LAW OF HUMAN RIGHTS

(K-6003)

www.reliableinstitute.edu.in
hodlaw@reliableinstitute.edu.in (8800439997)
director@reliableinstitute.edu.in (8800439995/6)
 Syllabus

Law of Human Rights

(Paper Code: K-603)

The course shall comprise of the following:

(1) Meaning and Definition of Human Rights, Concept of Human Rights.

(2) Human Rights and the United Nations.
(a) Charter Provisions.
(b) International Protection of Human Rights.
(3) Universal Declaration of Human Rights
(4) Generations of Human Rights (Three Generations):
(a) International Covenant on Civil and Political Rights and Two Protocols
(b) International Covenant on Economic, Social and Cultural Rights
(c) Collective Rights
(5) European Convention on Human Rights and Fundamental Freedoms
(6) American Convention on Human Rights
(7) National Human Rights Institutions with Special reference to National Human Rights
Commission (NHRC) and National Commission for Women (NCW).
(8) Inclusion of Human Rights Jurisprudence under the Constitution of India through
Judicial Interpretation

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Quest:-: Write a note onThe Universal Declaration of Human RightsOr
What are the Essential Features of Universal Declaration of Human Rights and Rights
Provided under Universal Declaration of Human Rights.

Ans: - The Universal Declaration of Human Rights (UDHR) is a milestone document in the
history of human rights. Drafted by representatives with different legal and cultural backgrounds
from all regions of the world, the Declaration was proclaimed by the United Nations General
Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common
standard of achievements for all peoples and all nations. It sets out, for the first time,
fundamental human rights to be universally protected and it has been languages

Preamble (essential features of universal declaration of human rights)

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 a 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 realization of this pledge,
Now, therefore the general assembly proclaims this universal declaration of human rights as a
common standard of achievement for all peoples and all nations, to the end that every individual

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and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching
and education to promote respect for these rights and freedoms and by progressive measures,
national and international, to secure their universal and effective recognition and observance,
both among the peoples of Member States themselves and among the peoples of territories under
their jurisdiction.

Universal Declaration of Human Rights

Article 1...All human beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be made
on the basis of the political, jurisdictional or international status of the country or territory to
which a person belongs, whether it be independent, trust, non-self-governing or under any other
limitation of sovereignty.
Article 3.Everyone has the right to life, liberty and security of person.
Article 4.No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
Article 5.No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Article 6.Everyone has the right to recognition everywhere as a person before the law.
Article 7.All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in violation
of this Declaration and against any incitement to such discrimination.
Article 8.Everyone has the right to an effective remedy by the competent national tribunals for
acts violating the fundamental rights granted him by the constitution or by law.
Article 9.No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal charge
against him.
Article 11. (1) Everyone charged with a penal offence has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all the guarantees

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necessary for his defence. (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 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.
Article12.No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
Article 13. (1) Everyone has the right to freedom of movement and residence within the borders
of each state. (2) Everyone has the right to leave any country, including his own, and to return to
his country.
Article 14. (1) Everyone has the right to seek and to enjoy in other countries asylum from
persecution.(2) This right may not be invoked in the case of prosecutions genuinely arising from
non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.(1) Everyone has the right to a nationality.(2) No one shall be arbitrarily deprived of
his nationality nor denied the right to change his nationality.
Article 16.(1) Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.(2) Marriage shall be entered into only with the
free and full consent of the intending spouses.(3) The family is the natural and fundamental
group unit of society and is entitled to protection by society and the State.
Article 17.(1) Everyone has the right to own property alone as well as in association with
others.(2) No one shall be arbitrarily deprived of his property.
Article 18.Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.
Article 19.Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.
Article 20. (1) Everyone has the right to freedom of peaceful assembly and association.(2) No
one may be compelled to belong to an association.

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Article 21. (1) Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.(2) Everyone has the right of equal access to public service
in his country.(3) The will of the people shall be the basis of the authority of government; this
will shall be expressed in periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with the
organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.
Article 23.(1) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.(2) Everyone, without
any discrimination, has the right to equal pay for equal work.(3) Everyone who works has the
right to just and favourable remuneration ensuring for himself and his family an existence worthy
of human dignity, and supplemented, if necessary, by other means of social protection.(4)
Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
Article 25. (1) Everyone has the right to a standard of living adequate for the health and well-
being of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances beyond his
control.(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.
Article26.(1) Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall be equally
accessible to all on the basis of merit.(2) Education shall be directed to the full development of
the human personality and to the strengthening of respect for human rights and fundamental
freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or
religious groups, and shall further the activities of the United Nations for the maintenance of
peace.(3) Parents have a prior right to choose the kind of education that shall be given to their
children.

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Article 27.(1) Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.(2) Everyone has the right to
the protection of the moral and material interests resulting from any scientific, literary or artistic
production of which he is the author.
Article 28.Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
Article 29.(1) Everyone has duties to the community in which alone the free and full
development of his personality is possible.(2) In the exercise of his rights and freedoms,
everyone shall be subject only to such limitations as are determined by law solely for the purpose
of securing due recognition and respect for the rights and freedoms of others and of meeting the
just requirements of morality, public order and the general welfare in a democratic society.(3)
These rights and freedoms may in no case be exercised contrary to the purposes and principles of
the United Nations.
Article 30.Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the destruction of anyof
the rights and freedoms set forth herein
Quest:-Write a Note on International Covenant on Civil and Political Rights1966OR
What Are The Civil And Political Rights Provided Under International Covenant On Civil
And Political Rights? And Its Essential Features?
Ans:- International Covenant On Civil And Political Rights
Adopted and opened for signature, ratification and accession by General Assembly resolution
2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article
49
Preamble :( Essential Features of ICCPR 1966) The States Parties to the present Covenant
Considering that, in accordance with the principles proclaimed in the Charter of the United
Nations, 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
Recognizing that these rights derive from the inherent dignity of the human person,Recognizing
that, in accordance with the Universal Declaration of Human Rights, the ideal of free human
beings enjoying civil and political freedom and freedom from fear and want can only be
achieved if conditions are created whereby everyone may enjoy his civil and political rights, as
well as his economic, social and cultural rights,

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Considering the obligation of States under the Charter of the United Nations to promote
universal respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community to which
he belongs, is under a responsibility to strive for the promotion and observance of the rights
recognized in the present Covenant,
International Covenant On Civil Politica Rights Includes Following Rights
Article 1. (1)All peoples have the right of self-determination. By virtue of that right they freely determine
their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice
to any obligations arising out of international economic co-operation, based upon the principle of mutual
benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of
Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination,
and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
Article 2.(.1) Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status
(.2) Where not already provided for by existing legislative or other measures, each State Party to the present
Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the
provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect
to the rights recognized in the present Covenant.
(3.) Each State Party to the present Covenant undertakes:(a) To ensure that any person whose rights or
freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the
violation has been committed by persons acting in an official capacity;(b) To ensure that any person
claiming such a remedy shall have his right thereto determined by competent judicial, administrative or
legislative authorities, or by any other competent authority provided for by the legal system of the State, and
to develop the possibilities of judicial remedy;(c) To ensure that the competent authorities shall enforce such
remedies when granted.
Article 3:The States Parties to the present Covenant undertake to ensure the equal right of men and women
to the enjoyment of all civil and political rights set forth in the present Covenant.
Article 4(1 )In time of public emergency which threatens the life of the nation and the existence of which is
officially proclaimed, the States Parties to the present Covenant may take measures derogating from their
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obligations under the present Covenant to the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with their other obligations under international law and do
not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
(2.) No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this
provision.
(3) Any State Party to the present Covenant availing itself of the right of derogation shall immediately
inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of
the United Nations, of the provisions from which it has derogated and of the reasons by which it was
actuated. A further communication shall be made, through the same intermediary, on the date on which it
terminates such derogation.
Article 5 .(1). Nothing in the present Covenant may be interpreted as implying for any State, group or
person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and
freedoms recognized herein or at their limitation to a greater extent than is provided for in the present
Covenant.

(20There shall be no restriction upon or derogation from any of the fundamental human rights
recognized or existing in any State Party to the present Covenant pursuant to law, conventions,
regulations or custom on the pretext that the present Covenant does not recognize such rights or
that it recognizes them to a lesser extent.
Article 6 .(1) Every human being has the inherent right to life. This right shall be protected by law. No one
shall be arbitrarily deprived of his life.
(2) In countries which have not abolished the death penalty, sentence of death may be imposed 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 to the provisions of the present Covenant and to the Convention on the Prevention and Punishment
of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a
competent court.
(3) When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article
shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed
under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

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(4) Anyone sentenced to death shall have the right to seek pardon or commutation of the
sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

(5)Sentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant women.

(6) Nothing in this article shall be invoked to delay or to prevent the abolition of capital
punishment by any State Party to the present Covenant.
Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Article 8:(1). No one shall be held in slavery; slavery and the slave-trade in all their forms shall be
prohibited.
(2). No one shall be held in servitude.
(3.)(a) No one shall be required to perform forced or compulsory labour;(b) Paragraph 3 (a) shall not be held
to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a
crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent
court;(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:(i) Any
work or service, not referred to in subparagraph (b), normally required of a person who is under detention in
consequence of a lawful order of a court, or of a person during conditional release from such detention;(ii)
Any service of a military character and, in countries where conscientious objection is recognized, any
national service required by law of conscientious objectors;(iii) Any service exacted in cases of emergency
or calamity threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations.
Article 9 .1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary
arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with
such procedure as are established by law
.2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be
promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other
officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or
to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release

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may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should
occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that that court may decide without delay on the lawfulness of
his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable
right to compensation.
Article 10(1.) All persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person
.2.(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and
shall be subject to separate treatment appropriate to their status as unconvicted persons;(b) Accused juvenile
persons shall be separated from adults and brought as speedily as possible for adjudication
.3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their
reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded
treatment appropriate to their age and legal status.
Article 11. No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.
Article 12(1). Everyone lawfully within the territory of a State shall, within that territory, have the right to
liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by
law, are necessary to protect national security, public order (ordre public), public health or morals or the
rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
Article 13 An alien lawfully in the territory of a State Party to the present Covenant may be expelled
therefrom only in pursuance of a decision reached in accordance with law and shall, except where
compelling reasons of national security otherwise require, be allowed to submit the reasons against his
expulsion and to have his case reviewed by, and be represented for the purpose before, the competent
authority or a person or persons especially designated by the competent authority.
Article 14(1). All persons shall be equal before the courts and tribunals. In the determination of any criminal
charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and
public hearing by a competent, independent and impartial tribunal established by law. The press and the

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public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or
national security in a democratic society, or when the interest of the private lives of the parties so requires, or
to the extent strictly necessary in the opinion of the court in special circumstances where publicity would
prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be
made public except where the interest of juvenile persons otherwise requires or the proceedings concern
matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty
according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the following
minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he
understands of the nature and cause of the charge against him;(b) To have adequate time and facilities for
the preparation of his defence and to communicate with counsel of his own choosing;(c) To be tried without
undue delay(d) To be tried in his presence, and to defend himself in person or through legal assistance of his
own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance
assigned to him, in any case where the interests of justice so require, and without payment by him in any
such case if he does not have sufficient means to pay for it;(e) To examine, or have examined, the witnesses
against him and to obtain the attendance and examination of witnesses on his behalf under the same
conditions as witnesses against him;(f) To have the free assistance of an interpreter if he cannot understand
or speak the language used in court;(g) Not to be compelled to testify against himself or to confess guilt.4. In
the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability
of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a
higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal offence and when subsequently his
conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact
shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a
result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure
of the unknown fact in time is wholly or partly attributable to him.

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7. No one shall be liable to be tried or punished again for an offence for which he has already
been finally convicted or acquitted in accordance with the law and penal procedure of each
country.
Article 15 (1 ). No one shall be held guilty of any criminal offence on account of any act or omission which
did not constitute a criminal offence, under national or 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 when the criminal
offence was committed. If, subsequent to the commission of the offence, provision is made by law for the
imposition of the lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any person for any act or
omission which, at the time when it was committed, was criminal according to the general
principles of law recognized by the community of nations.
Article 16Everyone shall have the right to recognition everywhere as a person before the law.
Article 17(1.) No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home
or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.
Article 18(1). Everyone shall have the right to freedom of thought, conscience 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
community with others and in public or private, to manifest his religion or belief in worship, observance,
practice and teaching.
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.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by
law and are necessary to protect public safety, order, health, or morals or the fundamental rights and
freedoms of others.

4. The States Parties to the present Covenant undertake to have respect for the liberty of parents
and, when applicable, legal guardians to ensure the religious and moral education of their
children in conformity with their own convictions.
Article 19(1). Everyone shall have the right to hold opinions without interference.

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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 kinds, regardless of frontiers, either orally,
in writing or in print, in the form of art, or through any other media of his choice.

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 to certain restrictions, but these shall only
be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or
morals.
Article 20(1) Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to

discrimination, hostility or violence shall be prohibited by law.
Article 21 The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise
of this right other than those imposed in conformity with the law and which are necessary in a democratic
society in the interests of national security or public safety, public order (ordre public), the protection of
public health or morals or the protection of the rights and freedoms of others.
Article 22(1). Everyone shall have the right to freedom of association with others, including the right to
form and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law
and which are necessary in a democratic society in the interests of national security or public safety, public
order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of
others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces
and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize
to take legislative measures which would prejudice, or to apply the law in such a manner as to
prejudice, the guarantees provided for in that Convention.
Article 23 (1). The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.

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2. The right of men and women of marriageable age to marry and to found a family shall be
recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights
and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case
of dissolution, provision shall be made for the necessary protection of any children.
Article 24(1).Every child shall have, without any discrimination as to race, colour, sex, language, religion,
national or social origin, property or birth, the right to such measures of protection as are required by his
status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Article 25Every citizen shall have the right and the opportunity, without any of the distinctions mentioned
in article 2 and without unreasonable restrictions:(a) To take part in the conduct of public affairs, directly or
through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal
suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the
electors;

(c) To have access, on general terms of equality, to public service in his country.

Article 26All persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons
equal and effective protection against discrimination on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status.
Article 27In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members of their group, to enjoy their
own culture, to profess and practise their own religion, or to use their own language.-----------------------------

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Quest: Write A Note On International Covenant On Economic, Social And Cultural
Rights. OR
What are economic, social, cultural rights are provided under ICESCR 1966.

Ans. International covenant on economic, social, cultural rights

(Adopted and opened for signature, ratification and accession by General Assembly resolution
2200A (XXI) of 16 December 1966 entry into force 3 January 1976, in accordance with article
27)

Preamble (Essentialsof ICESCR1966)

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United
Nations, 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,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of
free human beings enjoying freedom from fear and want can only be achieved if conditions are
created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil
and political rights,

Considering the obligation of States under the Charter of the United Nations to promote
universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which
he belongs, is under a responsibility to strive for the promotion and observance of the rights
recognized in the present Covenant,

Agree upon the following articles:

Article 1:(1.) All peoples have the right of self-determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural
development.

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2. All peoples may, for their own ends, freely dispose of their natural wealth and resources
without prejudice to any obligations arising out of international economic co-operation, based
upon the principle of mutual benefit, and international law. In no case may a people be deprived
of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization of the
right of self-determination, and shall respect that right, in conformity with the provisions of the
Charter of the United Nations.

Article 2:(1) Each State Party to the present Covenant undertakes to take steps, individually and
through international assistance and co-operation, especially economic and technical, to the
maximum of its available resources, with a view to achieving progressively the full realization of
the rights recognized in the present Covenant by all appropriate means, including particularly the
adoption of legislative measures.

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

3. Developing countries, with due regard to human rights and their national economy, may
determine to what extent they would guarantee the economic rights recognized in the present
Covenant to non-nationals.

Article 3: The States Parties to the present Covenant undertake to ensure the equal right of men
and Covenant.

Article 4: The States Parties to the present Covenant recognize that, in the enjoyment of those
rights provided by the State in conformity with the present Covenant, the State may subject such
rights only to such limitations as are determined by law only in so far as this may be compatible
with the nature of these rights and solely for the purpose of promoting the general welfare in a
democratic society.

Article 5 :( 1). Nothing in the present Covenant may be interpreted as implying for any State,
group or person any right to engage in any activity or to perform any act aimed at the destruction

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of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is
provided for in the present Covenant.

2. No restriction upon or derogation from any of the fundamental human rights recognized or
existing in any country in virtue of law, conventions, regulations or custom shall be admitted on
the pretext that the present Covenant does not recognize such rights or that it recognizes them to
a lesser extent.

Article 6 :(1.) The States Parties to the present Covenant recognize the right to work, which
includes the right of everyone to the opportunity to gain his living by work which he freely
chooses or accepts, and will take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of
this right shall include technical and vocational guidance and training programmes, policies and
techniques to achieve steady economic, social and cultural development and full and productive
employment under conditions safeguarding fundamental political and economic freedoms to the
individual.

Article 7: The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of just and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:(i) Fair wages and equal
remuneration for work of equal value without distinction of any kind, in particular women being
guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal
work;(ii) A decent living for themselves and their families in accordance with the provisions of
the present Covenant;(b) Safe and healthy working conditions;(c) Equal opportunity for
everyone to be promoted in his employment to an appropriate higher level, subject to no
considerations other than those of seniority and competence;(d ) Rest, leisure and reasonable
limitation of working hours and periodic holidays with pay, as well as remuneration for public
holidays

Article 8:(1.) The States Parties to the present Covenant undertake to ensure:

(a) The right of everyone to form trade unions and join the trade union of his choice, subject only
to the rules of the organization concerned, for the promotion and protection of his economic and
social interests. No restrictions may be placed on the exercise of this right other than those

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prescribed by law and which are necessary in a democratic society in the interests of national
security or public order or for the protection of the rights and freedoms of others;

(b) The right of trade unions to establish national federations or confederations and the right of
the latter to form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to no limitations other than those
prescribed by law and which are necessary in a democratic society in the interests of national
security or public order or for the protection of the rights and freedoms of others;

(d) The right to strike, provided that it is exercised in conformity with the laws of the particular
country.

2. This article shall not prevent the imposition of lawful restrictions on the exercise of these
rights by members of the armed forces or of the police or of the administration of the State.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize
to take legislative measures which would prejudice, or apply the law in such a manner as would
prejudice, the guarantees provided for in that Convention.

Article 9: The States Parties to the present Covenant recognize the right of everyone to social
security, including social insurance.

Article 10:The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is the
natural and fundamental group unit of society, particularly for its establishment and while it is
responsible for the care and education of dependent children. Marriage must be entered into with
the free consent of the intending spouses.

2. Special protection should be accorded to mothers during a reasonable period before and after
childbirth. During such period working mothers should be accorded paid leave or leave with
adequate social security benefits.

3. Special measures of protection and assistance should be taken on behalf of all children and
young persons without any discrimination for reasons of parentage or other conditions. Children
and young persons should be protected from economic and social exploitation. Their
employment in work harmful to their morals or health or dangerous to life or likely to hamper

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their normal development should be punishable by law. States should also set age limits below
which the paid employment of child labour should be prohibited and punishable by law.

Article 11 :( 1). The States Parties to the present Covenant recognize the right of everyone to an
adequate standard of living for himself and his family, including adequate food, clothing and
housing, and to the continuous improvement of living conditions. The States Parties will take
appropriate steps to ensure the realization of this right, recognizing to this effect the essential
importance of international co-operation based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to
be free from hunger, shall take, individually and through international co-operation, the
measures, including specific programmes, which are needed:(a) To improve methods of
production, conservation and distribution of food by making full use of technical and scientific
knowledge, by disseminating knowledge of the principles of nutrition and by developing or
reforming agrarian systems in such a way as to achieve the most efficient development and
utilization of natural resources;(b) Taking into account the problems of both food-importing and
food-exporting countries, to ensure an equitable distribution of world food supplies in relation to
need.

Article 12 :( 1.) The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full
realization of this right shall include those necessary for:(a) The provision for the reduction of
the stillbirth-rate and of infant mortality and for the healthy development of the child;(b) The
improvement of all aspects of environmental and industrial hygiene;(c) The prevention,
treatment and control of epidemic, endemic, occupational and other diseases;(d) The creation of
conditions which would assure to all medical service and medical attention in the event of
sickness.

Article 13 :( 1.) The States Parties to the present Covenant recognize the right of everyone to
education. They agree that education shall be directed to the full development of the human
personality and the sense of its dignity, and shall strengthen the respect for human rights and
fundamental freedoms. They further agree that education shall enable all persons to participate
effectively in a free society, promote understanding, tolerance and friendship among all nations

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and all racial, ethnic or religious groups, and further the activities of the United Nations for the
maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full
realization of this right:(a) Primary education shall be compulsory and available free to all;(b)
Secondary education in its different forms, including technical and vocational secondary
education, shall be made generally available and accessible to all by every appropriate means,
and in particular by the progressive introduction of free education;(c) Higher education shall be
made equally accessible to all, on the basis of capacity, by every appropriate means, and in
particular by the progressive introduction of free education;(d) Fundamental education shall be
encouraged or intensified as far as possible for those persons who have not received or
completed the whole period of their primary education;(e) The development of a system of
schools at all levels shall be actively pursued, an adequate fellowship system shall be established,
and the material conditions of teaching staff shall be continuously improved.3. The States Parties
to the present Covenant undertake to have respect for the liberty of parents and, when applicable,
legal guardians to choose for their children schools, other than those established by the public
authorities, which conform to such minimum educational standards as may be laid down or
approved by the State and to ensure the religious and moral education of their children in
conformity with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and
bodies to establish and direct educational institutions, subject always to the observance of the
principles set forth in paragraph I of this article and to the requirement that the education given
in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 14: Each State Party to the present Covenant which, at the time of becoming a Party, has
not been able to secure in its metropolitan territory or other territories under its jurisdiction
compulsory primary education, free of charge, undertakes, within two years, to work out and
adopt a detailed plan of action for the progressive implementation, within a reasonable number
of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

Article 15 :( 1). The States Parties to the present Covenant recognize the right of everyone:(a) To
take part in cultural life;(b) To enjoy the benefits of scientific progress and its applications;(c) To
benefit from the protection of the moral and material interests resulting from any scientific,
literary or artistic production of which he is the author.

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2. The steps to be taken by the States Parties to the present Covenant to achieve the full
realization of this right shall include those necessary for the conservation, the development and
the diffusion of science and culture.
3. The States Parties to the present Covenant undertake to respect the freedom indispensable for
scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefits to be derived from the
encouragement and development of international contacts and co-operation in the scientific and
cultural fields. ---------------------------------------------------

Quest: What Do You Under Stand By National Commission Of Human Rights, Its
Composition, Tenure, Removal,Functions,And Powers Provided Under Protection Of
Human Rights Act 1993.
Ans:The most important development in India is the creation of the National Human Rights
Commission on 29th September 1993 as the result of an ordinance promulgated by the President.
Subsequently in the following year, the act of the Parliament provided this body a statutory
status.

Composition:The National Human Rights Commission (NHRC) is consisting of a chairperson

and seven other members. Out of the seven members, three are ex-officio members and four
others are appointed by the President on the recommendation of a Selection Committee. The
Committee is consisting of the Prime Minister who is the chairman of this Committee, Union
Home Minister, Deputy Chairman of the Rajya Sabha, Speaker of the Lok Sabha and the Leaders
of the Opposition in both the Houses of Parliament.
The members of the NHRC are as follows:
1. The Chairperson is a retired Chief Justice of the Supreme Court.:

2. One member is either a working or a retired judge of the Supreme Court.

3. One member is either a working or a retired Chief Justice or a judge of a High Court.

4. Two persons having knowledge or practical experience in matters relating to Human Rights.

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Besides them, the Chairpersons of the National Commission for Scheduled Castes and Scheduled
Tribes, National Commission for Minorities and National Commission for Women shall be its
ex-officio members.

Tenure:The Chairperson and the members of the NHRC have a tenure of five years. But if any
member attains the age of 70 years before the completion of his tenure, he or she has to retire
from the membership.
Removal:The Chairperson or any other member of this commission can be removed by the
President even before the expiry of their full term. They can be removed only on the charge of
proved misbehavior or incapacity or both, if it is proved by an inquiry conducted by a judge of
the Supreme Court. The headquarters of the commission is at New Delhi. However, with the
permission from the government, it can establish offices at other places in India.
Powers and Functions:
The National Human Rights Comission shallperformed following functions.
1. To investigate complaints regarding the violation of human rights either suo moto or after
receiving a petition.

2. To investigate the failure of duties on the part of any public official in preventing the violation
of human rights.

3. To intervene in any judicial proceedings involving any allegation of violation of human rights.

4. To visit any jail or any other institution under the control of the State Government to see the
living conditions of the inmates and to make recommendations thereon.

5. To review the safeguards provided under the constitution or any law for the protection of the
human rights and to recommend appropriate remedial measures.------------------------------------

Quest: Write A Note On The European Convention On Human Rights.(Or)What Are The
Ans:- Human Rights Described Under The European Convention On Human Rights.

The European Convention on Human Rights:The Governments signatory hereto, being

Members of the Council of Europe,

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Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of
the United Nations on 10 December 1948;Considering that this Declaration aims at securing the
universal and effective recognition and observance of the Rights therein declared; Considering
that the aim of the Council of Europe is the achievement of greater unity between its Members
and that one of the methods by which the aim is to be pursued is the maintenance and further
realization of Human Rights and Fundamental Freedoms; Reaffirming their profound belief in
those Fundamental Freedoms which are the foundation of justice and peace in the world and are
best maintained on the one hand by an effective political democracy and on the other by a
common understanding and observance of the Human Rights upon which they depend; Being
resolved, as the Governments of European countries which are like-minded and have a common
heritage of political traditions, ideals, freedom and the rule of law to take the first steps for the
collective enforcement of certain of the Rights stated in the Universal Declaration;

The European Convention on Human Rights Includes Following Human Rights

ARTICLE 1: The High Contracting Parties shall secure to everyone within their jurisdiction the
rights and freedoms defined in Section I of this Convention.

ARTICLE 2 :(1)Everyone's right to life shall be protected by law. No one shall be deprived of
his life intentionally save in the execution of a sentence of a court following his conviction of a
crime for which this penalty is provided by law.

2. Deprivation of life shall not be regarded as inflicted in contravention of this article when
it results from the use of force which is no more than absolutely necessary:(a) in defence
of any person from unlawful violence;(b) in order to effect a lawful arrest or to prevent
escape of a person lawfully detained;(c) in action lawfully taken for the purpose of
quelling a riot or insurrection.

ARTICLE 3: No one shall be subjected to torture or to inhuman or degrading treatment or

punishment.

ARTICLE 4 :(1)No one shall be held in slavery or servitude.

2.No one shall be required to perform forced or compulsory labour.

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 3.For the purpose of this article the term forced or compulsory labour' shall not include:(a)
any work required to be done in the ordinary course of detention imposed according to the
provisions of Article 5 of this Convention or during conditional release from such
detention;(b) any service of a military character or, in case of conscientious objectors in
countries where they are recognized, service exacted instead of compulsory military
service;(c) any service exacted in case of an emergency or calamity threatening the life or
well-being of the community;(d) any work or service which forms part of normal civic
obligations.

ARTICLE 5:(1) Everyone has the right to liberty and security of person.

No one shall be deprived of his liberty save in the following cases and in accordance with a
procedure prescribed by law:(a) the lawful detention of a person after conviction by a competent
court;(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a
court or in order to secure the fulfilment of any obligation prescribed by law;

(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the
competent legal authority of reasonable suspicion of having committed and offence or when it is
reasonably considered necessary to prevent his committing an offence or fleeing after having
done so;

(d) the detention of a minor by lawful order for the purpose of educational supervision or his
lawful detention for the purpose of bringing him before the competent legal authority;

(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of
persons of unsound mind, alcoholics or drug addicts, or vagrants;

(f) the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into
the country or of a person against whom action is being taken with a view to deportation or
extradition.

(2) Everyone who is arrested shall be informed promptly, in a language which he understands, of
the reasons for his arrest and the charge against him.

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 1. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this
article shall be brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to release
pending trial. Release may be conditioned by guarantees to appear for trial.
2. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings by which the lawfulness of his detention shall be decided speedily by a court
and his release ordered if the detention is not lawful.
3. Everyone who has been the victim of arrest or detention in contravention of the
provisions of this article shall have an enforceable right to compensation.

ARTICLE 6:(1)In the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a reasonable time by an
independent and impartial tribunal established by law. Judgement shall be pronounced publicly
by the press and public may be excluded from all or part of the trial in the interest of morals,
public order or national security in a democratic society, where the interests of juveniles or the
protection of the private life of the parties so require, or the extent strictly necessary in the
opinion of the court in special circumstances where publicity would prejudice the interests of
justice.(2)Everyone charged with a criminal offence shall be presumed innocent until proved
guilty according to law.

(3)Everyone charged with a criminal offence has the following minimum rights:(a) to be
informed promptly, in a language which he understands and in detail, of the nature and
cause of the accusation against him;(b) to have adequate time and the facilities for the
preparation of his defence;(c) to defend himself in person or through legal assistance of
his own choosing or, if he has not sufficient means to pay for legal assistance, to be given
it free when the interests of justice so require;(d) to examine or have examined witnesses
against him and to obtain the attendance and examination of witnesses on his behalf
under the same conditions as witnesses against him;(e) to have the free assistance of an
interpreter if he cannot understand or speak the language used in court.

ARTICLE 7:(1)No one shall be held guilty of any criminal offence on account of any act or
omission which did not constitute a criminal offence under national or international law at the
time when it was committed. Nor shall a heavier penalty be imposed than the one that was

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applicable at the time the criminal offence was committed.(2)This article shall not prejudice the
trial and punishment of any person for any act or omission which, at the time when it was
committed, was criminal according the general principles of law recognized by civilized nations.

ARTICLE 8:(1)Everyone has the right to respect for his private and family life, his home and
his correspondence.(2)There shall be no interference by a public authority with the exercise of
this right except such as is in accordance with the law and is necessary in a democratic society in
the interests of national security, public safety or the economic well-being of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for the protection of the
rights and freedoms of others.

ARTICLE 9:(1)Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion or belief, in worship, teaching,
practice and observance.(2)Freedom to manifest one's religion or beliefs shall be subject only to
such limitations as are prescribed by law and are necessary in a democratic society in the
interests of public safety, for the protection of public order, health or morals, or the protection of
the rights and freedoms of others.

ARTICLE 10:(1)Everyone has the right to freedom of expression. this right shall include
freedom to hold opinions and to receive and impart information and ideas without interference
by public authority and regardless of frontiers. This article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.(2)The exercise of these
freedoms, since it carries with it duties and responsibilities, may be subject to such formalities,
conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic
society, in the interests of national security, territorial integrity or public safety, for the
prevention of disorder or crime, for the protection of health or morals, for the protection of the
reputation or the rights of others, for preventing the disclosure of information received in
confidence, or for maintaining the authority and impartiality of the judiciary.

ARTICLE 11:(1)Everyone has the right to freedom of peaceful assembly and to freedom of
association with others, including the right to form and to join trade unions for the protection of
his interests.(2)No restrictions shall be placed on the exercise of these rights other than such as
are prescribed by law and are necessary in a democratic society in the interests of national
27 | P a g e
security or public safety, for the prevention of disorder or crime, for the protection of health or
morals or for the protection of the rights and freedoms of others. this article shall not prevent the
imposition of lawful restrictions on the exercise of these rights by members of the armed forces,
of the police or of the administration of the State.

ARTICLE 12:Men and women of marriageable age have the right to marry and to found a
family, according to the national laws governing the exercise of this right.

ARTICLE 13:Everyone whose rights and freedoms as set forth in this Convention are violated
shall have an effective remedy before a national authority notwithstanding that the violation has
been committed by persons acting in an official capacity.

ARTICLE 14:The enjoyment of the rights and freedoms set forth in this Convention shall be
secured without discrimination on any ground such as sex, race, colour, language, religion,
political or other opinion, national or social origin, association with a national minority, property,
birth or other status.

ARTICLE 15:(1)In time of war or other public emergency threatening the life of the nation any
High Contracting Party may take measures derogating from its obligations under this Convention
to the extent strictly required by the exigencies of the situation, provided that such measures are
not inconsistent with its other obligations under international law.(2)No derogation from Article
2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph
1) and 7 shall be made under this provision.(3)Any High Contracting Party availing itself of this
right of derogation shall keep the Secretary-General of the Council of Europe fully informed of
the measures which it has taken and the reasons therefor. It shall also inform the Secretary-
General of the Council of Europe when such measures have ceased to operate and the provisions
of the Convention are again being fully executed.

ARTICLE 16:Nothing in Articles 10, 11, and 14 shall be regarded as preventing the High
Contracting Parties from imposing restrictions on the political activity of aliens.

ARTICLE 17:Nothing in this Convention may be interpreted as implying for any State, group
or person any right to engage in any activity or perform any act aimed at the destruction on any

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of the rights and freedoms set forth herein or at their limitation to a greater extent than is
provided for in the Convention.

ARTICLE 18:The restrictions permitted under this Convention to the said rights and freedoms
shall not be applied for any purpose other than those for which they have been prescribed.

Qus: Write A Note On American Convention On Human Rights.(Or) What Are The
Human Rights Provided Under American Convention On Human Rights.
ANS: American Convention on Human Rights. (Adopted at the Inter-American Specialized
Conference on Human Rights, San José, Costa Rica, 22 November 1969)

Preamble:The American states signatory to the present Convention,(1)Reaffirming their

intention to consolidate in this hemisphere, within the framework of democratic institutions, a
system of personal liberty and social justice based on respect for the essential rights of
man;(2)Recognizing that the essential rights of man are not derived from one's being a national
of a certain state, but are based upon attributes of the human personality, and that they therefore
justify international protection in the form of a convention reinforcing or complementing the
protection provided by the domestic law of the American states;(3)Considering that these
principles have been set forth in the Charter of the Organization of American States, in the
American Declaration of the Rights and Duties of Man, and in the Universal Declaration of
Human Rights, and that they have been reaffirmed and refined in other international instruments,
worldwide as well as regional in scope;(4)Reiterating that, in accordance with the Universal
Declaration of Human Rights, the ideal of free men enjoying freedom from fear and want can be
achieved only if conditions are created whereby everyone may enjoy his economic, social, and
cultural rights, as well as his civil and political rights; and(5)Considering that the Third Special
Inter-American Conference (Buenos Aires, 1967) approved the incorporation into the Charter of
the Organization itself of broader standards with respect to economic, social, and educational
rights and resolved that an inter-American convention on human rights should determine the
structure, competence, and procedure of the organs responsible for these matters,

There are following human rights:

Article 1. Obligation to Respect Rights(1)The States Parties to this Convention undertake to

respect the rights and freedoms recognized herein and to ensure to all persons subject to their

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jurisdiction the free and full exercise of those rights and freedoms, without any discrimination
for reasons of race, color, sex, language, religion, political or other opinion, national or social
origin, economic status, birth, or any other social condition.(2) For the purposes of this
Convention, "person" means every human being.

Article 2. Domestic Legal Effects:Where the exercise of any of the rights or freedoms referred
to in Article 1 is not already ensured by legislative or other provisions, the States Parties
undertake to adopt, in accordance with their constitutional processes and the provisions of this
Convention, such legislative or other measures as may be necessary to give effect to those rights
or freedoms.

Article 3. Right to Juridical Personality:Every person has the right to recognition as a person
before the law.

Article 4. Right to Life:(1)Every person has the right to have his life respected. This right shall
be protected by law and, in general, from the moment of conception. No one shall be arbitrarily
deprived of his life.(2) In countries that have not abolished the death penalty, it may be imposed
only for the most serious crimes and pursuant to a final judgment rendered by a competent court
and in accordance with a law establishing such punishment, enacted prior to the commission of
the crime. The application of such punishment shall not be extended to crimes to which it does
not presently apply.(3) The death penalty shall not be reestablished in states that have abolished
it.(4) In no case shall capital punishment be inflicted for political offenses or related common
crimes.(5)Capital punishment shall not be imposed upon persons who, at the time the crime was
committed, were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant
women.(6) Every person condemned to death shall have the right to apply for amnesty, pardon,
or commutation of sentence, which may be granted in all cases. Capital punishment shall not be
imposed while such a petition is pending decision by the competent authority.

Article 5. Right to Humane Treatment:(1)Every person has the right to have his physical,
mental, and moral integrity respected.(2) No one shall be subjected to torture or to cruel,
inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be
treated with respect for the inherent dignity of the human person.(3) Punishment shall not be
extended to any person other than the criminal(4) Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons, and shall be subject to separate treatment
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appropriate to their status as unconvicted persons(5)Minors while subject to criminal
proceedings shall be separated from adults and brought before specialized tribunals, as speedily
as possible, so that they may be treated in accordance with their status as minor(6)Punishments
consisting of deprivation of liberty shall have as an essential aim the reform and social
readaptation of the prisoners.

Article 6. Freedom from Slavery :( 1)No one shall be subject to slavery or to involuntary
servitude, which are prohibited in all their forms, as are the slave trade and traffic in women.(2)
No one shall be required to perform forced or compulsory labor. This provision shall not be
interpreted to mean that, in those countries in which the penalty established for certain crimes is
deprivation of liberty at forced labor, the carrying out of such a sentence imposed by a competent
court is prohibited. Forced labor shall not adversely affect the dignity or the physical or
intellectual capacity of the prisoner. (3) For the purposes of this article, the following do not
constitute forced or compulsory labor :( a). Work or service normally required of a person
imprisoned in execution of a sentence or formal decision passed by the competent judicial
authority. Such work or service shall be carried out under the supervision and control of public
authorities, and any persons performing such work or service shall not be placed at the disposal
of any private party, company, or juridical person;(b) military service and, in countries in which
conscientious objectors are recognized, national service that the law may provide for in lieu of
military service;(c) service exacted in time of danger or calamity that threatens the existence or
the well-being of the community; or

(d) Work or service that forms part of normal civic obligations.

Article 7. Right to Personal Liberty:(1) Every person has the right to personal liberty and
security.(2)No one shall be deprived of his physical liberty except for the reasons and under the
conditions established beforehand by the constitution of the State Party concerned or by a law
established pursuant thereto(3)No one shall be subject to arbitrary arrest or imprisonment.(4)
Anyone who is detained shall be informed of the reasons for his detention and shall be promptly
notified of the charge or charges against him.(5)Any person detained shall be brought promptly
before a judge or other officer authorized by law to exercise judicial power and shall be entitled
to trial within a reasonable time or to be released without prejudice to the continuation of the
proceedings. His release may be subject to guarantees to assure his appearance for

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trial.(6)Anyone who is deprived of his liberty shall be entitled to recourse to a competent court,
in order that the court may decide without delay on the lawfulness of his arrest or detention and
order his release if the arrest or detention is unlawful. In States Parties whose laws provide that
anyone who believes himself to be threatened with deprivation of his liberty is entitled to
recourse to a competent court in order that it may decide on the lawfulness of such threat, this
remedy may not be restricted or abolished. The interested party or another person in his behalf is
entitled to seek these remedies.(7)No one shall be detained for debt. This principle shall not limit
the orders of a competent judicial authority issued for nonfulfillment of duties of support.

Article 8. Right to a Fair Trial:(1) Every person has the right to a hearing, with due guarantees
and within a reasonable time, by a competent, independent, and impartial tribunal, previously
established by law, in the substantiation of any accusation of a criminal nature made against him
or for the determination of his rights and obligations of a civil, labor, fiscal, or any other
nature.(2)Every person accused of a criminal offense has the right to be presumed innocent so
long as his guilt has not been proven according to law. During the proceedings, every person is
entitled, with full equality, to the following minimum guarantees(a) the right of the accused to be
assisted without charge by a translator or interpreter, if he does not understand or does not speak
the language of the tribunal or court;(b) prior notification in detail to the accused of the charges
against him;(c)adequate time and means for the preparation of his defense;(d)the right of the
accused to defend himself personally or to be assisted by legal counsel of his own choosing, and
to communicate freely and privately with his counsel;(e) the inalienable right to be assisted by
counsel provided by the state, paid or not as the domestic law provides, if the accused does not
defend himself personally or engage his own counsel within the time period established by law;
(f) the right of the defense to examine witnesses present in the court and to obtain the
appearance, as witnesses, of experts or other persons who may throw light on the facts;(g)the
right not to be compelled to be a witness against himself or to plead guilty; and(h) the right to
appeal the judgment to a higher court(3)A confession of guilt by the accused shall be valid only
if it is made without coercion of any kind.(4) An accused person acquitted by a nonappealable
judgment shall not be subjected to a new trial for the same cause.(5)Criminal proceedings shall
be public, except insofar as may be necessary to protect the interests of justice.

Article 9. Freedom from Ex Post Facto Laws:No one shall be convicted of any act or omission
that did not constitute a criminal offense, under the applicable law, at the time it was committed.

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A heavier penalty shall not be imposed than the one that was applicable at the time the criminal
offense was committed. If subsequent to the commission of the offense the law provides for the
imposition of a lighter punishment, the guilty person shall benefit therefrom.

Article 10. Right to Compensation: Every person has the right to be compensated in
accordance with the law in the event he has been sentenced by a final judgment through a
miscarriage of justice.

Article 11. Right to Privacy:(1) Everyone has the right to have his honor respected and his
dignity recognized (2) No one may be the object of arbitrary or abusive interference with his
private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or
reputation.(3)Everyone has the right to the protection of the law against such interference or
attacks.

Article 12. Freedom of Conscience and Religion :( 1) everyone has the right to freedom of
conscience and of religion. This right includes freedom to maintain or to change one's religion or
beliefs, and freedom to profess or disseminate one's religion or beliefs, either individually or
together with others, in public or in private.(2)No one shall be subject to restrictions that might
impair his freedom to maintain or to change his religion or beliefs.(3)Freedom to manifest one's
religion and beliefs may be subject only to the limitations prescribed by law that are necessary to
protect public safety, order, health, or morals, or the rights or freedoms of others.(4)Parents or
guardians, as the case may be, have the right to provide for the religious and moral education of
their children or wards that is in accord with their own convictions.

Article 13. Freedom of Thought and Expression :(1)Everyone has the right to freedom of
thought and expression. This right includes freedom to seek, receive, and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or
through any other medium of one's choice.(2)The exercise of the right provided for in the
foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent
imposition of liability, which shall be expressly established by law to the extent necessary to
ensure(a) respect for the rights or reputations of others; or(b)the protection of national security,
public order, or public health or morals.(3)The right of expression may not be restricted by
indirect methods or means, such as the abuse of government or private controls over newsprint,
radio broadcasting frequencies, or equipment used in the dissemination of information, or by any
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other means tending to impede the communication and circulation of ideas and
opinions.(4)Notwithstanding the provisions of paragraph 2 above, public entertainments may be
subject by law to prior censorship for the sole purpose of regulating access to them for the moral
protection of childhood and adolescence.(5)Any propaganda for war and any advocacy of
national, racial, or religious hatred that constitute incitements to lawless violence or to any other
similar action against any person or group of persons on any grounds including those of race,
color, religion, language, or national origin shall be considered as offenses punishable by law.

Article 14. Right of Reply:(1)Anyone injured by inaccurate or offensive statements or ideas

disseminated to the public in general by a legally regulated medium of communication has the
right to reply or to make a correction using the same communications outlet, under such
conditions as the law may establish.(2)The correction or reply shall not in any case remit other
legal liabilities that may have been incurred.(3)For the effective protection of honor and
reputation, every publisher, and every newspaper, motion picture, radio, and television company,
shall have a person responsible who is not protected by immunities or special privileges.

Article 15. Right of Assembly: The right of peaceful assembly, without arms, is recognized. No
restrictions may be placed on the exercise of this right other than those imposed in conformity
with the law and necessary in a democratic society in the interest of national security, public
safety or public order, or to protect public health or morals or the rights or freedom of others.

Article 16. Freedom of Association(1) Everyone has the right to associate freely for
ideological, religious, political, economic, labor, social, cultural, sports, or other purposes.(2)The
exercise of this right shall be subject only to such restrictions established by law as may be
necessary in a democratic society, in the interest of national security, public safety or public
order, or to protect public health or morals or the rights and freedoms of others.(3)The provisions
of this article do not bar the imposition of legal restrictions, including even deprivation of the
exercise of the right of association, on members of the armed forces and the police.

Article 17. Rights of the Family:(1)The family is the natural and fundamental group unit of
society and is entitled to protection by society and the state.(2)The right of men and women of
marriageable age to marry and to raise a family shall be recognized, if they meet the conditions
required by domestic laws, insofar as such conditions do not affect the principle of
nondiscrimination established in this Convention.(3)No marriage shall be entered into without
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the free and full consent of the intending spouses.(4)The States Parties shall take appropriate
steps to ensure the equality of rights and the adequate balancing of responsibilities of the spouses
as to marriage, during marriage, and in the event of its dissolution. In case of dissolution,
provision shall be made for the necessary protection of any children solely on the basis of their
own best interests.(5)The law shall recognize equal rights for children born out of wedlock and
those born in wedlock.

Article 18. Right to a Name: Every person has the right to a given name and to the surnames of
his parents or that of one of them. The law shall regulate the manner in which this right shall be
ensured for all, by the use of assumed names if necessary.

Article 19. Rights of the Child: Every minor child has the right to the measures of protection
required by his condition as a minor on the part of his family, society, and the state.

Article 20. Right to Nationality:(1) Every person has the right to a nationality.(2) Every person
has the right to the nationality of the state in whose territory he was born if he does not have the
right to any other nationality.(3)No one shall be arbitrarily deprived of his nationality or of the
right to change it.

Article 21. Right to Property :(1)Everyone has the right to the use and enjoyment of his
property. The law may subordinate such use and enjoyment to the interest of society.(2)No one
shall be deprived of his property except upon payment of just compensation, for reasons of
public utility or social interest, and in the cases and according to the forms established by
law.(3)Usury and any other form of exploitation of man by man shall be prohibited by law.

Article 22. Freedom of Movement and Residence:(1)Every person lawfully in the territory of a
State Party has the right to move about in it, and to reside in it subject to the provisions of the
law.(2)Every person has the right lo leave any country freely, including his own.(3)The exercise
of the foregoing rights may be restricted only pursuant to a law to the extent necessary in a
democratic society to prevent crime or to protect national security, public safety, public order,
public morals, public health, or the rights or freedoms of others.(4)The exercise of the rights
recognized in paragraph 1 may also be restricted by law in designated zones for reasons of public
interest.(5)No one can be expelled from the territory of the state of which he is a national or be
deprived of the right to enter it.(6)An alien lawfully in the territory of a State Party to this

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Convention may be expelled from it only pursuant to a decision reached in accordance with
law.(7)Every person has the right to seek and be granted asylum in a foreign territory, in
accordance with the legislation of the state and international conventions, in the event he is being
pursued for political offenses or related common crimes(8) no case may an alien be deported or
returned to a country, regardless of whether or not it is his country of origin, if in that country his
right to life or personal freedom is in danger of being violated because of his race, nationality,
religion, social status, or political opinions.(9)The collective expulsion of aliens is prohibited.

Article 23. Right to Participate in Government:(1)Every citizen shall enjoy the following
rights and opportunities(a)to take part in the conduct of public affairs, directly or through freely
chosen representatives;(b)to vote and to be elected in genuine periodic elections, which shall be
by universal and equal suffrage and by secret ballot that guarantees the free expression of the
will of the voters; and(c)to have access, under general conditions of equality, to the public
service of his country.(2)The law may regulate the exercise of the rights and opportunities
referred to in the preceding paragraph only on the basis of age, nationality, residence, language,
education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.

Article 24. Right to Equal Protection: All persons are equal before the law. Consequently, they
are entitled, without discrimination, to equal protection of the law.

Article 25. Right to Judicial Protection:(1)Everyone has the right to simple and prompt
recourse, or any other effective recourse, to a competent court or tribunal for protection against
acts that violate his fundamental rights recognized by the constitution or laws of the state
concerned or by this Convention, even though such violation may have been committed by
persons acting in the course of their official duty.(2)The States Parties undertake(a)to ensure that
any person claiming such remedy shall have his rights determined by the competent authority
provided for by the legal system of the state;(b)to develop the possibilities of judicial remedy;
and(c)to ensure that the competent authorities shall enforce such remedies when granted.

Article 26. Progressive Development: The States Parties undertake to adopt measures, both
internally and through international cooperation, especially those of an economic and technical
nature, with a view to achieving progressively, by legislation or other appropriate means, the full
realization of the rights implicit in the economic, social, educational, scientific, and cultural

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standards set forth in the Charter of the Organization of American States as amended by the
Protocol of Buenos Aires.

Article 27. Suspension of Guarantee:(1)In time of war, public danger, or other emergency that
threatens the independence or security of a State Party, it may take measures derogating from its
obligations under the present Convention to the extent and for the period of time strictly required
by the exigencies of the situation, provided that such measures are not inconsistent with its other
obligations under international law and do not involve discrimination on the ground of race,
color, sex, language, religion, or social origin.(2)The foregoing provision does not authorize any
suspension of the following articles: Article 3 (Right to Juridical Personality), Article 4 (Right to
Life), Article 5 (Right to Humane Treatment), Article 6 (Freedom from Slavery), Article 9
(Freedom from Ex Post FactoLaws), Article 12 (Freedom of Conscience and Religion), Article
17 (Rights of the Family), Article 18 (Right to a Name), Article 19 (Rights of the Child), Article
20 (Right to Nationality), and Article 23 (Right to Participate in Government), or of the judicial
guarantees essential for the protection of such rights.(3)Any State Party availing itself of the
right of suspension shall immediately inform the other States Parties, through the Secretary
General of the Organization of American States, of the provisions the application of which it has
suspended, the reasons that gave rise to the suspension, and the date set for the termination of
such suspension.

Article 28. Federal Clause(1)Where a State Party is constituted as a federal state, the national
government of such State Party shall implement all the provisions of the Convention over whose
subject matter it exercises legislative and judicial jurisdiction.(2) With respect to the provisions
over whose subject matter the constituent units of the federal state have jurisdiction, the national
government shall immediately take suitable measures, in accordance with its constitution and its
laws, to the end that the competent authorities of the constituent units may adopt appropriate
provisions for the fulfillment of this Convention.(3)Whenever two or more States Parties agree to
form a federation or other type of association, they shall take care that the resulting federal or
other compact contains the provisions necessary for continuing and rendering effective the
standards of this Convention in the new state that is organized.

Article 29. Restrictions Regarding Interpretation provision of this Convention shall be

interpreted as(a) permitting any State Party, group, or person to suppress the enjoyment or

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exercise of the rights and freedoms recognized in this Convention or to restrict them to a greater
extent than is provided for herein;(b)restricting the enjoyment or exercise of any right or freedom
recognized by virtue of the laws of any State Party or by virtue of another convention to which
one of the said states is a party.(c)precluding other rights or guarantees that are inherent in the
human personality or derived from representative democracy as a form of government;
or,(d)excluding or limiting the effect that the American Declaration of the Rights and Duties of
Man and other international acts of the same nature may have.

Article 30. Scope of Restrictions: The restrictions that, pursuant to this Convention, may be
placed on the enjoyment or exercise of the rights or freedoms recognized herein may not be
applied except in accordance with laws enacted for reasons of general interest and in accordance
with the purpose for which such restrictions have been established.

Article 31. Recognition of Other Rights: Other rights and freedoms recognized in accordance
with the procedures established in Articles 76 and 77 may be included in the system of protection
of this Convention.

Article 32. Relationship between Duties and Rights:(1)Every person has responsibilities to his
family, his community, and mankind.(2)The rights of each person are limited by the rights of
others, by the security of all, and by the just demands of the general welfare, in a democratic
society.

(MEANS OF PROTECTION) COMPETENT ORGANS ( ARTICLE:33)

The following organs shall have competence with respect to matters relating to the
fulfillment of the commitments made by the States Parties to this Convention:(a.)the Inter-
American Commission on Human Rights, referred to as "The Commission;" and(b)the Inter-
American Court of Human Rights, referred to as "The Court."----------------------------

Quest: WhatAre Human Rights?

Ans:Human rights are rights inherent to all human beings, regardless of gender, nationality,
place of residency, sex, ethnicity, religion, color or and other categorization. Thus, human rights
are non-discriminatory, meaning that all human beings are entitled to them and cannot be
excluded from them. Of course, while all human beings are entitled to human rights, not all

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human beings experience them equally throughout the world. Many governments and individuals
ignore human rights Sand grossly exploit other human beings.

There are a variety of human rights, including(1)Civil rights (such as the rights to life, liberty and
security),(2)Political rights (like rights to the protection of the law and equality before the
law),(3)Economic rights (including rights to work, to own property and to receive equal
pay),(4)Social rights (like rights to education and consenting marriages),(5)Cultural rights
(including the right to freely participate in their cultural community), and(6)Collective rights
(like the right to self-determination).

Slavery is a Violation of Human Rights

Slavery, forced labor and human trafficking are violations of human rights because these acts
strip human beings of their inherent rights. In fact, the Universal Declaration of Human
Rights explicitly references slavery, stating in Article 4: No one shall be held in slavery or
servitude; slavery and the slave trade shall be prohibited in all their forms.
Slavers and human traffickers grossly violate human rights since they claim ownership, labor
and/or the humanity of another human being. The human rights most relevant to trafficking are:
(1)The prohibition of discrimination on the basis of race, color, sex, language, religion, political
or other opinion, national or social origin, property, birth, or other status;
(2)The right to life;
(3)The right to liberty and security;
(4)The right not to be submitted to slavery, servitude, forced labor or bonded labor;
(5)The right not to be subjected to torture and/or cruel, inhuman, degrading treatment or
punishment;
(6)The right to be free from gendered violence;
(7)The right to freedom of association;
(7)The right to freedom of movement;
(8)The right to the highest attainable standard of physical and mental health;
(9)The right to just and favorable conditions of work;
(10)The right to an adequate standard of living
(11)The right to social security; and
(12)The right of children to special protection.

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Human Rights for Women and Girls

Many organizations and governments worldwide focus on improving the status of women and
girls. According to the International Labour Organization, 11.4 million women and girls are
victims of forced labor in different forms including debt bondage, trafficking and forced
prostitution. As

When women and girls are enslaved or trafficked, they do not have access to programs aimed at
wome Trafficked and enslaved women and girls oftentimes do
not attend school. Many times these women and girls are illiterate(2)Trafficked and enslaved
women and girls face gross sexual violence, whether in forced prostitution, forced marriage or
during forced physical labor.(3)Trafficked and enslaved women and girls are subject to domestic
violence.(4)Trafficked and enslaved women and girls do not have access to reproductive and
maternal health. The physical and sexual abuse of their exploitation leads to many early
pregnancies, forced abortions and exposure to HIV and other diseases.(5)Trafficked and
enslaved women and girls do not have access to healthcare.(6)Trafficked and enslaved women
and girls often face critical malnutrition.(7)Trafficked and enslaved women and girls do not have
access to anti-poverty programs, micro-loans or other economic development initiatives, leaving
them dependent on their exploiters. -------------------------------------------
-----

Quest: WhatAre Characteristics Of Human Rights?

Ans:Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all
equally entitled to our human rights without discrimination. These rights are all interrelated,
interdependent and indivisible.

Universal human rights are often expressed and guaranteed by law, in the forms of treaties,
customary international law , general principles and other sources of international law.
International human rights law lays down obligations of Governments to act in certain ways or to

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refrain from certain acts, in order to promote and protect human rights and fundamental
freedoms of individuals or groups.

There Are Following Essential Features Of Human Rights:

(1)Universal and inalienable:The principle of universality of human rights is the cornerstone of

international human rights law. This principle, as first emphasized in the Universal Declaration
on Human Rights in 1948, has been reiterated in numerous international human rights
conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human
Rights, for example, noted that it is the duty of States to promote and protect all human rights
and fundamental freedoms, regardless of their political, economic and cultural systems.

All States have ratified at least one, and 80% of States have ratified four or more, of the core
human rights treaties, reflecting consent of States which creates legal obligations for them and
giving concrete expression to universality. Some fundamental human rights norms enjoy
universal protection by customary international law across all boundaries and
civilizations.Human rights are inalienable. They should not be taken away, except in specific
situations and according to due process. For example, the right to liberty may be restricted if a
person is found guilty of a crime by a court of law.

(2)Interdependent and indivisible:All human rights are indivisible, whether they are civil and
political rights, such as the right to life, equality before the law and freedom of expression;
economic, social and cultural rights, such as the rights to work, social security and education , or
collective rights, such as the rights to development and self-determination, are indivisible,
interrelated and interdependent. The improvement of one right facilitates advancement of the
others. Likewise, the deprivation of one right adversely affects the others.

(3)Equal and non-discriminatory: NON-discrimination is a cross-cutting principle in

international human rights law. The principle is present in all the major human rights treaties and
provides the central theme of some of international human rights conventions such as the
International Convention on the Elimination of All Forms of Racial Discrimination and the
Convention on the Elimination of All Forms of Discrimination against Women. The principle
applies to everyone in relation to all human rights and freedoms and it prohibits discrimination
on the basis of a list of non-exhaustive categories such as sex, race, colour and so on. The

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principle of non-discrimination is complemented by the principle of equality, as stated in Article
ree and equal in

(4)Both Rights and Obligations: Human rights entail both rights and obligations. States assume
obligations and duties under international law to respect, to protect and to fulfil human rights.
The obligation to respect means that States must refrain from interfering with or curtailing the
enjoyment of human rights. The obligation to protect requires States to protect individuals and
groups against human rights abuses. The obligation to fulfil means that States must take positive
action to facilitate the enjoyment of basic human rights. At the individual level, while we are
entitled our human rights, we should also respect the human rights of others.

Quest: DefinitionofHuman Rights in Characteristics. And Types India:

Ans:The study of human rights has assumed very significance as these are considered essential
for the existence of human beings. International community has become conscious of their
protection in the post-second world war period. The UNO has provided a concrete form these
rights with its Declaration on Human Rights on 10 th December 1948. The member-nations were
asked to promote and secure the effective recognition and observance of the rights and freedom
as declared in the U.N. Declaration on Human Rights. All member states observe 10 th December
as the Human Rights Day.It is very difficult to define the human right as there is no universally
acceptable conception of it. Each individual must have some rights not only to survive in the
community, but also to make the life better. In this sense rights are basic freedom that all people
should have. A.A. Said observes that human rights are concerned with the dignity of the
individual the level of self-esteem that secure personal identity and promotes human
community.
Thus, while some of the human rights are essential for the very existence of the human beings,
others are necessary for the development of individual personality. S.C. Kashyap points out that
these rights are essential for the adequate development of the human personality and for human

inhabiting any part of the world should be deemed entitled merely by virtue of having been born

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Characteristics of Human Rights: The main characteristic features of human rights may be
analyzed in the following manner:
1. Human rights imply that everyone should have them. People do not enjoy them as the member
of a particular nation or of a community, rather as the member of the human society. So human
rights are universally applicable to all without any discrimination on the grounds of caste, class,
color, sex, religion etc.

2. Human rights, as a comprehensive whole, include socioeconomic, civil, political, cultural

rights which are deemed to be essential for the human beings to lead a life of dignity.

3. Human rights are justiciable. They cover legal rights protected by the law of the state. They
also cover fundamental rights as incorporated in the constitution of the land and they enjoy
judicial enforcement.

4. Human rights are not absolute. Like all rights, they may also be restricted in the interest of
public peace, social decency, political security and the like.

5. Human beings cannot stay without the enjoyment of human rights. All of them possess these
rights as the members of the human society. Since some people are ignorant of these rights, they
must be taught about these opportunities. They only can lead a life of peace, security and dignity
with the growing consciousness of these rights.

Types of Human Rights:

The Universal Declaration of Human Rights has guaranteed a number of rights which can
be classified as follows:(a) Social or Civil Human Rights:All human beings are entitled to:
(1) The right to life, liberty and security of persons (2) Right to freedom from slavery and
servitude

(3) Right to freedom from torture or cruel, inhuman or degrading treatment or punishment (4)
Right to freedom from arbitrary interference with privacy, family, home or correspondence (5)
Right to marry and have family and right to property.

(b) Political Human Rights:To take part in the political process, all human beings are
provided with some rights such as:(1) Right to nationality(2) Right to equality before law and

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equal protection of law(3) Right to judicial remedies, fair trial and freedom from arbitrary arrest,
detention or exile(4) Right to freedom of thought, expression, belief, faith, conscience and
religion(5) Right to freedom of peaceful assembly and association(6) Right to take part in
government affairs and equal access to public service(7) Right to equal suffrage
(8) Right to freedom of movement and right of asylum etc.

(c) Economic Human Rights:To ensure the economic interest of the human being, UNO
also provides certain economic rights, such as:(1) Right to social security(2) Right to work
and the right to equal pay for equal work(3) Right to form trade unions(4) Right to rest and
leisure(5) Right to food, health and adequate standard of living.
(d) Cultural Human Rights:For the protection of the various types of cultures, traditions and
customs of the human being, the Declaration of Human Rights also provides certain rights, such
as:(1) Right to participate in the cultural life of the community,(2) Right to enjoy the art and to
share in the scientific advancement and its benefits(3) Right to the protection of the moral and
material interests resulting from any scientific, literary and artistic production of which the
individual is the author(4) Right to a social and international order in which the human rights as
provided in the Universal Declaration can be fully realized.The Declaration also imposes the
responsibility that all individuals, nations and international bodies to respect and observe these
human rights. But abuses of human rights are often found in many countries of the world. Racial
discriminations, establishment of military rules, militant nationalism and terrorist activities are
directly hindering the human rights. UNO is a body of sovereign nation-states and its charter
prohibits interference in the domestic affairs of any member-state.The provisions of the
Universal Declaration of Human Rights do not allow individuals to come forward with any
complaint of the violation of human rights. For the enforcement of human rights the UNO has
established the Human Rights Commission at Geneva with a number of branches in different
countries of the world.-----------------------------------------------------

Quest: what do you understand by NCW write a note on It.?

Ans;The National Commission for Women (NCW) is a statutory body of the Government of
India, generally concerned with advising the government on all policy matters affecting women.
It was established in January 1992 under the provisions of the Indian Constitution, as defined in

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the 1990 National Commission for Women Act. The first head of the commission was Jayanti
Patnaik. On 29 September 2014 Lalitha Kumaramangalam was appointed Chairperson.

Activities The objective of the NCW is to represent the rights of women in India and to provide
a voice for their issues and concerns. The subjects of their campaigns have included dowry,
politics, religion, equal representation for women in jobs, and the exploitation of women for
labour. They have also discussed police abuses against women.The commission regularly
publishes a monthly newsletter, Rashtra Mahila in both Hindi and English.

Section 497 of the Indian Penal Code In December 2006 and January 2007, the NCW found
itself at the center of a minor controversy over its insistence that Section 497 [6] of the Indian
Penal Code not be changed to make adulterous wives equally prosecutable by their
husbands.4But the grounds on which Ms. Vyas resists the logic of making this a criminal offence
particularly for women, as often recommended are not as encouraging. She is averse to
holding the adulterous woman equally culpable as the adulterous man because women, she
believes, are never offenders. They are always the victims.The NCW has demanded that women
should not be punished for adultery, as a woman is "the victim and not an offender" in such
cases. They have also advocated the amendment of Section 198 of the CrPC to allow women to
file complaints against unfaithful husbands and prosecute them for their promiscuous behaviour.
This was in response to "loopholes" in the Indian Penal code that allowed men to file adultery
charges against other men who have engaged in illicit relations but does not allow women to file
charges against their husbandsThe Commission has also worked to guarantee women security in
unconventional relationshipMangalore pub attack controversyMain article: 2009 Mangalore
pub attackThe NCW came under sharp criticism for their response to the attack by forty male
members of the Hindu right-wing Sri Ram Sena on eight women in a bar in Mangalore in late
January 2009. Video from the attack shows the women were punched, pulled by their hair, and
thrown out of the pub.NCW member Smt Nirmala Venkatesh was sent to assess the situation,
and said in an interview that the pub did not have adequate security and that the women should
have protected themselves. Venkatesh said, "If the girls feel they were not doing anything wrong
why are they afraid to come forward and give a statement?" [11] On 6 February, the NCW said
they decided not to accept Venkatesh's report but would not be sending a new team to
Mangalore. On 27 February, The Prime Minister's Office approved the removal of Nirmala
Venkatesh on disciplinary grounds.[12]Guwahati molestation controversy Main article: 2012

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Guwahati molestation caseThe NCW came under fire again after the molestation of a 17-year-
old girl by a gang of men outside a pub in Guwahati on 9 July 2012. NCW member Alka
Lamba was accused of leaking the name of the minor victim to the media, and was subsequently
removed from the fact-finding committee, though she remains a member of the
commission.[13] The following week, NCW chairperson Mamta Sharma made comments
suggesting that women "be careful how you dress", which invited criticism that she was guilty
of victim blaming. The controversy led activists to call for a restructuring of the commission.

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