Ge8074 Unit 1 - Notes

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UNIT-I
1 Introduction to Human Rights
Syllabus
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Meaning, origin and Development. Notion and classification of Rights - Natural, Moral and
Legal Rights. Civil and Political Rights, Economic, Social and Cultural Rights; collective /
Solidarity Rights.
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1.1
1.2
Human Rights
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Human Rights Origin and Development
1.3
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Notion and Classification of Human Rights
1.4
1.5
Natural, Moral and Legal Rights
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Civil and Political Rights, Economic, Social and Cultural Rights
1.6 Collective / Solidarity Rights

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Two Marks Questions with Answers
Review Questions
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(1 - 1)
Human Rights 1-2 Introduction to Human Rights
1.1 Human Rights

Human rights are rights inherent to all human beings, regardless of gender,
nationality, place of residency, sex, ethnicity, religion, color or and other categorization.
Thus, human rights are non-discriminatory, meaning that all human beings are entitled to
them and cannot be excluded from them of course, while all human beings are entitled to
human rights, not all human beings experience them equally throughout the world. Many
governments and individuals ignore human rights and grossly exploit other human
beings.
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There are a variety of human rights, including :
 Civil rights (such as the rights to life, liberty and security),
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 Political rights (like rights to the protection of the law and equality before the law),
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 Economic rights (including rights to work, to own property and to receive equal
pay),
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 Social rights (like rights to education and consenting marriages),
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 Cultural rights (including the right to freely participate in their cultural community)
and
 Collective rights (like the right to self-determination).
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Slavery is a violation of human rights
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Slavery, forced labor and human trafficking are violations of human rights because
these acts strip human beings of their inherent rights. In fact, the universal declaration of
human rights explicitly references slavery, stating in article 4 : No one shall be held in .ne
slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Slavers and human traffickers grossly violate human rights since they claim
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ownership, labor and/or the humanity of another human being. The human rights most
relevant to trafficking are :
The prohibition of discrimination on the basis of race, color, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status;
 The right to life;
 The right to liberty and security;
 The right not to be submitted to slavery, servitude, forced labor or bonded labor;
 The right not to be subjected to torture and/or cruel, inhuman, degrading treatment
or punishment;
 The right to be free from gendered violence;
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 The right to freedom of association;

 The right to freedom of movement;
 The right to the highest attainable standard of physical and mental health;
 The right to just and favorable conditions of work;
 The right to an adequate standard of living;
 The right to social security; and
 The right of children to special protection.
Human rights for women and girls
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Many organizations and governments worldwide focus on improving the status of
women and girls. According to the International Labor Organization, 11.4 million women
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and girls are victims of forced labor in different forms – including debt bondage,
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trafficking and forced prostitution. As global leaders seek to improve the status of women
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and girls, it’s critical to focus on decreasing women and girls’ exploitation in forced labor,
trafficking and slavery.
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 When women and girls are enslaved or trafficked, they do not have access to
programs aimed at women’s equality and development.
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 Trafficked and enslaved women and girls oftentimes do not attend school. Many
times these women and girls are illiterate.
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 Trafficked and enslaved women and girls face gross sexual violence, whether in
forced prostitution, forced marriage or during forced physical labor.
 Trafficked and enslaved women and girls are subject to domestic violence.
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 Trafficked and enslaved women and girls do not have access to reproductive and
maternal health. The physical and sexual abuse of their exploitation leads to many
early pregnancies, forced abortions and exposure to HIV and other diseases.
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 Trafficked and enslaved women and girls do not have access to healthcare.
 Trafficked and enslaved women and girls often face critical malnutrition.
 Trafficked and enslaved women and girls do not have access to anti-poverty
programs, micro-loans or other economic development initiatives, leaving them
dependent on their exploiters.
Universal and inalienable

The principle of universality of human rights is the cornerstone of international human
rights law. This principle, as first emphasized in the universal declaration on human
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international human rights conventions,

declarations and resolutions. The 1993 Vienna world conference on human rights, for
example, noted that it is the duty of states to promote and protect all human rights and
fundamental freedoms, regardless of their political, economic and cultural systems.
All states have ratified at least one and 80 % of states have ratified four or more, of the
core human rights treaties, reflecting consent of states which creates legal obligations for
them and giving concrete expression to universality. Some fundamental human rights
norms enjoy universal protection by customary international law across all boundaries
and civilizations.
Human rights are inalienable. They should not be taken away, except in specific
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situations and according to due process. For example, the right to liberty may be
restricted if a person is found guilty of a crime by a court of law.
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Interdependent and indivisible
All human rights are indivisible, whether they are civil and political rights, such as the
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right to life, equality before the law and freedom of expression; economic, social and
cultural rights, such as the rights to work, social security and education or collective
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rights, such as the rights to development and self-determination, are indivisible,
interrelated and interdependent. The improvement of one right facilitates advancement of
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the others. Likewise, the deprivation of one right adversely affects the others.
Equal and non-discriminatory

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Non-discrimination is a cross-cutting principle in international human rights law. The
principle is present in all the major human rights treaties and provides the central theme
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of some of international human rights conventions such as the international convention
on the elimination of all forms of racial discrimination and the convention on the
elimination of all forms of discrimination against women.
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The principle applies to everyone in relation to all human rights and freedoms and it
prohibits discrimination on the basis of a list of non-exhaustive categories such as sex,
race, colour and so on. The principle of non-discrimination is complemented by the
principle of equality, as stated in article 1 of the universal declaration of human rights :
“All human beings are born free and equal in dignity and rights.”
Both rights and obligations

Human rights entail both rights and obligations. States assume obligations and duties
under international law to respect, to protect and to fulfil human rights. The obligation to
respect means that states must refrain from interfering with or curtailing the enjoyment of
human rights. The obligation to protect requires states to protect individuals and groups

against human rights abuses. The obligation to fulfil means that states must take positive
action to facilitate the enjoyment of basic human rights. At the individual level, while we
are entitled our human rights, we should also respect the human rights of others.
NHRC
The National Human Rights Commission (NHRC) established in 1993, is an
independent statutory body as per the provisions of the Protection of Human Rights Act
of 1993 which was amended in 2006.
 Human Rights are an indispensable part of society and Human Rights in India are
watched by NHRC.
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 NHRC acts as a watchdog of human rights in the country.
 NHRC looks over the rights that are related to life, dignity, liberty and equality of
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the individual that is defined in Section 2(1) of the PHR Act.
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 They are guaranteed by the Constitution of India, embodied in the international
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covenants and are enforceable by the courts of India as well.
 NHRC was established in compliance with the Paris Principles of Human Rights,
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1991 which were adopted for the promotion and protection of Human Rights and
were endorsed by United Nations at its General Assembly of 1993.
NHRC History for UPSC nee

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 In 1948, the UN adopted the UDHR (Universal Declaration of Human Rights).
 In 1991, the Paris Principles were established by the National Human Rights
Institutions (NHRIs).
 In 1993, the UN adopted these Paris Principles at its General Assembly.
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 In 1993, India enacted the Protection of Human Rights Act.
 This led to the formation of the National Human Rights Commission (NHRC).
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 The Protection of Human Rights Act also allowed state governments to establish the
State Human Rights Commission.
NHRC Composition - Members of NHRC for UPSC

 The National 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.

 Members 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 Deemed members are chairpersons of the below national commissions :
(Ex-officio Members) 1. National Commission for Minorities
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4. National Commission for Women
Appointment of NHRC Members

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 A Selection Committee will recommend the candidates to the President.
 The Selection Committee includes :
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Prime Minister (Chairman)
Speaker of Lok Sabha nee
o Union Home Minister
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Deputy Chairman of Rajya Sabha
Leaders of the Opposition in both Houses of the Parliament
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Functions & Powers of NHRC [UPSC Polity]
The functions of the National Human Rights Commission (NHRC) as stated in the
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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 violation 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.
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Limitations of NHRC
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It is important to know the limitations of NHRC for UPSC exam. They are mentioned
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 The Recommendations made by the NHRC are not binding.
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 Violation of Human rights by private parties cannot be considered under NHRC
Jurisdiction.
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 NHRC doesn’t have the power to penalise the authorities that don’t implement its
recommended orders.
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 3 of the NHRC members are judges which give the functioning of the Commission a
judicial touch.
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 The other members that are recommended by the Selection Committee may not
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 The NHRC does not consider the following cases :
o Cases that are older than one year. t
o Cases that are anonymous, pseudonymous or vague.
o Frivolous cases.
o Cases pertaining to service matters.
 The NHRC has limited jurisdiction over cases related to armed forces.
 The NHRC faces other issues like excess cases/complaints, insufficient funds,
bureaucratic functioning style, etc.
Major Issues related to NHRC

Questions about NHRC in UPSC can also be asked in relation to the current affairs. So
aspirants should read about the major issues related to NHRC for UPSC exam. India faces
Human Rights violations on a large scale due to various
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Rights Commission (NHRC) takes up most of the issues around the country. Some of
them are mentioned below :
 Arbitrary arrest and detention
 Custodial torture
 Child labour
 Violence and discrimination against women and children
 Extrajudicial killings
 Excessive powers
 Sexual violence and abuse
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 LGBTQ community rights
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 SC/ST, disabled people and other religious minority issues
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 Labour rights and right to work
 Conflict induced internal displacement
 Manual scavenging syE
1.2 Human Rights Origin and Development
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The emergence of rights in political thought is generally regarded as relatively recent,
though any historical study of rights reveals how indeterminate the philosophical
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charting of the evolution of rights has been (Renteln, 1988). Human rights are considered
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the offspring of natural rights, which themselves evolved from the concept of natural law.
Natural law, which has played a dominant role in western political theory for centuries, is
that standard of higher-order morality against which all other laws are adjudged. To .ne
contest the injustice of human-made law, one was to appeal to the greater authority of
god or natural law.
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Eventually this concept of natural law evolved into natural rights; this change reflected
a shift in emphasis from society to the individual. Whereas natural law provided a basis
for curbing excessive state power over society, natural rights gave individuals the ability
to press claims against the government (Renteln, 1988).1 The modern conception of rights
can be traced back to enlightenment political philosophy and the movement, primarily in
England, France and the United States, to establish limited forms of representative
government that would respect the freedom of individual citizens.
John Locke, in his second treatise on government (1690), described a “state of nature”
prior to the creation of society in which individuals fended for themselves and looked
after their own interests. In this state, each person possessed a set of natural rights,

including the rights to life, liberty and property. According to Locke, when individuals
came together in social groups, the main purpose of their union was to secure these rights
more effectively. Consequently, they ceded to the governments they established “only the
right to enforce these natural rights and not the rights themselves” (“Human rights :
Historical development,” n.d.).
Locke’s philosophy, known as classical liberalism, helped foster a new way of thinking
about individuals, governments and the rights that link the two. Previously, heads of
state claimed to rule by divine right, tracing their authority through genealogy to the
ultimate source to some divine being. This was as true for Roman emperors as it was
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Chinese and Japanese emperors. The theory of divine right was most forcefully asserted
during the renaissance by monarchs across Europe, most notoriously James I of England
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(1566-1625) and Louis XIV of France (1638-1715).
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Locke’s principles were adopted by the founding fathers of the United States in the
declaration of independence (1776), which stated :
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We hold these truths to be self-evident, that all men are created equal, that they are
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endowed by their creator with certain unalienable rights, that among these are life, liberty
and the pursuit of happiness. - That to secure these rights, governments are instituted
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among men, deriving their just powers from the consent of the governed.
The echoes of Locke are unmistakable in the language of the declaration of
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independence. Similarly, the language used both by Locke and by the founding fathers
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clearly foreshadows the creation of a document like the universal declaration. These
principles were further expounded and enshrined in the U.S. constitution (1787) and bill
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of rights (1789).
Natural rights theorists have asserted the existence of specific rights - most notably the
right to self-preservation (Hobbes) and the right to property (Locke). Because such
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theorists take the validity of fundamental rights to be self-evident, there has traditionally
been little tolerance for debate. One scholar notes that natural rights “seemed peculiarly
vulnerable to ethical skepticism” (Waldron 1984: 3). Nevertheless, natural rights were not
widely contested as they were asserted in a limited universe of shared Western values
(Renteln, 1988).
What, then, is a right, and how are human rights distinct from natural rights ? For
many philosophical writers, a right is synonymous with a claim. The Oxford english
dictionary defines a right as “a justifiable claim, on legal or moral grounds, to have or
obtain something or act in a certain way.” The classic definition of a human right is a right
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Human Rights 1 - 10 Introduction to Human Rights
A human right by definition is a universal moral right, something which all men,
everywhere, at all times ought to have, something of which no one may be deprived
without a grave affront to justice, something which is owing to every human being
simply because he is human. (Cranston 1973 : 36).
One frequently cited definition of human rights posits four necessary requirements :
First, it must be possessed by all human beings, as well as only by human beings.
Second, because it is the same right that all human beings possess, it must be possessed
equally by all human beings. Third, because human rights are possessed by all human
beings, we can rule out as possible candidates any of those rights which one might have
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in virtue of occupying any particular status or relationship… And fourth, if there are any
human rights, they have the additional characteristic of being assertable, in a manner of
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speaking, ‘against the whole world.’ (Wasserstrom 1979 : 50).
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The United Nations office of the high commissioner for human rights defines human’s
rights as :
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Rights inherent to all human beings, whatever our nationality, place of residence, sex,
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national or ethnic origin, color, religion, language or any other status. We are all equally
entitled to our human rights without discrimination. (“What are human rights ?” n.d.).
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The primary element recurring throughout each of these definitions is universality -
human rights are inalienable and fundamental rights to all persons are inherently entitled
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simply by virtue of being human. As we will soon observe, this crucial and existential
element of universality is profoundly controversial and thus quite tenuous.
The innovation of human rights in the twentieth century extended the idea ofg .ne
individual rights to include all human beings, regardless of citizenship or state affiliation.
Human rights helped reconstitute individual identity and freedom as something
transcending national borders. As the atrocities of the world wars made clear, there were
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times when the state became the citizen’s greatest enemy and outside protection was his
or her best and only hope. Before examining universality and other ideological conflicts
concerning the idea of human rights, let us turn our attention now to the various kinds of
rights that human rights encompass.
1.3 Notion and Classification of Human Rights

Human rights can be classified in a number of different ways. Some rights may fall
into more than one of the available categories. One of the most widely used classifications
distinguishes two general categories : Classic or civil and political rights and social rights
that also include economic and cultural rights. Classic rights
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of the government in respect of actions affecting the individual and his or her autonomy
(civil rights) and confer an opportunity upon people to contribute to the determination of
laws and participate in government (political rights). Social rights require the
governments to act in a positive, interventionist manner so as to create the necessary
conditions for human life and development. The governments are expected to take active
steps toward promoting the well-being of all its members out of social solidarity. It is
believed that everyone, as a member of society, has the right to social security and is
entitled to realization of the Economic, Social and Cultural Rights (ESCR) indispensable
for his or her dignity and the free development of his or her personality.
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All human rights carry corresponding obligations that must be translated into concrete
duties to guarantee these rights. For many years, traditional human rights discourse was
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dominated by the misperception that civil and political rights require only negative duties
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while economic, social and cultural rights require positive duties. In this view, the right to
free speech is guaranteed when the state leaves people alone, whereas the state must take
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positive action to guarantee the right to health by building health clinics and providing
immunization.
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This positive versus negative dichotomy has been discredited recently in favor of the
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understanding that all human rights have both positive and negative components. It is a
matter of common sense that civil and political rights, including free speech, require the
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positive outlay of state resources in terms of providing a functioning judicial system and
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educating people about their rights. Conversely, all ESCR have negative aspects; some
states prevent people from freely exercising ESCR, for example by blocking food or
medical supplies to disfavored groups or regions. .ne
Most scholars and activists now agree that duties for all human rights - civil and
political as well as ESCR - can be divided into several discrete categories based on the
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type of duties. Although there is some variation in these typologies, they converge along
the following basic categories : The duties to respect, protect and fulfill.
The duty to respect is the negative obligation. It requires responsible parties to refrain
from acting in a way that deprives people of the guaranteed right. Regarding the right to
health, for example, a government may not deprive certain communities of access to
health care facilities. The duty to protect is the obligation concerning third parties. It
requires responsible parties to ensure that third parties do not deprive people of the
guaranteed right. For example, a government must pass and enforce laws prohibiting
private companies from releasing hazardous chemicals that impair public health. The
duty to fulfill is the positive obligation. It requires responsible parties to establish

political, economic and social systems that provide access to the guaranteed right for all
members of society. For example, a government must provide essential health services
such as accessible primary care and clean water.
1.4 Natural, Moral and Legal Rights

Rights are those essential conditions of social life without which no person can
generally realize his best self. These are the essential conditions for health of both the
individual and his society. It is only when people get and enjoy rights that they can
develop their personalities and contributes their best services to the society.
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 Rights are those conditions of social life without which no man can seek in general,
to be himself at his best.” - Laski.
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 “Rights are powers necessary for the fulfillment of man’s vocation as a moral
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being.” -T. H. Green.
 “Rights are nothing more nor less than those social conditions which are necessary
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or favourable to the development of personality” - Beni Prasad.
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As such, rights are common and recognized claims of the people which are essential
for their development as human beings.
Features / nature of rights :

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 Rights exist only in society. These are the products of social living.
 Rights are claims of the individuals for their development in society. rin
 Rights are recognized by the society as common claims of all the people.
 Rights are rational and moral claims that the people make on their society.
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 Since rights in here only in society, these cannot be exercised against the society.
 Rights are to be exercised by the people for their development which really means
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their development in society by the promotion of social good. Rights can never be
exercised against social good.
 Rights are equally available to all the people.
 The contents of rights keep on changing with the passage of time.
 Rights are not absolute. These always bear limitations deemed essential for
maintaining public health, security, order and morality.
 Rights are inseparably related with duties. There is a close relationship between
them “No Duties Ho Rights. No Rights No Duties.” “If I have rights it is my duty to
respect the rights others in society”.

 Rights need enforcement and only then these can be really used by the people.
These are protected and enforced by the laws of the state. It is the duty of a state to
protect the rights of the people.
All these features clearly bring out the nature of rights.
1.4.1 Types of Rights
Natural rights :
Faith in natural rights is strongly expressed by several scholars. They hold that people
inherit several rights from nature. Before they came to live in society and state, they used
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to live in a state of nature. In it, they enjoyed certain natural rights, like the right to life,
right to liberty and right to property. Natural rights are parts of human nature and
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reason. However, several other scholars regard the concept of natural rights as imaginary.
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Rights are the products of social living. These can be used only in a society. Rights have
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behind them the recognition of society as common claims for development and that is
why the state protects these rights. Natural rights and legal rights are two types of rights.
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Natural rights are those that are not dependent on the laws or customs of any particular
culture or government and so are universal and inalienable (they cannot be repealed by
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human laws, though one can forfeit their enforcement through one's actions, such as by
violating someone else's rights). Legal rights are those bestowed onto a person by a given
legal system (they can be modified, repealed, and restrained by human laws).
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The concept of natural law is related to the concept of natural rights. Natural law first
appeared in ancient Greek philosophy and was referred to by Roman philosopher Cicero.
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It was subsequently alluded to in the Bible and then developed in the middle ages by
Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During
the age of enlightenment, the concept of natural laws was used to challenge the divine
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right of kings and became an alternative justification for the establishment of a social
contract, positive law and government - and thus legal rights - in the form of classical
republicanism. Conversely, the concept of natural rights is used by others to challenge the
legitimacy of all such establishments. The idea of human rights is also closely related to
that of natural rights : Some acknowledge no difference between the two, regarding them
as synonymous, while others choose to keep the terms separate to eliminate association
with some features traditionally associated with natural rights. Natural rights, in
particular, are considered beyond the authority of any government or international body
to dismiss. The 1948 United Nations universal declaration of human rights is an
important legal instrument enshrining one conception of natural rights into international

soft law. Natural rights were traditionally viewed as exclusively negative rights, whereas
human rights also comprise positive rights. Even on a natural rights conception of human
rights, the two terms may not be synonymous.
Moral rights :
Moral rights are those rights which are based on human consciousness. They are
backed by moral force of human mind. These are based on human sense of goodness and
justice. These are not backed by the force of law. Sense of goodness and public opinion
are the sanctions behind moral rights.
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If any person violates any moral right, no legal action can be taken against him. The
state does not enforce these rights. Its courts do not recognize these rights. Moral rights
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include rules of good conduct, courtesy and of moral behavior. These stand for moral
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perfection of the people legal rights.
Legal rights are those rights which are recognized and enforced by the state. Any
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violation of any legal right is punished by law. Law courts of the state enforce legal rights.
These rights can be enforced against individuals and also against the government. In this
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way, legal rights are different from moral rights. Legal rights are equally available to all
the citizens. All citizens enjoy legal rights without any discrimination. They can go to the
courts for getting their legal rights enforced.
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1.5 Civil and Political Rights, Economic, Social and Cultural Rights
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Legal rights are of three types :
1. Civil rights
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2. Political rights
3. Economic rights
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4. Social rights
5. Cultural rights
1.5.1 Civil Rights

Civil rights are those rights which provide opportunity to each person to lead a
civilized social life. These fulfill basic needs of human life in society. Right to life, liberty
and equality are civil rights. Civil rights are protected by the state.
Civil rights guarantee equal protection under the law. When civil and political rights
are not guaranteed to all as part of equal protection of laws or when such guarantees exist
on paper but are not respected in practice, opposition, legal action and even social unrest
may ensue.

Civil rights movements in the United States gathered steam by 1848 with such
documents as the declaration of sentiment. Consciously modeled after the declaration of
independence, the declaration of rights and sentiments became the founding document of
the American women's movement and it was adopted at the Seneca Falls Convention,
July 19 and 20, 1848.
Worldwide, several political movements for equality before the law occurred between
approximately 1950 and 1980. These movements had a legal and constitutional aspect and
resulted in much law-making at both national and international levels. They also had an
activist side, particularly in situations where violations of rights were widespread.
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Movements with the proclaimed aim of securing observance of civil and political rights
included :
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 The civil rights movement in the United States, where rights of black citizens had
been violated;
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 The Northern Ireland civil rights association, formed in 1967 following failures in
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this province of the United Kingdom to respect the Roman Catholic minority's
rights; and
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 Movements in many communist countries, such as the Prague Spring and
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Charter 77 in Czechoslovakia and the uprisings in hungary.
Most civil rights movements relied on the technique of civil resistance, using
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nonviolent methods to achieve their aims. In some countries, struggles for civil rights
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were accompanied, or followed, by civil unrest and even armed rebellion. While civil
rights movements over the last sixty years have resulted in an extension of civil and
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political rights, the process was long and tenuous in many countries and many of these
movements did not achieve or fully achieve their objectives. t
1.5.2 Political Rights
Political rights are those rights by virtue of which citizens get a share in the political
process. These enable them to take an active part in the political process. These rights
include right to vote, right to get elected, right to hold public office and right to criticize
and oppose the government. Political rights are really available to the people in a
democratic state.
Civil and political rights are a class of rights that protect individuals' freedom from
infringement by governments, social organizations, and private individuals. They ensure
one's entitlement to participate in the civil and political life of the society and state
without discrimination or repression. Downloaded From: www.EasyEngineering.net

Civil rights include the ensuring of peoples' physical and mental integrity, life and
safety; protection from discrimination on grounds such as race, gender, sexual
orientation, gender identity, national origin, color, age, political affiliation, ethnicity,
religion and disability; and individual rights such as privacy and the freedom of thought,
speech, religion, press, assembly and movement.
Political rights include natural justice (procedural fairness) in law, such as the rights of
the accused, including the right to a fair trial; due process; the right to seek redress or a
legal remedy; and rights of participation in civil society and politics such as freedom of
association, the right to assemble, the right to petition, the right of self-defense, and the
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right to vote.
Civil and political rights form the original and main part of international human
w
rights. They comprise the first portion of the 1948 universal declaration of human rights
.Ea
(with economic, social and cultural rights comprising the second portion). The theory of
three generations of human rights considers this group of rights to be "first-generation
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rights" and the theory of rights considers them to be generally negative rights.
1.5.3 Economic Rights

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Economic rights" redirects here. It is not to be confused with Economic freedom.
"Social rights" redirects here. For another sense, see Social rights (social contract theory).
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Economic rights are those rights which provide economic security to the people. These
g
enable all citizens to make proper use of their civil and political rights. The basic needs of
every person are related to his food, clothing, shelter, medical treatment etc. Without the
fulfillment of these no person can really enjoy his civil and political rights. It is therefore.ne
essential, that every person must get the right to work, right to adequate wages, right to
leisure and rest and right to social security in case of illness, physical disability and old
t
age. Legal rights are, clearly, rights which exist under the rules of legal systems or by
virtue of decisions of suitably authoritative bodies within them. They raise a number of
different philosophical issues. (1) Whether legal rights are conceptually related to other
types of rights, principally moral rights; (2) What the analysis of the concept of a legal
right is; (3) What kinds of entities can be legal right-holders; (4) Whether there any kinds
of rights which are exclusive to or at least have much greater importance in, legal
systems, as opposed to morality; (5) What rights legal systems ought to create or
recognise. Issue (5) is primarily one of moral and political philosophy, and is not different
in general principle from the issue of what duties, permissions, powers, etc, legal systems
ought to create or recognise. It will not, therefore, be addressed here.

A preliminary point should be mentioned. Do all legal systems have a concept of

rights ? Their use is pervasive in modern legal systems. We talk of legislatures having the
legal right to pass laws, of judges to decide cases, of private individuals to make wills and
contracts; as well as of constitutions providing legal rights to the citizens against fellow
citizens and against the state itself. Yet it has been suggested that even some sophisticated
earlier systems, such as Roman law, had no terminology which clearly separated rights
from duties.
1.5.4 Social and Cultural Rights
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Socio-economic human rights, such as the right to education, right to housing, right to
an adequate standard of living, right to health, victims' rights and the right to science and
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culture. Economic, social and cultural rights are recognised and protected in international
.Ea
and regional human rights instruments. Member states have a legal obligation to respect,
protect and fulfil economic, social and cultural rights and are expected to take
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"progressive action" towards their fulfilment.
The universal declaration on human rights recognizes a number of economic, social
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and cultural rights and the International Covenant on Economic, Social and Cultural
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Rights (ICESCR) is the primary international legal source of economic, social and cultural
rights. The convention on the rights of the child and the convention on the elimination of
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all forms of discrimination against women recognizes and protects many of the economic,
social and cultural rights recognised in the ICESCR in relation to children and women.
g
The convention on the elimination of all forms of racial discrimination prohibits
discrimination on the basis of racial or ethnic origin in relation to a number of economic, .ne
social and cultural rights. The convention on the rights of persons with disabilities also
prohibits all discrimination on the basis of the disability including refusal of the
reasonable accommodation relating to full enjoyment of economic, social and cultural
t
rights.
Economic, social and cultural rights include the human right to work, the right to an
adequate standard of living, including food, clothing and housing, the right to physical
and mental health, the right to social security, the right to a healthy environment and the
right to education.
Economic, social and cultural rights are part of the body of human rights law that
developed in the aftermath of World War II. Human rights law includes all economic and
social rights, as well as civil and political rights like the right to free speech and the right
to a fair trial. These rights are deeply intertwined : For example, the right to speak freely
means little without a basic education, the right to vote means little if you are suffering

from starvation. Similarly, the right to work means little if you are not allowed to meet
and assemble in groups to discuss work conditions.
The most important human rights law is in the international bill of human rights,
which includes the universal declaration of human rights (1948), the international
covenant on civil and political rights, the international covenant on economic, social and
cultural rights. Economic and social rights are also included in numerous other human
rights legal instruments. Among the most important are :
 Convention on the Rights of the Child (CRC).
 Convention on the Elimination of Discrimination Against Women (CEDAW).
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 Convention on the Elimination of All Forms of Racial Discrimination (CERD).
 Vienna world conference on human rights declaration and plan of action.
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 Conventions of the international labor organization.
.Ea
The optional protocol to the international covenant on economic, social and cultural
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rights, yet to come into force.
CESR has prepared a guide to the legal framework of economic, social and cultural
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rights that elaborates on how those rights exist in international law.
Why are they called "rights" ?

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All the world's great religious and moral traditions, philosophers, and revolutionaries,
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recognize that human beings deserve to live in freedom, justice, dignity and economic
g
security. The international bill of rights grew out of these traditions and calls for all
governments to make sure their citizens have human rights - civil, political, social,
.ne
cultural and economic. Referring to economic, social and cultural issues as "rights" uses
the legal framework developed under international law and gives individuals legitimate
claims against state and non-state actors for protection and guarantees.
t
During the Cold War and within trickle-down economic theory, economic, social and
cultural rights were frequently mislabeled as "benefits," meaning individuals had no basic
claims to things like food and shelter. After the covenant came into force in 1976,
jurisprudence around economic and social rights began to develop and great progress
followed the formation of the United Nations committee on economic, social and cultural
rights.
Economic and social rights require governments and other powerful actors to ensure
that people have access to basic needs, and that people have a voice in decisions affecting
their well-being. Poverty and injustice are neither inevitable nor natural, but arise from
deliberate decisions and policies and the human rights legal framework provides a way to
hold public officials accountable for development policies and priorities.

What are the minimum requirements ?

States are bound to ensure minimum human rights regardless of their resource
constraints. For ESC rights, minimum core requirements include available foodstuffs for
the population, essential primary health care, basic shelter and housing and the most
basic forms of education. The committee on economic, social and cultural rights
elaborated on state obligations under obligations. How do states fulfill their minimum
requirements ? Every government in the world has certain responsibilities regarding its
citizens. The human rights legal framework spells out those responsibilities with the
following three obligations :
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 Respect - The obligation to respect requires governments to refrain from interfering
directly or indirectly with the enjoyment of economic, social and cultural rights.
w
 Protect - The obligation to protect requires governments to prevent third parties,
.Ea
such as corporations, from interfering in any way with the enjoyment of economic,
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social and cultural rights.
 Fulfill - The obligation to fulfill requires governments to adopt the necessary
ngi
measures to achieve the full realization of economic, social and cultural rights.
What about non-state actors ?

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Human rights treaties are signed by governments and are the duty of governments to
rin
enforce. However, this does not mean that non-state actors are free to violate people's
human rights. There are three main ways to apply human rights standards to non-state
actors.
g
 First, governments have the primary responsibility to protect human rights, .ne
including from violations by non-state actors.
 Second, individuals may enforce their basic rights through judicial action. Finally,
t
non-state actors are bound to respect human rights standards through the universal
protection of human dignity.
How are these rights enforced ?

At the international level, the most effective enforcement mechanism for all
international human rights is political pressure. Those states that have ratified the
ICESCR are required to submit regular reports every five years to the committee on
economic and social rights that detail their human rights standards. When these reports
are reviewed, it provides an excellent opportunity for civil society and the international
community at large to put pressure on a country to adhere to its legal obligations. To
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learn more about how to work with the committee, From:
please www.EasyEngineering.net
refer CESR's activist's manual

on the international covenant on economic, social and cultural rights, prepared by Jeff
King for CESR and the Sri Lankan-based law and society trust.
For many years, there has been no way for individuals to bring forward violations of
ESCR to the committee on economic, social and cultural rights. However, governments at
the United Nations agreed in 2008 to allow the possibility of allowing individual
complaints through the adoption of an optional protocol to the ICESCR.
For those countries that haven't ratified the ICESCR, there are other international
venues that apply political pressure. For example, a country may be a party to the CRC or
CEDAW, both of which include ESCR. Larger bodies, like the commission on human
ww
rights, can also be used to apply political pressure. Additionally, petitions in regional
human rights commissions can also be effective in highlighting an issue and seeking
remedy.
w .Ea
At the domestic level, there are political and legal remedies for many ESC violations.
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Although these remedies are still far from comprehensive, they do demonstrate that
economic and social rights are fundamentally justiciable. For example, a core part of
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every ESCR is a prohibition on discrimination, whether for employment, housing or food.
Anti-discrimination laws exist in most countries and are fully enforceable in a court of
law.
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Justifiability of economic, social and cultural rights
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Opponents of ESCR, regrettably including some in the human rights field, argue that
g
ESCR are not judicially enforceable and that they are too vague to monitor effectively. Yet
most sovereign states have enshrined ESCR in their constitutions, and there are numerous .ne
examples of courts applying domestic and international law to protect ESCR. Vagueness
has also not prevented international development agencies from producing immense
volumes of research on global social and economic conditions. These include
t
standardized methodologies for comparing conditions in different countries and regions,
the UNDP's human development index and gender-related indices, UNICEF's rate of
progress measurements, and the World Bank's world development reports, to name a
few.
Historical neglect of ESCR cannot be attributed to methodological obstacles. While
there is always a need for additional indicators to measure compliance in specific rights, it
must be emphasized that the definition of all rights, even freedom from torture, changes
and expands over time through concrete practice. The main obstacle to realizing ESCR
remains a lack of political will and commitment on the part of states, international

institutions and NGOs whose responsibility it is to respect, protect and promote these
rights for the benefit of all human beings.
The following list provides just a few examples of ESCR violations that are already
being tried in courts around the world :
 Forcible evictions.
 Terminating an employee without cause.
 Deliberate poisoning of a water supply.
 Discrimination in access to medical care, work, housing, education etc.
 Banning unions.
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 Depriving children of adequate food and water.
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 Failing to provide any primary level education.
.Ea
 Failing to provide basic health care facilities.
 Educational institutions in such poor condition that they are a risk to safety.
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 Housing in such poor condition that it is a risk to safety.
1.6 Collective / Solidarity Rights

ngi
nee
The list of internationally recognized human rights has not remained constant.
Although none of the rights listed in the UDHR has been brought into serious question in
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over 60 years of its existence, new treaties and documents have clarified and further
g
developed some of the basic concepts that were laid down in that original document.
These additions have been a result of a number of factors : They have partly come
about as a response to changing ideas about human dignity and partly as a result of new .ne
threats and opportunities emerging. In the case of the specific new category of rights that
have been proposed as third generation rights, these have been the consequence of a
t
deeper understanding of the different types of obstacles that may stand in the way of
realising the first and second generation rights.
The idea at the basis of the third generation of rights is that of solidarity; and the rights
embrace collective rights of society or peoples, such as the right to sustainable
development, to peace or to a healthy environment. In much of the world, conditions
such as extreme poverty, war, ecological and natural disasters have meant that there has
been only very limited progress in respect of human rights. For that reason, many people
have felt that the recognition of a new category of human rights is necessary : These rights
would ensure the appropriate conditions for societies, particularly in the developing
world, to be able to provide the first and second generation rights that have already been
recognised. Downloaded From: www.EasyEngineering.net

The specific rights that are most commonly included within the category of third
generation rights are the rights to development, to peace, to a healthy environment, to
share in the exploitation of the common heritage of mankind, to communication and
humanitarian assistance.
There has, however, been some debate concerning this category of rights. Some
experts object to the idea of these rights because they are ‘collective rights', in the sense of
being held by communities or even whole states. They argue that human rights can only
be held by individuals. The argument is more than merely verbal, because some people
fear such a change in terminology could provide a "justification" for certain repressive
ww
regimes to deny (individual) human rights in the name of these collective human rights;
for example, severely curtailing civil rights in order to secure "economic development".
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There is another concern which is sometimes expressed: since it is not the state but the
.Ea
international community that is meant to safeguard third generation rights, accountability
is impossible to guarantee. Who or what, is supposed to be responsible for making sure
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that there is peace in the Caucasus or the Middle East or that the Amazonian rainforest is
not destroyed and that appropriate measures are taken against climate change ?
ngi
Nevertheless, whatever we decide to call them, there is general agreement that these
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areas require further exploration and further attention from the international community.
Some collective rights have already been recognised, in particular under the African
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charter on human and peoples' rights and the declaration on the rights of indigenous
development was codified in a 1986 UN general assembly declaration. The right tog
Peoples. The UDHR itself includes the right to self-determination and a human right to
development is an inalienable human right by virtue of which every human person and .ne
all peoples are entitled to participate in, contribute to and enjoy economic, social, cultural
and political development, in which all human rights and fundamental freedoms can be
t
fully realised. Article 1, UN declaration on the right to development.
Are some rights more important than others ?

Social and economic rights had a difficult time being accepted on an equal level with
civil and political rights, for reasons which are both ideological and political. Although it
seems evident to the ordinary citizen that such things as a minimum standard of living,
housing and reasonable conditions of employment are all essential to human dignity,
politicians have not always been so ready to acknowledge this. One reason is
undoubtedly that ensuring basic social and economic rights for everyone worldwide
would require a massive redistribution of resources. Politicians are well aware that that is
not the type of policy that wins votes. Downloaded From: www.EasyEngineering.net

Such politicians therefore suggest that second generation rights are different to first
generation civil and political rights. The first claim often made is that social and economic
rights are neither realistic nor realisable, at least in the short term and that we should
move towards them only gradually. This is the approach that has been taken in the
ICESCR : Governments only need to show that they are taking measures towards meeting
these aims at some point in the future. The claim, however, is certainly open to dispute
and appears to be based more on political considerations than anything else. Many
independent studies show that there are sufficient resources in the world and sufficient
expertise, to ensure that everyone's basic needs could be met if a concerted effort was
made.
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A second claim is that there is a fundamental theoretical difference between first and
second generation rights : That the first type of rights require governments only to refrain
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from certain activities (these are so-called "negative" rights); while the second require
.Ea
positive intervention from governments (these are "positive" rights). The argument states
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that it is not realistic to expect governments to take positive steps, for example to provide
food for everyone and that they are therefore not obliged to do so. Without any obligation
ngi
on anyone's part, there can be no right in any meaningful sense of the word.
However, there are two basic misunderstandings in this line of reasoning.
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Firstly, civil and political rights are by no means purely negative. In order, for
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example, for a government to guarantee freedom from torture, it is not enough just for
government officials to refrain from torturing people! Genuine freedom in this area often
mechanisms, freedom of information and access to places of detention - and moreg

requires a system of checks and controls to be put in place : Policing systems, legal
.ne
besides. The same goes for securing the right to vote and for all other civil and political
rights. In other words, these rights require positive action by the government in addition
to refraining from negative action.
t
Secondly, social and economic rights, just like civil and political rights, also require
that governments refrain from certain activities : For example, from giving large tax
breaks to companies or encouraging development in regions that already possess a
relative advantage or imposing trade tariffs which penalise developing countries - and so
on.
Other accounts for ‘core' and ‘other' rights

The ‘generations approach' is not the only effort in distinguishing between rights in
the light of the proliferation of rights. Some rights can be derogated in times of public
emergency; others cannot. Some rights are recognised as being ‘jus cogens' or norms that
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have been accepted by the international community www.EasyEngineering.net
states as a norm from which no

derogation is permitted : Examples include the prohibitions against genocide, slavery and
systematic racial discrimination. Some rights are ‘absolute' in that they cannot be subject
to derogation or limitation in their manifestation, for example the prohibition on torture.
‘Minimum core' obligations have been identified in relation to certain economic and social
rights, for example the provision of essential primary health care, basic shelter and
education. Others may suggest that collective rights are core, in that they establish a
framework of protection within which individual rights can then be realised. There is no
clear consensus or single theory on this and most observers would reinforce the
importance of emphasizing the universality, indivisibility and interdependence of rights.
Irrespective of the question of proliferation, however, science sometimes triggers the
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need for the application of human rights norms to new challenges and these will be
discussed below.
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The advance of science
.Ea
Another area where new rights are being acknowledged is in health and medical
science. New scientific discoveries have opened up a number of questions relating to
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ethics and human rights, in particular in the fields of genetic engineering and concerning
the transplant of organs and tissues. Questions on the very nature of life have had to be
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addressed as a result of technical advances in each of these fields.
The council of Europe responded to some of these challenges with a new international
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treaty : The 1999 convention for the protection of human rights and dignity of the human
being with regard to the application of biology and medicine (from now on, referred to as
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the Oviedo convention). This convention has been signed by 30 member states of the
issues raised in the previous section. g

council of Europe and ratified by ten. It sets out guidelines for some of the problematic
.ne
Summary of most relevant articles :
 Any form of discrimination against a person on grounds of their genetic heritage is
prohibited.
t
 Predictive genetic tests can be carried out only for health purposes and not, for
example, in order to determine the physical characteristics that a child will develop
in later life.
 Intervention which aims to modify the human genome may only be undertaken for
preventative, diagnostic or therapeutic purposes.
 Medically assisted procreation is not permitted where this is designed to determine
a future child's sex.
 Removal of organs or tissue from a living person for transplantation purposes can
be carried out solely for the therapeutic benefit of the recipient. (Article 21 -
Prohibition of financial gain.)

Genetic engineering is the method of changing the inherited characteristics of an

organism in a predetermined way by altering its genetic material. Progress in this area
has led to an intense debate on a number of different ethical and human rights questions;
for example, whether the alteration of germ cells should be allowed when this results in a
permanent genetic change for the whole organism and for subsequent generations; or
whether the reproduction of a clone organism from an individual gene should be allowed
in the case of human beings if it is permitted in the case of mice and sheep.
Two Marks Questions with Answers
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Q.1 Define human rights.
PART A
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Ans. : Human rights are defined as all those rights which are essential for the protection
.Ea
and maintenance of dignity of individuals and create conditions in which every human
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being can develop his personality to the fullest extent may be termed as human rights.
Q.2 Explain the classification of human rights.
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Ans. : Human rights can be classified and organized in a number of different ways, at an
international level the most common categorisation of human rights has been to split them
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into civil and political rights, and economic, social and cultural rights.
Q.3 List the types of fundamental rights.
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Ans. : 1. The right to due process. 2. The right to freedom of speech. 3. The right to freedom
g
of religion. 4. The right to privacy. 5. The right to marry. 6. The right to interstate and
intrastate travel. The right to equality. 7. The right to assemble.
.ne
Q.4 What is mean by civil and political rights ?
Ans. : Civil and political rights are a class of rights that protect individuals' freedom from
infringement by governments, social organizations, and private individuals. They ensure
t
one's entitlement to participate in the civil and political life of the society and state without
discrimination or repression.
Q.5 What is mean by economic, social and cultural rights ?
Ans. : Economic, social and cultural rights are socio-economic human rights, such as the
right to education, right to housing, right to adequate standard of living, right to health,
victims' rights and the right to science and culture.
Q.6 What is collective rights ?
Ans. : Collective rights are a type of human rights, which unlike traditional rights, are not
vested in a single individual but belongs to all people so that all of them can collective
enjoyed. Collective rights are also called third generation rights, solidarity rights or new
rights. Downloaded From: www.EasyEngineering.net

Q.7 List ESCR violations.

Ans. :
 Forcible evictions.
 Terminating an employee without cause.
 Deliberate poisoning of a water supply.
 Discrimination in access to medical care, work, housing, education etc.
Q.8 What about non-state actors ?
Ans. : Human rights treaties are signed by governments, and are the duty of governments
to enforce. However, this does not mean that non-state actors are free to violate people's
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human rights. There are three main ways to apply human rights standards to non-state
actors.
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Q.9 Define social and cultural rights.
.Ea
Ans. : Socio-economic human rights, such as the right to education, right to housing, right
to an adequate standard of living, right to health, victims' rights and the right to science
syE
and culture. Economic, social and cultural rights are recognised and protected in
international and regional human rights instruments.
Q.10 List variety of human rights.
Ans. : ngi
nee
 Civil rights (such as the rights to life, liberty and security),
 Political rights (like rights to the protection of the law and equality before the law),
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 Economic rights (including rights to work, to own property and to receive equal
pay),
 Social rights (like rights to education and consenting marriages), g .ne
 Cultural rights (including the right to freely participate in their cultural community),
and
 Collective rights (like the right to self-determination).
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Review Questions
PART B
1. Explain civil and political rights. (Refer sections 1.5.1 and 1.5.2)
2. Explain the functions of NHRC. (Refer section 1.1)
3. Explain the composition of NHRC. (Refer section 1.1)
4. Explain about the origin and development of human rights. (Refer section 1.2)
5. Explain in detail about the classification of human rights. (Refer section 1.4)


Ge8074 Unit 1 - Notes

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1 Introduction to Human Rights

1.6 Collective / Solidarity Rights

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1.1 Human Rights

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

 The right to freedom of association;

Human rights for women and girls

Universal and inalienable

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Equal and non-discriminatory

Both rights and obligations

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

NHRC History for UPSC nee

NHRC Composition - Members of NHRC for UPSC

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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

(Ex-officio Members) 1. National Commission for Minorities

ww 2. National Commission for Scheduled Castes

w 3. National Commission for Scheduled Tribes

Appointment of NHRC Members

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

Major Issues related to NHRC

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TECHNICAL PUBLICATIONS® - An up thrust for knowledge

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

1.3 Notion and Classification of Human Rights

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TECHNICAL PUBLICATIONS® - An up thrust for knowledge

1.4 Natural, Moral and Legal Rights

Features / nature of rights :

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1.4.1 Types of Rights

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

1.5.1 Civil Rights

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TECHNICAL PUBLICATIONS® - An up thrust for knowledge

1.5.3 Economic Rights

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

A preliminary point should be mentioned. Do all legal systems have a concept of

1.5.4 Social and Cultural Rights

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

Why are they called "rights" ?

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

What are the minimum requirements ?

What about non-state actors ?

How are these rights enforced ?

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

1.6 Collective / Solidarity Rights

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

Are some rights more important than others ?

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

mechanisms, freedom of information and access to places of detention - and moreg

Other accounts for ‘core' and ‘other' rights

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

issues raised in the previous section. g

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

Genetic engineering is the method of changing the inherited characteristics of an

Two Marks Questions with Answers

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

Q.7 List ESCR violations.