Human Rights Rights Right in objective sense means

Human Rights

Rights ‘Right’ in objective sense means ‘just action’ � In legal terms, right means a legal protection or a normative value. � Violation of right attracts legal action � Combination of claim and duty. � ◦ Right grant certain liberties and privileges ◦ It imposes certain duties also � Right has two parts: ◦ Form: Internal structure of right (What that right is? ) ◦ Function: What rights do for those who hold them?

Human Rights � Rights a person has because he or she is a human being. � Human rights are moral principles or norms that describe certain standards of human behavior. � Inherent in all human beings, whatever may be their: ◦ ◦ ◦ ◦ Nationality Place of residence Gender Ethnic origin Colour Religion Language Or any other status

Features of Human Rights � These are inalienable: “Which may not be given or taken away”. E. g. If a person arrested by police is forced to sign a document saying that he could be kept under arrest without trial for indefinite period, this document is not valid. Because no one can renounce his right, which says ‘No one shall be subjected to arbitrary arrest’. � These are fundamental rights: Everyone should have them. � Protected by law � No discrimination: On basis of religion, region, language, culture, caste, gender or any other

Features of Human Rights � These are universal: Applicable everywhere, every time and for every one. � These are in-divisible: All rights form one integral whole which may not be divided into its various components for choosing one on the expense of other or we can’t give more importance to one and lesser to another � These are interdependent: Each right can be fully enjoyed only when other rights are also fully enjoyed. � These are egalitarian: It says all humans are equal in their fundamental worth or have same dignity in the society. � These are imprescriptible: These are not imposed. But at the same time they also can’t be lost even if man fails to use or assert them, even for a long passage of time. � Obligation: These rights impose obligation on person to respect the human rights of others.

International Perspective of Human Rights � Universal Declaration of Human Rights (UDHR) is the main document which sets common standards for all people and all nations. � It was adopted and proclaimed by General Assembly Resolution 217 A (III) of United Nations in Dec. 1948.

Preamble � � � � Whereas 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 world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of the world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas member states have pledged themselves to achieve, in co-operation with the United Nations, the promotion of Universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realizations of this pledge

Articles ◦ Article 1: All human beings are born free and equal in dignity and rights. ◦ Article 2: Everyone is entitled to all rights without any discrimination on bases of race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status and political, jurisdictional or international status of home country. ◦ Article 3: Everyone has right to life, liberty and security of person. ◦ Article 4: Slavery or slave trade is prohibited in all forms. ◦ Article 5: No one shall be subjected to torture, cruel or inhuman treatment or punishment. ◦ Article 6: Right to recognition everywhere as a person before the law.

Articles ◦ Article 7: All are equal before law and are entitled to equal protection by law without any discrimination. ◦ Article 8: Right to an effective remedy by competent national tribunals for violating fundamental rights granted to an individual by constitution or by law. ◦ Article 9: No one shall be subjected to arbitrary arrest or exile. ◦ Article 10: Everyone is entitled to a fair public hearing by an independent and impartial tribunal, in determination of his rights and obligations and of any criminal charge against him. ◦ Article 11: Everyone charged with a penal offence has the right to be presumed innocent until proved guilty. ◦ Article 12: Right to protection against any arbitrary interference with his privacy, family, home or correspondence, or protection against attacks on his honour and reputation.

Articles ◦ Article 13: Right to freedom of movement and residence within the borders, right to leave any country and to return to his home country. ◦ Article 14: Right to seek and enjoy in other countries asylum from persecution except for the case of non-political crimes or acts contrary to principles of United Nations. ◦ Article 15: Right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. ◦ Article 16: All men and women are entitled to equal rights as to marriage, during marriage and at its dissolution without any limitation due to race, nationality or religion. ◦ Article 17: Right to own property alone as well as in association with others. ◦ Article 18: Right to freedom of thought, conscience and religion (change of religion, manifest religion in teaching, practice, worship and observance).

Articles ◦ Article 19: Right to freedom of opinion and expression; right to receive and impart information through any media. ◦ Article 20: Right to freedom of peaceful assembly and association. No one may be compelled to belong to an association. ◦ Article 21: Right to take part in government of country, directly or indirectly and Right of equal access of public service in country. The will of people (through elections and secret voting) shall be the basis of authority of government. ◦ Article 22: Right to social security and economic, social and cultural rights indispensable for his dignity and free development of his personality through national effort and international cooperation. ◦ Article 23: �Right to work, to free choice of employment, to just and favourable conditions of work and protection against unemployment. �Right to equal pay for equal work �Right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity and supplemented by other means of social protection.

Articles ◦ Article 24: Right to rest and leisure, reasonable limitation of working hours and periodic holidays with pay. � ◦ Article 25: � Right to a standard of living adequate for the health and well being of himself and of his family, including food, clothing, housing, medical care and social services. � Right to security in case of unemployment, sickness, disability, widowhood, old age or lack of livelihood because of circumstances beyond individual’s control. � Motherhood and childhood are entitled to special care and assistance. ◦ Article 26: � Right to education. It shall be free and compulsory, at least in elementary and fundamental stages. � Higher education shall be equally accessible to all on basis of merit. � Education should be directed toward full development of human personality. � It should promote respect for human rights and freedoms, tolerance, understanding and friendship among all without discrimination. � Parents have right to choose the kind of education that shall be given to their children.

Articles ◦ Article 27: �Right to freely participate in the cultural life of the community, to enjoy arts and share in scientific advancement and its benefits. �Right to the protection of moral and material interests resulting from any scientific, literary or artistic production of the individual (as an author). ◦ Article 28: Right to social and international order. ◦ Article 29: �Everyone has duties toward the community. �Everyone shall be subjected to some limitations, as are determined by law, for the purpose of securing recognition and respect for rights and freedoms of others; public order and general welfare. �These rights in no case be exercised contrary to the purposes of UN. ◦ Article 30: Nothing in this Declaration may be interpreted as implying for any state, group or person the right to engage in any activity aimed at destruction of any of the rights set forth herein.

Indian Perspective of Human Rights � The Constitution declares India to be a Sovereign Democratic Republic. � It stresses on: Justice, Liberty, Equality and Fraternity. � Part III and IV of constitution provide provisions for human rights.

Part III: Fundamental Rights Right to Equality Right to Constitutional Remedies Right to Freedom Fundamental Rights Cultural and Educational Rights Right against Exploitation Right to Freedom of Religion

Right to Equality � Article 14: Equality before law � Article 15: Prohibition of discrimination on basis of religion, race, caste, gender or place of birth is forbidden. � Article 16: Equality of opportunity of employment. � Article 17: Abolition of untouchability � Article 18: Abolition of titles

Right to Freedom � � Article 19: Right to Freedom of speech and expression, to assemble peaceably and without arms, to form associations or unions, to move freely throughout territory of India, to reside and settle in any part of India and to practice any profession or carry on any occupation, trade or business. Article 20: ◦ No person shall be convicted of any offence except for violation of a law in force at the time of commission of the act charged as an offence. ◦ Penalty should not be greater than that which might have been inflicted under the law in force at the time of commission of the offence. ◦ No person shall be prosecuted and punished for the same offence more than once. Article 21: Protection of life and personal liberty Article 22: Protection against arrest and detention in certain cases

Right against exploitation � Article 23: Prohibition of Traffic in Human beings and forced labour � Article 24: Prohibition of employment of children (below age of 14) in any factory, mine or other hazardous activity.

Right to Freedom of Religion � Article 25: Freedom of conscience and free profession, practice and propagation of religion subject to public order, morality and health of society. � Article 26: Freedom to establish and manage religious institutions for religious and charitable purposes, to manage its own affairs in matters of religion, to own and acquire movable and immovable property and to administer such property in accordance with law. � Article 27: Freedom for promotion of any particular religion � Article 28: Freedom as to attendance at religious instruction or worship

Cultural and Educational Rights � Article 29: Safeguards for the Educational and Cultural Interests of Minorities. � Article 30: Right of minorities to establish and administer educational institutions. State shall not discriminate in granting aid to these educational institutions. � Article 31: Saving of laws and giving effect to certain directive principles

Right to Constitutional Remedies � Article 32: Remedies for enforcement of rights conferred by this part � Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Defence forces � Article 34: Restriction on rights conferred by this part while martial law is in force in any area

Part IV: Directive Principles of State Policy � � � � (Guide the state in promoting the welfare of the people) Article 37: Application of the Principles: It shall be the duty of State to apply these principles in making laws. But these principles are not enforceable by any court. Article 38: Promotion of welfare of the people by securing and protecting a social order and justice- social, economic and political. Article 39: Equal Justice and Protection against exploitation Article 40: Organisation of village Panchayat. Article 41: Right to work and to education Article 42: Securing just and humane work condition Article 43: Living wage and standard of life of workers Article 44: Uniform civil code Article 45: Universal Primary Education Article 46: Promotion of educational and economic interests of weaker section Article 47: Duty of state in raising the standard of nutrition, health and life. Article 48: Organisation of Agriculture and Animal husbandry and Protection of environment. Article 49: Protection of Monuments Article 50: Separation of Judiciary from Executive Article 51: Promotion of International peace and security

Article 51 A: Fundamental Duties � � � To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; To cherish and follow the noble ideas which inspired our national struggle for freedom; To uphold and protect the sovereignty, unity and integrity of India; To defend the country and render national service when called upon to do so; To promote harmony and the spirit of common brotherhood amongst all the people of Indian transcending religious, linguistic and regional or sectional diversities; To renounce practices derogatory to the dignity of women; To value and preserve the rich heritage of our composite culture; To protect and improve the natural environment including forests, lakes, rivers, wild life and to have compassion for living creatures; To develop the scientific temper, humanism and the spirit of inquiry and reform; To safeguard public property and to abjure violence; To strive towards excellence in all spheres of individual and collective authority so that the nation constantly rises to higher levels of endeavour and achievement.