HUMAN RIGHTS ISSUE

(GENERAL PERSPECTIVE)
 INTRODUCTION
 Human Beings are rational beings and by virtue of their being
human they possess certain basic and inalienable rights which
are commonly known as ‘Human Rights’.

 Human Rights are defined as “all those rights which are

essential for the protection and maintenance of dignity of
individuals”.

 These rights create conditions in which every human being can

develop his personality to the fullest extent may be termed as
human rights.
 Cont…

 Human rights become operative with the birth of an

individual. Human rights, being the birth rights, are inherent in
all the individuals irrespective of their caste, religion, sex and
nationality.
 Because of their immense significance to human beings ;
human rights are also referred to as fundamental rights, basic
rights, inherent rights, natural rights and birth rights.
 All the human rights are derived from the dignity and worth
inherent in the human person; and that human person is the
central subject of human rights and fundamental rights.
 Even though the origin of human rights is quite ancient, the
international concern with human rights may be said to be of
comparatively recent origin. United Nation Charter marks the
advent of systematic human rights protection within the
International system.
 The documents which form the historical foundation of
modern human rights jurisprudence are the English Bill of
Rights (1688), the American Declaration of Independence
(1776) and the French Declaration of Rights of Man (1789).
 The legal process in universality of human rights, effectively
commenced with the Universal Declaration of Human Rights
in1948 (UDHR).
 MODERN HUMAN RIGHTS
 Human rights are such rights which have been conferred to
individuals by the states in the modern International Law.

 The modern perspective to human rights is reflected in Vienna

Declaration adopted by the World Conference on Human
Rights in June 1993.

 The declaration categorically states that all human rights are

universal, indivisible, interdependent, inter-related and that
democracy, development and respect for human rights &
fundamental freedoms are interdependent and mutually
reinforcing.
 Cont…

 The conference re-affirmed that the right to development as

the universal inalienable right and an integral part of the
fundamental human rights.

 Adoption of the UN charter in the aftermath of the Second

World War, can rightly be considered as a landmark in the
journey towards the universal acceptance of human rights.
 Through a long process of evolution , Modern Human Rights
Jurisprudence has crystallized it into three basic principles:

1. The Principle of Universal Inherence:

Every human being has certain rights, capable of being
enumerated and defined which are not conferred on him by
any ruler, nor earned or acquired through purchase, but which
inhere in him by virtue of his humanity alone.

2. The Principle of Inalienability:

No human being can be deprived of any of those rights by the
acts of any ruler or even by his own act or in a democracy
even by the will of the majority of the sovereign people.
 Cont…
3. The Rule of Law :
Where rights conflict with each other, the conflicts must be
resolved by the consistent, independent and impartial
application of just laws in accordance with just procedures.

 An individual can seek human rights only in an organized

community, i.e. a state , or in other words where the civil
social order exists. Thus the principle of protection of human
rights is derived from the concept of man as a person and his
relationship with an organized society which cannot be
separated from universal human nature.
 Human rights being essential for all- round development of
the personality of the individuals in the society be necessarily
protected and be made available to all the individuals.

 They must be preserved, cherished and defended if the peace

and prosperity are to be achieved . Human rights are the very
essence of a meaningful life and to maintain human dignity is
the ultimate purpose of the government.
 KINDS OF HUMAN RIGHTS
 There are two kinds of human rights :

1. Civil and Political Rights:

Civil rights and liberties are referred to those rights which are
related to the protection of the right to life and personal liberty.
They are essential for a person so that he may live a dignified
life. Such rights include right to life, liberty , right to privacy,
freedom from torture and right to own property.
 Cont…
 Whereas political rights may be referred to those rights which
allow a person to participate in the government of a state. For
example, right to vote, right to be elected and right to take part
in conduct of public affairs.

 The nature of both civil and political rights may be different

but they are inter-related. Therefore, it does not appear logical
to differentiate them. This reason led to the formulation of one
covenant covering both civil &political rights into one covenant
i.e. International Covenant on Civil and Political Rights.
 2. Economic, Social and Cultural rights:

 These rights are fundamentally based on the concept of social

equality & are related to the guarantee of minimum necessities
of the life to human beings . In the absence of these rights the
existence of human beings is like to be endangered.

 Right to adequate food, clothing, housing and the adequate

standard of living and freedom from hunger, right to work ,
right to social security, right to physical and mental health and
right to education are included in this category of rights.
 Cont…
 These rights sometimes called positive rights, require active
intervention, not abstentions on the part of the state.
Enjoyment of these rights requires a major commitment of
resources and therefore, their realization cannot be immediate
as in the case of civil and political rights.

 Although the United Nations has recognized the above two

sets of rights in two separate covenants i.e. the International
Covenant on Civil and Political Rights; and the International
Covenant on Economic Social and Cultural Rights, there is a
close relationship between them.
 It has been rightly realized especially, by developing countries
that civil and political rights can have no meaning unless they
are accompanied by social, economic and cultural rights.

 Thus, both categories of rights are equally important & where

the civil and political rights do not exist, there cannot be full
realization of economic, social and cultural rights and vice
versa.
 INTERNATIONAL HUMAN
RIGHTS LAW
 The International Human Rights Law has been developing
extensively since the creation of the United Nations. The most
fundamental point about human rights law is that it establishes
a set of rules for all the people of all the states.

 Human rights is international in the sense of it being universal,

applying to all the individuals. However, international human
rights law refers mainly, to obligations of states to individuals
within their jurisdiction.
 Cont…
 When the states fail to assure realization of human rights to the
individuals within their jurisdiction, international obligation
arises. Thus, obligation to provide human rights to individuals,
is mainly intra-national and in some cases international.

 A state is not free to treat its nationals as it pleases despite the

fact that it is sovereign. The greatest impact of human rights
law has been to erode the absolute control which a state had in
the classical period.
 Efforts for creation of an international organization, in order to
establish peace, were being made even when the World War II
was in progress. The declarations adopted by the Conference
laid down the importance of Human Rights.

 Declaration of League of Nations signed in January 1942, at

Washington was the first document which used the term of
Human Rights.
 Cont…
 Thus, the human rights became a matter of International concern
with the end of World War II and the founding of United Nations
Organization. Since then, the international human rights law has
been developing in an unprecedented way and has become a
very substantive part of International law as a whole.

 Although there is no ‘global government’ as such to protect

human rights, it is being protected by the various bodies of the
United Nations and the inter-governmental organizations.
 PROMOTION/PROTECTION OF HUMAN
RIGHTS BY THE UNITED NATION
 Prime responsibility for promotion of human rights under the
U N Charter rests with the General Assembly, the Economic and
Social Council; and its subsidiary body i.e. the Council on the
Human Rights.
 The term protection of human rights which may mean the
implementation and enforcement action, does not find place in
the U N Charter. When human rights violations assume massive
dimensions, the General Assembly and other organs of the UN
can initiate discussion and action.
 Among the United Nations agencies only the Security Council
& the International Court of Justice can engage in enforcement
action; and only they have the competence to pass a binding
resolution or issue a binding judgment.
 Cont…
 The United Nations in the past has been able to promote and
protect human rights by certain ways which are as follows:

1. The first and the most important role which the United Nations
has played, is that, it has made the people and the states
conscious about the human rights and fundamental freedoms.

2. The United Nations has codified different human rights and

freedoms by making treaties for all sections of the people such
as women, child, workers, refugees, etc.
 COUNCIL ON HUMAN RIGHTS
 The Economic and Social Council, a principal organ of the
United Nations was most directly concerned with the question
of human rights.
 The Council under the Article: 68 of the U N Charter was
empowered to set up commissions for the promotion of human
rights and such other commissions as may be required for the
performance of its functions.
 The council may also meet annually in Geneva for six weeks
beginning in March. The commission may also meet between
annual sessions to deal with urgent human rights situations.
 Cont…
 The council as determined by its terms of reference was
directed to prepare recommendations and reports on the
following items:

1. International bill of rights

2. International declarations and conventions on civil liberties,
the status of women, freedom of information .
3. Protection of minorities.
4. Prevention of discrimination on grounds of race, language
sor religion.
 UNIVERSAL DECLARATION
OF HUMAN RIGHTS
 The idea for the protection for human rights and fundamental
freedoms was conceived in the Atlantic Charter (1941) and in
the Declaration of the United Nations (1948).
 The Universal Declaration of Human Rights was adopted in
1948 with an aim to enumerate human rights for all people.
The UDHR has inspired a rich body of the legally binding
international human rights treaties.
 It continues to be an inspiration to all whether in addressing
injustices, in times of conflicts and/or in our efforts towards
achieving universal enjoyment of human rights.
 Cont…
 The preamble of the Universal Declaration proclaims the
declaration as a common standard of achievement of all people
and all nations.
 The Universal Declaration contains 30 Articles . It enumerates
the basic principles of human rights in a most comprehensive
manner. Out of 30 articles, 21 articles enumerated the civil and
political rights and the rest cover economic and social rights.
 It is to be noted that the Universal Declaration does not permit
a state to derogate from their obligations in public emergency
which threatens the life of the nation. Thus, even in such cases
the rights cannot be suspended.
 LEGAL EFFECT OF THE
DECLARATION
 The Universal Declaration set for the International community
a common standard of achievement. It recognized the inherent
dignity and the equal and inalienable rights of all people in all
nations. It is the duty of the States regardless of their social,
political and economic systems to promote and protect human
rights.

 The Universal Declaration was not intended to be legally a

binding and therefore, it did not impose any legal obligations
on the States to give effect to its provisions. In other words,
from the legal point of view, the declaration has been only a
recommendation and not strictly binding on the states.
 Cont…

 The declarations addresses right to all people and all nations

whether they are members of the United Nations or otherwise.

 The main object of the Declaration was to present the ideas of

human rights and freedoms in order to inspire everybody to
work for their progressive realization. The message conveyed
is one; of hope, equality, liberation and empowerment.
 INTERNATIONAL HUMANITARIAN
LAW
 International humanitarian law is a branch of International
Law which provides protection to human beings from the
consequences of armed conflicts.
 Humanitarian Law deals with those matters which have an
impact of armed conflicts on the life, personal integrity and
liberty of human beings. Thus, the humanitarian law may be
referred to that body of law which defines those principles &
rules, which limit the use of violence in times of war.
 These rules are inspired by principles of humanity and they
are meant to avoid human sufferings and brutality in armed
conflicts. However, those rules of war which are based on the
humanitarian considerations or motivations, are called the
humanitarian law.
 Cont…
 International Humanitarian Law has much in common with the
law of human rights since both are concerned with protection
of the individuals nevertheless, there are important differences
between the two.
 The first difference is that International humanitarian law is
applied during the time of armed conflicts whereas the law of
human rights is applied in peace time.
 The second difference is that the state which becomes a party
to a human rights treaty assumes an obligation to treat all the
persons within the jurisdiction in accordance with provisions
of the treaty .
 The Humanitarian Law is primarily made up of treaties /
agreements between states intended to have binding legal
effect between the parties that have agreed to them and are
bindings only between States, which are parties to those
treaties.
 International humanitarian law applies to all the armed
conflicts, i.e. the international armed conflicts as well as the
non-international armed conflicts.
 International conflicts may mean an armed clash between two
or more states, whereas non-international armed conflicts
which take place in the territory of a state between its armed
forces, e.g. civil war, are included in non-international armed
conflicts.
 Cont…
 Presently, there is a widespread acceptance of the importance
of human rights in the international structure. However, one
will not hesitate to admit that there is a confusion prevailing as
to its precise nature and scope and the mode of International
Law as to the protection of these rights.

 One valuable lesson that the history of human rights teaches us

is that, they are not static but are developed in response to the
new modes of political thought & the changes in international
environment.