Human Rights PRESIDENCY COLLEGE

Meaning of Human Rights Human Beings are rational beings. PRESIDENCY COLLEGE

Human rights become operative with the birth of an individual. PRESIDENCY COLLEGE

Human rights are Natural rights Universality of rights Features Human rights are Natural rights Universality of rights Inalienability of HR Indivisibility of HR Interdependence and interrelatedness of HR Equality of HR and non Discrimination PRESIDENCY COLLEGE

7. Rights of participation and inclusion 8 7.Rights of participation and inclusion 8. Accountability of State and its authority holders in respect of protection of HR 9. Individual and collective HR 10.HR and human duties 11.HR have to be secured progressively 12.HR and international law PRESIDENCY COLLEGE

English Bill of Rights (1688), The documents which form the historical foundation of modern human rights jurisprudence are the Magna Carta- 1215 , English Bill of Rights (1688), the American Declaration of Independence (1776) and the French Declaration of Rights of Man (1789). The legal process in the universality of human rights effectively commenced with the Universal Declaration of Human Rights 10th December 1948 (UDHR). International Covenant of HR PRESIDENCY COLLEGE

CONSTITUENTS OF HUMAN RIGHTS Civil and Political rights – ICCPR 1966 Economic , Social and Cultural Rights – ICESCR 1966 Development oriented rights Right to development Right to healthy environment PRESIDENCY COLLEGE

An individual can seek human rights only in an organized community, i 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. PRESIDENCY COLLEGE

KINDS OF HUMAN RIGHTS There are two kinds of human rights : 1. civil and political rights. 2. economic social and cultural rights 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. These rights also known as (freedom from). Whereas political rights may be referred to those rights which allow a person to participate in the government of a state. For e.g. right to vote, right to be elected and right to take part in conduct of public affairs. PRESIDENCY COLLEGE

Promotion and Protection of Human Rights by the United Nations The prime responsibility for the promotion of human rights under the U.N Charter rests in the General Assembly, in the Economic and Social Council and its subsidiary body i.e. the council on human rights. The term protection of human rights which may mean 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 and the International Court of Justice can engage in enforcement action; only they have a competence to pass a binding resolution or issue a binding judgment. Enforcement is thus the authoritative application of human rights. PRESIDENCY COLLEGE

Council on Human Rights The Economic and Social Council (ECOSOC) , a principal organ of the United Nations was most directly concerned with the question of human rights. The Council under 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 meets annually in Geneva for six weeks beginning in March. The commission may also meet between annual sessions to deal with urgent human rights situations. PRESIDENCY COLLEGE

On international bill of rights The council as determined by its terms of reference was directed to prepare recommendations and reports on the following items: On international bill of rights International declarations and conventions on civil liberties, the status of women, freedom of information . The protection of minorities. The prevention of discrimination on grounds of race, language or religion PRESIDENCY COLLEGE

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 (1942). The Universal Declaration of Human Rights was adopted in 1948 with an aim to enumerate human rights for all the people. The UDHR has inspired a rich body of legally binding international human rights treaties. It continues to be an inspiration to all whether in addressing injustices, in times of conflicts and in our efforts towards achieving universal enjoyment of human rights. PRESIDENCY COLLEGE

There are 31 articles in ICESCR . “ All Human Beings are born equal in dignity and rights “ is the statement in UDHR . The International Covenant on Economic , Social and cultural Rights and International Covenant on Civil and Political Rights was passed in 1966 and came into force from 1976 . There are 31 articles in ICESCR . Right to self determination is the Article 1 of ICESCR . Right to work is in Article 6 of ICESCR . Right to marry and find a family is in Article 16 of UDHR . First generation rights are called as negative rights . Child rights are protected in article 24 of ICCPR . 24th October is UN day . PRESIDENCY COLLEGE

UDHR was passed by the General Assembly on1 0th December . First generation rights are Political and Civil Rights . There are 30 articles in UDHR . Right of self determination is a collective right . ECOSOC is Economic and Social Council . Eleanor Roosevelt was the first chairman of the commission on Human Right . UDHR was the first human rights declaration adopted by the UN UDHR was adopted in Paris . 53 countries are members of the commission on Human Rights . Right to peace is a third generation right . There are 31 Articles in ICESCR . There are 53 Articles in ICCPR . PRESIDENCY COLLEGE

UNDP - United Nations Development Programme UNHCR - United Nations High Commissioner’s for refugees , it was established in December 14, 1950 . The theme for human rights day in 2010 was HR defenders who act to end Discrimination . The United Nations Human Rights Council is a United Nations System intergovernmental body whose 47 states are responsible for promoting and protecting Human rights around the world . United Nations Commission on Human Rights ( UNCHR ) has its headquarters in Geneva PRESIDENCY COLLEGE

Karal Vasak gave three generation of human rights in 1977 The generation of basic human rights. First generation (Generation of civil and political rights)- negative rights Second generation (economic, social and cultural rights)-Positive rights Third generation (solidarity)- Collective rights Consists of four (4) rights which are: 1. right for development 2. right for healthy environment and balanced ecology 3. right for peace, and 4. right for inheritance PRESIDENCY COLLEGE

Second-generation human rights are referred to as "red" rights. First-generation human rights, often called "blue" rights, deal essentially with liberty and participation in political life. Second-generation human rights are referred to as "red" rights. The term "third-generation human rights" are called as "green" rights A new set of rights called as fourth generation human rights have come in 21st century .these rights include Women rights Rights of future generations Right of access to information Right to communicate . these rights are called as communication rights . PRESIDENCY COLLEGE

The NHRC (National Human Rights Commission) consists of: The Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.[1] It was given a statutory basis by the Protection of Human Rights Act, 1993 (TPHRA) Composition The NHRC (National Human Rights Commission) consists of: A Chairperson, retired Chief Justice of India One Member who is, or has been, a Judge of the Supreme Court of India One Member who is, or has been, the Chief Justice of a High Court Two Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights In addition, the Chairpersons of four National Commissions of ( 1.Minorities 2.SC and ST 3.Women) serve as ex officio membe PRESIDENCY COLLEGE

The Prime Minister (chairperson) The Home Minister Appointment Sections 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of: The Prime Minister (chairperson) The Home Minister The Leader of the Opposition in the Lok Sabha (House of the People) The Leader of the Opposition in the Rajya Sabha (Council of States) The Speaker of the Lok Sabha (House of the People) The Deputy Chairman of the Rajya Sabha (Council of States) PRESIDENCY COLLEGE

Justice Ranganath Mishra was the first chairperson of NHRC PRESIDENCY COLLEGE