Project Report On International Human Rights

Project Report on International Human Rights
Project Report
On
International Human Rights
Topic: - Meaning And Evolution Of The

Concept Of International Human
Rights
Submitted TO: Submitted BY:
Dr. Jasneet Kaur Walia Akhil Negi
U.I.L.S, 127/16 (section C)
Panjab University, 9thSEM, B.com LLB (Hons.),
Chandigarh. U.I.L.S,
Panjab University,
Chandigarh.
Meaning And Evolution Of The Concept Of International Human RightsPage 1
Acknowledgement
I am very thankful to everyone who all supported me, for I have completed my project
effectively and moreover on time. I am equally grateful to my teacher Dr. Jasneet Kaur Walia
who gave me moral support and guided me in different matters regarding the topic. She had been
very kind and patient while suggesting me the outlines of this project. I thank her for her overall
supports.
Last but not the least, I would like to thank my parents who helped me a lot in gathering different
information, collecting data and guiding me from time to time in making this project unique.

Contents
Serial No. Topic Page No.
1. Introduction 4-5
2. Meaning of human rights 6-7
The Ethical Dimension Of Human

3. Rights
7-8
Origin And Evolution Of The First

4. Legal Instruments For Human Rights
8-11
Protection
Principles of International Human

5. 11-16
Rights Law
Human Rights Violations In The

6. 16-20
Contemporary World
7. Core International Human Rights 20-21

Instruments
21-22
8. Conventions On Human Rights
9. Conclusion 22

“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.”1
Introduction
A state of crisis each day more intensive seems to arise in the evolution of the contemporary
society, assiduously imposing 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. The concept of human rights is the result of the long
evolution of philosophical, political, legal and social reflection, inseparably connected to the
social-democratic traditions. Alighting from antiquity, the concept of human rights has covered a
hard and stiff way. Asserting as political platform of the bourgeois revolutions, this conception
gained a new dimension during the contemporary period, when the problem of existence,
maintenance and perpetuation of human species on earth, the mutual cooperation and the
assertion of human ideas and general values arose with hardness in front of mankind.2
The concepts and ideas of profound thinkers of time, such as Aristotle, Cicero, Grotius,
Montesquieu and prestigious jurists found their reflections in many documents with institutional
character which emphasized a well deliberate conception of human rights and liberties and much
later the Universal Declaration of Human Rights adopted on December 10th 1948 by the General
Assembly of the United Nations Organization ascertained for the first time in the history of
mankind the fundamental human rights and liberties in a political-legal document with universal
character. Granting and respecting the human rights become an indissoluble condition of
performing the state of law, of its admission as a democratic state on international level.
1
Universal Declaration of Human Rights G.A. res. 217A (III), UN Doc. A/810 at 71 (1948), Preamble, para. 3
(accessed on 17-9-14 at 3:15pm)
2
http://www.uab.ro/reviste_recunoscute/reviste_drept/annales_10_2007/ciobotea_en.pdf (accessed on 17-9-14 at
3:20pm)

The concept of human rights has evolved through different phases in human history. A general
definition of human rights is that they are the "rights and freedoms to which all humans are
entitled".
Philosophers and thinkers advocating the concept of human rights are of the view that everyone
is endowed with certain entitlements merely by reason of being human.
Therefore human rights are universal and egalitarian (i.e aiming for equal wealth , status , etc, for
all people) in their concept. Human beings cannot be treated on unequal terms in the application
of human rights norms. These human rights can be in the form of shared norms of actual human
moralities, as justified moral norms or natural rights. They can also be in the form of legal rights
either in the local legal system or in the international law. In spite of the development of human
rights concept over ages through historical phases, there are no precise or specific norms to
suggest what constitute human rights and what do not. In consequence, the incidence of heated
debates in human right issues is increasing in resonance with the growth of human rights
awareness across the global spectrum.3
Traditionally, all groups of humans have had notions of justice, fairness, dignity and respect.
However, the notion that all human beings, simply because they are human, have certain
inalienable rights they may use to protect themselves against society and its rulers was a minority
view before the 1500s. Many pre-modern societies believed that rulers had an obligation to
govern wisely and for everyone’s benefit. However, this obligation was believed to come from
divine commandment or from tradition. It did not rest on a concept of personal human rights that
ordinary people could call on to defend themselves against unjust rulers.
The first person credited with developing a comprehensive theory of human rights was British
philosopher John Locke (1632-1704). Locke wrote that people form societies, and societies
establish governments, in order to assure the enjoyment of ‘natural’ rights.4
3
. http://statutory-law.knoji.com/the-evolution-of-human-rights-a-retrospect/(accessed on 17-9-14 at 3:30pm)
4
http://iipdigital.usembassy.gov/st/english/article/2008/01/20080123183439ajesrom0.9643824.html#ixzz3Dar2SLs
C(accessed on 17-9-14 at 3:44pm)

Meaning Of International Human Rights
 Human Rights are the basic rights and freedoms to which all human beings are entitled, like
civil and political rights, the right to life and liberty, freedom of thought and speech/expression,
equality before the law, social, cultural and economic rights, the right to food, the right to work,
and the right to education. In short, human rights are freedoms established by custom or
international agreement that protect the interests of humans and the conduct of governments in
every nation.5
Human rights are distinct from civil liberties, which are freedoms established by the law of a
particular state and applied by that state in its own jurisdiction. Human rights laws have been
defined by international conventions, by treaties, and by organizations, particularly the United
Nations. These laws prohibit practices such as torture, slavery, summary execution without trial,
and arbitrary detention or exile. Many human rights are secured by agreements between the
governments and those they govern, such as the U.S. Constitution. Others are protected by
international laws and pressure.
 Human rights are basic rights that fundamentally and inherently belong to each individual.
Human rights are freedoms established by custom or international agreement that impose standard
s of conduct on all nations. Humanrights are distinct from civil liberties, which are freedoms estab
lished by the law of a particular state and applied by that state in its own jurisdiction. Specific
human rights include the right to personal liberty and due process of law ; to freedom of thought,
expressionto , religion, organization,and movement; to freedom from discrimination on the basis
of race, religion, age, language, and sex; to basic education; to employment
and to property6. Human rights laws have been defined by international conventions,
by treaties, and by organizations, particularly the UnitedNations.These laws prohibit practices su
ch as torture, slavery, summary execution without trial, and arbitrary detention or exile.
5
http://www.hg.org/human-rights.html(accessed on 17-9-14 at 4:15pm)
6
www.ohchr.org/en/issues/pages/whatarehumanrights.aspx(accessed on 17-9-14 at 4:15pm)

 Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all
equally entitled to human rights without discrimination. These rights are all 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. International human rights law lays down obligations of Governments to act in
certain ways or to refrain from certain acts, in order to promote and protect human rights and
fundamental freedoms of individuals or groups.
The Ethical Dimension Of Human Rights

The very specificity of the concept of “human rights” is that they belong to the individual in his
or her quality as a human being, who cannot be deprived of their substance in any circumstances;
these rights are thus intrinsic to the human condition. The Universal Declaration of Human
Rights, the International Covenant on Civil and Political Rights and the International Covenant
on Economic, Social and Cultural Rights all give expression to this fundamental ethical basis in
their first preambular paragraphs by recognizing “the inherent dignity and ... the equal and
inalienable rights of all members of the human family”. Here, then, is an expression of the
principle of universality of rights, including the right to equal protection before the law and by
the law, which , is a fundamental principle conditioning the entire field of international human
rights law. As to the regional level, the second preambular paragraph to the American
Convention on Human Rights also expressly recognizes “that the essential rights of man are not
derived from one’s being a national of a certain State, but are based upon attributes of the human
personality”. As stated by the Inter-American Court of Human Rights in its Advisory Opinion on
Habeas Corpus in Emergency Situations, the rights protected by the Convention cannot, per se,
be suspended even in emergency situations, because they are “inherent to man”. It follows, in the
view of the Court, hat “what may only be suspended or limited” under the Convention is the “full
and effective exercise” of the rights contained therein. Consequently, human rights are owed by
States to all individuals within their jurisdiction and in some situations also to groups of
individuals. The principle of universal and inalienable rights of all human beings is thus solidly
anchored in international human rights law.

Origin And Evolution Of The First Legal Instruments

For Human Rights Protection
The international legal protection of human rights has undergone dramatic growth and evolution
since the end of the Second World War, the founding of the United Nations (UN) in 1945, and
the subsequent adoption, by the UN General Assembly, of the Universal Declaration of Human
Rights (UDHR) on 10th December 1948. Although the historical origins of the concept of human
rights are often linked with the idea of natural rights and there had been legal instruments
adopted earlier in different states aimed at acknowledging and ensuring the protection of human
rights by the rule of law, the proclamation and adoption of the UDHR on 10 December 1948
marked the real beginning of the momentous international journey towards ensuring that human
rights are protected universally by the rule of law7. From that humble beginning in 1948,
international human rights law has evolved tremendously in different perspectives over the last
six decades. Over those years there have been substantive developments in the theoretical,
normative and legal perspectives of international human rights law, including debates on several
conceptual issues regarding the scope and content of human rights generally. There has also been
significant growth in the jurisprudence of different bodies and tribunals responsible for the
interpretation and implementation of human rights law, and the human rights role of non-state
entities such as non-governmental organizations (NGOs) has increased tremendously. New
perspectives have also evolved regarding responsibilities and remedies for human rights
violations relating to individual criminal responsibility for serious human rights violations,
among others.
The UN has been the major international institution that has consistently promoted, within the
context of its Charter, the protection of international human rights through the rule of law Prior
to the creation of the UN after the Second World War in 1945, earlier attempts at including
specific human rights provisions in the Covenant of the League of Nations after the First World
War in 1919 were unsuccessful. The only substantive human rights provision in the Covenant
7
(https://www.ashgate.com/pdf/SamplePages/International_Human_Rights_Law_Intro. pdf(accessed on 17-9-14 at
5:17pm)

was on labour rights in its Article 23, stating that members of the League ‘will endeavour to
secure and maintain fair and humane conditions of labour for men, women, and children, both in
their own countries and in all countries to which their commercial and industrial relations extend
and ‘undertake to secure just treatment of the native inhabitants of territories under their control’.
Nevertheless, private endeavours continued both within and outside the League of Nations for
the realization of an international human rights legal regime. In 1929, the Institute of
International Law, a private body of distinguished authorities on international law in Europe, the
Americas and Asia, adopted the Declaration of the Rights of Man, in which it considered that it
was the duty of every state to recognize, inter alia, the equal rights of every individual to life,
liberty and property.
The world has witnessed a chain of events and happenings which have resulted in the birth
, growth and strengthening of the concept of human rights.
Magna Carta
The Magna Carta, or “Great Charter,” was arguably the most significant early influence on the
extensive historical process that led to the rule of constitutional law today in the English-
speaking world. In 1215, after King John of England violated a number of ancient laws and
customs by which England had been governed, his subjects forced him to sign the Magna Carta,
which enumerates what later came to be thought of as human rights.8
Petition of Right (1628)

The next recorded milestone in the development of human rights was the Petition of Right,
produced in 1628 by the English Parliament and sent to Charles I as a statement of civil
liberties. four principles: (1) No taxes may be levied without consent of Parliament, (2) No
subject may be imprisoned without cause shown (reaffirmation of the right of habeas corpus), (3)
8
http://www.humanrights.com/what-are-human-rights/brief-history/magna-carta.html(accessed on 17-9-14 at
6:15pm)

No soldiers may be quartered upon the citizenry, and (4) Martial law may not be used in time of
peace.9
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. 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
Declaration of the rights of man and of citizen (1789)
In 1789 the people of France brought about the abolishment of the absolute monarchy and set the
stage for the establishment of the first French Republic. The Declaration proclaims that all
citizens are to be guaranteed the rights of “liberty, property, security, and resistance to
oppression.” It argues that the need for law derives from the fact that “...the exercise of the
natural rights of each man has only those borders which assure other members of the society the
enjoyment of these same rights.”
The First Geneva Convention (1864)
The main principles laid down in the Convention and maintained by the later Geneva
Conventions provided for the obligation to extend care without discrimination to wounded and
9
http://www.humanrights.com/what-are-human-rights/brief-history/declaration-of-independence.html(accessed on
17-9-14 at 7:10pm)

sick military personnel and respect for and marking of medical personnel transports and
equipment with the distinctive sign of the red cross on a white background.
The United Nations (1945)
World War II had raged from 1939 to 1945, and as the end drew near, cities throughout Europe
and Asia lay in smoldering ruins. In April 1945, delegates from fifty countries met in San
Francisco full of optimism and hope. The goal of the United Nations Conference on International
Organization was to fashion an international body to promote peace and prevent future wars.
The Universal Declaration of Human Rights (1948)
By 1948, the United Nations’ new Human Rights Commission had captured the world’s
attention. Under the dynamic chairmanship of Eleanor Roosevelt—President Franklin
Roosevelt’s widow, a human rights champion in her own right and the United States delegate to
the UN—the Commission set out to draft the document that became the Universal Declaration of
Human Rights. Roosevelt, credited with its inspiration, referred to the Declaration as the
international Magna Carta for all mankind. It was adopted by the United Nations on December
10, 194810.
In its preamble and in Article 1, the Declaration unequivocally proclaims the inherent rights of
all human beings: “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...All human beings are born free and
equal in dignity and rights.”The Member States of the United Nations pledged to work together
to promote the thirty Articles of human rights that, for the first time in history, had been
10
http://www.humanrights.com/what-are-human-rights/brief-history/the-united-nations.html

assembled and codified into a single document. In consequence, many of these rights, in various
forms, are today part of the constitutional laws of democratic nations11.
Principles of International Human Rights Law

General principles of law found in the major legal systems of the world are a source of
international law that international courts and tribunals may invoke. General principles of law
include: The Rule of law: Society shall be governed through laws and everyone is subject to the
law. Constitutionalism: governance that advances the rights of the people. Democratic
Governance: The will of the people shall be the basis of the authority of governments
In the Chorzow Factory case the Permanent Court of International Justice declared that it was a
principle of international law that any breach of an engagement involves an obligation to make
reparation. Principles of international public policy (jus cogens) have been recognized in
international law. The International Court of Justice has asserted the existence of obligations of a
state towards the international community as a whole. "Such obligations derive, for example, in
contemporary international law, from the outlawing of acts of aggression, and of genocide, as
also from the principles and rules concerning the basic rights of the human person, including
protection from slavery and racial discrimination."
International humanitarian law seeks to uphold the principle of humanity in armed conflicts. The
principles pervading international humanitarian law are, as classically developed in the
International Red Cross movement, the principles of humanity, impartiality, neutrality,
independence, voluntary service, unity, and universality.
In the Nicaragua case the International Court of Justice invoked general principles of
humanitarian law based upon Article 3 common to the four Geneva Conventions on
humanitarian law. Expounding on the general principles of humanitarian law, the Court held that
the Geneva Conventions were in some respects a development and in other respects no more
than the expression, of such principles.
11
ibid

Turning, specifically, to principles of international human rights law, we may identify the
principles of: universality, democratic legitimacy, justice, protection, legality, respect and ensure,
equality and non-discrimination and remedy. In view of their importance following are the
principles.-
A. Universality
The World Conference on Human Rights, held in 1993, succinctly expressed the consensus of
the international community on the universality of human rights as follows: "The universality of
these rights and freedoms is beyond question" It went on to say: "While the significance of
national and regional particularities and various historical, cultural and religious backgrounds
must be borne in mind, it is the duty of States, regardless of their political, economic and cultural
systems, to promote and protect all human rights."
B. Democratic Legitimacy
Article 21, paragraph 3 of the Universal Declaration of Human Rights provides that 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 25 of the International Covenant
on Civil and Political Rights states that Everyone shall have the rights and the opportunity,
without any of the distinctions mentioned in article 2 and without unreasonable restrictions (a) to
take part in the conduct of public affairs, directly or through freely chosen representatives; (b) to
vote and to be elected at genuine periodic elections which shall be by universal and equal
suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the
electors; (c) to have access, on general terms of equality, to public service in his or her country12.
The World Conference on Human Rights declared that democracy, development and respect for
human rights and fundamental freedoms are interdependent and mutually reinforcing. It
emphasized that "The international community should support the strengthening and promoting
12
http://www.amnestyusa.org/research/human-rights-basics (accessed on 17-9-14 at 5:13pm)

of democracy, development and respect for human rights and fundamental freedoms in the entire
world."
C. Justice
The principle of justice is at the heart of the human rights movement and has been taken forward
with the establishment of institutions such as the International Criminal Court. In A.v.Australia,
the Human Rights Committee recalled that the notion of 'arbitrariness' must not be equated with
'against the law' but be interpreted more broadly to include such elements as inappropriateness
and injustice.
D.Protection
The International Commission on Intervention and State Sovereignty, in a widely acclaimed

report issued in 2001, elaborated on the core principles of the responsibility to protect. This
responsibility, according to the Commission, embraces three specific duties:
A. The responsibility to prevent: to address both the root causes and direct causes of internal
conflict and other man-made crises putting populations at risk
.B. The responsibility to react: to respond to situations of compelling human need with
appropriate measures which may include coercive measures like sanctions and international
prosecution, and in extreme cases military intervention.
C. The responsibility to rebuild: to provide, particularly after a military intervention, full

assistance with recovery, reconstruction and reconciliation, addressing the causes of the harm the
intervention was designed to halt or avert.
E. Legality
In General Comment No. 27, the Human Rights Committee provides general principles
applicable in the interpretation of restrictions or limitation clauses in human rights treaties.
Where, for example, one finds the expression 'as provided by law', the law itself has to establish
the conditions under which the rights may be limited. Further, the restriction must not impair the

essence of the right, should use precise criteria and may not confer unfettered discretion on those
charged with their execution.
In the same vein, a restriction must be legitimate and necessary. 'Restrictive measures must
conform to the principle of proportionality; they must be appropriate to achieve their protective
function; they must be the least intrusive instrument amongst those which might achieve the
desired result; and they must be proportionate to the interest to be protected.' The Committee
puts particular emphasis on the fundamental principles of equality and non-discrimination
whenever restrictions are made.
F. Equality and Non-Discrimination
The principle of equality and non-discrimination is a hallowed principle of international human

rights law. In its General Comment No. 18, the Human Rights Committee provided the following
definition of the term discrimination:
"The Committee believes that the term 'discrimination' as used in the Covenant should be
understood to imply any distinction, exclusion, restriction or preference which is based on any
ground such as race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status, and which the purpose or effect of nullifying or impairing
the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and
freedoms."
G.Respect and Ensure
In today's world of pervasive terrorist threats, the Human Rights Committee has provided
invaluable guidance on the balance to be struck between security and human rights. Referring to
Article 4 of the International Covenant on Civil and Political Rights, the Committee declared in
General Comment No. 29:

"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of
the nation, as required by article 4, paragraph 1. During armed conflict, whether international or
non-international, rules of international humanitarian law become applicable and help, in
addition to the provisions in article 4 and article 5, paragraph 1, of the Covenant, to prevent the
abuse of a State's emergency powers. The Covenant requires that even during an armed conflict
measures derogating from the Covenant are allowed only if and to the extent that the situation
constitutes a threat to the life of the nation. If States parties consider invoking article 4 in other
situations than an armed conflict, they should carefully consider the justification and why such a
measure is necessary and legitimate in the circumstances."
H. Remedy
Article 8 of the Universal Declaration of Human Rights states the fundamental principle that
"Everyone has the right to an effective remedy by the competent national tribunal…" The World
Conference on Human Rights (1993) emphasized that "Every State should provide an effective
framework of remedies to redress human rights grievances or violations. In its views under the
Optional Protocol the Human Rights Committee has consistently retained its position that in a
case where a violation of the Covenant has been established through the Optional Protocol
procedure, the State Party in Question has a legal obligation to provide an effective remedy.
Having recapitulated key principles of international human rights law, we may now turn to a
discussion of the third part of the International Bill of Human Rights as envisioned by the
Commission on Human Rights, namely, measures of implementation

HUMAN RIGHTS VIOLATIONS IN THE CONTEMPORARY WORLD
Human rights advocates agree that, sixty years after its issue, the Universal Declaration of
Human Rights is still more a dream than reality. Violations exist in every part of the world. For
example, Amnesty International’s 2009 World Report and other sources show that individuals
are13:
 Tortured or abused in at least 81 countries

 Face unfair trials in at least 54 countries
 Restricted in their freedom of expression in at least 77 countries
Not only that, but women and children in particular are marginalized in numerous ways, the
press is not free in many countries, and dissenters are silenced, too often permanently. While
some gains have been made over the course of the last six decades, human rights violations still
plague the world today.
To get insight of the true situation throughout the world, this section provides examples of
violations of six Articles of the Universal Declaration of Human Rights (UDHR):
ARTICLE 3 — THE RIGHT TO LIVE FREE
“Everyone has the right to life, liberty and security of person.”
 An estimated 6,500 people were killed in 2007 in armed conflict in Afghanistan—nearly half
being noncombatant civilian deaths at the hands of insurgents. Hundreds of civilians were also
killed in suicide attacks by armed groups.
 In Brazil in 2007, according to official figures, police killed at least 1,260 individuals—the
highest total to date. All incidents were officially labeled “acts of resistance” and received little
or no investigation.
13
http://www.humanrights.com/what-are-human-rights/violations-of-human-rights/article-3.html(accessed on 17-9-
14 at 8:15pm)

 In Uganda, 1,500 people die each week in the internally displaced person camps. According to
the World Health Organization, 500,000 have died in these camps.
 Vietnamese authorities forced at least 75,000 drug addicts and prostitutes into 71 overpopulated
“rehab” camps, labeling the detainees at “high risk” of contracting HIV/AIDS but providing no
treatment.
ARTICLE 4 — NO SLAVERY
“No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.”
 In northern Uganda, the LRA (Lord’s Resistance Army) guerrillas have kidnapped 20,000
children over the past twenty years and forced them into service as soldiers or sexual slaves for
the army.
 In Asia, Japan is the major destination country for trafficked women, especially women coming
from the Philippines and Thailand. UNICEF estimates 60,000 child prostitutes in the Philippines.
ARTICLE 13 — FREEDOM TO MOVE
1. “Everyone has the right to freedom of movement and residence within the borders of each State.
2. “Everyone has the right to leave any country, including his own, and to return to his country.”
 In Myanmar, thousands of citizens were detained, including 700 prisoners of conscience, most
notably Nobel Laureate Daw Aung San Suu Kyi. In retaliation for her political activities, she
has been imprisoned or under house arrest for twelve of the last eighteen years, and has refused
government offers of release that would require her to leave the country.
ARTICLE 18 — FREEDOM OF THOUGHT
“Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.”

 In Myanmar, the military junta crushed peaceful demonstrations led by monks, raided and closed
monasteries, confiscated and destroyed property, shot, beat and detained protesters, and harassed
or held hostage the friends and family members of the protesters.
ARTICLE 19 — FREEDOM OF EXPRESSION
“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.”
 In Sudan, dozens of human rights defenders were arrested and tortured by national intelligence
and security forces.
 In Ethiopia, two prominent human rights defenders were convicted on false charges and
sentenced to nearly three years in prison.
 Russia repressed political dissent, pressured or shut down independent media and harassed
nongovernmental organizations. Peaceful public demonstrations were dispersed with force, and
lawyers, human rights defenders and journalists were threatened and attacked. Since 2000, the
murders of seventeen journalists, all critical of government policies and actions, remain
unsolved.
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 26
1. Everyone has the right to education. Education shall be free, at least in 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.
2. Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace.
Core International Human Rights Instruments

There are seven core international human rights treaties. Each of these treaties has established a
committee of experts to monitor implementation of the treaty provisions by its States parties.
Some of the treaties are supplemented by optional protocols dealing with specific concerns.14
Treaties
1. International Convention on the Elimination of All Forms of Racial Discrimination

(ICERD), 1965
2. International Covenant on Civil and Political Rights (ICCPR), 1966
3. International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
4. Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW), 1979
5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (CAT), 1985
6. Convention on the Rights of the Child (CRC), 1989
7. International Convention on Protection of the Rights of All Migrant Workers and

Members of Their Families (ICMRW), 1990
14
http://www.unfpa.org/rights/instruments.html

Treaty bodies
There are seven human rights treaty bodies that monitor implementation of the core international
human rights treaties :
 Human Rights Committee (HRC)
 Committee on Economic, Social and Cultural Rights (CESCR)
 Committee on the Elimination of Racial Discrimination (CERD)
 Committee on the Elimination of Discrimination Against Women (CEDAW)
 Committee Against Torture (CAT)
 Committee on the Rights of the Child (CRC)
 Committee on Migrant Workers (CMW)
CONVENTIONS ON HUMAN RIGHTS

 The International Covenant on Civil and Political Rights (ICCPR)
It is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966,
and in force from 23 March 1976. It commits its parties to respect the civil and political rights of
individuals, including the right to life, freedom of religion, freedom of speech, freedom of
assembly, electoral rights and rights to due process and a fair trial. As of April 2014, the
Covenant has 74 signatories and 168 parties.[1]
The ICCPR is monitored by the United Nations Human Rights Committee (a separate body to
the United Nations Human Rights Council), which reviews regular reports of States parties 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
normally meets in Geneva and normally holds three sessions per year.15
Its core provisions are-
 Rights to physical integrity, Liberty and security of person,
 Procedural fairness and rights of the accused
15
http://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights(accessed on 17-9-14 at
3:15pm)

 Political rights
 The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a

multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, and
in force from 3 January 1976. It commits its parties to work toward the granting of economic,
social, and cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and
individuals, including labour rights and the right to health, the right to education, and the right to
an adequate standard of living. As of 2014, the Covenant had 162 parties 16
 The United Nations Convention on the Rights of the Child (commonly abbreviated as
the CRC, CROC, or UNCRC) is a human rights treaty which sets out the civil, political,
economic, social, health and cultural rights of children. The Convention defines a child as any
human being under the age of eighteen, unless the age of majority is attained earlier under a
state's own domestic legislation. Two optional protocols were adopted on 25 May 2000.
The First Optional Protocol restricts the involvement of children in military conflicts, and
the Second Optional Protocol prohibits the sale of children, child prostitution and child
pornography. Both protocols have been ratified by more than 150 states .17
16
http://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Right(accessed on 17-9-
14 at 3:18pm)
17
http://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child(accessed on 17-9-14 at 9:15pm)

CONCLUSION
Human rights exist, as embodied in the Universal Declaration of Human Rights and the entire
body of international human rights law. They are recognized—at least in principle—by most
nations and form the heart of many national constitutions. Yet the actual situation in the world is
far distant from the ideals envisioned in the Declaration.
To some, the full realization of human rights is a remote and unattainable goal. Even
international human rights laws are difficult to enforce and pursuing a complaint can take years
and a great deal of money. These international laws serve as a restraining function but are
insufficient to provide adequate human rights protection, as evidenced by the stark reality of
abuses perpetrated daily.
Discrimination is rampant throughout the world. Thousands are in prison for speaking their
minds. Torture and politically motivated imprisonment, often without trial, are commonplace,
condoned and practiced—even in some democratic countries.

BIBLIOGRAPHY
Websites :
 Universal Declaration of Human Rights G.A. res. 217A (III), UN Doc. A/810 at 71
(1948), Preamble, para.3 (accessed on 17-9-14 at 3:15pm)
 http://www.uab.ro/reviste_recunoscute/reviste_drept/annales_10_2007/ciobotea_en.pdf
 http://statutory-law.knoji.com/the-evolution-of-human-rights-a-retrospect/(accessed on
17-9-14 at 3:30pm)
 http://iipdigital.usembassy.gov/st/english/article/2008/01/20080123183439ajesrom0.964
3824.html#ixzz3Dar2SLsC(accessed on 17-9-14 at 3:44pm)
 http://www.hg.org/human-rights.html(accessed on 17-9-14 at 4:15pm)
 www.ohchr.org/en/issues/pages/whatarehumanrights.aspx,accessed on 17-9-14 at 4:15p

 https://www.ashgate.com/pdf/SamplePages/International_Human_Rights_Law_Intro.pdf
 http://www.humanrights.com/what-are-human-rights/brief
history/magnacarta.html(accessed on 17-9-14 at 6:15pm)
 http://www.humanrights.com/what-are-human-rights/brief-history/the-united-
nations.html
 http://www.humanrights.com/what-are-human-rights/violations-of-human-rights/article-
.html(accessed on 17-9-14 at 8:15pm)

 http://www.unfpa.org/rights/instruments.html
 http://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights(acce
ssed on 17-9-14 at 3:15pm)
 http://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural
_Right(accessed on 17-9-14 at 3:18pm)

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International Human Rights

Topic: - Meaning And Evolution Of The

Submitted TO: Submitted BY:

Dr. Jasneet Kaur Walia Akhil Negi

U.I.L.S, 127/16 (section C)

Panjab University, 9thSEM, B.com LLB (Hons.),

Meaning And Evolution Of The Concept Of International Human RightsPage 2

Serial No. Topic Page No.

2. Meaning of human rights 6-7

The Ethical Dimension Of Human

Origin And Evolution Of The First

Principles of International Human

Human Rights Violations In The

7. Core International Human Rights 20-21

Meaning And Evolution Of The Concept Of International Human RightsPage 3

Meaning And Evolution Of The Concept Of International Human RightsPage 4

Meaning And Evolution Of The Concept Of International Human RightsPage 5

Meaning Of International Human Rights

Meaning And Evolution Of The Concept Of International Human RightsPage 6

The Ethical Dimension Of Human Rights

Meaning And Evolution Of The Concept Of International Human RightsPage 7

Origin And Evolution Of The First Legal Instruments

Meaning And Evolution Of The Concept Of International Human RightsPage 8

Petition of Right (1628)

Meaning And Evolution Of The Concept Of International Human RightsPage 9

Declaration of the rights of man and of citizen (1789)

The First Geneva Convention (1864)

Meaning And Evolution Of The Concept Of International Human RightsPage 10

The United Nations (1945)

The Universal Declaration of Human Rights (1948)

Meaning And Evolution Of The Concept Of International Human RightsPage 11

Principles of International Human Rights Law

Meaning And Evolution Of The Concept Of International Human RightsPage 12

Meaning And Evolution Of The Concept Of International Human RightsPage 13

The International Commission on Intervention and State Sovereignty, in a widely acclaimed

C. The responsibility to rebuild: to provide, particularly after a military intervention, full

Meaning And Evolution Of The Concept Of International Human RightsPage 14

F. Equality and Non-Discrimination

The principle of equality and non-discrimination is a hallowed principle of international human

G.Respect and Ensure

Meaning And Evolution Of The Concept Of International Human RightsPage 15

Meaning And Evolution Of The Concept Of International Human RightsPage 16

HUMAN RIGHTS VIOLATIONS IN THE CONTEMPORARY WORLD

 Tortured or abused in at least 81 countries

ARTICLE 3 — THE RIGHT TO LIVE FREE

“Everyone has the right to life, liberty and security of person.”

Meaning And Evolution Of The Concept Of International Human RightsPage 17

ARTICLE 13 — FREEDOM TO MOVE

ARTICLE 18 — FREEDOM OF THOUGHT

Meaning And Evolution Of The Concept Of International Human RightsPage 18

ARTICLE 19 — FREEDOM OF EXPRESSION

Meaning And Evolution Of The Concept Of International Human RightsPage 19

Core International Human Rights Instruments

1. International Convention on the Elimination of All Forms of Racial Discrimination

2. International Covenant on Civil and Political Rights (ICCPR), 1966

3. International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966

4. Convention on the Elimination of All Forms of Discrimination against Women

5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

6. Convention on the Rights of the Child (CRC), 1989

7. International Convention on Protection of the Rights of All Migrant Workers and

Meaning And Evolution Of The Concept Of International Human RightsPage 20

 Human Rights Committee (HRC)