INDIAN CONSTITUTION, UDHR, ICCPR AND ICESCR: ON FOR HUMAN RIGHTS

INDIAN CONSTITUTION INDIAN CONSTITUTION UDHR ICCPR AND UDHR ICCPR AND

ICESCR ON FOR HUMAN ICESCR ON FOR HUMAN RIGHTSRIGHTS

What are human rightsWhat are human rights

Human rights are said to be inherent inalienable and universal Human rights are said to be inherent inalienable and universal They are inherent in that they belong to everyone because of their They are inherent in that they belong to everyone because of their

common humanity common humanity They are inalienable in that people cannot give them up or be deprived of They are inalienable in that people cannot give them up or be deprived of

them by governments them by governments They are universal in that they apply regardless of distinctions such as They are universal in that they apply regardless of distinctions such as

race sex language or religion race sex language or religion Human rights govern how individual human beings live in society and Human rights govern how individual human beings live in society and

with each other as well as their relationship with the State and the with each other as well as their relationship with the State and the obligations that the State has towards themobligations that the State has towards them

Human rights aim to recognise and protect the dignity of all human beings Human rights aim to recognise and protect the dignity of all human beings whatever their status or condition in lifewhatever their status or condition in life

human rights are not the gift or bounty of any political sovereign through legislation or any edict but are rights inherent in human existence The purpose of any law dealing with these rights is merely to recognize them to regulate their exercise and to provide for their enforcement and the ancillary matters

EARLIER SOCIETIES AND EARLIER SOCIETIES AND SLAVE TRADITION (HUMAN SLAVE TRADITION (HUMAN

BEING AS CHATTEL)BEING AS CHATTEL) Slaves were property and could be soldSlaves were property and could be sold

Masters could do as they like with their slavesMasters could do as they like with their slaves

Masters could destroy slavesMasters could destroy slaves

Slaves could be killedSlaves could be killed

Slaves couldnrsquot marry Slaves couldnrsquot be educatedSlaves couldnrsquot marry Slaves couldnrsquot be educated

Slaves to wear chainsSlaves to wear chains

Slaves Slaves couldnrsquotcouldnrsquot become Christians become Christians

Slaves were not able to possess propertysell anythingSlaves were not able to possess propertysell anything

All blacks were slavesAll blacks were slaves

Slavesrsquo children were the property of the masterSlavesrsquo children were the property of the master

Inhuman attitude of mastersInhuman attitude of masters

Atrocities on slavesAtrocities on slaves

THE CONCEPT OF HUMAN THE CONCEPT OF HUMAN RIGHTSRIGHTS

Most of the worldrsquos major philosophies religions and cultures have recognised Most of the worldrsquos major philosophies religions and cultures have recognised similar concepts in one form or another for centuries but it took the atrocities similar concepts in one form or another for centuries but it took the atrocities that occurred during World War II to galvanise the international community into that occurred during World War II to galvanise the international community into developing common standards and processes for the protection of human rights developing common standards and processes for the protection of human rights In 1945 the United Nations developed a Charter based on the precedents In 1945 the United Nations developed a Charter based on the precedents included in the Nuremburg Judgement The Charterrsquos primary purpose was to included in the Nuremburg Judgement The Charterrsquos primary purpose was to establish a system for ensuring global peace and security that included establish a system for ensuring global peace and security that included lsquopromoting and encouraging respect for human rights and for fundamental lsquopromoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race sex language or religionrsquo (Article freedoms for all without distinction as to race sex language or religionrsquo (Article 1 para3) 1 para3)

Documents asserting individual rights such the Magna Carta (1215) the Documents asserting individual rights such the Magna Carta (1215) the English Bill of Rights (1689) the French Declaration on the Rights of Man and English Bill of Rights (1689) the French Declaration on the Rights of Man and Citizen (1789) and the US Constitution and Bill of Rights (1791) are the Citizen (1789) and the US Constitution and Bill of Rights (1791) are the written precursors to many of todayrsquos human rights documents Yet many of written precursors to many of todayrsquos human rights documents Yet many of these documents when originally translated into policy these documents when originally translated into policy excluded womenexcluded women people of colour and members of certain social religious economic and people of colour and members of certain social religious economic and political groups Nevertheless oppressed people throughout the world have political groups Nevertheless oppressed people throughout the world have drawn on the principles these documents express to support revolutions that drawn on the principles these documents express to support revolutions that assert the right to self-determination assert the right to self-determination

THE CONCEPT OF HUMAN THE CONCEPT OF HUMAN RIGHTS continuedhellipRIGHTS continuedhellip

The idea of human rights emerged stronger after World War II The The idea of human rights emerged stronger after World War II The extermination by Nazi Germany of over six million Jews Sinti and Romani extermination by Nazi Germany of over six million Jews Sinti and Romani (gypsies) homosexuals and persons with disabilities horrified the world Trials (gypsies) homosexuals and persons with disabilities horrified the world Trials were held in were held in Nuremberg and Tokyo after World War IINuremberg and Tokyo after World War II (judges from victorious (judges from victorious nations therefore the impartiality of the decisions given by these courts were nations therefore the impartiality of the decisions given by these courts were questioned-you can not be judge in your own cause so it was the questioned-you can not be judge in your own cause so it was the sheer sheer violation of human rightsviolation of human rights) and officials from the defeated countries were ) and officials from the defeated countries were punished for committing war crimes crimes against peace and crimes punished for committing war crimes crimes against peace and crimes against humanity against humanity

Governments then committed themselves to establishing the United Nations Governments then committed themselves to establishing the United Nations with the primary goal of bolstering international peace and preventing conflictwith the primary goal of bolstering international peace and preventing conflict

People wanted to ensure that never again would anyone be unjustly denied life People wanted to ensure that never again would anyone be unjustly denied life freedom food shelter and nationality freedom food shelter and nationality

The essence of these emerging human rights principles was captured in The essence of these emerging human rights principles was captured in President Franklin Delano Rooseveltrsquos 1941 State of the Union Address when President Franklin Delano Rooseveltrsquos 1941 State of the Union Address when he spoke of a world founded on four essential freedoms freedom of speech and he spoke of a world founded on four essential freedoms freedom of speech and religion and freedom from want and fear religion and freedom from want and fear

The calls came from across the globe for human rights standards to protect The calls came from across the globe for human rights standards to protect citizens from abuses by their governments standards against which nations citizens from abuses by their governments standards against which nations could be held accountable for the treatment of those living within their borders could be held accountable for the treatment of those living within their borders


Universality and inalienabilityUniversality and inalienability Human rights are universal and inalienable All people everywhere in the Human rights are universal and inalienable All people everywhere in the world are entitled to them The human person in whom they inhere cannot voluntarily give them up Nor can others world are entitled to them The human person in whom they inhere cannot voluntarily give them up Nor can others take them away from him or her As stated in article 1 of the Universal Declaration of Human Rights ldquoAll human take them away from him or her As stated in article 1 of the Universal Declaration of Human Rights ldquoAll human beings are born free and equal in dignity and rightsrdquobeings are born free and equal in dignity and rightsrdquo

1048694 1048694 IndivisibilityIndivisibility Human rights are indivisible Whether of a civil cultural economic political or social nature they Human rights are indivisible Whether of a civil cultural economic political or social nature they are all inherent to the dignity of every human person Consequently they all have equal status as rights and cannot be are all inherent to the dignity of every human person Consequently they all have equal status as rights and cannot be ranked a priori in a hierarchical orderranked a priori in a hierarchical order

1048694 1048694 Interdependence and interrelatednessInterdependence and interrelatedness The realization of one right often depends wholly or in part The realization of one right often depends wholly or in part upon the realization of others For instance realization of the right to health may depend in certain circumstances on upon the realization of others For instance realization of the right to health may depend in certain circumstances on realization of the right to education or of the right to informationrealization of the right to education or of the right to information

1048694 1048694 Equality and non-discriminationEquality and non-discrimination All individuals are equal as human beings and by virtue of the inherent All individuals are equal as human beings and by virtue of the inherent dignity of each human person All human beings are entitled to their human rights without discrimination of any kind dignity of each human person All human beings are entitled to their human rights without discrimination of any kind such as race colour sex ethnicity age language religion political or other opinion national or social origin such as race colour sex ethnicity age language religion political or other opinion national or social origin disability property birth or other status as explained by the human rights treaty bodiesdisability property birth or other status as explained by the human rights treaty bodies

1048694 1048694 Participation and inclusionParticipation and inclusion Every person and all peoples are entitled to active free and meaningful Every person and all peoples are entitled to active free and meaningful participation in contribution to and enjoyment of civil economic social cultural and political development in which participation in contribution to and enjoyment of civil economic social cultural and political development in which human rights and fundamental freedoms can be realizedhuman rights and fundamental freedoms can be realized

1048694 1048694 Accountability and rule of lawAccountability and rule of law States and other duty-bearers are answerable for the observance of human States and other duty-bearers are answerable for the observance of human rights In this regard they have to comply with the legal norms and standards enshrined in human rights instruments rights In this regard they have to comply with the legal norms and standards enshrined in human rights instruments Where they fail to do so aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a Where they fail to do so aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by lawcompetent court or other adjudicator in accordance with the rules and procedures provided by law


The Virginia Bill of Rights (1776) proclaimed that ldquoAll men are by nature The Virginia Bill of Rights (1776) proclaimed that ldquoAll men are by nature equally equally free and independent and have certain inherent rightsfree and independent and have certain inherent rights of which when they enter a of which when they enter a state of society they cannot by any compact deprive or divest their posterity state of society they cannot by any compact deprive or divest their posterity namely the enjoyment of life and liberty with the means of acquiring and namely the enjoyment of life and liberty with the means of acquiring and possessing property and pursuing and obtaining happinessrdquo (future generations) possessing property and pursuing and obtaining happinessrdquo (future generations)

The American Declaration of Independence further said ldquoWe hold these truths to The American Declaration of Independence further said ldquoWe hold these truths to be self-evident that all men are created equal that they are be self-evident that all men are created equal that they are endowed by their endowed by their creator with certain inalienable rightscreator with certain inalienable rights that among these are life liberty and the that among these are life liberty and the pursuit of happinessrdquo pursuit of happinessrdquo

The French Declaration [1789] said ldquoMen are born and remain free and equal in The French Declaration [1789] said ldquoMen are born and remain free and equal in rightshellip the purpose of all political association is the rightshellip the purpose of all political association is the conservation of the natural conservation of the natural and inalienable rights of manand inalienable rights of man these rights are liberty property security and these rights are liberty property security and resistance to oppressionrdquo resistance to oppressionrdquo

THE MAGNA CARTA THE MAGNA CARTA

The Magna Carta is a document that King John of England (1166 - The Magna Carta is a document that King John of England (1166 - 1216) was forced into signing King John was forced into signing 1216) was forced into signing King John was forced into signing the charter because it greatly reduced the power he held as the King the charter because it greatly reduced the power he held as the King of England and allowed for the formation of a powerful parliament of England and allowed for the formation of a powerful parliament

The purpose of the Magna Carta was to curb the King and make The purpose of the Magna Carta was to curb the King and make him govern by the old English laws King John signed the him govern by the old English laws King John signed the document which was document which was originally called the Articles of the Barons on originally called the Articles of the Barons on June 10 1215June 10 1215

The content of the Magna Carta was The content of the Magna Carta was drafted bydrafted by Archbishop Archbishop Stephen Stephen Langton and the most powerful Barons of EnglandLangton and the most powerful Barons of England

THE MAGNA CARTA THE MAGNA CARTA In 1205 King John quarrelled with the Pope Innocent III about who should be In 1205 King John quarrelled with the Pope Innocent III about who should be

archbishop of Canterbury The Pope wanted a man named Stephen Langton to be archbishop of Canterbury The Pope wanted a man named Stephen Langton to be archbishop but King John swore he should never come to England archbishop but King John swore he should never come to England

In 1209 The pope retaliated excommunicated King John and banned all church In 1209 The pope retaliated excommunicated King John and banned all church services in all churchesservices in all churches

Pope Innocent made the king and people pay him money whenever he demanded it Pope Innocent made the king and people pay him money whenever he demanded it (Dominance of the Church)(Dominance of the Church)

Taxes levied by King John were huge In 1212 King John imposes taxes on the Taxes levied by King John were huge In 1212 King John imposes taxes on the BaronsBarons

King John quarrels with the Barons over his methods of ruling EnglandKing John quarrels with the Barons over his methods of ruling England The Barons and Stephen Langton decided to curb the King and make him govern by The Barons and Stephen Langton decided to curb the King and make him govern by

the old English laws the old English laws The Barons took up arms against King John The Barons captured London in May The Barons took up arms against King John The Barons captured London in May

12151215 King John signed and sealed the document on June 10 1215King John signed and sealed the document on June 10 1215 The royal chancery produced a formal royal grant based on the agreements reached The royal chancery produced a formal royal grant based on the agreements reached

at Runnymede which became known as Magna Cartaat Runnymede which became known as Magna Carta

Millennium Declaration At the threshold of the new century the world leaders gathered in New York for the World Summit

to consider the challenges faced in the new century and they set out their aims in their Millennium Declaration (Adopted by the United Nations General Assembly in its resolution 552 of 8 September Adopted by the United Nations General Assembly in its resolution 552 of 8 September 2000)2000) By the year 2015 all United Nations member states have pledged to meet the goals 1048694 Eradicate extreme poverty and hunger

1048694 Achieve universal primary education

1048694 Promote gender equality and empower women

1048694 Reduce child mortality

1048694 Improve maternal health

1048694 Combat HIVAIDS malaria and other diseases

1048694 Ensure environmental sustainability

1048694 Develop a global partnership for development

Millennium Declaration Continuedhellip

The then UN Secretary General Kofi Annan in his UN Day (24 October 2000) message referred to the Declaration ldquoThey pledged themselves to free their peoples ndash from the scourge of war from abject and dehumanizing poverty and from the threat of living on a polluted planet with few natural resources left They undertook to promote democracy and the rule of law to protect children and other vulnerable people and to meet the special needs of Africa And they promised to make the United Nations itself more effective as an instrument for pursuing all those aimsrdquo

The Universal Declaration of Human The Universal Declaration of Human RightsRights

Member states of the United Nations pledged to promote respect for the human rights of of the United Nations pledged to promote respect for the human rights of all To advance this goal the UN established a Commission on Human Rights and all To advance this goal the UN established a Commission on Human Rights and charged it with the task of drafting a document spelling out the meaning of the charged it with the task of drafting a document spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter The Commission was fundamental rights and freedoms proclaimed in the Charter The Commission was guided by Eleanor Rooseveltrsquos forceful leadershipguided by Eleanor Rooseveltrsquos forceful leadership

On December 10 1948 the Universal Declaration of Human Rights (UDHR) was On December 10 1948 the Universal Declaration of Human Rights (UDHR) was adopted by the 56 members of the United Nations The vote was unanimous although adopted by the 56 members of the United Nations The vote was unanimous although eight nations chose to abstain eight nations chose to abstain

The UDHR commonly referred to as the international Magna Carta extended the The UDHR commonly referred to as the international Magna Carta extended the revolution in international law ushered in by the United Nations Charter ndash namely that revolution in international law ushered in by the United Nations Charter ndash namely that how a government treats its own citizens is now a matter of legitimate international how a government treats its own citizens is now a matter of legitimate international concern and not simply a domestic issue It claims that all rights are interdependent and concern and not simply a domestic issue It claims that all rights are interdependent and indivisible Its Preamble asserts that indivisible Its Preamble asserts that

Recognition of the inherent dignity and of the equal and inalienable rights of all Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom justice and peace in the members of the human family is the foundation of freedom justice and peace in the world world

The influence of the UDHR has been substantial Its principles have been incorporated The influence of the UDHR has been substantial Its principles have been incorporated into the constitutions of most of the more than 185 nations now in the UN Although the into the constitutions of most of the more than 185 nations now in the UN Although the declaration is not a legally enforceable and binding document the Universal Declaration declaration is not a legally enforceable and binding document the Universal Declaration has achieved the status of customary international law because people regard it as a has achieved the status of customary international law because people regard it as a common standard of achievement for all people and all nations common standard of achievement for all people and all nations

The Universal Declaration of Human The Universal Declaration of Human RightsRights continuedhellipcontinuedhellip

With the goal of establishing mechanisms for enforcing the UDHR the UN With the goal of establishing mechanisms for enforcing the UDHR the UN Commission on Human Rights proceeded to draft two treaties the International Commission on Human Rights proceeded to draft two treaties the International Covenant on Civil and Political Rights (ICCPR) and its optional Protocol and the Covenant on Civil and Political Rights (ICCPR) and its optional Protocol and the International Covenant on Economic Social and Cultural Rights (ICESCR) International Covenant on Economic Social and Cultural Rights (ICESCR) Together with the Universal Declaration they are commonly referred to as the Together with the Universal Declaration they are commonly referred to as the International Bill of Human Rights International Bill of Human Rights

The ICCPR focuses on such issues as the right to life freedom of speech religion The ICCPR focuses on such issues as the right to life freedom of speech religion and voting The ICESCR focuses on such issues as food education health and and voting The ICESCR focuses on such issues as food education health and shelter Both covenants trumpet the extension of rights to all persons and prohibit shelter Both covenants trumpet the extension of rights to all persons and prohibit discrimination discrimination

It was in 1946 that a Human Rights Commission was formed under the United It was in 1946 that a Human Rights Commission was formed under the United Nations on international basis On 10 December 1948 the United Nations Nations on international basis On 10 December 1948 the United Nations Organisation adopted the well known Declaration of Human Rights That Organisation adopted the well known Declaration of Human Rights That declaration ensures to every one in the world his birthright to lead a life without declaration ensures to every one in the world his birthright to lead a life without any discrimination on the basis of caste religion race language citizenship any discrimination on the basis of caste religion race language citizenship conviction culture family sex and so onconviction culture family sex and so on

The UDHR contains a preamble and 30 articles which include a general prohibition The UDHR contains a preamble and 30 articles which include a general prohibition of discrimination and set forth various types of rights and obligations including of discrimination and set forth various types of rights and obligations including political and civil rights political and civil rights (such as the right to life liberty and security of person (such as the right to life liberty and security of person freedom from slavery and servitude freedom from torture and cruel inhuman or freedom from slavery and servitude freedom from torture and cruel inhuman or degrading treatment or punishment the right to recognition before the law and the degrading treatment or punishment the right to recognition before the law and the freedoms of thought conscience religion expression opinion assembly and freedoms of thought conscience religion expression opinion assembly and association) and association) and economic social and cultural rights economic social and cultural rights (among them the rights to (among them the rights to social security work education and to a standard of living adequate for health and social security work education and to a standard of living adequate for health and well-being) well-being)

Although the UDHR is Although the UDHR is not a legally binding instrument not a legally binding instrument (ie it does not create legal (ie it does not create legal obligations for States) it has over time been widely accepted as a universal obligations for States) it has over time been widely accepted as a universal agreement on fundamental human rights norms that duty bearers are expected to agreement on fundamental human rights norms that duty bearers are expected to respect protect and fulfill It therefore carries significant moral weight and a respect protect and fulfill It therefore carries significant moral weight and a number of its provisions now constitute customary international law number of its provisions now constitute customary international law

The UDHR has inspired a large number of legal documents at the national regional The UDHR has inspired a large number of legal documents at the national regional and international levels Many subsequent international instruments are based on its and international levels Many subsequent international instruments are based on its catalogue of fundamental rights and freedoms catalogue of fundamental rights and freedoms


The Universal Declaration of The Universal Declaration of Human RightsHuman Rights continuedhellipcontinuedhellip

Can there be any hierarchy among human rightsCan there be any hierarchy among human rights The 1948 Universal Declaration of Human Rights makes it clear that human rights of The 1948 Universal Declaration of Human Rights makes it clear that human rights of

all kindsmdasheconomic political civil cultural and socialmdashare of equal validity and all kindsmdasheconomic political civil cultural and socialmdashare of equal validity and importance This fact has been reaffirmed repeatedly by the international community importance This fact has been reaffirmed repeatedly by the international community for example in the 1986 Declaration on the Right to Development the 1993 Vienna for example in the 1986 Declaration on the Right to Development the 1993 Vienna Declaration and the near-universally ratified Convention on the Rights of the Child Declaration and the near-universally ratified Convention on the Rights of the Child So there is So there is no hierarchy among human rightsno hierarchy among human rights ie all human rights are equally ie all human rights are equally important (answer to the above mentioned question is lsquoNOrsquo)important (answer to the above mentioned question is lsquoNOrsquo)

In general In general To respect human rightsTo respect human rights means simply not to interfere with their means simply not to interfere with their enjoyment For instance States should refrain from carrying out forced evictions and enjoyment For instance States should refrain from carrying out forced evictions and not arbitrarily restrict the right to vote or the freedom of associationnot arbitrarily restrict the right to vote or the freedom of association

To protect human rightsTo protect human rights means to take steps to ensure that third parties do not means to take steps to ensure that third parties do not interfere with their enjoyment For example States must protect the accessibility of interfere with their enjoyment For example States must protect the accessibility of education by ensuring that parents and employers do not stop girls from going to education by ensuring that parents and employers do not stop girls from going to schoolschool

To fulfil human rightsTo fulfil human rights means to take steps progressively to realize the right in means to take steps progressively to realize the right in question question


The Declaration not only creates duties for States but makes it clear that The Declaration not only creates duties for States but makes it clear that individuals too individuals too have responsibilitieshave responsibilities In international human rights standards (International Council on In international human rights standards (International Council on Human Rights Policy 1999) we find three kinds of duties that apply to individualsHuman Rights Policy 1999) we find three kinds of duties that apply to individuals

the duty of individuals vested with State authority to respect promote and protect human the duty of individuals vested with State authority to respect promote and protect human rightsrights

the duty of individuals to exercise their rights responsiblythe duty of individuals to exercise their rights responsibly

more general duties of individuals to others and their community more general duties of individuals to others and their community

Article 29 specifically states that lsquoeveryone has duties to the community in which alone Article 29 specifically states that lsquoeveryone has duties to the community in which alone the free and full development of his personality is possiblersquo the free and full development of his personality is possiblersquo

The rights in the Declaration fall roughly into two categoriesThe rights in the Declaration fall roughly into two categories The first consists of civil The first consists of civil and political rights such as freedom of opinion and expression and the right to justice and political rights such as freedom of opinion and expression and the right to justice These are often recognised by States in Constitutions or laws such as Bills of Rights The These are often recognised by States in Constitutions or laws such as Bills of Rights The second comprises economic cultural and social rights such as the right to work or to lsquoa second comprises economic cultural and social rights such as the right to work or to lsquoa reasonable standard of livingrsquo reasonable standard of livingrsquo

Other Important ConventionsOther Important Conventions The Convention on the Elimination of All Forms of Racial The Convention on the Elimination of All Forms of Racial

Discrimination Discrimination The Convention on the Prevention and Punishment of the Crime of The Convention on the Prevention and Punishment of the Crime of

Genocide Genocide The Convention on the Political Rights of Women The Convention on the Political Rights of Women The Slavery Convention of 1926 The Slavery Convention of 1926 The Convention against Torture and Other CruelThe Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (ICESCR) (1966) Inhuman or Degrading Treatment or Punishment (ICESCR) (1966)

The International Convention on the Elimination of All Forms of The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) The Convention on the Elimination Racial Discrimination (ICERD) The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) The of All Forms of Discrimination against Women (CEDAW) The Convention against Torture and Other Cruel Inhuman or Degrading Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT) The Convention on the Rights of Treatment or Punishment (CAT) The Convention on the Rights of the Child (CRC) The International Convention on the Protection of the Child (CRC) The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families the Rights of All Migrant Workers and Members of their Families (ICRMW) The International Convention on the Rights of Persons (ICRMW) The International Convention on the Rights of Persons with Disabilities with Disabilities

Important International Important International CovenantsCovenants

In order to give the standards in the Declaration legal force two major covenants In order to give the standards in the Declaration legal force two major covenants were developed in the years following its adoption One deals with civil and were developed in the years following its adoption One deals with civil and political rights ndash the International Covenant on Civil and Political Rights political rights ndash the International Covenant on Civil and Political Rights (ICCPR) ndash and the other with economic social and cultural rights ndash the (ICCPR) ndash and the other with economic social and cultural rights ndash the International Covenant on Economic Social and Cultural Rights (ICESCR) Both International Covenant on Economic Social and Cultural Rights (ICESCR) Both were adopted by a special resolution of the UN General Assembly in 1966 and were adopted by a special resolution of the UN General Assembly in 1966 and came into effect when the necessary number of countries had ratified them in came into effect when the necessary number of countries had ratified them in 1976 The two covenants and the Declaration are often referred to as the 1976 The two covenants and the Declaration are often referred to as the International Bill of Rights International Bill of Rights

The concepts in the Declaration have been further refined in a series of specialist The concepts in the Declaration have been further refined in a series of specialist treaties or conventions that address matters of concern to particular groups such treaties or conventions that address matters of concern to particular groups such as women and children As with the two major covenants these conventions are as women and children As with the two major covenants these conventions are binding on the States that ratify them The other major treaties are the binding on the States that ratify them The other major treaties are the International Convention on the Elimination of All Forms of Racism (CERD) the International Convention on the Elimination of All Forms of Racism (CERD) the Convention on the Elimination of All Forms of Discrimination Against Women Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) the Convention Against Torture and other Cruel Inhuman or (CEDAW) the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment (CAT) and the Convention on the Rights of Degrading Treatment or Punishment (CAT) and the Convention on the Rights of the Child (UNCROC) Some of these instruments are supplemented by Optional the Child (UNCROC) Some of these instruments are supplemented by Optional Protocols that allow individuals to take complaints to the relevant UN body after Protocols that allow individuals to take complaints to the relevant UN body after they have exhausted their domestic remedies they have exhausted their domestic remedies

The process of ratificationThe process of ratification HOW TO MAKE INTERNATIONAL RULES APPLICABLE AT HOW TO MAKE INTERNATIONAL RULES APPLICABLE AT

DOMESTIC OR NATIONAL LEVELDOMESTIC OR NATIONAL LEVEL Freedom of the concerned State to apply International Law as it is or to Freedom of the concerned State to apply International Law as it is or to

apply it with modifications at the municipal level apply it with modifications at the municipal level Freedom to ratify it or notFreedom to ratify it or not How the International instruments are developed They are developed by How the International instruments are developed They are developed by

a process of a process of negotiation among United Nations member Statesnegotiation among United Nations member States to produce to produce a set of standards acceptable to all of them Individual States then decide a set of standards acceptable to all of them Individual States then decide whether to accede to or ratify a treaty whether to accede to or ratify a treaty

Ratification is acceptance by a State that it will be Ratification is acceptance by a State that it will be bound by the terms of a bound by the terms of a treatytreaty and will and will guarantee their implementationguarantee their implementation to its people In ratifying to its people In ratifying an instrument a State recognises the international law and accepts an an instrument a State recognises the international law and accepts an obligation to respect protect promote and fulfil the rights in a treaty The obligation to respect protect promote and fulfil the rights in a treaty The duty to respect a right requires the State to refrain from carrying out any duty to respect a right requires the State to refrain from carrying out any actions which violate it The duty to protect requires action by the State to actions which violate it The duty to protect requires action by the State to prevent violation by others The duty to promote means a State should prevent violation by others The duty to promote means a State should raise awareness of the right The duty to fulfil requires the State to take raise awareness of the right The duty to fulfil requires the State to take steps to ensure the full realisation of the right steps to ensure the full realisation of the right

INTERNATIONALCOVENANT ON

ECONOMIC SOCIAL ANDCULTURAL RIGHTS (149)


CIVIL AND POLIT ICALRIGHTS (152)

INTERNATIONAL BILLOF HUMAN RIGHTS

INTERNATIONAL CONVENTION ONTHE ELIMINATION OF ALL FORMS OF

RACIAL D ISCRIMINATION (169)

CONVENTION ON THE ELIMINATIONOF ALL FORMS OF DISCRIMINATION

AGAINST W OMEN (177)

CONVENTION AGAINST TORTUREAND OTHER CRUEL INHUMAN OR DEGRADING

TREATMENT OR PUNISHEMENT (136)

CONVENTION ON THE RIGHTS OF THE CHILD (192)

UNIVERSAL DECLARATIONOF HUMAN RIGHTS (1948)

[UNGA RESOLUTION]

CIVIL AND POLITICAL CIVIL AND POLITICAL RIGHTSRIGHTS

(1) PROTECTION OF RIGHT TO LIFE AND PERSONAL LIBERTY(1) PROTECTION OF RIGHT TO LIFE AND PERSONAL LIBERTY (2) RIGHT TO PRIVACY(2) RIGHT TO PRIVACY (3) RIGHT TO OWN PROPERTY(3) RIGHT TO OWN PROPERTY (4) FREEDOM FROM TORTURE(4) FREEDOM FROM TORTURE (5) INHUMAN AND DEGRADING TREATMENT(5) INHUMAN AND DEGRADING TREATMENT (6) FREEDOM OF THOUGHT(6) FREEDOM OF THOUGHT (7) CONSCIENCE AND RELIGION(7) CONSCIENCE AND RELIGION (8) FREEDOM OF MOVEMENT(8) FREEDOM OF MOVEMENT (9) RIGHT OF SELF-DETERMINATION (freely determine their political status and (9) RIGHT OF SELF-DETERMINATION (freely determine their political status and

freely pursue their economic social and cultural development)freely pursue their economic social and cultural development) (10) GENDER EQUALITY(10) GENDER EQUALITY (11) No one shall be subjected to torture or to cruel inhuman or degrading treatment (11) No one shall be subjected to torture or to cruel inhuman or degrading treatment

or punishmentor punishment (12) slavery forced or compulsory labour PROHIBITED(12) slavery forced or compulsory labour PROHIBITED (13) No one shall be imprisoned merely on the ground of inability to fulfil a (13) No one shall be imprisoned merely on the ground of inability to fulfil a

contractual obligation contractual obligation (14) Right to vote (Adult Suffrage)(14) Right to vote (Adult Suffrage)

Economic Social and Cultural Economic Social and Cultural Rights Rights

(1) RIGHT OF SELF-DETERMINATION(1) RIGHT OF SELF-DETERMINATION (2) NO DISCRIMINATION(2) NO DISCRIMINATION (3) equal right of men and women (3) equal right of men and women (4) the right of everyone to the opportunity to gain his living by work which (4) the right of everyone to the opportunity to gain his living by work which

he freely chooses or accepts he freely chooses or accepts (5) enjoyment of just and favourable conditions of work (5) enjoyment of just and favourable conditions of work (6) The right of everyone to form trade unions and join the trade union of (6) The right of everyone to form trade unions and join the trade union of

his choice his choice (7) right of everyone to social security including social insurance(7) right of everyone to social security including social insurance (8) adequate standard of living (8) adequate standard of living (9) highest attainable standard of physical and mental health (9) highest attainable standard of physical and mental health (10) right of everyone to education (10) right of everyone to education (11) All reports shall be submitted to the Secretary-General of the United (11) All reports shall be submitted to the Secretary-General of the United

Nations who shall transmit copies to the Economic and Social Council for Nations who shall transmit copies to the Economic and Social Council for consideration in accordance with the provisions of the present Covenant consideration in accordance with the provisions of the present Covenant

LIMITATIONS ON ICCPRLIMITATIONS ON ICCPR Civil and political rights are considered to be Civil and political rights are considered to be absoluteabsolute and to take effect and to take effect

as soon as a State ratifies the Covenant The rights apply equally and as soon as a State ratifies the Covenant The rights apply equally and without discrimination The obligations to ensure equality and non-without discrimination The obligations to ensure equality and non-discrimination are described as non-derogable That is once a State discrimination are described as non-derogable That is once a State ratifies the covenant it cannot deviate from them under any ratifies the covenant it cannot deviate from them under any circumstancescircumstances

The obligations under the ICCPR can be limited in two ways onlyThe obligations under the ICCPR can be limited in two ways only Article 4 permits temporary derogation in situations of Article 4 permits temporary derogation in situations of public public

emergency that threaten the life of the nationemergency that threaten the life of the nation Such limitations are Such limitations are permitted only lsquoto the extent strictly required by the exigencies of the permitted only lsquoto the extent strictly required by the exigencies of the situationrsquo For example in some closely defined circumstances Article situationrsquo For example in some closely defined circumstances Article 9 relating to arrest and detention may not apply 9 relating to arrest and detention may not apply

Some of the articles include limitation clauses For example Article 19 Some of the articles include limitation clauses For example Article 19 (which relates to freedom of expression) allows legal restrictions if they (which relates to freedom of expression) allows legal restrictions if they are to protect the rights or reputations of others in situations of public are to protect the rights or reputations of others in situations of public emergency and if they are prescribed by law emergency and if they are prescribed by law

The relationship between civil and The relationship between civil and political rights and economic social political rights and economic social

and cultural rights and cultural rights The 1993 Vienna World Conference reaffirmed that human rights are The 1993 Vienna World Conference reaffirmed that human rights are

indivisible and interrelated In other words no right is superior to another indivisible and interrelated In other words no right is superior to another and different rights should not be considered in isolation since the and different rights should not be considered in isolation since the enjoyment of one will often depend on the realisation of another enjoyment of one will often depend on the realisation of another

Originally it was intended that a single treaty would address both social Originally it was intended that a single treaty would address both social and economic and civil and political rights Two separate treaties were and economic and civil and political rights Two separate treaties were eventually developed because eventually developed because

(1) civil and political rights were considered to be (1) civil and political rights were considered to be enforceableenforceable or or justiciable while economic social and cultural rights were notjusticiable while economic social and cultural rights were not

(2) civil and political rights were thought to be (2) civil and political rights were thought to be immediately applicableimmediately applicable while social and economic rights could only be implemented progressivelywhile social and economic rights could only be implemented progressively

(3) generally speaking civil and political rights were considered to be (3) generally speaking civil and political rights were considered to be rights of the individual lsquoagainstrsquo the State (that is against unlawful and rights of the individual lsquoagainstrsquo the State (that is against unlawful and unjust action of the State) while social and economic rights were rights unjust action of the State) while social and economic rights were rights that the State would have to take positive action to promote (United that the State would have to take positive action to promote (United Nations 1955) Nations 1955)

Human Rights Committee under Human Rights Committee under ICCPRICCPR

Article 28 says that there shall be established a Human Rights Article 28 says that there shall be established a Human Rights Committee It shall consist of Committee It shall consist of eighteen memberseighteen members and shall carry out and shall carry out the functions hereinafter provided The Committee shall be the functions hereinafter provided The Committee shall be composed of composed of nationals of the States Partiesnationals of the States Parties to the present Covenant to the present Covenant who shall be who shall be persons of high moral character and recognized persons of high moral character and recognized competence in the field of human rightscompetence in the field of human rights consideration being given consideration being given to the usefulness of the participation of some persons having legal to the usefulness of the participation of some persons having legal experience experience

Article 29 The members of the Committee shall be elected by Article 29 The members of the Committee shall be elected by secret ballotsecret ballot from a list of persons possessing the qualifications from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States prescribed in article 28 and nominated for the purpose by the States Parties to the present CovenantParties to the present Covenant

Each State PartyEach State Party to the present Covenant to the present Covenant may nominate not more may nominate not more than two personsthan two persons These persons shall be These persons shall be nationalsnationals of the of the nominating State nominating State

A person shall be A person shall be eligible for renominationeligible for renomination

Human Rights Committee under Human Rights Committee under ICCPR continuedhellipICCPR continuedhellip

Article 30 At least four months before the date of each election to the Article 30 At least four months before the date of each election to the Committee other than an election to fill a vacancy the Committee other than an election to fill a vacancy the Secretary-Secretary-GeneralGeneral of the United Nations shall address a of the United Nations shall address a written invitation to the written invitation to the States PartiesStates Parties to the present Covenant to the present Covenant to submit their nominations for to submit their nominations for membership of the Committee within three months membership of the Committee within three months

The The Secretary-GeneralSecretary-General of the United Nations shall of the United Nations shall prepare a listprepare a list in in alphabetical order of all the persons thus nominated with an alphabetical order of all the persons thus nominated with an indication of the States Parties which have nominated them and shall indication of the States Parties which have nominated them and shall submit it to the States Parties to the present Covenant no later than submit it to the States Parties to the present Covenant no later than one month before the date of each election one month before the date of each election

Elections of the members of the Committee shall be held at a meeting Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the of the States Parties to the present Covenant convened by the Secretary General of the United Nations at the Headquarters of the Secretary General of the United Nations at the Headquarters of the United Nations United Nations

Article 32 The members of the Committee shall be elected for a term Article 32 The members of the Committee shall be elected for a term of four years They shall be eligible for re-election if renominated of four years They shall be eligible for re-election if renominated


Article 33 If in the unanimous opinion of the other members a Article 33 If in the unanimous opinion of the other members a member of the Committee has ceased to carry out his functionsmember of the Committee has ceased to carry out his functions for for any cause other than absence of a temporary character the Chairman any cause other than absence of a temporary character the Chairman of the Committee shall notify the Secretary-General of the United of the Committee shall notify the Secretary-General of the United Nations who shall then declare the seat of that member to be vacant Nations who shall then declare the seat of that member to be vacant

In the event of the death or the resignation of a member of the In the event of the death or the resignation of a member of the Committee the Chairman shall immediately notify the Secretary-Committee the Chairman shall immediately notify the Secretary-General of the United Nations who shall declare the seat vacant from General of the United Nations who shall declare the seat vacant from the date of death or the date on which the resignation takes effect the date of death or the date on which the resignation takes effect

Article 34 fill the vacancyArticle 34 fill the vacancy Article 35 The members of the Committee shall with the approval of Article 35 The members of the Committee shall with the approval of

the General Assembly of the United Nations receive the General Assembly of the United Nations receive emolumentsemoluments from United Nations resources on such terms and conditions as the from United Nations resources on such terms and conditions as the General Assembly may decide having regard to the importance of General Assembly may decide having regard to the importance of the Committees responsibilities the Committees responsibilities


Article 36 The Secretary-General of the United Nations shall Article 36 The Secretary-General of the United Nations shall provide the provide the necessary staffnecessary staff and facilities for the effective and facilities for the effective performance of the functions of the Committee under the present performance of the functions of the Committee under the present Covenant Covenant

Article 37 The Secretary-General of the United Nations shall Article 37 The Secretary-General of the United Nations shall convene the initial convene the initial meetingmeeting of the Committee at the of the Committee at the Headquarters of the United Nations After its initial meeting the Headquarters of the United Nations After its initial meeting the Committee shall meet at such times as shall be provided in its Committee shall meet at such times as shall be provided in its rules of procedure The Committee shall normally meet at the rules of procedure The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Headquarters of the United Nations or at the United Nations Office at Geneva Office at Geneva

Article 38 Every member of the Committee shall before taking Article 38 Every member of the Committee shall before taking up his duties make a up his duties make a solemn declaration in open committeesolemn declaration in open committee that that he will perform his functions impartially and conscientiously he will perform his functions impartially and conscientiously


Article 39 The Committee shall Article 39 The Committee shall establish its own rules of procedureestablish its own rules of procedure but these but these rules shall provide that (a) Twelve members shall constitute a quorum (b) rules shall provide that (a) Twelve members shall constitute a quorum (b) Decisions of the Committee shall be made by a majority vote of the members Decisions of the Committee shall be made by a majority vote of the members present present

Article 40 The Article 40 The States PartiesStates Parties to the present Covenant undertake to the present Covenant undertake to submit reports to submit reports on the measures they have adopted which give effect to the rights on the measures they have adopted which give effect to the rights recognized recognized herein and on the progress made in the enjoyment of those rights (a) herein and on the progress made in the enjoyment of those rights (a) Within one Within one yearyear of the entry into force of the present Covenant for the States Parties of the entry into force of the present Covenant for the States Parties concerned (b) Thereafter whenever the Committee so requests concerned (b) Thereafter whenever the Committee so requests

All All reports shall be submitted to the Secretary-Generalreports shall be submitted to the Secretary-General of the United Nations who of the United Nations who shall transmit them to the Committee for consideration Reports shall indicate shall transmit them to the Committee for consideration Reports shall indicate the the factors and difficultiesfactors and difficulties if any affecting the implementation of the present if any affecting the implementation of the present Covenant Covenant The Secretary-GeneralThe Secretary-General of the United Nations may after consultation of the United Nations may after consultation with the Committee with the Committee transmit to the specialized agencies concerned copiestransmit to the specialized agencies concerned copies of such of such parts of the reports as may fall within their field of competence parts of the reports as may fall within their field of competence

The Committee shall The Committee shall study the reportsstudy the reports submitted by the States Parties to the submitted by the States Parties to the present Covenant It shall transmit its reports and such general comments as it may present Covenant It shall transmit its reports and such general comments as it may consider appropriate to the States Parties The Committee may also transmit to the consider appropriate to the States Parties The Committee may also transmit to the Economic and Social CouncilEconomic and Social Council these comments along with the copies of the reports these comments along with the copies of the reports it has received from States Parties to the present Covenant it has received from States Parties to the present Covenant


Article 41 A State Party to the present Covenant may at any time declare under this article that Article 41 A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the it recognizes the competence of the Committee to receive and consider communications to the effect that effect that a State Party claims that another State Party is not fulfilling its obligations under the a State Party claims that another State Party is not fulfilling its obligations under the present Covenantpresent Covenant Communications under this article may be received and considered only if Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee No communication shall be received by the Committee if it competence of the Committee No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration Communications received under concerns a State Party which has not made such a declaration Communications received under this article shall be dealt with in accordance with the following procedure this article shall be dealt with in accordance with the following procedure

(a) If a State Party to the present Covenant considers that another State Party is not giving (a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant it may by written communication bring the effect to the provisions of the present Covenant it may by written communication bring the matter to the attention of that State Party matter to the attention of that State Party Within three months after the receipt of the Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an communication the receiving State shall afford the State which sent the communication an explanation or any other statement in writing clarifying the matter which should include to the explanation or any other statement in writing clarifying the matter which should include to the extent possible and pertinent reference to domestic procedures and remedies taken pending or extent possible and pertinent reference to domestic procedures and remedies taken pending or available in the matteravailable in the matter

(b) If the (b) If the matter is not adjustedmatter is not adjusted to the satisfaction of both States Parties concerned to the satisfaction of both States Parties concerned within six within six monthsmonths after the receipt by the receiving State of the initial communication after the receipt by the receiving State of the initial communication either State shall either State shall have the right to refer the matter to the Committeehave the right to refer the matter to the Committee by notice given to the Committee and to the by notice given to the Committee and to the other State other State

(c) The Committee shall deal with a matter referred to it only after it has ascertained that (c) The Committee shall deal with a matter referred to it only after it has ascertained that all all available domestic remedies have been invoked and exhausted available domestic remedies have been invoked and exhausted in the matter in conformity in the matter in conformity with the generally recognized principles of international law This shall not be the rule where with the generally recognized principles of international law This shall not be the rule where the application of the remedies is unreasonably prolonged the application of the remedies is unreasonably prolonged

Human Rights Committee under Human Rights Committee under ICCPR continuedhellipArticle 41ICCPR continuedhellipArticle 41

The Committee shall make available its The Committee shall make available its good officesgood offices to the States Parties to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present for human rights and fundamental freedoms as recognized in the present Covenant Covenant

In any matter referred to it the In any matter referred to it the Committee may call upon the States PartiesCommittee may call upon the States Parties concerned concerned to supply any relevant informationto supply any relevant information

The States Parties The States Parties concerned shall have the concerned shall have the right to be representedright to be represented when the when the matter is being considered in the Committee and to make submissions orally matter is being considered in the Committee and to make submissions orally andor in writing andor in writing

(h) The (h) The Committee shallCommittee shall within twelve months within twelve months submit a reportsubmit a report (i) If a (i) If a solution is reachedsolution is reached the Committee shall confine its report to a brief the Committee shall confine its report to a brief

statement of the facts and of the solution reached statement of the facts and of the solution reached (ii) If a (ii) If a ssolutioolution is not reachedn is not reached the Committee shall confine its report to a brief the Committee shall confine its report to a brief

statement of the facts the written submissions and record of the oral statement of the facts the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the submissions made by the States Parties concerned shall be attached to the report In every matter the report shall be communicated to the States Parties report In every matter the report shall be communicated to the States Parties concerned concerned


Article 42 If a matter referred to the Committee in accordance with article 41 is not Article 42 If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned the Committee may with the resolved to the satisfaction of the States Parties concerned the Committee may with the prior consent of the States Parties concerned appoint an prior consent of the States Parties concerned appoint an ad hoc Conciliation ad hoc Conciliation CommissionCommission The The good offices of the Commissiongood offices of the Commission shall be made available to the States shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant respect for the present Covenant

The Commission shall consist of The Commission shall consist of five persons acceptable to the States Parties concernedfive persons acceptable to the States Parties concerned If the States Parties concerned If the States Parties concerned fail to reach agreement within three months on all or part fail to reach agreement within three months on all or part of the composition of the Commissionof the composition of the Commission the members of the Commission concerning the members of the Commission concerning whom no agreement has been reached shall be elected by whom no agreement has been reached shall be elected by secret ballot by a two-thirds secret ballot by a two-thirds majority vote of the Committee from among its membersmajority vote of the Committee from among its members

The members may be nationals of the States Parties concerned or of a State not Party to The members may be nationals of the States Parties concerned or of a State not Party to the present Covenant or of a State Party which has not made a declaration under article the present Covenant or of a State Party which has not made a declaration under article 41 The Commission shall elect its own Chairman and adopt its own rules of procedure41 The Commission shall elect its own Chairman and adopt its own rules of procedure

The The information received information received and collated by the Committee shall and collated by the Committee shall be made available to the be made available to the CommissionCommission and the Commission may call upon the States Parties concerned to supply and the Commission may call upon the States Parties concerned to supply any other relevant information any other relevant information

When the Commission has When the Commission has fully considered the matterfully considered the matter but in any event not later than but in any event not later than twelve months after having been seized of the matter it twelve months after having been seized of the matter it shall submit to the Chairman of shall submit to the Chairman of the Committee a report the Committee a report for communication to the States Parties concerned for communication to the States Parties concerned


(a) If the Commission is (a) If the Commission is unable to complete its consideration of the matter unable to complete its consideration of the matter within twelve monthswithin twelve months it shall confine its report to a brief statement of the it shall confine its report to a brief statement of the status of its consideration of the matter status of its consideration of the matter

(b) If an amicable (b) If an amicable solutionsolution to the matter on tie basis of respect for human to the matter on tie basis of respect for human rights as recognized in the present Covenant rights as recognized in the present Covenant is reachedis reached the Commission shall the Commission shall confine its report to a brief statement of the facts and of the solution reached confine its report to a brief statement of the facts and of the solution reached

(c) If a (c) If a solution is not reachedsolution is not reached the Commissions report shall embody its the Commissions report shall embody its findings on all questions of fact relevant to the issues between the States findings on all questions of fact relevant to the issues between the States PartiesParties concerned and its views on the concerned and its views on the possibilities of an amicable solution possibilities of an amicable solution of the matterof the matter This report shall also contain the written submissions and a This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned record of the oral submissions made by the States Parties concerned

The The States Parties concerned shall share equally all the expensesStates Parties concerned shall share equally all the expenses of the of the members of the Commission in accordance with estimates to be provided by members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations the Secretary-General of the United Nations

The Secretary-General of the United Nations shall be empowered to pay the The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission if necessary before expenses of the members of the Commission if necessary before reimbursementreimbursement by the States Parties concerned by the States Parties concerned

Human Rights CommitteehellipHuman Rights Committeehellip Article 43 The members of the Committee and of the Article 43 The members of the Committee and of the ad hoc conciliation ad hoc conciliation

commissionscommissions which may be appointed under article 42 shall be entitled to which may be appointed under article 42 shall be entitled to the the facilities privileges and immunities of expertsfacilities privileges and immunities of experts on mission for the on mission for the United Nations as laid down in the relevant sections of the Convention on United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations the Privileges and Immunities of the United Nations

Article 44 The provisions for the implementation of the present Covenant Article 44 The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having the States Parties to the present Covenant from having recourse to other recourse to other procedures for settling a dispute in accordance with general or special procedures for settling a dispute in accordance with general or special international agreements in force between them international agreements in force between them

Article 45 The Committee shall submit to the General Assembly of the Article 45 The Committee shall submit to the General Assembly of the United Nations through the Economic and Social Council an annual United Nations through the Economic and Social Council an annual report on its activities report on its activities

THE FUNDAMENTAL RIGHTS THE FUNDAMENTAL RIGHTS AS INCORPORATED IN PART III AS INCORPORATED IN PART III OF THE INDIAN CONSTITUTIONOF THE INDIAN CONSTITUTION

Articles 14-18 on Right to EqualityArticles 14-18 on Right to Equality

Articles 19-22 on Right to FreedomArticles 19-22 on Right to Freedom

Articles 23-24 on Right against ExploitationArticles 23-24 on Right against Exploitation

Articles 25-28 on Right to Freedom of ReligionArticles 25-28 on Right to Freedom of Religion

Articles 29-31 on Cultural and Educational RightsArticles 29-31 on Cultural and Educational Rights

Articles 32-35 on Right to Constitutional RemediesArticles 32-35 on Right to Constitutional Remedies

RIGHT TO EQUALITY UNDER RIGHT TO EQUALITY UNDER INDIAN CONSTITUTION INDIAN CONSTITUTION

(ARTICLES 14-18)(ARTICLES 14-18) 14 Equality before law (available to both citizens and non-14 Equality before law (available to both citizens and non-

citizens)citizens)

15 Prohibition of discrimination on grounds of religion race 15 Prohibition of discrimination on grounds of religion race caste sex or place of birth ( even laws can be made in favour of caste sex or place of birth ( even laws can be made in favour of Women children schedule caste and schedule tribes)Women children schedule caste and schedule tribes)

16 Equality of opportunity in matters of public employment 16 Equality of opportunity in matters of public employment

17 Abolition of Untouchability17 Abolition of Untouchability

18 Abolition of titles 18 Abolition of titles

HUMAN RIGHTS AND INDIAN HUMAN RIGHTS AND INDIAN CONSTITUTIONCONSTITUTION

The Preamble statesThe Preamble states

ldquo ldquo WE THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN WE THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULARSOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens DEMOCRATIC REPUBLIC and to secure to all its citizens

JUSTICE social economic and politicalJUSTICE social economic and political

LIBERTY of thought expression belief faith and worshipLIBERTY of thought expression belief faith and worship

EQUALITY of status and of opportunityEQUALITY of status and of opportunity

and to promote among them alland to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrityFRATERNITY assuring the dignity of the individual and the unity and integrity of the Nationof the Nation

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949 do HEREBY ADOPT IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949 do HEREBY ADOPT ENACT AND GIVE TO OURSELVES THIS CONSTITUTIONrdquo ENACT AND GIVE TO OURSELVES THIS CONSTITUTIONrdquo

Sankari Prasad Singh Deo v Union of India AIR 1951 SC 458 the Supreme Court observed that ldquoIf Sankari Prasad Singh Deo v Union of India AIR 1951 SC 458 the Supreme Court observed that ldquoIf fundamental rights are unamendable it will lack dynamism and will lag behind the changes in the societyfundamental rights are unamendable it will lack dynamism and will lag behind the changes in the society

In Sajjan Singh v State of Rajasthan AIR 1965 SC 845 The Supreme Court as observed that ldquothe In Sajjan Singh v State of Rajasthan AIR 1965 SC 845 The Supreme Court as observed that ldquothe fundamental rights are also subject to amendment by the Parliament and there by the Court maintained the fundamental rights are also subject to amendment by the Parliament and there by the Court maintained the dynamismrdquodynamismrdquo

Golaknath v State of Punjab AIR 1967 SC 1643 It has been observed that the Fundamental rights has Golaknath v State of Punjab AIR 1967 SC 1643 It has been observed that the Fundamental rights has been given an important position No authority including the parliament can amend the fundamental rights been given an important position No authority including the parliament can amend the fundamental rights Article 368 did not confer upon Parliament the power to amend the ConstitutionArticle 368 did not confer upon Parliament the power to amend the Constitution

Kesavananda Bharati v State of Kerala (1973) 4 SCC 225Kesavananda Bharati v State of Kerala (1973) 4 SCC 225 The amending power of the parliament is The amending power of the parliament is limited to the limit of not violating the basic structure of the Constitutionlimited to the limit of not violating the basic structure of the Constitution

Basic Features of the Constitution Basic Features of the Constitution according to the according to the Kesavanada Kesavanada

verdictverdict Sikri CJ Sikri CJ explained that the concept of basic structure includedexplained that the concept of basic structure included

bull bull supremacy of the Constitutionsupremacy of the Constitution

bull bull republican and democratic form of governmentrepublican and democratic form of government

bull bull secular character of the Constitutionsecular character of the Constitution

bull bull separation of powers between the legislature executive and the judiciaryseparation of powers between the legislature executive and the judiciary

bull bull federal character of the Constitutionfederal character of the Constitution Shelat J and Grover JShelat J and Grover J added two more basic features to this list added two more basic features to this list

bull bull the mandate to build a welfare state contained in the Directive Principles of State Policythe mandate to build a welfare state contained in the Directive Principles of State Policy

bull bull unity and integrity of the nationunity and integrity of the nation Hegde J and Mukherjea JHegde J and Mukherjea J identified a separate and shorter list of basic features identified a separate and shorter list of basic features

bull bull sovereignty of Indiasovereignty of India

bull bull democratic character of the politydemocratic character of the polity

bull bull unity of the countryunity of the country

bull bull essential features of the individual freedoms secured to the citizensessential features of the individual freedoms secured to the citizens

bull bull mandate to build a welfare statemandate to build a welfare state Jaganmohan Reddy J Jaganmohan Reddy J stated that elements of the basic features were to be found in the Preamblestated that elements of the basic features were to be found in the Preamble

bull bull sovereign democratic republicbull parliamentary democracybull three organs of the Statesovereign democratic republicbull parliamentary democracybull three organs of the State

4242NDND AMENDMENT AMENDMENT Forty-second amendment (passed in 1976 and came into effect on January 3 Forty-second amendment (passed in 1976 and came into effect on January 3

1977) Among other things the amendment1977) Among other things the amendment a) gave the Directive Principles of State Policy precedence over the a) gave the Directive Principles of State Policy precedence over the

Fundamental RightsFundamental Rights b) laid down that amendments to the Constitution made in the past or those b) laid down that amendments to the Constitution made in the past or those

likely to be made in future could not be questioned in any court on any likely to be made in future could not be questioned in any court on any groundground

c) removed all amendments to fundamental rights from the scope of judicial c) removed all amendments to fundamental rights from the scope of judicial review andreview and

d) removed all limits on Parliaments power to amend the Constitution under d) removed all limits on Parliaments power to amend the Constitution under Article 368Article 368

Minerva Mills Ltd v Union of India (1980) 3 SCC 625 They maintained that Minerva Mills Ltd v Union of India (1980) 3 SCC 625 They maintained that clauses Article 368 conferred unlimited power on Parliament to amend the clauses Article 368 conferred unlimited power on Parliament to amend the Constitution They said that this deprived courts of the ability to question the Constitution They said that this deprived courts of the ability to question the amendment even if it damaged or destroyed the Constitutions basic structureamendment even if it damaged or destroyed the Constitutions basic structure

THE UNIVERSAL THE UNIVERSAL DECLARATION OF HUMAN DECLARATION OF HUMAN

RIGHTS (ON EQUALITY)RIGHTS (ON EQUALITY) Article 1 Article 1 All human beings are born free and equal All human beings are born free and equal

in dignity and rights They are endowed with reason in dignity and rights They are endowed with reason and conscience and should act towards one another in and conscience and should act towards one another in a spirit of brotherhooda spirit of brotherhood

Article 7 Article 7 All are equal before the law and are All are equal before the law and are entitled without any discrimination to equal entitled without any discrimination to equal protection of the law All are entitled to equal protection of the law All are entitled to equal protection against any discrimination in violation of protection against any discrimination in violation of this Declaration and against any incitement to such this Declaration and against any incitement to such discriminationdiscrimination

International Covenant on Economic International Covenant on Economic Social and Cultural Rights Social and Cultural Rights

(ON EQUALITY)(ON EQUALITY) Article 2 (2) The States Parties to the present Article 2 (2) The States Parties to the present

Covenant undertake to guarantee that the rights Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised enunciated in the present Covenant will be exercised without discrimination of any kind as to race colour without discrimination of any kind as to race colour sex language religion political or other opinion sex language religion political or other opinion national or social origin property birth or other national or social origin property birth or other status status

Article 3 Article 3 The States Parties to the present Covenant The States Parties to the present Covenant undertake to ensure the equal right of men and undertake to ensure the equal right of men and women to the enjoyment of all economic social and women to the enjoyment of all economic social and cultural rights set forth in the present Covenant cultural rights set forth in the present Covenant

FUNDAMENTAL FREEDOMS FUNDAMENTAL FREEDOMS (INDIAN CONSTITUTION)(INDIAN CONSTITUTION)

Article 19 of the Indian Constitution Protection of certain rights Article 19 of the Indian Constitution Protection of certain rights regarding freedom of speech etcregarding freedom of speech etc(1) All citizens shall have the right-(1) All citizens shall have the right-(a) To freedom of speech and expression(a) To freedom of speech and expression(b) To assemble peaceably and without arms(b) To assemble peaceably and without arms(c) To form associations or unions(c) To form associations or unions(d) To move freely throughout the territory of India(d) To move freely throughout the territory of India(e) To reside and settle in any part of the territory of India and(e) To reside and settle in any part of the territory of India and(f) (f) Freedom to acquire hold and dispose of propertyFreedom to acquire hold and dispose of property (omitted by (omitted by 4444thth Amendment Act 1978 (Now under Article 300-A) Amendment Act 1978 (Now under Article 300-A)

(Article 17 (2) (UDHR)(Article 17 (2) (UDHR) (g) To practise any profession or to carry on any occupation trade (g) To practise any profession or to carry on any occupation trade

or businessor business

These freedoms are not absolute and are subject to reasonable These freedoms are not absolute and are subject to reasonable restrictionsrestrictions

reasonable restrictionsreasonable restrictions interests of interests of the sovereignty and integrity of India the sovereignty and integrity of India the security of the State the security of the State friendly relations with foreign States friendly relations with foreign States public order public order decency or decency or morality morality or in relation to contempt of court defamation or incitement to an offenceor in relation to contempt of court defamation or incitement to an offence

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes or prevent the State from making any law imposing in the interests of the general as it imposes or prevent the State from making any law imposing in the interests of the general public reasonable restrictions on the exercise of the right conferred by the said sub-clause and in public reasonable restrictions on the exercise of the right conferred by the said sub-clause and in particular particular nothing in the said sub-clause shall affect the operation of any existing law in so far as it nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to or prevent the State from making any law relating to -relates to or prevent the State from making any law relating to -

(i) The professional or technical qualifications necessary for practising any profession or carrying on (i) The professional or technical qualifications necessary for practising any profession or carrying on any occupation trade or business orany occupation trade or business or

(ii) The carrying on by the State or by a corporation owned or controlled by the State of any trade (ii) The carrying on by the State or by a corporation owned or controlled by the State of any trade business industry or service whether to the exclusion complete or partial of citizens or otherwise]business industry or service whether to the exclusion complete or partial of citizens or otherwise]

Freedom of speech and Freedom of speech and expressionexpression

Article 19 of The Universal Declaration of Human Rights Article 19 of The Universal Declaration of Human Rights Everyone has Everyone has the right to freedom of opinion and expression this right includes freedom the right to freedom of opinion and expression this right includes freedom to hold opinions without interference and to seek receive and impart to hold opinions without interference and to seek receive and impart information and ideas through any media and regardless of frontiersinformation and ideas through any media and regardless of frontiers

Article 19( ICCPR) Article 19( ICCPR) 1 Everyone shall have the right to hold opinions 1 Everyone shall have the right to hold opinions without interference without interference

2 Everyone shall have the right to freedom of expression this right shall 2 Everyone shall have the right to freedom of expression this right shall include freedom to seek receive and impart information and ideas of all include freedom to seek receive and impart information and ideas of all kinds regardless of frontiers either orally in writing or in print in the form kinds regardless of frontiers either orally in writing or in print in the form of art or through any other media of his choice of art or through any other media of his choice

3 The exercise of the rights provided for in paragraph 2 of this article 3 The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities It may therefore be subject carries with it special duties and responsibilities It may therefore be subject to certain restrictions but these shall only be such as are provided by law to certain restrictions but these shall only be such as are provided by law and are necessary and are necessary

(a) For respect of the rights or reputations of others (a) For respect of the rights or reputations of others (b) For the protection of national security or of public order (order public) (b) For the protection of national security or of public order (order public)

or of public health or morals or of public health or morals

To assemble peaceably and To assemble peaceably and without armswithout arms

Article 20 (1)Article 20 (1) of The Universal Declaration of of The Universal Declaration of Human RightsHuman Rights Everyone has the right to freedom Everyone has the right to freedom of peaceful assembly and associationof peaceful assembly and association

Article 21 Article 21 ( ICCPR) ( ICCPR) The right of peaceful The right of peaceful assembly shall be recognized No restrictions may be assembly shall be recognized No restrictions may be placed on the exercise of this right other than those placed on the exercise of this right other than those imposed in conformity with the law and which are imposed in conformity with the law and which are necessary in a democratic society in the interests of necessary in a democratic society in the interests of national security or public safety public order (order national security or public safety public order (order public) the protection of public health or morals or public) the protection of public health or morals or the protection of the rights and freedoms of others the protection of the rights and freedoms of others

Equality of opportunity in matters of Equality of opportunity in matters of public employmentpublic employment

No citizen shall on grounds only of religion race caste sex No citizen shall on grounds only of religion race caste sex descent place of birth be ineligible for or discriminated descent place of birth be ineligible for or discriminated against in respect of any employment or office under the against in respect of any employment or office under the State ((1)any requirement as to residence within that State or State ((1)any requirement as to residence within that State or Union territory prior to such employment or appointment (2) Union territory prior to such employment or appointment (2) in favour of the Scheduled Castes and the Scheduled Tribes in favour of the Scheduled Castes and the Scheduled Tribes which in the opinion of the State are not adequately which in the opinion of the State are not adequately represented in the services under the State) (Article 16 of the represented in the services under the State) (Article 16 of the Indian Constitution)Indian Constitution)

Article 21 (2) Everyone has the right of equal access to public Article 21 (2) Everyone has the right of equal access to public service in his country (UDHR) service in his country (UDHR)

To form associations or To form associations or unionsunions

Article 23 (4) Article 23 (4) of The Universal Declaration of of The Universal Declaration of Human RightsHuman Rights Everyone has the right to form and to join Everyone has the right to form and to join trade unions for the protection of his intereststrade unions for the protection of his interests

Article 22 Article 22 ( ICCPR)( ICCPR) Everyone shall have the right to Everyone shall have the right to freedom of association with others including the right to form freedom of association with others including the right to form and join trade unions for the protection of his interests and join trade unions for the protection of his interests (Subject to restrictions)(Subject to restrictions)

Article 8 (ICESCR)Article 8 (ICESCR) The States Parties to the present The States Parties to the present Covenant undertake to ensure the right of everyone to form Covenant undertake to ensure the right of everyone to form trade unions and join the trade union of his choice subject trade unions and join the trade union of his choice subject only to the rules of the organization concerned for the only to the rules of the organization concerned for the promotion and protection of his economic and social promotion and protection of his economic and social interestshellipinterestshellip

To move freely and to reside and settle in To move freely and to reside and settle in any part of the territory concernedany part of the territory concerned

Article 12 ( ICCPR)Article 12 ( ICCPR) 1 Everyone lawfully within the territory of a State shall 1 Everyone lawfully within the territory of a State shall

within that territory have the right to liberty of movement and within that territory have the right to liberty of movement and freedom to choose his residence freedom to choose his residence

2 Everyone shall be free to leave any country including his 2 Everyone shall be free to leave any country including his own own

3 The above-mentioned rights shall not be subject to any 3 The above-mentioned rights shall not be subject to any restrictions except those which are provided by law are restrictions except those which are provided by law are necessary to protect national security public order (order necessary to protect national security public order (order public) public health or morals or the rights and freedoms of public) public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in others and are consistent with the other rights recognized in the present Covenant the present Covenant

4 No one shall be arbitrarily deprived of the right to enter his 4 No one shall be arbitrarily deprived of the right to enter his own countryown country

PROHIBITION OF PROHIBITION OF DISCRIMINATIONDISCRIMINATION

Article 15 Prohibition of discrimination on grounds of Article 15 Prohibition of discrimination on grounds of religion race caste sex or place of birth Article 17 Abolition religion race caste sex or place of birth Article 17 Abolition of Untouchablity of Untouchablity (Indian Constitution)(Indian Constitution)

Article 2 Everyone is entitled to all the rights and freedoms Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration without distinction of any kind set forth in this Declaration without distinction of any kind such as race colour sex language religion political or other such as race colour sex language religion political or other opinion national or social origin property birth or other opinion national or social origin property birth or other status Furthermore no distinction shall be made on the basis status Furthermore no distinction shall be made on the basis of the political jurisdictional or international status of the of the political jurisdictional or international status of the country or territory to which a person belongs whether it be country or territory to which a person belongs whether it be independent trust non-self-governing or under any other independent trust non-self-governing or under any other limitation of sovereignty limitation of sovereignty (UDHR)(UDHR)


Article 2 (Article 2 (1) Each State Party to the present Covenant 1) Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in territory and subject to its jurisdiction the rights recognized in the present Covenant without distinction of any kind such as the present Covenant without distinction of any kind such as race colour sex language religion political or other opinion race colour sex language religion political or other opinion national or social origin property birth or other status national or social origin property birth or other status (ICCPR)(ICCPR)

Article 2 (2) The States Parties to the present Covenant Article 2 (2) The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind Covenant will be exercised without discrimination of any kind as to race colour sex language religion political or other as to race colour sex language religion political or other opinion national or social origin property birth or other opinion national or social origin property birth or other (ICESCR)(ICESCR)

PROTECTION AGAINST EX-PROTECTION AGAINST EX-POST FACTO LAWPOST FACTO LAW It simply means that you can not make the criminal laws with retrospective effect that It simply means that you can not make the criminal laws with retrospective effect that

is to say that an accused person is to be prosecuted and punished according to the law is to say that an accused person is to be prosecuted and punished according to the law already in force at the time of the commission of the offence You simply can not already in force at the time of the commission of the offence You simply can not make a criminal law and prosecute a person who earlier committed some thing which make a criminal law and prosecute a person who earlier committed some thing which can not be called as an offence at that very point of time Further that person is not can not be called as an offence at that very point of time Further that person is not subjected to a penalty greater than that which might have been inflicted under the law subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offencein force at the time of the commission of the offence

Article 20 (1) of the Indian Constitution says that no person shall be convicted of any Article 20 (1) of the Indian Constitution says that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act offence except for violation of a law in force at the time of the commission of the Act charged as an offence nor be subjected to a penalty greater than that which might charged as an offence nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the have been inflicted under the law in force at the time of the commission of the offenceoffence

Article 11 (2) (UDHR) 2) No one shall be held guilty of any penal offence on account Article 11 (2) (UDHR) 2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence under national or of any act or omission which did not constitute a penal offence under national or international law at the time when it was committed Nor shall a heavier penalty be international law at the time when it was committed Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed imposed than the one that was applicable at the time the penal offence was committed

PROTECTION AGAINST EX-PROTECTION AGAINST EX-POST FACTO LAWPOST FACTO LAW

Article 15 (Article 15 (1) (ICCPR) No one shall be held guilty 1) (ICCPR) No one shall be held guilty of any criminal offence on account of any act or of any criminal offence on account of any act or omission which did not constitute a criminal offence omission which did not constitute a criminal offence under national or international law at the time when under national or international law at the time when it was committed Nor shall a heavier penalty be it was committed Nor shall a heavier penalty be imposed than the one that was applicable at the time imposed than the one that was applicable at the time when the criminal offence was committed If when the criminal offence was committed If subsequent to the commission of the offence subsequent to the commission of the offence provision is made by law for the imposition of the provision is made by law for the imposition of the lighter penalty the offender shall benefit therebylighter penalty the offender shall benefit thereby

Protection of life and personal Protection of life and personal liberty liberty

Article 21 of the Indian Constitution deals with protection of life Article 21 of the Indian Constitution deals with protection of life and personal liberty It says that no person shall be deprived of his and personal liberty It says that no person shall be deprived of his life or personal liberty except according to procedure established life or personal liberty except according to procedure established by law by law

Article 3 (UDHR) Everyone has the right to life liberty and Article 3 (UDHR) Everyone has the right to life liberty and security of personsecurity of person

Article 6 (1) (ICCPR) Every human being has the inherent right Article 6 (1) (ICCPR) Every human being has the inherent right to life This right shall be protected by law No one shall be to life This right shall be protected by law No one shall be arbitrarily deprived of his life In countries which have not arbitrarily deprived of his life In countries which have not abolished the death penalty sentence of death may be imposed abolished the death penalty sentence of death may be imposed only for the most serious crimes in accordance with the law in only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide This on the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out pursuant to a final judgement penalty can only be carried out pursuant to a final judgement rendered by a competent courthelliprendered by a competent courthellip

Protection of life and personal Protection of life and personal liberty under Indian Constitutionliberty under Indian Constitution

A K Gopalan v State of MadrasA K Gopalan v State of Madras AIR 1950 SC 27 the Supreme Court had given a literal and narrow interpretation AIR 1950 SC 27 the Supreme Court had given a literal and narrow interpretation to article 21 and refused to infuse the procedure with the principles of natural justice Three decades later this view to article 21 and refused to infuse the procedure with the principles of natural justice Three decades later this view was overruled and it was held that the procedure contemplated under article 21 must answer the test of was overruled and it was held that the procedure contemplated under article 21 must answer the test of reasonableness reasonableness

Maneka Gandhi v Union of IndiaManeka Gandhi v Union of India (1978) 1 SCC 248 Such a procedure should be in conformity with the (1978) 1 SCC 248 Such a procedure should be in conformity with the principles of natural justice This is an example of the expansive interpretation of the fundamental rightprinciples of natural justice This is an example of the expansive interpretation of the fundamental right

Olga Tellis v Bombay Municipal Corporation Olga Tellis v Bombay Municipal Corporation AIR 1986 SC 180 it was held that the sweep of the right to life AIR 1986 SC 180 it was held that the sweep of the right to life conferred by article 21 is wide and far-reaching It does not mean merely that life cannot be extinguished or taken conferred by article 21 is wide and far-reaching It does not mean merely that life cannot be extinguished or taken away as for example by the imposition and execution of the death sentence except according to procedure away as for example by the imposition and execution of the death sentence except according to procedure established by law That is but one aspect of the right to life An equally important facet of that right is the right to established by law That is but one aspect of the right to life An equally important facet of that right is the right to livelihood because no person can live without the means of living that is the means of livelihood If the right to livelihood because no person can live without the means of living that is the means of livelihood If the right to livelihood is not treated as a part of the constitutional right to life the easiest way of depriving a person of his right to livelihood is not treated as a part of the constitutional right to life the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation That which alone makes it life would be to deprive him of his means of livelihood to the point of abrogation That which alone makes it possible to live leave aside what makes life livable must be deemed to be an integral component of the right to lifepossible to live leave aside what makes life livable must be deemed to be an integral component of the right to life

Satwant Singh v Passport OfficerSatwant Singh v Passport Officer [1967]3 SCR 525 The expression ldquopersonal libertyrdquo in article 21 is of the [1967]3 SCR 525 The expression ldquopersonal libertyrdquo in article 21 is of the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some of them widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under article 19 of the have been raised to the status of distinct fundamental rights and given additional protection under article 19 of the Constitution The said expression includes the right to go abroad and no person can be deprived of this right except Constitution The said expression includes the right to go abroad and no person can be deprived of this right except according to the procedure prescribed by lawaccording to the procedure prescribed by law

Prem Shankar Shukla v Delhi AdministrationPrem Shankar Shukla v Delhi Administration (1980) 3 SCC 526 (1980) 3 SCC 526 Unnecessary handcuffing of under-trial Unnecessary handcuffing of under-trial prisoners would be against article 21prisoners would be against article 21

Sheela Barse v Union of IndiaSheela Barse v Union of India AIR 1986 SC 1773 the Supreme Court deprecated detention of children in jails AIR 1986 SC 1773 the Supreme Court deprecated detention of children in jails

CASESCASES Malak Singh v State of Punjab Malak Singh v State of Punjab (1981) 1 SCC 420 the Supreme Court held that the right to privacy is (1981) 1 SCC 420 the Supreme Court held that the right to privacy is

implicit in article 21 It has been held that surveillance if intrusive so seriously encroaches on the privacy of a implicit in article 21 It has been held that surveillance if intrusive so seriously encroaches on the privacy of a citizen as to infringe his fundamental right to personal liberty guaranteed by article 21 and the freedom of citizen as to infringe his fundamental right to personal liberty guaranteed by article 21 and the freedom of movement guaranteed by article 19(1) (d) Surveillance must be to prevent crime The right to privacy in terms of movement guaranteed by article 19(1) (d) Surveillance must be to prevent crime The right to privacy in terms of article 21 has been discussed in various other casesarticle 21 has been discussed in various other cases

Mr ldquoXrdquo v Hospital ldquoZrdquo Mr ldquoXrdquo v Hospital ldquoZrdquo (2003) 1 SCC 500 the Supreme Court held that disclosure by the hospital or the (2003) 1 SCC 500 the Supreme Court held that disclosure by the hospital or the doctor concerned to the persons related to the girl who intended to marry of information that her fianceacutee had been doctor concerned to the persons related to the girl who intended to marry of information that her fianceacutee had been suffering from HIV (+) did not involve violation of article 21 in the context of his right to privacy Right to suffering from HIV (+) did not involve violation of article 21 in the context of his right to privacy Right to privacy is not absoluteprivacy is not absolute

Murli S Deora v Union of India Murli S Deora v Union of India (2001) 8 SCC 765 the Supreme Court after considering the harmful (2001) 8 SCC 765 the Supreme Court after considering the harmful effects that smoking has on non-smokers gave directions to ban smoking in public places namely (1) effects that smoking has on non-smokers gave directions to ban smoking in public places namely (1) auditoriums (2) hospital buildings (3) health institutions (4) educational institutions (5) libraries (6) court auditoriums (2) hospital buildings (3) health institutions (4) educational institutions (5) libraries (6) court buildings (7) public offices and (8) public conveyances including railways The language used gives the buildings (7) public offices and (8) public conveyances including railways The language used gives the impression that the list of places is exhaustive Airports for example are not included although they are impression that the list of places is exhaustive Airports for example are not included although they are impliedly includedimpliedly included

Bandhua Mukti Morcha v Union of India Bandhua Mukti Morcha v Union of India (1984) 3 SCC 161 the Supreme Court held that the writ (1984) 3 SCC 161 the Supreme Court held that the writ petition under article 32 by way of public interest litigation by a public-spirited organization on behalf of persons petition under article 32 by way of public interest litigation by a public-spirited organization on behalf of persons belonging to socially and economically weaker sections violation of their human rights on being forced to serve as belonging to socially and economically weaker sections violation of their human rights on being forced to serve as bonded labourers was maintainable According to the Court a public interest litigation is not in the nature of an bonded labourers was maintainable According to the Court a public interest litigation is not in the nature of an adversary litigation but it is a challenge and an opportunity to the government and its officers to make basic adversary litigation but it is a challenge and an opportunity to the government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the community and to assure them social and human rights meaningful to the deprived and vulnerable sections of the community and to assure them social and economic justice which is the signature tune of our Constitution Certain directions were given by the Court to the economic justice which is the signature tune of our Constitution Certain directions were given by the Court to the governments and other authorities with a view to improve the life conditions of the poor workers of the stone governments and other authorities with a view to improve the life conditions of the poor workers of the stone quarries and ensure social justice to them so that they may be able to breathe the fresh air of social and economicquarries and ensure social justice to them so that they may be able to breathe the fresh air of social and economic

CASESCASES Veena Sethy v State of Bihar Veena Sethy v State of Bihar (1982) 2 SCC 583(1982) 2 SCC 583 the Supreme Court was considering the Supreme Court was considering

the cases of mentally sick prisoners languishing in jail for nearly two or three decades Some of the cases of mentally sick prisoners languishing in jail for nearly two or three decades Some of them were acquitted being of unsound mind Some under-trial prisoners of unsound mind them were acquitted being of unsound mind Some under-trial prisoners of unsound mind regained sanity long before but no steps were taken to commence proceedings against them In regained sanity long before but no steps were taken to commence proceedings against them In view of the inordinately long incarceration already suffered by them without justification the view of the inordinately long incarceration already suffered by them without justification the Supreme Court ordered all of them to be released forthwith by providing necessary funds for Supreme Court ordered all of them to be released forthwith by providing necessary funds for meeting expenses of their journey to their respective native places as also for maintenance for a meeting expenses of their journey to their respective native places as also for maintenance for a period of one week The above case was filed by way of public interest litigation by the Free period of one week The above case was filed by way of public interest litigation by the Free Legal Aid Committee Bihar by addressing a letter to a Judge of the Supreme Court drawing Legal Aid Committee Bihar by addressing a letter to a Judge of the Supreme Court drawing the Courtrsquos attention to unjustified and illegal detention of certain prisoners in the Central Jail the Courtrsquos attention to unjustified and illegal detention of certain prisoners in the Central Jail Hazaribagh for almost two or three decades Treating this letter as a writ petition the Supreme Hazaribagh for almost two or three decades Treating this letter as a writ petition the Supreme Court issued notice to the State of Bihar for the purpose of ascertaining facts and after giving Court issued notice to the State of Bihar for the purpose of ascertaining facts and after giving opportunity to the State to file the counter affidavit the Supreme Court held that if the poor are opportunity to the State to file the counter affidavit the Supreme Court held that if the poor are allowed to languish in jails without the slightest justification the rule of law would become allowed to languish in jails without the slightest justification the rule of law would become meaningless for the rule of law does not exist merely for those who have the means to fight for meaningless for the rule of law does not exist merely for those who have the means to fight for their rights and very often for perpetuation of the status quo which protects and preserves their their rights and very often for perpetuation of the status quo which protects and preserves their dominance and permits them to exploit large sections of the community but it exists also for the dominance and permits them to exploit large sections of the community but it exists also for the poor and the down-trodden the ignorant and the illiterate who constitute the large bulk of poor and the down-trodden the ignorant and the illiterate who constitute the large bulk of humanity in this country The Supreme Court thus held that it is the solemn duty of the Court to humanity in this country The Supreme Court thus held that it is the solemn duty of the Court to protect and uphold the basic human rights of the weaker sections of the societyprotect and uphold the basic human rights of the weaker sections of the society

Trafficking in human beingsTrafficking in human beings

Article 23 (Indian Constitution)Article 23 (Indian Constitution) Prohibition of Prohibition of traffic in human beings and forced labourtraffic in human beings and forced labour

No one shall be held in slavery or servitude slavery No one shall be held in slavery or servitude slavery and the slave trade shall be prohibited in all their and the slave trade shall be prohibited in all their forms forms Article 4 (UDHR)Article 4 (UDHR)

Article 8 ( ICCPR)Article 8 ( ICCPR) No one shall be held in slavery No one shall be held in slavery slavery and the slave-trade in all their forms shall be slavery and the slave-trade in all their forms shall be prohibited prohibited

INDIAN CONSTITUTION (ON INDIAN CONSTITUTION (ON RELIGION ARTICLES 25-28)RELIGION ARTICLES 25-28)

25 25 Freedom of conscience and free profession practice and propagation of Freedom of conscience and free profession practice and propagation of religionreligion(1) Subject to public order morality and health and to the other provisions of this (1) Subject to public order morality and health and to the other provisions of this Part all persons are equally entitled to freedom of conscience and the right freely Part all persons are equally entitled to freedom of conscience and the right freely to profess practise and propagate religionto profess practise and propagate religion

(2) Nothing in this article shall affect the operation of any existing law or prevent (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law- (a) Regulating or restricting any economic the State from making any law- (a) Regulating or restricting any economic financial political or other secular activity which may be associated with religious financial political or other secular activity which may be associated with religious practice (b) Providing for social welfare and reform or the throwing open of Hindu practice (b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindusreligious institutions of a public character to all classes and sections of Hindus

26 Freedom to manage religious affairs26 Freedom to manage religious affairsSubject to public order morality and health every religious denomination or any Subject to public order morality and health every religious denomination or any section thereof shall have the right-(a) To establish and maintain institutions for section thereof shall have the right-(a) To establish and maintain institutions for religious and charitable purposes (b) To manage its own affairs in matters of religious and charitable purposes (b) To manage its own affairs in matters of religion (c) To own and acquire movable and immovable property and (d) To religion (c) To own and acquire movable and immovable property and (d) To administer such property in accordance with lawadminister such property in accordance with law

INDIAN CONSTITUTION INDIAN CONSTITUTION (ARTICLE 25-28) CONTINUEDhellip(ARTICLE 25-28) CONTINUEDhellip

27 Freedom as to payment of taxes for promotion 27 Freedom as to payment of taxes for promotion of any particular religion Noof any particular religion No person shall be person shall be compelled to pay any taxes the proceeds of which are compelled to pay any taxes the proceeds of which are specifically appropriated in payment of expenses for specifically appropriated in payment of expenses for the promotion or maintenance of any particular the promotion or maintenance of any particular religion or religious denominationreligion or religious denomination

28 Freedom as to attendance at religious 28 Freedom as to attendance at religious instruction or religious worship in certain instruction or religious worship in certain educational institutionseducational institutions


RIGHTS (ON RELIGION)RIGHTS (ON RELIGION) Article 18Article 18

Everyone has the right to freedom of thought Everyone has the right to freedom of thought conscience and religion this right includes conscience and religion this right includes freedom to change his religion or belief and freedom to change his religion or belief and freedom either alone or in community with freedom either alone or in community with others and in public or private to manifest his others and in public or private to manifest his religion or belief in teaching practice worship religion or belief in teaching practice worship and observanceand observance

International Covenant on Civil and International Covenant on Civil and Political Rights 1966 Political Rights 1966 ( Article On Religion) ( Article On Religion)

Article 18Article 18 1 Everyone shall have the right to freedom of thought conscience 1 Everyone shall have the right to freedom of thought conscience

and religion This right shall include freedom to have or to adopt a and religion This right shall include freedom to have or to adopt a religion or belief of his choice and freedom either individually or in religion or belief of his choice and freedom either individually or in community with others and in public or private to manifest his community with others and in public or private to manifest his religion or belief in worship observance practice and teaching religion or belief in worship observance practice and teaching

2 No one shall be subject to coercion which would impair his 2 No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice freedom to have or to adopt a religion or belief of his choice

3 Freedom to manifest ones religion or beliefs may be subject only 3 Freedom to manifest ones religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to to such limitations as are prescribed by law and are necessary to protect public safety order health or morals or the fundamental protect public safety order health or morals or the fundamental rights and freedoms of others rights and freedoms of others

4 The States Parties to the present Covenant undertake to have 4 The States Parties to the present Covenant undertake to have respect for the liberty of parents and when applicable legal guardians respect for the liberty of parents and when applicable legal guardians to ensure the religious and moral education of their children in to ensure the religious and moral education of their children in conformity with their own convictions conformity with their own convictions

What are human rightsWhat are human rights

Human rights are said to be inherent inalienable and universal Human rights are said to be inherent inalienable and universal They are inherent in that they belong to everyone because of their They are inherent in that they belong to everyone because of their

common humanity common humanity They are inalienable in that people cannot give them up or be deprived of They are inalienable in that people cannot give them up or be deprived of

them by governments them by governments They are universal in that they apply regardless of distinctions such as They are universal in that they apply regardless of distinctions such as

race sex language or religion race sex language or religion Human rights govern how individual human beings live in society and Human rights govern how individual human beings live in society and

with each other as well as their relationship with the State and the with each other as well as their relationship with the State and the obligations that the State has towards themobligations that the State has towards them

Human rights aim to recognise and protect the dignity of all human beings Human rights aim to recognise and protect the dignity of all human beings whatever their status or condition in lifewhatever their status or condition in life

human rights are not the gift or bounty of any political sovereign through legislation or any edict but are rights inherent in human existence The purpose of any law dealing with these rights is merely to recognize them to regulate their exercise and to provide for their enforcement and the ancillary matters














































































































[UNGA RESOLUTION]




















































































citizens)citizens)















































































































































































































































[UNGA RESOLUTION]




















































































citizens)citizens)


































































































































































































































[UNGA RESOLUTION]




















































































citizens)citizens)































































































































































































































[UNGA RESOLUTION]




















































































citizens)citizens)

























































































































































































































[UNGA RESOLUTION]




















































































citizens)citizens)


















































































































































































































[UNGA RESOLUTION]




















































































citizens)citizens)














































































































































































































[UNGA RESOLUTION]




















































































citizens)citizens)










































































































































































































[UNGA RESOLUTION]




















































































citizens)citizens)

































































































































































































[UNGA RESOLUTION]




















































































citizens)citizens)
























































































































































































[UNGA RESOLUTION]




















































































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