FRANCIS XAVIER ENGINEERING COLLEGE, TIRUNELVELI – 627 003

(Autonomous)
QP CODE: 171489
B.E. / B.Tech Degree Examinations – Nov/Dec 2021 Seventh Semester
Regulation – 2017
B.E - Electrical and Electronics Engineering
GE8074 - HUMAN RIGHTS
Time : 3 Hours Maximum Marks : 100

PART –A

1. Human rights resemble natural rights. Justify.

 However, they are slightly different. Natural rights exist whether a government
acknowledges them or not
 Human rights are a government's acknowledgment of the rights their citizens
should have by virtue of being human.
2. List out any four civil rights.

ANY 4
 Right to Life
 Right to Family Life
 Right to Education
 Right to Personal Freedom
 Right to Religious Freedom
 Right to Freedom of Thought and Expression
 Right to Freedom of Movement
3. What instruments are there to prevent and punish the crime of genocide?

The Convention on the Prevention and Punishment of

the Crime of Genocide (Genocide Convention) is an instrument of international law
that codified for the first time the crime of genocide.
4. What is Magana Carta?

Magna Carta, or “Great Charter,” signed by the King of England in 1215, first written
document of human rights.

5. Explain article 1 of the UN charter

Membership in the United Nations is open to all other peace-loving states which accept
the obligations contained in the present Charter and equality of all its Members

6. Write about the commission on the status of women

The Commission on the Status of Women (CSW) is the principal global

intergovernmental body exclusively dedicated to the promotion of gender equality
and the empowerment of women.

7. Show that the Indian Constitution has recognized and given effect to human rights.
 Right to equality
 Right to freedoms
 Right against exploitation
 Right to freedom

8. Analyze fundamental rights contained in which part of the Indian constitution are
enforceable in courts of law.

The Fundamental Rights are defined in Part III of the Indian Constitution from article 12
to 35 and applied irrespective of race, place of birth, religion, caste, creed, gender, and
equality of opportunity in matters of employment. They are enforceable by the courts,
subject to specific restrictions.
 9. List out the challenges faced by older persons.

 Ageism and a lost sense of purpose.

 Financial insecurity.
 Difficulty with everyday tasks and mobility.
 Finding the right care provision.
 Access to healthcare services.
10. Write about any prominent NGO in India.
India's First NGO was founded by Tagore's Nephews Sri Gaganendranath Tagore in the
year 1917 to help weavers and artists of the Kolkatta handloom. The Bengal Home
Industries Association was founded, and registered under the Indian Companies Act VII
(Section 26) in 1917.

PART B (13*5=65)

11a. Illustrate the economic, social and cultural rights in detail

 OVERVIEW. Economic, social, and cultural rights are the freedoms, privileges,
and entitlements that individuals and communities require to live a life of
dignity. These human rights include the rights to food, housing, health, education,
cultural identity, and more.
 Economic, social, and cultural rights (or ESCR) are a type of human rights
that guarantee us the conditions we need to live a life of dignity—where
everyone can achieve wellbeing, realize their potential, and have the opportunity
to find happiness and fulfilment.
 Economic, social and cultural rights (ESCR), such as the rights to adequate
housing, water, education and work, are key components of international
human rights law.
 Economic and social rights are human rights that relate to our ability to live in
dignity and participate fully in our society. They include rights related to the
workplace, social security, and access to housing, food, water, health care and
education.
  Economic, social and cultural rights include the rights to adequate food, to
adequate housing, to education, to health, to social security, to take part in
cultural life, to water and sanitation, and to work.

11b. Write in detail the historical development of human rights.

 Documents asserting individual rights, such the Magna Carta (1215), the English Bill of
Rights (1689), the French Declaration on the Rights of Man and Citizen (1789), and the
US Constitution and Bill of Rights (1791) are the written precursors to many of today's
human rights documents.
 Another evolution in the regime of individual human rights was the Bill of Rights,
introduced into the US Constitution through an Amendment in 1789. ... The era was
basically known as the “constitutionalism of human rights” as it was for the first time that
certain rights had been incorporated into the Constitution.
 First-generation rights include, among other things, the right to life, equality before the
law, freedom of speech, freedom of religion, property rights, the right to a fair trial,
and voting rights.
 Second generation rights : First comes the grub then the morals. These rights concern
how people live and work together and the basic necessities of life. They are based on
the ideas of equality and guaranteed access to essential social and economic goods,
services, and opportunities.
 The third generation of human rights is the most recent and vague in content. Those
rights include right to self-determination, economic and social development, healthy
environment, natural resources, and participation in cultural heritage

12a. Illustrate Natural law theory and Marxist theory of human rights.

 Natural law is a theory in ethics and philosophy that says that human beings possess
intrinsic values that govern their reasoning and behavior. Natural law maintains
that these rules of right and wrong are inherent in people and are not created by
society or court judges
 The Marxist of human rights theory emphasizes that even in a capitalist society, the
proletariat should not abandon its efforts to strive for human rights, and that the
 proletariat should use human rights well to improve their survival and development
conditions as well as the advancement of the society as a whole.
 Natural rights, political theory that maintains that an individual enters into society
with certain basic rights and that no government can deny these rights.
 Marxism is a social, political, and economic philosophy named after Karl Marx. It
examines the effect of capitalism on labor, productivity, and economic development and
argues for a worker revolution to overturn capitalism in favor of communism.
 In Contrary to Locke, Marx does not argue on the grounds of justice or natural
rights. For Marx, every mode of production creates its own cultural values and moral
standards; therefore there is no absolute "right" or "wrong". In the capitalist mode of
production private property dominates all other personal rights.

12b. Describe in detail about Magna Carta, 1215

 Magna Carta was issued in June 1215 and was the first document to put into writing
the principle that the king and his government was not above the law. It sought to
prevent the king from exploiting his power, and placed limits of royal authority by
establishing law as a power in itself.
 A detailed account of the months preceding the sealing of the Magna Carta has been
preserved by the historians of St. Albans abbey, where an initial draft of the charter was
read in 1213.
 On June 15, 1215, the document known as the Articles of the Barons was at last agreed
upon, and to it the king’s great seal was set. It became the text from which the draft of the
charter was hammered out in the discussions at Runnymede (beside the River Thames,
between Windsor and Staines, now in the county of Surrey), and the final version of the
Magna Carta was accepted by the king and the barons on June 19.
 By the time of the 1225 reissue, the Magna Carta had become more than a sober
statement of the common law; it was a symbol in the battle against oppression. It had
been read so many times in shire courts throughout the land that memorable phrases
would be invoked in later documents, and whenever liberty seemed in danger, men spoke
of the charter as their defense
13 a) Describe the following references that are highlighted in the original conception of the UN
charter. (i) Preamble. (ii) Among the purpose of the UN.

 PREAMBLE. WE, THE PEOPLE OF INDIA, having solemnly resolved to

constitute India into a SOVEREIGN. SOCIALIST SECULAR DEMOCRATIC
REPUBLIC.
 According to the preamble, the constitution of India has been pursuance of the
solemn resolution of the people of India to constitute India into a 'Sovereign
Democratic Republic', and to secure well-defined objects set forth in the
preamble. Sovereignty denotes supreme and ultimate power.
 The 73-word Preamble to the Constitution of India outlines the ideals that must
guide Indian democracy. Together with the Directive Principles of State Policy, it
provides the context in which the country can achieve the fundamental rights
guaranteed by the Constitution.
 To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or religion; and.

13 b. Summarize the UN human rights instruments that are beside the International bill of human
rights.

 The Charter of the United Nations is the founding document of the United
Nations. It was signed on 26 June 1945, in San Francisco, at the conclusion of the
United Nations Conference on International Organization, and came into force on
24 October 1945.
 It consists of the Universal Declaration of Human Rights (adopted in 1948), the
International Covenant on Civil and Political Rights (ICCPR, 1966) with its two
Optional Protocols and the International Covenant on Economic, Social and
Cultural Rights
 The UDHR was adopted by the newly established United Nations on 10
December 1948, in response to the “barbarous acts which outraged the conscience
 of mankind” during the Second World War. Its adoption recognised human
rights to be the foundation for freedom, justice and peace.
 The ICCPR focuses on issues such as the right to life, freedom of speech,
religion and voting. Both covenants proclaim these rights for all people and
forbid discrimination.
 The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict aims to protect children from
recruitment and use in hostilities. The Protocol was adopted by the General
Assembly on 25 May 2000 and entered into force on 12 February 2002.

14a. Describe the preamble of the constitution of India.

 A preamble is an introductory statement in a document that explains the

document’s philosophy and objectives.
 The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal
Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22,
1947.
 Preamble declares India to be a sovereign, socialist, secular and democratic republic.
 It provides a way of life. It includes fraternity, liberty, and equality as the notion of a
happy life and which can not be taken from each other.
 42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was
accepted that the preamble is part of the Constitution.

14b. Analyze the importance of justiciable and non-justiciable human rights in the Indian
constitution
 Rights that cannot be challenged in a court of law or cannot come under Judicial
review in terms of their violation are called non-justiciable rights. In other words, all
rights beyond the scope of fundamental rights (article 15 to 35 part 3) are non-justiciable
rights.
 Justiciable rights mean that when violations have occurred, there exists a right to an
effective remedy – in this case, a judicial or quasi-judicial remedy.
  The fundamental rights are enforceable in the High Courts and the Supreme Court. It has
been interpreted by the Indian Supreme Court to form part of the right to life under article
21 of the Constitution, thus making it directly enforceable and justiciable.
 The non-justifiability of DPSPs has always been a moot point in India legal system.
DPSPs are the non-justiciable part of the Constitution which suggests that a person
cannot enforce them in the Court.
 The Constitution expressly makes. these provisions non-justiciable. These rights are, by
command of the. Constitution, unenforceable in the courts. The directive principles
can.

15a. Describe the displaced persons human rights.

 Once persons have been displaced, they retain a broad range of economic, social,
cultural, civil and political rights, including the right to basic humanitarian assistance
(such as food, medicine, shelter), the right to be protected from physical violence, the
right to education, freedom of movement and residence
 Internally displaced persons have: (a) The right to seek safety in another part of the
country; (b) The right to leave their country; (c) The right to seek asylum in another
country; and (d) The right to be protected against forcible return to or resettlement in any
place where their life, safety, liberty and/or health .
 Refugees are people who have crossed an international frontier and are at risk or have
been victims of persecution in their country of origin. Internally displaced persons
(IDPs), on the other hand, have not crossed an international frontier, but have, for
whatever reason, also fled their homes
 There is no universal, legally binding instrument equivalent to the 1951 Refugee
Convention that specifically addresses their plight. Nonetheless, internally displaced
people are protected by international human rights law and domestic law and, in
situations of armed conflict, by international humanitarian law (IHL).

15b. Generalize the functions and jurisdiction of the National human rights commission
  The functions of the Commission as stated in Section 12 of the Act and apart from
enquiry into complaints of violation of human rights or negligence in the prevention of
such violation by a public servant, the Commission also studies treaties and
international instruments on human rights and make recommendations
 The NHRC is responsible for the protection and promotion of human rights, defined
by the act as "Rights Relating To Life, liberty, equality and dignity of the individual
guaranteed by the constitution or embodied in the international covenants and
enforceable by courts in India"
 The National Human Rights Commission does not have the right either to penalize the
guilty of human rights violation nor to provide any financial assistance to the victim
 the jurisdiction of NHRC to inquire into the matter was barred by section 36 (1) of the
Protection of Human Rights Act, 1993, which states that “the Commission (NHRC) shall
not inquire into any matter which is pending before a State Commission or any other
Commissions duly constituted under any law for the time being in force”.
 The inquiry initiated by this Commission on 2 July 2001 shall, therefore, continue and the
preliminary objection raised by the Tamil Nadu Government was rejected by the
Commission

PART C (15*1=15)

16 a Compare human rights in developed countries and developing countries.

 Human rights issues resolve social contradictions, and the purpose of social
development is to liberate and develop the individual. Therefore, the protection of
human rights clears the obstacles to development and promotes rapid economic
and social development.
 The countries which are independent and prosperous are known as Developed
Countries. The countries which are facing the beginning of industrialization are
called Developing Countries. Developed Countries have a high per capita income
and GDP as compared to Developing Countries
  The human rights-based approach is a perspective and process that can lead more
directly to increased enjoyment of human rights. Development processes –
traditionally technical and economically orientated - are becoming increasingly
focused on enjoyment of rights and promotion of values.
 "A 'human needs' approach appeals to charity, while a 'human rights' approach
translates need into a matter of entitlement with dignity. Universal access to
modern energy services falls within the purview of 'human rights' conversations;
therefore, a 'human rights' approach should be adopted in SEFA."

16b. Is the idea of international human rights protection reflected in the charter of the UN?
Justify.

 The International Bill of Human Rights consists of the Universal Declaration of Human
Rights, the International Covenant on Economic, Social and Cultural Rights, and the
International Covenant on Civil and Political Rights and its two Optional Protocols.
 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 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.
 Article 3 Everyone has the right to life, liberty and security of person.
 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 No one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment.
 Article 6 Everyone has the right to recognition everywhere as a person before the law.
 Article 7 All are equal before the law and are entitled without any discrimination to
equal protection of the law
 Until article 30.