HUMAN RIGHTS

Concept of Right.
Concept of Human Rights.
UN declaration of human rights.
Rights of Women.
Rights of Children
Rights of Minorities.

Concept of Rights.

Rights Claims recognized and enforced by

state.
Its not sure whether the concept of rights
emerged from roman civilization or greek
civilization.
In ancient India, social obligations existed these
were regarded as duties.
These duties were present in religious code that
is dharma.
This Hindu law(Dharma) developed the duties
rather than rights.

Medieval priod in Europe wasa

dark period,thus in 12th century Hugo
Grotius writing influenced the Magna
Carta 1215 AD.
Magna carta its a document forced
by english nobles,bishops to the then
king john .document became magna
Carta once signed by King John.
It follwed petition of rights 1628.
Joseph laski gave the social nature of
rights,

English bill of rights 1629

.it was based on Lockean
individualism i.e.
1.

2.

3.

All should enjoy law of nature.. Which refers

that no one can come under authority of
another without consent. (Right to freedom).
Maintenance & protection of natural rights
constitute primary function of state.
Natural rights set limits for state.

At present state maintains and

coordinates the rights of citizens.
Rights are of two types
RIGHTS

MORAL RIGHT

LEGAL RIGHT

NOT ENFORCED
BY LAW

ELEMENTARY RIGHTS
LIKE FR

History & Concept of

Human rights
Pre 1945 era
1.
2.

3.

All religions one way or other stress on human

rights.
Secondlyhuman rights developed from
natural law Norms for human conduct is
provided by certain order by nature.
Contribution to natural rights came later by
Thomas Hobbes and John Locke which
included.

Self preservation.
Right to life, liberty and property.
Freedom of press.
Freedom of thought, politics and religion.

4.

1776 declaration of
independence.led to the initiation
of American bill of rights.

It included civil and political rights.

Freedom of speech. press.
Right for redresal of grievances.
No unusual search or punishment.
Thus it limited the government in political
and civil matters.

5.

French and American colonies discussed on

citizens Rights.

6.

Condorcet a French philosopher in

1787.holded the rights of women as natural
rights.

7.

In 1789 declaration of rights of man and citizen

was adopted by French government. include
man only and neglected woman.

8.

In 18th and early 19th century age of

industrialization led to new search for rights of
workers in Europe and America.era was
influenced by Karl Marx Communist manifesto.

9.

In the early 20th century, world war I put

attention on human kinds
independence.Thus emerged
League of nations and ILO.

10.

2nd world war projected a new threat

to human kind thus camethe
Roosevelt's four freedoms in 1941.
Freedom speech
and expression

Freedom from
want

Roosevelts
Four freedoms

Freedom of
worship

Freedom from
fear

Post 1945era

In 1945 the ground work for laying down

of united nations existed.which stated
in its first article of organization as.
promoting and encouraging human
rights and fundamental freedoms for all
without distinction to as race, sex
,language or religion.
Report to commission by the org was
agreed for human right principles which
later became used as human rights.

Human Rights

1.
2.
3.

4.
5.

Human rights are generally defined as those

rights which are inherent in our nature and with
out which we cannot live as human beings
.these are thus
Fundamental freedoms.
Allowing us to develop fully.
Helps in using human qualities like intelligence
etc.
Helps in retaining conscience.
Satisfies needs like spiritual ones

Nature of human rights for whom?

Does right to life in India and US are same no

then question arises whose right and what
Their might be distinction in allocation of
resources for right to life in India and US. but the
basics are same that human has to survive with
dignity.

Universality of Human Right.

a)

Where so ever individual resides he should be

entitled to human rights.
Irrespective of clash between Rights and
Cultures, laws, policies, morals..right is to be
promoted.

b)

Indivisibility of Human Right.

a) State and individual to recognize
each human right.
b) Denial of one human right has
impact on enjoyment of other
human rights.

HUMAN RIGHTS
LAW

TREATIES

STATE
CONSTITUTUION

CUSTOMARY

LAW

IMPORTANT TERMS
Declaration:

Its formal document from org.

Its non binding in nature.
Acts as guiding principle for state in promoting human rights.

Covenant, Convention, and Treaty:

Covenant: Promise between two or more that they will
enforce specific laws.
Convention: Its an international agreement that
contain provisions to promote specific human rights.
Treaty: Its same as covenant and convention except it
needs not a significant number of signatories.

Accession and Ratification :

The country must accede to or ratify the

convention or covenant..which then
becomes binding to the countries.

Customary international law:

Apart from conventions and covenants there

are human rights principles which become
mandatory to all countries.
The rule must be followed allover the world.

Universal declaration of
Human Rights

a)
b)
c)
d)

Its a living document like constitution

and is subject to change with passage
of time.
Emerged due:
Nazi movement in Germany.
Colonization of Asian and African countries.
Great depression of 1930s.
Disaster by second world war.
Adopted by United Nations in 1948.
Applicable to all nations who have
joined the bodybut

Universal declaration does not bind any

nation legally to enforce human rights.
No formal penalties follow for its violation.
Its not a lengthy document it contains a
preamble and 30 articles.

Preamble

Foundations of peace, justice and dignity.

Disregard and contempt to horrific
experiences.
Focus on legal frame work of human rights in
all states .i.e. respect to human rights by
government.

Importance of international relations by

human rights principles.
Freedom and gender equality under
charter for org.
The pledge to promote human rights by any
member of united nations.
As now the preamble proclaims the
universal declaration of human rights as a
common standard of achievement for all
peoples and all nations.

Articles

Art 1 : Declares natural law & natural rights as

basis of human Rights.
Art 2 : Entitlement of all human rights without
discriminationlike color, age ,sex, birth etc.
Art 3 : Everyone has right to life, liberty and
security .
Art 4 : Prohibition of slavery.
Art 5 : No one will be subjected to torture,
cruelty, inhuman or degrading treatment.
Art 6: Right to recognition everywhere for the law.
Art: 7: Equality before law and equal protection of
the law.
Art 8: Redress for constitutional and legal
violations.
Art 9: No arbitrary arrest, detention or exile.

Art 13: Freedom of movement and residence

Right to leave an country and return to his
country.
Art 15: everyone to be entitled right to nationality
Art 16: Marriage rights
Protection to family from society and state.
Art 18: Freedom and thought, conscience and
religion.
Art 20: Freedom of peaceful association.
Art 21: a)Equal access to public services in
country.
b) Right to show representation in a government.

Art 23: Choice of employment

b) Protection against un-employment

c) Equal pay for equal Work

d) Right to form trade unions

Art 27: Right to participate in Cultural life,

arts and sharing of scientific advancements.
Art 30: Declaration implying to state group or
person. No one has right to act at the
destruction of any of the rights and freedoms
mentioned in a declaration.

Rights of women

1.
2.
3.

1.
2.
3.

The rights of woman are based on:

Economic structures.
Cultural values.
Ideologies of society.
In India First instance woman rights
centered around three major
problems:
Infant marriages.
Enforced widowhood.
Property rights of woman.

1.
2.

Second instance the rights of woman

centered on constitutional grounds.
within Hindu code billit identified
the woman be treated as equal to man
in all terms like.political , economical
and social.
Third instance started in 1970s .when
govt setup committee on status of
woman.
It identified two major problems:
Domestic violation.
Woman oppression.
In the mean time other rights were also
identified which are:

Right to live.
Religious right.
Decision right.
Protective right.
Developmental right.
Motherhood rights.

Constitutional Rights

Preamble : Equality of status and opportunity

to all citizens.
Art 14 : Equality before law.
Art 15 : prohibition of discrimination on the
basis of sex, religion.
Art 16 : equal opportunity in employment.
Art 39 A : equal opportunity for justice and
free legal aid.
Art 51 (A) e : renounce practices derogatory to
the dignity of woman.
And other legislations like Equal remuneration
act, Maternity benefit act etc.

International efforts

Convention on the elimination of all

forms discrimination against woman.
Convention on political rights of
woman.
Convention on consent of marriage.
Convention on the nationality of
married woman.

Rights

of

Children

World wide efforts have been made to realize the

potential and security of children.
Hundreds of covenants, conventions, international
laws have been made.
In 1949 UN general assembly adopted the rights
of the children which included..Ten principles.
The declaration acted as the guiding frame work
for child rights.
In 1990 international law was framed by UN
general assembly.as convention on rights of
children.
It includes 54 articles.
It draws attention to survival, protection and
development of children.

The convention identified all types

of rights like.civil, political,
social, economical and cultural.

It categorized the rights into four

categories.

1.

Right to survival.
Right to protection.
Right to development.
Right to participation.

2.
3.
4.

Right to Life

1.
2.
3.

1.
2.
3.
4.

It includes:

Right to life.
Highest standard of health, nutrition and adequate
standard of living.
Right to name and nationality.

Right to protection.

Freedom from all forms of exploitation.

Freedom from inhuman treatment and negligence.
Special protection in emergencies and armed
conflicts.
Freedom from economic exploitation to which India
has responded by Child labor( prohibition and
regulation) act.

Right to development

Right to education.
Support to early child hood support and care.
Right to leisure, recreation and cultural activities.
India recognizes the right by Art 45 of constitution,
National policy on education, Education for all etc

Right to participation.

Respect to the views of children.

Freedom of expression, religion and thought.
Access to information
India recognizes the right by art 19, Juvenile
justice act.,criminal law IPC 1860