under debate among scholars.

Historical Context:

 Origins: The concept of third-generation rights emerged in the latter half of the 20th century,
reflecting the global interdependence and addressing issues that affect entire communities or
humanity as a whole. These rights became more pronounced with the decolonization
movement and the growing awareness of global challenges such as environmental degradation
and international conflict.
 Key Documents: While not as formally codified as the first two generations, several
international declarations and conferences have highlighted these rights, such as the Rio
Declaration on Environment and Development (1992).

Characteristics:

 Collective Nature: These rights are often enjoyed collectively by groups or peoples rather than
individually.
 Focus on Global Issues and Interdependence: They address broader, transnational issues
that require collective action and international cooperation.

Examples:

 Right to Self-Determination: The right of peoples to determine their political status and
pursue their economic, social, and cultural development.
 Right to Development: The right to participate in and benefit from economic, social, cultural,
and political development.
 Right to a Healthy Environment: Ensures the right to live in a balanced and sustainable
environment.
 Right to Peace (Article 20): The right to live in conditions of peace and security, free from war
and conflict.
 Right to Humanitarian Assistance: Ensures the right to receive assistance during disasters
and emergencies.

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Characteristics of Human rights

1. Human rights are universal in nature which means that they are given to every individual
irrespective of his/her caste, creed, race, religion, nationality and place of birth.
2. These are inalienable rights. Many philosophers believe that these are natural rights given
by God and cannot be taken away or changed by anyone.
3. These are indivisible and interdependent rights. If a government gives one right then it has
to protect the other rights of its citizens. For example, it is the duty of government to protect
the right of fair hearing and provide food, shelter and clean environment to its citizens in
order to protect the right to life of its citizens.
4. They are inherent to each person and available since birth.
5. They are not lost if the man is not familiar with his rights or if he does not use his rights. For
example if a person is not aware of his right to consult the advocate then it does not mean
that his right is finished. It is then the duty of authorities to provide him with free legal aid
or tell him his rights.
6. They protect the dignity and personality of humans. Rights like right to life, right to liberty,
right against arbitrary arrest and punishment etc. protect the dignity of a person.

Basis & Sources of Human Rights

The basis and sources of human rights can be understood through various lenses, including
philosophical, legal, and historical perspectives. These foundations explain why human rights are
considered inherent and inalienable, and they outline the documents, institutions, and principles that
recognize and protect these rights. Below is an exploration of the basis and sources of human rights.

Basis of Human Rights

Human rights are rights we have simply because we exist as human beings - they are not
granted by any state. These universal rights are inherent to us all, regardless of nationality, sex,
and national or ethnic origin, colour, religion, language, or any other status. They range from the
most fundamental - the right to life - to those that make life worth living, such as the rights to food,
education, work, health, and liberty.

Several theoretical approaches have been advanced to explain how and why human rights
become part of social expectations. One of the oldest Western philosophies on human rights is that
they are a product of a natural law, stemming from different philosophical or religious grounds. Other
theories hold that human rights codify moral behaviour which is a human social product developed by
a process of biological and social evolution (associated with David Hume). Human rights are also
described as a sociological pattern of rule setting (as in the sociological theory of law and the work
of Max Weber). These approaches include the notion that individuals in a society accept rules from
legitimate authority in exchange for security and economic advantage (as in John Rawls) – a social
contract.

1. Philosophical Foundations

Natural Law Theory:

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  Inherent and Universal: According to natural law theory, human rights are inherent in human
beings by virtue of their humanity. They are universal and not dependent on laws or customs.
 Moral Order: This theory posits that there is a natural moral order that underpins human
rights. Thinkers like John Locke argued that certain rights (life, liberty, property) are derived
from natural law.
 Natural law theories base human rights on a "natural" moral, religious or even biological order
which is independent of transitory human laws or traditions. Socrates and his philosophic
heirs, Plato and Aristotle, posited the existence of natural justice or natural right. Of these,
Aristotle is often said to be the father of natural law, although evidence for this is due largely to
the interpretations of his work by Thomas Aquinas. The development of this tradition
of natural justice into one of natural law is usually attributed to the Stoics.
 Some of the early Church fathers sought to incorporate until then pagan concept of natural law
into Christianity. Natural law theories have featured greatly in the philosophies of Thomas
Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von
Pufendorf, and John Locke. In the 17th century, Thomas Hobbes founded a contractualist
theory of legal positivism on what all men could agree upon: what they sought (happiness) was
subject to contention, but a broad consensus could form around what they feared (violent
death at the hands of another). The natural law was how a rational human being, seeking to
survive and prosper, would act. It was discovered by considering humankind's natural rights,
whereas previously it could be said that natural rights were discovered by considering the
natural law. In Hobbes' opinion, the only way natural law could prevail was for men to submit
to the commands of the sovereign. In this lay the foundations of the theory of a social contract
between the governed and the governor.
 Hugo Grotius based his philosophy of international law on natural law. He wrote that "even the
will of an omnipotent being cannot change or abrogate" natural law, which "would maintain its
objective validity even if we should assume the impossible, that there is no God or that he does
not care for human affairs." (De iure belli ac pacis, Prolegomeni XI). This is the famous
argument etiamsi daremus (non-esse Deum), that made natural law no longer dependent on
theology. John Locke incorporated natural law into many of his theories and philosophy,
especially in Two Treatises of Government. Locke turned Hobbes' prescription around, saying
that if the ruler went against natural law and failed to protect "life, liberty, and property,"
people could justifiably overthrow the existing state and create a new one.
 The Belgian philosopher of law Frank van Dun is one among those who are elaborating a
secular conception of natural law in the liberal tradition. There are also emerging and secular
forms of natural law theory that define human rights as derivative of the notion of universal
human dignity. The term "human rights" has replaced the term "natural rights" in popularity,
because the rights are less and less frequently seen as requiring natural law for their existence.

Kantian Ethics:

 Human Dignity: Immanuel Kant's philosophy emphasizes the intrinsic worth of individuals.
According to Kant, people should be treated as ends in themselves and not merely as means to
an end, supporting the idea of fundamental human rights.
 Moral Imperatives: Kantian ethics provide moral imperatives that respect individual
autonomy and rationality, forming the basis for many human rights principles.

Utilitarianism:

 Greatest Happiness Principle: Utilitarianism, as articulated by philosophers like John Stuart

Mill and Jeremy Bentham, suggests that actions should aim to maximize overall happiness and

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 minimize suffering. This principle supports the protection of human rights as a means to
achieve the greatest good for the greatest number.

2. Legal Foundations

International courts:

 The International Court of Justice (ICJ) is the United Nations' primary judiciary body. It has
worldwide jurisdiction. It is directed by the Security Council. The ICJ settles disputes between
nations. The ICJ does not have jurisdiction over individuals.
 The International Criminal Court (ICC) is the body responsible for investigating and
punishing war crimes, and crimes against humanity when such occur within its jurisdiction,
with a mandate to bring to justice perpetrators of such crimes that occurred after its creation
in 2002. A number of UN members have not joined the court and the ICC does not have
jurisdiction over their citizens, and others have signed but not yet ratified the Rome Statute,
which established the court.

International Law:

 Universal Declaration of Human Rights (UDHR): Adopted by the UN General Assembly in

1948, the UDHR is a seminal document that articulates fundamental human rights to be
universally protected.
 International Covenants: The International Covenant on Civil and Political Rights (ICCPR)
and the International Covenant on Economic, Social and Cultural Rights (ICESCR), both
adopted in 1966, legally bind signatory countries to uphold a broad range of human rights.

National Constitutions and Laws:

 Constitutional Protections: Many national constitutions enshrine human rights, providing a

legal framework for their protection and enforcement. Examples include the U.S. Bill of Rights
and the German Basic Law.
 Legislation and Jurisprudence: National laws and judicial decisions further elaborate and
protect human rights, often drawing on international human rights norms.

Sources of Human Rights

1. International Sources

United Nations (UN):

 Charter of the United Nations: The UN Charter, adopted in 1945, outlines the organization's
commitment to promoting human rights globally.
 Human Rights Treaties: Various UN treaties and conventions, such as the Convention on the
Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), specify and protect human rights.

Regional Organizations:

 European Convention on Human Rights (ECHR): Adopted by the Council of Europe in 1950,
the ECHR protects civil and political rights across Europe.

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  African Charter on Human and Peoples' Rights: Adopted by the African Union in 1981, this
charter protects a broad range of human rights on the African continent.
 American Convention on Human Rights: Adopted by the Organization of American States
(OAS) in 1969, it protects human rights in the Americas.

2. National Sources

Constitutions:

 Foundational Legal Documents: Constitutions serve as the supreme law of the land, often
incorporating fundamental human rights and providing mechanisms for their enforcement.
Examples include the Indian Constitution and the South African Constitution.

Legislation:

 Specific Laws: Countries pass specific laws to protect human rights, such as anti-
discrimination laws, labour laws, and criminal justice reforms. For instance, the Civil Rights Act
in the United States and the Equality Act in the United Kingdom.

Judicial Decisions:

 Court Rulings: Judicial interpretations of constitutional and legislative provisions play a

crucial role in the protection and development of human rights. Supreme courts and
constitutional courts often make landmark rulings that shape human rights law.

International treaties

These are the most important sources of human rights. There are multiple treaties on human
rights which are binding on the states who are party to such treaties. For example, the European
Convention on Human Rights, the American Convention, the African Charter on Human Rights,
and People’s Rights.
International customs

These rights have acquired the status of customary international law by their practice and,
thus, are binding on all the states irrespective of their consent. Many of these rights are a part of
customary international law and thus known as a source of human rights.

International instruments
There are several declarations, resolutions, and recommendations related to human rights that
have been adopted by the United Nations as a source of such rights. Some of these are the Universal
Declaration of Human Rights (1948), declarations adopted at the Tehran Conference (1968) and
the Vienna Conference (1993).

Official documents

Documents and journals like Human Rights Law Journal, Human Rights Review, European Law
Review, and other collective official work under the United Nations serve as the source of human
rights.

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 Theories of Human Rights

1. Natural Rights:

Many researchers have faith in natural rights. They stated that people inherit several rights
from nature. Before they came to live in society and state, they used to live in a state of nature. In it,
they appreciated certain natural rights, like the right to life, right to liberty and right to property.
Natural rights are parts of human nature and reason. Political theory maintains that an individual
enters into society with certain basic rights and that no government can deny these rights.

In classical political philosophy “natural right” denotes to the objective rightness of the right
things, whether the virtue of a soul, the correctness of an action, or the excellence of a regime.
Aristotle stated in Politics (1323a29-33) that no one would call a man happy who was completely
lacking in courage, temperance, justice, or wisdom. A man who was easily terrified, unable to restrain
any impulse toward food or drink, willing to ruin his friends for a trifle, and generally senseless could
not possibly lead a good life. Even though chance may occasionally prevent good actions from having
their normal consequences, so that sometimes cowards fare better than brave men, courage is still
objectively better than cowardice. The virtues and actions that contribute to the good life, and the
activities intrinsic to the good life, are naturally right.

The modern idea of natural rights grew out of the ancient and medieval doctrines of natural
law, but for other scholars, the concept of natural rights is unreal. Rights are the products of social
living. These can be used only in a society. Rights have behind them the recognition of society as
common claims for development, and that is why the state protects these rights. John Locke (1632–
1704), the most influential political philosophers of the modern period, argued that people have
rights, such as the right to life, liberty, and property that have a foundation independent of the laws of
any particular society. Locke claimed that men are naturally free and equal as part of the justification
for understanding legitimate political government as the result of a social contract where people in
the state of nature conditionally transfer some of their rights to the government in order to better
ensure the stable, comfortable enjoyment of their lives, liberty, and property. Since governments exist
by the consent of the people in order to protect the rights of the people and promote the public good,
governments that fail to do so can be resisted and replaced with new governments.

Definition and Origins:

 Inherent and Universal: Natural rights are those that are believed to be inherent to all human
beings by virtue of their humanity. They are considered universal and inalienable, meaning
they cannot be taken away or surrendered.
 Philosophical Foundations: The concept of natural rights is rooted in the Enlightenment
philosophy of thinkers like John Locke, who argued that certain rights are derived from human
nature and can be discerned through reason.

Key Characteristics:

 Pre-Legal: Natural rights exist independently of any legal or governmental systems. They are
not granted by laws or authorities but are inherent in human nature.

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  Universal Application: These rights apply to all individuals regardless of their nationality,
culture, or context.

Examples:

 Right to Life: Every individual has the natural right to life.

 Right to Liberty: Every individual has the natural right to freedom and autonomy.
 Right to Property: Individuals have the right to own property acquired through their labour.

2. Moral Rights:

The term “moral rights” is a translation of the French term “Droit Moral,” and refers not to
“morals” as advocated by the religious right, but rather to the ability of authors to control the eventual
fate of their works. An author is said to have the “moral right” to control his/her work. Moral Rights
are based on human consciousness. They are supported by moral force of human mind. These are
based on human sense of goodness and justice. These are not assisted by the force of law. Sense of
goodness and public opinion are the sanctions behind moral rights.

If any person disrupts any moral right, no legal action can be taken against him. The state does not
enforce these rights. Its courts do not recognize these rights. Moral Rights include rules of good
conduct, courtesy and of moral behaviour. These stand for moral perfection of the people.

Moral rights were first acknowledged in France and Germany, before they were included in the Berne
Convention for the Protection of Literary and Artistic Works in 1928. Canada recognized moral rights
in its Copyright Act. The United States became a signatory to the convention in 1989, and incorporated
a version of moral rights under its copyright law under Title 17 of the U.S. Code. There are two major
moral rights under the U.S. Copyright Act. These are the right of attribution, also called the right of
paternity and the right of integrity.

Definition and Origins:

 Ethical and Philosophical Basis: Moral rights are derived from ethical or moral principles
and are considered binding by moral standards rather than legal mandates. These rights are
often grounded in religious, philosophical, or cultural norms.
 Moral Philosophy: Moral rights are discussed extensively in moral philosophy and ethics, with
various theories providing different bases for these rights. For example, Kantian ethics
emphasizes the duty to respect individuals as ends in themselves.

Key Characteristics:

 Not Legally Binding: Unlike legal rights, moral rights are not necessarily codified in law. They
are upheld by societal norms and ethical principles.
 Cultural and Contextual: Moral rights can vary depending on cultural, religious, or
philosophical contexts. What is considered a moral right in one culture may not be recognized
as such in another.

Examples:

 Right to Respect: Every individual has the moral right to be treated with respect and dignity.

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  Right to Compassion: Individuals have the moral right to receive compassion and empathy
from others.
 Right to Ethical Treatment: People have the moral right to be treated ethically and justly by
others.

3. Legal Rights:

Legal rights are those rights which are accepted and enforced by the state. Any defilement of any legal
right is punished by law. Law courts of the state enforce legal rights. These rights can be enforced
against individuals and also against the government. In this way, legal rights are different from moral
rights. Legal rights are equally available to all the citizens. All citizens follow legal rights without any
discrimination. They can go to the courts for getting their legal rights enforced.

Legal Rights are of three types:

a) Civil Rights:
Civil rights are those rights which provide opportunity to each person to lead a civilized social life.
These fulfil basic needs of human life in society. Right to life, liberty and equality are civil rights. Civil
rights are protected by the state.

Civil rights are those rights that provide an opportunity for each person to lead a civilized social life.
These fulfil the basic needs of human life in society. Civil rights are a class of rights that protect
individuals’ freedom from infringement by governments, social organizations, and private individuals,
and which ensure one’s ability to participate in the civil and political life of the society and state
without discrimination or repression. They enable a person to live a dignified life. Civil rights include
the right to life, liberty, and security, the right to privacy, freedom of movement, freedom of thought,
conscience, and religion.

b) Political Rights:
Political rights are those rights by virtue of which inhabitants get a share in the political process.
These allow them to take an active part in the political process. These rights include right to vote,
right to get elected, right to hold public office and right to criticise and oppose the government.
Political rights are really available to the people in a democratic state.

c) Economic Rights:
Economic rights are those rights which provide economic security to the people. These empower all
citizens to make proper use of their civil and political rights. The basic needs of every person are
related to his food, clothing, shelter, and medical treatment. Without the fulfilment of these no
person can really enjoy his civil and political rights. It is therefore essential, that every person must
get the right to work, right to adequate wages, right to leisure and rest, and right to social security
in case of illness, physical disability and old age.

Definition and Origins:

 Codified in Law: Legal rights are those rights that are recognized and protected by legal
systems. They are established through legislation, constitutions, treaties, and judicial decisions.

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  Positive Law: Legal rights are part of positive law, which refers to the body of laws enacted by
legislative bodies and enforced by the state.

Key Characteristics:

 Enforceable: Legal rights can be enforced through legal mechanisms, such as courts and
tribunals. Violations of legal rights can result in legal consequences.
 Jurisdiction-Specific: Legal rights can vary significantly between different jurisdictions. What
is a legal right in one country may not be recognized as such in another.

Examples:

 Right to a Fair Trial: Enshrined in legal systems to ensure that individuals receive a fair and
impartial judicial process.
 Right to Vote: Legally protected in democratic countries, allowing citizens to participate in the
electoral process.
 Right to Freedom of Speech: Protected by laws and constitutions in many countries, allowing
individuals to express their opinions without fear of retaliation.

4. Human and Legal Rights:

There is some difference between moral or human rights and legal rights. Legal rights require for
their justification an existing system of law. Legal rights are, roughly, what the law says they are, at
least insofar as the law is enforced. Legal rights gain their force first of all through legislation or
decree by a legally authorized authority. Those who support adoption of laws establishing legal rights
often appeal to a notion of human rights. Laws against theft might appeal to notions of a moral right to
own property. But human or moral rights must gain their validity through some other source other
than legal rights, since people can appeal to human or moral rights to criticize the law or advocate
changes in the law (or legal rights), and people could not do this if moral rights were based upon the
law.

5. Contractual Rights:

Contractual rights originated from the practice of promise-keeping. They apply to particular
individuals to whom contractual promises have been made. Contractual rights ascend from specific
acts of contract making. They normally come into being when the contract is made, and they reflect
the contractual duty that another party has acquired at the same time. As a result of a contract, party A
has a contractual duty, say, to deliver some good or service to party B, who has a contractual right to
the good or service. Contractual rights may be upheld by the law, and in that sense can rest upon legal
rights, but it is possible to conceive of contracts made outside of a legal framework and to rest purely
upon moral principles. However, such contracts are less secure than contracts made within a legal
framework, for obvious reasons. There are numerous examples of contractual rights such as:

-Rights to purchase a particular product or service

-Rights to be sell a product or service

-Rights to be the only seller or buyer

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-Rights to delivery and timely payment

-Rights to refunds or repairs

-Various rights according to the specific intentions of each party

6. Utilitarianism

Foundation and Origins

Utilitarianism is a consequentialist theory that evaluates actions based on their outcomes. It

holds that the best action is the one that maximizes overall happiness and minimizes suffering. In the
context of human rights, utilitarianism justifies rights based on their contribution to overall well-
being.

Key Proponents

Philosophers such as Jeremy Bentham and John Stuart Mill are central figures in utilitarianism.
Bentham is known for his principle of utility, while Mill expanded on this idea by considering the
quality of pleasures and the importance of individual liberty.

Core Principles

 Greatest Happiness Principle: Actions and policies should aim to achieve the greatest
happiness for the greatest number of people. Human rights are valued for their role in
promoting overall well-being.
 Consequentialism: The moral worth of an action is determined by its consequences. Rights are
justified based on their positive outcomes for society.
 Balance of Interests: Utilitarianism requires balancing the interests of different individuals and
groups to maximize collective happiness.

Relevance and Critique

Utilitarianism provides a pragmatic approach to human rights, emphasizing the importance of

outcomes and the overall welfare of society. It offers a flexible framework for assessing rights in
different contexts. However, critics argue that utilitarianism can justify the violation of individual
rights if it leads to greater overall happiness. This potential conflict between individual and collective
interests is a significant challenge for utilitarian theory.

Relevance of Ratification by States in Human Rights

The ratification of human rights treaties by states is a critical step in the international human rights
framework. Ratification signifies a state's formal commitment to uphold, protect, and promote the
rights articulated in the treaty. This process not only holds states accountable but also facilitates the
integration of international human rights standards into domestic law, thereby enhancing the
protection of human rights at both national and international levels. Here we explore the various
dimensions of the relevance of ratification by states in human rights.

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1. Legal Commitment and Accountability

Binding Obligations Ratification of human rights treaties transforms international norms into
binding legal obligations for states. This means that states are legally required to adhere to the
provisions of the treaty, making a formal and enforceable commitment to protect and promote the
specified rights.

Domestic Implementation Ratification often necessitates changes in national legislation and policies
to align with international human rights standards. This process ensures that human rights are not
only recognized at the international level but are also protected and enforced within the domestic
legal framework. It enables individuals to seek redress for human rights violations through national
courts and institutions.

Monitoring and Reporting States that ratify human rights treaties are typically required to submit
periodic reports to international monitoring bodies, such as the United Nations Human Rights
Committee or the Committee on the Elimination of Discrimination against Women. These reports
detail the measures taken to implement the treaty provisions and the progress made in protecting
human rights. This process promotes transparency and accountability, encouraging states to comply
with their obligations.

2. International Legitimacy and Credibility

Global Standing Ratification enhances a state's legitimacy and credibility in the international
community. By committing to international human rights standards, states signal their willingness to
adhere to globally accepted norms and principles. This can strengthen a state's diplomatic
relationships and its standing in international forums.

Influence on International Relations States that ratify human rights treaties may gain greater
influence in shaping international human rights policies and practices. Their commitment can
enhance their role in international organizations and contribute to the development of new human
rights norms and standards.

Moral Authority Ratifying human rights treaties grants states moral authority in advocating for
human rights globally. It allows them to participate more effectively in international human rights
discourse and to hold other states accountable for their human rights practices.

3. Promotion of Human Rights Culture

National Human Rights Institutions Ratification can lead to the establishment or strengthening of
national human rights institutions (NHRIs), such as human rights commissions or ombudspersons.
These institutions play a crucial role in monitoring human rights, addressing violations, and
promoting awareness and education about human rights within the country.

Public Awareness and Education Ratification can stimulate public awareness and education about
human rights. Governments, civil society organizations, and educational institutions may undertake
initiatives to educate the public about their rights and the means to protect them. This can foster a
culture of respect for human rights and empower individuals to assert their rights.

Civil Society Engagement The ratification of human rights treaties often encourages greater
engagement by civil society organizations in the promotion and protection of human rights. These

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organizations can play a critical role in monitoring state compliance, advocating for policy changes,
and providing support to victims of human rights abuses.

4. Facilitation of International Cooperation

Technical Assistance and Capacity Building Ratification can facilitate international cooperation in
the form of technical assistance and capacity-building initiatives. International organizations and
other states may provide support to help implement treaty obligations, including training for law
enforcement, judicial personnel, and policymakers on human rights issues.

Development Aid and Support States that ratify human rights treaties may receive development aid
and support from international donors and organizations that prioritize human rights. This support
can help implement human rights programs and initiatives, contributing to social and economic
development that aligns with human rights principles.

Exchange of Best Practices Ratification promotes the exchange of best practices and experiences
among states. By participating in international human rights mechanisms, states can learn from each
other’s successes and challenges in implementing human rights standards, leading to improved
practices and outcomes globally.

5. Challenges and Critiques

Implementation Gaps One of the primary challenges is the gap between ratification and actual
implementation. Some states may ratify human rights treaties but fail to effectively integrate these
standards into domestic law or practice. This can result from a lack of political will, resources, or
capacity.

Reservations and Declarations States may enter reservations or declarations upon ratification,
which can limit the scope of their obligations under the treaty. While reservations are intended to
allow flexibility, they can also undermine the universality and effectiveness of human rights
protections.

Enforcement Mechanisms International enforcement mechanisms for human rights treaties are
often limited. While monitoring bodies can review state reports and issue recommendations, they
generally lack the authority to enforce compliance. This can reduce the impact of ratification if states
do not take the recommendations seriously.

Political and Cultural Resistance In some cases, there may be political or cultural resistance to
implementing international human rights standards. Governments may face opposition from domestic
groups that perceive these standards as incompatible with local traditions or political interests..

Impact of Ratifying with Reservations

Ratifying international treaties with reservations allows states to become parties to treaties while
excluding or modifying the effect of certain provisions. This practice provides flexibility, enabling
broader participation in international agreements. However, it also presents several challenges and
implications that can affect the overall effectiveness and uniformity of international law, particularly
in the realm of human rights. Here we explore the impact of ratifying with reservations in detail.

1. Legal Impact

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Modification of Obligations Reservations modify the obligations of the reserving state under the
treaty. This means that the state is not bound by specific provisions it has reserved against, which can
lead to a differentiated legal regime where some states are fully committed to all treaty provisions
while others are not.

Legal Uncertainty Reservations can create legal uncertainty and ambiguity. Other states and
international bodies might question the scope and validity of the reservations, leading to disputes and
a lack of clarity regarding the extent of a state's commitments.

Compliance and Enforcement: Enforcement of treaty provisions can become complicated when
reservations are involved. Monitoring bodies may find it challenging to assess compliance uniformly,
and states may exploit reservations to evade scrutiny or accountability for specific obligations.

2. Impact on Human Rights Treaties

Undermining Universal Standards Human rights treaties aim to establish universal standards of
protection. Reservations can undermine these standards by allowing states to opt-out of key
provisions, potentially weakening the overall protective framework intended by the treaty.

Selective Commitment By making reservations, states may selectively commit to human rights
obligations, adhering to those that align with their domestic policies while excluding those that do not.
This selective approach can dilute the effectiveness of human rights protections and hinder progress
toward universal human rights norms.

Role of Monitoring Bodies Human rights monitoring bodies, such as the UN Human Rights
Committee, scrutinize reservations to ensure they are not incompatible with the object and purpose of
the treaty. However, their ability to enforce compliance is limited, and states may persist with
problematic reservations despite objections.

3. Political and Diplomatic Impact

Diplomatic Relations Reservations can affect diplomatic relations between states. Other states may
view reservations as an unwillingness to fully commit to international norms, potentially leading to
strained relations or diplomatic tensions.

International Standing A state's international standing and credibility can be influenced by its use of
reservations. States that make extensive or controversial reservations may be seen as not fully
committed to international cooperation and human rights, affecting their reputation and influence in
international forums.

Objections by Other States Other states can formally object to reservations they consider
incompatible with the treaty's object and purpose. These objections can create diplomatic friction and
complicate the legal relationships between states, sometimes resulting in reservations being deemed
invalid.

4. Practical Implementation and Domestic Impact

Domestic Legal Integration Reservations can influence how international treaties are integrated
into domestic law. States with reservations may not need to amend their domestic laws to comply
with certain treaty provisions, potentially slowing the process of legal reform and the strengthening of
human rights protections.

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Public Perception and Advocacy The use of reservations can affect public perception and the work
of human rights advocates. Reservations might signal to the public and civil society that the
government is not fully committed to certain human rights standards, impacting advocacy efforts and
the mobilization of support for human rights causes.

Judicial Interpretation Domestic courts may face challenges in interpreting and applying treaty
provisions subject to reservations. This can lead to inconsistencies in judicial decisions and the
protection of rights, depending on how courts address the interplay between international
reservations and domestic legal obligations.

5. Advantages and Disadvantages

Advantages

 Flexibility: Reservations provide flexibility, allowing states to join treaties while addressing
specific concerns or conflicts with domestic law.
 Broader Participation: By accommodating reservations, more states may ratify treaties,
leading to wider international participation and cooperation.
 Gradual Compliance: States can gradually work towards full compliance with treaty
provisions over time, using reservations as a transitional measure.

Disadvantages

 Fragmentation: Reservations can lead to a fragmented application of treaty provisions,

undermining the goal of establishing uniform international standards.
 Weakened Protections: In the context of human rights, reservations can dilute the protection
offered by the treaty, especially if key provisions are excluded.
 Diplomatic Tensions: Objections to reservations and differing interpretations can lead to
diplomatic tensions and complicate international relations.

Conclusion

The practice of ratifying treaties with reservations is a double-edged sword. While it allows states to
participate in international agreements with necessary flexibility, it can also lead to significant
challenges in terms of legal certainty, uniformity, and effectiveness. In the context of human rights,
reservations pose particular risks by potentially weakening the universal standards and protections
that such treaties aim to establish.

To mitigate these challenges, it is crucial for states to carefully consider the impact of their
reservations and for international bodies to robustly assess and address reservations that may
undermine the core objectives of treaties. Enhanced dialogue, transparency, and cooperation among
states and international organizations can help balance the need for flexibility with the imperative of
maintaining strong and effective international legal standards.

Meaning of Legal Instrument

A legal instrument is a formal written document that is legally binding and grants rights, imposes
duties, or establishes obligations. Legal instruments are used in various contexts, including national
and international law, to formalize agreements, codify laws, and establish legal relationships. They
serve as tools for creating, modifying, and enforcing legal norms and are essential for maintaining
order and regulating conduct within societies and between states.

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Key Characteristics of Legal Instruments

Formality and Legitimacy Legal instruments are characterized by their formal nature. They are
usually drafted in a precise and structured manner, following specific legal protocols and procedures
to ensure their legitimacy and enforceability.

Binding Nature A primary feature of legal instruments is that they are binding on the parties
involved. This means that the parties have a legal obligation to adhere to the terms and conditions
stipulated in the instrument, and failure to comply can result in legal consequences.

Authority and Authorship Legal instruments are typically issued or authorized by a competent
authority, such as a government, an international organization, or a judicial body. The authority
behind the instrument lends it legitimacy and enforceability.

Documentation and Record-Keeping Legal instruments are documented and preserved as official
records. This ensures that there is a clear and verifiable account of the terms agreed upon and the
commitments made, which is essential for resolving disputes and enforcing compliance.

Types of Legal Instruments

Legal instruments can be classified into various types based on their purpose, scope, and the legal
context in which they are used. Below are some common types of legal instruments:

1. Treaties

Definition A treaty is a formal, legally binding agreement between two or more sovereign states.
Treaties are governed by international law and require ratification by the parties involved.

Examples

 The Treaty of Versailles

 The North Atlantic Treaty (NATO)

2. Conventions

Definition A convention is a type of treaties that is typically negotiated under the auspices of an
international organization and opens for adoption by a broader range of states. Conventions often aim
to address specific global issues.

Examples

 The Geneva Conventions

 The United Nations Framework Convention on Climate Change (UNFCCC)

3. Covenants

Definition A covenant is a type of treaty used primarily in the context of human rights agreements.
Covenants impose binding legal obligations on the parties to uphold certain rights and standards.

Examples

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  The International Covenant on Civil and Political Rights (ICCPR)
 The International Covenant on Economic, Social and Cultural Rights (ICESCR)

4. Charters

Definition A charter is a foundational document that establishes an international organization and

outlines its principles, functions, and structure. Charters can be binding or non-binding depending on
the context.

Examples

 The United Nations Charter

 The Charter of the Organization of American States (OAS)

5. Declarations

Definition A declaration is a formal statement of principles or intentions made by states or international

organizations. While not legally binding, declarations carry significant moral and political weight.

Examples

 The Universal Declaration of Human Rights (UDHR)

 The Declaration on the Rights of Indigenous Peoples

6. Protocols

Definition Protocols are supplementary agreements to a primary treaty or convention. They add
additional provisions, clarify existing terms, or address issues not covered in the original treaty.
Protocols can be binding and are typically ratified separately.

Examples

 The Kyoto Protocol to the UNFCCC

 The Optional Protocol to the Convention on the Rights of the Child

7. Statutes

Definition A statute is a formal written law enacted by a legislative body at the national or
subnational level. Statutes are binding and enforceable within the jurisdiction of the legislative body
that enacted them.

Examples

 The Civil Rights Act of 1964 (United States)

 The Companies Act 2013 (India)

8. Regulations

Definition Regulations are rules or directives issued by an executive authority or regulatory agency.
They have the force of law and are designed to implement and enforce statutes. Examples

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  The General Data Protection Regulation (GDPR) of the European Union
 Environmental Protection Agency (EPA) regulations in the United States

Binding Nature of Legal Instruments

The binding nature of a legal instrument refers to its legal enforceability. When an instrument
is binding, the parties to the instrument are legally obligated to comply with its terms. Binding
instruments create specific legal duties and rights, and failure to adhere to these can result in legal
penalties, sanctions, or other forms of accountability.

Binding Instruments

 Treaties and Conventions: Once ratified, treaties and conventions impose binding legal
obligations on the parties. Non-compliance can lead to international disputes and potential
sanctions.
 Covenants: Similar to treaties, covenants are binding agreements, particularly in human rights
law, requiring states to uphold the specified rights and standards.
 Statutes: Enacted by legislative bodies, statutes are binding laws within the jurisdiction of the
enacting authority.
 Regulations: Issued by executive authorities or regulatory agencies, regulations are binding
and enforceable rules that implement and enforce statutes.

Non-Binding Instruments

 Declarations: These articulate principles or intentions and carry moral and political weight
but are not legally enforceable.
 Resolutions: Often issued by international organizations like the UN General Assembly,
resolutions can influence state behaviour but are generally non-binding.

Types of Instruments

International relations and diplomacy rely heavily on various legal instruments that govern the
interactions between states and other international actors. These instruments, which include
conventions, covenants, charters, declarations, and treaties, play critical roles in establishing legal
frameworks, setting standards, and promoting cooperation on a wide range of issues. This essay
explores the nature, purposes, and significance of these instruments, highlighting their similarities,
differences, and impacts on international law and global governance.

1. Conventions

Definition and Purpose

A convention is a formal agreement between states or international organizations that creates legally
binding obligations. Conventions are typically adopted at international conferences and can cover a
wide array of subjects, such as human rights, environmental protection, and trade regulations. They
are one of the most common forms of international agreements and are designed to codify rules and
standards that states agree to follow.

Examples and Significance

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 A. The Geneva Conventions

The Geneva Conventions are a series of treaties that establish international legal standards for
humanitarian treatment during armed conflicts. They are among the most widely recognized and
adhered to conventions, with virtually universal acceptance. The Geneva Conventions cover the
treatment of the wounded and sick, the protection of civilians, and the rights of prisoners of war. They
are fundamental to international humanitarian law.

B. The United Nations Framework Convention on Climate Change (UNFCCC)

The UNFCCC is an international environmental treaty aimed at combating climate change. It provides
a framework for negotiating specific agreements (protocols) to reduce greenhouse gas emissions and
mitigate global warming. The Kyoto Protocol and the Paris Agreement are two significant protocols
under the UNFCCC.

C. Ratification and Implementation

For a convention to become legally binding, it must be ratified by the participating states. Ratification
involves the formal approval of the convention by a state's legislative body, making the agreement
part of domestic law. States are then obligated to implement the provisions of the convention through
national legislation and policy measures.

2. Covenants

Definition and Purpose

Covenants are solemn agreements or promises between states or between states and
international organizations, often focusing on fundamental rights and freedoms. Like conventions,
covenants are legally binding and require ratification. The term "covenant" is often used in the context
of human rights instruments to underscore the moral and ethical commitments of the parties
involved.

Examples and Significance

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

The ICCPR is a key international human rights treaty that commits its parties to respect the civil and
political rights of individuals, including the rights to freedom of speech, assembly, and religion, as well
as the rights to a fair trial and protection from torture. It is a cornerstone of the international human
rights framework and is monitored by the United Nations Human Rights Committee.

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

The ICESCR is another principal human rights treaty that focuses on economic, social, and cultural
rights, such as the rights to work, education, health, and an adequate standard of living. Together with
the ICCPR, the ICESCR forms part of the International Bill of Human Rights.

C. Monitoring and Enforcement

Covenants often establish monitoring bodies or committees that oversee the implementation of their
provisions. These bodies review periodic reports submitted by states, issue recommendations, and, in

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some cases, investigate complaints of violations. For instance, the United Nations Human Rights
Committee monitors compliance with the ICCPR.

 Charters

Definition and Purpose

A charter is a founding document that establishes and outlines the principles, functions, and structure
of an international organization. Charters serve as the constitutional framework for organizations,
defining their mandate, governance mechanisms, and operational procedures. They are legally
binding on the member states that have ratified them.

Examples and Significance

A. The Charter of the United Nations

The Charter of the United Nations is the foundational treaty of the United Nations (UN), signed in
1945. It sets forth the purposes and principles of the UN, including the maintenance of international
peace and security, the promotion of human rights, and the fostering of social and economic
development. The UN Charter establishes the organization’s main bodies, such as the General
Assembly, the Security Council, and the International Court of Justice.

B. The Charter of the African Union

The Charter of the African Union is the foundational document of the African Union (AU), outlining its
objectives, principles, and institutional framework. The AU aims to promote unity and solidarity
among African countries, accelerate political and socio-economic integration, and advance peace,
security, and stability on the continent.

C. Amendment and Interpretation

Charters often include provisions for amendment to allow for changes in the organization’s structure
or mandate. Amendments typically require a supermajority vote of the member states. The
interpretation of charter provisions is usually the responsibility of the organization’s principal legal
body or tribunal.

 Declarations

Definition and Purpose

A declaration is a formal statement or proclamation issued by states or international organizations,

outlining specific principles, goals, or commitments. Unlike conventions, covenants, and charters,
declarations are typically not legally binding. However, they carry significant moral and political
weight and can influence the development of international norms and customary international law.

Examples and Significance

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 A. The Universal Declaration of Human Rights (UDHR)

Adopted by the United Nations General Assembly in 1948, the UDHR is a landmark document that
articulates fundamental human rights and freedoms. Although it is not legally binding, the UDHR has
inspired numerous international human rights treaties, national constitutions, and laws, and is
considered a cornerstone of international human rights law.

B. The Rio Declaration on Environment and Development

The Rio Declaration, adopted at the 1992 Earth Summit, sets forth 27 principles to guide sustainable
development worldwide. It emphasizes the importance of integrating environmental protection with
economic development and has influenced subsequent environmental treaties and policies.

Impact and Influence

Declarations can serve as catalysts for the negotiation of binding agreements and the development of
international norms. For example, the principles enshrined in the UDHR have been incorporated into
binding human rights treaties, such as the ICCPR and the ICESCR. Declarations can also mobilize
political will and public support for international initiatives and reforms.

 Treaties

Definition and Purpose

A treaty is a formal and legally binding agreement between states or international organizations that
is governed by international law. Treaties can address a wide range of issues, including peace and
security, trade, human rights, and environmental protection. They are one of the primary sources of
international law and play a crucial role in regulating the conduct of states and other international
actors.

Examples and Significance

A. The Treaty of Versailles

The Treaty of Versailles, signed in 1919, ended World War I and imposed significant territorial,
military, and economic penalties on Germany. It is one of the most well-known treaties in history and
had far-reaching consequences for international relations in the 20th century.

B. The North Atlantic Treaty

The North Atlantic Treaty, signed in 1949, established the North Atlantic Treaty Organization (NATO),
a military alliance for collective defence. The treaty obligates member states to come to the defence of
any member that is attacked, and it remains a cornerstone of transatlantic security.

C. Ratification and Implementation

For a treaty to enter into force, it must be ratified by the signatory states in accordance with their
domestic legal procedures. Once ratified, treaties create binding obligations for the parties, who are
expected to implement the provisions through national legislation and policy measures. Treaties often
include mechanisms for monitoring compliance and resolving disputes.

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Comparative Analysis

While conventions, covenants, charters, declarations, and treaties share common features as
instruments of international law, they differ in terms of their purposes, legal status, and procedural
requirements.

1. Legal Bindingness: Treaties, conventions, covenants, and charters are legally binding,
whereas declarations are typically non-binding but carry significant moral and political weight.
2. Scope and Purpose: Charters primarily establish and govern international organizations,
while conventions and covenants focus on specific issues or rights. Treaties can address a
broad range of subjects, and declarations articulate principles and aspirations.
3. Adoption and Ratification: All these instruments require formal adoption, but the process
and requirements for ratification and entry into force vary. Treaties and conventions usually
require ratification by the participating states, while declarations may be adopted by
consensus or majority vote.
4. Implementation and Enforcement: Legally binding instruments often include mechanisms
for monitoring compliance and enforcement, such as reporting requirements and dispute
resolution procedures. Declarations rely on voluntary compliance and moral persuasion.
5. Influence on International Law: Declarations can influence the development of customary
international law and inspire the negotiation of binding agreements. Conventions, covenants,
charters, and treaties directly contribute to the body of international law.

Optional Protocol

Very often, human rights treaties are followed by "Optional Protocols" which may either provide for
procedures with regard to the treaty or address a substantive area related to the treaty. Optional
Protocols to human rights treaties are treaties in their own right, and are open to signature, accession
or ratification by countries who are party to the main treaty.

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

 The Communications Procedure

Gives individuals and groups of women the right to complain to the Committee on the
Elimination of Discrimination against Women about violations of the Convention. This
procedure is known as "the communications procedure". United Nations communications
procedures provide the right to petition or the right to complain about violations of rights.
Under all procedures, the complaint must be in writing.
 The Inquiry Procedure
It enables the Committee to conduct inquiries into grave or systematic Abu 06-Nov-2006 e
party to the Optional Protocol. Known as an inquiry procedure, this capacity is found in article
8 of the Optional Protocol.

The optional protocol includes an inquiry procedure, as well as a complaints procedure. An inquiry
procedure enables the Committee to conduct inquiries into serious and systematic abuses of women's
human rights in countries that become States parties to the Optional Protocol. It is modelled on an
existing human rights inquiry procedure, article 20 of the International Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment. The inquiry procedure:

 Allows investigation of substantial abuses of women's human rights by an international body

of experts;

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  Is useful where individual communications fail to reflect the systemic nature of widespread
violations of women's rights;
 Allows widespread violations to be investigated where individuals or groups may be unable to
make communications (for practical reasons or because of fear of reprisals);
 Gives the Committee an opportunity to make recommendations regarding the structural causes
of violations;
 Allows the Committee to address a broad range of issues in a particular country.

Key Characteristics of Optional Protocols

1. Supplementary Nature:
o Optional protocols are designed to complement and enhance the primary treaty.
o They address areas that may not have been fully covered in the original treaty or
provide mechanisms for better implementation.
2. Independent Ratification:
o States must independently ratify or accede to an optional protocol for it to become
binding.
o This allows states to adopt additional commitments on a voluntary basis.
3. Flexibility:
o Optional protocols offer flexibility by allowing states to opt into specific provisions or
mechanisms without reopening the entire treaty for renegotiation.
o This can encourage wider participation and progressive development of international
law.
4. Focused Scope:
o Optional protocols often focus on specific issues, such as procedural mechanisms for
complaints, specific rights protections, or implementation measures.
o This targeted approach helps address specific gaps or enhance particular aspects of the
original treaty.

Examples of Optional Protocols

1. Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR):
o Adopted: 1966
o Purpose: Allows individuals to submit complaints to the Human Rights Committee
about violations of the rights protected under the ICCPR.
o Significance: Provides a mechanism for individuals to seek redress at the international
level when domestic remedies are insufficient.
2. Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty:
o Adopted: 1989
o Purpose: Commits state parties to abolish the death penalty.
o Significance: Promotes the global movement towards the abolition of capital
punishment.
3. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW):
o Adopted: 1999
o Purpose: Establishes a complaints procedure and an inquiry procedure for grave or
systematic violations of women's rights.
o Significance: Strengthens the enforcement of women's rights by providing avenues for
complaints and investigations.
4. Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict:

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 o Adopted: 2000
o Purpose: Prohibits the recruitment and use of children under 18 in hostilities.
o Significance: Enhances the protection of children in armed conflict zones and promotes
their rights.
5. Optional Protocol to the Convention on the Rights of Persons with Disabilities (CRPD):
o Adopted: 2006
o Purpose: Establishes a communications procedure allowing individuals and groups to
submit complaints about violations of the rights protected under the CRPD.
o Significance: Provides an additional layer of accountability and protection for persons
with disabilities.

Importance of Optional Protocols

1. Enhanced Protection:
o Optional protocols can introduce new rights or strengthen existing protections,
ensuring that the original treaty's goals are more effectively realized.
2. Increased Accountability:
o By establishing mechanisms for complaints and inquiries, optional protocols increase
state accountability for violations of the primary treaty.
3. Progressive Development:
o Optional protocols contribute to the progressive development of international law by
addressing emerging issues and adapting to changing circumstances.
4. Encouraging Participation:
o The optional nature allows states to adopt additional commitments at their own pace,
potentially leading to broader and more gradual acceptance of international norms.
5. Filling Gaps:
o Optional protocols can fill gaps left in the original treaty, providing comprehensive
protection and addressing specific issues that may have been overlooked initially.

Conclusion

Optional protocols play a crucial role in the international legal system by providing a flexible and
targeted means to enhance and expand the scope of primary treaties. They allow states to
progressively commit to additional obligations and protections, thereby strengthening the overall
framework of international human rights and other areas of international law. By offering
mechanisms for increased accountability and addressing specific issues, optional protocols ensure
that treaties remain relevant and effective in addressing contemporary challenges.

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 Unit II
-Evolution of the Concept of Human Rights
- Journey from Magna Carta to the Universal Declaration of Human Rights
(Magna Carta; The United States Declaration of Independence; The French
Declaration of the Rights of Man and the Citizen; United States Bill of Rights;
Geneva Convention of 1864; Provision of Charter of UN ; Universal
Declaration of Human Rights, 1948.)
-International Bill of Rights (Significance of Universal Declaration of Human
Rights, International Covenant on Civil and Political Right and optional
Protocols; and the International Covenant on Economic, Social and Cultural
Rights)
- Right to Development

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 EVOLUTION OF THE CONCEPT OF HUMAN RIGHTS

INTRODUCTION

The concept of human rights has evolved significantly over centuries, reflecting the changing
understandings of justice, equality, and dignity in diverse historical, cultural and political contexts.
This evolution can be broadly categorized into several key phases, each marked by critical
developments and milestones that have shaped contemporary human rights discourse.

The origin and history of human rights is very complex, and although the exact starting point
for the concept of human rights is unknown, the extent to which it is known to begin in 3260 BC is the
first recorded It is widely welcomed as an example. Government reform aimed at achieving greater
freedom and equality. She limited the power of the priesthood and squire, and took measures against
usurers and burdens.

Widows and orphans were no longer at the mercy of those in power." Here the word "freedom"
appears for the first time. Then around 2300 BC the ruler of Akkad around 300 BC was Sargon, who
conquered all of southern Mesopotamia and is said to be one of the earliest builders of the world's
great empires.

Some human rights ideas are as old as civilization. From the earliest times, for example King
Hammurabi of Babylon around 1750 BC, laws have been written (or cut in stone) that includes
principles of justice, fairness and protection. Such laws prescribed that:
● people must be protected by law;
● a ruler is restricted by law and cannot arbitrarily deal with his subjects;
● women, children, foreigners and other groups deserve special protection;
● even slaves should not be mistreated;
● courts must be free from corruption and arbitrariness.

These ancient laws however cannot be equated to ‘human rights’. They were not universal:
they were valid for a certain state or society, not for humanity as a whole. They maintained gross
inequality: there was no question that a monarch, a citizen and a slave would have the same rights.
And much of what we now label human rights is not mentioned in those old laws, such as the right to
freedom of opinion or the prohibition of torture.

The Akkadian empire was the first political entity to make extensive and efficient use of its
extensive bureaucracy and administration, setting the standard for future rulers and kingdoms.
Sargon and Moses give ownership of all the land to the assembly of gods. Administrative powers to
protect land from abuse to the monarch and land use rights to women are delegated to elite men
or exercised independently. Around 539 BC when Cyrus the Great's army conquered Babylon.
Cyrus freed the slaves, proclaimed that every man had the right to choose his religion, and
established racial equality, among other things. The provisions of this cylinder influenced the first
four articles of the Universal Declaration of Human Rights. Not only that, but the Unani civilization
has similar concepts of human rights as other civilizations such as equal legal liberty which is
isogonia, equality before law known as isomonia, jussuraj which is suffrage and jushonorm which is
the right to vote. Even our country, India, was not far behind in the concept of human rights, as
seen in the concept of dharma in the Vedic period of India. The roots of concern for human rights
in Vedic times can be traced back to people's religious feelings. Humans were created in the image
of God. They were endowed with intrinsic worth and dignity. The philosophers and jurists of the

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 time believed that human rights were based on humanity's growing desire for a life in which the
inherent dignity of every human being deserved to be respected and protected by society and its
inhabitants. The main meaning of human rights lies in the great Indian legacy of Vashdai
Vaktumbakam, which means that we are all one giant human family. Rig-Veda stands for three civil
rights:

 Thana (body)
 Skridi (housing)
 Jivasi (life)

Panini, 5th century BC Sanskrit grammarian explained that dharma is an act of religious custom,
practice and merit. Dharma is always first. Dharma is spiritual, moral, ethical and secular law in
the broadest sense. Each individual, whether ruler or ruled, is governed by his own dharma. The
rights and duties of rulers, pastors, priests, and people are governed by the concept of dharma.

Manu formulated the rules for the king's leadership. It was his duty to obey the law, and he was
subject to the law like everyone else. The king not only enforced the sacred laws of the scriptures,
but also the customary laws of the land concerning the rights and entitlements of his subjects.

1. Ancient and Classical Foundations

Ancient Civilizations:

 Mesopotamia: The Code of Hammurabi (circa 1754 BCE) is one of the earliest known sets of
laws, establishing principles of justice and fairness.
 Ancient India: The Edicts of Ashoka (circa 269-232 BCE) articulated principles of moral
governance and social welfare.
 Ancient Greece and Rome: Philosophers like Socrates, Plato, and Aristotle discussed concepts
of justice, natural law, and the rights of citizens. Roman law contributed to ideas of legal rights
and citizenship.

Religious Influences:

 Judeo-Christian Traditions: The teachings of the Bible emphasized the inherent worth and
dignity of individuals, influencing later human rights concepts.
 Islamic Teachings: The Quran and Hadith laid down principles of justice, equality, and
protection for individuals, which are reflected in the Islamic legal and ethical traditions.

2. Medieval Period

Magna Carta (1215):

 One of the major developments in the sphere of human rights was witnessed in England in the
form of the royal charter of Magna Carta in 1215 by King John of England. Magna Carta
principles are considered a cornerstone in the history of human rights as it is the first and
foremost formal document on human rights. It introduced the principle of “rule of law”, which
is one of the major facets of human rights. This Charter was drafted as a peace agreement with
the main objective of ending the rebellion of barons against the monarch in England. The
charter was mainly focused on providing swift access to justice, protection of church rights,

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 and protection from arbitrary arrests. The charter also laid limitations on the feudal payments
to the king.

Philosophical Developments:

 Thinkers like Thomas Aquinas and scholars in the Islamic Golden Age further developed ideas
about natural law and the inherent rights of individuals, emphasizing moral and ethical
considerations in governance and law.

3. Enlightenment and Early Modern Period

Natural Rights Philosophy:

 John Locke: His theory of natural rights argued that individuals are inherently entitled to life,
liberty, and property. These rights are natural and inalienable, forming the basis of legitimate
government.
 Jean-Jacques Rousseau: Advocated for the social contract, emphasizing that legitimate
political authority must derive from the consent of the governed and protect individual
freedoms.

American and French Revolutions:

 Declaration of Independence (1776): Asserted the unalienable rights to life, liberty, and the
pursuit of happiness.
 French Declaration of the Rights of Man and of the Citizen (1789): Proclaimed the
universal rights to liberty, property, security, and resistance to oppression.

4. 19th Century Developments

Abolition of Slavery:

 The abolitionist movements in the United States, Britain, and other parts of the world
culminated in the legal abolition of slavery, emphasizing the universal right to freedom.

Labour Rights and Social Justice:

 The Industrial Revolution brought attention to workers' rights and social justice. Thinkers like
Karl Marx and Friedrich Engels highlighted the exploitation of labor and the need for rights
protecting workers' conditions and economic welfare.

5. 20th Century and the Modern Human Rights Framework

Post-World War II Developments:

 United Nations: Established in 1945, the UN played a central role in developing the modern
human rights framework.
 Universal Declaration of Human Rights (UDHR) (1948): Adopted by the UN General
Assembly, the UDHR outlined fundamental human rights to be universally protected.

International Human Rights Treaties:

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  International Covenant on Civil and Political Rights (ICCPR) (1966): Protects civil and
political rights.
 International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966):
Protects economic, social, and cultural rights.
 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
(1979): Focuses on women’s rights.
 Convention on the Rights of the Child (CRC) (1989): Focuses on children's rights.

Regional Human Rights Systems:

 European Convention on Human Rights (1950): Established the European Court of Human
Rights.
 American Convention on Human Rights (1969): Established the Inter-American Court of
Human Rights.
 African Charter on Human and Peoples' Rights (1981): Established the African Commission
on Human and Peoples' Rights.

6. Contemporary Developments

Human Rights Movements:

 The civil rights movements, women’s rights movements, LGBTQ+ rights movements, and
various other social movements have significantly influenced the global human rights agenda,
advocating for expanded and more inclusive rights protections.

International Criminal Justice:

 Establishment of the International Criminal Court (ICC) in 2002 to prosecute individuals for
crimes of genocide, war crimes, and crimes against humanity, reinforcing the principle of
accountability.

Challenges and Advancements:

 Contemporary challenges such as digital privacy, climate change, and global inequality
continue to shape the human rights discourse.
 Efforts towards the recognition of new rights, such as the right to a healthy environment and
digital rights reflect the evolving understanding of what human rights encompass in the
modern world.

.Five protagonists of individual freedom

Many philosophers, activists, politicians and others have contributed to the development of human
rights. Major breakthroughs occurred in the 18th century, during the Enlightenment. These are five
individuals whose acts and writings had great influence also far beyond the borders of their native
countries.

1. Voltaire (France, 1694-1778) advocated the right to choose a religion or not. From 1726 he
lived alternately in exile and under a false name in France. Only at the end of his life he
received great honours in France. His writings shaped the ideas of the Enlightenment; his
actions on behalf of victims of religious persecution made him an example of free-minded

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 campaigning against injustice and intolerance. The statement attributed to him, ‘I detest your
ideas but am willing to die for your right to propagate them’, is actually from a biographer but
accurately reflects his life and work.
2. John Locke (England, 1632-1704) got many of his ideas on rights and politics during his
years of exile in the Netherlands (1683-1688). In his Two Treatises of Government (1690), he
assumed a ‘natural state’ in which all people are born free and equal, and not subject to any
authority. Civil society replaces that natural state. The state so becomes the result of a social
contract, in which people voluntarily commit themselves to the decisions of the majority. In
that society, the king has no divine right and everyone has inalienable rights to life, freedom,
property and health.
3. Cesare Beccaria (Italy, 1735-1794) published on crime and punishment in 1764. The legal
system must contribute to the greatest happiness of the greatest number; it should never be
dependent on the arbitrary power of kings and nobility. Punishments must be humane, capital
punishment and torture must be abolished. His logically constructed system makes Beccaria a
founder of the rule of law.
4. Thomas Paine (1737-1809) was born in England and immigrated to America in 1774. There
he published Common Sense, a call for American independence that sold a hundred thousand
copies within a year. He witnessed the revolution in France, escaped the guillotine and on
return to England published The Rights of Man (1791). Its principles are first, that all people
are born free and have equal rights. Second, that politics must not interfere with ‘natural’ rights
of people such as freedom, property, security and the right to resist oppression. And third, that
state power comes from the people.
5. Mary Wollstonecraft (England, 1759-1797), who was friends with Paine, wrote the first
book on how women should be fully equal to men: in their rights, their opportunities of
education, their representation in politics. In her Vindication of the Rights of Women (1791),
she says: ‘Women, I acknowledge, have other duties to fulfil; but the principles to which they
must be subject, so I will stubbornly maintain, must be the same.’ And: ‘I really think women
should be represented [in politics]’. After her premature death, the public showed more
interest in her love life than in her writings. It took another hundred years for her ideas to be
widely taken seriously.

Journey From Magna Carta To The Universal Declaration Of Human Rights

The journey from the Magna Carta to the Universal Declaration of Human Rights spans over
centuries and represents a significant evolution in the recognition and protection of individual rights
and freedoms.

1. Magna Carta (1215)

The Magna Carta, which is Latin for The Great Charter, was a list of demands and expectations
forced on the evil King, John of England in 1215. King John was so evil; he heavily taxed his people,
arbitrarily took their possessions and threw them into prison for the slightest reason.
By sealing the Magna Carta, King John was agreeing to follow the laws of the land. It gave
the people a mechanism to limit the power of the King and assert their rights.

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The Magna Carta established the rule of law and the idea that all citizens, including those in power,
should be fairly and equally ruled by the law. It began the tradition of respecting the law, limiting
government power, providing access to justice and the protection of human rights.
The most famous clauses of the Magna Carta are clauses 39 and 40:

Clause 39: No free man shall be seized or imprisoned, or stripped of his rights or possessions,
or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against
him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.
Clause 40: To no one will we sell, to no one will we refuse or delay, right or justice
Reissues of Magna Carta reinforced the rights and freedoms it gave the people and the right to limit
the power of the government.
The legacy of the Magna Carta is seen not only in English law, but throughout the world. The
true power of the Magna Carta lies in its impact on later documents, and the creation of a
culture of the rule of law and a respect for individual’s rights by those in power.
This resource explores the legacy of the Magna Carta and its effect on human rights documents,
tracing the evolution from the Magna Carta to the Universal Declaration of Human Rights, and giving
an overview of the relationship between the Magna Carta and Human Rights.

Key Features:

a) Limitations on Royal Authority:

o The Magna Carta limited the power of the monarchy by establishing that the king was
subject to the law and not above it. It curtailed the monarch's ability to levy arbitrary
taxes, administer justice unfairly, and seize property without just cause.
b) Protection of Feudal Rights:
o The document safeguarded the feudal rights of the barons and nobles by ensuring due
process and fair treatment in legal matters, including the right to a trial by jury and
protection against unlawful imprisonment.
c) Principles of Justice and Fairness:
o The Magna Carta enshrined principles of justice and fairness by guaranteeing that
individuals could not be deprived of life, liberty, or property except through lawful
judgment by their peers or the law of the land.
d) Recognition of Common Rights:
o While initially intended to address the concerns of the nobility, the Magna Carta's
principles of due process and legal protections eventually extended to all subjects of the
realm, laying the groundwork for broader concepts of individual rights and liberties.

Significance:

a) Establishment of Rule of Law:

o The Magna Carta established the principle that the law is supreme and that even the
king is bound by it. It marked a significant shift from absolute monarchy to
constitutional governance, laying the foundation for the rule of law.
b) Protection of Rights and Liberties:

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 o The Magna Carta laid the groundwork for the protection of individual rights and
liberties against arbitrary government actions. Its principles influenced subsequent
legal developments and constitutional documents worldwide.
c) Inspiration for Future Legal Documents:
o The Magna Carta served as a model for future constitutional documents, including the
English Bill of Rights (1689) and the United States Constitution's Bill of Rights (1791).
Its principles of limited government and legal protections continue to resonate in
modern legal and political thought.
d) Symbol of Freedom and Justice:
o The Magna Carta has become a symbol of freedom, justice, and the struggle against
tyranny. Its principles have inspired movements for democracy and human rights
around the world, serving as a beacon of hope for those seeking to assert their rights
against oppressive regimes.

2. The United States Declaration of Independence and Bill of Rights (1791)

The United States Declaration of Independence and the Bill of Rights are two foundational
documents in American history that played crucial roles in shaping the principles of democracy,
individual rights, and governance in the United States. On July 4, 1776, the United States Congress
approved the Declaration of Independence. Its primary author, Thomas Jefferson, wrote the
Declaration as a formal explanation of why Congress had voted on July 2 to declare independence
from Great Britain, more than a year after the outbreak of the American Revolutionary War, and as a
statement announcing that the thirteen American Colonies were no longer a part of the British
Empire. Congress issued the Declaration of Independence in several forms. It was initially published
as a printed broadsheet that was widely distributed and read to the public.

Philosophically, the Declaration stressed two themes: individual rights and the right of revolution.
These ideas became widely held by Americans and spread internationally as well, influencing in
particular the French Revolution.

Significance:

a) Foundational Document of American Democracy:

o The Declaration of Independence laid the groundwork for the establishment of the
United States as a democratic republic based on principles of popular sovereignty and
individual rights.
o Its proclamation of fundamental human rights influenced subsequent political thought
and constitutional development worldwide.
b) Inspiration for Freedom Movements:
o The Declaration inspired movements for freedom and self-determination around the
world, serving as a symbol of resistance against tyranny and oppression.
o Its principles of liberty, equality, and self-government inspired revolutions and
independence movements in various countries.

The Constitution of the United States of America (1787) and Bill of Rights (1791) Written during
the summer of 1787 in Philadelphia, the Constitution of the United States of America is the
fundamental law of the US federal system of government and the landmark document of the Western
world. It is the oldest written national constitution in use and defines the principal organs of
government and their jurisdictions and the basic rights of citizens.

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 The first ten amendments to the Constitution—the Bill of Rights—came into effect on December
15, 1791, limiting the powers of the federal government of the United States and protecting the rights
of all citizens, residents and visitors in American territory.

The Bill of Rights protects freedom of speech, freedom of religion, the right to keep and bear arms,
the freedom of assembly and the freedom to petition. It also prohibits unreasonable search and
seizure, cruel and unusual punishment and compelled self-incrimination. Among the legal protections
it affords, the Bill of Rights prohibits Congress from making any law respecting establishment of
religion and prohibits the federal government from depriving any person of life, liberty or property
without due process of law. In federal criminal cases it requires indictment by a grand jury for any
capital offense, or infamous crime, guarantees a speedy public trial with an impartial jury in the
district in which the crime occurred, and prohibits double jeopardy.

Significance:

a) Protection of Individual Rights:

o The Bill of Rights is a cornerstone of American democracy, guaranteeing essential civil
liberties and protections for individuals against government overreach.
o It serves as a safeguard for individual freedoms and ensures that government actions
are subject to constitutional limits.
b) Preservation of Constitutional Principles:
o The Bill of Rights reinforces key constitutional principles, including the separation of
powers, federalism, and the rule of law.
o It reflects the Founding Fathers' commitment to balancing governmental authority with
individual liberty.

3. The French Declaration of the Rights of Man and the Citizen

The French Declaration of the Rights of Man and of the Citizen, or Déclaration des Droits de l'Homme
et du Citoyen in French, is a fundamental document of the French Revolution, adopted by the National
Constituent Assembly of France on August 26, 1789. It served as a cornerstone of the revolutionary
ideals of liberty, equality, and fraternity and played a significant role in shaping modern concepts of
human rights and citizenship.

History
The Declaration of the Rights of Man and of the Citizen came into existence in the summer of 1789,
born of an idea of the Constituent Assembly, which was formed by the assembly of the Estates General
to draft a new Constitution, and precede it with a declaration of principles.

There were many proposals. The Constituent Assembly tasked five deputies – Démeunier, La Luzerne,
Tronchet, Mirabeau et Redon – with examining the various draft declarations, combining them into a
single one and presenting it to the Assembly. Article by article, the French declaration was voted on
between 20 and 26 August 1789.

In its preamble and its 17 articles, it sets out the “natural and inalienable” rights, which are freedom,
ownership, security, resistance to oppression; it recognizes equality before the law and the justice
system, and affirms the principle of separation of powers. Ratified on 5 October by Louis XVI under
pressure from the Assembly and the people who had rushed to Versailles, it served as a preamble to
the first Constitution of the French Revolution in 1791.While the text was subsequently flouted by
many revolutionaries, and followed by two other declarations of the rights of man in 1793 and 1795,

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the text of 26 August 1789 was the one to survive, and inspired similar texts in several European and
Latin American countries throughout the 19th century; it is on this one that the French constitutions
of 1852, 1946 and 1958 were founded.

The Universal Declaration of the Rights of Man, signed in Paris on 10 December 1948, just like the
European Convention on Human Rights, signed in Rome on 4 November 1950, have the same origins.

Here's an overview of its key features and significance:

Key Features:

a) Universal Rights:
o The Declaration proclaimed that the rights of man are natural, inalienable, and sacred,
asserting that they exist independently of government and apply universally to all
individuals.
o It affirmed fundamental principles such as liberty, property, security, and resistance to
oppression, echoing the ideas of Enlightenment philosophers like John Locke and Jean-
Jacques Rousseau.
b) Equality Before the Law:
o The Declaration declared that all citizens are equal before the law and have the right to
equal treatment and protection of their rights without discrimination based on birth,
wealth, or social status.
o It abolished feudal privileges and special legal status based on nobility, establishing the
principle of legal equality and meritocracy.
c) Freedom of Speech and Press:
o The Declaration recognized freedom of speech and of the press as essential rights,
affirming the liberty to express opinions and ideas without censorship or restraint.
o These freedoms were seen as critical for the advancement of knowledge, public debate,
and the protection of individual autonomy.
d) Limits on Government Authority:
o The Declaration emphasized the principle of limited government and the separation of
powers, stating that sovereignty resides in the nation and that government authority is
derived from the people.
o It established the right of citizens to participate in the making of laws through
representation and consent, laying the foundation for democratic governance.

Significance:

a) Inspiration for Human Rights Movements:

o The French Declaration of Rights inspired subsequent declarations and constitutions
around the world, influencing the development of modern human rights discourse and
legal frameworks.
o Its principles of liberty, equality, and fraternity became rallying cries for movements
advocating for social justice, democracy, and human dignity.
b) Legacy of Enlightenment Ideals:
o The Declaration reflected the Enlightenment ideals of reason, individualism, and human
progress, promoting the belief in the inherent worth and dignity of every individual.
o It challenged traditional hierarchies and power structures, paving the way for the
abolition of slavery, the expansion of suffrage, and the recognition of women's rights.
c) Contribution to Constitutionalism:

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 o The Declaration contributed to the development of constitutionalism by establishing the
principles of constitutional government, the rule of law, and the protection of civil
liberties.
o Its emphasis on the rights of citizens and the accountability of government laid the
groundwork for constitutional reforms and democratic governance in France and
beyond.

4. Geneva Convention of 1864

The Geneva Convention of 1864, also known as the Geneva Convention for the Amelioration of the
Condition of the Wounded in Armies in the Field, was the first international treaty formulated with
the aim of providing protections for wounded soldiers, medical personnel, and medical facilities
during armed conflict.

Geneva Convention is a set of rules and regulations made for the war-affected people. It was
introduced in 1864. The main point of this convention is to save humanitarian ethics. 3 agreements
and 4 supplementary treaties make up the convention of Geneva, which establish ethical principles for
wartime conduct. The Geneva Convention was established in 1864, although it was completely
rewritten in 1949.

The convention of Geneva, as well as their subsequent amendments, are an entity of General
International Law, furthermore recognized as Humanitarian Law of Armed Conflicts, for whom the
goal is to have enough least safeguards, treatment of human norms, and foundational assurances of
compassion and respect to who’ve become survivors of military conflicts. This same convention of
Geneva is a set of treaties that govern how citizens, war prisoners, and troops who’ve been declared
hours of battle, or unable to combat, are treated.

The Conventions of Geneva are adhered to by almost 190 countries since they believe that
certain combat actions are so terrible and devastating that they hurt the whole global community. The
guidelines assist to create a boundary between the humanitarian conduct of military troops, health
workers, and residents and unbridled cruelty towards them, as often as feasible inside the framework
of conflicts and military conflicts.

Main rules of Geneva Treaty:

 A person who is not taking part in war must be protected and respected humanely in all
circumstances.
 It is forbidden to kill or injure an enemy who surrenders.
 Wounded and sick shall be cared for by the party in power.
 Capture combatants and civilians must be protected against the act of violence.
 Everyone shall be entitled to benefit from fundamental judicial guarantees.
 No one shall be subjected to physical or mental torture, corporal punishment, or cruel or
degrading treatment.

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  It is prohibited to employ weapons or methods of warfare of a nature to cause unnecessary
losses or excessive suffering.

Key Features:

1. Protection of Wounded Soldiers:

o The Geneva Convention of 1864 established principles for the humane treatment of
wounded soldiers on the battlefield. It mandated that both sides in a conflict must
provide medical care and protection to injured combatants, regardless of nationality.
2. Recognition of Medical Personnel:
o The convention recognized the neutrality and inviolability of medical personnel,
including doctors, nurses, and medical orderlies, who were providing care to the
wounded. It prohibited attacks on medical personnel and facilities.
3. Establishment of Red Cross Movement:
o The convention led to the establishment of the International Committee of the Red
Cross (ICRC), a neutral and impartial organization tasked with providing humanitarian
aid during armed conflicts. The ICRC played a key role in overseeing the implementation
of the convention's provisions.
4. Symbolic Significance:
o The Geneva Convention of 1864 was a milestone in the development of international
humanitarian law. It set a precedent for subsequent treaties and conventions aimed at
protecting civilians and combatants during times of war.

Significance:

1. Humanitarian Principles:
o The convention reflected a growing recognition of the need to mitigate the suffering
caused by armed conflict and uphold humanitarian principles, such as the protection of
civilians and the wounded.
2. Foundation of International Humanitarian Law:
o The Geneva Convention of 1864 laid the foundation for modern international
humanitarian law, which seeks to regulate the conduct of warfare and minimize its
human cost.
3. International Cooperation:
o The convention fostered international cooperation and dialogue on issues related to the
treatment of wounded soldiers and the conduct of war. It provided a framework for
countries to work together to address common humanitarian concerns.
4. Inspiration for Future Conventions:
o The success of the Geneva Convention of 1864 inspired the adoption of subsequent
Geneva Conventions, including those of 1906, 1929, and 1949, which expanded
protections for wounded soldiers, prisoners of war, and civilians during armed conflict.

5. Provision of Charter of UN

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

The United Nations can take action on a wide variety of issues due to its unique international character
and the powers vested in its Charter, which is considered an international treaty. As such, the UN Charter is

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an instrument of international law, and UN Member States are bound by it. The UN Charter codifies the
major principles of international relations, from sovereign equality of States to the prohibition of the use of
force in international relations.

Since the UN's founding in 1945, the mission and work of the Organization have been guided by the
purposes and principles contained in its founding Charter, which has been amended three times in 1963,
1965 and 1973.

During the Second World War, the Allies—formally known as the United Nations—agreed
to establish a new post-war international organization.[4] Pursuant to this goal, the UN Charter was
discussed, prepared, and drafted during the San Francisco Conference that began 25 April 1945,
which involved most of the world's sovereign nations.[5] Following two-thirds approval of each part,
the final text was unanimously adopted by delegates and opened for signature on 26 June 1945; it was
signed in San Francisco, United States, by 50 of the 51 original member countries.
The Charter entered into force on 24 October 1945, following ratification by the five permanent
members of the United Nations Security Council—China, France, the Soviet Union, the United
Kingdom, and the United States—and a majority of the other signatories; this is considered the official
starting date of the United Nations, with the first session of the General Assembly, representing all 51
initial members, opening in London the following January. The General Assembly formally recognized
24 October as United Nations Day in 1947, and declared it an official international holiday in 1971.
With 193 parties, most countries have now ratified the Charter.

The International Court of Justice, the principal judicial organ of the United Nations, functions in
accordance with the Statute of the International Court of Justice, which is annexed to the UN Charter, and
forms an integral part of it.

Key provisions of the UN Charter:

I. Purposes and Principles:

1. Purposes and Principles (Chapter I)

 Article 1: Establishes the purposes of the United Nations, including maintaining international
peace and security, developing friendly relations among nations based on respect for equal
rights and self-determination, achieving international cooperation in solving international
problems, and promoting human rights and fundamental freedoms.
 Article 2: Sets out principles for the organization, including sovereign equality of all member
states, the peaceful settlement of disputes, and non-interference in the domestic affairs of
states.

2. Membership (Chapter II)

 Articles 3-6: Outline the criteria for membership in the United Nations, the rights and duties of
member states, and the process for the suspension or expulsion of members.

3. Principal Organs (Chapter III)

 Article 7: Establishes the six principal organs of the United Nations: the General Assembly, the
Security Council, the Economic and Social Council, the Trusteeship Council, the International
Court of Justice, and the Secretariat.

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4. General Assembly (Chapter IV)

 Articles 9-22: Define the composition, functions, and powers of the General Assembly,
including its role in discussing and making recommendations on issues within the scope of the
Charter, its authority to approve the budget, and its responsibility for electing members to
other UN bodies.

5. Security Council (Chapter V)

 Articles 23-54: Detail the composition, functions, and powers of the Security Council,
including its primary responsibility for maintaining international peace and security. It can
take enforcement measures, including sanctions and military action, to address threats to
peace and acts of aggression.

6. Economic and Social Council (Chapter X)

 Articles 61-72: Outline the composition, functions, and powers of the Economic and Social
Council (ECOSOC), which is responsible for promoting international economic and social
cooperation and development.

7. International Court of Justice (Chapter XIV)

 Articles 92-96: Establish the International Court of Justice (ICJ) as the principal judicial organ
of the United Nations, responsible for settling legal disputes between states and providing
advisory opinions on legal questions referred to it by the General Assembly or Security Council.

8. The Secretariat (Chapter XV)

 Articles 97-101: Define the composition and responsibilities of the Secretariat, headed by the
Secretary-General, who is the chief administrative officer of the organization. The Secretariat
administers the day-to-day work of the UN.

9. Amendments (Chapter XVIII)

 Articles 108-109: Outline the procedures for amending the Charter, requiring a two-thirds
vote of the General Assembly and ratification by two-thirds of member states, including all
permanent members of the Security Council.

II. Structure and Functions:

a) Principal Organs of the United Nations:

o The Charter establishes six principal organs of the United Nations: the General
Assembly, the Security Council, the Economic and Social Council, the Trusteeship
Council (which has since been suspended), the International Court of Justice, and the
Secretariat.
b) Responsibilities of the Organs:
o Each organ has specific responsibilities outlined in the Charter. For example, the
Security Council is responsible for maintaining international peace and security, while
the General Assembly is the main deliberative and policymaking organ of the UN.

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III. Maintenance of International Peace and Security:

a) Collective Security:
o The Charter establishes the Security Council as the primary mechanism for maintaining
international peace and security. It grants the Security Council the authority to take
enforcement measures, including the use of sanctions and military force, to address
threats to peace and acts of aggression.
b) Peacekeeping Operations:
o The Charter authorizes the Security Council to establish peacekeeping operations to
help maintain or restore peace and security in conflict-affected areas. Peacekeeping
missions are deployed with the consent of the parties involved and operate under the
principles of impartiality and non-use of force except in self-defence.

IV. Rights and Obligations of Member States:

a) Sovereign Equality:
o The Charter affirms the sovereign equality of all member states and prohibits
interference in their internal affairs. It promotes peaceful cooperation among nations
based on the principle of sovereign equality.
b) Respect for International Law:
o Member states are required to fulfil their obligations under the Charter and to settle
disputes peacefully in accordance with international law. They are also obligated to
comply with decisions of the Security Council in matters related to international peace
and security.

6. Universal Declaration of Human Rights (UDHR)

The concept of inalienable rights and fundamental freedoms is not new; nonetheless, the social
and political setting of the mid-twentieth century was unique and left an eternal impact on the
development of human rights. At a time when society was undergoing significant changes, the concept
of human rights was also compelled to shift as well. Following the end of World War II, the Holocaust
inevitably shed light on human rights issues, bringing those concerns to the forefront in the postwar
era.

The scars left by World War II on the human fraternity made it necessary for every nation to
realise the need for an international instrument that would serve as an attempt or effort towards
ensuring peace and the protection of human rights. Therefore, a declaration that was essential and
that would serve as a guiding light in the direction of the protection of human rights and the
establishment of peace across the globe was drafted by the Commission on Human Rights. This
declaration was drafted in complement to and support of the UN Charter, which mentioned the
promotion of respect for human rights and fundamental freedoms.

The Universal Declaration of Human Rights (UDHR) adopted by the United Nations General
Assembly, is an international declaration that establishes all human beings’ rights and freedoms. It
was adopted by the General Assembly on December 10, 1948, at the Palais de Chaillot in Paris, France,
after being drafted by a UN committee directed by Eleanor Roosevelt. The UDHR is a foundational text
in the history of human and civil rights, consisting of 30 articles in it. Although the declaration is not
legally enforceable, the rights are inscribed in the constitutions and national legislation of many
countries.

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 The Universal Declaration of Human Rights, along with the International Covenant on Civil and
Political Rights with its two Optional Protocols, the International Covenant on Economic, Social, and
Cultural Rights along with its Optional Protocol, forms the International Bill of Human Rights.

The UDHR, as mentioned above, comprises a preamble and 30 Articles that include civil and
political, as well as economic, social, and cultural rights. Though there is no clear classification of
articles into the two categories in The UDHR, they can be broadly classified depending upon the rights
that each article guarantees. Articles 2 to 21 and Article 28 can be classified as civil and political
rights, and Articles 22 to 27 can be categorised as economic, social, and cultural rights. The first article
of the declaration is the conveyance of a message to every individual to uphold the spirit of
brotherhood, and the last two articles of the declaration, i.e., Articles 29 and 30, are more like an
obligation than a right; they impose the duty or obligation upon every individual and state to not
exercise any of the rights enshrined in the Declaration in a way that would violate others’ rights and
freedoms.

World Human Rights Day is observed every year on December 10th, the anniversary of the
adoption of the Universal Declaration of Human Rights.
Significance
Since the Universal Declaration is not a treaty, it does not impose any legal duties on
governments directly. It is, however, a statement of universal principles that all members of the
international community share; it has also had a significant impact on the creation of international
human rights law.

The UDHR serves as an instrument that has exceptional significance in the sphere of human
rights. It is the primary proclamation that reflects the commitment of every nation towards the
protection of human rights. This document has great significance mainly because of two reasons,
firstly, for the fact that it is the first international instrument ever that focuses on the need for
protection of human rights across the globe. Secondly, the UDHR paved the way for other various
instruments on human rights that are legally binding upon the state parties. This declaration became
the basis of international human rights law and laid a foundation for the evolution of human rights
law not just at the international level but also at the domestic level. It inspired nations across the
world to give significance to human rights and to respect each and every individual.

As an impact of UDHR, every nation today, regardless of whether it is a democratic country or

not, has provided its citizens with at least the basics of human rights. The UDHR supported by various
other international instruments on human rights, has been successful in reducing numerous practices
such as racial discrimination, torture, slavery, etc., to a great extent, which were very prevalent during
the 19th century. Recognition of women’s rights is another achievement of the UDHR.

Though it is said that the Universal Declaration is not legally binding upon the state parties
directly, it is nevertheless important to understand that the mechanism under international human
rights law makes the UDHR indirectly binding upon the state parties through the medium of
forthcoming instruments on the subject of human rights. The various instruments that have come into
existence at the international level are ultimately based upon the principles and rights laid down by
the UDHR. Therefore, any nation that is a party to any of the instruments on human rights has an
indirect legal obligation to comply with the provisions of the UDHR.

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

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

 The International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Other legally binding agreements that expand on the rights enshrined in the Universal Declaration of
Human Rights include:

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

 The Convention on the Elimination of All Forms of Discrimination against Women, 1979
 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, 1984
 The Convention on the Rights of the Child, 1989
 The Convention on the Rights of Persons with Disabilities, 2006
The basic structure of the Universal Declaration of Human Rights was influenced by the Code
Napoléon, a series of regulations written centuries ago by Napoléon Bonaparte.

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

The Declaration consists of the following:

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

Article 1: Free and equal

All humans are born free and equal, and they should all be treated equally.

Article 2: Freedom from discrimination

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

Article 3: Right to life

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

Article 4: Freedom from slavery

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

Article 5: Freedom from torture

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

Article 6: Right to recognition before the law

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Each and every individual should be legally protected by law.

Article 7: Right to equality before the law

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

Article 8: Access to justice

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

Article 9: Freedom from arbitrary detention

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

Article 10: Right to a fair trial

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

Article 11: Presumption of innocence

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

Article 12: Right to privacy

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

Article 13: Freedom of movement

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

Article 14: Right to asylum

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

Article 15: Right to nationality

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

Article 16: Right to marriage and to found a family

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

Article 17: Right to own property

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

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Article 18: Freedom of religion or belief

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

Article 19: Freedom of Expression

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

Article 20: Freedom of assembly

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

Article 21: Right to take part in public affairs

 Everyone has the right to participate in the political activities of their country and has equal
access to public service.
 Economic, Social, and Cultural Rights: Articles 22 to 27

Article 22: Right to social security

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

Article 23: Right to work

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

Article 24: Right to leisure and rest

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

Article 25: Right to an adequate standard of living

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

Article 26: Right to education

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

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

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

Article 28: Right to a free and fair world

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

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Article 29: Duty to your community

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

Article 30: Rights are inalienable

No one, neither institution nor individual, should act in any way to undermine the rights guaranteed
by the UDHR.

Universal Declaration of Human Rights and Human Rights in India

India, as a democratic and welfare nation, has always given utmost importance to human rights and
has always been committed to the protection of human rights, which is also reflected in the Indian
Constitution.

The UDHR had a great influence on the Indian Constitution since the drafting of the document was
completed a year later to the adoption of the international instrument. India, being a signatory to the
proclamation, ensured that the principles enshrined in the UDHR are also reflected in the Constitution
of India. The words “Secular, Justice, Equality” in the preamble, the very beginning text of the
Constitution, reflect the spirit of India as a nation to promote and protect human rights. The simple
terms in the preamble are supported by Part III and Part IV of the Constitution, which discuss the
fundamental rights and the directive principles of state policy.

The below table shows the comparison between rights provided in the Indian Constitution and the
UDHR.

 Civil and Political Rights in the Universal Declaration of Human Rights and in the Indian
Constitution:

Universal Declaration of
Right Indian Constitution
Human Right

Right to equality Article 14 Article 7

Prohibition of discrimination Article 15, 16(2) Article 2, 7

Equality of opportunity Article 16(1) Article 21

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

Right to form peaceful assembly Article 19(1)(b) Article 20(1)

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Right to form association or union Article 19(1)(c) Article 23(4)

Freedom of movement and residence

Article 19(1)(d) and (e) Article 13
within the state

Freedom to practise profession, business

Article 19(1)(g) Article 23(1)
or occupation of choice

Right against retrospective application of

Article 20(1) Article 11(2)
penal laws

Right to life and personal liberty Article 21 Article 3

Right to education Article 21A and 45 Article 26

Right against arbitrary detention Article 22(1) Article 9

Right to be heard Article 22(1) and 39A Article 10

Prohibition of trafficking and forced labour Article 23 Article 4

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

Right to enjoyment of cultural life Article 29(1) Article 22 and 27

Remedy for enforcement of rights Article 32 Article 8

Right to adequate means of livelihood and

Article 39(a) and 43 Article 25(1)
standard of living and health

Right to equal pay for equal work Article 39(d) Article 23(2)

Right to healthy childhood and special care

Article 39(f) Article 25(2)
and assistance

 Economic, Social and Cultural Rights in the Universal Declaration of Human Rights and in the
Indian Constitution:

Si Universal declaration of rights Article in the universal Article in the Indian

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No. declaration constitution

1 Right to work, to just and favourable Article 23(1) Article 41

conditions of work

2 Right to equal pay for equal work Article 23(2) Article 39(d)

3 Right to education Article 26(1) Article 21(A), 41, 45,

& 51(A)k

4 Right to just and favourable remuneration Article 23(3) Article 43

5 Right to rest and leisure Article 24 Article 43

6 Right of everyone to a standard of living Article 25(1) Article 39(a) & Article
adequate for him and his family 47

7 Right to a proper social order Article 28 Article 38

Case laws

His holiness Kesavananda Bharati v. State of Kerala & Anr. (1973)

Brief facts:

In the present case, the petitioner was the chief of a religious institution (Mutt) in the state of Kerala.
The Mutt’s land was acquired by the state under the Kerala Land Reforms (Amendment) Act, 1969.
The petitioner challenged this Act in the Supreme Court, contending that the Legislation is violation of
Article 26 which provides for freedom to manage religious institutions.

The Parliament in the meanwhile passed 24th, 25th and 29th Constitutional Amendment Acts, which
added the Kerala Land Reforms (Amendment) Acts, 1969 and 1971 to the Ninth Schedule of the
Constitution and also curtailed the right to property as a fundamental right.

The petitioner challenged the constitutional validity of these acts and the power of parliament to
amend fundamental rights.

Issues:

 Whether or not the parliament can amend the fundamental rights.

 Whether or not the impugned Constitutional Amendment Acts are valid.

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Judgement:

Though the present case is a landmark one that dealt with various issues, the relevant portion of the
judgement with regard to human rights is the issue of the power of parliament to amend fundamental
rights. The Court in this case held that the parliament has the power to amend any provision of the
Constitution, but the amendment should not be violation of the basic structure of the Constitution
which includes the fundamental features of the constitution such as equality, justice, or any of the
principles mentioned in the preamble of the constitution. The basic structure also includes Part III of
the Constitution which includes the fundamental rights. The Court also held that though the UDHR is
not legally binding, the way the fundamental rights are drafted by the constituent assembly shows
how India understood the nature of human rights. The Court further held that the declaration
describes some rights as inalienable.

ADM Jabalpur v. Shivkant Shukla (1976)

Brief facts:

The president of India declared a national emergency through a presidential order under Article
352 of the Constitution citing threat to security of India due to internal disturbances.

The presidential order led to the suspension of fundamental rights guaranteed under Part III of the
Constitution. Simultaneously, the court proceedings with regard to the application of Article 14, 21
and 22 of the Constitution were also subject to suspension.

The declaration of emergency was followed by arbitrary detention of various politicians and others.

As a result of the presidential order, the lower courts suspended the proceedings dealing with the
application of rights under Articles 14, 21, and 22 of the Constitution. But the decision of a few courts
was not in favour of the government, and the government appealed such decisions before the
Supreme Court.

Issues:

 Whether or not the fundamental rights can be suspended during an emergency.

Judgement:

Hon’ble Justice Khanna, the dissenting judge in this case, while interpreting the presidential order
under Article 359(1), held that the interpretation of the presidential order, since it affects the
fundamental rights or human rights, should be in conformity with the international customary law.
Justice Khanna stressed upon Article 8 and 9 of the UDHR which provide for the enforcement of
fundamental rights and protection from arbitrary detention. He observed that the Court should
interpret the presidential order under Article 359(1) in a manner which would bring it conflict with
Article 8 and 9 of the UDHR. He therefore held that the presidential order should not be construed to
permit arbitrary detention or suspension of any remedy for the enforcement of fundamental rights.

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Kishore Chand v. State of Himachal Pradesh (1991)

Brief facts:

In the present case, the appellant, along with two other accused, was charged with offences
under Section 302 and 201 r/w Section 34 of the Indian Penal Code, 1860 for murder and concealing
the dead body of the victim.

The Sessions Court convicted all three accused for the alleged crime and sentenced them to life
imprisonment for offence under Section 302 and a rigorous imprisonment of 2 years for offence under
Section 201 of the Penal Code.

The High Court, on appeal, acquitted accused 2 and 3 for offence under Section 302 and confirmed the
conviction and sentence of the accused.

Therefore, the appellant filed an appeal before the Supreme Court.

Issues:

 Whether the prosecution proved the guilt of the accused beyond reasonable doubt.

Judgement:

The Supreme Court, while acquitting the appellant, held that the police failed to establish the guilt of
the accused beyond reasonable doubt and that there was fabrication of evidence by the investigating
officer. The Court also held that the investigating officer also violated the fundamental right to
personal liberty of the accused by framing them for offences punishable with capital punishment. The
Court further observed that, though investigating heinous crimes is a difficult task since such crimes
are committed with great secrecy, it is necessary to consider the precious fundamental right to life
and personal liberty guaranteed by Article 3 of the UDHR and Article 21 of the Indian Constitution.
The Court also invoked the right to defend guaranteed under Article 10 of the universal declaration
and held that assigning an experienced defence counsel to the accused is an important aspect of a fair
trial and the inbuilt right to life and liberty as guaranteed under Articles 14, 19, and 21 of the
Constitution.

Chairman, Railway Board & Ors. v. Mrs. Chandrima Das & Ors. (2000)

Brief facts:

In the present case, a few railway employees committed rape of a woman, who was a Bangladeshi
national, at the ‘Rail Yatri Niwas’, Howrah railway station.

Mrs. Chandrima Das, an advocate, filed a petition under Article 226 of the Constitution before the
Calcutta High Court claiming compensation for the victim. The High Court awarded a compensation of
Rs. 10 lakhs to the victim, which was to be paid by the railway board since the offence was committed
by the railway employees on the station premises.

The railway board filed an appeal before the Supreme Court contending that it would not be liable to
pay the compensation since the victim was a foreigner and not an Indian national. The board also
contended that the offence was an individual act of persons, and hence it would not be liable to pay

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compensation for the acts of concerned individuals. The board had further contended that
compensation could not be awarded since the petitioner was not the victim herself.

Issues:

 Whether the railway board is liable to pay the compensation.

Judgement:

The Court dismissed the appeal and held the railway board and the central government vicariously
liable. The Court, while upholding the compensation awarded to the victim, discussed the right to life
under Article 21 of the Constitution. The Court held that fundamental rights guaranteed under the
Constitution are in consonance with the rights set out in the UDHR. Therefore the meaning of the term
‘life’ under Article 3 of the Constitution has to have the same meaning under Article 21 of the
Constitution. The Court held that the meaning of the term life under Article 21 of the Constitution
cannot be narrowed down. Though the fundamental rights are available to the citizens of the nation, a
few of them are available to any person, be it a citizen or a foreigner.

Thalappalam Service Co-operative Bank Ltd. & Ors. v. State of Kerala & Ors. (2013)

Brief facts:

In the present case, a person named Sunil Kumar filed an RTI application seeking information about
some members of a co-operative society.

The Kerala State government issued a circular stating that all the co-operative societies registered
under the Kerala Co-operative Societies Act, 1969 fall within the definition of ‘Public Authority’
under Section 2(h) of the RTI Act, 2005 as a result of it being obligatory to provide the information
sought by any citizen under the RTI Act.

The co-operative society filed a writ petition before the Kerala High Court under Article 226 of the
Constitution challenging the circular. The Court upheld the circular.

After a series of appeals that involved overturning and upholding decision of the Kerala High Court,
the present appeal is filed before the Hon’ble Supreme Court.

Issues:

 Whether the Co-operative societies fall within the definition of ‘Public Authority’ under Section
2(h) of the RTI Act, 2005.

Judgement:

The Court in this case answered the issue negatively, holding that the co-operative societies do not fall
under the definition of public authority. The Court held that the furnishing personal information of an
individual that has no public interest would be a violation of the individual’s right to privacy, which
has been recognised as a basic human right under Article 12 of the UDHR and also as an implied right
under Article 21 of the Indian Constitution. The Court in this case also observed that the right to
information is also a fundamental right under Article 19(1)(a) of the Constitution, though it is not

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explicitly mentioned. It further noted that Article 19 of the universal declaration also recognises right
to information as a fundamental human right.

K.S. Puttaswamy & Anr. v. Union of India & Ors. (2017)

Brief facts:

The government launched AADHAR, which was made mandatory for availing certain schemes.

An individual was required to provide biometric data while signing up for AADHAR.

The petitioner, who is Retd. Justice challenged the Aadhar scheme before the Supreme Court,
contending that it violates the right to privacy of an individual.

Issues:

 Whether the right to privacy is a fundamental right and a constitutionally protected value.

Judgement:

The Supreme Court in this case held that the right to privacy is an essential part of the right to life and
personal liberty under Article 21 of the Constitution. The Court observed that the right to privacy is
recognised as an international human right by Article 12 of the UDHR to which India is also a
signatory. The Court therefore observed that recognition of privacy as a fundamental constitutional
value is part of India’s commitment to global human rights, as Article 51 of the Constitution requires
the state to respect international law and treaty obligations. The Court further held that the
importance of the right to privacy cannot be diluted.

International Bill of Rights

The "International Bill of Rights" refers to a collection of three key international human rights
documents that together form the cornerstone of modern international human rights law. These
documents include the Universal Declaration of Human Rights (UDHR), the International Covenant on
Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural
Rights (ICESCR).

Following the Second World War, a series of declarations and covenants began to articulate universal
human rights.

In 1948, for the first time, countries agreed on a comprehensive list of inalienable human rights. In
December of that year, the United Nations General Assembly adopted the Universal Declaration of
Human Rights (UDHR), a milestone that would profoundly influence the development of international
human rights law.

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

Together, the UDHR and these two Covenants are known as the International Bill of Human Rights

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In the beginning, different views were expressed about the form the bill of rights should take. In 1948,
General Assembly planned the bill to include UDHR, one Covenant and measures of implementation.
The Drafting Committee decided to prepare two documents: one in the form of a declaration, which
would set forth general principles or standards of human rights; the other in the form of a convention,
which would define specific rights and their limitations.
Accordingly, the Committee transmitted to the Commission on Human Rights draft articles of an
international declaration and an international convention on human rights. At its second session, in
December 1947, the Commission decided to apply the term "International Bill of Human Rights" to the
series of documents in preparation and established three working groups: one on the declaration, one
on the convention (which it renamed "covenant") and one on implementation. The Commission
revised the draft declaration at its third session, in May/June 1948, taking into consideration
comments received from Governments. It did not have time, however, to consider the covenant or the
question of implementation. The declaration was therefore submitted through the United Nations
Economic and Social Council to the General Assembly, meeting in Paris.
Later the draft covenant was divided in two (as decided by the General Assembly in 1952), differing
with both catalogue of rights and degree of obligations – for example, the ICESCR refers to the
"progressive realisation" of the rights it contains. In 1998, it was hailed as "A Magna Carta for all
humanity".

I. International Covenant on Civil and Political Rights (ICCPR)

Adoption:

Adopted by the United Nations General Assembly on December 16, 1966, and entered into
force on March 23, 1976.

Key Features:

o The ICCPR elaborates on civil and political rights outlined in the UDHR and establishes
them as legally binding obligations for states parties.
o It includes rights such as the right to life, freedom from torture and slavery, freedom of
speech, and the right to a fair trial.

Significance:

o It requires states parties to respect and ensure the civil and political rights of
individuals within their territory and subject to their jurisdiction.
o Establishes the Human Rights Committee to monitor the implementation of the
Covenant by its states parties.

Key Articles:

 Article 6: Right to life.

 Article 7: Freedom from torture and cruel, inhuman, or degrading treatment or punishment.
 Article 14: Right to a fair trial.
 Article 19: Right to freedom of opinion and expression.

II. International Covenant on Economic, Social and Cultural Rights (ICESCR)

Adoption:

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Adopted by the United Nations General Assembly on December 16, 1966, and entered into force on
January 3, 1976.

Key Features:

 The ICESCR elaborates on economic, social, and cultural rights outlined in the UDHR and
establishes them as legally binding obligations for states parties.
 It includes rights such as the right to work, the right to social security, the right to education,
and the right to an adequate standard of living.

Significance:

 It requires states parties to take steps to the maximum of their available resources to achieve
progressively the full realization of the rights recognized in the Covenant.
 Establishes the Committee on Economic, Social and Cultural Rights to monitor the
implementation of the Covenant by its states parties.

Key Articles:

 Article 6: Right to work.

 Article 9: Right to social security.
 Article 11: Right to an adequate standard of living, including adequate food, clothing, and
housing.
 Article 13: Right to education.

III. Combined Significance of the International Bill of Rights:

Comprehensive Human Rights Framework:

Together, these documents provide a detailed and comprehensive framework for the protection and
promotion of human rights, covering a wide range of civil, political, economic, social, and cultural
rights.

Global Standard:

They set a global standard for human rights, influencing national laws, constitutions, and
international treaties.

Legal Obligations:

 While the UDHR is a declaration and not legally binding, the ICCPR and ICESCR are treaties that
impose binding legal obligations on the states that have ratified them.

Monitoring and Implementation:

The ICCPR and ICESCR have established committees to monitor the implementation of their
provisions, allowing individuals to bring complaints and encouraging states to adhere to their
commitments.

Promotion of Human Dignity:

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  The International Bill of Rights plays a crucial role in promoting human dignity, equality, and
justice worldwide, guiding efforts to protect human rights and providing a basis for advocacy
and legal action against human rights violations.
 The International Bill of Rights represents a milestone in the global recognition and protection
of human rights, continuing to serve as a fundamental reference point for international human
rights law and advocacy.

The ICESCR and the ICCPR set out the civil, political, economic, social and cultural rights that
everyone is entitled to:

ICCPR ICESCR

 Freedom from discrimination  Freedom from discrimination

 Right to equality between men and women  Right to equality between men and
 Right to life women
 Freedom from torture  Right to work
 Freedom from slavery  Freedom to choose and accept work
 Right to liberty and security of person  Right to just and favourable conditions
 Right to be treated with humanity in at work
detention  Right to form trade unions
 Freedom of movement  Right to strike
 Freedom of non-citizens from arbitrary  Right to social security
expulsion  Right of mothers to special protection
 Right to fair trial before and after birth
 Right to recognition before the law  Freedom of children from social and
 Right to privacy economic exploitation
 Freedom of religion and belief  Right to an adequate standard of living
 Freedom of expression  Freedom from hunger
 Right of peaceful assembly  Right to health
 Freedom of association  Right to education
 Right to marry and found a family  Freedom of parents to choose
 Right of children to birth registration and a schooling for their children
nationality  Right to take part in cultural life
 Right to participate in public affairs  Right to enjoy benefits of science
 Right to equality before the law  Right of authors to moral and material
 Minority rights interests from works
 Freedom to undertake scientific
research and creative activity

Examples of violations:
Civil, Political, Economic, Cultural, and Social rights can be violated through various means. Violations
occur when a government fails in its obligations to respect, protect and fulfil these rights. Often a
violation of one of these rights is linked to a violation of other rights. Examples include:

 Forcibly evicting people from their homes (the right to adequate housing and the right to
choose his or her place of residence)
 Water treatment facilities contaminating drinking water (the right to health and the right to
life)

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  Failure to ensure a minimum wage sufficient for a decent living (the right to work and the right
to equality before the law)
 Denying a person access to information and services related to sexual and reproductive health
(the right to health and the right to life)

Right to Development
The right to development is a human right that recognizes every human right for constant
improvement of well-being. It was recognized by the United Nation as an international human right in
1986. The "Right to Development" is an important and multifaceted concept in international human
rights law that emphasizes the integral and interdependent nature of economic, social, cultural, civil,
and political rights. It recognizes that development is a comprehensive economic, social, cultural, and
political process aimed at the constant improvement of the well-being of the entire population and of
all individuals based on their active, free, and meaningful participation in development and in the fair
distribution of benefits resulting from it.

The Right to development is fully recognized as a universal human right. As recognized by

article 1 of the 1986 Declaration, it is both a group right of peoples and an individual right. Article 1
states, "The right to development is an inalienable human right by virtue of which every human
person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural
and political development, in which all human rights and fundamental freedoms can be fully realized

The right to development was debated for decades prior to its adoption as an international
human right by the UN in 1986. Conceptual differences were impacted by Cold War political positions.
The right to development is now included in the mandate of several UN institutions and offices.
The UN's declaration was presaged by the 1974 Declaration on the Establishment of a New
International Economic Order and in 1977 by a resolution of the United Nations Commission on
Human Rights.
The right to development was first recognized in 1981 in Article 22 of the African Charter on
Human and Peoples' Rights as a definitive individual and collective right. Article 22(122) provides
that: "All peoples shall have the right to their economic, social and cultural development with due
regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind."

United Nations Declaration on the Right to Development

 The right to development was subsequently proclaimed by the United Nations in 1986 in the
"Declaration on the Right to Development," which was adopted by the United Nations General
Assembly resolution 41/128. The vote took place on the 4th of December 1986. A total of 146
States voted for the resolution with 8 abstentions (Denmark, Finland, the Federal Republic of
Germany, Iceland, Israel, Japan, Sweden and the United Kingdom of Great Britain and Northern
Ireland). The only state to vote against the declaration was the United States of America.
 The text of the declaration was the result of significant compromises. It contained ten short
articles and ambiguous wording.
 The Preamble of the Declaration on the Right to Development states "development is a
comprehensive economic, social, cultural and political process, which aims at the constant
improvement of the well-being of the entire population and of all individuals on the basis of

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 their active, free and meaningful participation in development and in the fair distribution of
benefits resulting therefrom."

Definition: The right to development is the right of individuals and peoples to participate in,
contribute to, and enjoy continuous economic, social, cultural, and political development, in which all
human rights and fundamental freedoms can be fully realized.

Key Features:

1. Holistic Approach:
o The right to development addresses the full spectrum of human rights (civil, political,
economic, social, and cultural) and recognizes their interdependence and indivisibility.
2. Human-Centered Development:
o Prioritizes human well-being, emphasizing that development should improve the
quality of life, respect human dignity, and allow individuals to achieve their full
potential.
3. Participation and Inclusion:
o Ensures that all individuals and communities, particularly marginalized and
disadvantaged groups, have the right to participate in the decision-making processes
that affect their lives.
4. Non-Discrimination and Equity:
o Promotes fairness and justice in the distribution of the benefits of development and the
elimination of disparities and inequalities within and among countries.
5. Sovereignty over Natural Resources:
o Recognizes the right of states and peoples to exercise sovereignty over their natural
resources, aiming to utilize them in ways that benefit their populations.
6. International Cooperation:
o Stresses the importance of global solidarity and cooperation, recognizing that
development challenges transcend national borders and require coordinated
international efforts.

Legal and Institutional Framework:

1. Declaration on the Right to Development (1986):

o Adopted by the United Nations General Assembly on December 4, 1986.
o Affirms the right to development as an inalienable human right, entitling every human
person and all peoples to participate in, contribute to, and enjoy development.

Key Articles of the Declaration:

 Article 1: Establishes the right to development as an inalienable human right, where all human
rights and fundamental freedoms can be fully realized.
 Article 2: Emphasizes that the human person is the central subject of development and that
states have the primary responsibility for creating favourable conditions for development.
 Article 3: Calls for states to cooperate to ensure development and to create an international
environment that supports development.
 Article 4: Emphasizes the need for appropriate policies and measures at both national and
international levels to foster development.

2. UN Mechanisms:

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 o Various UN bodies, such as the Human Rights Council and the Office of the High
Commissioner for Human Rights (OHCHR), play roles in promoting and monitoring the
implementation of the right to development.
o The UN has established special rapporteurs and working groups dedicated to the right
to development, which provide guidance and recommendations for its realization.

Challenges to Implementation:

1. Economic Disparities:
o Persistent inequalities between and within countries pose significant obstacles to
achieving equitable development.
2. Political Will and Commitment:
o Realizing the right to development requires strong political commitment from national
governments and the international community to integrate human rights into
development policies and practices.
3. Global Governance and Trade:
o Reforming global governance structures and establishing fair trade practices are crucial
for enabling developing countries to participate effectively in and benefit from the
global economy.
4. Sustainable Development:
o Development must be sustainable, ensuring that the needs of the present are met
without compromising the ability of future generations to meet their own needs.

Importance and Implications:

1. Guiding Framework:
o The right to development provides a comprehensive framework for addressing global
development challenges and ensuring that development benefits all individuals and
communities.
2. Empowerment and Participation:
o It emphasizes the importance of empowering individuals and communities to take an
active role in their own development, promoting democratic governance and
accountability.
3. Equitable Distribution:
o Focuses on ensuring that the benefits of development are distributed equitably,
reducing disparities and fostering social justice.
4. International Solidarity:
o Encourages international cooperation and solidarity, recognizing that global challenges
such as poverty, inequality, and climate change require collective action.

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 Unit III

The Convention on the Prevention and Punishment of the Crime of Genocide

-UN Convention Against Torture, Cruel and Degrading Treatment and

Punishment

- UN Declaration and Duties and Responsibilities of Individuals 1997 -UN

agencies to monitor compliance with Human Rights and mechanisms for
enforcement

-Meaning and Concept of Human Rights Education Transformation of human

rights framework from international to national level with special reference
to India

- Role of Indian judiciary, Human Rights Commissions

-Role of advocacy groups

- NGOs, Mass media

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 The Convention on the Prevention and Punishment of the Crime of Genocide
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or
the Genocide Convention, is an international treaty that criminalizes genocide and obligates state
parties to pursue the enforcement of its prohibition. It was the first legal instrument
to codify genocide as a crime, and the first human rights treaty unanimously adopted by the United
Nations General Assembly, on 9 December 1948, during the third session of the United Nations
General Assembly. The Convention entered into force on 12 January 1951 and has 152 state parties as
of 2022.
The Genocide Convention was conceived largely in response to World War II, which
saw atrocities such as the Holocaust that lacked an adequate description or legal definition. Polish-
Jewish lawyer Raphael Lemkin, who had coined the term genocide in 1944 to describe Nazi policies
in occupied Europe and the Armenian genocide, campaigned for its recognition as a crime
under international law. This culminated in 1946 in a landmark resolution by the General Assembly
that recognized genocide as an international crime and called for the creation of a binding treaty to
prevent and punish its perpetration. Subsequent discussions and negotiations among UN member
states resulted in the CPPCG.
The Convention defines genocide as any of five "acts committed with intent to destroy, in
whole or in part, a national, ethnical, racial or religious group." These five acts include killing
members of the group, causing them serious bodily or mental harm, imposing living conditions
intended to destroy the group, preventing births, and forcibly transferring children out of the group.
Victims are targeted because of their real or perceived membership of a group, not randomly. The
convention further criminalizes "complicity, attempt, or incitement of its commission." Member states
are prohibited from engaging in genocide and obligated to pursue the enforcement of this prohibition.
All perpetrators are to be tried regardless of whether they are private individuals, public officials, or
political leaders with sovereign immunity.
The CPPCG has influenced law at both the national and international level. Its definition of
genocide has been adopted by international and hybrid tribunals, such as the International Criminal
Court, and incorporated into the domestic law of several countries. Its provisions are widely
considered to be reflective of customary law and therefore binding on all nations whether or not they
are parties. The International Court of Justice (ICJ) has likewise ruled that the principles underlying
the Convention represent a peremptory norm against genocide that no government can derogate. The
Genocide Convention authorizes the mandatory jurisdiction of the ICJ to adjudicate disputes, leading
to international litigation such as the Rohingya genocide case and dispute over the 2022 Russian
invasion of Ukraine.

India had actively participated in the formulation of the Genocide Convention and ratified it in
August 1959.Despite the ratification, India is yet to define genocide by law.

Key Provisions of the Genocide Convention:

1. Definition of Genocide (Article II):
Article 2 of the Convention defines genocide as:
... Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic,
racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part;

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 (d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
— Convention on the Prevention and Punishment of the Crime of Genocide, Article 2
2. Punishable Acts (Article III):
Article 3 defines the crimes that can be punished under the convention:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
— Convention on the Prevention and Punishment of the Crime of Genocide, Article 3

3. Obligations of States (Articles IV-VII):

 Article IV: Persons committing genocide or any of the other acts enumerated in Article III shall
be punished, whether they are constitutionally responsible rulers, public officials, or private
individuals.
 Article V: Contracting Parties undertake to enact the necessary legislation to give effect to the
provisions of the Convention and, in particular, to provide effective penalties for persons guilty
of genocide.
 Article VI: Persons charged with genocide or any of the other acts enumerated in Article III
shall be tried by a competent tribunal of the state in which the act was committed or by an
international penal tribunal.
 Article VII: Genocide and other acts enumerated in Article III shall not be considered as
political crimes for the purpose of extradition.

4. Prevention and Cooperation (Articles VIII-IX):

 Article VIII: Any contracting party may call upon the competent organs of the United Nations
to take appropriate action under the Charter of the United Nations for the prevention and
suppression of acts of genocide.
 Article IX: Disputes between contracting parties relating to the interpretation, application, or
fulfilment of the Convention, including those relating to the responsibility of a state for
genocide or any of the other acts enumerated in Article III, shall be submitted to the
International Court of Justice at the request of any of the parties to the dispute.

The convention was passed to outlaw actions similar to the Armenian genocide and the Holocaust.
The first draft of the Convention included political killing, but the USSR along with some other
nations would not accept that actions against groups identified as holding similar political opinions or
social status would constitute genocide, so these stipulations were subsequently removed in a
political and diplomatic compromise.
Early drafts also included acts of cultural destruction in the concept of genocide, but these were
opposed by former European colonial powers and some settler countries. Such acts, which Lemkin
saw as part and parcel of the concept of genocide, have since often been discussed as cultural
genocide (a term also not enshrined in international law). In June 2021, the International Criminal
Court issued new guidelines for how cultural destruction, when occurring alongside other recognized
acts of genocide, can potentially be corroborating evidence for the intent of the crime of genocide.

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Member States:

As of May 2021, there are 152 state parties to the Genocide Convention—representing the vast
majority of sovereign nations—with the most recent being Mauritius, on 8 July 2019; one state, the
Dominican Republic, has signed but not ratified the treaty. Forty-four states have neither signed nor
ratified the convention.
Despite its delegates playing a key role in drafting the convention, the United States did not
become a party until 1988—a full forty years after it was opened for signature—and did so only with
reservations precluding punishment of the country if it were ever accused of genocide. These were
due to traditional American suspicion of any international authority that could override US law. U.S.
ratification of the convention was owed in large part to campaigning by Senator William Proxmire,
who addressed the Senate in support of the treaty every day it was in session between 1967 and 1986.

Significance and Impact:

1. Legal Framework:
o The Genocide Convention provides a comprehensive legal framework for defining,
preventing, and punishing genocide. It is one of the most important international
instruments for human rights protection.
2. Accountability and Justice:
o The Convention holds individuals, including state officials and leaders, accountable for
committing genocide. This principle of individual accountability has been crucial in
prosecuting genocide at both national and international levels.
3. International Cooperation:
o The Convention fosters international cooperation to prevent and punish genocide,
emphasizing the collective responsibility of the international community.
4. Foundation for International Tribunals:
o The Genocide Convention has laid the groundwork for the establishment of
international tribunals, such as the International Criminal Tribunal for Rwanda (ICTR)
and the International Criminal Tribunal for the former Yugoslavia (ICTY), which have
been instrumental in prosecuting perpetrators of genocide.
5. Role of the International Criminal Court (ICC):
o The Rome Statute of the International Criminal Court (1998) includes genocide as one
of the core crimes under its jurisdiction, further strengthening the international legal
framework for addressing genocide.

Challenges and Criticisms:

1. Enforcement Issues:
o One of the primary challenges of the Genocide Convention is the enforcement of its
provisions. The international community has often been criticized for its failure to
prevent genocides in a timely manner, as seen in Rwanda (1994) and Darfur (2003).
2. Political Will:
o The effectiveness of the Convention depends significantly on the political will of states
to implement its provisions and to intervene in situations where genocide is occurring
or at risk of occurring.
3. Scope and Interpretation:
o There have been debates and legal challenges regarding the interpretation of the
definition of genocide and the scope of the Convention, particularly in distinguishing
genocide from other serious human rights violations.

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UN Convention Against Torture, Cruel and Degrading Treatment and Punishment
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the “Torture Convention”) was adopted by the General Assembly of the United Nations
on 10 December 1984 (resolution 39/46). The Convention entered into force on 26 June 1987 after it
had been ratified by 20 States. The UN Convention Against Torture, and Other Cruel, Inhuman or
Degrading Treatment or Punishment (UNCAT) is a vital international human rights treaty that aims to
prevent and address acts of torture and other forms of cruel, inhuman, or degrading treatment or
punishment worldwide. The Convention establishes a comprehensive framework for prohibiting
torture and providing remedies for victims. A 2021 study in the American Journal of Political
Science found that countries that adopt national laws that prohibit torture (defining it in line with the
standards codified in the UN Convention against Torture) subsequently experience reductions in
police torture
Key Provisions of UNCAT:

1. Definition of Torture (Article 1):

 Torture is defined as any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for purposes such as obtaining information or a confession,
punishment, intimidation or coercion, or for any reason based on discrimination, when such
pain or suffering is inflicted by or with the consent or acquiescence of a public official or other
person acting in an official capacity.

2. Prohibition and Prevention (Articles 2-5):

 Article 2: Each State Party must take effective legislative, administrative, judicial, or other
measures to prevent acts of torture in any territory under its jurisdiction. No exceptional
circumstances whatsoever, whether a state of war or a threat of war, internal political
instability, or any other public emergency, may be invoked as a justification for torture.
 Article 3: No State Party shall expel, return ("refouler"), or extradite a person to another state
where there are substantial grounds for believing that they would be in danger of being
subjected to torture.
 Articles 4-5: States Parties must ensure that all acts of torture are offenses under their
criminal law, with appropriate penalties. They must also establish jurisdiction over such
offenses when they occur in their territory or involve their nationals.

3. Obligations to Investigate and Prosecute (Articles 6-9):

 Article 6: States Parties must ensure that any person alleged to have committed torture is
promptly brought before competent authorities for the purpose of prosecution.
 Article 7: States must prosecute or extradite alleged torturers found in their territory if they
do not extradite them to another state.
 Article 8: The offenses of torture should be considered extraditable offenses in any extradition
treaty between States Parties.

4. Protection and Redress (Articles 10-14):

 Article 10: States Parties must ensure that education and information regarding the
prohibition against torture are fully included in the training of law enforcement personnel, civil
or military, medical personnel, public officials, and others involved in custody, interrogation, or
treatment of individuals subjected to any form of arrest, detention, or imprisonment.

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  Article 11: Each State Party shall keep under systematic review interrogation rules,
instructions, methods, and practices, as well as arrangements for the custody and treatment of
individuals subjected to any form of arrest, detention, or imprisonment.
 Article 12: States Parties must ensure prompt and impartial investigations whenever there is a
reasonable ground to believe that an act of torture has been committed.
 Article 13: States Parties must ensure that any individual who alleges they have been
subjected to torture has the right to complain to, and to have their case promptly and
impartially examined by, competent authorities.
 Article 14: Each State Party must ensure that the victim of an act of torture obtains redress
and has an enforceable right to fair and adequate compensation, including the means for as full
rehabilitation as possible.

5. International Cooperation and Monitoring (Articles 15-24):

 Article 15: States Parties must ensure that any statement which is established to have been
made as a result of torture is not invoked as evidence in any proceedings, except against a
person accused of torture as evidence that the statement was made.
 Article 16: Each State Party must undertake to prevent in any territory under its jurisdiction
other acts of cruel, inhuman, or degrading treatment or punishment which do not amount to
torture as defined in Article 1, when such acts are committed by or at the instigation of or with
the consent or acquiescence of a public official or other person acting in an official capacity.
 Articles 17-24: Establish the Committee Against Torture, which is responsible for monitoring
the implementation of the Convention by States Parties. States are required to submit regular
reports to the Committee, which reviews and comments on these reports and can conduct
inquiries and investigate allegations of systematic torture.

Significance and Impact:

1. Global Standard:
o The UNCAT sets a clear global standard for the absolute prohibition of torture and other
forms of cruel, inhuman, or degrading treatment or punishment.
2. Legal Obligations:
o It creates binding legal obligations for States Parties to prevent, investigate, prosecute,
and redress acts of torture, ensuring accountability and justice.
3. Protection and Redress:
o The Convention emphasizes the rights of victims to protection, complaint mechanisms,
and adequate redress, including compensation and rehabilitation.
4. International Monitoring:
o The establishment of the Committee Against Torture ensures that there is an
international body to monitor and review the implementation of the Convention,
providing a mechanism for accountability and improvement.

Challenges and Criticisms:

1. Implementation Gaps:
o Despite the Convention's comprehensive framework, there are significant gaps in
implementation, with many states failing to fully comply with their obligations.
2. Political Will:
o The effectiveness of the Convention is often hindered by a lack of political will,
inadequate resources, and insufficient training of relevant personnel.
3. Non-State Actors:

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 o The Convention primarily addresses acts of torture committed by state actors or with
their acquiescence. Addressing torture by non-state actors remains a complex challenge.

The Optional Protocol

An Optional Protocol to the Torture Convention was adopted by the General Assembly of the
United Nations on 18 December 2002 (resolution 57/199). The Optional Protocol, which entered into
force on 22 June 2006, establishes a system of regular visits by international and national bodies to
places of detention in order to prevent torture and other cruel, inhuman or degrading treatment or
punishment. A Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment has been set up to carry out such visits and to support States parties and
national institutions in performing similar functions at the national level.

The Committee against Torture

The Committee against Torture holds two annual sessions. At each session, the Committee
examines reports from a number of States parties. Each report is examined orally in the presence of
one or more representatives of the State concerned. Each State whose report is to be examined at a
session is informed in advance of the main questions the Committee wishes to be discussed. After the
examination of each report the Committee adopts its conclusions and recommendations. The
Committee may also adopt general comments on specific provisions of the Convention or issues
related to their implementation.

The Committee against Torture has also set up a working group to prepare the examination of
individual communications received under article 22 of the Torture Convention. The working group
examines the admissibility and merits of the communications and makes recommendations to the
Committee.

UN Declaration and Duties and Responsibilities of Individuals 1997

The "UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms," commonly
referred to as the Declaration on Human Rights Defenders, was adopted by the United Nations
General Assembly on December 9, 1998. This declaration underscores the importance of the role of
individuals and groups in advocating for human rights and outlines the responsibilities and
protections afforded to them.

Key Provisions of the Declaration:

1. Right to Promote Human Rights (Articles 1-5):

 Article 1: Affirms that everyone has the right, individually and in association with others, to
promote and strive for the protection and realization of human rights and fundamental
freedoms at the national and international levels.
 Article 2: States are responsible for implementing and promoting all human rights and
fundamental freedoms.
 Article 3: Encourages everyone to promote and respect the rights and freedoms set forth in
the Universal Declaration of Human Rights and other international human rights instruments.
 Article 4: Emphasizes that everyone has the right to take part in peaceful activities against
violations of human rights and fundamental freedoms.

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  Article 5: Recognizes the right of individuals and organizations to meet and assemble
peacefully for the purpose of promoting and protecting human rights.

2. Responsibilities of States (Articles 6-9):

 Article 6: Individuals and groups have the right to know, seek, obtain, receive, and hold
information about human rights and fundamental freedoms.
 Article 7: The right to develop and discuss new human rights ideas and principles and to
advocate for their acceptance.
 Article 8: The right to submit to governmental bodies, organizations, and agencies criticisms
and proposals to improve their functioning and to draw attention to any aspect of their work
that may hinder or impede the promotion, protection, and realization of human rights and
fundamental freedoms.
 Article 9: The right to offer and provide professionally qualified legal assistance or other
relevant advice and assistance in defending human rights and fundamental freedoms.

3. Protection of Human Rights Defenders (Articles 10-14):

 Article 10: States must take all necessary measures to ensure the protection of everyone
against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure,
or any other arbitrary action as a consequence of their legitimate exercise of the rights referred
to in the Declaration.
 Article 11: Everyone has the right, individually and in association with others, to develop and
discuss new human rights ideas and principles and to advocate their acceptance.
 Article 12: The state has the responsibility to take legislative, judicial, administrative, or other
appropriate measures to promote the understanding by all persons under its jurisdiction of
their civil, political, economic, social, and cultural rights.
 Article 13: Everyone has the right, individually and in association with others, to solicit,
receive, and utilize resources for the express purpose of promoting and protecting human
rights and fundamental freedoms through peaceful means.
 Article 14: States should take measures to promote the protection and realization of human
rights and fundamental freedoms and to promote and facilitate the teaching of human rights at
all levels of education.

4. Duties and Responsibilities of Individuals and Organizations (Articles 15-18):

 Article 15: Everyone has the right to participate in peaceful activities against violations of
human rights and fundamental freedoms.
 Article 16: Individuals, groups, and organs of society shall conduct their activities in
accordance with the law.
 Article 17: The declaration recognizes the important role of human rights defenders and
encourages everyone to support their work.
 Article 18: Emphasizes that everyone has duties towards and within the community in which
alone the free and full development of his or her personality is possible.

Significance and Impact:

1. Recognition of Human Rights Defenders:

o The Declaration formally recognizes the crucial role played by human rights defenders
in advocating for and protecting human rights. It acknowledges their right to operate
freely and safely.

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 2. Framework for Protection:
o It provides a framework for the protection of human rights defenders, outlining the
responsibilities of states to ensure their safety and security against any form of threat or
retaliation.
3. Empowerment and Participation:
o By affirming the rights of individuals and groups to promote and protect human rights,
the Declaration empowers civil society and encourages broad participation in human
rights advocacy.
4. Promotion of Human Rights Education:
o The Declaration emphasizes the importance of human rights education and the
dissemination of information to raise awareness and foster a culture of respect for
human rights.

Challenges and Implementation:

1. Protection Mechanisms:
o Ensuring effective protection mechanisms for human rights defenders remains a
significant challenge. Many defenders face threats, harassment, and violence,
particularly in restrictive or repressive environments.
2. Political Will:
o The implementation of the Declaration's provisions often depends on the political will
of states. In some cases, governments may lack the commitment to fully protect and
support human rights defenders.
3. Resource Constraints:
o Adequate resources and support are essential for human rights defenders to carry out
their work effectively. Many face financial constraints and lack access to necessary
resources.
4. Legal and Policy Frameworks:
o Strengthening national legal and policy frameworks in line with the Declaration is
crucial for ensuring that the rights and responsibilities outlined are effectively upheld.

UN agencies to monitor compliance with Human Rights and mechanisms for

enforcement
The United Nations (UN) has established several agencies and mechanisms to monitor
compliance with human rights and to enforce international human rights standards. These bodies play
a crucial role in promoting and protecting human rights globally, providing oversight, and holding
states accountable for their human rights obligations.
The UN human rights monitoring mechanisms can be classified into two main categories:
UN Charter-based bodies and procedures and Treaty-based bodies and procedures.
The former derive from provisions in the Charter of the United Nations (UN); the latter are bodies
created under international human rights treaties. These two mechanisms complement each other.

A series of international human rights treaties and other instruments adopted since 1945 have
expanded the body of international human rights law. They include the Convention on the Prevention
and Punishment of the Crime of Genocide (1948), the International Convention on the Elimination of
All Forms of Racial Discrimination (1965), the Convention on the Elimination of All Forms of

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Discrimination against Women (1979), the Convention on the Rights of the Child (1989) and the
Convention on the Rights of Persons with Disabilities (2006), among others.

Key UN Agencies and Bodies:

1. Office of the High Commissioner for Human Rights (OHCHR):

The UN High Commissioner for Human rights is appointed by the Secretary General of the UN
with the approval of the General of the UN and holds office for of four years. His office is located at
Geneva with a branch office in New York. He has special responsibilities for promoting and protecting
human rights. He was required to report annually to the Commission on Human Rights and, through
the ECOSOC to the General Assembly. Now the Commission has been replaced by the Human Rights
Council in 2006, directly reports to the General Assembly of the UN. The Centre for Human Rights was
to implement the policies proposed by the High Commissioner.

The High Commissioner for Human Rights is the principal human rights official of the UN. He
heads office of the UN High Commissioner for Human Rights (OHCHR) and spearheads UN human
rights efforts. He offers leadership, works objectively, educates and takes action to empower
individuals and assists States in upholding human rights. He is part of the UN Secretariat.

The Office of the High Commissioner for Human Rights (OHCHR) was established at Geneva
with a liaison office in New York. The office of the UN High Commissioner for Human Rights and
Centre for Human Rights were merged and now there is single OHCHR since 1997. The OHCHR is
headquartered at Geneva with a liaison office in New York and contact centres in various countries.

The OHCHR discharges various functions relating to promotion, implementation and international
cooperation of human rights. The OHCHR works with governments, national institutions, and civil
society, regional and international organisations in order to strengthen the UN rights programme. As a
part of the UN, the OHCHR is mandated to promote and protect all rights of the UN Charter,
international human rights law and treaties. This includes prevention of human rights violations,
promoting international cooperation to protect human rights and attempting to integrate a human
rights approach within all works carried out by the agencies of the UN. The High Commissioner for
Human Rights is the principal human rights official of the UN Headquarters at Geneva. He is a part of
the UN Secretariat.

Mission and Mandate

The OHCHR's mission is to:

 Promote and protect all human rights for all people.

 Help empower individuals to realize their rights.
 Assist those responsible for upholding such rights in ensuring that they are implemented.

Key Functions

1. Monitoring and Reporting: The OHCHR monitors the human rights situation worldwide and
reports on human rights violations. This includes the deployment of human rights officers and
special rapporteurs who investigate and report on specific issues or countries.

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 2. Advisory Services: The OHCHR provides technical advice and support to governments, non-
governmental organizations (NGOs), and other entities to help them implement human rights
standards.
3. Advocacy and Awareness: The OHCHR conducts campaigns and initiatives to raise awareness
about human rights issues and advocates for the protection of human rights at national,
regional, and international levels.
4. Capacity Building: The OHCHR offers training and education programs to build the capacity of
stakeholders, including state actors, civil society, and other entities involved in human rights
work.
5. Support to UN Human Rights Mechanisms: The OHCHR supports the work of various UN
human rights mechanisms, such as the Human Rights Council, treaty bodies, and the Universal
Periodic Review (UPR).

Leadership

The High Commissioner for Human Rights, appointed by the UN Secretary-General, leads the OHCHR.
The High Commissioner is the principal human rights official of the United Nations and is responsible
for promoting and protecting human rights worldwide.

Headquarters and Field Presence

 Headquarters: The OHCHR is headquartered in Geneva, Switzerland.

 Field Offices: It operates numerous regional and country offices around the world, enhancing
its ability to monitor human rights situations on the ground and engage directly with local
stakeholders.

Key Instruments and Standards

The OHCHR works within the framework of international human rights law, including:

 The Universal Declaration of Human Rights (UDHR).

 Core international human rights treaties such as the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural
Rights (ICESCR).
 Other relevant international human rights instruments.

Funding

The OHCHR is funded through the UN regular budget and voluntary contributions from member
states, intergovernmental organizations, foundations, and individuals.

Impact and Challenges

The OHCHR plays a critical role in highlighting human rights abuses, providing a voice for victims, and
holding perpetrators accountable. However, it faces challenges such as political resistance from
member states, limited resources, and the complexity of addressing deeply entrenched human rights
issues in various contexts.

Recent Initiatives

The OHCHR is involved in several recent initiatives, including:

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  Addressing the human rights impacts of climate change.
 Promoting gender equality and women's rights.
 Combating racial discrimination and other forms of intolerance.
 Ensuring the rights of migrants and refugees.

The OHCHR's work is vital for the promotion and protection of human rights globally, making it a
cornerstone of the international human rights system.

2. Human Rights Committee

The Human Rights Committee is the body of independent experts that monitors implementation of the
International Covenant on Civil and Political Rights by its State parties. The United Nations Human
Rights Committee is a United Nations body of 18 experts established by a human rights treaty, the
International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-
week sessions per year to consider the periodic reports submitted by the 172 States parties to the
ICCPR.

All States parties are obliged to submit regular reports to the Committee on how the rights are being
implemented. States must report initially one year after acceding to the Covenant and then whenever
the Committee requests (usually every four years). The Committee examines each report and
addresses its concerns and recommendations to the State party in the form of "concluding
observations".

The UN Human Rights Committee should not be confused with the more high-profile UN Human
Rights Council, or its predecessor, the UN Commission on Human Rights. Whereas the Human Rights
Council (since June 2006) and the Commission on Human Rights are UN political bodies: composed of
states, established by a UN General Assembly resolution and the UN Charter, and discussing the entire
range of human rights concerns; the Human Rights Committee is a UN expert body: composed of
persons, established by the ICCPR. Under article 41 of the Committee to hear inter-state complaints.
Both the complainant and the object state must have made such declarations. The Committee will
seek to resolve the issue & if it is not successful, it may under article 42 appoint, with consent of the
parties, an adhoc Conciliation Commission.

The powers of the Human Rights Committee were extended by Optional Protocol I to the Civil and
Political Rights Covenant with regard to ratifying states to include the competence to receive and
consider individual communications alleging violations of the Covenant by a state party to the
Protocol. The individual must have exhausted all available domestic remedies and the same matter
must not be in the process of examination under another international procedure. The procedure
under the Optional Protocol is divided into several stages. The gathering of basic information is done
by the Secretary General and laid before the working Group on Communications of the Committee,
which recommends whether, for example, further information is required from the applicant or the
relevant state party and whether the communication should be declared inadmissible. The procedure
before the Committee itself is divided into an admissibility and a merits stage. Interim decisions may
be made by the Committee and ultimately a 'final view' communicated to the parties.

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The Committee has dealt with the death penalty issues in several cases has noted, for example, that
such a sentence may only be imposed in accordance with due process rights.
Article 6 of the ICCPR provides that death sentences may only be imposed for the most serious of
crimes. It provides for non-retroactivity of penalties and that any death sentence must be subject to
the guarantees of the Covenant, including the fair trial provisions of Article 14.

This penalty can only be carried out pursuant to a final judgement rendered by a competent court. The
inclusion of Article 14 standards under Article 6 is important because, while the former is derogable
in time of public emergency, the latter is not. Thus, at least for death penalty cases, the full protection
of Article 14 is applicable in all circumstances. The Committee has also held that the Covenant's
obligations cover the decisions of diplomatic authorities of a state party regarding citizens living
abroad. In the Robinson case, the Committee considered whether a state was under an obligation itself
to make a provision for effective representation by counsel appointed by the author of the
communication declines to appear. The Committee emphasised that it was axiomatic that legal
assistance be available in capital cases & decided that the absence of counsel constituted unfair trial.

3. The Human Rights Council (HRC)

The Human Rights Council (HRC) is an intergovernmental body within the United Nations system
responsible for strengthening the promotion and protection of human rights around the globe and for
addressing situations of human rights violations. Here’s a detailed overview of the HRC:

Establishment and Mandate

 Established: The HRC was established by the United Nations General Assembly on March 15,
2006, by resolution 60/251. It replaced the former UN Commission on Human Rights.
 Mandate: The HRC's mandate includes addressing violations of human rights, promoting
human rights education and learning, reviewing human rights situations in UN member states,
and making recommendations for the advancement of human rights.

Structure and Membership

 Members: The HRC consists of 47 member states elected by the UN General Assembly. The
membership is based on equitable geographical distribution: 13 seats for African states, 13 for
Asia-Pacific states, 8 for Latin American and Caribbean states, 7 for Western European and
other states, and 6 for Eastern European states.
 Terms: Members serve for three years and are not eligible for immediate re-election after two
consecutive terms.

Key Functions

1. Universal Periodic Review (UPR): The UPR is a unique process which involves a periodic
review of the human rights records of all 193 UN member states. This mechanism allows for
the assessment of human rights situations in all countries and provides an opportunity for
states to declare what actions they have taken to improve human rights situations in their
countries.
2. Special Procedures: These are mechanisms established by the HRC to address either specific
country situations or thematic issues in all parts of the world. Special procedures can include
special rapporteurs, special representatives, independent experts, and working groups who

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 undertake country visits, act on individual cases and concerns of a broader, structural nature,
conduct studies, and report to the Council on their findings.
3. Complaint Procedure: The HRC can address consistent patterns of gross and reliably attested
violations of human rights and fundamental freedoms occurring in any part of the world and
under any circumstances.
4. Advisory Committee: Serving as the "think tank" for the Council, the Advisory Committee
provides expertise and advice on thematic human rights issues and works at the direction of
the Council.
5. Resolutions and Decisions: The HRC can adopt resolutions and decisions to address specific
human rights situations or thematic issues. These can range from condemnations of human
rights abuses to calls for action from states or other UN bodies.

Sessions

 The HRC holds three regular sessions per year, in March, June, and September, at the UN Office
in Geneva, Switzerland. Special sessions can be convened at the request of member states to
address urgent human rights situations.

Leadership

 President: The Council is led by a President and four Vice-Presidents, forming the Bureau,
which is responsible for the organization and smooth functioning of the Council. The President
is elected annually from among the Council members.

Impact and Challenges

 Impact: The HRC has played a significant role in highlighting human rights abuses and
pressuring governments to improve their human rights records. Its mechanisms like the UPR
and Special Procedures have brought attention to issues and provided platforms for dialogue
and recommendations.
 Challenges: The HRC faces criticism over politicization, where member states with poor
human rights records themselves are elected to the Council, potentially influencing decisions
and shielding them from scrutiny. The effectiveness of its resolutions and recommendations
can also be limited by lack of enforcement mechanisms.

Recent Initiatives

The HRC addresses a wide range of issues, including but not limited to:

 The human rights impact of climate change.

 The rights of women and children.
 The situation of human rights defenders.
 The rights of indigenous peoples.
 Combating racism, racial discrimination, xenophobia, and related intolerance.

The HRC remains a crucial platform for addressing global human rights issues, promoting
international cooperation, and providing a forum for dialogue among nations on human rights.

4. Human Rights Treaty Bodies:

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  Role and Function: These are committees of independent experts that monitor the
implementation of core international human rights treaties by state parties.
 Key Bodies:
o Human Rights Committee (CCPR) for the International Covenant on Civil and Political
Rights (ICCPR).
o Committee on Economic, Social and Cultural Rights (CESCR) for the International
Covenant on Economic, Social and Cultural Rights (ICESCR).
o Committee on the Elimination of Racial Discrimination (CERD) for the International
Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
o Committee on the Elimination of Discrimination Against Women (CEDAW) for the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
o Committee Against Torture (CAT) for the Convention Against Torture (CAT).
o Committee on the Rights of the Child (CRC) for the Convention on the Rights of the Child
(CRC).
o Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families (CMW) for the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families (ICMW).
o Committee on the Rights of Persons with Disabilities (CRPD) for the Convention on the
Rights of Persons with Disabilities (CRPD).
o Committee on Enforced Disappearances (CED) for the International Convention for the
Protection of All Persons from Enforced Disappearance (CPED).
 Enforcement Mechanisms: Reviewing periodic reports submitted by states, issuing
concluding observations and recommendations, considering individual complaints (for some
treaties), and conducting inquiries into systematic violations.

5. Special Procedures of the Human Rights Council:

 Role and Function: These are independent human rights experts with mandates to report and
advice on human rights from a thematic or country-specific perspective.
 Activities: Conducting country visits, issuing reports, sending communications to states
regarding allegations of human rights violations, and raising public awareness.
 Enforcement Mechanisms: Public reports and communications to governments, which can
lead to diplomatic pressure and advocacy for change.

6. Universal Periodic Review (UPR):

 Role and Function: The UPR is a unique process that involves a periodic review of the human
rights records of all 193 UN member states.
 Activities: State reviews conducted every four and a half years, involving reporting by the
state under review, input from UN entities and other stakeholders, and recommendations from
other states.
 Enforcement Mechanisms: Recommendations made during the UPR process, which states are
encouraged to implement, with follow-up reviews to monitor progress.

7. International Criminal Court (ICC):

 Role and Function: The ICC is an independent judicial institution that prosecutes individuals
for international crimes such as genocide, crimes against humanity, and war crimes.
 Activities: Investigating and prosecuting individuals, issuing arrest warrants, and conducting
trials.

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  Enforcement Mechanisms: Legal prosecution and sentencing of individuals found guilty of
international crimes, contributing to ending impunity and delivering justice to victims.

8. International Court of Justice (ICJ):

 Role and Function: The ICJ settles disputes between states and gives advisory opinions on
international legal issues, including human rights matters.
 Activities: Hearing cases brought by states, issuing judgments, and providing advisory
opinions.
 Enforcement Mechanisms: Binding judgments in contentious cases and authoritative
advisory opinions that contribute to the development of international human rights law.

Mechanisms for Enforcement and Monitoring:

1. Reporting and Review Mechanisms:

 States are required to submit periodic reports to various human rights treaty bodies, outlining
their compliance with treaty obligations.
 The UPR process reviews the human rights records of all UN member states and issues
recommendations.

2. Individual Complaints Mechanisms:

 Some human rights treaties have optional protocols that allow individuals to submit
complaints about violations of their rights.
 Treaty bodies can consider these complaints and issue decisions or views on the cases.

3. Inquiries and Investigations:

 Treaty bodies and special procedures can conduct inquiries into systematic or widespread
human rights violations.
 Special rapporteurs and working groups can conduct country visits to investigate human rights
situations.

4. Diplomatic and Public Pressure:

 Public reports, resolutions, and communications can lead to diplomatic pressure on states to
improve their human rights practices.
 Advocacy by UN agencies, non-governmental organizations (NGOs), and civil society can raise
awareness and push for change.

5. Legal Prosecution and Accountability:

 The ICC and ad hoc international tribunals prosecute individuals for serious human rights
violations and international crimes.
 The ICJ can adjudicate disputes between states concerning human rights obligations.

6. Capacity Building and Technical Assistance:

 The OHCHR and other UN bodies provide technical assistance and capacity-building support to
states to help them meet their human rights obligations.

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  Training, education, and advisory services are offered to enhance states' ability to protect and
promote human rights.

Conclusion:

The UN has established a comprehensive system of agencies and mechanisms to monitor compliance
with human rights and enforce international standards. These bodies play a crucial role in promoting
accountability, protecting victims, and ensuring that states uphold their human rights obligations.
While challenges remain in ensuring effective enforcement and protection, the collective efforts of
these agencies and mechanisms contribute significantly to advancing human rights

Meaning and Concept of Human Rights Education

Human Rights Education is all about equipping people with the knowledge, skills and values to
recognize claim and defend their rights. Various Human Rights organizations and representatives
have defined human rights education in their own ways.

Definition

Human rights education can be defined as:

1. Knowledge: Providing comprehensive information about human rights norms, principles, and
standards as articulated in international documents such as the Universal Declaration of
Human Rights (UDHR) and other treaties and conventions.
2. Skills: Developing the skills necessary to apply human rights principles in daily life, including
critical thinking, advocacy, and conflict resolution.
3. Attitudes and Values: Cultivating attitudes and values that support human rights, such as
respect, tolerance, and empathy.

“Education, training and information aimed at building a universal culture of human rights. A
comprehensive education in human rights not only provides knowledge about human rights and the
mechanisms that protect them, but also imparts the skills needed to promote, defend and apply
human rights in daily life. Human rights education fosters the attitudes and behaviours needed to
uphold human rights for all members of society-(United Nations World Programme)

Objectives

1. Empowerment: Empower individuals to understand and assert their rights and to recognize
and respect the rights of others.
2. Promotion of Equality: Foster an understanding of equality and non-discrimination to reduce
prejudices and foster inclusive societies.
3. Advocacy and Action: Encourage active participation in the promotion and protection of
human rights at local, national, and global levels.

Components of Human Rights Education

1. Content:
o History and philosophy of human rights.
o International human rights instruments (e.g., UDHR, ICCPR, ICESCR).
o National and local human rights laws and institutions.
o Contemporary human rights issues and challenges.

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 2. Pedagogical Approaches:
o Participatory Learning: Engaging learners through discussions, debates, role-plays,
and simulations.
o Critical Pedagogy: Encouraging critical thinking about power structures and social
injustices.
o Experiential Learning: Using real-life experiences and case studies to illustrate human
rights issues.
o Interdisciplinary Approach: Integrating human rights education across different
subjects and curricula.
3. Target Groups:
o Formal Education: Incorporating human rights education in school curricula from
primary to tertiary levels.
o Non-Formal Education: Community-based programs, workshops, and training
sessions for various groups including marginalized communities.
o Professional Training: Educating professionals such as law enforcement officers,
judges, social workers, and educators about human rights principles and their
applications.

Importance of Human Rights Education

1. Awareness and Understanding: Raises awareness and understanding of human rights issues
and the mechanisms available for their protection.
2. Prevention of Violations: Educated individuals are more likely to identify, resist, and combat
human rights abuses.
3. Democratic Participation: Fosters active and informed participation in democratic processes
and governance.
4. Social Cohesion: Promotes social cohesion by encouraging respect for diversity and
understanding of different cultures and identities.
5. Sustainable Development: Contributes to sustainable development by ensuring that all
individuals can fully participate in society and enjoy their rights.

In 2011, the General Assembly adopted the United Nations Declaration for Human Rights Education
and Training. It called on countries to implement human rights education in every sector of society.

Global and Local Contexts

Human rights education must be adapted to fit the specific cultural, social, and political contexts of
different regions. Effective HRE respects local traditions and practices while promoting universal
human rights principles.

Challenges in Human Rights Education

1. Resistance and Political Barriers: In some contexts, governments or powerful groups may
resist HRE due to its potential to challenge the status quo.
2. Lack of Resources: Limited funding, materials, and trained educators can hinder the
implementation of effective HRE programs.
3. Cultural Sensitivity: Balancing universal human rights principles with respect for cultural
differences can be challenging.
4. Sustainability: Ensuring that HRE programs are sustained over time and integrated into
mainstream education systems.

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Recent Initiatives and Trends

1. Integration into Curricula: Increasing efforts to integrate human rights education into
national education curricula and teacher training programs.
2. Digital Platforms: Leveraging digital tools and online platforms to reach wider audiences and
provide accessible HRE resources.
3. Focus on Intersectionality: Addressing how various forms of discrimination intersect and
impact human rights.
4. Youth Engagement: Engaging young people as key actors in promoting and protecting human
rights through education and activism.

Human rights education is a vital tool for creating a just and equitable world, equipping individuals
with the knowledge and skills to advocate for their rights and the rights of others. It fosters a culture
of human rights, essential for achieving sustainable peace and development.

Transformation of human rights framework from international to national level

The transformation of the human rights framework from the international to the national level
involves the integration and implementation of international human rights standards and norms into
domestic legal and institutional frameworks. This process ensures that international human rights
obligations are upheld within the context of national legal systems.

With special reference to India, this transformation can be understood through several key aspects:

International Human Rights Framework

Key Instruments

 Universal Declaration of Human Rights (UDHR): Adopted in 1948, it sets out fundamental
human rights to be universally protected.
 International Covenant on Civil and Political Rights (ICCPR): Adopted in 1966, it commits
state parties to respect the civil and political rights of individuals.
 International Covenant on Economic, Social and Cultural Rights (ICESCR): Adopted in
1966, it commits state parties to work toward the granting of economic, social, and cultural
rights.

Mechanisms

 Human Rights Council (HRC): An intergovernmental body responsible for promoting and
protecting human rights around the globe.
 Human Rights Committee (HR Committee): A body of independent experts monitoring the
implementation of the ICCPR.
 Universal Periodic Review (UPR): A process that reviews the human rights records of all UN
member states.

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National Implementation: The Case of India

Constitutional Framework

 Fundamental Rights: Part III of the Indian Constitution enshrines fundamental rights, which
mirror many international human rights standards. These include:
o Right to Equality (Articles 14-18)
o Right to Freedom (Articles 19-22)
o Right against Exploitation (Articles 23-24)
o Right to Freedom of Religion (Articles 25-28)
o Cultural and Educational Rights (Articles 29-30)
o Right to Constitutional Remedies (Article 32)

Legislative Framework

 Protection of Human Rights Act, 1993: Establishes the National Human Rights Commission
(NHRC) and State Human Rights Commissions (SHRCs) to protect and promote human rights.
 Specific Legislation: Various laws have been enacted to protect specific rights, such as:
o Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
o Protection of Women from Domestic Violence Act, 2005
o Right to Information Act, 2005
o The Rights of Persons with Disabilities Act, 2016

Institutional Framework

 National Human Rights Commission (NHRC): An independent body responsible for the
protection and promotion of human rights. It investigates human rights violations, reviews
safeguards provided by laws, and recommends measures for effective implementation.
 Judiciary: The Indian judiciary plays a crucial role in interpreting and enforcing human rights
through landmark judgments and the use of public interest litigation (PIL).

Integration of International Norms

 Treaty Ratification and Compliance: India is a party to various international human rights
treaties, including the ICCPR and ICESCR. The Indian government periodically submits reports
to the relevant treaty bodies and participates in the UPR process.
 Judicial Pronouncements: Indian courts have often referred to international human rights
norms and treaties to interpret domestic laws. For example, in the Vishaka v. State of
Rajasthan case, the Supreme Court used the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) to formulate guidelines on sexual harassment at the
workplace.
 Legislative Actions: Domestic laws have been amended or enacted to align with international
human rights standards. For instance, the Juvenile Justice (Care and Protection of Children)
Act, 2015, aligns with the Convention on the Rights of the Child (CRC).

Challenges and Opportunities

Challenges

 Implementation Gap: There is often a gap between the adoption of laws and their effective
implementation, due to lack of resources, bureaucratic inertia, and other factors.

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  Awareness and Education: There is a need for greater awareness and education about human
rights among the general population and public officials.
 Political Will: Effective implementation of human rights standards requires strong political
will, which can sometimes be lacking.

Opportunities

 Judicial Activism: The proactive role of the judiciary in upholding human rights provides a
significant opportunity to advance human rights protections.
 Civil Society Engagement: NGOs and civil society organizations play a crucial role in
advocating for human rights and holding the government accountable.
 International Cooperation: Continued engagement with international human rights
mechanisms can help improve domestic human rights standards.

LGBTQ+ rights in India

Until the Delhi High Court decriminalised consensual private sexual acts between consenting adults
on 2 July 2009, homosexuality was considered criminal as per interpretations of the ambiguous IPC
Section 377 . Section 377 of the IPC punished non-consensual "unnatural sex" between two adults,
sexual activities against minors, and bestiality. On September 6, 2018, the Supreme Court, however,
decriminalised same-sex relationships between two consenting adults. However, this law was very
rarely enforced. In its ruling decriminalising homosexuality, the Delhi High Court noted that existed
law conflicted with the fundamental rights guaranteed by the Constitution of India, and such
criminalising is volition of Articles 21, 14 and 15 of the Constitution.
On 11 December 2013, homosexuality was again criminalized by a Supreme Court ruling. (Suresh
Kumar Koushal v. Naz Foundation)
On 6 September 2018, a five judge constitutional bench of the Supreme Court of India, in a landmark
judgement (Navtej Singh Johar v. Union of India), decriminalized homosexuality while extending
the ambit of Article 15 to include 'sexual orientation' to prohibit discrimination. This landmark
judgment was widely celebrated as a progressive step towards recognizing LGBTQ+ rights and
equality. The Supreme Court acknowledged the harm caused by criminalization and recognized the
LGBTQ+ community's equal place in society.

Role Of Indian judiciary

The Indian judiciary plays a pivotal role in the protection and promotion of human rights within the
country. It serves as a guardian of the Constitution and a check on the powers of the executive and
legislature, ensuring that human rights are respected, protected, and fulfilled. The judiciary’s
interventions, landmark judgments, and innovative approaches have significantly contributed to the
development and enforcement of human rights in India.

Constitutional Framework

The Constitution of India, adopted in 1950, provides a robust framework for the protection of human
rights. The key provisions include:

 Fundamental Rights (Part III of the Constitution): These include rights such as the right to
equality (Articles 14-18), the right to freedom (Articles 19-22), the right against exploitation

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 (Articles 23-24), the right to freedom of religion (Articles 25-28), cultural and educational
rights (Articles 29-30), and the right to constitutional remedies (Article 32).
 Directive Principles of State Policy (Part IV of the Constitution): These principles, though
non-justiciable, guide the state in formulating policies aimed at ensuring social and economic
justice (Articles 36-51).
 Fundamental Duties (Part IV-A of the Constitution): These duties, introduced by the 42nd
Amendment in 1976, outline the responsibilities of citizens towards the nation and society
(Article 51A).

Judicial Activism and Landmark Judgments

The Indian judiciary, particularly the Supreme Court, has been proactive in interpreting and
expanding the scope of human rights through judicial activism. Some landmark judgments that have
significantly advanced human rights in India include:

1. Maneka Gandhi v. Union of India (1978):

o The Supreme Court broadened the interpretation of the right to life and personal liberty
under Article 21, emphasizing that these rights cannot be deprived except by a
procedure established by law that is just, fair, and reasonable.
2. Vishaka v. State of Rajasthan (1997):
o In the absence of specific legislation to address sexual harassment at the workplace, the
Supreme Court laid down guidelines, known as the Vishaka Guidelines, which were later
codified into the Sexual Harassment of Women at Workplace (Prevention, Prohibition,
and Redressal) Act, 2013.
3. Olga Tellis v. Bombay Municipal Corporation (1985):
o The Supreme Court recognized the right to livelihood as an integral part of the right to
life under Article 21, highlighting the socio-economic dimensions of human rights.
4. K.S. Puttaswamy v. Union of India (2017):
o The Supreme Court declared the right to privacy as a fundamental right under Article
21, affirming its significance in the digital age and its connection to personal liberty.
5. Shayara Bano v. Union of India (2017):
o The Supreme Court struck down the practice of instant triple talaq (talaq-e-biddat) as
unconstitutional, emphasizing the protection of women’s rights and gender equality.
6. Shreya Singhal case:
o The judiciary has also protected the freedom of speech and expression through
landmark judgments such as the Shreya Singhal case (2015), which struck down Section
66A of the Information Technology Act, 2000, which was used to suppress free speech
on the internet.

Public Interest Litigation (PIL)

One of the most significant innovations by the Indian judiciary in promoting human rights has been
the development of Public Interest Litigation (PIL). PIL allows individuals or groups to approach the
courts to seek legal remedies on behalf of those whose rights have been violated but who may not be
in a position to represent them. This has led to judicial interventions in various areas:

 Environmental Protection: PILs have led to the protection of natural resources and improved
environmental regulations (e.g., M.C. Mehta v. Union of India).
 Rights of Marginalized Groups: PILs have addressed the rights of prisoners, bonded
labourers, and other marginalized communities.

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  Social Justice: PILs have been instrumental in securing housing rights, labour rights, and the
right to education.

Mechanisms for Human Rights Protection

The judiciary has established various mechanisms and guidelines to enhance human rights protection:

 Human Rights Commissions: The judiciary has supported the establishment and functioning
of the National Human Rights Commission (NHRC) and State Human Rights Commissions
(SHRCs), which monitor and address human rights violations.
 Fast-Track Courts: Special courts have been set up to expedite cases involving human rights
violations, particularly those related to gender-based violence and child rights.
 Judicial Commissions: The judiciary often constitutes special commissions to investigate
specific human rights issues, such as custodial deaths and police brutality.

Challenges and Criticisms

Despite its proactive role, the Indian judiciary faces several challenges in the realm of human rights
protection:

 Backlog of Cases: The judiciary is burdened with a massive backlog of cases, which delays the
delivery of justice.
 Accessibility: Access to justice remains a challenge for marginalized and economically
disadvantaged groups.
 Enforcement of Judgments: Ensuring the effective implementation of court orders and
judgments remains a significant issue.
 Judicial Overreach: Instances of judicial overreach, where the judiciary is perceived to have
encroached upon the domain of the executive or legislature, have sparked debates about the
balance of power.

Human Rights Commissions

Human Rights Commissions are independent bodies established to promote and protect
human rights at national, regional, or international levels. They play a critical role in ensuring the
implementation of human rights standards, investigating violations, and advocating for improvements
in human rights policies and practices. Here's a comprehensive overview of Human Rights
Commissions, with a special focus on India's National and State Human Rights Commissions.

Key Functions of Human Rights Commissions

1. Promotion of Human Rights: Educating the public about human rights issues and fostering a
culture of respect for human rights through campaigns, workshops, and training.
2. Protection of Human Rights: Investigating complaints of human rights violations and
recommending actions to remedy these violations.
3. Advisory Role: Advising governments on the formulation of policies, laws, and practices that
comply with human rights standards.
4. Monitoring and Reporting: Monitoring the human rights situation and reporting on issues of
concern, often producing annual reports and thematic studies.
5. Collaboration and Advocacy: Working with other human rights organizations, both
governmental and non-governmental, to advocate for the protection and promotion of human
rights.

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International and Regional Human Rights Commissions

 United Nations High Commissioner for Human Rights (OHCHR): Oversees the promotion
and protection of human rights globally and supports the work of other UN human rights
bodies.
 African Commission on Human and Peoples' Rights: Promotes and protects human rights
across the African continent.
 Inter-American Commission on Human Rights: Monitors and reports on human rights in the
Americas.
 European Commission on Human Rights: Plays a role within the Council of Europe to
oversee the implementation of the European Convention on Human Rights.

National Human Rights Commission in India

The National Human Rights Commission or NHRC is a standalone entity of the Government of
India with the mission of promoting and protecting human rights. It is a statutory body mentioned in
the Constitution of India that was established in 1993 under the ‘Protection of Human Rights Act.’ This
act was further amended in 2006.

 Human Rights are an indispensable part of society and Human Rights in India are watched by
NHRC.
 NHRC acts as a watchdog of human rights in the country.
 NHRC looks over the rights that are related to life, dignity, liberty and equality of the individual
that is defined in Section 2(1) of the PHR Act.
 They are guaranteed by the Constitution of India, embodied in the international covenants and
are enforceable by the courts of India as well.
 NHRC was established in compliance with the Paris Principles of Human Rights, 1991 which
were adopted for the promotion and protection of Human Rights and were endorsed by
the United Nations at its General Assembly of 1993

NHRC History:

 In 1948, the UN adopted the UDHR (Universal Declaration of Human Rights).

 In 1991, the Paris Principles were established by the National Human Rights Institutions
(NHRIs).
 In 1993, the UN adopted these Paris Principles at its General Assembly.
 In 1993, India enacted the Protection of Human Rights Act.
 This led to the formation of the National Human Rights Commission (NHRC).
 The Protection of Human Rights Act also allowed state governments to establish the State
Human Rights Commission.

NHRC Composition – Members 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.

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  Four deemed members.

Appointment of NHRC Members:

 A Selection Committee will recommend the candidates to the President.

 The Selection Committee includes:
 Prime Minister (Chairman)
 Speaker of Lok Sabha
 Union Home Minister
 Deputy Chairman of Rajya Sabha
 Leaders of the Opposition in both Houses of the Parliament

State Human Rights Commissions (SHRCs)

Section 21 of the PHRA, 1993 empowers the State government to establish SHRC. The act also
provides the power and function of the commission. It has to similar function as NHRC, but it can deal
with the matters enlisted in the list II and III of the 7th schedule of Indian constitution.
In D.K Basu v. State of West Bengal, the court asked why there is no SHRC in various states even
after 2 decades of the enactment of the PHRA, 1993. SC conspicuously asked how the capital of the
country does not have any HR commission. Court construed the word "may" of section 21 that this
‘may' do not give an option to the state. The word "shall" and "may" does not imply directory or
mandatory in all the cases, but it must be interpreted on the basis of the objective of the section.
Justice T.S Thakur and R Bhanumati directed the State government to constitute SHRC and HRC. SC
elucidated that the state has no option but to comply with the order in 6 months. In the year 2016
Centre deplored SC order by stating that Delhi is not a state but union territory and the law behest the
state to establish the HR commission, not to union territories.

Establishment and Structure:

 Established: SHRCs are established by individual states in India under the PHRA, 1993.
 Structure: Similar to the NHRC, with a Chairperson and members possessing judicial and
human rights expertise.

Mandate and Functions:

 Investigation and Inquiry: SHRCs investigate complaints of human rights violations within
their respective states.
 Recommendations: They can recommend action against violators and relief for victims,
similar to the NHRC.
 Advisory Role: Provide advice to state governments on human rights issues and necessary
legal reforms.
 Human Rights Education: Promote awareness and education on human rights at the state
level.

Recent Activities:

 Addressing local issues like land rights, displacement, and communal violence.

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  Special focus on the rights of indigenous people and marginalized communities in various
states.
 Collaborating with local NGOs and civil society groups to enhance human rights protection.

Challenges and Opportunities for Human Rights Commissions

Challenges

1. Limited Powers: Recommendations of Human Rights Commissions are not binding, which can
limit their effectiveness.
2. Resource Constraints: Many commissions face financial and staffing limitations, impacting
their ability to function effectively.
3. Political Interference: Ensuring independence from political influence can be challenging,
affecting the impartiality of their work.
4. Public Awareness: There is often a lack of awareness among the public about the existence
and role of Human Rights Commissions.

Opportunities

 Strengthening Legislation: Amending laws to give Human Rights Commissions more powers
and resources can enhance their effectiveness.
 Capacity Building: Training and capacity-building programs for commission staff and
members can improve their ability to address human rights issues.
 Increased Collaboration: Working closely with international bodies, civil society, and other
stakeholders can amplify their impact.
 Technological Advancements: Using technology for monitoring, reporting, and educating can
enhance their reach and efficiency.

Role of Advocacy Groups - NGOs, Mass Media

Advocacy groups in the realm of human rights play crucial roles in advancing the protection
and promotion of human rights globally. Human rights are about a person-centred way of working –
making sure that a person’s views, needs and wishes are fully considered. Advocacy similarly strives
to make sure that people are heard and involved in plans for their care and treatment.

The Human Rights Act provides advocates with the legal framework to work together with
public officials to secure a person focused decision-making process, ensuring that rights are
respected, protected and fulfilled. Talking about legally protected human rights can help steer the
discussion away from people’s own “moral compass” and help clarify the issues and find ways to
resolve them.

Advocates can play a vital role in making sure human rights are considered at the very
beginning of a decision-making process rather than once something has gone wrong. By advocating
for a rights-based, person centred approach from the very start, the need for court action (which is
often a long and difficult process to access) can often be avoided.

Non-Governmental Organizations (NGOs) play a pivotal role in promoting and protecting

human rights across the globe. Their activities span a wide range of functions, from advocacy and
education to direct service provision and policy influence.

Advocacy groups, non-governmental organizations (NGOs), and the mass media play pivotal
roles in shaping public policy, influencing social change, and holding powerful entities accountable.

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Each of these entities has distinct but often overlapping functions that contribute to a vibrant civil
society. This essay explores the roles, interactions, and impacts of advocacy groups, NGOs, and mass
media in the contemporary world, highlighting their importance in promoting democracy, human
rights, and social justice.

Advocacy Groups

Definition and Purpose

Advocacy groups, also known as interest groups or pressure groups, are organized collectives
that aim to influence public policy and decision-making to benefit a specific cause or constituency.
These groups operate across various sectors, including environmental protection, human rights,
healthcare, and education. They are integral to a vibrant civil society, often acting as intermediaries
between the public and policymakers.

Functions and Strategies

1. Lobbying

Lobbying is one of the primary strategies employed by advocacy groups. It involves direct
interaction with lawmakers and government officials to influence legislation and policy decisions.
Lobbyists provide expertise, propose legislative changes, and advocate for the interests of their group.
For instance, the American Civil Liberties Union (ACLU) frequently lobbies for civil rights protections
and legislative reforms.

2. Public Campaigns

Public campaigns are essential tools for mobilizing public opinion and applying pressure on
policymakers. These campaigns can include rallies, petitions, social media movements, and public
advertisements. For example, the Black Lives Matter movement uses public demonstrations and
online campaigns to address systemic racism and police brutality.

3. Research and Policy Analysis

Advocacy groups conduct and disseminate research to inform and persuade decision-makers and
the public about specific issues. Through rigorous data collection and analysis, these groups build a
factual basis for their advocacy efforts. Environmental groups like the Natural Resources Defence
Council (NRDC) use scientific research to advocate for policies addressing climate change and
pollution.

4. Legal Action

Legal action involves using the judicial system to challenge laws, regulations, or policies perceived
as unjust or harmful. Groups like the NAACP Legal Defence and Educational Fund have historically
used litigation to advance civil rights and challenge discriminatory practices.

Impact on Public Policy

Advocacy groups play a crucial role in shaping public policy by providing expertise, raising
awareness, and representing marginalized communities. They often introduce new ideas and
perspectives into the policy-making process, ensuring that diverse voices are considered.

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Environmental advocacy groups, for example, have been instrumental in advancing policies related to
climate change, conservation, and renewable energy.

The influence of advocacy groups is evident in various legislative successes. The environmental
movement has seen significant policy victories, such as the Clean Air Act and the Paris Agreement on
climate change. Similarly, advocacy for LGBTQ+ rights has led to landmark legal decisions, including
the legalization of same-sex marriage in many countries.

Challenges

Despite their successes, advocacy groups face several challenges. They often encounter
resistance from powerful interest groups with opposing agendas, such as corporate lobbyists.
Additionally, their influence can be limited by a lack of resources, media coverage, or public support.
Balancing the need for funding with maintaining independence and credibility is also a persistent
challenge.

Advocacy groups must navigate the complexities of political and social environments. For
instance, they may face legal restrictions or governmental pushback in countries with repressive
regimes. Moreover, the rise of misinformation and fake news can undermine their efforts, making it
difficult to convey accurate information and garner public support.

Non-Governmental Organizations (NGOs)

Definition and Purpose

NGOs are private, non-profit organizations that operate independently of government control.
They are dedicated to addressing various social, political, and environmental issues through advocacy,
service delivery, and capacity building. NGOs play a vital role in filling the gaps left by governments
and the private sector, providing essential services and support to vulnerable populations.

Types and Functions

1. Operational NGOs

Operational NGOs primarily focus on the implementation of development projects, such as

building schools, providing healthcare, and delivering emergency aid. Examples include Oxfam and
Médecins Sans Frontières (Doctors without Borders). These organizations address immediate needs
and contribute to long-term development goals.

2. Advocacy NGOs

Advocacy NGOs concentrate on influencing public policy and raising awareness about specific
issues. Human Rights Watch and Amnesty International, for example, document human rights abuses
and advocate for legal and policy reforms to protect human rights globally.

3. Hybrid NGOs

Some NGOs engage in both operational and advocacy activities. Save the Children, for instance,
provides direct services while also advocating for children's rights and welfare. This dual approach
allows them to address immediate needs while working towards systemic change.

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Role in Society

NGOs contribute to the democratization process by promoting transparency, accountability,

and citizen participation. They often operate in areas where state services are inadequate or non-
existent, providing essential services and support to vulnerable populations. For instance, NGOs
working in conflict zones often provide humanitarian aid and support to displaced populations, filling
critical gaps in state and international responses.

In addition to service delivery, NGOs play a significant role in capacity building. They work to
strengthen the capabilities of local communities and organizations, enabling them to address their
own needs and advocate for their rights. For example, development NGOs often provides training and
resources to local farmers to improve agricultural practices and enhance food security.

Challenges

NGOs face numerous challenges, including financial constraints, political interference, and
security risks, especially in conflict zones. Ensuring sustainability and impact in their interventions is
a constant struggle. Moreover, NGOs must navigate complex relationships with governments, donors,
and beneficiaries while maintaining their independence and credibility.

Financial stability is a major concern for many NGOs. Reliance on donor funding can create
uncertainties and affect the sustainability of projects. Additionally, NGOs often face bureaucratic
hurdles and regulatory restrictions that can impede their operations. In some regions, NGOs are
viewed with suspicion or hostility, leading to governmental crackdowns and restrictions on their
activities.

Case laws

 Vishaka v. State of Rajasthan (1997): The Supreme Court laid down guidelines for preventing
sexual harassment at the workplace, known as the "Vishaka Guidelines." These guidelines
served as a legal framework until the enactment of The Sexual Harassment of Women at
Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This case highlighted the
role of NGOs in shaping workplace policies and safeguarding women’s rights. NGOs continue to
use these guidelines to advocate for safer workplaces for women across India.
 PUCL v. State of Maharashtra (2014): Filed against extrajudicial killings (fake encounters) by
the police, resulting in the Supreme Court establishing guidelines for accountability.
 PUCL v. Union of India (2003): Challenging the misuse of phone tapping by the government,
leading to the Supreme Court issuing guidelines for the lawful interception of communications.
 Naz Foundation v. Government of NCT of Delhi (2009): The Delhi High Court initially
decriminalized homosexuality, a decision later upheld by the Supreme Court in 2018 in Navtej
Singh Johar v. Union of India. Naz Foundation’s legal challenge catalyzed a movement for
LGBTQ+ rights in India, demonstrating how NGOs can impact social change through judicial
advocacy.

Mass Media

Definition and Role

The mass media, encompassing print, broadcast, and digital platforms, plays a critical role in
disseminating information, shaping public opinion, and acting as a watchdog over those in power. The
media's ability to reach large audiences makes it a powerful tool for advocacy and social change.

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Functions and Influence

1. Informing the Public

One of the primary functions of the mass media is to provide news and information about current
events, policies, and social issues. By reporting on various topics, the media helps the public stay
informed and make educated decisions. For instance, during elections, media coverage of candidates
and their platforms is crucial for voter education.

2. Shaping Public Opinion

The media influences public attitudes and perceptions through editorial content, framing, and
agenda-setting. How issues are presented can significantly impact public opinion and policy priorities.
For example, media coverage of climate change has played a crucial role in raising awareness and
influencing public attitudes towards environmental policies.

3. Watchdog Role

The media acts as a watchdog by investigating and exposing wrongdoing, corruption, and abuses
of power by government officials, corporations, and other entities. Investigative journalism is
essential for holding powerful interests accountable and promoting transparency. The Watergate
scandal, uncovered by journalists Bob Woodward and Carl Bernstein, is a notable example of the
media's watchdog function leading to significant political consequences.

4. Platform for Debate

The media provides a platform for public discourse and debate on important issues. By offering
diverse voices and perspectives, the media facilitates democratic dialogue and helps society address
complex issues. Talk shows, opinion columns, and online forums are examples of how the media
fosters public debate.

Impact on Society

The mass media can drive social change by raising awareness about critical issues and
mobilizing public action. For example, investigative journalism has played a key role in uncovering
scandals and prompting reforms. The #MeToo movement, which gained momentum through media
reports on sexual harassment and assault, demonstrates the power of the media in amplifying
advocacy efforts and prompting societal change.

The media also contributes to the accountability and transparency of institutions by

scrutinizing their actions and decisions. In democratic societies, a free and independent press is
considered essential for the functioning of democracy. By providing accurate and timely information,
the media enables citizens to make informed decisions and hold their leaders accountable.

Challenges

Despite its significant influence, the mass media faces several challenges. Media ownership
concentration and commercial pressures can undermine journalistic independence and lead to biased
or superficial reporting. The rise of digital media and the proliferation of misinformation and fake
news pose significant threats to the credibility and reliability of information. Journalists also face

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risks, including harassment, threats, and violence, especially when reporting on sensitive issues or in
repressive regimes.

The business model of traditional media is also under strain, with declining revenues from
print advertising and sales. This financial pressure can lead to cost-cutting measures that affect the
quality of journalism. Additionally, the spread of misinformation and the rise of "echo chambers" on
social media platforms challenge the media's role as a trusted source of information.

Interactions and Synergies

Advocacy groups, NGOs, and the mass media often work together to amplify their impact and
achieve common goals. Their interactions can create synergies that enhance their effectiveness in
promoting social change and holding power to account.

Collaboration

1. Joint Campaigns

Advocacy groups and NGOs frequently partner with media organizations to launch public
awareness campaigns on issues like human rights, environmental protection, and public health. These
campaigns leverage the reach and influence of the media to mobilize public support and pressure
policymakers. For instance, the global campaign to end child labour has seen extensive collaboration
between NGOs like the International Labour Organization (ILO), advocacy groups, and the mass
media.

2. Information Sharing

NGOs and advocacy groups provide valuable data, research, and expertise to journalists,
enabling them to produce informed and accurate reporting. This collaboration ensures that complex
issues are presented clearly and factually to the public. Environmental NGOs, for example, often share
scientific research with journalists to highlight the impacts of climate change and advocate for policy
changes.

3. Media Advocacy

NGOs and advocacy groups use media platforms to reach wider audiences, disseminate
information, and mobilize support for their causes. By engaging with the media, these organizations
can amplify their messages and raise awareness about critical issues. The global campaign against
single-use plastics gained significant traction due to the combined efforts of environmental NGOs,
advocacy groups, and extensive media coverage.

Challenges of Collaboration

While collaboration can be beneficial, it also presents challenges. Differences in objectives,

strategies, and operational cultures can create tensions and hinder effective cooperation. Additionally,
the influence of powerful media corporations can sometimes skew the focus and narrative of
advocacy efforts. Ensuring that collaborations remain focused on the underlying issues rather than
being driven by media agendas is crucial.

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Case Studies

1. The Environmental Movement

The environmental movement exemplifies the collaboration between advocacy groups, NGOs, and
the mass media in driving social change. Organizations like Greenpeace, the World Wildlife Fund
(WWF), and the Environmental Defence Fund (EDF) have worked alongside media outlets to highlight
issues such as climate change, deforestation, and pollution.

Through high-profile campaigns, scientific research, and strategic media engagement, these
organizations have succeeded in bringing environmental issues to the forefront of public
consciousness and influencing policy changes. For example, the global campaign against single-use
plastics gained significant traction due to the combined efforts of environmental NGOs, advocacy
groups, and extensive media coverage.

2. Greenpeace

Greenpeace is a prominent environmental NGO known for its direct-action campaigns and advocacy
work. The organization has successfully used media to draw attention to environmental issues, often
through dramatic and visually impactful actions. Greenpeace's campaigns against whaling,
deforestation, and pollution have received widespread media coverage, raising public awareness and
pressuring governments and corporations to take action.

3. The World Wildlife Fund (WWF)

The WWF focuses on conservation and environmental protection through a combination of research,
advocacy, and on-the-ground projects. The organization collaborates with media outlets to highlight
critical issues such as species extinction, habitat loss, and climate change. Through documentaries,

4. The Anti-Apartheid Movement

The global movement against apartheid in South Africa saw significant collaboration between
advocacy groups, NGOs, and the mass media. International media coverage of the brutality of the
apartheid regime, combined with advocacy efforts by groups like the African National Congress (ANC)
and NGOs, played a crucial role in mobilizing global public opinion and pressuring governments to
impose sanctions on South Africa.

5. The #MeToo Movement

The #MeToo movement, which highlights sexual harassment and assault, gained momentum
through extensive media coverage of high-profile cases. Advocacy groups and NGOs working on
gender equality and women's rights partnered with media organizations to raise awareness and push
for legal and policy reforms to protect survivors of sexual violence.

6. Jessica Lal Murder Case (2006)

Jessica Lal was murdered in 1999 by a politician’s son in a public bar, and witnesses initially
refused to testify against the accused. However, media coverage and a subsequent public outcry
prompted a retrial. The High Court of Delhi convicted the accused, reversing the initial acquittal. The
case demonstrated the power of media advocacy in securing justice, especially when there are

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shortcomings in the judicial process. It led to public debates on the influence of power and money in
obstructing justice.

7. Nirbhaya Case (2012)

The brutal gang rape of a young woman in Delhi in 2012 garnered massive media coverage, resulting
in national and international outrage. Media coverage led to large-scale public protests, the
formation of the Justice Verma Committee to suggest amendments in criminal law, and eventually,
the passing of stricter laws on sexual assault and harassment. The case underscored the role of
media in galvanizing public opinion and catalyzing legislative reforms, illustrating the impact of
sustained coverage on legal and policy outcomes.

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 Unit IV
Meaning and Concept of Vulnerable and disadvantaged Human Rights of
Socially Excluded (Brief Idea may be given about each)
- Human Rights of Children with special emphasis to Convention on the
Rights of the Child 1989
-Human Rights of Indigenous People with special reference to Declaration
on the Rights of Indigenous People to
-Human Rights of Disabled with special focus on UN Convention on Persons
with Disabilities
- United Nations Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities.

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Meaning and Concept of Vulnerable and disadvantaged Human Rights of Socially
Excluded
Human rights, recognized globally as universal and inalienable, face significant challenges
when it comes to vulnerable and disadvantaged groups. These populations often experience social
exclusion, which exacerbates their marginalization and impedes their access to fundamental rights.
This paper delves into the meaning and concept of human rights for vulnerable and disadvantaged
groups, focusing particularly on those who are socially excluded. By examining legal frameworks,
social dynamics, and case studies, this study aims to provide a comprehensive understanding of the
barriers these groups face and the measures required to ensure their full participation in society.

MEANING OF VULNERABLE GROUPS

The meaning of vulnerable is highly evasive. However, in common understanding, people who
are easily susceptible to physical or emotional injury, or subject to unnecessary criticism, or in a less
advantageous position in any society may be defined as vulnerable people. Accordingly, vulnerable
groups are those groups of people who may find it difficult to lead a comfortable life, and lack
developmental opportunities due to their disadvantageous position. Further, due to adverse socio-
economic, cultural, and other practices present in each society, they find it difficult many a times to
exercise their human rights fully. In the language of human rights vulnerable groups may be defined
as, certain groups of population who often encounter discriminatory treatment, or need some kind of
special attention for protection of the State to avoid exploitation or from a harmful environment.
People who are discriminated based on sex, race, by birth in a particular community, religious or
disability or any other criteria that is specific to each society may generally described as
disadvantaged people. According to European Foundation for the improvement of living Working
Conditions, vulnerable people mean: “Groups that experience a higher risk of poverty and social
exclusion than the general population, ethnic minorities, migrants, disabled people, the homeless,
those struggling with substance abuse, isolated elderly people and children all often face difficulties
that can lead to further social exclusion, such as low levels of education and unemployment or
underemployment.”

MEANING OF DISADVANTAGED GROUPS

According to the general perspective of International Law of Human Rights, disadvantaged

groups are the people who are denied free access to the guaranteed rights. Based on the socio,
economic, cultural perspectives, the classification of these groups vary from country to country. In
general, women, children, socially, economically, culturally deprived sections, disabled, minorities etc.
form part of disadvantaged groups. Poverty is the main contributing factor towards degradation of the
status of these people that are classified as disadvantaged groups.1 The above definitions are only
illustrative in nature. Despite the commitment of international law of human rights towards the
promotion and protection of rights of these groups, there is no agreed standard definition, concept, or
standard classification of list of people who are to be classified as vulnerable and disadvantaged
groups.

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CONCEPT OF VULNERABLE AND DISADVANTAGED GROUPS

The concept of vulnerable and disadvantaged groups is as old as human history. From ancient
to modern times in every society, number of instances could be found where in a section of people in
each society are given a different kind of treatment. In general, the discrimination often based on
humiliation, harassment, intimidation, through social, political, economic, customary, and cultural
factors. The idea behind such practices is to keep away such people from the forefront of the social
activities and deprive them of their life and liberty. Further, keeping them aloof, depriving their
economic, intellectual capacities to sub serves the needs of the rich and dominant people of a society.

Discrimination normally constitutes two types. One is direct discrimination, and the other is indirect
discrimination.

Direct Discrimination: Any person or groups of people treated less favourably, and easily exposed to
societal risk. In this process, many a times, these people encounter difficulties in exercising their legal
rights freely as guaranteed by both international law of human rights and by the constitution of a
country.

Indirect Discrimination: Any practice employed intentionally or unintentionally which exposes

people of a particular category to specific disadvantageous situation compared with others, unless it is
objectively justified by a legitimate aim and the means of achieving that aim are appropriate.

In both the aspects, harassment is the common factor. This is because of segregation of specific
group of people with an aim to deprive their dignity in order to create an intimidating, hostile,
degrading, humiliating, or offensive environment in every moment of their life.

The economic factor contributes for the cause of vulnerability of people. However, it cannot
include other aspects of discrimination based on gender, disability, social, cultural, customary, caste
and other types of discriminatory practices that are prevalent in each society. Apparently, an
economic criterion alone projects a narrow outlook in the determination of vulnerable and
disadvantaged groups. In order to measure the vulnerability and backwardness in a holistic
perspective, it has to be evaluated from social availability of resources along with consumption,
health, conventional traditions, practices that are followed in each society. This type of criteria
adopted in each society could alone provide a viable classification of vulnerable and disadvantaged
groups.

In order to halt such practices and to wipe out the miseries of groups of such unfavourable
alienated people around the World, the international community of nation-states adopted a number of
documents in tune with international law of human rights to extend protection to everyone without
any kind of discrimination whatsoever.

Human rights place duties on the individuals, and states to eradicate all types of discriminatory
practices that are adopted towards those people who are weak, oppressed on any count. However,
due to poverty and other social, cultural barricades that exist in each society, there are millions of
people not able to enjoy their basic rights, equally with that of progressive sections. Apart from the
individual, social, and customary practices followed in each society, the politics and policies of nation-
states also contribute largely, for the vulnerability of large number of people around the World.

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 In view of the existence of large number of vulnerable and disadvantaged people, International
Law of Human Rights extends special considerations for the promotion and protection of their rights
and works towards eradication of discriminations. Accordingly, the United Nations has adopted a
number of Declarations, Conventions, and Covenants to uplift the rights of these people. It also
established special commissions and organizations to deal with the rights of such people whose rights
are at jeopardy.

Due to lack of an acceptable definition, many a times, the UN bodies work on ad-hoc basis to
augment the rights of disadvantaged people. The United Nations and its other bodies including the
Human Rights Council regularly adopt a number of guidelines for implementation by the states in
their efforts to curb the threats against the disadvantaged people.

Social Exclusion: This refers to the process through which individuals or groups are systematically
blocked from various rights, opportunities, and resources that are normally available to members of
society and which are essential for social integration. These resources can include housing,
employment, healthcare, civic engagement, democratic participation, and due process.

Human Rights Context

Human Rights: These are rights inherent to all human beings, regardless of nationality, sex, ethnicity,
religion, language, or any other status. These rights are interrelated, interdependent, and indivisible.
Universal human rights are often expressed and guaranteed by law, in the forms of treaties,
customary international law, general principles, and other sources of international law.

Vulnerable Groups and Human Rights: Human rights frameworks recognize the need to pay special
attention to the protection of vulnerable and disadvantaged groups. This includes targeted measures
to ensure that they enjoy the same rights and opportunities as others. For instance, the United Nations
Convention on the Rights of Persons with Disabilities (CRPD) aims to promote, protect, and ensure the
full and equal enjoyment of all human rights by persons with disabilities.

Challenges Faced by Socially Excluded Groups

1. Discrimination: This can be based on race, gender, disability, sexual orientation, etc., and
often leads to unequal treatment in various spheres such as employment, education, and
healthcare.
2. Economic Disparities: Exclusion from economic opportunities often results in poverty and
lack of access to basic necessities.
3. Limited Access to Education and Healthcare: Socially excluded groups frequently have
lower levels of education and poorer health outcomes, which perpetuates the cycle of
exclusion.
4. Political Marginalization: These groups are often underrepresented in political processes,
limiting their ability to influence policies that affect their lives.

International Frameworks and Instruments

1. Universal Declaration of Human Rights (UDHR): Adopted by the UN General Assembly in

1948, it sets out, for the first time, fundamental human rights to be universally protected.
2. International Covenant on Civil and Political Rights (ICCPR) and International Covenant
on Economic, Social and Cultural Rights (ICESCR): These are treaties that expand on the
rights listed in the UDHR and are legally binding for countries that ratify them.

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 3. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):
Focuses on eliminating discrimination against women.
4. Convention on the Rights of the Child (CRC): Ensures children's rights are protected.
5. Convention on the Rights of Persons with Disabilities (CRPD): Protects the rights and
dignity of persons with disabilities.

National and Local Measures

Many countries have enacted laws and policies aimed at protecting the rights of socially
excluded groups. These can include anti-discrimination laws, affirmative action policies, social welfare
programs, and efforts to improve access to education and healthcare.

Various Vulnerable Sections of the Society

(I) Children

Children form a very vulnerable part of the human societies. They deserve to be valued, nurtured,
and have their rights protected by responsible adults. It is incumbent upon every human being to
protect and nurture his biological children. The world shall be a better place depending on how
children are treated today. Therefore, own selfish interests, it is advisable to wake up to the plight
of vast number of children living in poverty, where they are denied their basic right to live as
human beings. So pathetic is the condition of the world children that the UN has formulated The
Convention on the Rights of the Child (CRC), in order to awaken slumbering nations to prevent the
waste of their most valuable natural resource.
India has more working children than any other nation. Despite Constitutional guarantee of civil
rights, children face discrimination on the basis of caste, religion and ethnicity. Even the basic need
for birth registration that will assure them nationality and identity remain unaddressed, affecting
children's right to basic services. Everyday news of children dying of starvation, dipping sex ratio,
child marriage, child trafficking, child abuse, etc. is very common. Violations of children's rights are
not limited to poor and downtrodden only. They happen in middle class and elite homes also,
though in different forms. Girls in vulnerable situations such as poverty, disability, homelessness
etc. find themselves doubly disadvantaged, by their gender and the physical, economic, political,
social situation that they find themselves in. It is therefore imperative to take a gender perspective
into account in examining the situation of children. Some other examples of violations of children's
rights are pre-natal diagnostic techniques to determine the sex, illegal sale of babies, imposition of
corporal punishment on the child, children as victims of crimes – sexual abuse, bonded labour, child
labour, child prostitution, use by criminal gangs, juveniles, etc. Various legislations like Juvenile
Justice (Care and Protection of Children) Act, 2000, Immoral Traffic (Prevention) Act, 1956, Child
Marriage Restraint Act, 1929, etc. have been made in addition to the Protection of Human Rights
Act, 1993, to deal with specific issues.

(II) Scheduled Castes & Scheduled Tribes

The concept of secularism is one facet of right of equality. Secularism is the basic feature of the
Indian Constitution. It envisages a cohesive, unified and classless society. The aim of any civilized
society is to secure dignity to every individual. There cannot be dignity without equality of status
and opportunity. The absence of equal opportunities in any walk of social life is a denial of equal

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 status and equal participation in the affairs of the society. The condition of scheduled castes and
scheduled tribes was very bad in the society. The Scheduled castes (lower castes) remained
economically dependent, politically powerless and culturally subjugated to the upper caste. The
Scheduled Tribes like the Scheduled Castes face structural discrimination within the Indian society.
Unlike the Scheduled Castes, the Scheduled Tribes are a product of marginalization based on
ethnicity. Their birth-right was the badge of shame; degradation; lifelong poverty; and their only
fault was to be born to their parents. In India, the population of Scheduled Tribes is around 8 million
and they are socially and economically disadvantaged. They are mainly landless with little control
over resources such as land, forest and water. They constitute a large proportion of agricultural
labourers, casual labourers, plantation labourers, industrial labourers, etc. This has resulted in
poverty among them, low level of education and reduced access to health care services. Initially as
according to the hierarchy followed in the society, the work of the lowest caste in the society was to
eliminate the pollution from the society. This caste was economically dependent on the upper caste
for existence.

One sixth of India's population live a precarious existence, shunned by much of Indian society
because of their rank as 'untouchables' or Dalits – literary meaning – broken people – at the bottom
of the Indian caste system. Dalits are discriminated against, denied access to land and basic
resources forced to work in degrading conditions and routinely abused at the hands of police and
dominant caste groups that enjoy state protection. In the case of Janki Prasad Parimoo v. State of
Jammu and Kashmir it was held that – "Article 15(4) speaks about 'socially and educationally
backward classes of citizens', while Article 16(4) speaks only of 'any backward class of citizens'.
However, it is now settled that the expression 'backward class of citizens' in Article 16(4) means the
same thing as the expression 'any socially and educationally backward classes of citizens' in Article
15(4)."
When the Constitution of India was adopted in the year 1950, under the influence of Dr.
B.R.Ambedkar, it departed from the norms and values of the caste system in favour of Justice,
Liberty, Equality and Fraternity guaranteeing all citizens the basic human rights regardless of caste,
creed, race or ethnicity. The implementation and enforcement of these principles has however been
a dismal failure. Various legislations and rules like Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 have also been passed.

(III) Women

Women face double discrimination being members of specific caste, class or ethnic group apart from
experiencing gendered vulnerabilities. Women have low status as compared to men in the Indian
society. They have little control over the resources and important decisions related to their lives. In
India, early marriage and childbearing affects the health of the women adversely. Also, maternal
mortality rate is very high. During infancy and growing years a girl child faces different forms of
violence like infanticide, neglect of nutrition needs, education and healthcare. As adults they face
violence due to unwanted pregnancies, domestic violence, sexual abuse at the workplace and sexual
violence including marital rape and honour killings. The experience of violence and its impact on
health varies according to the women's caste, class and ethnic identity. Women have always been
exploited by the patriarchal society. Even after more than 50 years of our independence, Indian
woman wear a pathetic look. They face an atmosphere of debilitating violence.

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 (IV) Refugees

Refugees means, persons who migrate from their country to another country to seek temporary
shelter; due to adverse events such as famine, persecution, religious intolerance, racial discrimination
or any other reason. Such people are unable to exercise freely all the human rights guaranteed in their
own country or in a foreign territory wherein they reside temporarily.

According to the United Nations Convention on the Refugees 1951, as defined (in Article 1A) a refugee
means:
“Any person who, owing to well-founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or political opinion, is outside the country of his
nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that
country; or who, not having a nationality and being outside the country of his former habitual
residence, is unable or, owing to such fear, is unwilling to return to it.”

(V) HIV Positive Persons/AIDS patients

The people those who are afflicted by this most dreaded disease are another kind of persons
who are discriminated on many counts in enjoying their basic rights around the World. According to
UN official agency UNAIDS there are about 34 million people living in the World affected by HIV/AIDS.
The UN works and adopts different strategies through its various organs and with the nation-states to
augment the rights of these people who are many times, denied human treatment by fellow citizens,
family members and even at hospitals.

(VI) Other Vulnerable Sections

In India, the growing number of elderly is a matter of serious concern for government as well as policy
planners. The vulnerability among the elderly is not only due to an increased incidence of illness and
disability, but also due to their economic dependency upon their spouses, children and other younger
family members. Vulnerability among the elderly also depends on their living arrangement since the
elderly are less capable of taking care of them compared to younger persons and need the care and
support of others in several aspects. Disability poses greater challenges in obtaining the needed range
of services. Persons with disabilities face several forms of discrimination and have reduced access to
education, employment and other socioeconomic opportunities. Mental illness is a prominent form of
disability.

Human Rights of Children with special emphasis to Convention on the Rights of

the Child 1989
The human rights of children, particularly under the Convention on the Rights of the Child
(CRC) of 1989, are a critical focus in international law. The CRC is a comprehensive human rights
treaty that enshrines specific rights for children and sets standards for the treatment and welfare of
children worldwide. Children's rights are an essential aspect of human rights, requiring specific
attention and protection due to children's vulnerability and developmental needs. The Convention on
the Rights of the Child (CRC) 1989 stands as a landmark treaty dedicated to the rights and well-being
of children worldwide. This paper explores the human rights of children, focusing on the provisions

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and impact of the CRC. By examining its principles, implementation, and challenges, this study aims to
provide a comprehensive understanding of the CRC's role in promoting and safeguarding children's
rights.

The Convention on the Rights of the Child (CRC) is the most universally accepted human rights
instrument, ratified by every country in the world except two. The Convention incorporates the full
range of human rights - civil, political, economic, social and cultural rights - of children into one single
document. The Convention was adopted by the UN General Assembly on 20 November 1989 and
entered into force in September 1990.

India ratified the convention in 1992 agreeing in principle, all articles except with certain reservations
on issues relating to child labour. In India, there is a law that children under the age of 18 should not
work, but there is no outright ban on child labour, and the practice is generally permitted in most
industries except those deemed hazardous.

The first time in modern history children’s rights was given importance was when the League of
Nations adopted the Geneva Declaration on the Rights of the Child in 1924. This was drafted by the
Eglantyne Jebb, who founded the Save the Children Fund.

 UNICEF was founded in 1946.

 The Universal Declaration of Human Rights passed in 1948 by the UNGA in which an article
mentions mothers and children.
 The Declaration of the Rights of the Child adopted by the UNGA in 1959.
 The ILO adopts a convention that sets out 18 as the minimum age for people to undertake
hazardous work.
 The Declaration on the Protection of Women and Children in Emergency and Armed Conflict
adopted in 1974.
 The UNGA declares 1979 as the International Year of the Child.
 In 1989, the UNCRC is adopted.
 CRC enters into force in 1990.
 As of 2015, all members have ratified the convention excepting for the US.
The Convention outlines in 41 articles the human rights to be respected and protected for every child
under the age of eighteen years.

Article 1

Definition of child as “every human being below the age of eighteen years”, unless the national law
considers majority attained at an earlier age.

Article 2

The rights safeguarded in the Convention shall be ensured without any discrimination of any kind.

Article 3

In all actions concerning children the best interest of the child shall be of primary consideration.

Article 5

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The state shall respect the responsibility, rights and duties of the parents or extended family.

Article 6

Every child has the inherent right to life

Article 7

The child has the right to a name, to acquire a nationality and to know and be cared for by its parents

Article 8

The child has the right to identity and nationality.

Article 9

The child has the right not to be separated from its parents, except in its best interests and by a
judicial procedure.

Article 12

The child has the right to express views on all matters affecting him/her and the child’s views should
be given due weight.

Article 13

The child has the right to freedom of expression, including the right to seek, receive and impart
information and ideas of all kind.

Article 14

The right of the child to freedom of thought, conscience and religion shall be respected.

Article 15

The child has the right to freedom of association and peaceful assembly.

Article 16

No child shall be subjected to arbitrary or unlawful interference with his/her privacy, family, home or
correspondence; the child should be protected from unlawful attacks on his/her honour and
reputation.

Article 17

The State shall ensure the right of the child to access to information and material from national and
international sources

Article 18

Parents have the prime responsibility for the upbringing and development of the child.

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Article 19

The State shall take all legislative, administrative, social and educational measures for the protection
of the child from all forms of physical or mental violence, injury, abuse, neglect, maltreatment or
exploitation.

Article 24

The child has the right to the highest attainable standard of health care, with emphasis on primary
health care, the development of preventive health care.

Article 26

The child has the right to benefit from social security.

Article 27

The child has the right to a standard of living which will allow physical, mental, spiritual, moral and
social development.

Articles 28 and 29

The child has the right to education. The State shall make primary education compulsory and available
and free to all and encourage the development of different forms of secondary education, make them
available to every child. School discipline shall be administered in a manner consistent with the child’s
dignity. Education should be directed to the development of the child’s personality, talents and
abilities, the respect for human rights and fundamental freedoms, responsible life in a free society in
the spirit of peace, friendship, understanding, tolerance and equality, the development of respect for
the natural environment.

Article 30

The child has the right to enjoy his/her own culture.

Article 31

The child has the right to rest and leisure, to play and freely participate in cultural life and the arts.

Article 32

The child shall be protected from economic exploitation and from performing work that is hazardous
to his/her life and development.

Article 33

The child shall be protected from illicit use of narcotic drugs.

Article 34

The child shall be protected from all forms of sexual exploitation and sexual abuse, the use of children
in prostitution or other unlawful sexual practices, in pornographic performances and materials.

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Article 38

The State shall take all feasible measures to protect and care for children affected by armed conflict.

Article 40 and Article 37

Every child accused of having committed an offence or crime should be guaranteed to be presumed
innocent until proven guilty, to have legal assistance in presenting his/her case, not to be compelled to
give testimony or to confess guilt, to have his/her privacy fully respected, to be dealt with in a manner
appropriate to their age, circumstances and well-being. Neither capital punishment nor life
imprisonment without possibility of release shall be imposed for offences committed by children
below the age of 18.
Human Rights of Indigenous People with special reference to Declaration on the
Rights of Indigenous People
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the
General Assembly on Thursday, 13 September 2007.

The Declaration is the most comprehensive international instrument on the rights of Indigenous
peoples.

It establishes a universal framework of minimum standards for the survival, dignity and well-being of
the Indigenous peoples of the world and it elaborates on existing human rights standards and
fundamental freedoms as they apply to Indigenous peoples.

The Declaration is particularly significant because Indigenous peoples, including Aboriginal and
Torres Strait Islander peoples, were involved in its drafting.

The term ‘Indigenous Peoples’ is used in documents including the UN Declaration on the Rights of
Indigenous Peoples. This is because, under international human rights law, the word ‘peoples’ carries
important legal significance when asserting the right to self-determination.

The UN now uses the capitalized ‘Indigenous Peoples’ in response to demands from Indigenous
representatives. It’s intended to act as recognition of their status as peoples in international law and
the right to self-determination.

Other terms such as ‘communities’, ‘groups’ and ‘minorities’ are often used interchangeably with
‘Indigenous Peoples’. However, these alternatives must be used cautiously. State authorities may use
alternative terms to deliberately deny or undermine the right to self-determination that the term
‘Indigenous Peoples’ confers. Alternative terms should only be used if the people in question use the
term themselves.

Aboriginal, First Nation, Native American or Adivasi may be the preferred umbrella terms used in
some regions or contexts. When referring to a specific Indigenous People, it is most often best to use
the name of that people.

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The human rights of indigenous peoples are a crucial and often overlooked aspect of global human
rights. Indigenous peoples are distinct cultural communities with unique languages, traditions, and
ways of life that have often been marginalized or oppressed by dominant societies. Recognizing and
protecting their human rights is essential for promoting justice, equality, and respect for diversity.

Indigenous Peoples can be identified according to certain characteristics:

 Most importantly, they self-identify as Indigenous Peoples.

 They share an ancestral link with those who inhabited a country or region before they were
colonized or before other peoples became dominant.
 They have a strong link to particular territories and the surrounding natural resources.
 They have distinct social, economic or political systems, which they are resolved to maintain and
reproduce.
 They have a distinct language, culture and beliefs.
 They are politically and socially marginalized.

Some key human rights issues faced by indigenous peoples include:

1. Land rights: Many indigenous communities have ancestral lands that they rely on for their
livelihoods and cultural practices. However, these lands are often threatened by development
projects, resource extraction, or government policies that prioritize economic interests over
indigenous rights.
2. Right to self-determination: Indigenous peoples have the right to determine their own
political status and freely pursue their economic, social, and cultural development. This
includes the right to participate in decision-making processes that affect their communities.
3. Cultural rights: Indigenous cultures are rich and diverse, but they are also vulnerable to
assimilation, discrimination, and exploitation. Protecting indigenous languages, traditions, and
knowledge systems is essential for preserving cultural diversity and promoting indigenous
identity.
4. Right to education: Indigenous children often face barriers to accessing quality education that
respects their cultural heritage and language. Governments have a responsibility to ensure that
indigenous peoples have equal access to education that meets their needs and respects their
rights.
5. Right to health: Indigenous communities often face disproportionate health disparities,
including higher rates of infectious diseases, malnutrition, and maternal mortality. Ensuring
access to culturally appropriate healthcare services is essential for addressing these disparities
and promoting the health and well-being of indigenous peoples.
6. Right to Language and Identity: Indigenous peoples have the right to revitalize, use, develop,
and transmit to future generations their languages, oral traditions, writing systems, and
literatures.
7. Right to Land and Resources: Indigenous peoples have the right to own, use, develop, and
control the lands, territories, and resources that they possess by reason of traditional
ownership or other traditional occupation or use.
8. Right to Free, Prior, and Informed Consent (FPIC): Indigenous peoples have the right to give
or withhold their free, prior, and informed consent to actions that may affect them or their
territories.

International instruments such as the United Nations Declaration on the Rights of Indigenous Peoples
(UNDRIP) provide a framework for protecting and promoting the human rights of indigenous peoples.
However, meaningful implementation of these rights requires political will, collaboration between

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indigenous communities and governments, and a commitment to addressing the underlying
inequalities and injustices that perpetuate indigenous marginalization.

“We Indigenous People cry only when we have achieved our freedom. Today, it is like we are coming
out of a prison, so many of us are crying because it is so emotional.” -Carlos Marecos, Community
leader, Sawhoyamaxa Indigenous community

Case Study:

1. Covid-19

Even before the Covid-19 pandemic, Indigenous Peoples had less access to education than non-
Indigenous individuals because of long-term and systematic discrimination.

The Covid-19 pandemic highlighted and exacerbated these disparities. Indigenous children have less
access to computers and the internet, meaning they were cut off from educational opportunities when
the pandemic hit.

The pandemic magnified the impact of this ‘digital divide’ between Indigenous and non-Indigenous
students even further, as schools closed their doors and turned to online learning. Many Indigenous
children, especially in rural areas, lacked access to the devices and internet connection to access
virtual classes. Further issues included high internet costs, low or non-existent reliable network or
speed, and regular power cuts. These impacts could have been avoided if governments accounted for
the needs of Indigenous students in their Covid-19 response plans. In most countries, Indigenous
Peoples were not included in the development of these plans. This failure to consult with marginalized
people resulted in Indigenous Peoples being denied some of their most fundamental rights, including
education and healthcare.

Although school closures have ended, the pandemic’s impacts on Indigenous children continue in the
form of learning loss and dropouts.

2. Berta Cáceres in Honduras

Berta Cáceres, a Honduran human rights defender, spent decades campaigning for the
environment and Indigenous rights. This is particularly risky work in Honduras, one of the most
dangerous places on earth for human rights defenders.

Since 2013, Berta led with COPINH (Council of Popular and Indigenous Organizations of Honduras) a
campaign against the proposed construction of the Agua Zarca hydroelectric dam in Río Blanca. If
built, it would have disrupted the flow of the Gualcarque River, a site sacred to the Lenca
Indigenous community as well as an invaluable source of food and drinking water.

Berta’s fearless activism made her some powerful enemies. Along with others involved in the
campaign, she suffered harassment and even death threats – something she had long been used to.
Despite this, the authorities failed to provide Berta or any of her colleagues with effective
protection and on 2 March 2016, two armed men broke into her home in Intibucá and shot her
dead.

After a long-running fight for justice, in June 2022, David Castillo, a former manager at the
hydroelectric dam company, was sentenced to 22 years in prison for organizing Berta’s

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assassination. Seven others had been already sentenced to prison in 2019. Berta’s relatives and
COPINH continue to call for all those involved in ordering or carrying out the killing to be held
accountable.

Human Rights of Disabled with special focus on UN Convention on Persons with

Disabilities
The Convention on the Rights of Persons with Disabilities (CRPD) is an international human rights
convention which sets out the fundamental human rights of people with disability.

The purpose of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) is to
promote, protect and ensure the full and equal enjoyment of all human rights and fundamental
freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

It is made up of two documents, the Convention on the Rights of Persons with Disabilities, which
contains the main human rights provisions expressed as a series of Articles and the Optional Protocol
to the Convention on the Rights of Persons with Disabilities.

The CRPD and its Optional Protocol opened for signature on 30 March 2007 and Australia became one
of the original signatories. The CRPD entered into force for Australia on 16 August 2008, and the
Optional Protocol in 2009.

The human rights of people with disabilities are an integral part of the broader framework of human
rights. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is a landmark
international treaty that specifically addresses the rights of people with disabilities. Adopted in 2006,
the CRPD aims to promote, protect, and ensure the full and equal enjoyment of all human rights and
fundamental freedoms by people with disabilities.

Article 2 (Definitions) does not include a definition of disability. The Convention adopts a social model
of disability, but does not offer a specific definition.

The Convention on the Rights of Persons with Disabilities is an international human

rights treaty of the United Nations intended to protect the rights and dignity of persons
with disabilities. Parties to the convention are required to promote, protect, and ensure the full
enjoyment of human rights by persons with disabilities and ensure that persons with disabilities
enjoy full equality under the law. The Convention serves as a major catalyst in the global disability
rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical
treatment and social protection towards viewing them as full and equal members of society, with
human rights. The convention was the first U.N. human rights treaty of the twenty-first century.
The text was adopted by the United Nations General Assembly on 13 December 2006, and opened for
signature on 30 March 2007. Following ratification by the 20th party, it came into force on 3 May
2008. As of March 2024, it has 164 signatories and 191 parties, 190 states and the European
Union (which ratified it on 23 December 2010). The convention is monitored by the Committee on the
Rights of Persons with Disabilities for which annual Conferences of States Parties to the CRPD have set
guidelines since 2008. The thirteenth Conference of States Parties was scheduled to meet in New York
in June 2020, then rescheduled tentatively to meet in December 2020 due to the COVID-19 crisis.

Key principles of the CRPD include:

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 1. Respect for inherent dignity: People with disabilities are entitled to respect for their inherent
dignity and individual autonomy, on an equal basis with others.
2. Non-discrimination: The CRPD prohibits discrimination on the basis of disability and
recognizes that people with disabilities should enjoy all human rights and fundamental
freedoms on an equal basis with others.
3. Full and effective participation and inclusion in society: People with disabilities have the
right to actively participate in society and to be included in all aspects of life, including
education, employment, and political participation.
4. Accessibility: States parties to the CRPD are obligated to take measures to ensure that people
with disabilities have access to the physical environment, transportation, information, and
communication on an equal basis with others.
5. Respect for difference and acceptance of disability as part of human diversity: The CRPD
recognizes that disability is an inherent part of human diversity and promotes the acceptance
of people with disabilities as full and equal members of society.

The CRPD covers a wide range of human rights areas, including civil and political rights, economic,
social and cultural rights, and specific rights related to disability. It requires states parties to take
legislative, administrative, and other measures to ensure the rights enshrined in the convention are
effectively implemented and protected.

In addition to the CRPD, there are other international and regional instruments that address the
rights of people with disabilities, including the Universal Declaration of Human Rights and the
Convention on the Rights of the Child. However, the CRPD represents a significant step forward in
recognizing and protecting the rights of people with disabilities, and its implementation is crucial for
promoting inclusion, equality, and dignity for all.

There are around 1 billion people with disability in the world. They are often the poorest of the
poor. The stigma and discrimination they suffer are common in all societies. People with disability are
often denied chances to work, attend school and participate fully in society - which creates barriers
for their prosperity and well-being. The Convention on the Rights of Persons with Disabilities is
important because it is a tool for ensuring that people with disability have access to the same rights
and opportunities as everybody else.

The Convention is a human rights treaty designed by representatives of the international

community - including people with disability, government officials, representatives of
nongovernmental organizations and others - to change the way people with disability are viewed and
treated in their societies. The Convention challenges people worldwide to understand disability as a
human rights issue. The Convention covers many areas where obstacles can arise, such as physical
access to buildings, roads and transportation, and access to information through written and
electronic communications. The Convention also aims to reduce stigma and discrimination, which are
often reasons why people with disability are excluded from education, employment and health and
other services.

For the first time, a legally binding international instrument now exists to guarantee that States
that have ratified the treaty will promote and protect the rights of people with disability. These States
will next work on passing their own national civil rights legislation to improve the lives of people with
disability.

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 United Nations Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities has been adopted by the UN General Assembly on 18 December 1992, without a vote. Its
key provisions include that "Persons belonging to national or ethnic, religious and linguistic
minorities (hereinafter referred to as persons belonging to minorities) have the right to enjoy their
own culture, to profess and practice their own religion, and to use their own language, in private and
in public, freely and without interference or any form of discrimination" (Article 2.1)

The United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious,
and Linguistic Minorities is an important international instrument that outlines the rights of
individuals who belong to minority groups. Adopted by the UN General Assembly in 1992, the
declaration seeks to promote and protect the rights of minorities and ensure their full and effective
participation in society.

Key provisions of the declaration include:

1. Non-discrimination: Minorities should not be discriminated against on the basis of their

national or ethnic origin, religion, or language. They should enjoy equal rights and
opportunities as other members of society.
2. Cultural, religious, and linguistic identity: Minorities have the right to maintain, express,
and promote their cultural, religious, and linguistic identity without discrimination. States are
encouraged to take measures to protect and promote the cultural heritage and traditions of
minority groups.
3. Participation in public life: Minorities have the right to participate fully and effectively in
public life, including political, economic, social, and cultural spheres. States should ensure that
minorities have the opportunity to participate in decision-making processes that affect their
communities.
4. Equality before the law: Minorities should have equal access to justice and legal protection.
States should ensure that minority individuals and communities can exercise their rights
without discrimination.
5. Education and media: States should promote tolerance and understanding among different
ethnic, religious, and linguistic groups through education and the media. Minority languages
and cultures should be preserved and promoted in educational curricula and media outlets.
6. Protection of identity: Minority individuals have the right to be recognized and to identify
themselves as members of a minority group, and to be protected against any attempts to
assimilate or forcibly assimilate them into the dominant culture.
7. Participation in decision-making: Minority groups have the right to participate in decision-
making processes that affect them, both at the national and local levels.

The declaration emphasizes the importance of respecting and protecting the rights of minorities as
a fundamental aspect of promoting peace, stability, and harmony in diverse societies. It calls on states
to adopt measures to prevent and address discrimination, intolerance, and violence against minority
groups.

While the declaration is not legally binding, it provides a set of principles and guidelines for states
to follow in their treatment of minority populations. It serves as a valuable tool for advocacy and
raising awareness about the rights and needs of minority communities around the world.

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Following are Articles of the Declaration
 Article 1: States shall protect the existence and the national or ethnic, cultural, religious and
linguistic identity of minorities within their respective territories and shall encourage
conditions for the promotion of that identity via framing proper legislation and schemes.
 Article 2: Persons belonging to different religion has the right to practice one’s religion. They
must not be restricted from participating in decision making activities. He must be allowed to
interact freely with other religious minorities.
 Article 3: Persons belonging to minorities may exercise their rights without any
discrimination.
 Article 4: States shall take measures to create favourable conditions to enable persons
belonging to minorities to express their characteristics and to develop their culture, language,
religion, traditions and customs, except where specific practices are in violation of national law
and contrary to international standards.
 Article 5: National policies and programmes shall be planned and implemented with due
regard for the legitimate interests of persons belonging to minorities.
 Article 6: States should cooperate on questions relating to persons belonging to minorities,
inter alia, exchanging information and experiences, in order to promote mutual understanding
and confidence.
 Article 7: States should cooperate in order to promote respect for the rights set forth in the
present Declaration.
 Article 8: Nothing in the present Declaration may be construed as permitting any activity
contrary to the purposes and principles of the United Nations, including sovereign equality,
territorial integrity and political independence of States.
 Article 9: The specialized agencies and other organizations of the United Nations system shall
contribute to the full realization of the rights and principles set forth in the present
Declaration, within their respective fields of competence.
Since it is just a declaration rather than convention, it is not legally binding on the signatory countries.
But nonetheless it carries greater moral value.

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 UNIT V
-Women.
- Convention on the Nationality of Married Women.
-Convention on Minimum Age, Consent and Registration of Marriage.
-Importance of Four World Conferences for Women Convention on the
Elimination of All Forms of Discrimination Against Women-Role of
Commission on the Status of Women.
-UN Women, UN Initiatives To Protect Older People, International
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families 1990 Convention relating to the Status of
Refugees,1954.
- Brief introduction to International Humanitarian law.

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 Women
Women's rights are an integral part of human rights, encompassing the fundamental freedoms
and entitlements that every individual should enjoy regardless of gender. Historically, women have
faced systemic discrimination and inequality in various spheres of life, including legal, political,
economic, social, and cultural domains. Recognizing and safeguarding women's rights is essential for
promoting gender equality, empowering women, and achieving social justice and sustainable
development.

Women's rights are the fundamental human rights that were enshrined by the United Nations
for every human being on the planet nearly 70 years ago. These rights include the right to live free
from violence, slavery, and discrimination; to be educated; to own property; to vote; and to earn a fair
and equal wage. As the now-famous saying goes, “women’s rights are human rights.” That is to say,
women are entitled to all of these rights. Yet almost everywhere around the world, women and girls
are still denied them, often simply because of their gender.

Winning rights for women is about more than giving opportunities to any individual woman or
girl; it is also about changing how countries and communities work. It involves changing laws and
policies, winning hearts and minds, and investing in strong women’s organizations and movements.

Global Fund for Women exists to support the tireless and courageous efforts of women’s
groups who work every day to win rights for women and girls. These groups are working to ensure
women can own property, vote, run for office, get paid fair wages, and live free from violence –
including domestic violence, sexual assault, and harmful practices such as female genital mutilation.

Key aspects of women's rights within the framework of human rights include:

1. Right to equality: Women have the right to equal treatment under the law and in practice,
without discrimination based on gender. This includes equal access to education, employment,
healthcare, and participation in public life.
2. Freedom from violence: Women have the right to live free from all forms of violence and
abuse, including domestic violence, sexual assault, trafficking, and harmful traditional practices
such as female genital mutilation and forced marriage.
3. Reproductive rights: Women have the right to make informed decisions about their
reproductive health and autonomy over their bodies, including access to contraception, safe
abortion services, maternal healthcare, and sexual education.
4. Right to education: Women have the right to quality education at all levels without
discrimination, enabling them to develop their full potential and participate fully in society.
5. Right to health: Women have the right to access comprehensive healthcare services, including
reproductive healthcare, maternal care, and treatment for diseases such as HIV/AIDS and
cervical cancer.
6. Economic rights: Women have the right to equal opportunities in the workforce, including
equal pay for equal work, protection against workplace discrimination, and access to economic
resources such as land, credit, and inheritance.
7. Political participation: Women have the right to participate fully and equally in political and
public life, including the right to vote, stand for election, and hold public office.

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 8. Freedom of expression and association: Women have the right to freedom of expression and
association, including the right to participate in civil society organizations, express their
opinions, and advocate for their rights without fear of reprisal.

Efforts to advance women's rights and gender equality are enshrined in various international
agreements and declarations, including the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the Beijing Declaration and Platform for Action, and the
Sustainable Development Goals (SDGs). However, significant challenges persist, including gender-
based violence, unequal access to education and healthcare, discriminatory laws and practices, and
underrepresentation in decision-making processes. Addressing these challenges requires
comprehensive legal frameworks, policies, and programs that promote women's empowerment,
combat discrimination, and ensure equal opportunities and rights for all individuals, regardless of
gender.

We are all entitled to human rights. These include the right to live free from violence and
discrimination; to enjoy the highest attainable standard of physical and mental health; to be educated;
to own property; to vote; and to earn an equal wage. But across the globe many women and girls still
face discrimination on the basis of sex and gender. Gender inequality underpins many problems which
disproportionately affect women and girls, such as domestic and sexual violence, lower pay, lack of
access to education, and inadequate healthcare.

For many years women’s rights movements have fought hard to address this inequality, campaigning
to change laws or taking to the streets to demand their rights are respected. And new movements
have flourished in the digital age, such as the #MeToo campaign which highlights the prevalence of
gender-based violence and sexual harassment.

Women’s Suffrage

During the 19th and early 20th centuries people began to agitate for the right of women to vote.
In 1893 New Zealand became the first country to give women the right to vote on a national level. This
movement grew to spread all around the world, and thanks to the efforts of everyone involved in this
struggle, today women’s suffrage is a right under the Convention on the Elimination of All Forms of
Discrimination Against Women (1979). However, despite these developments there are still many
places around the world where it is very difficult for women to exercise this right. Take Syria for
example, where women have been effectively cut off from political engagement, including the ongoing
peace process.

In Pakistan, although voting is a constitutional right, in some areas women have been
effectively prohibited from voting due to powerful figures in their communities using patriarchal local
customs to bar them from going to the polls. And in Afghanistan, authorities recently decided to
introduce mandatory photo screening at polling stations, making voting problematic for women in
conservative areas, where most women cover their faces in public. Amnesty International campaigns
for all women to be able to effectively participate in the political process.

Sexual and Reproductive Rights

Everyone should be able to make decisions about their own body. Every woman and girl has sexual
and reproductive rights. This means they are entitled to equal access to health services like
contraception and safe abortions, to choose if, when, and who they marry, and to decide if they want

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to have children and if so how many, when and with who. Women should be able to live without fear
of gender-based violence, including rape and other sexual violence, female genital mutilation (FGM),
forced marriage, forced pregnancy, forced abortion, or forced sterilization. But there’s a long way to
go until all women can enjoy these rights. For example, many women and girls around the world are
still unable to access safe and legal abortions. In several countries, people who want or need to end
pregnancies are often forced to make an impossible choice: put their lives at risk or go to jail.

In Argentina, Amnesty International has campaigned alongside grassroots human rights defenders to
change the country’s strict abortion laws. There have been some major steps forward, but women and
girls are still being harmed by laws which mean they cannot make choices about their own bodies.

In Poland along with more than 200 human and women’s rights organisations from across the globe,
Amnesty has co-signed a joint statement protesting the ‘Stop Abortion’ bill.

South Korea has recently seen major advances in sexual and reproductive rights after many years of
campaigning by Amnesty and other groups, culminating in a ruling by South Korea’s Constitutional
Court that orders the government to decriminalize abortion in the country and reform the country’s
highly restrictive abortion laws by the end of 2020.

In Burkina Faso, Amnesty International has supported women and girls in their fight against forced
marriage, which affects a huge number of girls especially in rural areas. And in Sierra Leone, Amnesty
International has been working with local communities as part of our Human Rights Education
Programme, which focuses on a number of human rights issues, including female genital mutilation.

In Zimbabwe, we found that women and girls were left vulnerable to unwanted pregnancies and a
higher risk of HIV infection because of widespread confusion around sexual consent and access to
sexual health services. This meant that girls would face discrimination, the risk of child marriage,
economic hardship and barriers to education.

In Jordan Amnesty International has urged authorities to stop colluding with an abusive male
“guardianship” system which controls women’s lives and limits their personal freedoms, including
detaining women accused of leaving home without permission or having sex outside marriage and
subjecting them to humiliating “virginity tests”.

Freedom of Movement

Freedom of movement is the right to move around freely as we please – not just within the country
we live in, but also to visit others. But many women face real challenges when it comes to this. They
may not be allowed to have their own passports, or they might have to seek permission from a male
guardian in order to travel.

For example, recently in Saudi Arabia there has been a successful campaign to allow women to
drive, which had previously been banned for many decades. But despite this landmark gain, the
authorities continue to persecute and detain many women’s rights activists, simply for peacefully
advocating for their rights.

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 HOW ARE WOMEN’S RIGHTS BEING VIOLATED?

Gender Inequality

Gender inequality could include:

 Gender-Based Violence

Gender-based violence is when violent acts are committed against women and LGBTI people on
the basis of their orientation, gender identity, or sex characteristics. Gender based violence happens to
women and girls in disproportionate numbers.

Women and girls in conflict are especially at risk from violence, and throughout history sexual
violence has been used as a weapon of war. For example, we have documented how many women who
fled attacks from Boko Haram in Nigeria have been subjected to sexual violence and rape by the
Nigerian military.

Globally, on average 30% of all women who have been in a relationship have experienced physical
and/or sexual violence committed against them by their partner. Women are more likely to be victims
of sexual assault including rape, and are more likely to be the victims of so-called “honour crimes”.

Violence against women is a major human rights violation. It is the responsibility of a state to
protect women from gender-based violence – even domestic abuse behind closed doors.

 Sexual Violence and Harassment

Sexual harassment means any unwelcome sexual behaviour. This could be physical conduct and
advances, demanding or requesting sexual favours or using inappropriate sexual language.

Sexual violence is when someone is physically sexually assaulted. Although men and boys can also be
victims of sexual violence, it is women and girls who are overwhelmingly affected.

 Workplace Discrimination

Often, women are the subject of gender based discrimination in the workplace. One way of
illustrating this is to look at the gender pay gap. Equal pay for the same work is a human right, but
time and again women are denied access to a fair and equal wage. Recent figures show that women
currently earn roughly 77% of what men earn for the same work. This leads to a lifetime of financial
disparity for women, prevents them from fully exercising independence, and means an increased risk
of poverty in later life.

 Discrimination based on sexual orientation and gender identity

In many countries around the world, women are denied their rights on the basis of sexual
orientation, gender identity, or sex characteristics. Lesbian, bisexual, Trans and intersex women and
gender non-confirming people face violence, exclusion, harassment, and discrimination many are also

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subjected to extreme violence, including sexual violence or so called “corrective rape” and “honour
killings.”
 WHY IS IT IMPORTANT TO STAND UP FOR WOMEN’S RIGHTS?

 Women’s Rights are Human Rights

It might seem like an obvious point, but we cannot have a free and equal society until everyone is
free and equal. Until women enjoy the same rights as men, this inequality is everyone’s problem.

 Protecting women’s rights makes the world a better place

According to the UN, “gender equality and the empowerment of women and girls is not just a goal
in itself, but a key to sustainable development, economic growth, and peace and security”. Research
has shown this to be the case – society gets better for everyone when women’s rights are upheld and
taken seriously.

 We’re stronger when we work together

Although grassroots movements have done so much to effect change, when everyone comes
together to support women’s rights we can be so much stronger. By working alongside individual
activists and campaigners on the ground as well as running our own targeted campaigns, movements
such as Amnesty International can form a formidable vanguard in the fight for women’s rights.

Women & Human Right In India

Women's rights and human rights in India are intertwined with the broader social, cultural,
and legal landscape of the country. While India has made significant progress in recognizing and
protecting the rights of women, challenges remain in addressing gender-based discrimination,
violence, and inequalities.

An overview of women's rights and human rights issues in India:

1. Legal Framework: India has a robust legal framework for protecting women's rights,
including the Constitution, which guarantees equality before the law and prohibits
discrimination based on gender. The Protection of Women from Domestic Violence Act, 2005,
the Dowry Prohibition Act, 1961, and The Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act, 2013, is among the key legislations aimed at
addressing gender-based violence and discrimination.
2. Violence against Women: Despite legislative measures, violence against women remains a
significant concern in India. Incidents of domestic violence, sexual assault, dowry-related
violence, honour killings, and trafficking continue to pose serious threats to women's safety
and well-being. The response of law enforcement agencies and the judiciary to cases of
violence against women has also faced scrutiny, with calls for more effective implementation of
laws and improved access to justice for survivors.
3. Gender Inequality: Gender disparities persist in various spheres of life, including education,
employment, healthcare, and political representation. While there has been progress in
increasing women's access to education and healthcare, disparities remain, particularly in
rural and marginalized communities. Women continue to face barriers in accessing economic

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 opportunities, with lower rates of workforce participation and wage inequality compared to
men.
4. Women's Health: Health issues such as maternal mortality, malnutrition, and gender-based
violence have a significant impact on women's health and well-being in India. Limited access to
quality healthcare services, especially in rural areas, and cultural factors contribute to
persistent health challenges among women.
5. Women's Political Participation: Women's representation in political and decision-making
bodies remains low in India. While there have been efforts to increase women's participation
in politics through reservations for women in local government institutions (Panchayati Raj
Institutions), women continue to be underrepresented in state and national-level politics.
6. Women's Rights Advocacy: Civil society organizations, women's rights groups, and activists
play a crucial role in advocating for women's rights and addressing gender-based inequalities
in India. These organizations work on various fronts, including legal advocacy, awareness-
raising campaigns, and grassroots initiatives to empower women and challenge discriminatory
practices.

While India has taken steps to promote gender equality and protect women's rights, there is a
need for continued efforts to address the underlying social norms, cultural practices, and structural
inequalities that perpetuate gender-based discrimination and violence. Strengthening legal
frameworks, enhancing access to justice, promoting gender-sensitive policies, and fostering gender-
responsive attitudes are essential for advancing women's rights and human rights in India.

Rights of Women in India

 The Constitution of India:

The Indian Constitution provides a foundation for women's rights by guaranteeing equality before
the law (Article 14) and prohibiting discrimination on the basis of gender (Article 15). Additionally,
Article 15(3) allows the state to make special provisions for women and children.

 Right to Maintenance:
Every married woman has the right to receive support, or in legal terms, maintenance from her
husband even if they are not living together. This right is protected by laws for women in India such
as, the Hindu Marriage Act, 1955 (HMA) and the Protection of Women from Domestic Violence Act,
2005 (DVA). As, per Section 24 of the HMA either the wife or husband can seek monetary assistance.
To be eligible, for this support the petitioner must show that they do not have a source of income to
support themselves.

 Right to Equal Pay:

One of the most important labour rights is the concept of equal pay for the same amount or equal
amount of work done. In India the Equal Remuneration Act of 1976 (ERA) is the primary law that
ensures both male and female workers are paid equally for doing work which are the same for both.
The ERA also prohibits discrimination, against women based on gender in employment related
matters like recruitment and promotion.

 Right to Dignity and Decency:

Every woman should lead a life of respect, equality and decency, free from any form of fear, force,
violence or discrimination. According to Article 21 of the Constitution every citizen, including women
is entitled to the right to life and dignity. Section 354A of the Indian Penal Code criminalizes
harassment. The Sexual Harassment of Women, at Workplace (Prevention, Prohibition and Redressal)
Act, 2013 establishes a framework for women to report incidents of harassment in their workplace
and seek measures to address them.

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  Right against Domestic Violence:
Some or the other day, it’s always in the news that a daughter, wife, daughter-in law faces
harassment and abuse, not only sexual but physical and mental too. DVA provides protection of
women from domestic violence. If any woman suffers such abuse and violence, section 12 of DVA
becomes applicable.

 Rights at Workplace:
Each and every woman is entitled to a work environment that’s safe and conducive, to their well-
being. It is crucial that they are free from any form of discrimination or harassment. The Constitution
along with legislations such as the Equal Remuneration Act of 1975 the Maternity Benefit Act of 1961
and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of
2013 guarantees these rights to women.

 Right against Dowry:

Lots of women are not able to get married because of unnecessary dowry demands from the other
side. The Dowry Prohibition Act, 1961 prohibits the dowry system, i.e. both, the giving and taking of
dowry. Every woman in this country has the right to be free from dowry demands, harassment and
abuse.

 Right to Free Legal Aid:

Where a woman cannot pay for her legal support, she will have the opportunity of attaining it free
of charge. Under the Legal Services Authorities Act, 1987, this is regarded as a right. The Legal
Services Authorities Act provides for establishment of legal services authorities at the central, state
and district level.

 Right to Self-Defence:
Under Section 100 of the Indian Penal Code (IPC), every person, including a woman has the right
to protect her body from any violence, attack or assault which can lead to apprehension of death,
grievous hurt, kidnapping etc.

 Laws for Women in India

In India there are laws that safeguard the rights of women, in aspects such, as family matters,
criminal offenses, employment conditions and property ownership. Our constitution provides rights
to ensure the protection and progress of women. In this section of the article we will delve into the
laws that protect women in India.

 The Protection of Women from Domestic Violence Act, 2005

Protection of Women from DVA, 2005 is one of the key Acts and laws for women in India meant for
protecting women who are oppressed by domestic violence. The law provides for strict legal actions
against husbands that harass abuse and maltreat women in their own houses. The law strives to
provide protection orders, residence orders, as well as monetary relief, which is meant to secure their
safety and general wellbeing.

 The Maternity Benefit Act, 1961:

This law mandates certain benefits and protections for women during pregnancy and childbirth,
including maternity leave, maternity leave benefits, and medical care. It also prohibits the dismissal of
pregnant women from employment during pregnancy and maternity leave.

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Case Laws

 Air India V. Nergesh Mirza (1981)

This case dealt with the discriminatory termination of air hostess Nergesh Meerza by Air India on
the ground that she was married. The airline had a policy at that time that required air hostesses to
resign within four years of their service or upon getting married, whichever occurred earlier.

As per the rules of the airline, air hostesses were required to retire at 35, or on marriage, or on their
first pregnancy, whichever occurred earlier.

The Supreme Court held that the policy of forcing air hostesses to resign upon marriage was
arbitrary and unreasonable. It emphasized the importance of gender equality and rejected the notion
that marriage could be a ground for termination of employment.

 Lata Singh V. State of Uttar Pradesh

Lata Singh was an adult when she left her family home to be joined in matrimony with a man from
a lower caste. Her brothers, who were unhappy with the alliance, filed a missing person report, and
alleged Lata had been abducted. This resulted in the arrest of three people from her husband's family.
In order to get the charges dropped, Lata Singh filed a petition which resulted in the landmark
judgment by the Supreme Court that allowed an adult woman the right to marry or live with anyone of
her choice. The court further ordered that the police initiate criminal action against people who
commit violence against those who decide on inter-religious or inter-caste marriages.

 Mary Roy V. State of Kerala

Women from the Syrian Christian community in Kerala were prevented from inheriting property
due to patriarchal traditions. This decree was challenged by Mary Roy, a woman's right activist and
educator. After the demise of her father, she filed a case against her elder brother when she was
denied equal share in the family's inheritance. Though the plea was rejected by the lower court, the
Kerala High Court overruled the previous judgment. In 1986, the Supreme Court delivered a landmark
judgment that granted Syrian Christian women the right to seek an equal share in their father's
property.

 Roxann Sharma V. Arun Sharma

Roxann was involved in a bitter child custody battle with her estranged husband. A court in Goa
granted her interim custody of their child, but Arun Sharma whisked their son away and refused to let
Roxann meet the child. She filed a case against him, which led to the landmark judgment pronounced
by the apex court regarding children caught in a legal battle between parents. The Supreme Court
ruled that when estranged parents are involved in a legal tussle over the custody of a child who is
under the age of five years, the custody of the child will remain with the mother.

Convention On Minimum Age, Consent And Registration Of Marriage

The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of
Marriages is a treaty agreed upon in the United Nations on the standards of marriage. The treaty was
drafted by the Commission on the Status of Women and opened for signature and ratification

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by General Assembly resolution 1763 A (XVII) on 7 November 1962. It was entered into force 9
December 1964 by exchange of letters, in accordance with article 6. The convention has been signed
by 16 countries and there are 55 parties to the convention. The convention is based on article 16 of
the Universal Declaration of Human Rights. The Convention reaffirms the consensual nature of
marriages and requires the parties to establish a minimum marriage age by law and to ensure
the registration of marriages.

Summary of Articles
Article 1: Marriages should be entered into with the "full and free consent" of both parties.
Article 2: States participating in the convention shall set laws for the minimum age of marriage.
Article 3: Marriages should be registered by the relevant authority.
Article 4: The convention was open for signature until 31 December 1963 and is subject to
ratification.
Article 5: The convention is open for accession for all states referred to in Article 4.
Article 6: This article details the date of accession for all states that are part of the Convention
Article 7: This article outlines the process of denunciation of the Convention
Article 8: Disputes regarding interpretation or application should be referred to the International
Court of Justice.
Article 9: The Secretary-General shall notify relevant parties of signatures, instruments, date that the
Convention enters into force, notifications of denunciation, and abrogation.
Article 10: The convention is published in several languages and is deposited in the archives of the
United Nations. The Secretary-General shall transmit a copy to relevant parties.

Status of child marriage

Despite the development of this convention, child marriage and forced marriage are still an issue
worldwide. More than 12 million girls were forced into marriage in 2020.
On December 10, 2019, then Philippine president Rodrigo R. Duterte signed into law Republic Act
11596 or the "An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations
Thereof" thereby criminalizing the practice of child marriage in the Philippines. The law was enacted
in compliance with the Philippine obligation under the convention. The law prohibits marriage
between a child and a child or between an adult and a child. This is whether in informal union or
cohabitation outside of wedlock between an adult and a child, or between children. The law intends to
abolish all traditional and cultural practices and structures that perpetuate discrimination, abuse.
However, while the law also declared child betrothal as has no legal effect it does not provide any
penalty thereof.

As of my last update in January 2022, there isn't a single international convention specifically
named the "Convention on Minimum Age, Consent and Registration of Marriage." However, there are
several international instruments and conventions that address aspects related to marriage, including
the minimum age of marriage, consent, and registration. Here are some key ones:

1. Convention on the Rights of the Child (CRC): This convention, adopted by the United Nations
General Assembly in 1989, sets out the civil, political, economic, social, health, and cultural
rights of children. Article 16 of the CRC calls for the protection of children from all forms of
exploitation, including child marriage. It calls upon states to take legislative measures to

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 establish a minimum age for marriage and ensure that marriage is entered into only with the
free and full consent of both parties.
2. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):
Adopted by the UN General Assembly in 1979, CEDAW is often referred to as the international
bill of rights for women. Article 16 of CEDAW addresses issues related to marriage and family
life, emphasizing the need to ensure free and full consent to marriage, the minimum age of
marriage, and equality within marriage.
3. The International Labour Organization (ILO) Convention No. 138: This convention,
adopted in 1973, sets out the minimum age for admission to employment. While it does not
directly address marriage, it indirectly relates to child marriage by promoting education and
setting a minimum age for employment, which can help prevent child marriage by keeping
children in school and delaying marriage.
4. United Nations Sustainable Development Goals (SDGs): Goal 5 of the SDGs aims to achieve
gender equality and empower all women and girls. Target 5.3 specifically calls for ending child
marriage by 2030, recognizing the importance of setting and enforcing laws that establish the
minimum age of marriage and ensuring that marriage is based on the free and full consent of
both parties.

While these international instruments provide a framework for addressing issues related to
marriage, including the minimum age, consent, and registration, it's important to note that
implementation and enforcement of laws and policies are primarily the responsibility of individual
countries. Many countries have their own domestic laws and regulations regarding marriage, and
efforts to address child marriage often involve a combination of legal reforms, awareness-raising
campaigns, and community engagement initiatives.

India doesn't have a specific "Convention on Minimum Age, Consent, and Registration of Marriage"
as such. However, there are relevant laws and conventions related to the minimum age of marriage,
consent, and registration of marriages in India. Let's delve into each aspect:

1. Minimum Age of Marriage: In India, the minimum age of marriage is governed by the Prohibition
of Child Marriage Act, 2006. According to this act, the legal age of marriage is 18 years for females and
21 years for males. The act aims to prevent the solemnization of child marriages and protect the rights
of minors.

2. Consent: Consent is a crucial aspect of marriage in India. Both parties must give their free and
informed consent to the marriage. The concept of consent is enshrined in various personal laws
governing marriage, such as the Hindu Marriage Act, 1955, the Muslim Personal Law (Shariat)
Application Act, 1937, the Special Marriage Act, 1954, etc.

3. Registration of Marriage: While there is no compulsory national law for the registration of
marriages in India, some states have enacted laws making registration mandatory. For instance, the
Registration of Births and Deaths Act, 1969, and the Hindu Marriage Act, 1955, provide for the
registration of marriages. Additionally, the Special Marriage Act, 1954, mandates the registration of
marriages irrespective of religion or caste.

International Conventions: India is a signatory to various international conventions and treaties

related to human rights and child rights, which indirectly address issues related to the minimum age
of marriage, consent, and registration of marriages. These include:

 Convention on the Rights of the Child (CRC): This convention emphasizes the protection of
children's rights, including their right to protection from child marriage.

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  Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):
CEDAW addresses issues related to gender equality and women's rights, including protection
from child marriage and ensuring free and full consent to marriage.

While India doesn't have a specific convention addressing all aspects of minimum age, consent,
and registration of marriage comprehensively, the country's legal framework and international
commitments aim to protect individuals' rights in these areas and prevent practices such as child
marriage. It's essential to continue advocating for the effective implementation of existing laws and
the fulfilment of international obligations to safeguard the rights of all individuals, particularly women
and children, in matters of marriage.

Four World Conferences for Women

The Four World Conferences for Women refer to a series of global conferences organized by the
United Nations (UN) to address issues related to gender equality and the empowerment of women.
These conferences played a significant role in shaping the global agenda on women's rights and
advocating for gender equality. The Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) is a key international treaty aimed at promoting and protecting women's
rights.

The United Nations has organized four world conferences on women. These took place in Mexico
City in 1975, Copenhagen in 1980, Nairobi in 1985 and Beijing in 1995. The last was followed by a
series of five-year reviews.

The 1995 Fourth World Conference on Women in Beijing marked a significant turning point for
the global agenda for gender equality. The Beijing Declaration and the Platform for Action, adopted
unanimously by 189 countries, is an agenda for women’s empowerment and considered the key
global policy document on gender equality. It sets strategic objectives and actions for the
advancement of women and the achievement of gender equality in 12 critical areas of concern:

 Women and poverty

 Education and training of women
 Women and health
 Violence against women
 Women and armed conflict
 Women and the economy
 Women in power and decision-making
 Institutional mechanism for the advancement of women
 Human rights of women
 Women and the media
 Women and the environment
 The girl-child
The Beijing conference built on political agreements reached at the three previous global
conferences on women, and consolidated five decades of legal advances aimed at securing the equality
of women with men in law and in practice. More than 17,000 participants attended, including 6,000
government delegates at the negotiations, along with more than 4,000 accredited NGO

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representatives, a host of international civil servants and around 4,000 media representatives. A
parallel NGO Forum held in Huairou near Beijing also drew some 30,000 participants.

The founding United Nations charter (1945) included a provision for equality between men
and women (chapter III, article 8). Subsequently, from 1945 to 1975 various female officials within
the United Nations and leaders of women's movements on the global stage attempted to turn these
principles into action. The United Nations General Assembly passed a resolution (resolution 3010)
that 1975 should be International Women's Year. In December 1975, the UN General Assembly passed
a further resolution (resolution 31/136) that 1976–1985 should be the "Decade of Women".

First World Conference on Women, Mexico City, 1975

In conjunction with International Women's Year, the first world conference on women was
held in Mexico City in 1975. It resulted in the Declaration of Mexico on the Equality of Women and
Their Contribution to Development and Peace.

Second World Conference on Women, Copenhagen, 1980

The second world conference on women was held in Copenhagen in 1980. The conference
agreed that the 1979 Convention on the Elimination of All Forms of Discrimination against
Women was an important milestone. The Copenhagen conference also acknowledged the gap between
rights being secured for women and women's ability to exercise those rights. It was also agreed that it
was action on the three areas of: equal access to education; employment opportunities; and adequate
health care services are essential to achieve the goals set out in Mexico.

Third World Conference on Women, Nairobi, 1985

The third world conference on women was held in Nairobi in 1985. The Nairobi conference set
out areas by which progress in women's equality could be measured: constitutional and legal
measures; equality in social participation; equality in political participation; and decision-making. The
conference also acknowledged that women need to participate in all areas of human activity, not just
those areas that relate to gender.

Preceding the Fourth World Conference on Women, Beijing, 1995

Delegates had prepared the UNDP Beijing Express Declaration aimed at achieving greater
equality and opportunity for women. The Beijing conference was a landmark event that resulted in
the adoption of the Beijing Declaration and Platform for Action. It set forth a comprehensive agenda
for achieving gender equality and women's empowerment in 12 critical areas of concern.

Convention on the Elimination of All Forms of Discrimination Against Women

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is

an international treaty adopted by the UN General Assembly in 1979. It is often described as the
international bill of rights for women as it comprehensively addresses various forms of discrimination
against women and sets forth principles for achieving gender equality. Key provisions of CEDAW
include:

 Prohibition of discrimination against women in all areas, including political, economic, social,
cultural, and civil life.
 Guarantee of equal rights in marriage and family matters.
 Protection of women's reproductive rights.

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 Measures to eliminate gender-based violence against women.
 Promotion of women's participation in decision-making and leadership roles.

Both the Four World Conferences for Women and CEDAW have played critical roles in advancing
the global agenda on gender equality and women's rights. They have contributed to raising
awareness, mobilizing support, and fostering international cooperation to address challenges faced by
women and girls worldwide.

Key Provisions:

 Non-discrimination: CEDAW requires state parties to take measures to eliminate discrimination

against women in all areas, including political, economic, social, cultural, and civil life.
 Legal and Policy Framework: State parties are obligated to enact and enforce laws and policies
that promote gender equality and protect women's rights.
 Elimination of Stereotypes and Prejudices: CEDAW calls for measures to eliminate stereotypes and
prejudices that perpetuate discrimination against women.
 Access to Justice: The convention ensures women's access to justice and remedies for violations of
their rights.
 Political Participation: CEDAW promotes women's equal participation in political and public life,
including the right to vote and stand for election.
 Education and Employment: State parties are required to ensure equal access to education and
employment opportunities for women.
 Marriage and Family: CEDAW guarantees women's equal rights in marriage and family matters
and addresses issues such as child marriage and polygamy.
 Health: The convention recognizes women's right to access reproductive healthcare services and
addresses issues such as maternal mortality and violence against women.

4. Implementation and Monitoring:

 CEDAW establishes a Committee on the Elimination of Discrimination against Women, composed

of independent experts, to monitor the implementation of the convention by state parties.
 State parties are required to submit periodic reports to the committee on their progress in
implementing CEDAW and addressing issues related to women's rights.
 The committee reviews these reports, conducts inquiries, and provides recommendations and
guidance to state parties to improve their compliance with the convention.

5. Impact and Significance:

 CEDAW has had a significant impact on advancing women's rights and gender equality globally.
 It has been instrumental in shaping national legislation, policies, and programs aimed at
promoting women's rights and addressing gender-based discrimination.
 The convention has also served as a catalyst for advocacy and activism by women's rights
movements worldwide.

In summary, the Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW) is a crucial international instrument for promoting gender equality and protecting
women's rights. It sets forth comprehensive standards and obligations for state parties to eliminate
discrimination against women and ensure their full and equal participation in all aspects of society.

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

 Part I (Articles 1–6) focuses on non-discrimination, sex stereotypes, and sex trafficking.
 Part II (Articles 7–9) outlines women's rights in the public sphere with an emphasis on political
life, representation, and rights to nationality.
 Part III (Articles 10–14) describes the economic and social rights of women, particularly focusing
on education, employment, and health. Part III also includes special protections for rural
women and the problems they face.
 Part IV (Article 15 and 16) outlines women's right to equality in marriage and family life along
with the right to equality before the law.
 Part V (Articles 17–22) establishes the Committee on the Elimination of Discrimination against
Women as well as the states parties' reporting procedure.
 Part VI (Articles 23–30) describes the effects of the convention on other treaties, the commitment
of the states parties’ and the administration of the convention.

ROLE OF COMMISSION ON THE STATUS OF WOMEN

The Commission on the Status of Women (CSW) is the world's main policy-making body
dedicated exclusively to gender equality and the advancement of women. It is part of the United
Nations, and works to promote women's political, economic, civil, social and educational rights. The
CSW also works for equality, development and peace, monitors whether measures are being
implemented, and makes sure that gender issues are taken into account across the UN. It can also
highlight urgent problems, such as the situation of women and girls affected by conflict.

The UNCSW or simply CSW is the chief international inter-governmental body dedicated to the
promotion of women empowerment and gender equality.

 It functions under the Economic and Social Council (ECOSOC), one of the principal organs of the
United Nations.
 It was established in 1946 by a resolution of the ECOSOC.
 The CSW documents the condition of women’s lives the world over and also strives for setting
global standards on women empowerment and gender equality.
 In 1996, the ECOSOC expanded the mandate of the Commission to include supervising and
reviewing progress and problems in the implementation of the Beijing Declaration and Platform
for Action.
 The expanded mandate also includes bringing in a gender perspective in all of the UN’s activities.
 The Commission is supported in its work by UN Women, which is its Secretariat.
 CSW is headquartered in New York, USA.

In a recent development, India was elected to the CSW for four years from 2021 to 2025. Along with
India, Afghanistan was also elected to the Commission while China failed to win a seat.

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SIGNIFICANCE

The Commission has played a key role in the advancement of women’s social, economic and
political rights worldwide.

 The first international law instrument to recognize and protect the political rights of women, the
Convention on the Political Rights of Women (1953), was drafted by UNCSW.
 A few other landmark conventions drafted by the Commission include the following, among
others:
 Convention on the Nationality of Married Women (1957) – first international agreement on
the rights of married women.
 Convention on Consent to Marriage (1962)
 Minimum Age for Marriage and Registration of Marriages (1962)
 Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) (1979)
 The Commission served as the preparatory body for the 1995 Fourth World Conference on
Women, which adopted the Beijing Declaration and Platform for Action.
 Over the years, the Commission has brought to light the social taboos and broken stereotypes.
 It has taken a leading role in the discussion around women’s rights and advancements.
 It has also talked about discrimination and inequalities faced by women and girls everywhere.
 The annual session of the Commission is the largest congregation of women’s rights advocates
from all over the globe.
 At the end of the two-week session, the CSW comes up with ‘Agreed Conclusions’, for
governments, national human rights institutions, the UN system, the private sector, civil society,
employer organisations, trade unions, media, etc

UN Women
UN Women is the United Nations entity dedicated to gender equality and the empowerment of
women. A global champion for women and girls, UN Women was established to accelerate progress on
meeting their needs worldwide. Established in 2010 by the United Nations General Assembly, UN
Women works globally to advance women's rights, promote gender equality, and support efforts to
achieve sustainable development.

UN Women supports UN Member States as they set global standards for achieving gender equality,
and works with governments and civil society to design laws, policies, programmes and services
needed to ensure that the standards are effectively implemented and truly benefit women and girls
worldwide. It works globally to make the vision of the Sustainable Development Goals a reality for
women and girls and stands behind women’s equal participation in all aspects of life, focusing on four
strategic priorities:

 Women lead, participate in and benefit equally from governance systems

 Women have income security, decent work and economic autonomy
 All women and girls live a life free from all forms of violence

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  Women and girls contribute to and have greater influence in building sustainable peace and
resilience, and benefit equally from the prevention of natural disasters and conflicts
and humanitarian action
UN Women also coordinates and promotes the UN system’s work in advancing gender equality,
and in all deliberations and agreements linked to the 2030 Agenda. The entity works to position
gender equality as fundamental to the Sustainable Development Goals, and a more inclusive world.

Historical perspective
For many years, the United Nations faced serious challenges in its efforts to promote gender
equality globally, including inadequate funding and no single recognized driver to direct UN activities
on gender equality issues. In July 2010, the United Nations General Assembly created UN Women, the
United Nations Entity for Gender Equality and the Empowerment of Women, to address such
challenges. In doing so, UN Member States took an historic step in accelerating the Organization’s
goals on gender equality and the empowerment of women. The creation of UN Women came about as
part of the UN reform agenda, bringing together resources and mandates for greater impact. It merges
and builds on the important work of four previously distinct parts of the UN system, which focused
exclusively on gender equality and women’s empowerment:

 Division for the Advancement of Women (DAW)

 International Research and Training Institute for the Advancement of Women (INSTRAW)
 Office of the Special Adviser on Gender Issues and Advancement of Women (OSAGI)
 United Nations Development Fund for Women (UNIFEM)

GOALS
UN Women is empowered to:

 support intergovernmental bodies, such as the Commission on the Status of Women, in their
formulation of policies, global standards, and norms
 help UN member states implement the above standards
 enable member states to hold the UN system accountable for its own commitments on gender
equality, including regular monitoring of system-wide progress

Key aspects of UN Women's role:

1. Normative Advocacy: UN Women engages in normative advocacy to promote gender equality

and women's rights on the global stage. It works to ensure that gender perspectives are
integrated into international agreements, policies, and frameworks, advocating for the
adoption and implementation of laws and policies that promote women's rights.
2. Policy Development: UN Women supports governments and other stakeholders in developing
and implementing gender-responsive policies and programs. It provides technical assistance,
capacity-building support, and expertise to help countries integrate gender equality into their
development agendas and national policies.
3. Data and Research: UN Women conducts research and collects data on gender issues to
inform policy and programming. It produces reports, studies, and analyses on various aspects
of gender equality, including violence against women, women's economic empowerment,
political participation, and gender-responsive budgeting.
4. Program Implementation: UN Women implements programs and initiatives to advance
gender equality and women's empowerment at the national, regional, and global levels. It
works with governments, civil society organizations, and other partners to address key

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 challenges facing women and girls, such as violence, discrimination, poverty, and limited access
to education and healthcare.
5. Capacity Building: UN Women provides training, technical assistance, and capacity-building
support to governments, civil society organizations, and other partners to strengthen their
ability to promote gender equality and women's empowerment. It helps build institutional
capacity, develop gender-sensitive policies and programs, and enhance data collection and
analysis on gender issues.
6. Advocacy and Awareness-raising: UN Women advocates for gender equality and women's
rights through public awareness campaigns, media outreach, and advocacy efforts. It works to
raise awareness about the importance of gender equality, challenge harmful gender
stereotypes and norms, and mobilize support for women's rights and empowerment.
7. Coordination and Partnerships: UN Women coordinates with other UN agencies,
governments, civil society organizations, and other stakeholders to promote collaboration and
partnerships on gender equality and women's empowerment. It works to ensure coherence
and coordination of efforts to advance gender equality within the UN system and beyond.

Overall, UN Women plays a critical role in driving progress towards gender equality and women's
empowerment worldwide, working towards a world where women and girls have equal rights,
opportunities, and access to resources and decision-making.

UN Initiatives To Protect Older People

The United Nations (UN) has implemented several initiatives to protect and promote the rights
and well-being of older people globally. Here are some of the key initiatives and frameworks:

1. Madrid International Plan of Action on Ageing (MIPAA)

Adopted in 2002, MIPAA aims to address the opportunities and challenges of population aging in
the 21st century and to promote the development of a society for all ages. It focuses on three priority
directions:

 Older persons and development

 Advancing health and well-being into old age
 Ensuring enabling and supportive environments

2. United Nations Principles for Older Persons

Adopted by the General Assembly in 1991, these principles provide guidance for policymakers
to incorporate older persons into national policies. The principles are based on independence,
participation, care, self-fulfilment, and dignity.

3. Sustainable Development Goals (SDGs)

The SDGs, particularly Goal 3 (Good Health and Well-being) and Goal 10 (Reduced
Inequalities), include targets that directly and indirectly benefit older people by aiming to ensure
healthy lives and promote well-being for all ages, as well as reducing inequalities within and among
countries.

4. United Nations Decade of Healthy Ageing (2021-2030)

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This initiative is a concerted global effort, led by the World Health Organization (WHO) and supported
by the UN, to improve the lives of older people, their families, and the communities in which they live.
It focuses on four areas for action:

 Changing how we think, feel, and act towards age and aging
 Developing communities in ways that foster the abilities of older people
 Delivering person-centered integrated care and primary health services responsive to older
people
 Providing older people with access to long-term care when they need it

5. Convention on the Rights of Older Persons (Proposed)

There have been ongoing discussions and advocacy for a dedicated international legal
instrument to protect the rights of older persons. While not yet adopted, a convention would provide
a comprehensive framework to address the specific rights and needs of older people.

6. UN Open-Ended Working Group on Ageing (OEWG)

Established in 2010, the OEWG considers the existing international framework and identifies
possible gaps and ways to enhance the protection of the human rights of older persons. It also
explores the feasibility of further instruments and measures.

7. Global Report on Ageism (2021)

The WHO, in collaboration with the Office of the High Commissioner for Human Rights
(OHCHR), the UN Department of Economic and Social Affairs (UNDESA), and the UN Population Fund
(UNFPA), published this report to raise awareness about ageism and propose strategies to combat it.

8. International Day of Older Persons

Observed on October 1st each year, this day aims to raise awareness about the issues affecting
older people and to appreciate their contributions to society. It also serves as an opportunity to
highlight the various initiatives and efforts by the UN and its partners.

These initiatives reflect the UN's commitment to addressing the multifaceted challenges faced by
older persons and ensuring that they can lead dignified, healthy, and secure lives.

9. The UN Decade of Healthy Ageing (2021-2030)

This initiative seeks to improve the lives of older people, their families, and communities by
promoting healthy ageing and addressing ageism. The World Health Organization (WHO) leads this
initiative, focusing on creating age-friendly environments, improving access to integrated care, and
promoting long-term care services. The Decade aims to galvanize international action and foster
collaboration among governments, civil society, and the private sector (World Health Organization
(WHO)) (World Health Organization (WHO)).

10. United Nations Principles for Older Persons

Adopted in 1991, these principles outline the rights of older persons in areas such as independence,
participation, care, self-fulfilment, and dignity. They encourage governments to incorporate these

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principles into their national programs to ensure older people can live with security and dignity
(OHCHR).

11. Protection of Human Rights of Older Persons

The UN Office of the High Commissioner for Human Rights (OHCHR) works to highlight and address
the human rights challenges faced by older people. This includes combating ageism, ensuring access
to healthcare, social protection, and creating policies that allow older people to participate fully in
society. The OHCHR emphasizes the need for a dedicated international instrument to better protect
the rights of older persons (UN News) (OHCHR).

12. Ageing and the 2030 Agenda for Sustainable Development

The UN's 2030 Agenda recognizes the importance of addressing the needs and rights of older persons
to achieve sustainable development. It calls for their inclusion in efforts to reduce poverty, ensure
good health, achieve gender equality, and promote decent work and economic growth. This approach
sees older persons as active agents of change rather than just beneficiaries of care(UNDP).

The United Nations Principles for Older Persons were adopted by the UN General Assembly
(Resolution 46/91) on 16 December 1991. Governments were encouraged to incorporate them into
their national programmes whenever possible. There are 18 principles, which can be grouped under
five themes: independence, participation, care, self-fulfilment and dignity.

The Principles acknowledge:

 The tremendous diversity in the situations of older persons, not only between countries but
within countries and between individuals;
 That individuals are reaching an advanced age in greater numbers and in better health than
ever before;
 That scientific research disproves many stereotypes about inevitable and irreversible decline
with age;
 That in a world characterized by an increasing number and proportion of older persons,
opportunities must be provided for willing and capable older persons to participate in and
contribute to the ongoing activities of society;
 That the strain on family life in both developed and developing countries requires support for
those providing care to frail older persons.

The Older People’s Commissioner for Wales is legally obliged to have regard to these Principles and is
pleased to do so. They are Principles which should be considered by all organisations and regarded as
a framework for their treatment of older people.

Independence

 Older persons should have access to adequate food, water, shelter, clothing and health care
through the provision of income, family and community support and self-help.
 Older persons should have the opportunity to work or to have access to other income-
generating opportunities.
 Older persons should be able to participate in determining when and at what pace withdrawal
from the labour force takes place.

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  Older persons should have access to appropriate educational and training programmes.
 Older persons should be able to live in environments that are safe and adaptable to personal
preferences and changing capacities.
 Older persons should be able to reside at home for as long as possible.

Participation

 Older persons should remain integrated in society, participate actively in the formulation and
implementation of policies that directly affect their well-being and share their knowledge and
skills with younger generations.
 Older persons should be able to seek and develop opportunities for service to the community
and to serve as volunteers in positions appropriate to their interests and capabilities.
 Older persons should be able to form movements or associations of older persons.

Care

 Older persons should benefit from family and community care and protection in accordance
with each society’s system of cultural values.
 Older persons should have access to health care to help them to maintain or regain the
optimum level of physical, mental and emotional well- being and to prevent or delay the onset
of illness.
 Older persons should have access to social and legal services to enhance their autonomy,
protection and care.
 Older persons should be able to utilize appropriate levels of institutional care providing
protection, rehabilitation and social and mental stimulation in a humane and secure
environment.
 Older persons should be able to enjoy human rights and fundamental freedoms when residing
in any shelter, care or treatment facility, including full respect for their dignity, beliefs, needs
and privacy and for the right to make decisions about their care and the quality of their lives.

Self-Fulfilment

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

Dignity

 Older persons should be able to live in dignity and security and be free of exploitation and
physical or mental abuse.
 Older persons should be treated fairly regardless of age, gender, racial or ethnic background,
disability or other status, and be valued independently of their economic contribution.

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 International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families 1990
The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, adopted on December 18, 1990, and entering into force on July 1, 2003,
is a comprehensive international treaty focusing on the protection of the rights of migrant workers
and their families. The convention aims to establish international standards for the treatment,
welfare, and rights of migrant workers, regardless of their status, and sets forth the obligations of the
states that host them.

Key Provisions

 Equality of Treatment: Migrant workers are entitled to the same treatment as nationals in
terms of remuneration, working conditions, and social security (Articles 25, 27).
 Right to Information: Migrant workers must be informed of their rights and the conditions of
their stay in the host country (Article 37)
 Freedom of Movement and Residence: Migrant workers have the right to move freely and
choose their residence within the host state (Article 39)
 Right to Form Associations: Migrant workers can form associations and trade unions to
protect their interests (Article 40)
 Political Participation: States should facilitate migrant workers' participation in public affairs
of their home country (Article 41)
 Human Rights Protection: Guarantees basic human rights for all migrant workers, regardless
of their legal status. This includes protection from violence, exploitation, and abuse.
 Rights to Education and Healthcare: Provides the right to access education and healthcare
services for migrant workers and their families.
 Freedom from Discrimination: Prohibits discrimination based on nationality, race, gender,
religion, and other statuses.
 Labour Rights: Covers a range of labour rights, including the right to form and join trade
unions, fair wages, safe working conditions, and protection against unfair dismissal.
 Family Unity: Emphasizes the importance of maintaining family unity and ensuring that
migrant workers' families are allowed to join them and receive the same protections (Article
44)
 Legal and Social Protections: Ensures access to legal and social protections, including access
to legal representation and the right to participate in cultural life.
 Protection Against Arbitrary Expulsion: Migrant workers can only be expelled from the host
country following a decision by a competent authority in accordance with the law (Article 22)

Implementation and Challenges

The Convention provides a normative framework for the protection of migrant workers' rights
and requires states parties to adopt appropriate measures to implement its provisions. As of October
2021, 56 countries had ratified or acceded to the Convention. However, the implementation of the
Convention remains a challenge in many countries due to varying national policies and the need for
more robust enforcement mechanisms.

The Convention is crucial in addressing the exploitation and abuse faced by migrant workers
worldwide. It aims to ensure that migrant workers enjoy the same rights and protections as nationals,
thereby promoting social justice and equality. The Convention also highlights the need for
international cooperation to manage migration effectively and humanely.

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 Convention relating to the Status of Refugees,1954.
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee
Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that
defines who a refugee is and sets out the rights of individuals who are granted asylum and the
responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify
as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders
of refugee travel documents issued under the convention.
This convention was enshrined in Article 78 of the Treaty on the Functioning of the European Union.
The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights,
which recognizes the right of persons to seek asylum from persecution in other countries. A refugee
may enjoy rights and benefits in a state in addition to those provided for in the Convention.
The rights created by the Convention generally still stand today. Some have argued that the complex
nature of 21st century refugee relationships calls for a new treaty that recognizes the evolving nature
of the nation-state, economic migrants, population displacement, environmental migrants, and
modern warfare. Nevertheless, ideas like the principle of non-refoulement (non-returning of refugees
to dangerous countries) (Article 33) are still applied today, with the 1951 Convention being the
source of such rights.
Rights and responsibilities of parties
In the general principle of international law, treaties in force are binding upon the parties to it and
must be performed in good faith. Countries that have ratified the Refugee Convention are obliged to
protect refugees that are on their territory in accordance with its terms. There are a number of
provisions to which parties to the Refugee Convention must adhere.
Refugees shall

 abide by the national laws of the contracting states (Article 2)

The contracting states shall

 Exempt refugees from reciprocity (Article 7): That means that the granting of a right to a refugee
should not be subject to the granting of similar treatment by the refugee's country of nationality,
because refugees do not enjoy the protection of their home state.
 be able to take provisional measures against a refugee if needed in the interest of essential
national security (Article 9)
 respect a refugee's personal status and the rights that come with it, particularly rights related to
marriage (Article 12)
 provide free access to courts for refugees (Article 16)
 provide administrative assistance for refugees (Article 25)
 provide identity papers for refugees (Article 27)
 provide travel documents for refugees (Article 28)
 allow refugees to transfer their assets (Article 30)
 provide the possibility of assimilation and naturalization to refugees (Article 34)
 Cooperate with the UNHCR (Article 35) in the exercise of its functions and help the UNHCR to
supervise the implementation of the provisions in the Convention.[17]
 Provide information on any national legislation they may adopt to ensure the application of the
Convention (Article 36).
 settle disputes they may have with other contracting states at the International Court of Justice if
not otherwise possible (Article 38)

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The contracting states shall not

 discriminate against refugees (Article 3)

 take exceptional measures against a refugee solely on account of his or her nationality (Article 8)
 expect refugees to pay taxes and fiscal charges that are different from those of nationals (Article
29)
 impose penalties on refugees who entered illegally in search of asylum if they present themselves
without delay (Article 31), which is commonly interpreted to mean that their unlawful entry and
presence ought not to be prosecuted at all[18]
 expel refugees (Article 32)
 Forcibly return or "refoul" refugees to the country they have fled from (Article 33). It is widely
accepted that the prohibition of forcible return is part of customary international law. This means
that even states that are not party to the 1951 Refugee Convention must respect the principle of
non-refoulement. Therefore, states are obligated under the Convention and under customary
international law to respect the principle of non-refoulement. If this principle is threatened,
UNHCR can respond by intervening with relevant authorities and, if it deems necessary, will
inform the public.[17]
Refugees shall be treated at least like nationals in relation to

 freedom to practice their religion (Article 4)

 the respect and protection of artistic rights and industrial property (Article 14)
 rationing (Article 20)
 elementary education (Article 22)
 public relief and assistance (Article 23)
 labour legislation and social security (Article 24)
Refugees shall be treated at least like other non-nationals in relation to

 movable and immovable property (Article 13)

 the right of association in unions or other associations (Article 15)
 wage-earning employment (Article 17)
 self-employment (Article 18)
 practice of the liberal professions (Article 19)
 housing (Article 21)
 education higher than elementary (Article 22)
 the right to free movement and free choice of residence within the country (Article 26)
Brief introduction to International Humanitarian law
International Humanitarian Law (IHL), also known as the laws of war or the law of armed conflict, is a
set of rules that seek to limit the effects of armed conflict for humanitarian reasons. It protects
persons who are not or are no longer participating in the hostilities and restricts the means and
methods of warfare.

International humanitarian law is inspired by considerations of humanity and the mitigation of

human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to
protect persons and property/objects that are or may be affected by armed conflict, and it limits the
rights of parties to a conflict to use methods and means of warfare of their choice. Sources of
international law include international agreements (the Geneva Conventions), customary
international law, general principles of nations, and case law. It defines the conduct and

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responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation
to each other and to protected persons, usually meaning non-combatants. It is designed to balance
humanitarian concerns and military necessity, and subjects’ warfare to the rule of law by limiting its
destructive effect and alleviating human suffering. Serious violations of international humanitarian
law are called war crimes.

Historical Background

Early Principles and Historical Documents

The roots of IHL can be traced back to ancient civilizations, which had their own principles of warfare.
For instance, the Code of Hammurabi and the teachings of Sun Tzu included rules intended to limit the
brutality of warfare. However, the formalization of these principles into international law began with
key documents such as the Lieber Code during the American Civil War and The Hague Conventions
at the turn of the 20th century.

1. Geneva Conventions

The Geneva Conventions, first adopted in 1864, are central to IHL. These conventions have been
expanded and revised to address various aspects of armed conflict, ensuring broader protection for
those affected by war. The International Committee of the Red Cross (ICRC) has played a pivotal role
in the development and dissemination of IHL.

Fundamental Principles of IHL

IHL is founded on four core principles:

1. Distinction: Parties to a conflict must distinguish between combatants and non-combatants

and between military objectives and civilian objects.
2. Proportionality: Prohibits attacks that may cause excessive civilian harm relative to the
anticipated military advantage.
3. Necessity: Allows measures necessary to achieve a legitimate military objective but restricts
those causing unnecessary suffering.
4. Humanity: Mandates humane treatment of all individuals, prohibiting torture, cruel treatment,
and other forms of inhumane conduct.

Main Components of IHL

Protection of Non-Combatants

One of the primary objectives of IHL is the protection of non-combatants, including civilians, medical
personnel, and aid workers who are not participating in hostilities. IHL provides comprehensive
protections to ensure their safety and well-being during armed conflicts.

Protection of Combatants Who Are Hors de Combat

IHL also protects combatants who are no longer participating in hostilities, such as the wounded, sick,
and shipwrecked soldiers, as well as prisoners of war. These individuals must be treated humanely
and are entitled to respect for their lives and dignity.

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Restrictions on Means and Methods of Warfare

IHL imposes restrictions on the use of certain weapons and methods of warfare. Prohibited weapons
include chemical, biological, and nuclear weapons due to their indiscriminate nature and potential for
causing unnecessary suffering. IHL also outlines rules on targeting and the conduct of hostilities to
minimize harm to civilians and civilian objects.

Geneva Conventions and Additional Protocols

The Geneva Conventions consist of four treaties formulated to protect the victims of armed conflicts:

1. First Geneva Convention: Protection of wounded and sick soldiers on land.

2. Second Geneva Convention: Protection of wounded, sick, and shipwrecked military personnel
at sea.
3. Third Geneva Convention: Treatment of prisoners of war.
4. Fourth Geneva Convention: Protection of civilians during times of war.

The Additional Protocols I and II, adopted in 1977, further develop and supplement the Geneva
Conventions, addressing international and non-international armed conflicts, respectively.

2. International Humanitarian Law and Human Rights Law

IHL and human rights law are distinct but complementary bodies of law. While IHL applies specifically
during armed conflicts, human rights law applies at all times, including in peacetime. Both legal
frameworks aim to protect individuals and ensure their dignity and rights. The interaction between
these two bodies of law enhances the overall protection afforded to individuals during conflicts.

Implementation and Enforcement of IHL

Role of States and Non-State Actors

The implementation of IHL relies on the commitment of states and non-state actors to adhere to its
principles. States are primarily responsible for incorporating IHL into their national legislation and
ensuring compliance by their armed forces.

Mechanisms for Enforcement

Enforcement mechanisms for IHL include national courts, international tribunals, and the
International Criminal Court (ICC). These bodies are tasked with investigating and prosecuting
serious violations of IHL, such as war crimes, crimes against humanity, and genocide.

Case Studies

World War II

The atrocities committed during World War II, including the Holocaust and the widespread use of
indiscriminate bombings, highlighted the need for stronger international legal frameworks to protect
civilians and combatants. The Geneva Conventions of 1949 were significantly influenced by the
experiences and lessons of World War II.

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Vietnam War

The Vietnam War raised important questions about the application of IHL, particularly concerning the
use of chemical agents like Agent Orange and the targeting of civilian populations. The war
underscored the necessity of adhering to the principles of distinction and proportionality.

Rwandan Genocide

The Rwandan Genocide of 1994, in which approximately 800,000 people were killed in a span of 100
days, showcased the catastrophic consequences of failing to protect civilians and prevent mass
atrocities. The international community's response highlighted the need for effective enforcement of
IHL and accountability for perpetrators.

Yugoslav Wars

The conflicts in the former Yugoslavia during the 1990s resulted in significant violations of IHL,
including ethnic cleansing, mass killings, and the destruction of cultural heritage. The establishment of
the International Criminal Tribunal for the former Yugoslavia (ICTY) marked a significant step in
addressing war crimes and ensuring justice for victims.

Recent Conflicts (Syria, Yemen)

Contemporary conflicts in Syria and Yemen have posed significant challenges to the enforcement of
IHL. These conflicts have seen widespread violations, including indiscriminate attacks on civilians, the
use of prohibited weapons, and the targeting of medical facilities. The international community
continues to grapple with how to effectively address these violations and protect affected populations.

Challenges and Contemporary Issues in IHL

Non-International Armed Conflicts and Non-State Actors

The rise of non-international armed conflicts and the involvement of non-state actors, such as
terrorist groups, pose unique challenges to the application and enforcement of IHL. These actors often
do not adhere to the established rules of war, complicating efforts to protect civilians and ensure
accountability.

Asymmetric Warfare and Terrorism

Asymmetric warfare, characterized by conflicts between state and non-state actors with unequal
military capabilities, has become increasingly common. The use of unconventional tactics and
targeting of civilians by terrorist groups further complicates the application of IHL.

Technological Advancements in Warfare

Technological advancements, such as the use of drones and cyber warfare, present new challenges for
IHL. Drones, for instance, raise questions about compliance with the principles of distinction and
proportionality, while cyber warfare introduces the potential for new forms of harm to civilians and
civilian infrastructure.

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Protection of Cultural Property in Armed Conflict

The destruction of cultural property during armed conflicts, as seen in places like Syria and Iraq,
highlights the need for stronger enforcement of IHL provisions protecting cultural heritage. The
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its
protocols aim to safeguard cultural property, but challenges remain in ensuring compliance.

Gender and IHL

Gender considerations are increasingly recognized as essential to IHL. Women and girls often face
unique challenges during armed conflicts, including sexual violence and discrimination. Efforts to
integrate gender perspectives into IHL aim to ensure more effective protection and address the
specific needs of women and girls in conflict situations.

The Role of International Organizations and NGOs

International Committee of the Red Cross (ICRC)

The ICRC plays a crucial role in promoting and ensuring respect for IHL. It provides humanitarian
assistance, monitors compliance with IHL, and engages in dialogue with parties to conflicts to
promote adherence to international standards.

United Nations and Its Agencies

Various UN agencies, including the Office for the Coordination of Humanitarian Affairs (OCHA) and the
United Nations High Commissioner for Refugees (UNHCR), work to ensure the protection of civilians
and the delivery of humanitarian aid during conflicts. The UN also supports the implementation of IHL
through its peacekeeping missions and diplomatic efforts.

Human Rights Organizations

Human rights organizations, such as Amnesty International and Human Rights Watch, document
violations of IHL, advocate for accountability, and raise awareness about the importance of protecting
civilians in armed conflicts.

3. Future of International Humanitarian Law

Strengthening IHL

Efforts to strengthen IHL include the development of new treaties and protocols to address emerging
challenges, such as cyber warfare and the use of autonomous weapons. Strengthening the
mechanisms for monitoring and enforcing compliance with IHL is also crucial.

Proposed Reforms

Proposed reforms to IHL focus on enhancing the protection of civilians, improving the accountability
of non-state actors, and addressing the impact of technological advancements on the conduct of
hostilities.

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International Cooperation and Diplomacy

International cooperation and diplomacy play a vital role in the future of IHL. States must work
together to promote adherence to IHL, support humanitarian efforts, and ensure that those who
violate IHL are held accountable.

Basic rules of IHL

1. Protected persons are those hors de combat (outside of combat) or not taking part in
hostilities in a situation of armed conflict, and shall be protected in all circumstances.
Excluding from the list of protected persons in international armed conflict are civilians under
their own national authority and neutral citizens living in belligerent territory and co-
belligerent persons as long their state of nationality maintains diplomatic relations with a
belligerent power.
2. Protected persons who are wounded and sick shall be cared for and protected by the party to
the conflict which has them in its power. The emblem of the "Red Cross", or of the "Red
Crescent," shall be required to be respected as the sign of protection.
3. Protected persons captured by a belligerent must be protected against acts of violence and
reprisals. They shall have the right to correspond with their families and to receive relief.
4. No protected person shall be subjected to torture or to cruel, inhuman, or degrading treatment
or punishment.
5. Parties to a conflict do not have an unlimited choice of methods and means of warfare.
6. Parties to a conflict shall at all times distinguish between enemy combatants and protected
persons. Attacks shall be directed solely against legitimate military targets.
Examples
Well-known examples of such rules include the prohibition on
attacking doctors or ambulances displaying a red cross. It is also prohibited to fire at a person or
vehicle bearing a white flag, since that, being considered the flag of truce, indicates intent to surrender
or a desire to communicate. In either cases, the persons protected by the Red Cross or the white flag
are expected to maintain neutrality, and may not engage in warlike acts themselves; engaging in war
activities under a white flag or a red cross is itself a violation of the laws of war.
These examples of the laws of war address:

 Declarations of war;
 Acceptance of surrender;
 The treatment of prisoners of war;
 The avoidance of atrocities;
 The prohibition on deliberately attacking non-combatants; and
 The prohibition of certain inhumane weapons.
It is a violation of the laws of war to engage in combat without meeting certain requirements, among
them the wearing of a distinctive uniform or other easily identifiable badge, and the carrying of
weapons openly. Impersonating soldiers of the other side by wearing the enemy's uniform is allowed,
though fighting in that uniform is unlawful perfidy, as is the taking of hostages.

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