H U M A N R I G H T S E D U C AT I O NO R I E N TAT I O N A N D T O T

A P R I L 1 2 T H 2 0 1 1

RELIGIOUS RIGHTS AND WOMEN’S RIGHTS AS

HUMAN RIGHTS

INTRODUCTION

• Brainstorming session• Indivisibility of human rights• Significance of sectoral rights• Intersectionality of rights• Using case study and small group discussion

HUMAN RIGHTS OF MARGINALISED GROUPS

• Women, religious minorities, discriminated castes, tribal population, racial minorities, differences in place of birth• New areas sexual orientation and disability• Special provisions• Non discrimination• Guarantees of equality

WOMEN

• Human rights• Constitutional provisions• International conventions• Movements• landmark judgments

WOMEN: HUMAN RIGHTS

• Need for specific provisions• Formal and substantive equality• Need to accommodate differences• Capabilities assessment• Stereotypes• Group and individual identity• Suffer for an feature that they cannot control

WOMEN: CONSTITUTIONAL PROVISIONS

• Article 14: Right to equality and the equal protection of the law• Article 15: state shall not discriminate only on

ground of sex, religion… or any of them• Article 15(3): Nothing in this article shall prevent

the State from making any special provision for women and children

CONSTITUTIONAL PROVISIONS

• Special reservation in panchayats, municipal bodies• 243 D and 243T. Articles 243 D and 243 T are

found in Part IX and IX A of the Constitution• Right to life• Reading rights together-14,15,21

INTERNATIONAL CONVENTIONS

• Convention on the Elimination of all forms of Discrimination against Women, 1979• Article 1. For the purposes of the present Convention,

the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

INTERNATIONAL CONVENTIONS

• UDHR• Art. 2- Para (I) :

Everyone is entitled to all the rights and freedoms set forth in this Declaration,without distinction of any kind, such as race, colour, sex, language, religion, political, or other opinion, national or social origin, property, birth or other status.

• ICESRArt. 3 :The State shall ensure the equal rights of

men and women to the enjoyment of all economic, social and cultural rights.

Art. 7:The States to recognize the right ofequal pay for equal work for both man and woman

MOVEMENTS

• Women’s movement in India advocating reform in criminal law, succession law, labour law, constitutional law, personal law• Responsible for several legislations like the

Domestic violence Act• Towards equality reports• Shram Shakti report

LANDMARK JUDGEMENTS

• Vishakha vs. State of Rajasthan AIR 1997 SC 3011 • State of AP vs. P B Vijayakumar, 1994 SC 544, • Messrs Mackinnon Mackenzie and Company

Limited vs. Audrey D’Costa and Another, 1987 AIR (SC) 1281 • C B Muthamma vs. Union of India, AIR 1979 SC

1868, • Githa Hariharan vs. Reserve Bank of India (1999 2

SCC 228) • Municipal Corporation of Delhi vs. Female Workers

(Muster Roll) and another, 2000

LEGISLATIONS FOLLOWING RIGHTS

• Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994,• Prevention of Domestic Violence Act 2006.• The Prohibition of Child Marriage Act, 2006• Sexual Harassment bill, 2010• Equal Remuneration Act, 1976• Amendments to the Hindu Succession Act, 2005

RELIGIOUS FREEDOMS AND HUMAN RIGHTS

• Everyone has the right to freedom ofthought, conscience and religion; thisright includes freedom to change hisreligion or belief, and freedom, eitheralone or in community with other and inpublic or private, to manifest his religionor belief in teaching, practice, worshipand observance. (Art 18 UDHR)

CONSTITUTIONAL PROVISIONS

• A.25: Freedom of conscience, profession practice and propogation of religion• Subject to public order, morality and health• And the other parts of this constitution i.e other

fundamental rights• Nothing shall prevent the state from making any

law restricting economic, financial, political or other secular activity

CONSTITUTIONAL PROVISIONS

• Providing for social welfare and reform• A.26: religious denomination rights• A.27: Freedom from taxes for promoting any

religion• A.28 freedom for attendance at religious

instruction or religious worship in educational institution wholly maintained out of state funds

CONSTITUTIONAL PROVISIONS

• A.30 Protection of interests of minorities including religious minorities

CONFLICT OF RIGHTS

• Religious freedoms vs. securalism• Religious freedoms vs. other fundamental rights

especially right to equality, freedoms of speech and expression

LAND MARK JUDGMENTS

• National anthem case• Conflict between religious freedoms, freedom of

speech and expression and duty towards state• Fundamental duties:51A• It shall be the duty of every citizen of India to

abide by the Constitution and respect its ideals and institutions, the National flag and the national anthem.

CASE STUDY

• A muslim student of a government school is asked to leave the school as she comes to school wearing a veil. A notification was issued by the state government that students are not allowed to display any religious symbols while in school.• Discuss the rights affected by this decision• Discuss as an administrator/teacher how you will

justify your decision as a secular decision

THANK YOU