Professional Documents
Culture Documents
ABSTRACT
The concept of Human Rights is deep-rooted in freedom
of thought and the dignity of human being. All
human rights documents give a prominent place to
education and also stress the importance of Education in
promoting Human Rights.
CHETNA R. GUPTA
ROLL NO. : 10
CLASS: FY B.M.S
2/11/2019
INTRODUCTION
Mankind is witnessing a critical moment in its history. At the mid of the
First decade of the 21st century, a thoughtful change in beliefs and attitudes is
Called for involving the rejection of forces and violence, the recognition of
Human Rights for all and the contribution of all members of society thereby
with the imperatives of universality. To be sure, Human Rights are a product
of history; as such they should be in accordance with history, should evolve
simultaneously with history and should give the peoples of global world a
reflection of themselves that they recognize as their own. Yet the fact those
Human Rights keep the pace with the course of history. In this changing
world, education has to be at the heart of change in maintaining its very
essence, namely universality.
If we look back to Indian historical perspectives the first glimpse of
Human Rights is seen in „ Chanakya Neeti‟ as “ the lifespan, deeds, property,
education and death all are bestowed upon living human by almighty from its
inception in the mothers womb.” In this sense lifespan and death falls in the
hands of nature, the three remaining rights namely deed or action, right of
property and right of education rest in the control of the state, hence special
rights were declared from time to time for women, children etc., controlled by
the state, at various occasions. In this context it is important to recognize that
Buddhist Philosophy not only emphasized freedom as a form of life but also
gave it a supporting content.
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CONCEPT OF HUMAN RIGHTS
Human Rights is a 20th century term for what had been traditionally known
as „Natural Rights‟ or in a more appealing phase, the „Rights of Man‟. The notion
of „Rights of Man‟ and other such concepts of human rights are as old as
humanity. These rights of men had a place almost in all the ancient societies of
the world, through they were not referred to by that time.
The term „Human Rights‟ is comparatively of recent origin. But the idea of
human rights is as old as the history of human civilization. Human Rights are
deeply rooted in the historical past. The history of mankind has been firmly
associated with the struggle of individuals against injustice, exploitation and
disdain.
Broadly speaking, „Human Right‟ means right to life, liberty, equality and
the dignity of an individual irrespective of caste, creed or sex. Human rights are
always natural. Universal Declaration of Human Rights states, this term signifies
the rights which belongs equally to every individual. It envisages that all human
beings are born free, equal in dignity and rights and are entitled to enjoy all rights.
According to Prof. Herald Laski “rights are those conditions of social life
without which no man can seek in general to be himself at his best”. In view of
Dr.B.R.Ambedkar, “Fundamental Rights are the gift of law. They are essential for
human beings. They are inalienable and enforceable by the State.” His theory of
Fundamental Rights is related with the political democracy which rests upon four
premises‟ which could be stated as under.
Human rights are currently a matter of international interest and concern
for a wide variety of reasons. Some of these are deeply rooted in the historical
experience and are part of man's struggle for the realisation of all his human
values. The struggle for the rights of man started with the emergence of nation
states and establishment of despotic regimes towards the close of middle Ages.
As a reaction to the authoritarian and repressive regimes, history witnessed the
great political revolutions of the late seventeenth and eighteenth centuries. The
phases of human rights which had, at that time been abused were formulated
into declarations and bills of rights and written subsequently in national
constitutions.
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1) “ The individual is an end in himself. ” All the institutions either social or
political are the instruments to serve the end of the individual. An individual is not
for the state; but as an ideal citizen must serve the common interest embodied in
the state. The „end‟ or the welfare of the individual includes the development of
his physical, mental and material abilities which could be able to enhance his
pursuit of happiness.
2) “That the individual has certain inalienable rights which must be
guaranteed to him by the Constitution.” This means no person or authority should
encroach, abridge or abrogate the rights of the individual in the society. There is
no better guarantee of those rights other than the Constitution. 180
3) “That the individual shall not be required to relinquish any of his
Constitutional rights as a condition predecent to the receipt of a privilege.”
According to Dr.B.R.Ambedkar, “the rights of the individual being inalienable and
constitutional, no one could be required to relinquish any right at the cost of any
privilege. However, rights of individual be abridged or abrogated only with due
process of law.”
4) “That the state shall not delegate powers to private persons to govern
others.” According to him, the state would be supreme and powerful to govern
the people. There would not be any intermediary or private person like hereditary
ruler or Jahagirdar. All the individuals would be legally equal and enjoy equal
treatment under the state.
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CHARACTERISTICS OF HUMAN RIGHTS
The following are the basic characteristics of human rights:
1. Inherent – Human Rights are inherent because they are not granted by
any person or authority. Human rights do not have to be bought, earned or
inherited; they belong to people simply because they are human. Human rights
are inherent to each individual.
2. Fundamental - Human Rights are fundamental rights because without
them, the life and dignity of man will be meaningless.
3. Inalienable - Human rights cannot be taken away; no one has the right to
deprive another person of them for any reason. People still have human rights
even when the laws of their countries do not recognize them, or when they
violate them - for example, when slavery is practiced, slaves still have rights even
though these rights are being violated. Human rights are inalienable. Human
Rights are inalienable because:
a. They cannot be rightfully taken away from a free individual.
b. They cannot be given away or be forfeited.
4. Imprescriptible - Human Rights do not prescribe and cannot be lost even
if man fails to use or assert them, even by a long passage of time.
5. Indivisible - To live in dignity, all human beings are entitled to freedom,
security and decent standards of living concurrently. Human rights are indivisible.
Human Rights are not capable of being divided. They cannot be denied even when
other rights have already been enjoyed.
6. Universal - Human Rights are universal in application and they apply
irrespective of one’s origin, status, or condition or place where one lives. Human
rights are enforceable without national border. Human rights are the same for all
human beings regardless of race, sex, religion, political or other opinion, national
or social origin. We are all born free, and equal in dignity and rights— human
rights are universal.
7. Interdependent - Human Rights are interdependent because
the fulfilment or exercise of one cannot be had without the realization of the
other.
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TYPES OF HUMAN RIGHTS
Human Rights are the integrated, broad and covered a wide range of
rights. On the basis of Universal Declaration of Human Rights, 1948 there are
following classification.
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EVOLUTION OF HUMAN RIGHTS
The state of crisis arisen every day more in the evolution of contemporary
society determines the recurrence to the problem of human rights in the
society. Placing the problem of human rights and liberties on a first level is a
proof of the great spiritual, cultural and moral transformations but also of the
political-legal ones of the international community.
In other words, the problem of human rights together with the problem
of peace, whose promising ambits offer until now not only a remote image of a
world with less weapons and more security, continues to be one of the
dominant matters of political life and public debate. Not only on internal level
but also on international level we try to find some answers to the many and
complex problems related to human existence and human rights, but also in the
field of direct state political action, in international organizations and reunions
and in information media. These multiple and complex problems on internal
level are, according to Ion Diaconu “integrant part of the phenomena and
evolutions of political, economical, social and cultural life of every country and
the problem of their achievement cannot be mentioned without a historical,
national, social and political context. The situation is presented differently in
every country and keeps progressing, depending on the national historical
circumstances and the direction of development in every country.” (Ion Diaconu
– Human Rights, Romanian Institute for Human Rights, Bucharest, 1993
Ion Diaconu also asserted that “on international level, the matter of
human rights is closely connected to the evolution of the global problems of
mankind – security, peace, development. The multiple existent problems which
appear in every country can only be solved within the context of a positive
evolution in fields such as the settlement of the existent problems and the
prevention of others, the provision of the development of all countries in the
world, the maintenance of peace and international security.” At the same time,
we should try to separate the directions of action regarding the collaboration
within the states in this field, as resulting from the adopted international
commitments and from the manner in which they are practiced within the
United Nations institutions and other organizations.
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HUMAN RIGHTS AND EDUCATION
On December 10, 1948, the Universal Declaration of Human Rights was
given a precious gift to the people of the world, affirming that all the people
are born equal in dignity. The United Nations general assembly proclaimed
the declaration „as a standard achievement of all people and all nations, and to
the end that every individual and every organ of society keeping this declaration
constantly in mind shall strive by teaching and education to promote respect for
these rights and freedoms….‟ Yet after 55 years, most people of the world to
whom this compelling declaration belongs and for whose empowerment it was
intended, do not know of its existence and are not aware of the prophetic
moral aspiration it contains for the promotion and protection of human
dignity.
The oft-quoted scriptural words (Sa Vidya Ya Vimuktaye) emphasize
the fact that learning is infact the real learning that becomes the cause of
liberation. Education being an embodiment of learning it is applicable to it as
well. Education plays a key role in development of a nation. The education
system in vogue in a country reflects the ethos, aspirations and expectations of
a particular society. All human rights documents give a prominent place to
education. They also stress the importance of Education in promoting Human
Rights. The International Congress on Education adopted a world plan of
action of Education and Human Rights and Democracy in 1993 for Rights and
Democracy at Montreal (Canada). It emphasized that human rights education
must be viewed, as an exercise in democracy and teaching of Human Rights
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and democracy should be included in the curricula at all levels of the school
system. The reports of various Education Commissions and statements of
educational policies in India also have articulated the importance of rights to
education in the Human Rights as a part of the effort for reform and
development of education in India. The National Policy on Education has laid
considerable emphasis on Value Education by highlighting the need to make
education a forceful tool for cultivation of social and moral values. The policy
has stated that in our culturally plural society education should foster
universal and eternal values oriented towards the unity and integration of our
people. In 1985, the UGC prepared a blueprint for promotion of Human
Rights teaching and research for students of all faculties at the under-
graduate, graduate and post-graduate levels for both professional and non-
professional education. This blueprint contained proposals for restructuring
of existing syllabi, and introduction of new courses and/ or foundation courses
in Human Rights. In spite of good intentions, the decades of 80‟s and 90‟s saw
only an initiation of inclusion of Human Rights Education in some courses. A
few universities did introduce some optional papers on Human Rights in the
departments of Law and Political science. Research in the area was also
pursued without any wider perspective and coordination (Ansari, 1998). It
may however, be observed that the focus on Human Rights Education in India
thus far has been somewhat limited; the educational relevance edge perhaps
did not get the projection which it deserved. Hence in this paper the
combination of „Human Rights‟ and „Education‟ will be dealt within five
areas of practice and research namely,
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1. Teaching about and for Human Rights
2. Education as a Human Right in itself
3. Human Rights in Education
4. Education and Training of Teachers with Human Rights issues
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2. EDUCATION AS A HUMAN IN ITSELF :
and human rights in the full sense of the term. In fact human rights cannot be
thought in isolation with education. And on the other hand human rights in
the field of education i.e. Education for All, lays sound foundation of Human
Rights in all walks of life. The Human Right to Education was established
(1948) followed by agreements ratified by the 191 nation state of the world in
education, sets the aims of all educational activities and defines the principle
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development and peace and stability within and among countries, and thus an
When our constitution was being drafted the universal declaration of Human
Rights (1948) was proclaimed and the constituent assembly incorporated
many Human Rights in the form of fundamental rights of the citizen of our
country. Modern era is the era of democracy. In fact democracy cannot be
thought in isolation with education. According to University Education
Commission, “ education is a great instrument of social emancipation by
which a democracy establishes, maintains and protects the spirit of equality
among its members”. To develop the fundamentals of democracy, education
only can serve as a booster for imposing Fundamental Human Rights.
Human Rights education is not just about Human Rights, i.e., acquiring
knowledge. It is also education for Human Rights, helping people to feel the
importance of Human Rights, to integrate them into the way they live, and to
Take action to promote and protect the rights of others on individual, local,
national and international levels. Human Rights education contributes
directly to improving the life of both individuals and the community. Together
with the general human right to education, the requirements concerning the
goals of education and the freedom of educational choice, as laid down in the
education articles of the Human Rights conventions, from the standards for
granting Human Rights in education. For all the member states of United
Nations (UN), education has been considered as a constitutional right of all
children and adults irrespective of their gender, ethnic, social, cultural,
religious, linguistic or any other differences. As far as the education of
minorities is considered the stark reality is that there are still too many groups
who do not have access to education at least to the kind of education that is
adjusted to their needs and is of sufficient quality. These group include:
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sexually exploited children, displaced children, refugees, victims of domestic
violence, nomadic children, orphans, working children etc. In our country
National Human Right Commission is supposed to take measures to promote
human rights awareness and to spread Human Rights literacy in the country.
In fact, everybody should know about ones rights and the rights of the
others. Teacher as a torchbearer must keep always in mind the human rights
aspect in their usual practice of teaching and learning. Any education hard work
loses its strength, if it does not give sufficient attention and importance to the
teacher, one of the most important pillars of education. The role of teachers
has been held sacred from time immemorial. The NPE 1986 while defining the
role of teachers says that their principle role is and will always be teaching and
guidance of their pupils, not only through classroom teaching and tutorials but
also, by personal contact and many other ways. The Kothari Commission way
back in 1966 had said that no nation could rise above the level of its teachers.
A teacher has to perform two roles simultaneously: a conservator in order to
conserve and preserve the continuity of traditions and secondly as an advocate
for change towards desirable objectives- national and humane. The teachers
therefore should be sensitized towards the constitutional goals of justice,
liberty, equality and fraternity assuring dignity of an individual and integration
of nation.
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rights concept in all subjects at teacher education curriculum covering
philosophy, psychology, sociology, history and all other school subjects. Yet
another approach that can be followed in reorientation of all courses so that the
human rights component is not seen as an add-on to the existing syllabi, but
instead the academic packages should be so offered as to have people as the
central theme. The focus and issues should be regional, national and
international. Only an integrated approach of these three levels will solve the
Problems of human rights education. For example today especially the life
science face severe moral questions from gene manipulation to cloning, which
cannot be answered without knowing what the ethics and international
another example is of traditional practices such as female genital mutilation
tolerate other people's ideas and conceptions- that is, to practice human
rights. The school efforts should be reinforced, strengthened by the other
forces operating in the environment, particularly, state agencies, community
institutions, the home, family and the mass media.
Before introducing the Curricular aspects for human rights, we will have to
address certain pertinent questions regarding the present state of
educational scenario. Rather than teaching human rights as a separate subject
at the school level it should be incorporated in general syllabus. Different
aspects of human rights issues can be highlighted in different subjects. The
foundation course with aim of making the learners acquire conceptual clarity
and develop respect for norms and values of freedom, equality, fraternity and
justice with their philosophical, ethical, social, economic and political
dimensions is prerequisite for any course on human right. A full
understanding of UDHR and the relevant Constitutional-legal provisions and
institutional mechanism for realization and enforcement of rights in the
country also must constitute an objective. It should include awareness of civil
society organizations and movements promoting human rights.
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THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
Preamble Whereas recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is the foundation of
freedom, justice and peace in the world, Whereas disregard and contempt for
human rights have resulted in barbarous acts which have outraged the
conscience of mankind, and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common people, Whereas it is
essential, if man is not to be compelled to have recourse, as a last resort, to
rebellion against tyranny and oppression, that human rights should be
protected by the rule of law, Whereas it is essential to promote the
development of friendly relations between nations, Whereas the peoples of the
United Nations have in the Charter reaffirmed their faith in fundamental human
rights, in the dignity and worth of the human person and in the equal rights of
men and women and have determined to promote social progress and better
standards of life in larger freedom, Whereas Member States have pledged
themselves to achieve, in cooperation with the United Nations, the promotion
of universal respect for and observance of human rights and fundamental
freedoms, Whereas a common understanding of these rights and freedoms is of
the greatest importance for the full realization of this pledge, Now, therefore,
The General Assembly, Proclaims this Universal Declaration of Human Rights as
a common standard of achievement for all peoples and all nations, to the end
that every individual and every organ of society, keeping this Declaration
constantly in mind, shall strive by teaching and education to promote respect
for these rights and freedoms and by progressive measures, national and
international, to secure their universal and effective recognition and
observance, both among the peoples of Member States themselves and among
the peoples of territories under their jurisdiction.
ARTICLE 1
All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a
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spirit of brotherhood.
Article 2
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. Furthermore, no distinction shall be made on the basis of the
political, jurisdictional or international status of the country or territory to
which a person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
Article 3
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade
shall be prohibited in all their forms.
Article 5
Article 6
Article 7
All are equal before the law and are entitled without any discrimination
to equal protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to such
discrimination.
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ARTICLE 8
Article 9
Article 10
Article 11
2. No one shall be held guilty of any penal offence on account of any act
or omission which did not constitute a penal offence, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the penal
offence was committed.
Article 12
Article 13
1. Everyone has the right to freedom of movement and residence within the
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borders of each State.
2. Everyone has the right to leave any country, including his own, and to return
to his country.
Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising
from non-political crimes or from acts contrary to the purposes and principles of
the United Nations.
Article 15
ARTICLE 16
1. Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family. They are
entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the
intending spouses.
3. The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
ARTICLE 17
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ARTICLE 18
Article 19
Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless of frontiers.
Article 20
Article 21
1. Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government;
this will shall be expressed in periodic and genuine elections which shall
be by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.
Article 22
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economic, social and cultural rights indispensable for his dignity and the free
development of his personality.
Article 23
2. Everyone, without any discrimination, has the right to equal pay for
equal work.
3. Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the
protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation
of working hours and periodic holidays with pay.
Article 25
1. Everyone has the right to a standard of living adequate for the health
and well-being of himself and of his family, including food, clothing, housing and
medical care and necessary social services, and the right to security in the event
of unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
Article 26
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the elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made generally
available and higher education shall be equally accessible to all on the basis of
merit.
3. Parents have a prior right to choose the kind of education that shall be given
to their children.
Article 27
1. Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and its
benefits.
2. Everyone has the right to the protection of the moral and material
interests resulting from any scientific, literary or artistic production of which he
is the author.
Article 28
Article 29
1. Everyone has duties to the community in which alone the free and full
development of his personality is possible.
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of meeting the just requirements of morality, public order and the general
welfare in a democratic society.
Article 30
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REFERENCES
1. htttp://www.researchgate.net
2. https://www.ohchr.org
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