CERTAIN BASIC HUMAN RIGHTS-2

RIGHT AGAINST EXPLOITATION

UNIVERSAL DECLARATION OF HR

• Art 4: prohibition of slavery, servitude, slave trade

• Art 23: right to work, free choice of employment, protection against unemployment, equal pay for equal work

• Art 24: right to rest, leisure, reasonable working conditions, periodical holidays with pay.

ICCPR

• Art 8:• prohibition of slavery, servitude and slave trade

in any form.• Prohibition of forced or compulsory labour• Saving clause as to forced or compulsory labour• Compulsory labour by prisoners• Art 22: freedom to form trade unions for

collective bargaining

ICESCR

• Art 6: Right to work, living by such work, freedom to choose and accept work and to safeguard his interests.

• Art 7:• just and favourable conditions of work• Fair wages, equal pay for equal work without distinction,

safe and healthy working conditions, equal opportunities in promotions, rest, leisure, periodic holidays with pay etc.

• Art 8: trade unions, right to strike( subject to national law), reasonable restrictions(armed forces etc.)

• Art 10: maternity benefits

INDIAN CONSTITUTION

• Art 23: prohibition of traffic in human beings, begar and other forms of forced labour

• Art 24: prohobition of employment of children in factories, mines or other hazardous employments

• Vishal jeet Vs. UOI: devdasee system was held as a form of traffic in human beings

• Bandhua mukti morcha’s case• Gaurav Jain’s case

RIGHT TO EDUCATION

UNIVERSAL DECLARATION OF HR

• ART 26:• Everyone has the right to education• At elementary and fundamental level, education shall

be free and compulsory• Technical and professional education shall be available

equally on the basis of merit• Education shall be directed to full development of

human personality• Parents have the prior right to choose the kind of

education for their children

ICESCR• ART 13:• Everyone has a right to education• Education shall be directed to full development of human

personality and the sense of its dignity, and shall strengthen the respect for human rights

• Primary education shall be compulsory and free• Secondary education shall be made generally available• higher education shall be accessible to all on the basis of

capacity……• Parents’ freedom to decide• Art 14: states not having provided this right, shall have an action

plan for two years

INDIAN CONSTITUTION

• Article 21: life, life with dignity• Mohini jain’s case• Unneekrishnan’s case• Art 21 A• Art 51 A(k)

RIGHT TO MARRY

UNIVERSAL DECLARATION OF HR

• Art 16:• men and women of full age, without limitation

due to race, nationality or religion, have a right to marry and found a family.

• Marriage with free and full consent of the intending spouses

• Family is the natural and fundamental group unit of the society and is entitled to protection by society and the state.

ICCPR

• Art 23:• The family is the natural and fundamental group

unit of the society and is entitled to protection by the society and the state.

• Men and women of marriageable age have right to marry and found a family

• With free and full consent of the intending spouses• Equal rights of men and women as to marriage, its

continuance and at dissolution

ICESCR

• ART 10:• Family as a fundamental and natural group

unit of the society, is entitled to protection• Right to marriage, of men and women of age.• Free and full consent• Such family is responsible for education of

children and pre and post motherhood care of women

RIGHT TO SOCIAL SECURITY

UNIVERSAL DECLARATION OF HR

• Art 22:• Everyone has aright to social security• Of the economic, social and cultural rights

indispensable for his dignity and development of his personality

• According to the organization and resources of the state

ICCPR

• ART27:• This article addresses the rights of ethnic,

religious and linguistic minorities only• to profess and practice the components of

their culture( language and religion)

ICESCR

• ART 9:• Everyone has the right to social security• It also includes the right to social insurance

INDIAN CONSTITUTION• Art 38:• State to secure a social order for the promotion of welfare of the people• In which justice social, economic and political shall inform all

institutions of national life• Art 39:• Adequate means of livelihood• Use of material resources for common good• No concentration of wealth• Equal pay for equal work• Not forced to work not suited to age and strength• Children’s care and development• Mere directives

RIGHT TO EFFECTIVE LEGAL REMEDY

• UDHR: art 8• ICCPR: art 26• Indian constitution: art 32• Concurrently art 226• Emergence of PILs