HUMAN RIGHTS

BY

SYNDICATE GROUP : 09

DEFINITION

Human Rights are the Rights that all people have by virtue of Human Beings.

Human Rights are derived from the inherent DIGNITY of the human person and are defined internationally, nationally and locally by various law making bodies.

CONCEPT OF HUMAN RIGHTS

CONCEPT OF H. R.

NOTIONAL INTERNATIONAL NATIONAL

CONCEPT OF HUMAN RIGHTS HAS LONG HISTORY AND MANY MILE STONES

HUMAN RIGHTS : IMPORTANT IN ALL CIVILIZED SOCIETY

FIRST BILL OF HUMAN RIGHTS : FROM THE REIGN OF CYRUS THE GREAT( 555-529 BC)

MAGNACARTA 1215 THE GREAT CHARTER OF LIBERTIES TO MAKE PEACE BETWEEN UNPOPULAR KING JOHN AND A GROUP OF REBEL BARONS

FOUNDATION OF MODERN HUMAN RIGHTS : ENGLISH BILL OF RIGHT (1688)

The Bill of Rights lays down limits on the powers of the monarch and sets out the rights of Parliament, including the requirement for regular parliaments, free elections, and freedom of speech in Parliament. It sets out certain rights of individuals including the prohibition of cruel and unusual punishment and reestablished the liberty of Protestants to have arms for their defence within the rule of law.

THE AMERICAN INDEPENDENCE (1776) AND INCLUSION OF THE BILL OF RIGHTS IN THE UNITED STATES CONSTITUTION (1791)

This Bill guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public

THE FRENCH DECLARATION OF RIGHTS OF MAN AND OF THE CITIZEN (1789)

FUNDAMENTAL DOCUMENT OF FRENCH REVOLUTION AND IN THE HISTORY OF HUMAN AND CIVIL RIGHTS

2ND WORLD WAR : COMPELLED THE INTERNATIONAL COMMUNITY TO RETHINK ON SAFETY OF HUMAN RIGHTS

CONSTITUTION OF UNITED NATIONS ORGANIZATIONS, UN's primary purposes - "promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion", and member states pledge to undertake "joint and separate action" to protect these rights. INTERNATIONAL BILL OF HUMAN RIGHTS( NAME OF UNO GENERAL ASSEMBLY RESOLUTION ) CONSISTS THREE THINGS 1. UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) 1948 : ADOPTED BY GENERAL ASSEMBLY

2. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, 1966

3. INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS 1966

UNIVERSAL DECLARATION OF HUMAN RIGHTS ADOPTED BY GENERAL ASSEMBLY OF U.N.O. ON 10 DECEMBER 1948 IN PARIS

VIENNA DECLARATION AND PROGRAMME OF ACTION : 1993

The World Conference on Human Rights, Considering that the promotion and protection of human rights is a matter of priority for the international community

MODERN HUMAN RIGHTS JURISPRUDENCE HAS THREE BASIC PRINCIPLES THE PRINCIPLE OF UNIVERSAL INHERENCE Every human being has certain rights which inhere in him by virtue of his humanity alone THE PRINCIPLE OF INALIENABILITY No Human Rights can be deprived of any of those rights. THE RULE OF LAW Where rights conflict then conflicts must be resolved by the consistent, independent and impartial application of just Laws in accordance with just procedures.

THE PRACTICE OF SATI FORMALLY ABOLISHED : 1829 CHILD MARRIAGE PROHIBITED : 1929 INDEPENDENCE AND ESTABLISHMENT OF SOVEREIGN DEMOCRATIC REPUBLIC FUNDAMENTAL RIGHTS GIVEN BY PART 3 OF THE CONSTITUTION WHICH ARE ENFORCEABLE BY THE SUPREME COURT AND HIGH COURT. DOWRY PROHIBITION ACT SUPREME COURT RULES IN KESAVANAND BHARTI CASE : FUNDAMENTAL RIGHTS IS UNALTERABLE SUPREME COURT SAY’S IN MENKA GANDHI VS UNION OF INDIA CASE THAT THE RIGHT OF LIFE UNDER ARTICLE 21 OF THE CONSTITUTION CAN NOT BE SUSPENDED EVEN IN EMERGENCY.

SC AND ST (PREVENTION OF ATROCITIES ACT 1989)

PANCHAYATI RAJ

NHRC ESTABLISHED UNDER THE PROTECTION OF HUMAN RIGHTS ACT

RTI ACT 2005

Importance of Human Rights

Importance of Human Rights

HR are basic rights to any Human Being in civilized society.

HR are important for Democracy and Development.

HR are important in tackling social problems.

HR are important in handling ethnic violence.

HR are important in dealing with poverty.

HR are fundamental to all actions in a civilized society .

Importance of Human Rights

The Constitutional Framework of

Human Rights in India

India was a signatory to the Universal Declaration of Human Rights.

A number of fundamental rights guaranteed to

the individuals in Part Ill of the Indian Constitution are similar to the provisions of the Universal Declaration of Human Rights.

Civil and Political Rights in the Universal Declaration of Human Rights and in the lndian Constitution

Sr no.

Name of rights Universal declaration

Indian constitution

1 Equality before law Article 7 Article 14

2 Prohibition of discrimination Article 7

Article 15(1)

3 Equality of opportunity Article 21(2)

Article 16(1)

4 Freedom of speech and expression Article 19

Article 19(1)(a)

5 Freedom of peaceful assembly Article 20(1)

Article 19(1)(b)

6 Right to form associations or unions

Article 23(4)

Article 19(1)(c)

Sr no.

Name of rights Universal declaration

Indian constitution

7 Freedom of movement within the border Article 13(1) Article 19(1)(d)

8 Protection in respect of conviction for offences

Article 11(2) Article 22

9 Protection of life and personal liberty Article 3

Article 21

10 Protection of slavery and forced labour Article 4 Article 23

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

12 Remedy for enforcement of rights Article 8 Article 32

13 Right against arbitrary arrest and detention

Article 9 Article 22

14 Right to social security Article 22 Article 29 (1)

Economic, Social and Cultural Rights in the Universal Declaration of Human Rights and in the lndian

Constitution Sr no.

Universal declaration of rights universal declaration

Indian constitution

1 Right to work, to just and favorable conditions of work

Article 23 (1)

Article 41

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

Article 39 (d)

3 Right to education

4 Right to just and favorable 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 adequate for him and his family

Article 25(1)

Article 39(a) & Article 47

7 Right to a proper social order Article 28 Article 38

Human Rights and The Preamble The Preamble to the Constitution declares India to be a

Sovereign, Socialist, Secular and Democratic Republic. The term 'democratic' denotes that the Government gets

its authority from the will of the people. It gives a feeling that they all are equal "irrespective of

their race, religion, language, sex and culture." The Preamble to the Constitution pledges,

• Justice - social, economic and political, • Liberty - of thought, expression, belief, faith and

worship, • Equality - of status and of opportunity and • Fraternity - assuring the dignity of the individual

and • The unity and integrity - of the nation to all its

citizens.

Fundamental rights and human rights The judicially enforceable fundamental rights are enshrined in part Ill of the Constitution (Articles 14 to 35) These include,

• right to equality (Art 14 to 18), • right to freedom (Art 19 to 22), • right against exploitation (Art 23&24), • right to freedom of religion (Art 25 to 28), • cultural and educational rights (Art 29&30) • right to Constitutional remedies (Art 32 to 35).

Fundamental rights differ from ordinary rights in the sense that the former are inviolable. No law, ordinance, custom, usage, or administrative order can take

them away. Any law, which is violate of any of the fundamental right, is void.

Article 14 : the right of all persons to equality before the law, Article 15 : prohibits the State from discriminating against any

citizen on grounds of religion, race, caste, sex or place of birth, and prohibits any restriction on any citizen's access to any public place, including wells and tanks. Article 16 : Equality of opportunity for all citizens in matters of

pubic employment is guaranteed under.

Article 17 : abolishes untouchability and makes its practice and offence punishable under law Article 18 : abolishes all non-military or non-academic titles. Article 19 : The right to freedom; includes the right to freedom of speech and expression, the right to assemble peaceably without arms, the right to form associations or unions, the right to move freely throughout the territory of India, the right of residence, the right to practice any profession.

Article 21 : The core of all fundamental rights provisions in the Indian Constitution, "No person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21(A) : Free and compulsory education to all children of the age of six to fourteen years Article 22 : The rights of a person, arrested and detained by the State authorities,

These include the, • right to be informed of the grounds of arrest, • the right to legal advice and the right to be

produced before a magistrate within 24 hours of arrest.

Article 23: The right against exploitation includes prohibition of trafficking in human beings and forced labor and child labor. Article 25 : freedom of conscience and the right to profess, practice and propagate religion. Article 26 : right to establish and maintain religious institutions and manage their Religious Affairs. Article 27 : No one may be compelled to pay any religious taxes. Article 29 : The rights to promote distinct language, script or culture, to have access to State- funded educational institutions

Article 30 : to establish and maintain educational institutions. Article 32 : The right to Constitutional remedies. It is essentially the right to move the Supreme Court of India for enforcement of the above rights.

The rights available to the citizens of India through judicial decisions, though they are not specifically mentioned in the Constitution. 1. Right to travel abroad (Article 21) 2. Right to privacy (Articles 21 and 19 (1) (d)) 3. Right against solitary confinement 4. Right to human dignity 5. Right to free legal aid in a criminal trial 6. Right to speedy trial 7 Right against handcuffing

8 Right against delayed execution 9 Right against custodial violence 10 Right against public hanging 11 Right to health care or doctor’s assistance 12 Right to shelter 13 Right to pollution free environment

14 Freedom of the press 15 Right to know (RTI) 16 Right to compensation 17 Right to release and rehabilitation of bonded labor

Directive Principles of State Policy and Human Rights

Judicially non-enforceable rights in Part IV of the Constitution.

However, their judicial non-enforceability does not weaken the duty of the State to apply them in making laws,

Article 38 securing a social order, eliminate all

inequalities, Article 39 (a) ensuring of equal justice and free legal aid, Article 39 (b) distribution of ownership, Article 39 (c) prevention of concentration of wealth, Article 39 (d) securing equal pay for equal work for both men and women, Article 39 (e) preventing abuse of labor, including child labor Article 39 (f) ensuring of child development,

Article 40 Organization of village democracies, Article 41 provision of the right to work, education and public assistance in case of unemployment, old age sickness and disability, Article 42 provision of humane conditions of work, Article 43 living wage and a decent standard of

life, Article 44 provision of a uniform civil code, Article 45 provide early childhood care and education for all children until they complete the age of six years,

Article 46 promotion of educational and economic interest of the weaker sections of the people and their protection from injustice and all forms of exploitation, Article 47 raising the standard of living, improving the level of nutrition and public health and prohibition of intoxicating drinks and of drugs, Article 48 scientific reorganization of animal husbandry and agriculture, Article 48(A) conservation of environment, forests and wildlife, Article 51 promotion of international peace

and security.

Fundamental Duties and Human Rights

Part IV(A) of the Constitution embodies the

Eleven Fundamental duties of every Indian citizen (Article 51-A).

These are: • The duties to respect the Constitution and its

institutions, • To live by the noble ideals of the freedom

struggle, • To protect the sovereignty and integrity of India, • To promote communal harmony, • To renounce practices derogatory to the dignity

of women, • To preserve the cultural heritage, • To protect and improve the natural environment,

• To have compassion for living creatures,

• To develop the scientific temper, • To safeguard public property and

abjure violence, • To strive towards excellence in all

spheres of individual and collective activity,

Political Rights and Human Rights

• India is the largest representative democracy in the world, providing every Indian of at least eighteen years of age the right to vote.

• The right to vote, the right to contest elections, and the conduct of elections are all governed by the Constitution (Part XV) as well as special laws like the Representation of the People Act, 1951.

• The Constitution provides for an independent Election Commission (Article 324)

Human Rights’ Violations

Violations are everywhere in the world

HR Violations: International Perspective

Turkey : Kurds

Syria & Iraq : ISIS

Ethiopia : by Army

Nigeria : Boko Haram

Sri Lanka : Tamil issues

China : Uyghur

Reasons for HR Violations: International Perspective

War House War (sudan)

Religious Extremism (ISIS, Boko Haram)

Ethnic Issues/ problems

Racism Minority Issues

Autocracy

CASE STUDIES

ISIS : Islamic State of Iraq and Syria

Responsible for human rights abuses, war crimes and ethnic cleansing by the group on “HISTORIC SCALE”, engage in public and mass executions of Syrian and Iraqi soldiers and civilians, ISIS uses beheadings to intimidate local populations

As of June 2015, it had established official branches in Libya, Egypt (Sinai Peninsula), Saudi Arabia, Yemen, Algeria, Afghanistan, Pakistan, Nigeria and the North Caucasus

ISIS : Islamic State of Iraq and Syria

It follows an extreme interpretation of Islam, promotes religious violence, and regards those who do not agree with its interpretations as infidels

Many world leaders and government spokespeople have called ISIS a terrorist group or banned it, without their countries having formally designated it as such.

SRI LANKA The conflict in SRI LANKA has been one of the greatest offenders in Human Rights violations

LTTE are known as one of the most vicious and dangerous terrorist groups in Sri Lanka.

Group introduced suicide bombing to the world and prided itself on targeting innocent civilians

LTTE used and recruited child soldiers.

LTTE was responsible for politically motivated killings, arbitrary arrests, torture, harassment, abduction, disappearances, extortion, and detention.

SUDAN

Conflicts between the government and rebel groups — the civil war involving north-south tensions, the Darfur conflict involving Arab-tribes people tensions in the Darfur region in the west — have resulted in rape, torture, killings, and massive population displacements

Black Arab militias carry out systematic massacres of tribes people in the Darfur region. The UN estimates that 300,000 civilians in the Darfur region have been killed.

SUDAN

Sudan has one of the worst child soldier problems in the world. There are more than 17,000 child soldiers fighting on the government side or for rebel forces even after 25,000 former child soldiers had been demobilized from rebel groups in Southern Sudan

The Sudanese government appears unwilling to address the human rights crisis in the region and has not taken the necessary steps to restrict the activities of violent groups

Sudanese President Omar al Bashir, became the first sitting president to be indicted by ICC for directing a campaign of mass killing, rape, and pillage against civilians in Darfur.

MASS REBELLION

Rebellion :- DEFINITION

Types:- Non violent methods

Violent campaigns

Case Studies

Dissolution of Soviet Union in 1991

Revolutions in Serbia in 2000

Arab Spring in 2011

Rebellion in Thailand in 2013-14

ACCOUNTABILITY OF A

STATE VIS-À-VIS HUMAN

RIGHTS

However, there is considerably less clarity about

“NATURE” of Government obligations

Governments are accountable for HR standards

• Over past 2 decades, consensus has emerged that states

have THREE-FOLD responsibility

This Tripartite arrangement : Human Rights Based Approach (HBRA)

Within UNIVERSAL AND GLOBAL HUMAN RIGHTS FRAMEWOK

Individual human

beings

Governments

Right Holders

Principal duty

bearers

Obligation to RESPECT

Interference Curtailment

In enjoyment of Human Rights

Obligation to PROTECT

Groups Individual

AGAINST Human Rights abuses

Obligation to FULFILL

to facilitate enjoyment of human rights

COMPREHENSIVE STRATEGY is required that involves governments and civil society & addresses gaps of knowledge, capacity & political commitment

Right to justice

Right to effective

remedy & reparation

Right to truth

At core of effort to

establish

accountability are

• Genocide, war crimes, crimes against humanity & other

gross violations of human rights undermine the fabric of

entire societies

• KNOWING THE ALLOWS VICTIMS &

RELATIVES TO GAIN A SENSE OF CLOSURE &

RESTORES A MEASURE OF DIGNITY

Accountability for crimes

& gross violations,

including individual

accountability under

criminal law, is key to

reinstate PUBLIC

TRUST in justice &

security institutions to

rebuild the rule of law &

sustainable peace

Companion

BUILDING THE KNOWLEDGE BASE

FOR ACCOUNTABILITY

Today, no State can legitimately FEIGN IGNORANCE

about the extent & causes of gross violations committed

under its watch

There is hardly a gross violation that is not DOCUMENTED by the

universal system of independent human rights mechanisms

People who have been affected by human rights violations or conflict must be

empowered to make INFORMED DECISIONS on how they can exercise their

rights and OBTAIN REDRESS

CAPACITY-BUILDING KNOWLEDGE to be combined

with capacity for

implementation. inadequate

capacity within domestic

INSTITUTIONS is key factor

that perpetuates impunity for the

perpetrators of international

crimes & gross violations of

human rights

Victims should have

UNFETTERED ACCESS to all

relevant authorities, persons,

places & information etc. They

must also be able to make their

findings public.

Fundamental that States

develop or refine their own

capacity to INVESTIGATE &

PROSECUTE gross

violations of human rights

States also need to REMOVE

any OBSTACLES to

prosecuting international

crimes & gross human rights

violations, such as amnesties

or statutes of limitations.

Political Commitment

Capacity and knowledge on

their own will not suffice

where a government lacks the

POLITICAL COMMITMENT to

hold perpetrators of

international crimes or other

gross human rights violations

accountable

LEADING BY EXAMPLE

• Knowledge, capacity and commitment gaps may also

arise at the international level. The United Nations has to

lead by example when it comes to ensuring accountability

The question is no longer whether to ensure

accountability, but WHEN & HOW it is best

achieved

•@Global Level

•In India Socio Economic

Environmental

GLOBAL Terrorism and Human Rights

Health and Human Rights

Gender Equity and Human Rights

Children and Human Rights

Refugees and Human Rights

Global conflicts and Human Rights

INDIA Equity on the basis of Religion, Gender, Caste and Sex

Food and Nutrition

Child Labour

Domestic Violence

Women's Safety

Custodial Violence, Encounters

Accountability of Transnational corporations under Extraterritorial Obligations

ENVIRONMENT & HR Dangerous levels of Pollution in water, air,

earth and living beings Destruction and Depletion of irreplaceable life

forms and Natural resources Major and undesirable disturbances in the

earth’s Climate and protective layers Gross deficiencies, harmful to physical, mental

and social health, in the living and working environments of humans, especially in cities and industrial complexes

Human Rights Portent of Future Disaster

It costs you to UPHOLD Human rights But Its violation causes DISASTER.

…..Sudheer

Honour Killings

Khap Panchayats - Vote bank politics

Gay Marriages: What next?

Society Norms vs Prvt Rights

Which Craft Practice : • According to a study conducted by Rural

Litigation and Entitlement Kendra (RLEK), Dehradun, On an average, as many as 200 women get lynched under witch-craft related crimes(Conservative and underreported)

• Toothless laws & Implementation failure

Untouchability

• I.P Desai’s emperical work on access to water facility for untouchables in Gujarat – 69 villages – only 5 allow with complete equality – 13 villages timings side from wh8ihc water to be

taken & priority are different – 44 villages Separate well – 7 villages strong belief and denial of water access to

them

There is No much change in the practice of untouchability but there is change in Behaviours without change in beliefs..

SCENARIO -1: War over Rights

• COLD WAR - How Human Rights Violations justified by mighty nations

•“When forces that are hostile to socialism try to turn the development of some socialist country towards capitalism, it becomes not only a problem of the country concerened, but a common problem and concern of all socialist countries.”

-HDR report of UN Points that During entire cold war The rich western nations were arguing basically for Civil & Political rights while Socialist & some developing countries were demanding more social and economic rights.

-Human rights was a propaganda tool with both sides using Same Words but for different reasons for justification.

SCENARIO -2: Security Concerns Vs Rights

• 9/11 – Attack on WTC What triggered it and…… what it triggered……

-With the war on terror triggered by terrorist attacks in US 11/9/2001, The situation of HRts have deteriorated with not only terrorists committing HRts violations but also Powerful Govts sacrificing rights showing Security concerns.

-Most of advanced countries have become somewhat closed inwardly and accepted it is absolutely fine to compromise on Human rights for security reasons.

-Invasion of IRAQ…How Human rights violations

SCENARIO -3: Globalisation and Rights

• Many countries , corporations & institutions contributing to violation of Human rights. - Some are contributing to suppression of Rights in other countries… ENRON –Bhopal Tragedy

WHEREAS - Others are ignoring the plight of people in other countries whose rights are denied due to their own Economic & Political interests…

•CHINA

- There is tremendous commercial interest by outsiders with China and China has Military might and some of that may explain why western countries quiet and coninue Business with china and they put Economic – Friendly – But- Politically neutral –or- Weak front… No one to espouse the cause of TIBET…no one to make such hue and cry over suppression of Human rights by China govt….No one dares to attack China

• Larger dams: world Commission on dams report • 45000 large dams in 140 countries have resulted in massive uprooting & displacement of people • An avg of 300 large dams constructed per year displace ~4 Million people annually. • China – 22000 large dams – 10 million effected • India --- 4000 large dams- 16 to 38 millioneffected

Scenario 4: Development Vs Human Rights

Scenario 5: Demands for Democracy: Human rights violations

• Yugoslavia’s - Bulldozer revolution • Georgia’s – Rose revolution • Ukraine’s – Orange revolution • Lebanon’s – Cedar revolution • Kuwait’s – Blue revolution

• Whats common??

--- Students & NGOs – Neo liberalism --- These so called peacful and democratric rebellions meant for

overthrowing existing regimes are only in Former Soviet Union nations & Middle East nations

--- Many consider these are sponsered by Developed nations esp US as new form of Warfare to show outward appearance as democratic and peaceful

--- CIA strategy ?? Capitalism at its best?

Future: Where are we destined to ??

• Has the toleration to dissentment increased or decreased?? • Has the Govt’s sincerity to its obligations increased or decreased?? • Has the Schism between Havens and Have-nots increasing or decreasing?? • Tendency for mass rebellions increasing or decreasing?? • Has the systems / organizations/ law making processes are hijacked by

powerful ?? • Has the violence , crime , unrest in the society increasing or decreasing?? • Has the justice delivery system able to increase faith of its people over it

or not?? • Are the citizens preferring to remain in the bounds of law or vying to raise

above rule of law?? • Where is the voice of voiceless ever heard off?? • Beating up people celebrating Valentine day celebrations • Expression of opinion - Post on Facebook – Attack on freedom

NHRC State – Obligations and Duties.

to respect (states must refrain from interfering with or curtailing HRts - to protect( States must protect individuals and groups against HRts abuses.) to Fulfill Human Rights(State must take positive actions to facilitate the enjoyment of Basic Hrts)

Media Judiciary Civil Society Bureaucracy/Administrators

Policy framework Participatory approach Space for discourse Broadest reasonable consensus Education – to inculcate Human rights are incompromisable aspect