HUMAN RIGHTS LAW

& PRACTICE
Most important previous year questions
1. Define human rights? Explain the origin and development of human
rights.
2. Discuss economic, social and cultural international covenant on
economic, social and cultural rights?
3. Discuss the European court on human rights along with the case laws. 4.
Discuss the constitution powers and functions of national human rights
commission.
5. Explain the various rights of women and state the implementation
procedures made under the CEDAW (Convention on elimination of all
forms of discrimination against women).
6. Explain the important provisions of protection of human rights act 1993.
7. State the important provisions of Indian constitution regarding
implementation of human rights of children.
8. Role of public interest litigation in securing human rights.
9. Convention relating to the stateless persons.
10.Write a note on rights of minorities.
11.State the human rights provisions provided under the U. N charter.
12.Explain the rights of the child guaranteed under the convention on the
rights of the child.
13.Discuss the civil and political rights under international covenant on civil
and political rights.
14.Discuss the human rights guaranteed and protected under the
constitution of India?
15. Discuss the constitution, powers and functions of state human rights
commission.
16.Explain the functions of American commission and American court of
 human rights.
17.What are the human rights? Explain the development of human rights.
18. Write a note on African commission of human rights.
19.Explain the significance of international convention on rights of women.
20.Define human rights. What are the sources of international human rights
law?
21.Explain the importance and provisions of the universal declaration of
human rights.
22. Discuss the rights and freedom provided under the European convention
on human rights.
23.Write a note on UN high commissioner of human rights.
24.Write a note of rights of aged persons.
25.Explain the International bill of human rights.
26.Explain the three main procedures for implementation of the African
charter on human and people’s rights.
27.Explain the role united nations of children fund (UNICEF) in protecting
the rights of children.
28.Explain the purposes for the establishment of united nations high
commissioner for refugees.
29.Write a note on NGO’s role in protecting human rights.
30.Write a note on rights of disabled person.
31.Discuss the implementation procedure of the rights provided under the
covenant on Civil & political rights 1966.
32.Discuss the rights and freedom provided under the American convention
on human rights.
33. With the help of decided case explain the role of courts in protecting
human rights in India.
34.Explain the salient features of the human rights (protection) act
1993. 35. Explain the writs available under the constitution of India for
the protection of human rights.
36.What are the sources of international human rights law.
37. Write a note on different kinds of human rights.
1.Define human rights? Explain the origin and development of human
rights. 1) Introduction

The term Human Rights denotes all those rights which are inherent in their
nature and without which we cannot live as human beings. Human Rights
being eternal part of the nature of nature of human beings. The human rights
are classified into three categories which include Human Rights incorporated in
the International Convent on Civil and Political Rights, 1966, the International
Covenant on Economic Social and Cultural Rights 1966 and Collective Rights
1966. The conception of Human Rights is not very modern, though it appears
to be so. It has developed through different stages in human history. In the
earliest stages, the concept and benefits of Human Rights remained primarily
confined to the higher classes of people. Later, the bill of rights, 1689 declared
certain freedom available to all citizens. In its declaration of independence,
1776 the United States of America has declared certain unalienable rights as
human rights. after the French Revolution, it was declared that " all men are
born free, they remain free and have equal rights". The concept of human right
is a part of International Law. In fact, the concept of human right has acquired
an International status because it has crossed all geographical boundaries and
it has been recognized throughout the world today.

Definition of Human Rights.

Human Right is relating to human. Nature of human right is different. It belong
with the human being. It is inseparable with human being. It does not require
any state recognition, any legitimacy from the state and any enforcement.
Human rights are older than states. History of human rights can be traced back
to man itself. When there was only human being human right was there. When
there was not state, natural law etc there was human right. History of human
rights starts with the history of man itself. Different names were given to
human rights. It is inherent rights as the child from the womb of the mother
acquires it.

Human rights are standards that recognize and protect the dignity of all human
beings. Human rights govern how individual human beings live in society and
with each other, as well as their relationship with the State and the obligations
that the State have towards them.
2) Meaning of Human Rights
The Term "Human Rights" denotes all those rights which are inherent in their
nature and without which we cannot live as human beings. The Human Rights
being eternal part of the nature of human beings are essential for the
development of individual personality and human qualities, the intelligence,
talent and consciences and to enable them to satisfy the spiritual and other
higher demands.

Human Rights are derived from the principle of Natural Law. They are neither
derived from the social order nor conferred upon the individual by the society.

Human rights are the rights that a human being has in virtue of whatever
characteristics he has that are both specifically and universally human.

3) Origin and Development of Human Rights:

The conception of Human Rights is not very modern, though it appears to be

so.

Historical background -

The origin and development of Human Rights has been on two bases, the first
is the National and the second is International.
On the National base, the conception of human rights got its breed to originate
and develop in the form of religion in different countries and in different times.
The conception may be felt to originate in the ideas of Mercy, Kindness and
Pity on human beings in various scriptures.
The origin of human rights can be traced back to the times of Ancient Greece.
In Antigone, A Greek play, human rights are recognized as the natural rights of
man.
Antigone's Brother, while he was rebelling against the king, was killed and his
burial was prohibited by the King. Antigone buried her brother in defiance of
the king's prohibitory order. She was arrested. Her defense was that she had
acted in accordance with "Immutable unwritten laws of heaven" which, even
the king, had no authority to break. According to some Scholars, the concept of
Human Rights lies in the Ideology of Natural law.
Stoic Philosophy developed the "Natural Law Theory" and explained the nature
of Human Rights First.
According to Stoic Philosophy, Human Rights were such a rights which every
human being possesses by virtue of being a Human. But, it is said that even
before the formulation of natural law theory, the Greek City States original
enjoy the same basic rights like-
(i) the freedom of speech (Isogoria)

(ii) the right to equality before the law (Isonomia) and

(iii) the right to equal respect for all (Isotimia)

The theory of natural law was formulated after The breakdown of the Greek
city States.

Stoic philosophers claim that the principles of Natural Law were universal in
their application. The principles of natural over Universal throughout the
world.

Cecero (106-43 BC) also believe that the Natural Law theory for the universal
acceptation, and unchanging and everlasting.

(a) The Middle Ages -

During the era, notable thinkers like Albert (1079-1142) and Thomas (1224-
1274) developed the Theory of Natural Law as a higher Principle of Law to be
derived from reason. But, neither of the two make the human personality as
the main focus of law and social life. Thomas Aquinas believed in and favoured
the existence of slavery. More emphasis was laid on the development of the
principle of sovereignty and not on the development of the theory of human
rights.

Swain J.E notes "this approach later one become one of the greatest obstacles
to the law relating to the protection of human rights"

During the Renaissance there began a steady decline of feudalism. New beliefs
replaced the old beliefs. because of the Renaissance movement, there arose a
concept of individual freedom out of the natural law. Ideas like Liberty, equality
right to private property were slowly begin accepted. This change was a
consequence of the ideology of Aquinas (1224-1274), Hugo and Grotius and
others including the proclamation of Magna Carta (1215). The Magna Carta
(1215) is often considered to be the source of Human Rights. However, it is not
really so. The Magna Carta was only a deed of compromise upon the allotment
of powers between King John and his subjects. The British Parliament had
fought against the King and out of this struggle had emerged the bill of rights.
In the Bill of rights there is no specific mention of Human Rights though the bill
of rights contains certain matters which relate to human rights. The American
Declaration of Independence, 1776 has clearly declared that all human beings
are equal.

At the end of the 18th century and in the beginning of 19th-century certain
laws, eliminating the institution of slavery were passed. The League and
Nations has put a ban on slavery in 1926.The Red Cross was established in
1863 for the protection of human rights

In the charter of the league of nations are there was no provision for human
rights. the Charter had directed its member States to adopt a humanitarian
approach in all matters relating to women and children.

b) After the Frist War -

After the First World War was over, some attempts were made to promote
and universalizes Human Rights. The Treaty of Versailles was entered into but
it did not have any impact. This Treaty was entered into because it was felt
that the rights of individuals must be protected against violation by one's own
country. A private organization, Institute of International Law, took steps to
formulate the provisions of Human Rights.

(c) After Second World War -

During the Second World War the world had seen the horror of War and
unleashing of nuclear weapons made future wars seem much more dangerous
and dreadful. Development to become an important Agenda of the post
Second World War International community.

At the San Francisco conference held on 25th 26th June 1945, the charter of
the United Nations was finalized. In this charter, there were incorporated
numerous provision relating to the protection and promotion of Human Rights.
The Universal Declaration of Human rights was adopted by the United Nations
General Assembly on 10th December 1948. This paved the way for the
preparation of other documents on human rights like International Covenant
on civil and political rights,1966, and the International Covenant on economic
social and cultural rights 1966.
2.Discuss economic, social and cultural international covenant on economic,
social and cultural rights?
Introduction:
The International Covenant on Economic, Social and Cultural Rights (1966),
together with the Universal Declaration of Human Rights (1948) and the
International Covenant on Civil and Political Rights (1966), make up the
International Bill of Human Rights. In accordance with the Universal
Declaration, the Covenants recognize that “... the ideal of free human beings
enjoying civil and political freedom and freedom from fear and want can be
achieved only if conditions are created whereby everyone may enjoy his civil
and political rights, as well as his economic, social and cultural rights.”
The Covenant entered into force in 1976 and by May 2012 it had been ratified
by 160 countries.

Article 1

All peoples have the right of self-determination, including the right to

determine their political status and freely pursue their economic, social and
cultural development.
Article 2
Each State Party undertakes to take steps to the maximum of its available
resources to achieve progressively the full realization of the rights in this
treaty. Everyone is entitled to the same rights without discrimination of any
kind.
Article 3
The States undertake to ensure the equal right of men and women to the
enjoyment of all rights in this treaty.
Article 4
Limitations may be placed on these rights only if compatible with the nature of
these rights and solely for the purpose of promoting the general welfare in a
democratic society.
Article 5
No person, group or government has the right to destroy any of these rights.
Article 6
Everyone has the right to work, including the right to gain one’s living at work
that is freely chosen and accepted.
Article 7
Everyone has the right to just conditions of work; fair wages ensuring a decent
living for himself and his family; equal pay for equal work; safe and healthy
working conditions; equal opportunity for everyone to be promoted; rest and
leisure.
Article 8
Everyone has the right to form and join trade unions, the right to strike.
Article 9
Everyone has the right to social security, including social insurance.
Article 10
Protection and assistance should be accorded to the family. Marriage must be
entered into with the free consent of both spouses. Special protection should
be provided to mothers. Special measures should be taken on behalf of
children, without discrimination. Children and youth should be protected from
economic exploitation. Their employment in dangerous or harmful work
should be prohibited. There should be age limits below which child labor
should be prohibited.
Article 11
Everyone has the right to an adequate standard of living for himself and his
family, including adequate food, clothing and housing. Everyone has the right
to be free from hunger.
Article 12
Everyone has the right to the enjoyment of the highest attainable standard of
physical and mental health.
Article 13
Everyone has the right to education. Primary education should be compulsory
and free to all.
Article 14
Those States where compulsory, free primary education is not available to all
should work out a plan to provide such education.
Article 15
Everyone has the right to take part in cultural life; enjoy the benefits of
scientific progress.
3.Discuss the European court on human rights along with the case
laws. Introduction:

The European Court of Human Rights (ECtHR) is a regional human rights judicial
body based in Strasbourg, France, created under the auspices of the Council of
Europe. The Court began operating in 1959 and has delivered more than 10,000
judgments regarding alleged violations of the European Convention on Human
Rights.

In 1998, the European human rights system was reformed to eliminate the
European Commission of Human Rights, which previously decided the
admissibility of complaints, oversaw friendly settlements, and referred some
cases to the Court – in a manner similar to the current Inter-American System.
Now, individual victims may submit their complaints directly to the European
Court of Human Rights.

Jurisdiction

The Court has jurisdiction to decide complaints (“applications”) submitted by

individuals and States concerning violations of the Convention for the
Protection of Human Rights and Fundamental Freedoms (commonly referred
to as the “European Convention on Human Rights“), which principally concerns
civil and political rights. It cannot take up a case on its own initiative. Notably,
the person, group or non-governmental organization submitting the complaint
(“the applicant”) does not have to be a citizen of a State party.

However, complaints submitted to the Court must concern violations of the

Convention allegedly committed by a State party to the Convention and that
directly and significantly affected the applicant. As of November 2018, there are
47 State parties to the Convention; these include the Member States of the
Council of Europe and of the European Union. Some of these States have also
ratified one or more of the Additional Protocols to the Convention, which
protect additional rights.

Structure
In order to resolve many cases simultaneously, the ECtHR is organized into five
sections, or administrative entities, which each have a judicial chamber. Each
section has a President, Vice President, and a number of judges. The Court’s 47
judges are selected by the Parliamentary Assembly of the Council of Europe
from a list of applicants proposed by the Member States. To read more about
the judges and their election process, see our ECtHR Composition & Election
guide.

Within the Court, the judges work in four different kinds of groups, or “judicial
formations.” Applications received by the Court will be allocated to one of
these formations:

1. Single Judge: only rules on the admissibility of applications that are clearly
inadmissible based on the material submitted by the applicant.

2. Committee: composed of 3 judges, committees rule on the admissibility of

cases as well as the merits when the case concerns an issue covered by well
developed case law (the decision must be unanimous).

3. Chamber: composed of 7 judges, chambers primarily rule on admissibility

and merits for cases that raise issues that have not been ruled on repeatedly (a
decision may be made by a majority). Each chamber includes the Section
President and the “national judge” (the judge with the nationality of the State
against which the application is lodged).

4. Grand Chamber: composed of 17 judges, the Grand Chamber hears a small,

select number of cases that have been either referred to it (on appeal from a
Chamber decision) or relinquished by a Chamber, usually when the case
involves an important or novel question. Applications never go directly to the
Grand Chamber. The Grand Chamber always includes the President and
Vice-President of the Court, the five Section presidents, and the national
judge.
Submitting an Application

Applications to the European Court of Human Rights must comply with the
requirements described in Article 47 of the Rules of Court. Applicants should be
aware that the Court periodically modifies its rules and procedures; in 2014, it
began applying stricter requirements for individual applications.
To submit an application, applicants should use the application form, which is
available online and must be filled out in its entirety. Copies of all relevant
documents must be included along with the application, which must be
submitted by postal mail.

Case Law

Iverson vs. Norway.

Iverson was a Norwegian dentist and he was ordered by the ministry of social
affairs to practice in a remote village. Iverson joined the service, but
immediately left. The court fined him for the disobedience of order of rural
service against the order, Iverson filed the application with the commission
which dismissed the application and held that the order of the ministry to
perform rural service did not constitute forced or compulsory labour as under
the European convention of human rights.

4.Discuss the constitution powers and functions of national human rights

commission.
Introduction:
The National Human Rights Commission or NHRC is a standalone entity of the
Government of India with the mission of promoting and protecting human
rights. It is a statutory body mentioned in the Constitution of India that was
established in 1993 under the ‘Protection of Human Rights Act.’ This act was
further amended in 2006

NHRC Composition – Members of NHRC

• TheNational Human Rights Commission (NHRC) is composed of a

Chairperson and eight other members.
• Those eight members are:
 o Four full-time members.
o Four deemed members.
Composition of NHRC

Chairman of NHRC Retired Chief Justice of India

Member 1 One who is/has been a Judge of Supreme Court of India

Member 2 One who is/has been a Chief Justice of a High Court

Two Members Candidates with the knowledge or practical experience

in the matters of Human Rights

Deemed Members (Ex Deemed members are chairpersons of the below

officio Members) national commissions:

1. National Commission for Minorities

2. National Commission for Scheduled Castes
3. National Commission for Scheduled Tribes
4. National Commission for Women

Appointment of NHRC Members

•ASelection Committee will recommend the candidates to the President. •

The Selection Committee includes:
o Prime Minister (Chairman)
o Speaker of Lok Sabha
o Union Home Minister
o Deputy Chairman of Rajya Sabha
o Leaders of the Opposition in both Houses of the Parliament

Functions & Powers of NHRC

The functions of the National Human Rights Commission (NHRC) as stated in
Section 12 of the Protection of Human Rights Act,1993 includes 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 makes recommendations for
their effective implementation to the Government.

• NHRC can investigate any complaints related to violations of Human Rights

in India either suo-moto or after receiving a petition.
• NHRC can interfere in any judicial process that involves any allegation of
violation of Human Rights.
• It can visit any prison/institute under the control of the state governments
to observe the living conditions of inmates. It can further make
recommendations based on its observations to the authorities.
• NHRC can review the provisions of the Constitution that safeguard Human
Rights and can suggest necessary restorative measures.
• Research
in the field of Human Rights is also promoted by the NHRC. •
Human Rights awareness and literacy through different media are
promoted by NHRC in various sectors of society.
• NHRC has the power to recommend suitable steps that can prevent
violation of Human Rights in India to both Central as well as State
Governments.
• The President of India gets an annual report from NHRC which is laid
before both the Houses of the Parliament.
5.Explain the various rights of women and state the implementation
procedures made under the CEDAW (Convention on elimination of all forms
of discrimination against women).
Introduction:

The Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW, hereinafter) is an international convention that was adopted
by the United Nations General Assembly on December 18, 1979. It is referred to
as an “international bill of rights for women.” The convention is divided into six
sections, with a total of 30 Articles. It was established on September 3, 1981,
and has been ratified by 189 states. Over 50 nations have ratified the treaty
subject to various declarations, reservations, and objections, including 38
countries that have rejected the application of Article 29, which addresses
mechanisms of resolving disputes concerning the interpretation or
implementation of the convention.
By signing the Convention, nations agree to adopt a number of steps to
eliminate all forms of discrimination against women, including:

1. to incorporate the principle of equality of men and women in their

legal system, abolish all discriminatory laws and adopt appropriate
ones prohibiting discrimination against women;
2. to establish tribunals and other public institutions to ensure the
effective protection of women against discrimination; and
3. to ensure the elimination of all acts of discrimination against women
by persons, organizations, or enterprises.

A brief history about the Convention

The United Nations Commission on the Status of Women (CSW) had previously
worked on women’s political rights and the minimum marriage age. Despite
the fact that the 1945 United Nations Charter promotes human rights for all
people, some claim that earlier U.N. agreements on sex and gender equality
were a fragmented strategy that failed to remove general discrimination
against women.

Optional protocol

Human rights treaties are frequently followed by “Optional Protocols” that

either provide for treaty procedures or address a substantive issue connected
to the treaty. These protocols are also regarded as crucial. Optional Protocols
to human rights treaties are treaties in their own right that can be signed,
acceded to, or ratified by nations who are parties to the treaty. The optional
protocol to the “Convention on the Elimination of All Forms of Discrimination
against Women” includes:

Communications procedure

Individuals and groups of women have the right to protest about violations of
the Convention to the Committee on the Elimination of Discrimination against
Women. This is known as the “communications procedure.” The United
Nations communications processes grant the ability to petition or a complaint
about infringement of human rights. The complaint must be in writing under
all procedures.

Inquiry procedure
It permits the committee to conduct investigations of grave or systemic
Optional Protocol parties. This capability, known as an inquiry mechanism, is
provided in Article 8 of the Optional Protocol.
An inquiry method and a complaints mechanism are included in the optional
protocol. An inquiry procedure enables the committee to conduct
investigations into significant and systematic violations of women’s human
rights in countries that become the Optional Protocol States. It is based on
Article 20 of the International Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. The inquiry procedure:

1. Allows an international committee of experts to investigate serious

violations of women’s human rights; Is beneficial when individual
communications fail to convey the systemic character of widespread
violations of women’s rights;
2. Allows for the investigation of widespread infractions in situations
when individuals or groups may be unable to communicate (for
practical reasons or because of fear of reprisals)
3. Allows the committee to make recommendations on the structural
reasons of violations;
4. And enables the committee to address a wide range of concerns in a
specific country.

6.Explain the important provisions of protection of human rights act

1993. Introduction:

he first documented use of the term “human rights” can be found in the
United Nations Charter, which was established after World War II in San
Francisco on June 25, 1945. This charter was not legally binding. It actually
defined the ideal, which would later be developed by many agencies and
entities. In December 1948, the United Nations General Assembly took a
significant step to ensure the protection of human rights and adopted the
Universal Declaration of Human Rights.

Important provisions of the Protection of Human Rights Act, 1993 The

important provisions of the Act could be divided into four parts as follows:
 1. Definition of “Human Rights”
2. NHRC: Constitution, Functions, Power, and Procedure
3. SHRC: Constitution, Functions, Power and Procedure
4. Human Rights Courts.

Part I of the Act: Definition of Human Rights

Section 2(d) of the Act defines human rights as individual rights to life, liberty,
equality, and dignity guaranteed by the Constitution or recognized in
international covenants and enforceable by Indian courts. The
abovementioned definition, however, limits the scope of the functions of the
National Human Rights Commission. As a result, India ratified only
the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social, and Cultural Rights. However, the covenants are
not directly enforceable as law in Indian courts. Therefore, under the
Protection of Human Rights Act 1993, the definition of human rights is firmly
limited to the fundamental rights included in Part Ill of the Constitution, which
are enforceable by Indian courts.

Part II of the Act: National Human Rights Commission (NHRC)

Chapters II, III, and IV of the Act deal with the constitution, composition, and
functioning of the NHRC.

Constitution of the NHRC

The constitution of the National Human Rights Commission (NHRC) is dealt

with in Chapter II of the Act. Section 3 (1) of the Act provides that the Central
Government shall establish the National Human Rights Commission.

Composition of the Commission

Section 3(2), (3) & (4) of the Act provides for the composition of the
Commission. Details are as follows.
Chairman of NHRC Retired Chief Justice of India
Member 1 One who is/has been a Judge of the Supreme Court of India

Member 2 One who is/has been a Chief Justice of a High Court

Three Members (out

They are to be appointed from amongst persons having knowledge
of which at least one
of, or practical experience in, matters relating to human rights.
shall be a woman)
Deemed Members Deemed members are chairpersons of the following national
(Ex-officio commissions: National Commission for Backward Classes Nationa
Members) Commission for Minorities National Commission for Protection of
Child Rights National Commission for the Scheduled Castes
National Commission for the Scheduled Tribes National
Commission for Women Chief Commissioner for Persons with
Disabilities

Headquarters of NHRC [Section 3 (5)]

Section 3(5) of the Act provides that Delhi shall be the headquarters of the
Commission. However, the Commission may, with the prior approval of the
Central Government, establish offices in other places in India.

Appointment of NHRC Members [Section 4]

Section 4 deals with the appointment of the Chairperson and other members.
As per this section, a selection committee will recommend the candidates to
the President.

The Selection Committee includes:

• Prime Minister (Chairman)

• Speaker of the Lok Sabha
• Union Home Minister
 • Deputy Chairman of the Rajya Sabha
• Leaders of the Opposition in both Houses of Parliament
This section further provides that a sitting Supreme Court Judge or Chief
Justice can not be appointed without consultation with the Chief Justice of
India.
Tenure of office of the members [Section 6]

Section 6 of the Act provides that the Chairperson or any other member shall
hold office for a term of 3 years or until they attain the age of 70 years,
whichever is earlier and shall be eligible for re-appointment.

Removal of the Chairperson or any other member [Section 5]

Section 5 of the Protection of Human Rights Act, 1993, lays down the
procedures and grounds for the removal of any member of the
Commission.

As per this section, the Chairperson or any other member of the Commission
may be removed from office only by the President on proven misbehavior or
incapacity. In this case, however, the President is required to refer the matter
to the Supreme Court for investigation. And, if the Supreme Court upholds the
cause of removal and advises the President, the Chairperson or a member of
the NHRC can be removed.

Further, the President, under the provisions of this section as mentioned

above, has the authority to remove the Chairperson or any other member if
he:

• is adjudged insolvent; or
• engages in any other paid employment outside the duties of his office
during his term of office; or
• is unfit to continue in office due to infirmity of mind or body; or •
is of unsound mind and is so declared by a competent court; or
• is convicted and sentenced to imprisonment for an offense that, in
the President’s opinion, involves moral corruption.
Functions and powers of the Commission

As per Section 12 of the Act, the functions and powers of the National Human
Rights Commission are as follows:
• NHRC can investigate any complaints related to violations of Human
Rights or negligence in the prevention of such violations by a public
servant; either suo-moto or after receiving a petition.
• NHRC can interfere in any judicial process involving any allegation of
human rights violation.
• It has the authority to visit any prison or institute under the control of
the state governments to observe the living conditions of inmates. It
can also make recommendations to the authorities based on its
observations.
• NHRC can examine the articles of the Constitution that protect human
rights and make recommendations for punitive measures.
• Examine the causes that obstruct the enjoyment of human rights,
including acts of terrorism, and make recommendations for proper
remedies.
• Study human rights treaties and other international instruments and
make suggestions for their effective implementation.
• The Committee undertakes and promotes research in the field of
human rights.
• Human Rights Literacy and awareness of the safeguards available for
the protection of these rights are promoted by NHRC in various
sectors of society through different media, seminars, publications,
etc.
• Encourage non-governmental organizations and institutions that work
in the field of human rights;
• The National Commission for Human Rights may perform any other
function that it considers necessary for the promotion of human
rights.
Section 13 of the Act provides that the NHRC while investigating complaints
under this Act, has all of the powers of a civil court trying a case under the
Code of Civil Procedure.
According to Section 14, the Commission is authorized to employ any officer or
intelligence agency of the Central Government or any State Government to
conduct an investigation related to the inquiry.
Section 20 provides that the Commission is obliged to submit an annual report
as well as special reports to the Central Government and state governments.

Human rights Violations: landmark judgments by NHRC

The following are some of the important cases in which the NHRC intervened
and formed a positive approach to prevent human rights violations.

Case One: Gujarat Riots

In this case, the National Human Rights Commission took suo-moto cognizance
in response to media reports about the finding of a mass grave in Lunawada
village, Panchmahal District, Gujarat. The Commission asked for a report on the
matter from the State Government and the CBI.

In Gujarat, communal violence on a large scale was recorded in February and

March 2002. Approximately three thousand members of the minority Muslim
community were massacred, and the property was destroyed.

The Gujarat state government and police failed to take the necessary measures
to avoid violence and failed to provide protection, security, and justice to
Muslim minority community victims. The NHRC initiated a suo-moto inquiry
into these incidents and instructed the state administration to report on the
steps taken to restore calm in Gujarat. The Commission also petitioned the
Supreme Court of India on behalf of the Gujarat riot victims.

Case two: Punjab mass cremations

The Supreme Court referred this case of gross violation of human rights to the
NHRC. The Commission found that the bodies of these people were burned by
state authorities in contempt of cremation procedures for unidentified bodies.
The Commission held that the act violated the dignity of the dead and harmed
the emotions and sentiments of their kin, who would have wanted to perform
their last rites. Therefore, the Commission held the State of Punjab
accountable and responsible for the infringement of the right to life.
Accordingly, the Punjab government was directed by the NHRC to deposit Rs.
18,39,25,000/- within three months for distribution to the next of kin.
Besides this, the National Human Rights Commission also awarded
compensation of Rs 1.75 lakh to the next of kin of the 1051 victims of this case
of mass cremation in the state of Punjab.

Part III of the Act: State Human Rights Commissions (SHRC)

Chapter V, Sections 21–29, contains the provisions regarding the constitution,

composition, and functioning of the SHRC.

State Human Rights Commissions are statutory, non-constitutional bodies (at

the state level) involved in protecting human rights and examining violations
that occur within their respective states, just like what the National Human
Rights Commission does at the national level.

West Bengal was the first state in India to constitute a State Human Rights
Commission, It was established on 31st January 1995. Now, As per the
official information, 26 states have constituted the State Human Rights
Commission.

Click here for current updates and details regarding the chairpersons,
members, and other officials of SHRCs in various states.

Constitution of SHRC

According to Section 21 of the Act, the State Government may establish a body
known as the Human Rights Commission of that state.

Case Law related to the constitution of SHRC

In D.K. Basu v. State of W.B. (2015), the Supreme Court held that constituting a
state Human Rights Commission is mandatory and does not depend upon the
discretion of the state government.

Composition of SHRC

Section 21 of the Act provides that the State Human Rights Commission shall
 consist of the following:
Chairperson Former Chief Justice or a Judge of a High Court

Two A Judge of a High Court or District Judge in the State with at least seven
members years of experience as a District Judge.A person who has knowledge as we
as practical experience in human rights issues.

This section further provides that the Secretary shall be the Chief Executive
Officer of the State Commission.

Appointment of members of SHRC

Section 22 provides that the Governor shall appoint the Chairperson and other
members of the State Commission on the recommendation of a committee
consisting of the Chief Minister, the Speaker, the Minister in charge, etc. A
sitting High Court judge or a district judge could be appointed only after
consulting with the Chief Justice concerned.

Tenure of the office of members

Provisions regarding the term of office of the chairperson and other members
of the state commission are contained in Section 24, and it is the same as it
was in the national commission. (3 years or 70 years of age, whichever is
earlier, and they are also eligible for reappointment).

Scope and jurisdiction of SHRC

Subject to the principle of res judicata, the State Commission is authorized to

investigate violations of human rights relating to any of the entries in Lists II
and III of the Seventh Schedule of the Constitution of India.

Two or more state governments may, with the consent of a chairperson or

member of a state commission, appoint such a chairperson or member of
another state commission simultaneously if he consents to such
appointment.
Functions and Powers of SHRC
In Bihar State Electricity Board v. Bihar State Human Rights Commission (2012),
the Patna HC observed that the State Human Rights Commission has the same
functions and powers within the jurisdiction of the State as the National
Commission has under Section 12 of the Act.

Part IV of the Act: Human Rights Courts

Chapter VI of the Act, comprising Sections 30 and 31, makes the provisions
relating to the creation of Human Rights Courts in each district.

Section 30 of the Act authorizes the State Governments, with the consent of
the Chief Justice of the High Court, to establish Human Rights Courts by
Notification, specifying for each District a Court of Sessions to be a Human
Rights Court. In line with Section 31 of the Act, the State Government shall
appoint a public prosecutor or an advocate who has been in practice as an
advocate for at least seven years for the purpose of conducting matters in the
Human Rights Courts. Such a person would be known as a “Special Public
Prosecutor.” It is, however, to be noted that it is not mandatory for the States
to create Human Rights Courts in each and every district, as Section 30 of the
Act expressly uses the expression “the State Government may set up the
Courts.” However, in order to provide a speedy trial of offenses arising out of
violations of human rights, it is desirable that states, particularly those where
human rights violations take place in large numbers, should establish such
courts.

7.State the important provisions of Indian constitution regarding

implementation of human rights of children.
Introduction:
Constitutional provisions which protect the rights of children in India
The constitution ensures the rights and protection of children through its
various provisions. Children on the account of their sensitive age and immature
age need special care and protection. They have specific rights and legal
entitlements that are being recognized nationally and internationally. The
constitution has recognized the rights of children to a great extent and
included many articles dealing with the compulsory and free education, liberty
and development in childhood, non-discrimination in educational spheres and
prohibition of their employment in factories, mines and hazardous conditions.

The legal provisions are:-

ARTICLE 14 – RIGHT TO EQUALITY

According to this article, the State shall not deny to any person the equality
before the law or the equal protection of laws within the territory of India.

Citizen of India including children must be treated equally before the law and
must be given equal protection by law without any discrimination or
arbitrariness. This right which is provided in the Indian Constitution protects
the rights of children so that their dignity and integrity as a child is not
exploited. Children being vulnerable have more chance to be treated unequally
in the Indian society. Article 15 of the Indian Constitution prohibits
discrimination. In Article 15(3), nothing in this Article shall prevent the State
from making any special provision for women and children. It is very clear from
Article 15(3) that “special provision” does not mean unequal treatment but it is
established for the well being and development of the children in India.

ARTICLE 21A –RIGHT TO EDUCATION

According to this article, The State shall provide free and compulsory
education to all the children of the age of six to fourteen years in such manner
as the State may by law, determine

The Constitution (Eighty-sixth Amendment) Act,2002 inserted Article 21A in

the Constitution to provide free and compulsory education of all the children
in the age group six to fourteen years as a Fundamental Right. There have
been many backlashes in providing education to all the children in the state.
There are many reasons for the same. The right to education is reflected in
international law in Article 26 of the Universal Declaration of Human Rights
and Article 13 and 14 International Covenant on Economic, Social and Cultural
Rights.

ARTICLE 24 –PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES

According to this Article, No child below the age of fourteen shall be employed
to work in any factory or mine or engaged in any other hazardous
employment.
Hazardous conditions may include construction work or railway. This article
does not prohibit and harmless work. This Article provides the regulation and
prohibition of child labour in India. Child Labour is defined as the work which
deprives children of their childhood, potential and their dignity; it is something
which causes a threat to their physical and mental development. UNICEF
estimates India with such a high population has a high rate of child labourers.
India, after its independence from the colonial rule, has passed many
constitutional protections and laws on child labour.

DIRECTIVE PRINCIPLES OF STATE POLICES

There have been many provisions in the Directive Principles of state policies
which specify how the state is responsible for the protection of rights of
children.

ARTICLE-39 – Certain principles of the policy to be followed by the state.

Article 39(e) states that the health and strength of workers, men and women,
and the tender age of children are not forced by economic necessity to enter
avocation unsuited to their age or strength.

Child Labour is one of the social evil that is forced by economic necessity; it is
the responsibility of the state to ensure that no child is subjected to any
physical or mental abuse.

Article39 [1](f) states that children are given opportunities and facilities to
develop in a healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against moral and
material abandonment.

This provision also protects childhood and provides opportunities and facilities
to grow with the safe explosion.

ARTICLE 45 This provision is for early childhood care and education children
below the age of six years.
According to this provision, the State shall Endeavour to provide early
childhood care and education for all the children until they complete the age of
six years. According to this Act of the Indian Constitution, the state shall
protect the child and is responsible for the development within them. The
state shall ensure the safe growing environment, where their childhood can be
experienced by themselves without any external threat. After that, it is the
responsibility of the state to provide them with free and compulsory education

No matter how the condition of the child is, even if they are not protected by
their own parents or they are denied with their rights by their own parents.
The State has to take strict measures for the well being of the child.

Case Laws:

M.C Mehta v. State of Tamil Nadu

The judgment passed states the direction to prohibit child labour in hazardous
conditions; the petitioner was concerned about the high rate of child labour in
hazardous conditions in the Match factories of Savakis in Kamraj district of
Tamil Nadu. The judgment gave out the visions of the constitution and also
linked between child labours with poverty, the judgment also stated that there
has been no proper eradication of child labour by the state,

Sanjay Suri v. Delhi administration

The court laid down orders to transfer some guilty officers and laid down the
rules to protect children in jails. Juvenile undertrials were the subject of Sanjay
Suri’s petition. Many children were sent to jail despite the prohibition in the
children’s Act. The Juvenile were kept together with habitual and other adults
where they were brutalized and made to do undesirable tasks.

8.Role of public interest litigation in securing human rights.

Introduction:

Prior to the 1980s, only the aggrieved party could approach the courts for
justice. However, post 1980s and after the emergency era, the apex court
decided to reach out to the people and hence it devised an innovative way
wherein a person or a civil society group could approach the Supreme Court
seeking legal remedies in cases where public interest is at stake. And thus
Public Interest Litigation was formed.
Through the mechanism of PIL, the courts seek to protect human rights in the
following ways:

1) By creating a new regime of human rights by expanding the meaning of

fundamental right to equality, life and personal liberty. In this process, the right
to speedy trial, free legal aid, dignity, means and livelihood, education, housing,
medical care, clean environment, right against torture, sexual harassment,
solitary confinement, bondage and servitude, exploitation and so on emerge as
human rights. These new reconceptualized rights provide legal resources to
activate the courts for their enforcement through PIL.
2) By democratization of access of justice. This is done by relaxing the
traditional rule of locus standi. Any public spirited citizen or social action group
can approach the court on behalf of the oppressed classes. Courts attention can
be drawn even by writing a letter or sending a telegram. This has been called
epistolary jurisdiction.
3) By fashioning new kinds of reliefs under the court’s writ jurisdiction. For
example, the court can award interim compensation to the victims of
governmental lawlessness. This stands in sharp contrast to the Anglo-Saxon
model of adjudication where interim relief is limited to preserving the status
quo pending final decision. The grant of compensation in PIL matters does not
preclude the aggrieved person from bringing a civil suit for damages. In PIL
cases the court can fashion any relief to the victims.
4) By judicial monitoring of state institutions such as jails, women’s protective
homes, juvenile homes, mental asylums, and the like. Through judicial
invigilation, the court seeks gradual improvement in their management and
administration. This has been characterized as creeping jurisdiction in which
the court takes over the administration of these institutions for protecting
human rights.
5) By devising new techniques of fact-finding. In most of the cases the court
has appointed its own socio-legal commissions of inquiry or has deputed its
own official for investigation. Sometimes it has taken the help of National
Human Rights Commission or Central Bureau of Investigation (CBI) or experts
to inquire into human rights violations. This may be called investigative
litigation.

In Bandhu Mukti Morcha v. Union of India, SC ordered for the release of

bonded laborers. In Murli S. Dogra v. Union of India, court banned smoking in
public places. In a landmark judgement of Delhi Domestic Working Women’s
Forum v. Union of India ((1995) 1 SCC 14), Supreme Court issued guidelines for
rehabilitation and compensation for the rape on working women. In Vishaka v.
State of Rajasthan Supreme court has laid down exhaustive guidelines for
preventing sexual harassment of working women in place of their work.

9.Convention relating to the stateless persons.

Introduction:

What is Statelessness?
Under International Law, a stateless person means an individual who is not
recognized as a national of any country. Article 1 of the 1954 Convention
relating to the Status of Stateless Persons defines a stateless person as “a
person who is not considered as a national by any State under the operation of
its law.”. Hence if there is no link or bond between an individual and a country
then such an individual will be termed as stateless.

A notable incident of statelessness is where Merhan Karimi Naserri, an Iranian

refugee who was denied citizenship in his country, spent 18 years of his life at
the Charles de Gaulle Airport in France. In 2004, his autobiography was
published in the book “The Terminal”.

1954 Convention relating to Status of Stateless Persons

This convention deals with the international protection of stateless persons. It

defines who is a stateless person, provides basic rights to them and strives to
solve the everyday practical problems faced by them. The stateless person is
obliged to abide by the laws, regulations and maintain public order of the
country in which he currently is. Certain provisions of this convention are:

1. Article 5 – the right to freedom of religion.

2. Article 22 – The right to education.
3. Article 27 – A stateless person not having a travel document to be
issued with identity papers by the contracting state.

1961 Convention on the Reduction of Statelessness

This Convention was brought with the aim to eradicate statelessness dealing
with the conferral of citizenship giving effect to Article 15 of the Universal
Declaration of Human Rights – the right to nationality for all. Some important
provision of the Convention:

1. Article 1 – Subject to certain conditions, granting nationality to all

stateless children born in their state, automatically or upon
application.
2. Article 2 – granting nationality to those children that are found
abandoned in their state.

Statelessness affects the basic, social, economic, civil and political rights of
forcefully displaced people. As a citizen of a country, a person enjoys various
benefits but a stateless person is deprived of many rights and benefits, such as:

• Right to vote;
• Right to employment;
• Right to home;
• Right to register for marriage;
• Right to education/cannot enrol children in school;
• Right to medical care.

Conclusion
Statelessness is a serious matter and stateless persons are found in every
country and often lead an invisible life as they and their rights are not
recognized. The international community, especially the UN, is actively working
to prevent and protect the rights of stateless persons. But despite this, new
instances of statelessness keep on emerging and hence statelessness still
possesses to be a major issue. More effective approaches need to be created
and implemented to tackle this problem and protect the rights of these people.

10.Write a note on rights of minorities.

Introduction:
Minority rights in India protect people from being discriminated against on
grounds of their ethnic cultural, linguistic or religious identity. Individuals
belonging to minorities must be able to learn and use their language, use their
own names, preserve and freely express their identity. Minority rights,
therefore, guarantee equality before the law, protection of basic freedom,
non-discrimination and protection against violence on the grounds of identity,
participation in political and public life, possibilities for cooperation with other
communities and organisations within states and across borders. Rights of
Minorities are the inherent part of human rights. They promote tolerance and
respect for diversity. Their aim is to ensure that minorities and majorities live
peacefully together and support each other in building a better future.

Constitutional Provisions for Minorities in India

The Constitution of Indi lists down a few important mandates with regard to
Minorities in India. Discussed below are the same in brief:

• Article
15 (1) & (2) – Prohibition of discrimination against citizens on
grounds of religion, race, caste, sex or place of birth
• Article16(1)&(2) – Citizens’ right to equality of opportunity in matters
relating to employment or appointment to any office under the State •
Article 25(1) – People’s freedom of conscience and right to freely
profess, practise and propagate religion – subject to public order,
morality and other Fundamental Rights
• Article28 – People’s freedom as to attendance at religious instruction or
religious worship in educational institutions wholly maintained • Article
30(1) – Right of all religious and linguistic minorities to establish and
administer educational institutions of their choice
• Article30(2) – Freedom of minority-managed educational institutions
from discrimination in the matter of receiving aid from the State

Case Laws:

1. In Ravneet Kaur v. Christian Medical College, the court held that a

private institution which is not receiving aid from the State cannot
discriminate against a person for admission on grounds of religion.
2. In the State of Madras v. Champakam, the question of Article 29(2)
was challenged for the first time. The SC held that the classification to
the Govt. the order was based on race, religion and caste which were
inconsistent to Article 29(2).

11.State the human rights provisions provided under the U. N charter.

Introduction:
THE UNITED NATIONS CHARTER
When states become members of the UN they accept the obligations of the UN
Charter that sets out the four main purposes of the UN: to maintain
international peace and security; to develop friendly relations among nations;
to co-operate in solving international problems and in promoting respect for
human rights; and to be a centre for harmonising the actions of nations.

The UN Charter refers to human rights in the Preamble and Articles 1, 8, 13,
55, 56, 62, 68 and 76:

Article 1 defines one of the objectives of the UN : promoting and encouraging

respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language or religion’.
Article 8 states that ‘the United Nations shall place no restrictions on the
eligibility of men and women to participate in any capacity and under
conditions of equality in its principal and subsidiary organs.
Article 13 says that the responsibilities, functions and powers of the General
Assembly shall include ‘assisting in the realisation of human rights and
fundamental freedoms for all.
Article 55 describes the purposes of the UN in international co-operation,
which include under (c): ‘universal respect for, and observance of human rights
and fundamental freedoms for all without discrimination as to race, sex,
language, or religion’. Article 56 contains a pledge by all members ‘to take joint
and separate action in co-operation with the Organisation for the achievement
of the purposes set forth in Article 55’.
Article 62 contains similar provisions in describing the responsibilities,
functions and powers of the Economic and Social Council (ECOSOC).
Article 68 authorises the ECOSOC to set up commissions ‘in economic and
social fields and for the promotion of human rights’.
Article 76 contains human rights provisions in the description of the
international trusteeship system.

12.Explain the rights of the child guaranteed under the convention on the
rights of the child.
Introduction:
The United Nations Convention on the 'Rights of the Child' is an international
statement of the civil, political, economic, social and cultural rights of children.
The UN General Assembly adopted the Convention and opened it for signature
on 20 November 1989

1. Guiding principles: General requirements for all rights

2. Survival and development rights: The basic rights to life and achieving
one’s full potential
3. Protection rights: Keeping safe from harm
4. Participation rights: Having an active voice

Guiding principles: General requirements for all rights

Article 1 (definition of the child)
Everyone under 18 years of age has all the rights in this
convention. Article 2 (without discrimination)
The convention applies to everyone whatever their race, religion, abilities,
whatever they think or say, and whatever type of family they come from.
Article 3 (best interests of the child)
All organisations concerned with children should work towards what is best for
every child.
Article 4 (protection of rights)
Governments must do all they can to fulfil the rights of every
child. Article 6 (survival and development)
Every child has the right to life. Governments must take necessary steps to
ensure that children survive and grow up well.
Article 12 (respect for the views of the child)
Children have the right to say what they think in all matters that may affect
them and to have their opinion taken into account.

Survival and development rights: The basic rights to life and achieving one’s full
potential

Article 7 (registration, name, nationality, care)

Children have the right to a legally registered name and nationality. They also
have the right to know and, as far as possible, to be cared for, by their parents.
Article 9 (separation from parents)
Children should not be separated from their respective parents unless it is for
their own good, for example, if a parent is abusing or neglecting a child). In the
event of their parents getting separated, they have the right to stay in contact
with both parents, unless this might harm them.
Article 20 (children deprived of a family)
If the children cannot be looked after by their own family, governments should
ensure that they are looked after properly by people who respect their
religion, culture and language.

Article 22 (refugee children)

If children have come into the country as refugees,then it is important that
they have the same rights as children born here. Also adequate steps are to be
taken to make sure that these children are reunited with their families,
wherever possible.
Article 23 (with disability)
Every child with a disability has the right to live a decent life with dignity,
independence and an active role in the community. They are entitled to special
care and support to lead such a life..
Article 24 (health and health services)
Children have the right to good quality health care, clean water, nutritious
food and a clean environment, so that you they stay healthy.

Article 25 (review of treatment in care)

Those children who are under the care of any local authority (hospital, custody
etc), rather than by their parents, have the right of review of their treatment
and situation regularly.
Article 26 (social security)
Children have the right for help from the Government if they are poor or in
need.
Article 27 (adequate standard of living)
Every child has the right to a standard of living that is good enough to meet
their physical and mental needs. The Government should help their families, if
they cannot afford to provide this.
Article 28 (right to education)
Every child has the right to an education. Primary education must be free.
Secondary education must be available to every child.

Article 29 (goals of education)

Education should develop your personality and talents to the maximum extent.
It should encourage the child's respect for human rights as well as respect for
their parents, their own and other cultures and the environment.

Article 30 (children of minorities)

Every child has the right to learn and use the language, customs and religion of
their family, whether or not these are shared by the majority of people in the
country.
Article 31 (leisure, play and culture)
Children have the right to relax, play and join in a wide range of cultural and
extra-curricular activities.
Article 42 (awareness of rights)
The Government should make the convention known to all parents and
children.
Protection rights: Keeping safe from harm
Article 19 (protection from violence)
Governments should ensure that the children are properly cared for and
protected from violence, abuse and neglect by their parents, or anyone else
who looks after them.

Article 32 (child labour)

The Government should protect children from work that is dangerous, or that
might harm your health or education.
Article 36 (other forms of exploitation)
Children should be protected from any activities that could harm their
development.
Article 35 (abduction)
The Government should make sure that children are not abducted or sold.

Article 11 (kidnapping or trafficking)

The Government should take steps to protect children from being taken out of
their country illegally.
Article 34 (exploitation)
The Government should protect children from sexual abuse.
Article 37 (detention)
No child shall be tortured or suffer cruel treatment or punishment, while being
detained for an offence. They can be arrested only as the last resort and that
too for the shortest possible time and they are entitled to be in contact with
their families during the detention period.

Article 40 (juvenile justice)

Children who are accused of breaking the law, are entitled to receive legal help
and a fair trial which takes into consideration their age and situation.
Participation rights: Having an active voice
Article 15 (freedom of association)
Every child has the right to receive and to share information, to meet together
and to join groups and organisations as long as it does not restrict the rights of
others.

Article 13 (freedom of expression)

Every child has freedom to say what they think and to seek and receive
information of any kind as long as it is within the law.
Article 16 (right to privacy)
Children have a right to privacy. The law should protect children from attacks
against their way of life, their families and homes.

Article 17 (access to information from mass media)

Children have the right to reliable information from the mass media.
Television, radio and newspapers should provide information that they can
understand, and should not promote materials that could harm them.

13.Discuss the civil and political rights under international covenant on civil
and political rights.
Introduction:
This Covenant was adopted by the United Nations General Assembly on 16
December 1966 and entered into force on 23 March 1976. By May of 2012, the
Covenant had been ratified by 167 states.
The Covenant elaborates further the civil and political rights and freedoms
listed in the Universal Declaration of Human Rights.
Under Article 1 of the Covenant, the states commit themselves to promote the
right to self-determination and to respect that right. It also recognises the
rights of peoples to freely own, trade and dispose of their natural wealth and
resources.
Among the rights of individuals guaranteed by the Covenant are:
Article 2
The right to legal recourse when their rights have been violated, even if the
violator was acting in an official capacity.
Article 3
The right to equality between men and women in the enjoyment of their civil
and political rights.
Article 6
The right to life and survival.
Article 7
The freedom from inhuman or degrading treatment or punishment.
Article 8
The freedom from slavery and servitude.
Article 9
The right to liberty and security of the person and freedom from arbitrary
arrest or detention.
Article 11
The freedom from prison due to debt.
Article 12
The right to liberty of movement and freedom to choose residence
Article 14
The right to equality before the law; the right to be presumed innocent until
proven guilty and to have a fair and public hearing by an impartial tribunal.
Article 16
The right to be recognised as a person before the law.
Article 17
The right to privacy and its protection by the law.
Article 18
The freedom of thought, conscience and religion.
Article 19
The freedom of opinion and expression.
Article 20
Prohibition of propaganda advocating war or national, racial or religious
hatred.
Article 21
The right to peaceful assembly.
Article 22
The right to freedom of association.
Article 23
The right to marry and found a family
Article 24
The rights for children (status as minors, nationality, registration and name).
Article 25
The right to participate in the conduct of public affairs, to vote and to be
elected and access to public service.
Article 26
The right to equality before the law and equal protection
Article 27
The right, for members of religious, ethnic or linguistic minorities, to enjoy
their culture, practice their religion and use their language.
Conclusion:
The Covenant is legally binding; the Human Rights Committee, established
under Article 28, monitors its implementation. The First Optional Protocol
establishes an individual complaint mechanisms for the ICCP. By May 2012, the
protocol had been ratified by 114 states. The Second Optional Protocol entered
into force in 1991 and aims at the abolition of the death penalty. By May 2012
it had been ratified by 74 states.
14.Discuss the human rights guaranteed and protected under the
constitution of India?
Introduction:
The Rights and Fundamental Rights are sections of the Constitution of India
that provides people with their rights. These Fundamental Rights are
considered as basic human rights of all citizens, irrespective of their gender,
caste, religion or creed. etc. These sections are the vital elements of the
constitution, which was developed between 1947 and 1949 by the
Constitution of India.

There are six fundamental rights in India. They are Right to Equality, Right to
Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural
and Educational Rights, and Right to Constitutional Remedies.
Brief Description of Provision COI

Right to life and liberty Article 21

Prohibition of trafficking and forced labour Article 23

Protection against detention in certain cases Article 22

Freedom of movement Article

19(1)(d)

Right to equality Article 14

Right not to be compelled to be a witness against Article 20(3)

own self

Protection against double jeopardy Article 20(2)

Protection against ex-post facto law Article 20(1)

Right to freedom of conscience and to practice, Article

profess and propagate any religion 25(1) &
25(2)(a)

Freedom of speech and expression Article

19(1)(a)

Right to assembly peacefully Article

19(1)(b)

Right to form union/ association Article

19(1)(c)
 Equality in opportunity of public service Article 16(1)

Equality and equal protection before law and no Article 14

discrimination on the basis of any ground such as & 15(1)
race, colour, sex, language, religion etc.

Protection of interests of minorities Article

29(1) &
30

15.Discuss the constitution, powers and functions of state human rights

commission.
Introduction:
The Protection of Human Rights Act, 1993, provided for the establishment of
the State Human Rights Commission by an Act of Parliament for the
protection and promotion of human rights in India. The State Government
may create a body called the Human Rights Commission of that state in order
to exercise the powers or perform the responsibilities that are given to the
State Commission. This article lets us see the composition, functions, and
powers of the State Human Rights Commission.

Composition of the States Human Rights Commission

The State Human Rights Commission is made up of three members: a

chairperson and two members.

Chairperson

The chairperson shall be a retired Chief Justice of a High Court or a High Court
Judge

Members

Members should be a serving or retired High Court judge or a District Judge

with a minimum of seven years experience as a District Judge, as well as
someone with knowledge or practical experience in human rights.
Appointment
The Governor appoints the Chairperson and members based on the
recommendations of a committee headed by the Chief Ministers and including
the Speaker of the Legislative Assembly.

Tenure

• The chairperson and members are elected for a three-year term or until
they reach the age of 70, whichever comes first.
• Although the governor appoints the chairperson and members of a State
Human Rights Commission, they can only be removed by the President
(and not by the Governor).

Salary and Allowances

The state government determines the chairperson's or member's salary,

allowances, and other working conditions. After his appointment, however,
they cannot be changed to his detriment.

Functions
The functions of the States Human Rights Commission are as follows:

1. To investigate any breach of human rights or failure to prevent such

violations by a public servant, either on its own initiative or in response
to a petition or a court order.
2. To intervene in any pending legal proceedings including allegations of
human rights violations.
3. Visit jails and detention centers to assess detainees' living conditions and
make recommendations.
4. Review and recommend steps for effective implementation of
constitutional and other legal safeguards for the protection of human
rights.
5. Review the circumstances that obstruct the enjoyment of human rights,
including acts of terrorism, and make recommendations for solutions. 6. To
conduct and encourage research on human rights issues. 7. People's human
rights literacy should be promoted, as well as awareness of the measures
available to defend these rights.

Powers of the States Human Rights Commission

 • The Commission has the authority to govern its own procedure. It has all
of the functions of a civil court and conducts judicial proceedings.
• It may request information or a report from the state government or any
other authority that has previously been subordinate.
• The Commission has no authority to investigate any matter after one
year has passed after the alleged violation of human rights occurred. • To
put it another way, it can investigate a problem within a year of its
occurrence.

16.Explain the functions of American commission and American court of

human rights.
Introduction:
he American Convention on Human Rights (ACHR) was adopted on 22
November 1969 by the Organization of American States (OAS) and entered
into force on 18 July 1978. The Convention formalizes the Inter-American
system of human rights protection, resting on the Inter-American Commission
on Human Rights and the Inter-American Court of Human Rights, per Article 33
of the ACHR. In general, cases are first brought before the Commission, which
may then decide to refer them to the Court.
The Commission’s purpose is not to issue a judgment or sentence, since it is not
a judicial organ. Instead, it seeks to reach friendly settlements in light of written
and oral information transmitted, on the Commission’s request, by the State
concerned by the complaints. In “serious and urgent cases,” the Commission
may conduct on-site investigations, with the prior consent of the State in whose
territory a violation was allegedly committed. In other situations, on-site visits
to countries remain an instrument that the Commission can use to engage in
more in-depth analysis of the situation, but they are the result of prior
examination of the matter
If a friendly settlement is reached, the Commission draws up a report,
transmits it to the petitioner and to all States party to the Convention, and
submits it for publication to the OAS Secretary-General, including a brief
statement of the facts and the solution reached
Functions of the commission:
Under its mandate to “promote respect for and defence of human rights,” the
Commission also
 • observes the general human rights situation in the Member States and
publishes special reports when it considers it appropriate;
• promotes public awareness regarding human rights in the Americas,
including publishing studies on subjects such as the independence of the
judiciary, activities of irregular armed groups, and human rights
conditions of children, women, and indigenous peoples;
• recommends to the OAS Member States that they adopt certain measures
that would contribute to human rights protection;
• responds to States Parties’ inquiries on matters related to human rights; •
requests that the Court order “provisional measures” in urgent cases that
involve danger to persons, even where a case has not yet been submitted
to the Court;
• requests advisory opinions from the Court on the interpretation of the
ACHR.

InterAmerican Court of Human Rights

The Court, based in San José, Costa Rica, is the judicial organ of the Inter
American system of human rights protection. It was established by the 1969
American Convention on Human Rights but was actually set up in 1979, after
the Convention entered into force. It is composed of seven independent
judges, elected to six-year terms (they can be re-elected once) by the States
party to the American Convention on Human Rights.
The judges hold two regular sessions per year, but they may also meet in
special sessions. They elect their president and vice president to two-year
terms (they can also be re-elected once). They appoint their secretary, whose
staff is appointed by the Secretary-General of the OAS, in consultation with the
secretary. The Court adopted its Rules of Procedure in 1980 and last revised
them in November 2009.
Advisory and Contentious Jurisdiction
At the request of OAS Member States, the Court is competent to issue advisory
opinions regarding the interpretation of the ACHR and other treaties
concerning the protection of human rights in the Americas and any question
relating to the jurisdiction of OAS organs. In particular, it may give opinions on
the compatibility of domestic laws with these human rights instruments to
requesting States.
It also has contentious jurisdiction over alleged violations of the ACHR, and it
monitors States’ application of the Convention. However, the Court’s
jurisdiction is not automatically binding on States, except for those that have
expressly accepted its jurisdiction
Judgments
If the Court finds that there has been a violation of a right or freedom
protected by the ACHR, it rules that “the injured party be ensured the
enjoyment” of the right or freedom that was violated.
It may also rule that the measure or situation that constituted or resulted in the
breach be remedied and that fair compensation be paid to the injured party
(Art. 63.1 of ACHR). The Court’s judgments are final and not subject to appeal.
The OAS General Assembly is responsible for monitoring the implementation
of these rulings (Art. 67).
In extremely serious and urgent cases, the Court may adopt provisional
measures to protect individuals in matters under its consideration. It may also
do so on request of the Commission for cases that have not yet been submitted
to it (Art. 63.2).
The Court submits an annual report to the General Assembly of the OAS. In
particular, it must specify the cases in which a State has not complied with the
Court’s judgments and make any pertinent recommendations (Art. 65). The
OAS may choose to signal which States failed to comply with these decisions.
17.What are the human rights? Explain the development of human
rights. Refer Q.No. 1.

18.Write a note on African commission of human rights.

Introduction:
The African Commission is tasked with promoting and protecting human rights
by interpreting the African Charter and considering individual complaints.
Established in 1986 and located in Banjul, The Gambia, the commission hears
cases from the 53 Member States of the African Union (all except South
Sudan).
Establishment
The African Commission on Human and People’s Rights (“Commission”) was
established under Article 30 of the African Charter on Human and Peoples’
Rights (“African Charter”), and became operational on 21 October 1986. The
Commission reports to the Assembly of Heads of State and Government of the
African Union (AU)
Members
The 11 Commissioners serve in their personal capacities for six-year terms that
may be renewed once. There are two ordinary sessions each year, usually in
March/April and October/November, and also extraordinary sessions
Jurisdiction
The Commission has jurisdiction over the rights set out in the African Charter.
Its duties include examining national reports on the situation of human rights
which each State is required to submit every other year, adopting resolutions
and declarations, country visits, and adjudicating communications (complaints)
submitted by Member States, individuals, and NGOs.
The Commission has also developed a system of “Special Measures,” consisting
of: (1) Special Rapporteurs to whom specific allegations of human rights
violations in specific areas may be brought, and (2) Working Groups that
monitor and investigate specific questions linked to the Commission’s work.
With the creation of the African Court on Human and Peoples’ Rights (under a
protocol to the Charter adopted in 1998 which entered into force in January
2004), the Commission can also submit cases to the Court.
Admissibility
State Parties, individuals, or NGOs may bring communications to the
Commission, alleging that a State Party has violated a provision of the Charter.
When an individual or NGO submits a complaint to the Commission, they must
first exhaust any domestic remedies which exist, “unless it is obvious to the
Commission that the procedure of achieving these remedies would be unduly
prolonged.” Communications must be submitted within a reasonable time
after local remedies were exhausted, must not be based exclusively on news
from the mass media, and must not written in a way which insults or
disparages the State or the U. Individuals may request confidentiality.
Procedure
Applicants initiate a case through a letter of introduction. The Commission may
decide to seize itself of the case, at which point the applicant is invited to
provide submissions on admissibility, the State is given an opportunity to
respond, and the applicant may file a reply. The Commission will then issue a
decision on admissibility, and if the case is held to be admissible, the parties
provide similar submissions and responses on the merits of the case.
Decisions on admissibility are usually made based solely on the written
submissions, although the Commission may schedule an oral hearing. Oral
hearings are more common at the merits stage, when they may be called by
the Commission or requested by a party, although cases may be decided based
solely on the written submissions.
19.Explain the significance of international convention on rights of

women. International Conventions

United Nations Charter

It was adopted in 1945 and its Preamble itself sets a basic aim or an objective
to reaffirm the faith in fundamental human rights, in the dignity of human
being and in the equal rights of men and women. Article 1[1] of the Charter
further provides that in order to achieve international cooperation among the
Nation States, promotion and encouragement of respect towards human
beings is necessary and essential without discriminating them on the basis of
gender, sex, language or religion.

Universal Declaration of Human Rights

It was adopted in 1948. It had reaffirmed the principle of the inadmissibility of
discrimination and proclaimed that all the human beings have equal rights as
they are born free and they shall never be discriminated on the grounds of sex.
Even after mentioning this under the UDHR, it was seen that women were
primarily discriminated because of the customs imposed by the society and not
by law. Therefore, the need for separate and specific conventions for women
was required.

Convention on the Political Rights of Women

It was adopted on December 20, 1952 and came into force on July 1954. This
Convention basically stated that women shall be entitled to vote in all the
elections taking place without any discernment. They shall not be
discriminated and should be eligible to vote and for election to all the publicly
established bodies. It is also stated that they are even allowed to hold any
public position and also are permitted to exercise any public function and
power. It was the first Convention which was adopted in order to provide
equal status as to men and can also be identified as a recommendable step as
it happened after the World War 2.

Convention on Consent to Marriage, Minimum Age for Marriage and

Registration of Marriages

It is a treaty decided in the United Nations and is based on the marriage

standards. It came into force on 9 December 1964. It states that it is in
conformity with the United Nations Charter in order to promote respect
universally and ensure that human rights and fundamental freedoms are for all
without discrepancy with respect to race, sex, language or religion. The first
and foremost essential of marriage is laid down in Article 1 where it states that
free consent of both the parties should be there before entering into the
marriage. Also, the States shall specify the minimum age for marriage of both
the genders and every individual shall be bound to follow it. It also makes
compulsory to register the marriage.

Declaration on the Protection of Women and Children in Emergency and

Armed Conflict

It was adopted by the United Nations in 1974 and came into force in 1974
itself. It was proposed by the United Nations Economic and Social Council
(UNECOSOC), on the grounds that women and children are frequently the
sufferers of armed conflict i.e. wars, or other emergency situations that cause
them to suffer vicious acts and subsequently suffer serious harm. It precisely
forbids attacks and bombing of civilian populations and the use of chemical
and biological weapons and arms on them. Article 3 requires states to abide by
the Geneva Protocol of 1925 and the Geneva Convention of 1949.

Convention on the Elimination of All Forms of Discrimination against Women

It was adopted by the United Nations General Assembly on 18 December 1979.
It was adopted in order to implement the principles set forth in the Declaration
on the Elimination of Discrimination against Women. Its concern is to achieve
equal status of men and women. It provides that there shall be no
discrimination between the women and men. Article 10 even provides with
education which mentions that women shall be provided with careers and
vocational guidance as to men. Article 11 provides that there shall no
discrepancy in the field of employment. It also provides for health care,
economic and social life and women in rural areas.
Declaration on the Elimination of Violence against Women
It was adopted without voteby the United Nations General Assembly (UNGA) in
its resolution on 20 December 1993.The resolution is often seen as
complementary to the Convention on the Elimination of All Forms of
Discrimination against Women as it embodies similar principles. Article 1
defines the term ‘violence against women’. Article 3 includes the rights that
women are entitled to- right to life, equality, liberty, free from all sorts of
discrimination etc. it also provides that States shall respect women and in
order to invoke a custom, it shall not avoid its obligations towards women.

Conclusion

These international conventions are of great importance as it binds the States

to follow the principles laid down in it. All the above are conventions formed
and adopted with respect to women. The advancement of women has been a
focus of United Nations Charter since its creation.

20.Define human rights. What are the sources of international human rights
law?

International Bill of Human Rights

1. Universal Declaration of Human Rights

2. Economic, Social, and Cultural Rights
3. Civil and Political Rights

Sources

The Concept of Human Rights

Human rights are the rights a person has simply because he or she is a human
being. They are the basic entitlements or minimum standards to be met for
individuals to live with dignity.

Most notably, human rights are:

 • founded on the respect for the dignity and worth of each person; •
universal in that they are applied equally without discrimination to all
people;
• inalienable in that no one can have their human rights take away
(though they can be limited); and
• indivisible, interrelated, and interdependent in that all human rights are
equal in importance and equally essential for the respect and dignity of
each person.

Human rights are formally expressed and legally guaranteed by international

human rights law. The law obligates states to ensure and implement human
rights and/or restrains states from violating human rights. Their proponents
argue that human rights law does not establish human rights, as human rights
are inherent entitlements that adhere to individuals even if official laws or
actors do not recognize or protect them.

International Bill of Human Rights

The Universal Declaration of Human Rights (UDHR) is the primary UN

document articulating human rights standards and norms. At inception, the
declaration was intended to be a nonbinding statement of objectives to be
followed by all states. However, now, many if not all of its provisions are
accepted as declaratory of customary international law, i.e. law that is binding
on all states as it is derived from the consistent conduct of states acting out of
the belief that the law requires them to act that way.

The International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
translate into legally binding instruments the rights articulated in the Universal
Declaration of Human Rights (UDHR).

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is the first international
instrument to articulate the rights to be accorded to all people. On 10
December 1948, the UN General Assembly unanimously adopted the
Declaration as an enduring international commitment to human rights.
Recoiling from the massacres of the Holocaust and desiring peace in the
aftermath of World War II, the UDHR represented an unprecedented step as
states acknowledged the treatment of individuals was not solely subject to
state governance.
The UDHR’s main provisions are:

Equality of rights without discrimination (art. 1 & 2);

• Life (art. 3 & 6);

• Liberty and security of person (art. 3 & 9);
• Protection against slavery (art. 4);
• Protection against torture and cruel and inhuman punishment (art. 5); •
Recognition as a person before the law (art. 6);
• Equal protection of the law (art. 7);
• Access to legal remedies for rights violations (art. 8);
• Protection against arbitrary arrest or detention (art. 9);
• Hearing before an independent and impartial judiciary (art. 10); •
Presumption of innocence (art. 11);
• Protection against ex post facto laws (art. 11);
• Protection of privacy, family, and home (art. 12);
• Freedom of movement and residence (art. 13);
• Seek asylum from persecution (art. 14);
• Nationality (art. 15);
• Marry and found a family (art. 16);
• Own property (art. 17);
• Freedom of though, conscience, and religion (art. 18);
• Freedom of opinion, expression, and the press (art. 19);
• Freedom of assembly and association (art. 20);
• Political participation (art. 21);
• Social security (art. 22);
• Work under favorable conditions (art. 23)
• Free trade unions (art. 23);
• Rest and leisure (art. 24);
• Food, clothing and housing (art. 25);
• Health care and social services (art. 25);
• Special protections for children (art. 25);
• Education (art. 26);
• Participation in cultural life (art. 27);
• A social and international order needed to realize rights (art. 28).

Civil and Political Rights

The ICCPR unequivocally obligates contract parties to promote and protect
important civil and political rights. State parties are to respect and ensure the
individual enjoyment of the rights recognized; legislate or otherwise give effect
to the rights promulgated; and effectively remedy any violations of rights or
freedoms suffered by any person.

The ICCPR has two Optional Protocols. The First Optional Protocol creates an
individual complaints mechanism. The Second Optional Protocol abolishes the
death penalty.
The ICCPR currently has 155 state parties. Singapore is not a party.

Economic, Social, and Cultural Rights

The International Covenant on Economic, Social, and Cultural Rights (ICESCR)
charges state parties to “take steps,” whether individually or through
international cooperation, to the extent of its available resources to achieve
“progressively” the full realization of a wide range of economic, social, and
cultural rights.

There are 152 parties to the ICESCR. Singapore is not a party.

The Rights:

The ICESCR is the foundational treaty on economic, social, and cultural rights.

Among the rights it recognizes are:

Self-determination (art. 1);

• Equality of rights without discrimination (art. 2 and 3);

• Rest and leisure (art. 7);
• Work under favourable conditions (arts. 6 and 7);
• Form and join trade unions (art. 8);
• Social security (art. 9);
• Protection of the family, mothers, and children (art. 10);
• An adequate standard of living, including adequate food, clothing and
housing (art. 11);
• The highest attainable level of health and health care (art. 12); •
Education (art. 13);
• Free and compulsory primary education (art. 14);
• Take part in cultural life; benefit from scientific progress: and benefit
from the protection of scientific, literary or artistic production of which
one is the author (art. 15).
 Universal Human Rights
International debate has raged about whether there is or should be a hierarchy
of human rights, i.e. whether civil and political rights are paramount to social,
economic, and cultural rights or vice versa.

Generally, the dispute juxtaposes the principle of universal, indivisible, and

interdependent human rights against arguments forwarding an order of
priority between categories of rights.
21.Explain the importance and provisions of the universal declaration of
human rights.
Introduction:
he Universal Declaration of Human Rights (UDHR) is an international document
adopted by the United Nations General Assembly (UNGA). It establishes the
rights and freedoms of all members of the human race.
It was accepted by the UNGA as per Resolution 217 during the session on
December 10, 1948. Among the United Nations members at the time, 48 voted
in favour, none against, 8 abstained and 2 did not vote.
Importance:

• The UDHR is widely regarded as a ground breaking document that

provides a comprehensive and universal set of principles in a secular,
apolitical document that is beyond cultural, religious and political
ideologies The Declaration was the first instrument of international law
to use the phrase “rule of law”, thereby establishing the principle that all
members of all societies are equally bound by the law regardless of the
jurisdiction or political system.
• In International law, a declaration is different from a treaty in the sense
that it generally states aspiration or understanding among the parties,
rather than binding obligations. For this reason, the Universal
Declaration of Human Rights is a fundamental constitutive document of
the United Nations and, by extension, all 193 parties of the UN Charter.

Provisions.
Articles 1 The basic concepts of dignity, liberty and equality are established.
–2
Articles 3 Details of individual rights, such as the right to life and prohibition
–5 of slavery are explained in detail.

Articles 6
Refers to the fundamental rights as well as the remedies for their
– 11
violation.

Articles Set forth the rights of the individual towards the community,
12 – 17 including freedom of movement and residence within each state,
the right of property and the right to a nationality.

Articles These sets of articles refer to the rights of the individual towards the
18 – 21 community, including freedom of movement, thought, opinion,
expression, religion, peaceful association and ideas through any
media.

Articles Sanctions an individual’s economic, social and cultural rights

22 – 27 including healthcare. It also upholds the right to a better standard
of living and makes a special mention of care given to motherhood
or childhood.

Articles It establishes the general means of exercising these rights, the areas
28 – 30 in which the rights of the individual cannot be applied.

22.Discuss the rights and freedom provided under the European convention
on human rights.
Introduction:
The European Convention on Human Rights (ECHR) protects the human rights
of people in countries that belong to the Council of Europe.

All 47 Member States of the Council, including the UK, have signed the
Convention. Its full title is the ‘Convention for the Protection of Human Rights
and Fundamental Freedoms’.
The Council of Europe was founded after the Second World War to protect
human rights and the rule of law, and to promote democracy. The Member
States’ first task was to draw up a treaty to secure basic rights for anyone
within their borders, including their own citizens and people of other
nationalities.

The Convention guarantees specific rights and freedoms and prohibits unfair
and harmful practices.

The Convention secures:

• the right to life (Article 2)

• freedom from torture (Article 3)
• freedom from slavery (Article 4)
• the right to liberty (Article 5)
• the right to a fair trial (Article 6)
• the right not to be punished for something that wasn’t against the law at
the time (Article 7)
• the right to respect for family and private life (Article 8)
• freedom of thought, conscience and religion (Article 9)
• freedom of expression (Article 10)
• freedom of assembly (Article 11)
• the right to marry and start a family (Article 12)
• the right not to be discriminated against in respect of these rights
(Article 14)
• the right to protection of property (Protocol 1, Article 1)
• the right to education (Protocol 1, Article 2)
• the right to participate in free elections (Protocol 1, Article 3) •
the abolition of the death penalty (Protocol 13)

23.Write a note on UN high commissioner of human rights.

Introduction:

The High Commissioner for Human Rights is the principal human rights official
of the United Nations.

The United Nations High Commissioner for Human Rights is accountable to the
Secretary-General and is responsible for all the activities of OHCHR, as well as
for its administration.

The High Commissioner:

• Carries out the functions specifically assigned to him or her by the

 General Assembly in its resolution 48/141 of 20 December 1993 and
subsequent resolutions of policy-making bodies;
• Advises the Secretary-General on the policies of the United Nations in
the area of human rights;
• Ensures that support is given to the projects, activities, organs and
bodies of the human rights programme;
• Represents the Secretary-General at meetings of human rights organs and
at other human rights events; and carries out special assignments as
decided by the Secretary-General.

In accordance with General Assembly resolution 48/141, the United Nations

High Commissioner for Human Rights is appointed by the Secretary-General of
the United Nations and approved by the General Assembly, with due regard to
geographical rotation for a fixed term of four years with a possibility of one
renewal for another fixed term of four years.

24.Write a note of rights of aged persons.

Introduction:
Human Rights are universal, and civil, political, economic, social and cultural
rights belong to all human beings, including older people. The Human Rights of
the Aged are explicitly set out in the Universal Declaration of Human Rights,
the International Covenants, the Convention on the Elimination of All Forms of
Discrimination Against Women, and other widely adhered to international
human rights treaties and Declarations.

The Human Rights of the Aged include the following indivisible,

interdependent and interrelated human rights:

• The human right to an adequate standard of living, including adequate

food, shelter and clothing.
• The human right to adequate social security, assistance, and protection. •
The human right to freedom from discrimination based on age or any
other status, in all aspects of life including employment and access to
housing, health care, and social services.
• The human right to the highest possible standard of health. •
The human right to be treated with dignity.
• The human right to protection from neglect and all types of physical or
mental abuse.
• The human right to full and active participation in all aspects of political,
 economic, social and cultural life of society.
• The human right to full and effective participate in decision-making
concerning their well-being.

25.Explain the International bill of human rights.

Introduction:

The United Nations is an international organisation representing the body of

States, established according to the United Nations Charter in 1945.1 One of
the purposes of the
United Nations is to promote and encourage respect for human rights through
international co-operation.
There are currently one hundred and ninety two
member States. Each has one vote in the United Nation’s parliament, the
General Assembly.

What is known as the International Bill of Human Rights is made up of:

• Universal Declaration of Human Rights (1948)

• International Covenant on Civil and Political Rights (1966) •
International Covenant on Economic, Social and Cultural Rights
(1966)
• Optional Protocol to the International Covenant on Civil and Political
Rights
• Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights

Universal Declaration of Human Rights (UDHR)

In 1948 the United Nations General Assembly adopted the UDHR. This was
the first time that countries agreed on a comprehensive statement of
inalienable human rights. The UDHR is not a treaty, so it does not directly
create legal obligations for States. The Declaration has however, had a
profound influence on
the development of international human rights law. It is argued that because
States have constantly invoked the Declaration over more than 50 years, it has
become binding as a part of customary international
law.

On the same day that it adopted the UDHR, the United Nations General
Assembly
asked its Commission on Human Rights to draft a covenant on human rights,
which
could become a binding treaty. After six years of drafting and debate, in 1952
the General Assembly requested that the Commission on Human Rights draft
two
covenants rather than one. The covenants, International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and
Cultural Rights were opened for signature in 1966 and entered into force in
1976.

International Covenant on Civil and Political Rights 1966

(ICCPR)
Civil and political rights include the right to freedom of
conscience and religion, the right to be free from torture, and the right to
a fair trial.

Most of these rights are not absolute. Instead they are subject to reasonable
limitations which are created for a legitimate purpose. For example, it may be
legitimate to limit a right in order to protect national security, public order or
the general welfare of a democratic society.

Some rights, such as the right not to be held in slavery and the right to be free
from torture are absolute. Article 4 of the ICCPR identifies absolute rights
which can not be infringed in any circumstances.

The ICCPR has two Optional

Protocols. An optional protocol supplements the original convention with
additional obligations.

Optional Protocol to the International Covenant on Civil and Political

Rights 1966
On 25 September 1991, Australia agreed to be bound by the First Optional
Protocol to the ICCPR. This means the United Nations Human Rights
Committee can hear complaints from individuals who allege that the
Australian Government has violated their rights under the ICCPR. However, the
findings of
the Human Rights Committee are not enforceable.

Second Optional Protocol to the International Covenant on Civil and

Political Rights
On 2 October 1990, Australia agreed to be bound by
the Second Optional Protocol to the ICCPR. The purpose of this protocol is for
States to eliminate the death penalty.

International Covenant on Economic, Social and Cultural Rights

1966 (ICESCR)
Economic, social and cultural rights include the right to an
adequate standard of living, the right to education, the right to fair wages and
the right to safe working conditions.

Article 2(1) of the ICESCR requires States to take steps, including

legislative measures, to achieve the ‘progressive realisation’ of ICESCR
rights. This requires that States only demonstrate in good faith the
fulfilment of the rights over time within their capacities. For example, it is
assumed that where States have inadequate resources to ensure free
education is
provided, they will work towards achieving this goal.

The United Nations Committee on Economic Social and Cultural Rights (the
CESCR) monitors compliance with the ICESCR.

An increasing number of
countries, across all continents and legal systems, have incorporated judicial
review of economic, social and cultural rights. These include South Africa,
Finland, Argentina, Mauritius, Canada, Latvia, France, India, Bangladesh,
Nigeria, and most countries in Central and Eastern Europe.

Optional Protocol to the International Covenant on Economic, Social

and Cultural Rights

This Optional Protocol was adopted by the United Nations General Assembly
on
10 December 2008. It will be open for signature for State Parties to the
ICESCR from 24 September 2009.

There have been numerous other human rights treaties developed since 1966.

26.Explain the three main procedures for implementation of the African

charter on human and people’s rights.
Procedures:
Inadmissibility
Article 56 ACHPR. ‘Communications relating to human and peoples’ rights
referred to in Article 55 received by the Commission shall be considered if
they: (1) Indicate their authors even if the latter request anonymity, (2) Are
compatible with the Charter of the Organization of African Unity or with the
present Charter, (3) Are not written in disparaging or insulting language
directed against the state concerned and its institutions or to the Organization
of African Unity.

Interim measures
The Commission has developed a mechanism for adoption of provisional
measures in its Rules of Procedure (Rule 111). ‘1. Before making its final views
known to the Assembly on the communication, the Commission may inform
the State Party concerned of its views on the appropriateness of taking
provisional measures to avoid irreparable damage being caused to the victim
of the alleged violation. . 2. The Commission may indicate to the parties any
interim measure, the adoption of which seems desirable in the interest of the
parties or the proper conduct of the proceedings before it.’

Friendly settlement
Article 52 ACHPR. ‘After having obtained all the information it deems
necessary, and after having tried all appropriate means to reach an amicable
settlement based on the respect of Human Rights and Peoples’ Rights, the
Commission shall prepare a report stating the facts and its findings.’ Rule 98
Rules of Procedure. he Commission shall place its good offices at the disposal
of the interested States Parties to the Charter so as to reach an amicable
solution on the issue based on the respect of human rights and fundamental
liberties, as recognized by the Charter.’

Procedure
Written procedure, official and working languages are set out in Rule 34 Rules
of Procedure of the Commission. ‘The working languages of the Commission
and of all its institutions shall be those of the Organisation of African Unity.’
‘The working languages of the Union and all its institutions shall be, if possible,
African languages, Arabic, English, French and Portuguese.’
27.Explain the role united nations of children fund (UNICEF) in protecting the
rights of children.
Introduction:
UNICEF is the driving force that helps build a world where the rights of every
child are realized. The Agency has the global authority to influence decision
makers, and the variety of partners at grassroots level to turn the most
innovative ideas into reality. That makes UNICEF unique among world
organizations, and unique among those working with the young.

UNICEF believes that nurturing and caring for children are the cornerstones of
human progress. UNICEF was created with this purpose in mind – to work with
others to overcome the obstacles that poverty, violence, disease and
discrimination place in a child’s path. The agency believes that together, we
can advance the cause of humanity.
UNICEF advocates for measures to give children the best start in life, because
proper care at the youngest age forms the strongest foundation for a person’s
future.

UNICEF promotes girls’ education – ensuring that they complete primary

education as a minimum – because it benefits all children, both girls and boys.
Girls who are educated grow up to become better thinkers, better citizens, and
better parents to their own children.

UNICEF acts so that all children are immunized against common childhood
diseases, and are well nourished, because it is wrong for a child to suffer or die
from a preventable illness.

UNICEF works to prevent the spread of HIV/AIDS among young people because
it is right to keep them from harm and enable them to protect others. It helps
children and families affected by HIV/AIDS to live their lives with dignity.

UNICEF involves everyone in creating protective environments for children.

The agency is present to relieve suffering during emergencies, and wherever
children are threatened, because no child should be exposed to violence,
abuse or exploitation.

UNICEF upholds the Convention on the Rights of the Child. The agency works
to assure equality for those who are discriminated against, girls and women in
particular. It also works for the Millennium Development Goals and for the
progress promised in the United Nations Charter. It strives for peace and
security, and work to hold everyone accountable to the promises made for
children.

UNICEF is part of the Global Movement for Children – a broad coalition

dedicated to improving the life of every child. Through this movement, and
events such as the United Nations Special Session on Children, it encourages
young people to speak out and participate in the decisions that affect their
lives.

UNICEF is active in more than 190 countries and territories through country
programmes and National Committees.

28.Explain the purposes for the establishment of united nations high

commissioner for refugees.
Introduction:

The United Nations High Commissioner for Refugees (UNHCR) is a subsidiary

organ of the UN General Assembly, which created it in 1949. It began
operating in 1951, and its headquarters are in Geneva. The agency currently
has a national and international staff of more than 7,190 working in 123
countries. The High Commissioner is currently Mr. Antonio Guterres, who took
up the position on 15 June 2005 and was re elected in April 2010. The High
Commissioner is elected by the UN General Assembly to a five-year term, on
nomination by the UN Secretary-General (Art. 13 of UNHCR Statute). Each
year, the High Commissioner reports to the General Assembly, which usually
adopts a resolution in support of UNHCR.

Purposes of UNHCR can ensure the protection of refugees by:

1. Promoting the conclusion and ratification of international conventions for

the protection of refugees, supervising their application and proposing
amendments thereto;
2. promoting through special agreements with governments the execution
of any measures calculated to improve the situation of refugees and to
reduce the number requiring protection;
3. assisting governmental and private efforts to promote voluntary
repatriation or assimilation within new national communities; 4. promoting
the admission of refugees, not excluding those in the most destitute
 categories, to the territories of States;
5. endeavouring to obtain permission for refugees to transfer their assets
and especially those necessary for their resettlement;
6. obtaining from governments information concerning the number and
conditions of refugees in their territories and the laws and regulations
concerning them;
7. keeping in close touch with the governments and inter-governmental
organizations concerned;
8. establishing contact in such manner as [it] may think best with private
organizations dealing with refugee questions;
9. facilitating the coordination of the efforts of private organizations
concerned with the welfare of refugees. (Art. 8 of UNHCR Statute)

29.Write a note on NGO’s role in protecting human rights.

Introduction:
The term non-governmental or non-profit is normally used to cover the range
of organisations which go to make up civil society. Such organisations are
characterised, in general, by having as the purpose of their existence something
other than financial profit. However, this leaves a huge multitude of reasons for
existence and a wide variety of enterprises and activities. NGOs range from
small pressure groups on, for example, specific environmental concerns or
specific human rights violations, through educational charities, women's
refuges, cultural associations, religious organisations, legal foundations,
humanitarian assistance programmes – and the list could continue – all the
way to the huge international organisations with hundreds In this section, we
look briefly at the significant role that such organisations have had, and
continue to have, in the protection of human rights throughout the world. At
nearly every level of the different attempts to preserve the dignity of individual
citizens when this is threatened by the power of the state, NGOs play a crucial
role in:

• fighting
individual violations of human rights either directly or by
supporting particular ‘test cases' through relevant courts
• offeringdirect assistance to those whose rights have been violated •
lobbying for changes to national, regional or international law •
helping to develop the substance of those laws
• promoting knowledge of, and respect for, human rights among the
 population.

The contribution of NGOs is important not only in terms of the results that are
achieved, and therefore for the optimism that people may feel about the
defence of human rights in the world, but also because NGOs are, in a very
direct sense, tools that are available to be used by individuals and groups
throughout the world. They are managed and co-ordinated – as many
organisations are – by private individuals, but they also draw a large part of
their strength from other members of the community offering voluntary
support to their cause. This fact gives them great significance for those
individuals who would like to contribute to the improvement of human rights
in the world.
30.Write a note on rights of disabled person.

1. The constitution ensures Indian residents, together with persons

living with disabilities with the right of expression, religion, belief,
justice, worship, equal alternative and standing, in addition to liberty
of thought.
2. The Indian constitution under Article 15(1) frowns at the
discrimination of citizens (including persons living with disabilities) on
the basis of place of birth, sex, race, caste, and faith.
3. Article 15(2) in the same vein frowns on the practice of subjecting the
disabled to any type of restrictions or legal responsibility when
accessing public restaurants, shops, places of public entertainment,
hotels of when using tanks, Wells, and roads.
4. The constitution guarantees persons living with disabilities the right
to employment in any workplace without discrimination
5. Article 17 clearly states that no Indian (together with the disabled)
shall be handled as untouchable.
6. Article 21 guarantees the right to liberty and lifetime of the disabled
7. Article 23 prohibits the practice of trafficking persons living with
disabilities or forceful employment.
8. Article 24 clearly states that no business or factory should make use
of persons living with disabilities under the age of 14 years. The Act
also prohibits the employment of disabled youngsters in a hazardous
situation.
 9. Article 25 clearly gives the disabled the right to faith. Persons living
with disabilities can choose the place to worship.
10.The constitution also ensures that persons living with disabilities are
not compelled to pay taxes in order to maintain any religious group.
11.The Indian constitution guarantees the right to decide on a language,
culture or script
12.Persons living with disabilities have the right to approach the
Supreme Court to problem a breach of his/her right under Article
32.
13.Persons living with disabilities have the right to vote and be voted for
upon attainment of 18 years.

31.Discuss the implementation procedure of the rights provided under the

covenant on Civil & political rights 1966.
Introduction:
he International Covenant on Civil and Political Rights (ICCPR) is a multilateral
treaty adopted by the United Nations General Assembly on 16 December
1966.
It came into force on 23 March 1976. The treaty commits its parties to respect
the civil and political rights of individuals including, freedom of religion, right to
life, freedom of assembly, electoral rights and rights to due process and a fair
trial.
The ICCPR is part of the International Bill of Human Rights, along with the
International Covenant on Economic, Social and Cultural Rights (ICESCR) and
the Universal Declaration of Human Rights (UDHR).
Implementation procedure:
The implementation of the ICCPR is overseen by the United Nations Human
Rights Committee, which reviews reports of parties on how effectively
fundamental rights are being implemented. The parties to the ICCPR reports
within a year after acceding to the Covenant, and then whenever the
committee requires.
The Human Rights Committee

The United Nations Human Rights Committee was created par the article 28 of
the International Covenant on the Civil and Political Rights, and was put in
place in 1976, right after the adoption of the Covenant.
Composed of 18 independent experts, this committee is in charge of the
surveillance of the implementation of the dispositions of the covenant by the
States.
The committee holds three sessions per year, either in Geneva or in New York,
to control the States, which are bound to present periodical reports (every four
years) and their efforts in the implementation of the covenant. Besides, as
soon as a State enters the Covenant, it has to give the committee an initial
report on its national situation.
The committee is competent to receive communications formulated by States
on other States, on violations of the dispositions set by the Covenant (article
41). The first facilitative protocol of the Covenant make the committee
competent to examine communications coming from privates, related to a
violation of the disposition by a State (article 14).
The second facilitative protocol of the Covenant provides the abolition of the
death penalty for the States which signed the Covenant.
Finally, the committee can also formulate general observation which will
enable the clarity of dispositions and to advise the States on the
implementation of the Covenant.
The Economical, Social and Cultural Rights Committee
The Economical, Social and Cultural Rights Committee has not been created by
the International Covenant on the Economical, Social and Cultural Rights, but
by the Economical and Social Council of the United Nations, in its resolution
1985/17 on May 28th 1985. According to the forth part of the Covenant, it is
the Council that has the ability to control its implementation. But the council,
already in charge of many activities, decided in 1985 to create the Committee
as a checkpoint of the implementation of the Covenant.
The committee is composed of 18 independent experts and is holding two
sessions per year in Geneva. As the Human Rights Council, the States are
bound to give their periodical reports (every 5 years) and an initial report every
two years following their membership to the Covenant. This report can also
formulate their general observations.
32.Discuss the rights and freedom provided under the American convention
on human rights.
Introduction:
The American Convention on Human Rights (aka the Pact of San José) is a
multilateral treaty that establishes democratic institutions regarding
fundamental human rights for countries in the Western Hemisphere. The
treaty entered into force on July 18, 1978.

Goal: To establish international regulations outlining the roles of states in

protecting human rights.

Part I: State Obligations and Rights Protected

Chapter II: Civil and Political Rights

Article 4: Right to Life

Every person has the right to have his life respected. This right shall be
protected by law and, in general, from the moment of conception. No one shall
be arbitrarily deprived of his life.

In no case shall capital punishment be inflicted for political offenses or related

common crimes.

Article 5. Right to Humane Treatment

1. Every person has the right to have his physical, mental, and moral integrity
respected.

2. No one shall be subjected to torture or to cruel, inhuman, or degrading

punishment or treatment.

Article 6. Freedom from Slavery

1. No one shall be subject to slavery or to involuntary servitude 2.

No one shall be required to perform forced or compulsory labor.

Article 7. Right to Personal Liberty

Every person has the right to personal liberty and security.

Article 12. Freedom of Conscience and Religion

Everyone has the right to freedom of conscience and of religion

Article 13. Freedom of Thought and Expression

Everyone has the right to freedom of thought and expression.

Article 15. Right of Assembly

The right of peaceful assembly, without arms, is recognized

Article 16. Freedom of Association

Everyone has the right to associate freely for ideological, religious, political,
economic, labor, social, cultural, sports, or other purposes.

Article 21. Right to Property

1. Everyone has the right to the use and enjoyment of his property.

2. No one shall be deprived of his property except upon payment of just

compensation

3. Usury and any other form of exploitation of man by man shall be prohibited
by law.
Article 24. Right to Equal Protection

33.With the help of decided case explain the role of courts in protecting
human rights in India.

Human rights courts in India

Section 30 of the Protection of Human Rights Act, 1993, says that “Human
Rights Courts to provide speedy trial of offenses arising out of violation of
human rights, the State Government may, with the concurrence of the Chief
Justice of the High Court, by notification, specify for each district a Court of
Session to be a Human Rights Courts to try the said offenses: Provided that
nothing in this Section shall apply if:

1. A Court of Session is already specified as a special court; or

 2. A special court is already constituted, For such offenses under any
other law for the time being in force.”

Special Public Prosecutor

Under Section 31 of the Protection of Human Rights Act, 1993, the

appointment of special prosecutors for the Human Rights Courts is stated.
They are to be appointed by the state government. The Special Prosecutor
should be an advocate who has been in practice for not less than seven years.
His function is to conduct cases in court. Human Rights Courts will have a
status of imparting justice and will have a different situation when compared
to the National Human rights Commission or the State Human Rights
Commission.

Human Rights Courts in Districts

Chapter VI of the Act, which includes Sections 30 and 31, provides the
provision relating to the formation of a Human Rights court in every district of
the country. This is done for accelerating the speedy trial of offenses arising
out of violation of Human Rights. The State government may establish the
Human rights Court with the consent and permission of the Chief Justice of the
High Court through a notification providing specifications for each district to
make the Court of Session by a Human Rights Court. The State government
shall perform the task of appointing a public prosecutor or an advocate who
has had the practice of being an advocate for not less than seven years to
conduct cases in the human rights Courts. Such a person shall be called a
special Public Prosecutor.

Important Cases

In the year 2019, during the hearing of Punjab state Human Rights Commission
v. Jatt Ram, NHRC also put forth the judgment that no state compiled the order
to specify or set up the HRC. The bench said that the setting of the courts does
not consider it essential to appoint any additional judges or infrastructure till
the judgment of the court is not executed. The Supreme Court had issued Chief
Secretaries to show why chief secretaries need not issue such directions.

Supreme Court
The Supreme Court is the guardian of fundamental rights, and it has a crucial
function to protect these rights. India is the signatory of the international
conventions on Human Rights; therefore, our constitution is embodied with
Human Rights in the form of the fundamental rights in Part III of the Indian
Constitution. The concept of the separation of power and division of forces
gives the judiciary some form of independence from the other two organs,
allowing the judiciary to uphold the rule of law and protection of Human
Rights. In India, the court exercises its power of interpretation of part III
efficiently to trigger advancement in human rights protection.

Important Cases

Fundamental Rights case

Kesavananda Bharati v. The State of Kerala – A 13 judge Constitutional Bench

was formulated to evaluate the intricacies of Golaknath’s case. The Supreme
Court overruled its decisions in the Golaknath case. To do away with the latter
case, and held that there were several limitations on the power of amendment
of the parliament and Article 368 does not have the power to destroy the basic
structure of the constitution.

The conclusion derived is that if the drafters had intended to make any part of
the constitution unamendable, it would have been expressly mentioned in
article 368.
This case overruled the Golaknath case. The court said the parliament act
would be considered to be violative of ultra-vires if it tries to rewrite the whole
constitution because it has the power under article 368 of the body. This view
of the Supreme Court protects human rights on the entire front.

Habeas corpus case

ADM Jabalpur v. Shivakant Shukla Case, In this case, four out of five judges
held that all the fundamental rights would remain suspended during an
emergency. Justice H.R. Khanna gave a dissenting opinion and the best
judgment, which paved the way for the rule, which states that the state cannot
deprive anyone of the right to life and personal liberty without due process of
law.
Maintenance case

Shah Bano case – Supreme Court granted maintenance to Shah Bano and
protected the rights of Muslim women beyond the personal laws. Despite this,
the Muslim community considered that this specific verdict of the court
encroaches on and defines the Muslim Sharia Law; therefore, parliament
ordained All India Muslim Personal Law Board, 1973.

34.Explain the salient features of the human rights (protection) act

1993. Refer Q.No. 06

35.Explain the writs available under the constitution of India for the
protection of human rights.

Introduction:

Writs are written orders issued by the Supreme Court of India to provide
constitutional remedies to protect the fundamental rights of citizens from a
violation.
Facts about writs in India

• Article
32 also empowers Parliament to authorize any other court to
issue these writs
• Before 1950, only the High Courts of Calcutta, Bombay, and Madras had
the power to issue the writs
• Article 226 empowers all the high courts of India to issue the writs •
Writs of India are borrowed from English law where they are known as
‘Prerogative writs’
What is a Writ Petition?
A writ petition is essentially a court petition for extraordinary review, asking a
court to intervene in a lower court’s decision. Under the Indian legal system,
jurisdiction to issue ‘prerogative writs’ is given to the Supreme Court and the
High Courts of Judicature of all Indian states. Parts of the law relating to writs
are outlined in the Constitution of India.

Type of Writs
The Constitution empowers the Supreme Court and High Courts to issue orders
or writs.
The types of writs are:

• Habeas Corpus
• Certiorari

• Prohibition

• Mandamus

• Quo Warranto

Habeas Corpus
Habeas Corpus is a writ that is enforced to protect the fundamental right to
liberty of an individual against unlawful detention. This writ commands a
public official to deliver a detained person in front of the court and provide
valid reasons for the detention. However, this writ cannot be issued in case the
proceeding is for contempt of a legislature or a court.

Certiorari
The writ of certiorari is issued to a lower court directing that the transfer of a
case for review, usually to overrule the judgment of the lower court. The
Supreme Court issues the writ of Certiorari in case the decision passed by the
lower court is challenged by the party. It is issued in case the higher court finds
it a matter of over jurisdiction or lack of jurisdiction.
Prohibition
Prohibition is a writ issued by a higher court to a lower court to enforce
inactivity in the jurisdiction. It happens only in case the higher court is of the
discretion that the case falls outside the jurisdiction of the lower court. Writ of
Prohibition can only be issued against judicial and quasi-judicial authorities.

Mandamus
The writ of mandamus is issued to a subordinate court, an officer of the
government, or a corporation or other institution commanding the
performance of certain acts or duties.
Unlike Habeas Corpus, Mandamus cannot be issued against a private
individual.
The writ of mandamus can be used to order the completion of a task or in
other cases, it may require an activity to be ceased.

Quo-Warranto
Quo warranto is issued against a person who claims or usurps a public office.
Through this writ, the court inquires ‘by what authority’ the person supports
his or her claim.
Through this writ, the court enquires into the legality of a claim of a person to
a public office. This writ prevents the illegal assumption of a public office by an
individual.
36.What are the sources of international human rights law.
Refer Q.No. 20.

37.Write a note on different kinds of human rights.

Types of Human Rights

As guaranteed by the Universal Declaration of Human Rights (UDHR), Human

Rights can be classified as:

Social or Civil Human Rights

Each one of us is entitled to:

a. Right to life, liberty and security

b. Right to freedom from slavery and servitude
c. Right to freedom from torture or cruel, inhuman or degrading treatment or
punishment
d. Right to freedom from arbitrary interference with privacy, family, home or
correspondence
e. Right to marry and have family and right to property
Political Human Right
To take part in political processes, each one of us is entitled to:

a. Right to nationality
b. Right to equality before the law and equal protection of law c. Right
to judicial remedies, fair trial and freedom from arbitrary arrest,
detention or exile
d. Right to freedom of thought, expression, belief, faith, conscience and
religion
e. Right to freedom of peaceful assembly and association
f. Right to take part in government affairs and equal access to public service
g. Right to equal suffrage
h. Right to freedom of movement and right of asylum etc.
Economic Human Rights
Each one of us is entitled to certain economic human rights:

a. Right to social security

b. Right to work and the right to equal pay for equal work
c. Right to form trade unions
d. Right to rest and leisure
e. Right to food, health and an adequate standard of
living Cultural Human Rights
To protect different cultures, customs, and traditions, we are entitled to:

a. Right to participate in the cultural life of the community b. Right to

enjoy the art and to share in the scientific advancement and its benefits
c. Right to the protection of the moral and material interests resulting from
any scientific, literary and artistic production of which the individual is the
author
d. Right to a social and international order in which the human rights as
provided in the Universal Declaration can be fully realized

BY
ANIL KUMAR K T LLB COACH.