University of Kashmir

(Department of Law)
Srinagar, J&K 190006

Prepared By:- Sheikh Mohsin

Batch: BA-LLB 2017-2023

Subject:-Human Rights, Humanitarian Law

& Refugee Law

Semester:-BA LLB 10th

Unit 1:-
1. Human Rights:
i) Nature, Concept, Origin and Development.
2. Human Rights some contemporary Issues:
i) Role of NGO’s
ii) Cultural Relativism
iii) Self -determination

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1. Human Rights: Nature, Concept, Origin and Development.
Introduction to Human Rights
Meaning :- Human rights refer to the basic rights and freedoms that every individual is entitled to, regardless of
their gender, religion, caste, race, nationality, or any other status. These rights are universal, inalienable, and
indivisible, meaning they apply to all individuals regardless of their race, gender, religion, nationality, or any other
status. Human rights include both civil and political rights, such as the right to freedom of speech and assembly,
and economic, social, and cultural rights, such as the right to education and health care. In India, human rights
are enshrined in the Constitution of India and various laws and policies enacted by the government.

These rights can never be taken away, although they can sometimes be restricted, for example if a person breaks
the law, or national securities.

Definition:-According to Section 2(d) of the protection of Human Right Act, 1993 :-

“Human rights means the right relating to life, liberty, equality, and dignity of individual guaranteed by the
Constitution or embodied in the international Covenants and enforceable by Courts in India.

Objects of Human Rights

 To Protect Human Rights

 To develop individual self-respect
 To value human dignity
 To promote respect, understanding and appreciation of diversity
 To promote democracy, Social Justice and friendship among people and nations.

Sources of Human Rights

 Universal Declaration of Human rights

 International Treaties and Covenants
 International Customs
 Judicial Decisions
 Official Documents

Kinds of Human Rights

Human rights are typically divided into three categories:

 First-generation rights, which include civil and political rights;

 Second-generation rights, which include social, economic, and cultural rights;
 Third-generation rights, which include collective rights, such as the right to peace and a healthy
environment.

Human rights can be broadly categorized into civil and political rights, and economic, social and cultural rights.

1. Civil and political rights: These are rights that protect individuals from abuses by governments, such as the
right to free speech, freedom of assembly, the right to a fair trial, and the right to vote.

Examples:

 Right to life, liberty and security of person

 Right to equality before the law and non-discrimination
 Right to freedom of thought, conscience, and religion
 Right to freedom of expression, association, and peaceful assembly
 Right to vote and participate in government

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2. Economic, social, and cultural rights: These are rights that ensure that individuals have access to basic
necessities such as food, shelter, health care, and education.

Examples:

 Right to education
 Right to work and just and favourable conditions of work
 Right to social security and an adequate standard of living
 Right to healthcare and medical care
 Right to cultural participation and the enjoyment of cultural rights

3. Collective rights: These are rights that belong to groups of people rather than individuals, such as the right to
self-determination of indigenous peoples or the right of minorities to maintain their culture and language.

 Right to self determination,

 Rights to peace and development etc.

Overall, the idea of human rights is central to the promotion of justice, dignity, and equality for all individuals.

Nature and Scope of Human Rights

The nature and scope of human rights are fundamental to understanding the principles that underlie the global
movement for human rights. At their core, human rights are inherent to every human being, regardless of their
nationality, race, gender, religion, or any other characteristic. They are inalienable, meaning that they cannot be
taken away or denied by any individual, government, or institution.

The nature of human rights is grounded in the belief that every individual is entitled to certain basic freedoms and
protections, and that these rights must be upheld by governments and societies to ensure that everyone can live
with dignity and respect. Human rights encompass a range of civil, political, economic, social, and cultural rights
that are considered to be essential for individuals to thrive and reach their full potential.

Civil and political rights include rights such as the freedom of speech, the right to vote, and the right to a fair trial.
Economic, social, and cultural rights include access to education, healthcare, and basic necessities such as food
and water. Human rights also address issues related to discrimination, freedom of expression, assembly, and
religion, as well as issues related to the treatment of prisoners, refugees, and other vulnerable populations.

The scope of human rights is broad and encompasses a wide range of issues that impact individuals and
communities around the world. The development and expansion of human rights frameworks, such as the
Universal Declaration of Human Rights, demonstrates the ongoing commitment to advancing the protection and
promotion of human rights globally.

One of the key features of the scope of human rights is that they are universal. This means that human rights are
applicable to all individuals, regardless of their nationality, race, gender, religion, or any other status. The
universality of human rights underscores the belief that every human being has inherent dignity and worth, and
that this dignity and worth must be protected and respected by society as a whole.

The scope of human rights is continually evolving as societies and governments recognize the need to protect and
promote the rights of all individuals. This evolution is driven by a range of factors, including changes in social
attitudes, technological advancements, and shifts in political power.

In conclusion, the nature and scope of human rights are central to the global movement for human rights. Human
rights are universal, inalienable, and essential for individuals to thrive and reach their full potential. The scope of
human rights encompasses a wide range of civil, political, economic, social, and cultural rights, and is continually
evolving to meet the needs of individuals and communities around the world. The ongoing commitment to
advancing human rights globally underscores the belief that every individual has inherent dignity and worth and
deserves to be treated with respect and equality.

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 Concept of Human Rights
The concept of human rights refers to the idea that every individual is entitled to certain fundamental freedoms
and protections simply by virtue of being human. Human rights are considered to be universal and inalienable,
meaning that they apply to all individuals regardless of their nationality, race, gender, religion, or any other
characteristic.

The concept of human rights is grounded in the belief that every human being has inherent dignity and worth and
that this dignity and worth must be protected and respected by society as a whole. Human rights include a wide
range of civil, political, economic, social, and cultural rights that are necessary for individuals to live with dignity
and reach their full potential.

Civil and political rights include the right to free speech, the right to a fair trial, and the right to vote. Economic,
social, and cultural rights include the right to education, healthcare, and a standard of living adequate for one's
well-being. Human rights also address issues related to discrimination, freedom of expression, assembly, and
religion, as well as issues related to the treatment of prisoners, refugees, and other vulnerable populations.

The concept of human rights has evolved over time and has been influenced by various historical, cultural, and
political contexts. One of the key developments in the modern human rights movement was the adoption of the
Universal Declaration of Human Rights (UDHR) by the United Nations in 1948. The UDHR outlines a set of universal
human rights that are considered to be the foundation of modern human rights law.

The concept of human rights is also closely linked to the idea of social justice, which is concerned with promoting
fairness, equality, and opportunity for all individuals. The recognition and protection of human rights is seen as a
key aspect of promoting social justice and ensuring that all individuals have access to the resources and
opportunities necessary to live a fulfilling life.

In conclusion, the concept of human rights is based on the idea that every individual has inherent dignity and
worth and is entitled to certain fundamental freedoms and protections. Human rights encompass a wide range of
civil, political, economic, social, and cultural rights that are necessary for individuals to live with dignity and reach
their full potential. The recognition and protection of human rights are closely linked to the concept of social
justice and are essential for creating a just and equitable society.

Origin and Development of Human Rights

The origin and development of human rights dates to ancient civilizations such as Greece and Rome, where
philosophers and thinkers developed the idea of natural law and inherent rights that belonged to all human beings.
However, the modern concept of human rights has its roots in the Enlightenment period of the 18th century,
when philosophers such as John Locke and Jean-Jacques Rousseau developed theories about individual freedom
and rights. The American and French Revolutions of the late 18th century also played a significant role in the
development of human rights, as these events led to the creation of new constitutions and declarations that
recognized certain rights and liberties.

The origin and development of human rights can be traced back to several important historical documents that
have contributed to the evolution of human rights over time. These documents include:

1. Magna Carta: The Magna Carta, also known as “Great Charter” signed in 1215 by King John of England,
established the principle that everyone, including the king, is subject to the law. It also established the idea that
individuals have certain basic rights, including the right to a fair trial and the right to protection against arbitrary
imprisonment.

2. Petition of Rights: The Petition of Rights, sent by the English parliament to Charles I in 1628, sought to limit the
power of the monarchy and protect individual liberties, including the right to a fair trial and protection against
arbitrary imprisonment.

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3. Bill of Rights: The Bill of Rights, adopted in 1689, established certain basic civil rights, including the right to free
speech, the right to bear arms, and the right to a fair trial.

4. Virginia Declaration: The Virginia Declaration, adopted in 1776, affirmed that all men are by nature equally free
and independent and have certain inherent rights, including the right to life, liberty, and the pursuit of happiness.

5. French Declaration of the Rights of Man and Citizen: The French Declaration of the Rights of Man and Citizen,
adopted in 1789, established the idea that all men are equal before the law and affirmed the principle of liberty,
equality, and fraternity

6. The United States' Civil War and the Emancipation Proclamation of 1863 marked a major milestone in the
recognition of human rights, as it abolished slavery and recognized African Americans as citizens with equal rights.
It was because, the abolitionist movement and the fight against slavery brought the issue of human rights to the
forefront of political debate.

7. The Lieber Code: also known as the General Orders No. 100, was issued on April 24, 1863. The Code was
intended to provide a framework for the Union Army's conduct during the Civil War, including rules for the
treatment of prisoners of war, civilians, and property in enemy territory. The Lieber Code was an important step
forward in the development of international humanitarian law which established a standard of conduct for Union
soldiers that was meant to prevent the mistreatment of civilians and prisoners of war, and to limit the destruction
of property. It prohibited torture, cruelty, and unnecessary violence against non-combatants, and required that
prisoners of war be treated humanely and provided with basic necessities such as food, water, and medical care.

8. Constitution of the United States: The Constitution of the United States, adopted in 1787 with amendments in
1789, 1865, 1869, and 1919, specifies a number of fundamental rights of man, including the right to free speech,
the right to a fair trial, and the right to bear arms.

9. Universal Declaration of Human Rights: In the early 20th century, the Universal Declaration of Human Rights
was adopted by the League of Nations in 1924. This document recognized certain basic human rights, including
the right to life, liberty, and the pursuit of happiness. However, it was not legally binding and did not have the
force of law . The atrocities committed during World War II, particularly the Holocaust, led to a renewed emphasis
on human rights in the post-war era. The United Nations was created in 1945, and in 1948 the Universal
Declaration of Human Rights was adopted by the UN General Assembly. The Universal Declaration of Human
Rights, is a milestone document in the history of human rights, as it sets forth fundamental human rights to be
universally protected. Since the adoption of the UDHR, there has been a continued development and expansion
of human rights.

10. International Covenants: The International Covenants of 1966, adopted by the United Nations General
Assembly, consist of two covenants: the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social, and Cultural Rights (ICESCR). These covenants set out civil, political,
economic, social, and cultural rights to be protected around the world.

Overall, the origin and development of human rights can be seen as a long and complex process, involving the
contributions of many individuals and groups over time. These historical documents have played a critical role in
shaping our understanding of human rights and establishing the principles that guide their protection and
promotion today.

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2. Human Rights & Some contemporary Issues related to it:
Contemporary issues related to human rights include:
1. Discrimination: Discrimination based on race, ethnicity, gender, religion, sexual orientation, or any other
status is a violation of human rights. Discrimination can manifest in various forms, including unequal
access to education, healthcare, employment, and housing.

2. Refugee Crisis: The world is currently facing a significant refugee crisis, with millions of people displaced
from their homes due to war, conflict, persecution, and environmental disasters. These refugees often
face human rights violations, including restrictions on their freedom of movement, arbitrary detention,
and lack of access to healthcare and education.

3. Police Brutality: In many countries, police brutality remains a significant issue, with law enforcement
officials using excessive force and violence against citizens, particularly those from marginalized
communities. This violates the right to life, liberty, and security of individuals.

4. Gender-Based Violence: Gender-based violence, including domestic violence, sexual assault, and
trafficking, continues to be a pervasive human rights violation. Women and girls are particularly
vulnerable to such violence, which can have long-lasting physical, psychological, and emotional effects.

5. Climate Change: Climate change is not just an environmental issue but also a human rights issue. The
adverse effects of climate change, such as rising sea levels, extreme weather events, and food insecurity,
disproportionately affect vulnerable communities, including indigenous peoples, women, and children.

It is essential to address these contemporary issues related to human rights through a combination of
international, national, and local efforts, including legislation, policy changes, awareness-raising campaigns, and
advocacy. It is also crucial to hold governments accountable for human rights violations and ensure that victims
have access to justice and redress.

i) Role of NGO’s
NGOs, or non-governmental organizations, play an important role in promoting and protecting human rights
around the world. Some main functions of NGOs related to human rights include:

1. Advocacy and awareness-raising: NGOs engage in advocacy efforts to raise awareness about human rights
abuses and promote human rights education. This can involve lobbying governments and international
organizations, as well as public campaigns and media outreach.

2. Legal aid and representation: NGOs provide legal assistance and representation to victims of human
rights violations who may not have access to legal services otherwise. They may file public interest
litigation (PIL) or writ petitions in court to seek justice for human rights abuses.

3. Monitoring and reporting: NGOs often serve as independent monitors of human rights abuses,
documenting violations and raising awareness of them through reports, publications, and public
statements.

4. Service provision: NGOs often provide direct services to individuals whose human rights have been
violated, such as legal aid, medical care, and shelter.

5. Capacity building: NGOs work to build the capacity of individuals and organizations to promote and
protect human rights. This can include training and education programs, as well as technical assistance
and networking opportunities.

6. Policy development and implementation: NGOs engage in policy development and implementation at the
national and international levels, advocating for the adoption and implementation of human rights laws
and standards, and monitoring compliance with these standards.

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In India, NGOs have been instrumental in advocating for the rights of marginalized communities, promoting access
to education and healthcare, and advancing environmental protection.

One of the landmark cases in India that highlights the role of NGOs in protecting the rights of marginalized
communities is the case of Bandhua Mukti Morcha v. Union of India (1984). Bandhua Mukti Morcha is an NGO
that works towards the eradication of bonded labor in India. The organization filed a public interest litigation (PIL)
in the Supreme Court of India seeking the release and rehabilitation of bonded laborers working in stone quarries
in Faridabad, Haryana.

In this case, the Supreme Court of India recognized the role of NGOs in protecting the rights of bonded laborers
and directed the government to take appropriate measures to eradicate bonded labor in the country. The court
also issued guidelines for the rehabilitation of bonded laborers, including their release from bonded labor,
payment of compensation, and provision of alternative employment opportunities. The case resulted in the
release and rehabilitation of thousands of bonded laborers across the country.

Another notable case in India where NGOs played a key role is the Bhopal Gas Tragedy. In 1984, a gas leak at a
Union Carbide plant in Bhopal, India resulted in the deaths of thousands of people and long-term health problems
for hundreds of thousands more. NGOs such as the International Medical Commission on Bhopal and the Bhopal
Gas Peedit Mahila Udyog Sangathan (BGPMUS) were instrumental in raising awareness of the disaster and
advocating for the rights of the victims.

NGOs in India also play an important role in promoting access to education and healthcare, particularly for
marginalized communities. For example, the Azim Premji Foundation is an NGO that works to improve the quality
of education in rural areas of India. The foundation works with government schools to provide training for
teachers and administrators, as well as educational resources for students.

NGOs in India also work to advance environmental protection and sustainability. The Centre for Science and
Environment is an NGO that focuses on promoting sustainable development and environmental protection in
India. The organization conducts research, advocates for policy change, and provides education and training on
environmental issues.

Overall, NGOs play a critical role in promoting human rights and sustainable development in India and around the
world. They provide essential services and advocacy for marginalized communities, and work to hold governments
and corporations accountable for their actions.

ii) Cultural Relativism

Cultural relativism is a theoretical framework that recognizes the diverse cultural practices and beliefs of societies
around the world. It suggests that there is no universal standard of right or wrong or good or bad behavior, and
that every culture must be understood on its own terms. In other words, cultural relativism asserts that people's
behavior and beliefs can only be understood within the context of their cultural background and that it is
inappropriate to judge or evaluate them based on the standards of another culture.

There are different interpretations of cultural relativism, with some scholars advocating for strong relativism and
others supporting weaker versions of the theory.

Strong relativism, also known as radical or extreme relativism, posits that all cultures are equal and that it is
impossible to make value judgments across different cultures. This view suggests that all cultural beliefs and
practices should be accepted and respected, even if they seem to be morally problematic or harmful.

Weak relativism, on the other hand, acknowledges cultural diversity but does not necessarily insist on the
complete absence of universal moral standards.

There are two main types of cultural relativism that have been identified by scholars. These include descriptive
relativism and normative relativism.

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Descriptive relativism refers to the observation that cultures vary in their beliefs, values, and practices. It is a non-
normative approach that does not make any claims about what is right or wrong, but instead seeks to describe
cultural differences objectively. This approach highlights the importance of cultural context and the need to
understand other cultures on their own terms. However, some critics argue that descriptive relativism can be too
passive and does not encourage critical reflection or the possibility of cultural change.

Normative relativism, on the other hand, is a prescriptive approach that asserts that moral judgments can only be
made within the context of a particular culture. This view suggests that moral standards are relative to specific
cultures and that there is no objective way to determine which culture's moral standards are better or worse.
Normative relativism emphasizes the importance of cultural diversity and encourages respect for different moral
perspectives. However, critics argue that this approach can lead to moral relativism, where any behavior can be
justified as long as it is consistent with the cultural norms of a particular society.

In conclusion, cultural relativism is a complex and nuanced theoretical framework that recognizes the diversity of
cultural practices and beliefs around the world. While there are different interpretations and types of cultural
relativism, the theory emphasizes the importance of understanding and respecting cultural differences. However,
cultural relativism is not without its limitations, and some critics argue that it can lead to moral relativism and a
lack of accountability for moral wrongdoing.

Further, cultural relativism presents a challenge to the universal realization of human rights. Critics argue that
cultural relativism allows for the justification of human rights violations in the name of cultural practices. For
example, some cultures practice female genital mutilation, which is considered a violation of human rights by
universalist standards. However, cultural relativists argue that this practice should be understood within the
cultural context and not judged based on Western standards.

And here a question arises that:

How does cultural relativism pose a challenge to the universal realization of human rights.

Cultural relativism poses a significant challenge to the universal realization of human rights because it asserts that
different cultures have their own distinct moral codes and values. This means that what is considered a
fundamental human right in one culture may not be recognized as such in another.

For instance, some cultures may view the subordination of women as a necessary aspect of their traditional
practices, which may contradict the universal human rights principle of gender equality. Similarly, some cultures
may view practices such as female genital mutilation or child marriage as acceptable, while others see them as
gross violations of human rights.

Cultural relativism, therefore, undermines the idea of a universal set of human rights, and this makes it difficult
to develop a common understanding of what constitutes human rights. It also makes it challenging to establish
mechanisms to enforce human rights universally.

In addition, cultural relativism can be used as a justification for human rights violations. For example, a
government may argue that certain practices are culturally acceptable, and therefore, human rights organizations
should not interfere. This argument can be used to justify practices that would otherwise be regarded as human
rights abuses.

Moreover, cultural relativism has been criticized for perpetuating cultural stereotypes and reinforcing power
dynamics between different cultures. Critics argue that cultural relativism is often used to justify oppressive
practices, such as the subjugation of women and minority groups.

Overall, cultural relativism poses a significant challenge to the universal realization of human rights, and it requires
careful consideration and analysis to strike a balance between respecting cultural diversity and promoting
universal human rights.

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 iii) Self -determination
Self-determination refers to the right of individuals communities and nations to freely determine their political,
economic, social, and cultural development. It is the principle that individuals and communities have the right to
participate in decision-making processes that affect their lives and to have their voices heard. This includes the
right to choose their own political system, to freely express their views, and to participate in the cultural and
economic life of their community. Self-determination is a fundamental human right that is enshrined in numerous
international human rights instruments and is seen as essential for promoting democracy, protecting human
rights, and preventing conflict and instability The principle of self-determination has been enshrined in numerous
international human rights instruments, including the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights, as well as in regional human rights treaties and declarations.

The concept of self-determination has its roots in the 18th and 19th centuries, when various movements for
national liberation and decolonization emerged in Europe and other parts of the world. These movements sought
to challenge the domination of one group over another and to establish the right of peoples to determine their
own destiny.

In the context of human rights, self-determination is understood as the right of individuals and communities to
participate in decision-making processes that affect their lives and to have their voices heard. This includes the
right to choose their own political system, to freely express their views, and to participate in the cultural and
economic life of their community.

Self-determination is often associated with the idea of sovereignty, which refers to the power and authority of a
state to govern itself and to make decisions that affect its citizens. However, the concept of self-determination
extends beyond the idea of state sovereignty to include the right of minority groups within a state to participate
in decision-making processes and to preserve and promote their cultural identity.

There have been many cases related to the principle of self-determination throughout history, including:

1. The decolonization movements of the 20th century, where colonies sought independence from their
colonizers and the right to self-rule.
2. The ongoing conflict between Israel and Palestine, where the Palestinian people seek self-determination
and the establishment of an independent state.
3. The conflict in Kashmir, where some people seek independence from India and the right to self-
determination.
These cases highlight the complex and contentious nature of the principle of self-determination.

One of the most controversial aspects of the principle of self-determination is the question of how it should be
applied in practice. Some advocates of self-determination argue that it should be extended to all groups, including
ethnic, linguistic, and religious minorities, while others believe that it should be limited to national groups seeking
independence or autonomy.

Another issue related to self-determination is the tension between the right of individuals and communities to
determine their own future and the need to respect the territorial integrity of existing states. While the principle
of self-determination recognizes the right of peoples to establish their own state, it does not necessarily mean
that every group has the right to secede from an existing state.

In practice, the application of the principle of self-determination has been a contentious issue in many parts of
the world. For example, in cases where ethnic or linguistic minorities seek greater autonomy or independence,
the question of whether to grant them self-determination can be highly complex and sensitive.

Despite these challenges, the principle of self-determination remains a fundamental human right and a
cornerstone of international law. It is seen as essential for promoting democracy, protecting human rights, and
preventing conflict and instability.

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