Human Rights | Concept And Development Of Human Rights

What is Human Rights?

• Human Rights are those rights which are enjoyed by an individual as a Human Being.
• These are basic and inalienable rights.
• Every individual possesses and enjoys those rights irrespective of his/her Caste, Colour, Sex, Race, Religion etc.
• Thus, it is equally available to all aliens, refugees, minorities etc. which makes them Universal in Nature.
• Human Rights are the equally available to all aliens, refugees, minorities etc. which makes them Universal in Nature.
• Human Rights are the basic foundation of a Democratic Society.
• Human Rights are a Set of Universal Principles which seek to ensure the equal worth of each individual life, applicable to all people at all times and in all places.

DEVELOPMENT & SCOPE OF HUMAN RIGHTS

Importance of Human Rights

• The origin of human rights is as old as History.
• The Ancient Greek City-State, have provided Freedom of Speech, Equality Before Law, Right to vote and so on.
• The Roman law also provided for similar rights to the Romans known as "JUS CIVILE".
• In England, these rights took the form of MAGNA CARTA ACT of 1215 & The BILL OF RIGHTS OF 1689.
• The FRENCH DECLARATION OF RIGHTS under Article 1 says "All men are born and remain free & equal in their rights".
• These 2 major events are a great landmark in the development of Human Rights.
• In 19th Centuty, VIENNA CONGRESS of 1815 helped in making the concept of Human Rights Universal in Nature.
• The Establishment of the LEAGUE OF NATIONS after the WORLD WAR I, further led to the development of human Rights in the international sphere.
• Human Rights movement emerged as an effective movement only after the SECOND WORLD WAR which led to the establishment of the UNITED NATIONS ORGANISATION, October 24, 1945.
• UNITED NATIONS had been playing a significant role in the PROTECTION, PROMOTION & MONITORING of Human Rights everywhere in the World.
• Many Conferences were also held in order to create awareness of Human Rights.
• THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.
• THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS.
• Which was adopted by the UN GENERAL ASSEMBLY on December 16, 1966 is binding on all the States.
• Thus, the concepts of HUMAN RIGHTS have assumed significance since the formulation of the UNIVERSAL DECLARATION OF HUMAN RIGHTS by the HUMAN RIGHTS COMMISSION and their adoption by the GENERAL ASSEMBLY OF THE UNITED NATIONS.
• THE UNIVERSAL DECLARATION OF HUMAN RIGHTS which was adopted on 10th December 1948 is a landmark in a the modern period in the recognition of Human Rights as Universal.

KINDS OF HUMAN RIGHTS

Types of Human Rights

1. Civil & Political Rights
2. Economic, Social & Cultural Rights

1. Civil & Political Rights

• Civil Rights are those rights which are related to the protection of the RIGHTS TO LIFE, LIBERTY & PERSONAL SECURITY, RIGHTS TO PRIVACY, RIGHT TO OWN PROPERTY, FREEDOM OF THOUGHT Etc
• Political Rights are those rights which allow a person to participate in the Government of State. TO VOTE, RIGHT TO TAKE PART IN THE CONDUCT OF PUBLIC AFFAIRS.

      2. Economic, Social & Cultural Rights

• These rights, help to individual to promote social & economic development RIGHT TO FOOD, CLOTHING, WORK, EDUCATION.

UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (UNHCR)

UNHCR Full Form

• The office of the UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES was established on December 14, 1950 by the UNITED NATIONS GENERAL ASSEMBLY.
• The agency is mandated to lead and co-ordinate International action to protect Refugees and resolve Refugee problems worldwide.
• Its primary purpose is to safeguard the Rights and well-being of Refugees.
• The 1951 Convention Relating to the status of Refugees is the key legal document in defining who is a Refugee, their rights & the legal obligations of States.
• The Central for Human Rights is located at GENEVA to co-ordinate all Human Rights Activities.

UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS (UNHCHR)

APPOINTMENT-

The High Commissioner will be appointed by the SECRETARY GENERAL ASSEMBLY.

TERM-

For the period of 4 years.

FUNCTIONS-

In connection with the programme for reform of the UNITED NATIONS, THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS & THE CENTRE FOR HUMAN RIGHTS were consolidated into a single OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR) 1997 LOCATED AT GENEVA.

1. To promote universal enjoyment of all Human Rights.
2. It plays leading role on Human Right issues & emphasizes the importance of Human rights at the International & National Levels.
3. It promotes International Co-operation for Human Rights.
4. It assists in the development of new norms.
5. It supports Human Rights organ and treaty monitoring bodies.
6. It undertakes preventive Human Rights action.
7. It promotes the establishment of National Human Rights Infrastructures.
8. It undertakes Human Rights field activities and operations.
9. It promotes Universal Ratification & Implementation of International Standards.
10. It provides Education, Information, advisory service & technical assistance in the field of Human Rights.

HUMAN RIGHTS "HOT LINE"

• The UNHCHR established a Human Rights HOT Line in 1994.
• It is a 24 hour facsimile line that will allow the office of the High Commissioner for Human rights in Geneva to monitor & react rapidly to Human Rights Emergencies.

UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) 1948

• The MAGNA CARTA of Rights was one of the first major achievements of the United Nations in the field of Human Rights.
• The UNITED NATIONS established a Commission on Human Rights (CHR) on 16th February 1946, to spell out the Human Rights Norms.
• This Commission intended to draft an INTERNATIONAL BILL OF RIGHTS consisting of a UNIVERSAL DECLARATION OF HUMAN RIGHTS & Two Covenants.
• The Commission on Human Rights consisted of 18 Members representing from various fields such as POLITICAL, SOCIAL, & RELIGIOUS BACKGROUND.
• ELEANOR ROOSEVELT, American President & FRANKLIN D. ROOSEVELT chaired the UDHR Drafting Committee.
• The Commission met for the first time in 1947.
• The final draft was handed over to the Commission on Human Rights at Geneva called as Geneva Draft.
• The First draft declaration was circulated among all the UN member States in 1948 for their comments, suggestions or recommendation.
• Finally it was accepted and came in to enforcement on 10th December 1948.
• 10th December is observed as a HUMAN RIGHTS DAY.

SIMILARITIES IN UDHR & INDIAN CONSTITUTION

RIGHTS	UDHR	INDIAN CONSTITUTION
Equality before Law	Article 7	Article 14
Prohibition of Discrimination	Article 7	Article 15
Equality of Opportunity	Article 21(2)	Article 16(1)
Freedom of Speech & Expression	Article 19	Article 19 (1) (A)
Freedom of Peaceful Assembly	Article 20(1)	Article 19(1) (B)
Right to Form Associations/Unions	Article 23(4)	Article 19(1)(C)
Freedom of Movement within Border	Article 13(1)	Article 19(1)(D)
Protection in respect of Conviction for offences	Article 11(2)	Article 20(1)
Protection of Life & Personal Liberty	Article 9	Article 21
Protection of Slavery & Forced Labour	Article 4	Article 23
Freedom of Conscience & Religion	Article 18	Article 25(1)
Remedy for Enforcement of rights	Article 8	Article 32

 INTERNATIONAL COVENANT ON CIVIL & POLITICAL RIGHTS (ICCPR) 1966

• It is a key International Human Rights treaty providing a range of protection for Civil & Political Rights.
• It comprises of all the traditional Human Rights as they are known from historic document such as the first ten amendments to the constitution of the U.S and THE FRENCH DECLARATION.
• The covenant comples government to take administrative, judicial and legislative measures in order to protect the rights enshrined in the treaty and to provide an effective remedy.
• The covenant was adopted by the UN General Assembly on 16th December 1966 & came into Force from 23rd March 1976.

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL & CULTURAL RIGHTS (ICESCR) 1976

• The covenant was promulgated by the UN General Assembly in 1996.
• Adopted & opened for signature, ratification and accession by General Assembly resolution of 16th December 1966 entry into force 3rd January 1976.

SIMILARITIES IN ICCPR & INDIAN CONSTITUTION

RIGHTS	ICCPR	INDIAN CONSTITUTION
Forced Labour	Article 8(3)	Article 23
Equality before Law	Article 14(1)	Article 14
Prohibition of Discrimination	Article 26	Article 15
Equality of Opportunity to Public Service	Article 25(C)	Article 16(1)
Freedom of Speech & Expression	Article 19 (1) & (2)	Article 19 (1) (A)
Freedom of Peaceful Assembly	Article 21	Article 19 (1) (B)
Right to Form Associations/Unions	Article 22(1)	Article 19(1)(C)
Freedom of Movement within Border	Article 22(1)	Article 19(1)(D)
Protection in respect of Conviction for offences	Article 15(1)	Article 20(1)
Protection from Prosecution & Punishment	Article 14(7)	Article 20(2)
Protection of Life & Personal Liberty	Article 6(1) & 9(1)	Article 21
Protection against Arrest & Detention in Certain Cases	Article 9(2-4)	Article 22
Freedom of Conscience & Religion	Article 18 (1)	Article 25(1)

SIMILARITIES IN ICESCR & INDIAN CONSTITUION

RIGHTS	ICESCR	INDIAN CONSTITUTION
Equal Pay for Equal Work	Article 7(A)(1)	Article 39(D)
Safe & Human Condition of Work	Article 7(B)	Article 42
Maternity Relief	Article 16(2)	Article 42
Right to Work	Article 6(1)	Article 4
Opportunities to Children	Article 10(3)	Article 39(8)
Compulsory Education to Children	Article 13(2)(A)	Article 45
Living Wages	Article 7(A)	Article 43
Condition of Work	Article 7(D)	Article 43
Adequate Standard of Living	Article 11	Article 47
Right to Child Education	Article 13(1)	Article 21(A)