Q1.

Discuss the structure, functions and powers of National Human Rights

Commission. What role has it played in protecting Human rights in India? (2024,
2023, 2022)

Discuss the Structure, Functions, and Powers of the National Human Rights
Commission (NHRC). What Role Has it Played in Protecting Human Rights in India?

Introduction: Understanding Human Rights

Human rights are the basic rights and freedoms that belong to every person in the world, from
birth until death. These rights apply irrespective of where you are from, what you believe, or how
you choose to live your life. They can never be taken away, although they can sometimes be
restricted — for example, if a person breaks the law, or in the interests of national security.

Definition of Human Rights:

The Protection of Human Rights Act, 1993 defines "Human Rights" under Section 2(1)(d) as:
"Human rights means the rights relating to life, liberty, equality, and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants and enforceable by
courts in India."
Human rights include civil, political, economic, social, and cultural rights which are
indispensable for the holistic development of human beings.

Genesis of the NHRC:

India is committed to the protection and promotion of human rights both nationally and
internationally. To ensure that human rights are not just ideals but realities, the Government of
India established the National Human Rights Commission (NHRC) under the Protection of
Human Rights Act, 1993.
The NHRC was formally established on 12th October 1993 and has played a crucial role in
shaping India’s human rights landscape ever since.

Structure of the National Human Rights Commission

The NHRC is an autonomous, statutory body that operates independently of the government,
ensuring impartiality in the protection of human rights.

Composition of NHRC (Section 3 of the Protection of Human Rights Act, 1993)

The Commission is composed of:

Position Eligibility Criteria

Chairperson A former Chief Justice of India

Member (Judicial) A former Judge of the Supreme Court

Member (Judicial) A former Chief Justice of a High Court

Two other Members Persons having knowledge of or practical experience in human rights

Ex-officio Members Chairpersons of four National Commissions: SC, ST, Minorities, Women

Appointment Process:
Under Section 4, the appointment is made by the President of India on the recommendation of a
committee consisting of:
1. Prime Minister (Chairperson),
2. Speaker of the Lok Sabha,
3. Deputy Chairman of Rajya Sabha,
4. Leaders of Opposition in both Houses.
This structure ensures that the appointment process is balanced, bipartisan, and democratic.

Tenure & Removal:

 Tenure: 3 years or until the age of 70, whichever is earlier.
 Members can be removed by the President on proven misbehavior or incapacity, after an
inquiry by the Supreme Court.

Organizational Hierarchy of NHRC

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[ Chairperson (Ex-CJI) ]
↓
[ Judicial & Expert Members ]
 ↓
[ Secretary-General ]
↓
[ Division Heads - Law, Investigation, Administration, Training ]
This clear vertical structure ensures streamlined functioning and accountability at every level.

Functions of NHRC
The functions of NHRC are detailed under Section 12 of the Protection of Human Rights Act,
1993. The main functions include:

1. Inquiry into Human Rights Violations

NHRC can investigate complaints filed by victims, NGOs, or suo-motu cases regarding:
 Police brutality
 Custodial deaths
 Fake encounters
 Social injustices

2. Review of Constitutional Safeguards

NHRC reviews and recommends:
 Amendments in laws and policies that are inconsistent with human rights.
 Gaps in the constitutional framework affecting human rights.

3. Court Intervention
With court permission, NHRC can intervene in any pending judicial proceedings related to
human rights violations.

4. Inspection of Detention Places

It can inspect:
 Prisons
 Detention centers
 Juvenile homes To assess living conditions and adherence to human rights standards.

5. Promoting Human Rights Awareness

NHRC organizes:
 Seminars
 Workshops
 Publications
To foster human rights culture in educational institutions and the general public.

6. Research and Advocacy

NHRC conducts and promotes research in human rights and collaborates with NGOs, UN
bodies, and state governments.

Powers of NHRC
Although the NHRC does not possess enforcement powers, it plays a strong advisory role, armed
with quasi-judicial powers:

1. Civil Court Powers (Section 13)

While inquiring into complaints, NHRC can:
 Summon and enforce the attendance of witnesses.
 Require the discovery and production of any document.
 Receive evidence on affidavits.
 Requisition any public record from any court or office.

2. Suo Motu Cognizance

The NHRC can act:
 Suo Motu (on its own initiative),
 On a petition filed by a victim or any person on his/her behalf,
 On a directive from the court.

3. Recommendations to Government
It can suggest:
 Compensation for victims.
 Disciplinary action against erring officers.
 Law and policy reforms to prevent future violations.
However, its recommendations are not binding, but government agencies are expected to act on
them and submit compliance reports.

Relevant Provisions at a Glance

Provision Subject

Section 2(1)(d) Definition of Human Rights

Section 3 Composition of NHRC

Section 4 Appointment of Members

Section 12 Functions of NHRC

Section 13 Powers of NHRC equivalent to Civil Court

Section 14 Power to seek help from officers and investigative agencies

Illustration: Custodial Death Case

Consider a case where a person dies under suspicious circumstances in police custody. The
NHRC has the power to initiate a suo motu inquiry and recommend:
 An independent investigation.
 Adequate compensation for the family.
 Prosecution of the responsible police personnel.
 Suggestions for systemic reforms to avoid such incidents.
This showcases NHRC’s important preventive and remedial role.

Landmark Case Laws on NHRC's Role

1. D.K. Basu v. State of West Bengal (1997)

 The Supreme Court laid down guidelines to prevent custodial torture.
 NHRC became instrumental in monitoring compliance with these guidelines.

2. People's Union for Civil Liberties (PUCL) v. Union of India (1997)

  Concerned phone tapping and surveillance, violating privacy rights.
 NHRC emphasized the need for procedural safeguards to prevent arbitrary interception.

3. Nilabati Behera v. State of Orissa (1993)

 The Supreme Court awarded compensation for a custodial death.
 The judgment empowered NHRC to focus on compensation as a remedy in human
rights cases.

4. Smt. Anjali Sharma v. State of UP (NHRC Case)

 A woman was harassed and illegally detained.
 NHRC recommended compensation and stringent action against the police officers.

Role in International Human Rights Enforcement

NHRC also ensures India’s commitment to:
 Universal Declaration of Human Rights (UDHR),
 International Covenant on Civil and Political Rights (ICCPR),
 International Covenant on Economic, Social, and Cultural Rights (ICESCR).
It acts as a bridge between international human rights frameworks and domestic implementation.

Achievements of NHRC
1. Addressing Custodial Deaths
o NHRC’s continuous monitoring has significantly decreased the number of
custodial deaths.
2. Human Trafficking
o Coordinated with state governments to identify and rehabilitate trafficking
victims.
3. Mental Health Advocacy
o Inspected mental health institutions and recommended sweeping reforms in line
with Mental Healthcare Act, 2017.
 4. Child Rights
o Highlighted violations in child labor cases and sought enforcement of the Right
to Education Act, 2009.
5. Gender Justice
o Suggested guidelines for the fair treatment of women in the workplace, adding
strength to the Vishaka Guidelines until legislative backing through the POSH
Act, 2013.

Limitations and Challenges

Despite its remarkable work, the NHRC faces some limitations:
1. Advisory Role Only
o Recommendations are not binding.
2. Backlog of Cases
o Limited manpower and resources make timely resolution difficult.
3. Jurisdictional Constraints
o Cannot act against violations by private parties unless state machinery is involved.
4. Limited Powers of Enforcement
o Cannot directly punish the violator; relies on state authorities for action.

Proposed Reforms
1. Make Recommendations Binding
o Provide legal teeth to ensure accountability.
2. Strengthen State Human Rights Commissions (SHRCs)
o Decentralization will allow quicker grievance redressal.
3. Expand Jurisdiction
o Allow NHRC to take up violations even by private actors if state complicity can
be established.
4. Digital Human Rights Portal
o Allow seamless complaint filing and real-time tracking.
 Conclusion: A Pillar for Human Rights Protection
The National Human Rights Commission is undeniably one of the most significant institutions
upholding the dignity and rights of individuals in India. While its recommendations are advisory,
they carry immense moral and persuasive authority.
In a democracy like India, human rights are the bedrock of a just society, and institutions like
NHRC ensure that these rights are not mere promises on paper but real entitlements enjoyed by
every citizen.
If equipped with binding powers, enhanced resources, and continuous vigilance, the NHRC
could further evolve into a more formidable guardian of human dignity and social justice.

Summary Table

Aspect Key Points

Established 12th October 1993

Constitutional Status Statutory Body under the Protection of Human Rights Act, 1993

Functions Investigation, Recommendation, Research, Awareness

Powers Civil Court Powers, Suo Motu Action, Recommend Compensation

Success Stories Custodial Deaths, Human Trafficking, Gender Justice, Child Rights

Limitations Non-binding recommendations, backlog, jurisdiction gaps

Future Path Strengthen legal framework, improve infrastructure, binding power

Q2. The Supreme Court of India has opened the door of Human Rights
Jurisprudence through judicial interpretation of Article 21 of the Constitution
of India. Do you agree? Discuss with the help of decided cases. (2024)

The Supreme Court of India and Human Rights Jurisprudence: An

Expansive Interpretation of Article 21

Introduction
The Constitution of India is widely recognized as a living document, capable of
growth, interpretation, and dynamism. Among its many celebrated provisions,
Article 21 — which guarantees the Right to Life and Personal Liberty — has been
one of the most pivotal in shaping the trajectory of human rights jurisprudence in
India. The Supreme Court of India, through a series of landmark judgments, has
played an extraordinary role in expanding the scope of Article 21 beyond the
conventional meaning, thereby establishing a progressive and humane foundation
for the protection of human rights in the country.

This essay seeks to explore how judicial interpretation of Article 21 has

revolutionized human rights discourse in India. It will illustrate this evolution
through case law, constitutional doctrines, and judicial creativity that transcended
the original textual limitation of the Article.

Understanding Article 21: The Constitutional Text

The literal text of Article 21 is brief but profoundly impactful:

"No person shall be deprived of his life or personal liberty except according to
procedure established by law."

At first glance, this provision appears to only protect against arbitrary deprivation
of life or liberty. However, the ingenuity of the Indian judiciary, especially post-
1978, has transformed it into a wellspring of various rights that were not explicitly
mentioned in the Constitution.

Early Judicial Interpretation: A Narrow Beginning

Initially, the Supreme Court adopted a rather literal and restrictive

interpretation of Article 21. In the landmark case:

A.K. Gopalan v. State of Madras (1950) AIR 27, 1950 SCR 88

The court held that as long as a procedure was established by a valid law, even if
the procedure was unjust or oppressive, the deprivation of life or liberty could not
be questioned under Article 21. Here, the focus was primarily on "procedure" and
not on the "justness" or "reasonableness" of the law.
This decision reflected a formalistic understanding of Article 21, and human rights
were yet to find their true sanctuary in constitutional interpretation.

Turning Point: The Maneka Gandhi Judgment

The real metamorphosis of Article 21 began with:

Maneka Gandhi v. Union of India (1978) AIR 597, 1978 SCR (2) 621

In this landmark case, the Court expanded the meaning of "procedure established
by law" to mean "fair, just and reasonable" procedure, thus bringing Indian human
rights jurisprudence closer to the American doctrine of "due process of law."

The judgment stressed that:

1. Article 21 is not merely a protection against executive action but also

requires the underlying law to be just.

2. Any procedure must conform to the standards of fairness and

reasonableness.

3. Fundamental rights are interrelated, and Article 21 cannot be isolated from

Article 14 (Right to Equality) and Article 19 (Right to Freedom).

This judgment effectively opened the floodgates of human rights protections

under Article 21.

Expansion of Human Rights under Article 21: Key Judicial Pronouncements

Post-Maneka Gandhi, Article 21 became the foundation for recognizing a broad

spectrum of human rights. Let us examine some of the most significant judicial
interpretations.

1. Right to Health

Consumer Education and Research Centre v. Union of India (1995) AIR 922
The Court held that the Right to Health and Medical Care is an integral part of
the Right to Life under Article 21. It compelled both public and private employers
to ensure the health and safety of their workers.

Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) AIR
2426

This judgment emphasized the duty of the state to provide adequate medical
facilities to its citizens. The Court underlined that failure to provide timely
medical aid to a person amounts to a violation of Article 21.

2. Right to Livelihood

Olga Tellis v. Bombay Municipal Corporation (1985) AIR 180

In this case, the eviction of pavement dwellers in Mumbai was challenged. The
Court held that the Right to Livelihood is an integral part of the Right to Life, as
no person can live without the means of livelihood.

This judgment strengthened the link between economic rights and fundamental
rights, blurring the line between socio-economic rights and civil liberties.

3. Right to a Healthy Environment

Subhash Kumar v. State of Bihar (1991) AIR 420

The Court recognized the Right to Pollution-Free Water and Air as part of
Article 21. It held that environmental degradation directly violates the right to
life and personal dignity.

This laid the foundation for environmental jurisprudence in India, giving citizens
the right to demand clean surroundings.

4. Right to Privacy

Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1

One of the most remarkable constitutional decisions in recent times, the Court
unequivocally held that the Right to Privacy is an intrinsic part of Article 21.

The judgment emphasized that privacy is a fundamental right linked to the dignity,
autonomy, and personal liberty of individuals.

5. Right to Education

Mohini Jain v. State of Karnataka (1992) AIR 1858

The Court read the Right to Education into Article 21, reasoning that the right to
life includes the right to live with dignity, which is impossible without education.

This was further cemented in:

Unni Krishnan, J.P. v. State of Andhra Pradesh (1993) AIR 2178

Here, the Court mandated free and compulsory education for children up to the
age of 14, later codified in Article 21A through the 86th Constitutional
Amendment.

6. Right against Sexual Harassment

Vishaka v. State of Rajasthan (1997) AIR 3011

The Supreme Court read the Right to Work in a Safe Environment as part of
Article 21. The Court formulated the "Vishaka Guidelines" to address sexual
harassment at workplaces, highlighting the interplay between gender justice and
the right to dignity.

7. Right to Legal Aid

Hussainara Khatoon v. State of Bihar (1979) AIR 1369

The Court held that the Right to Free Legal Aid is a fundamental right under
Article 21. The case highlighted the plight of undertrial prisoners languishing in jail
for periods longer than the maximum sentence they would have received if
convicted.
 8. Right against Delayed Execution

Sher Singh v. State of Punjab (1983) AIR 465

The Supreme Court ruled that inhuman delay in the execution of death sentence
violates Article 21, underscoring the Court's stand on human dignity, even for
those condemned to die.

9. Right to Speedy Trial

Kartar Singh v. State of Punjab (1994) 3 SCC 569

The Court reiterated that Speedy Trial is an essential part of Article 21,
emphasizing the need for fairness and efficiency in the criminal justice system.

10. PrisonersÕ Rights

Sunil Batra v. Delhi Administration (1978) AIR 1675

The Court held that prisoners are not stripped of their fundamental rights under
Article 21, except as limited by the nature of confinement. Solitary confinement,
handcuffing, and torture were declared unconstitutional.

Summary of Human Rights Discovered under Article 21:

Right Case Law

Right to Live with Human

Maneka Gandhi v. Union of India
Dignity

Right to Livelihood Olga Tellis v. Bombay Municipal Corporation

Right to Privacy K.S. Puttaswamy v. Union of India

Right to Speedy Trial Hussainara Khatoon v. State of Bihar

Right Case Law

Paschim Banga Khet Mazdoor Samity v. State of

Right to Health
West Bengal

Right to Clean Environment Subhash Kumar v. State of Bihar

Right to Legal Aid Hussainara Khatoon v. State of Bihar

Right against Sexual

Vishaka v. State of Rajasthan
Harassment

Right to Education Mohini Jain & Unni Krishnan cases

Prisoners' Rights Sunil Batra v. Delhi Administration

Judicial Activism: A Pathway to Social Justice

The liberal interpretation of Article 21 epitomizes the activist role of the

judiciary in India, often characterized as "judge-made law." The Supreme Court
has bridged the gap between law in books and law in action by reading into Article
21 the rights necessary for a dignified life.

By adopting the "interpretative dynamism" approach, the judiciary has been able
to adapt the Constitution to evolving social realities, making it a vibrant document
of human rights protection.

Public Interest Litigation: Expanding the Canvas

The parallel development of Public Interest Litigation (PIL) further cemented the
Supreme Court's position as the guardian of human rights.

Cases like:

 PeopleÕs Union for Democratic Rights v. Union of India (1982),

 Bandhua Mukti Morcha v. Union of India (1984)

demonstrated how the Court, through PIL, gave voice to the voiceless, upholding
rights related to bonded labor, worker exploitation, and human dignity under
Article 21.

Criticisms and Counterpoints

While the expansion of Article 21 is lauded globally, critics argue that:

1. The judiciary sometimes oversteps the doctrine of separation of powers.

2. The expansive reading of rights blurs the line between enforceable rights
and Directive Principles.

3. Judicial interpretations may lack democratic legitimacy compared to

parliamentary enactments.

Despite these concerns, the transformative role played by the judiciary in human
rights protection is irrefutable.

Conclusion

In conclusion, the Supreme Court of India has undeniably opened the door of
human rights jurisprudence through its innovative, liberal, and human-centric
interpretation of Article 21. The journey from A.K. Gopalan to Justice K.S.
Puttaswamy is a testament to the Court's commitment to ensuring that the
constitutional promise of life and liberty is not reduced to a mere textual provision
but translated into a lived reality for every citizen.

The Indian judiciary, especially the Supreme Court, has given Article 21 a soul,
enabling it to act as a powerful tool for social justice, individual dignity, and human
rights, in both letter and spirit.

Q3. Discuss the essay on salient features of International Covenant on Social,

Economic and cultural rights. How far these rights reflect in the Indian
Constitution? (2024, 2022)

International Covenant on Economic, Social and Cultural Rights (ICESCR)

 Overview

The ICESCR, adopted by the United Nations General Assembly on 16 December

1966 and entered into force on 3 January 1976, is a cornerstone of international
human rights law. It obligates signatory states to recognize and progressively
realize economic, social, and cultural rights, including labor rights and the rights to
health, education, and an adequate standard of living.

Salient Features

1. Right to Self-Determination: All peoples have the right to freely determine

their political status and pursue their economic, social, and cultural
development.

2. Non-Discrimination and Equality: The Covenant mandates the exercise of

rights without discrimination of any kind, ensuring equality between men and
women.

3. Right to Work: Recognizes the right to work, including the right to gain a
living by work freely chosen or accepted, and to just and favorable
conditions of work.

4. Right to Social Security: Affirms the right of everyone to social security,

including social insurance.

5. Protection of the Family: Emphasizes the widest possible protection and

assistance should be accorded to the family, especially during its
establishment and while it is responsible for the care and education of
dependent children.

6. Right to an Adequate Standard of Living: Recognizes the right of everyone

to an adequate standard of living, including adequate food, clothing, and
housing, and to the continuous improvement of living conditions.

7. Right to Health: Acknowledges the right of everyone to the enjoyment of

the highest attainable standard of physical and mental health.

8. Right to Education: Recognizes the right of everyone to education, aiming at

the full development of the human personality and the sense of its dignity.
 9. Right to Participate in Cultural Life: Ensures the right of everyone to take
part in cultural life, to enjoy the benefits of scientific progress and its
applications.

10. Progressive Realization: Acknowledges that the full realization of these

rights may be achieved progressively, utilizing the maximum of available
resources.

🇮🇳 Reflection of ICESCR Rights in the Indian Constitution

India ratified the ICESCR on 10 April 1979, and many of its provisions are
mirrored in the Indian Constitution, particularly in the Directive Principles of
State Policy (Part IV) and the Fundamental Rights (Part III).

Directive Principles of State Policy (Part IV)

1. Article 38: Directs the State to strive to promote the welfare of the people
by securing a social order permeated by justice—social, economic, and
political.

2. Article 39: Mandates the State to ensure adequate means of livelihood for
all citizens, equal pay for equal work, and protection of children and youth
against exploitation.

3. Article 41: Obliges the State to secure the right to work, education, and
public assistance in cases of unemployment, old age, sickness, and
disablement.

4. Article 42: Requires the State to make provisions for securing just and
humane conditions of work and for maternity relief.

5. Article 43: Encourages the State to secure a living wage and decent
standard of life for all workers.

6. Article 45: Initially aimed to provide free and compulsory education for
children up to the age of 14 years, which has now been made a Fundamental
Right under Article 21A.

Fundamental Rights (Part III)

 1. Article 14: Ensures equality before the law and equal protection of the laws
within the territory of India.

2. Article 15: Prohibits discrimination on grounds of religion, race, caste, sex,

or place of birth.

3. Article 16: Guarantees equality of opportunity in matters of public

employment.

4. Article 21: The right to life and personal liberty has been interpreted by
the Supreme Court to include the right to health, education, and a clean
environment.

5. Article 21A: Inserted by the 86th Amendment Act, 2002, it provides for
free and compulsory education to all children aged 6 to 14 years.

6. Article 23: Prohibits traffic in human beings and forced labor.

7. Article 24: Prohibits the employment of children below the age of 14 years
in factories, mines, or any other hazardous employment.

Judicial Interpretation and Enforcement

While the Directive Principles are non-justiciable, the Indian judiciary has played a
pivotal role in interpreting them in consonance with Fundamental Rights, thereby
making several socio-economic rights enforceable.

 Right to Health: In Paschim Banga Khet Mazdoor Samity v. State of West

Bengal (1996), the Supreme Court held that the right to health is integral to
the right to life under Article 21.

 Right to Education: In Mohini Jain v. State of Karnataka (1992) and Unni

Krishnan v. State of Andhra Pradesh (1993), the Court recognized the right
to education as a fundamental right under Article 21.

 Right to Livelihood: In Olga Tellis v. Bombay Municipal Corporation (1985),

the Supreme Court held that the right to livelihood is an integral part of the
right to life under Article 21.
 Conclusion

The ICESCR serves as a vital instrument in promoting and protecting economic,

social, and cultural rights globally. India's commitment to these rights is evident in
its

Q4. Universal Declaration of Human Rights, 1948 is a Magna-carta in the

assertion of Human Rights. Discuss. (2024)

The Universal Declaration of Human Rights, 1948: A Magna Carta in the

Assertion of Human Rights

Introduction

The Universal Declaration of Human Rights (UDHR), adopted by the United

Nations General Assembly on December 10, 1948, stands as a monumental
document in the annals of human rights history. Often referred to as the "Magna
Carta for all humanity," the UDHR set forth, for the first time, fundamental
human rights to be universally protected .Wikipedia+2United Nations+2United
Nations+2

This essay explores the UDHR's significance as a modern-day Magna Carta,

examining its historical context, foundational principles, and enduring impact on
global human rights jurisprudence.

Historical Context: From Magna Carta to UDHR

The Magna Carta (1215)

The Magna Carta, signed in 1215, was a pivotal moment in limiting the powers of
the monarchy and establishing the principle that everyone, including the king, was
subject to the law. It introduced ideas such as the right to a fair trial and
protection from arbitrary imprisonment .Encyclopedia Britannica

The Aftermath of World War II

The atrocities of World War II, including the Holocaust, underscored the urgent
need for a comprehensive framework to protect human rights globally. In response,
the newly formed United Nations prioritized the creation of a universal declaration
to safeguard human dignity and prevent future violations .

The UDHR as a Modern-Day Magna Carta

Universal Recognition of Rights

The UDHR was groundbreaking in its assertion that all human beings are entitled to
certain inalienable rights, regardless of race, religion, or nationality. This
universality marked a significant departure from previous documents, which were
often limited in scope and applicability .

Comprehensive Scope

Unlike the Magna Carta, which primarily addressed legal rights, the UDHR
encompassed a broad spectrum of civil, political, economic, social, and cultural
rights. This holistic approach recognized the interconnectedness of various rights
and the necessity of their collective protection .unfoundation.org

Moral and Legal Authority

While the UDHR is not legally binding, it has exerted profound moral influence and
has been instrumental in shaping international human rights law. It laid the
groundwork for subsequent treaties and conventions, such as the International
Covenant on Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights .

Global Impact and Legacy

Influence on National Constitutions

The principles enshrined in the UDHR have been incorporated into numerous
national constitutions and legal systems, reinforcing the global commitment to
human rights.

Foundation for International Treaties

The UDHR has served as the cornerstone for a multitude of international human
rights treaties and conventions, establishing a cohesive framework for the
protection of human rights worldwide .

Educational and Advocacy Tool

The UDHR has been translated into over 500 languages, making it one of the most
accessible documents globally. Its widespread dissemination has played a crucial
role in educating individuals about their rights and empowering human rights
advocacy .United Nations+2Wikipedia+2United Nations+2

Conclusion

The Universal Declaration of Human Rights stands as a monumental achievement

in the pursuit of human dignity and freedom. Much like the Magna Carta of 1215,
which laid the foundation for the rule of law, the UDHR has become a symbol of
the universal aspiration for justice and equality. Its enduring influence continues to
inspire and guide efforts to uphold human rights across the globe.

Q5. Discuss the role of the UN and key provisions of U.N. Charter promoting and
protecting Human Rights. (2024, 2023)

Introduction

The United Nations (UN), established in 1945 after World War II, was founded
with the primary objectives of maintaining international peace and security,
fostering friendly relations among nations, and promoting social progress, better
living standards, and human rights. The UN Charter, its foundational treaty,
explicitly emphasizes the promotion and protection of human rights as a core
purpose of the organization.United Nations
 Key Provisions of the UN Charter on Human Rights

The UN Charter, signed on June 26, 1945, and effective from October 24, 1945,
integrates human rights into its foundational framework. Several articles
underscore the organization's commitment to human rights:

 Preamble: Reaffirms faith in fundamental human rights, the dignity and

worth of the human person, and the equal rights of men and women.

 Article 1(3): States one of the UN's purposes is to achieve international

cooperation in promoting and encouraging respect for human rights and
fundamental freedoms for all.

 Article 55(c): Commits the UN to promote universal respect for, and

observance of, human rights and fundamental freedoms without distinction
as to race, sex, language, or religion.United Nations+1Wikipedia+1

 Article 56: Obliges all member states to take joint and separate action in
cooperation with the UN for the achievement of the purposes set forth in
Article 55.

 Article 68: Empowers the Economic and Social Council (ECOSOC) to set up
commissions in economic and social fields and for the promotion of human
rights.humanrights.is

These provisions collectively establish the promotion and protection of human

rights as a central tenet of the UN's mission.

Role of the United Nations in Promoting and Protecting Human Rights

The UN employs various mechanisms and bodies to uphold human rights globally:

1. Normative Frameworks

 Universal Declaration of Human Rights (UDHR): Adopted in 1948, the

UDHR sets out fundamental human rights to be universally protected. It
serves as a common standard of achievement for all peoples and nations.
Wikipedia

 International Covenants: The International Covenant on Civil and Political

Rights (ICCPR) and the International Covenant on Economic, Social and
 Cultural Rights (ICESCR), both adopted in 1966, expand upon the rights
outlined in the UDHR and are legally binding for ratifying countries.

2. Institutional Mechanisms

 Human Rights Council: An intergovernmental body responsible for

strengthening the promotion and protection of human rights around the
globe and for addressing situations of human rights violations.

 Office of the High Commissioner for Human Rights (OHCHR): Established

in 1993, the OHCHR works to promote and protect human rights that are
guaranteed under international law and stipulated in the UDHR.Wikipedia

 Treaty Bodies: Committees of independent experts monitor the

implementation of the core international human rights treaties.

3. Operational Activities

 Field Missions and Technical Assistance: The UN deploys human rights

field missions and provides technical assistance to help countries strengthen
their human rights capacities.

 Special Procedures: Independent human rights experts with mandates to

report and advise on human rights from a thematic or country-specific
perspective.

Contemporary Challenges and UN Responses

The UN continues to address emerging human rights challenges, such as:

 Systemic Racism and Historical Injustices: Calls for reparations and

addressing the legacies of slavery and colonialism have been prominent, with
UN forums emphasizing the need for global action.Reuters

 Technological Inequities: Concerns over racial biases in artificial intelligence

and digital divides are being addressed to ensure technology upholds human
rights.Reuters

 Gender Equality: The UN actively works to combat the backlash against

women's rights and promotes gender equality through various initiatives and
declarations.
 Conclusion

The United Nations, through its Charter and subsequent instruments, has
established a comprehensive framework for the promotion and protection of human
rights. While challenges persist, the UN's continued efforts and adaptations to
emerging issues reaffirm its commitment to upholding human dignity and rights
worldwide.

Q7. How far various Human rights have been included within the Constitution
of India through judicial interpretation? (2023)

Judicial Interpretation and the Inclusion of Human Rights in the Indian

Constitution

Introduction

The Indian Constitution, while explicitly enumerating certain fundamental rights,

has been dynamically interpreted by the judiciary to encompass a broader
spectrum of human rights. Through progressive judicial interpretation, especially
of Article 21, the Supreme Court of India has expanded the ambit of fundamental
rights, effectively incorporating various human rights into the constitutional
framework.

Constitutional Provisions and Judicial Activism

Article 21: The Bedrock of Expanded Rights

Article 21 states:

"No person shall be deprived of his life or personal liberty except according to
procedure established by law."

Originally, this was interpreted narrowly, as seen in A.K. Gopalan v. State of

Madras (1950), where the court held that as long as a law existed, personal liberty
could be curtailed.

The Transformative Shift: Maneka Gandhi v. Union of India (1978)

In this landmark case, the Supreme Court broadened the interpretation of Article
21, asserting that the "procedure established by law" must be just, fair, and
reasonable. This decision marked a paradigm shift, allowing for a more expansive
understanding of personal liberty.Wikipedia

Human Rights Incorporated Through Judicial Interpretation

1. Right to Livelihood

In Olga Tellis v. Bombay Municipal Corporation (1985), the court recognized that
the right to livelihood is an integral part of the right to life, emphasizing that no
person can live without the means of living.

2. Right to Health

The Supreme Court, in Paschim Banga Khet Mazdoor Samity v. State of West
Bengal (1996), held that the government has a constitutional obligation to provide
adequate medical facilities, linking the right to health directly to Article 21.

3. Right to Education

In Mohini Jain v. State of Karnataka (1992) and Unni Krishnan v. State of Andhra
Pradesh (1993), the court interpreted the right to education as a fundamental
right under Article 21, leading to the 86th Constitutional Amendment, which
inserted Article 21A, making education a fundamental right for children aged 6 to
14.

4. Right to Privacy

The landmark judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
declared the right to privacy as intrinsic to life and liberty under Article 21,
impacting various aspects of personal autonomy.

5. Right to a Clean Environment

In Subhash Kumar v. State of Bihar (1991), the court held that the right to life
includes the right to enjoy pollution-free water and air, recognizing environmental
protection as a component of Article 21.
 Other Fundamental Rights and Their Expanded Interpretations

Article 14: Right to Equality

The judiciary has used Article 14 to strike down arbitrary state actions and
discriminatory laws, ensuring equal protection under the law.

Article 19: Freedom of Speech and Expression

In Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section
66A of the IT Act, reinforcing the importance of free speech in the digital age.
Time

Conclusion

Through judicial interpretation, the Indian judiciary has played a pivotal role in
incorporating various human rights into the constitutional framework. By
expansively interpreting fundamental rights, especially Article 21, the courts have
ensured that the Constitution remains a living document, responsive to the evolving
needs of society.

Q8. Discuss the various rights enshrined in European Convention on Human

Rights. (2023, 2022)

Discuss the Various Rights Enshrined in the European Convention on

Human Rights

Introduction: A Milestone in Human Rights Protection

The history of human rights is deeply interwoven with the struggles and
awakenings of human civilization. After the catastrophic events of the two World
Wars, particularly the unspeakable horrors of the Holocaust, the world recognized
the urgent necessity for a framework that would protect human dignity against
tyranny, oppression, and state overreach.

In the European context, this realization culminated in the drafting of the

European Convention on Human Rights (ECHR), officially known as the Convention
for the Protection of Human Rights and Fundamental Freedoms. Signed in Rome
on 4th November 1950 and coming into force on 3rd September 1953, the ECHR
is a legally binding international treaty under the umbrella of the Council of
Europe.

The ConventionÕs goal is straightforward yet profound: to uphold human rights,

democracy, and the rule of law across its member states, creating a uniform
standard of treatment and freedoms for all individuals under the jurisdiction of its
signatories.

Philosophy and Purpose Behind the ECHR

The drafters of the ECHR were inspired by the principles enshrined in the
Universal Declaration of Human Rights (UDHR) adopted by the United Nations in
1948, but the ECHR went a step further — it made these rights enforceable
through courts.

Key Objectives:

 Prevent any repetition of the atrocities of the past.

 Protect individuals from abuses by state power.

 Guarantee civil and political freedoms.

 Create a regional human rights regime to complement the global efforts of

the UN.

What sets the ECHR apart is that it is not merely a declarative document, but one
that created a powerful judicial organ — the European Court of Human Rights
(ECtHR) — where any individual, group, or state can seek justice against violations
by a member state.

Structure of the ECHR

The Convention is structured around:

 An initial Preamble that sets the philosophical tone.

 Articles 1 to 18 that specify guaranteed rights.

  Additional Protocols which extend or refine these rights.

 A supervisory mechanism in the form of the European Court of Human

Rights.

Fundamental Rights Enshrined in the ECHR

LetÕs walk through the core human rights guaranteed by the European Convention:

Article 1: Obligation to Respect Human Rights

Each signatory is legally bound to secure the rights and freedoms defined in the
Convention to every person within its jurisdiction, regardless of nationality or
status.

Article 2: Right to Life

This is one of the most fundamental provisions:

 No one shall be intentionally deprived of life.

 Exceptions apply, but only under very limited circumstances, such as self-
defense, lawful arrests, or suppressing riots.

 Also addresses the death penalty, which was later almost entirely abolished
through Protocols.

Article 3: Prohibition of Torture

Absolute prohibition on:

 Torture.

 Inhuman treatment.

 Degrading punishment.

This article leaves no room for exceptions, even in times of war or public
emergency.
 Article 4: Prohibition of Slavery and Forced Labour

Ensures the complete eradication of:

 Slavery.

 Servitude.

 Forced or compulsory labor.

Exceptions exist for military service, civic obligations, and labor as part of lawful
imprisonment.

Article 5: Right to Liberty and Security

Protects individuals from arbitrary arrest and detention.

The article:

 Requires arrests to be lawful and justified.

 Grants the right to challenge detention in court.

 Ensures quick access to legal proceedings.

Article 6: Right to a Fair Trial

Guarantees every person the right to:

 A fair and public hearing.

 An independent and impartial tribunal.

 A reasonable time frame for the trial process.

 The presumption of innocence.

Article 7: No Punishment Without Law

Ensures that:
  No one is punished under retroactive criminal laws.

 Individuals can only be held accountable for actions that were defined as
crimes at the time they were committed.

Article 8: Right to Respect for Private and Family Life

This article protects:

 Personal privacy.

 Family relations.

 Home integrity.

 Correspondence and communication.

Interference is allowed only if it is lawful, necessary, and proportionate in a

democratic society.

Article 9: Freedom of Thought, Conscience, and Religion

This right is the foundation for religious liberty and freedom of conscience:

 Protection of beliefs, both religious and non-religious.

 Freedom to change religion.

 Right to manifest beliefs in worship, teaching, practice, and observance.

Article 10: Freedom of Expression

A pillar of any democratic society, this article guarantees:

 Freedom to hold opinions.

 Freedom to receive and impart information and ideas.

 It applies to all forms of media but is subject to necessary limitations (e.g.,

to prevent hate speech).
 Article 11: Freedom of Assembly and Association

Ensures:

 The right to peaceful assembly.

 Freedom to form and join associations, including trade unions.

Limitations apply in situations involving public order, national security, or

prevention of crime.

Article 12: Right to Marry

Guarantees:

 The right to marry and to start a family.

 Must conform to national legal standards but cannot be arbitrarily

restricted.

Article 13: Right to an Effective Remedy

Ensures access to:

 A national legal remedy for violations of rights.

 Remedies must be effective, irrespective of the violationÕs nature.

Article 14: Prohibition of Discrimination

Provides that the rights under the Convention must be secured without
discrimination on any grounds such as:

 Sex.

 Race.

 Language.

 Religion.

 Political or other opinion.

  National or social origin.

Additional Rights via Protocols

The ECHR has been enriched over the years through Protocols — treaty-like
amendments that expand rights:

Protocol 1

 Right to peaceful enjoyment of possessions (Property Rights).

 Right to education.

 Right to free elections.

Protocol 4

 Prohibits imprisonment for debt.

 Ensures freedom of movement and residence.

 Prohibits collective expulsion of aliens.

Protocol 6 & Protocol 13

 Protocol 6: Abolishes the death penalty in peacetime.

 Protocol 13: Abolishes the death penalty in all circumstances.

Protocol 7

 Additional protections for procedural rights in the expulsion of foreigners.

 Right to compensation for wrongful convictions.

 Right to appeal in criminal cases.

 Protocol 12

 Expands the non-discrimination clause of Article 14 to all legal rights and

obligations, beyond the Convention's scope.

Enforcement: The European Court of Human Rights

Unlike other human rights treaties, the ECHR created a powerful enforcement
mechanism: the European Court of Human Rights.

Key Features:

 Individuals (not just states) can file complaints.

 Binding judgments.

 Continuous supervision of enforcement by the Committee of Ministers.

Impact of the ECHR on Europe

The Convention has:

 Enhanced civil liberties across 46 countries.

 Influenced the development of national constitutions.

 Inspired countless landmark rulings (e.g., protection against police brutality,

right to privacy in surveillance, marriage equality).

🇮🇳 Influence on Indian Constitutional Thought

Even though India is not a signatory, the ECHRÕs principles have deeply inspired:

 Judicial interpretation of Article 21 (Right to Life and Personal Liberty).

 Cases like Maneka Gandhi v. Union of India showcase ECHR-style reasoning.

 The Indian Supreme Court often cites ECHR cases for persuasive authority.

Conclusion
The European Convention on Human Rights represents a triumph of human dignity
over authoritarianism, arbitrariness, and oppression. Its provisions are meticulously
designed to balance individual freedom with social responsibility, and its judicial
enforcement through the European Court of Human Rights makes it one of the
most effective human rights frameworks in the world.

The ECHR has transformed Europe's political and legal landscape, turning the
continent into a beacon of rights-conscious governance and offering a model for
the global human rights movement.

Q9. What is Universal Declaration of Human Rights, 1948? Is it a legal

document accepted by all International Law jurists? Have different legal
constitutions of different nations adopted its provisions? (2023)

Introduction
The modern conception of human rights as universal, inalienable, and indivisible was globally
consolidated through the Universal Declaration of Human Rights (UDHR), adopted by the
United Nations General Assembly on 10th December 1948. The UDHR is often described as
the "Magna Carta for all humanity" — a pathbreaking document born out of the ashes of World
War II, when the world saw the urgent need to ensure peace, justice, and human dignity.
The document outlines fundamental human rights that should be universally protected. Although
not legally binding as a treaty, its significance is enormous, as it has been referenced and
incorporated into many national constitutions, legal frameworks, and international treaties since
1948.

1. Historical Background of UDHR

The Universal Declaration of Human Rights did not emerge in isolation but was the product of
an intense moral, legal, and political struggle shaped by both:
1. The World Wars
The world had witnessed gross violations of human rights during the two world wars,
especially the Holocaust, which exposed the atrocities of systemic racism, genocide, and
unchecked authoritarianism.
2. The Failure of the League of Nations The League of Nations, which was established
after WWI to maintain peace, had failed in ensuring collective security or protecting
basic rights.
 3. Establishment of the United Nations (1945) When the UN was formed in 1945, its
Charter (Article 1(3)) committed the international community to "promote and
encourage respect for human rights and fundamental freedoms for all without distinction
as to race, sex, language, or religion."
This new institutional will culminated in the drafting of the Universal Declaration of Human
Rights, under the leadership of Eleanor Roosevelt, along with distinguished international
members like René Cassin (France), Peng Chun Chang (China), Charles Malik (Lebanon),
and John Humphrey (Canada).

2. Structure and Salient Features of the UDHR

The UDHR consists of a Preamble and 30 Articles. Its purpose is to set a "common standard of
achievement for all peoples and all nations" and promote human, civil, economic, social, and
cultural rights.
Here’s a breakdown:

A. Civil and Political Rights (Articles 1–21)

 Right to equality and non-discrimination (Articles 1 & 2).
 Right to life, liberty, and personal security (Article 3).
 Protection against slavery, torture, arbitrary arrest, and exile (Articles 4–9).
 Right to a fair trial and presumption of innocence (Articles 10–11).
 Freedom of movement, asylum, nationality, and marriage (Articles 13–16).
 Right to freedom of thought, conscience, religion, opinion, expression, peaceful
assembly, and association (Articles 18–20).
 Right to participate in government and free elections (Article 21).

B. Economic, Social, and Cultural Rights (Articles 22–27)

 Right to social security (Article 22).
 Right to work, equal pay for equal work, and to form and join trade unions (Articles 23–
24).
 Right to adequate standard of living, health, and well-being (Article 25).
 Right to education (Article 26).
 Right to participate in cultural life, enjoy arts, and scientific progress (Article 27).

C. Duties and Community Rights (Articles 28–30)

  Right to a social and international order that ensures the realization of these rights
(Article 28).
 Responsibilities to the community (Article 29).
 Safeguard against misuse of these rights (Article 30).

3. Is the UDHR a Legally Binding Document?

This is one of the most debated questions in international law. The short answer is:

No — The UDHR is not legally binding.

But the long answer is more nuanced:
 The UDHR was adopted as a "Declaration" and not a "Convention" or "Treaty" —
meaning it is a statement of principles and not an enforceable law by itself.
 However, its legal importance has evolved considerably:

A. Source of "Customary International Law"

Over the decades, many of the rights mentioned in the UDHR have become part of customary
international law, which is binding on all nations whether they signed specific treaties or not.

B. Influence on Binding Treaties

The UDHR has been the backbone of several enforceable treaties, such as:
 International Covenant on Civil and Political Rights (ICCPR, 1966).
 International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966).
 Convention on the Elimination of All Forms of Racial Discrimination (CERD, 1965).
 Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW, 1979).
 Convention on the Rights of the Child (CRC, 1989).
These international treaties, in turn, are binding on states that ratify them.

4. Adoption of UDHR Provisions by National Constitutions

The UDHR is arguably the most influential document in the history of modern constitutional law.
Even though it was not binding, it acted as a blueprint for:

A. The Indian Constitution (1950)

The Indian Constitution, adopted just two years after the UDHR, mirrors many of its principles:

UDHR Provision Indian Constitution Article(s)

Right to Equality (Article 1, 7) Articles 14, 15, 16

Freedom of Religion (Article 18) Articles 25-28

Right to Freedom of Speech (Article 19) Article 19(1)(a)

Protection against Arbitrary Arrest (Article 9) Article 22

Right to Social Security (Article 22) Directive Principles: Article 41-43

Right to Education (Article 26) Article 21A and Directive Principles

B. Other Nations
Other democracies like the USA, France, South Africa, Canada, and Germany have directly
referenced or borrowed from the UDHR during constitutional drafting or amendment processes.
For example:
 South Africa’s post-Apartheid constitution reflects UDHR’s core ideas on equality and
dignity.
 The European Convention on Human Rights (ECHR, 1950) closely resembles the
UDHR.

5. Jurisprudential Acceptance: Do International Law Jurists Consider It Law?

The legal community generally classifies the UDHR as:
 A "soft law" instrument: not legally binding in itself, but morally and politically
persuasive.
 A document that, over time, has shaped customary international law, making many of
its provisions binding by practice, even without formal ratification.
Several international courts and domestic courts worldwide have cited the UDHR in their
judgments. Notably:
 The International Court of Justice (ICJ) has referenced UDHR provisions in cases
involving human rights violations.
  The Supreme Court of India has used the UDHR as a guiding principle while
interpreting the Constitution, especially in cases related to Article 21 (Right to Life and
Personal Liberty).

6. The UDHR and Its Global Impact on Human Rights Culture

The Universal Declaration of Human Rights (1948) has been a revolutionary force in shaping
modern human rights culture worldwide. Despite its technically non-binding nature, it has been
used as:

A reference point for constitutions,

A yardstick for judicial interpretations,
A framework for international treaties, and
A moral compass in human rights advocacy.
Let’s explore these in more detail:

A. The UDHR as a Foundational Document for International Treaties

After 1948, the principles of the UDHR were "codified" into several binding international
instruments:
1. The International Covenant on Civil and Political Rights (ICCPR, 1966)
2. The International Covenant on Economic, Social, and Cultural Rights (ICESCR,
1966)
These two, together with the UDHR, form what is often referred to as the International Bill of
Human Rights.

B. Influence on Regional Human Rights Instruments

Beyond global treaties, the UDHR deeply influenced the creation of regional human rights
charters, such as:

 The European Convention on Human Rights (ECHR, 1950) — adopted principles

like freedom from torture, fair trial, right to family life, etc.

 The American Convention on Human Rights (1969).

 The African Charter on Human and Peoples' Rights (1981).

Each of these conventions translated UDHR ideals into binding regional commitments,
enforceable in courts such as:

 The European Court of Human Rights (ECHR).

  The Inter-American Court of Human Rights.

 The African Court on Human and Peoples' Rights.

C. Influence on National Courts and Legislations

Courts around the globe — including those in India — have relied upon UDHR principles to
uphold and expand human rights protections.

For example:
 In India, the Vishaka v. State of Rajasthan (1997) judgment, concerning sexual
harassment at workplaces, cited the UDHR and the Convention on the Elimination of
Discrimination Against Women (CEDAW) as interpretative tools for Articles 14, 19, and
21 of the Indian Constitution.
 Similarly, the Maneka Gandhi v. Union of India (1978) case widened the interpretation
of Article 21 (Right to Life and Personal Liberty) by leaning on the broader meaning of
"life" reflected in international human rights standards, especially the UDHR.

7. Criticism and Limitations of the UDHR

Despite its far-reaching influence, the UDHR has faced criticism from various quarters.

A. Cultural Relativism Debate

Many critics argue the UDHR reflects a Western-centric model of rights that may not align
with the values of other civilizations. For instance, emphasis on individualism may clash with
collectivist or community-focused societies.

B. Legal Enforceability
Because the UDHR is a declaration rather than a treaty, some skeptics question its practical
utility, especially in countries unwilling to respect human rights norms.

8. Legal Status Evolution: From Declaration to “Soft Law” to Customary Law

While the UDHR was never intended to be a treaty, over the decades, it has attained a quasi-
legal status:
 Referred to in judicial opinions (both national and international).
 Incorporated by constitutional drafters worldwide.
 Used as state practice evidence for international customary law.
  Cited in the Preambles of global treaties like the ICCPR and ICESCR.
Thus, many scholars and jurists now consider core provisions of the UDHR — such as
prohibition of torture, right to life, and freedom from slavery — as peremptory norms (jus
cogens), binding all states universally.

9. UDHR’s Reflection in the Indian Legal System 🇮🇳

The UDHR’s philosophy runs deep in Indian constitutional and statutory frameworks.

UDHR Principle Indian Legal Provision

Article 3: Right to life Article 21: Right to Life and Personal Liberty

Article 4: Freedom from Slavery Article 23: Prohibition of human trafficking

Article 5: Protection from Torture Article 21 (as interpreted) + IPC Sections 330, 331

Article 9: Freedom from Arbitrary Detention Article 22: Rights of Arrested Persons

Article 19: Freedom of Opinion Article 19(1)(a): Freedom of Speech & Expression

Article 23: Right to Work Directive Principles: Article 41 & 43

Article 25: Right to Health Directive Principles: Article 47

10. Landmark Judgments Reflecting UDHR in Indian Context

Maneka Gandhi v. Union of India (1978)

The Court widened the interpretation of “life and personal liberty” to include human dignity,
strongly aligning with Article 3 of the UDHR.

Francis Coralie Mullin v. Union Territory of Delhi (1981)

The Court held that the right to live does not merely connote animal existence but includes the
right to live with human dignity, again inspired by the UDHR’s broader human rights approach.

Vishaka v. State of Rajasthan (1997)

The SC used the UDHR to justify binding guidelines on sexual harassment at workplaces even in
the absence of domestic legislation.

11. UDHR as a “Common Standard” for Humanity

The drafters of the UDHR intentionally used the phrase “a common standard of achievement
for all peoples and all nations” in its Preamble rather than using legally binding language.
This choice was deliberate, aiming to allow:
  Universal applicability (beyond culture, race, or ideology).

 Progressive interpretation by courts and legislatures.

 Diplomatic flexibility for states at varying levels of development.

Over time, the UDHR has transcended its original status as "just a declaration" and has been
universally regarded as the moral compass for human rights across the world.

12. UDHR in International Law: Accepted by All?

The acceptance of the UDHR by International Law jurists varies, and has evolved in three
phases:

Phase Viewpoint

1948–1970 Mostly seen as non-binding declaration.

1970–2000 Accepted as soft law and a basis for judicial reasoning.

Post-2000 Many provisions considered part of customary international law.

For example:
 Provisions against genocide, slavery, and torture are now binding on all states, even if
they never signed a treaty, because they are recognized as jus cogens norms.
 Provisions about freedom of expression, due process, equality are increasingly cited in
national court decisions.
Thus, even though it wasn’t legally binding at birth, most International Law jurists today
agree that the UDHR has become a vital part of both soft law and customary international
law.

13. The UDHR’s Adoption in National Constitutions

Post-1948, many newly independent and post-war states directly or indirectly borrowed from the
UDHR while framing their constitutions.

India
The Constitution of India (1950) was deeply inspired by the UDHR, especially:
 Fundamental Rights (Part III)
 Directive Principles (Part IV)
  The Preamble (Equality, Liberty, Justice, and Fraternity).

🇩🇪 Germany
The Basic Law for the Federal Republic of Germany (1949), framed in the aftermath of Nazi
human rights abuses, reflects many UDHR ideals, particularly:
 Article 1: Human dignity is inviolable.
 Article 2: Personal freedoms.
 Article 3: Equality before the law.

🇿🇦 South Africa
The Constitution of South Africa (1996), born from the anti-apartheid struggle, is almost a
blueprint of the UDHR.

🇺🇸 United States
Although the U.S. Constitution predated the UDHR, the American judiciary has referenced
UDHR principles in decisions involving:
 Death penalty reviews.
 Equality and racial justice.
 Torture and unlawful detention.

14. UDHR as a Living Document: Beyond 1948

Even though the UDHR was adopted more than 75 years ago, its relevance remains
undiminished.
Modern human rights discourses often apply UDHR principles to:

 Climate change and environmental justice.

 Digital privacy and surveillance.

 Refugee rights and statelessness.

 Bioethics, AI and human dignity.

The UN and its associated agencies, especially the Office of the High Commissioner for
Human Rights (OHCHR), have continuously invoked the UDHR as the baseline when
addressing emerging human rights issues.
 15. Criticism of the UDHR
Though globally influential, the UDHR is not without controversy:

1. Legal Ambiguity:
Because the document lacks enforcement mechanisms, critics argue it is more of an ideal
than a concrete guarantee.

2. Western Bias:
Post-colonial and Global South critics argue that its emphasis on individualism and civil-
political rights was shaped too much by Western philosophical traditions, especially
Enlightenment liberalism.

3. Selective Application:
Some nations invoke UDHR selectively — championing it at the international level,
while violating it domestically.

16. Concluding Evaluation: UDHR's Status Today

The UDHR is not a treaty, so it is technically non-binding.

However, its values and specific provisions have become the cornerstone of modern
human rights law.

Most national constitutions post-1948 reflect its provisions, and courts globally reference it
in decisions.

The UDHR has advanced from being merely an aspirational declaration to forming part of
the customary international law framework, particularly for:
 The right to life.
 The prohibition of torture and inhuman treatment.
 Equality and non-discrimination.
 Freedom of speech and conscience.

17. Final Words

In short:
The Universal Declaration of Human Rights (1948) is one of the most profound human
achievements, defining the aspirations of mankind for a dignified, fair, and just world.
Although not binding in the strict legal sense, its influence is profound and far-reaching:
  It has shaped constitutions.
 Guided courts.
 Inspired international treaties.
 Empowered social movements.
 And continues to inspire the pursuit of human dignity globally.

As former UN Secretary-General Ban Ki-moon said:

"The UDHR empowers us all. Human rights are the foundation of peace, development, and
justice."

Q12. Discuss the provisions of the International Human Rights Instruments

regarding the principle of equal rights of men and women. (2022)

Provisions of International Human Rights Instruments Regarding the Principle of Equal

Rights of Men and Women
Introduction
The principle of equality between men and women is a cornerstone of modern human rights law,
recognized as essential to the full realization of human dignity and freedom. Gender equality is
not only a moral imperative but also a legal one, as reflected in various international human
rights instruments. These instruments aim to eliminate all forms of discrimination based on
gender, promoting the equal rights of men and women in all spheres of life.
This essay discusses the key provisions of international human rights instruments concerning
gender equality, including the Universal Declaration of Human Rights (UDHR), the Convention
on the Elimination of All Forms of Discrimination against Women (CEDAW), the International
Covenant on Civil and Political Rights (ICCPR), and other relevant treaties. The essay will also
explore the implications of these provisions and their impact on global efforts to achieve gender
equality.
The Universal Declaration of Human Rights (UDHR)
The Foundational Document for Human Rights
The UDHR, adopted by the United Nations General Assembly in 1948, serves as the
foundational document for international human rights law. Although it is not legally binding, the
UDHR has shaped the development of human rights law globally and laid the groundwork for
subsequent binding treaties. Article 1 of the UDHR proclaims that “all human beings are born
free and equal in dignity and rights.” This provision establishes the fundamental principle of
equality, which includes the equality of men and women.
Article 2: Non-Discrimination
Article 2 of the UDHR further emphasizes equality, stating, “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.” This article explicitly prohibits discrimination on the basis of sex, laying the
foundation for the later development of gender-specific rights under international law.
Article 7: Equality Before the Law
Article 7 of the UDHR provides that “all are equal before the law and are entitled without any
discrimination to equal protection of the law.” This provision mandates that men and women be
treated equally before the law, ensuring that gender-based legal disparities are addressed. This
principle has been fundamental in advancing gender equality, particularly in areas such as family
law, inheritance, and property rights.
The UDHR, while not specifically dedicated to the rights of women, laid the groundwork for the
development of more detailed and specific legal instruments aimed at achieving gender equality.
The Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
Introduction to CEDAW
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
adopted by the United Nations General Assembly in 1979, is one of the most comprehensive
international human rights treaties dedicated to women’s rights. Often referred to as the
“International Bill of Rights for Women,” CEDAW outlines the steps that state parties should
take to eliminate discrimination against women in all spheres of life.
CEDAW defines discrimination against women in its Article 1 as “any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field.”
Key Provisions of CEDAW
Article 2: Obligation to Eliminate Discrimination
Article 2 of CEDAW requires state parties to take all appropriate measures to eliminate
discrimination against women in public and private life. This includes adopting legislative,
judicial, administrative, and other measures to eliminate gender-based discrimination and to
ensure that women enjoy equal rights in all spheres of life, including education, employment,
healthcare, and political participation.
Article 3: Guaranteeing Equal Rights
Article 3 of CEDAW mandates that state parties guarantee the full development and
advancement of women in order to ensure the enjoyment of equal rights with men. This
provision emphasizes the need for proactive measures to achieve gender equality, rather than
merely the absence of discrimination.
Article 5: Gender Stereotypes
Article 5 of CEDAW requires state parties to take measures to eliminate traditional cultural
practices and stereotypes that perpetuate the inferiority of women and limit their potential. This
includes combating harmful cultural practices such as child marriage, female genital mutilation,
and gender-based violence, which often stem from deep-seated gender inequalities.
Article 7: Political Participation
Article 7 of CEDAW specifically addresses women’s rights in the political sphere, calling for
equal participation of men and women in political and public life. State parties are required to
take steps to ensure that women have equal access to political office, public decision-making
positions, and other aspects of governance.
Article 11: Employment and Economic Rights
Article 11 of CEDAW guarantees women’s right to equal treatment in employment and economic
activities. It calls for measures to eliminate discrimination in the workplace, including equal pay
for equal work, maternity leave, and protection against workplace harassment.
Article 12: Health Rights
Article 12 of CEDAW emphasizes the right of women to access healthcare services without
discrimination, including reproductive health services. It mandates that states ensure women’s
access to services related to family planning, maternal care, and other essential health services.
Monitoring Implementation
CEDAW also provides for a monitoring mechanism. The Committee on the Elimination of
Discrimination Against Women (CEDAW Committee) is responsible for reviewing state parties’
progress in implementing the provisions of the Convention. State parties must submit periodic
reports to the Committee, which provides recommendations and guidance on how to further
promote gender equality.
The International Covenant on Civil and Political Rights (ICCPR)
Equality in Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR), adopted by the United
Nations General Assembly in 1966, is a core international treaty that guarantees civil and
political rights to all individuals, without distinction. The ICCPR contains provisions that
promote the equality of men and women in civil and political life.
Article 2: Non-Discrimination
Article 2 of the ICCPR requires state parties to respect and ensure the rights recognized in the
Covenant to all individuals within their jurisdiction, without discrimination of any kind,
including sex. This provision underscores the commitment to ensuring that women have the
same civil and political rights as men.
Article 3: Equality of Rights Between Men and Women
Article 3 of the ICCPR specifically guarantees the equal rights of men and women to enjoy civil
and political rights. This provision is crucial because it explicitly affirms gender equality in the
enjoyment of civil and political rights, including the rights to vote, participate in public affairs,
and have equal access to legal protections.
Article 26: Equal Protection Before the Law
Article 26 of the ICCPR guarantees that all individuals are entitled to equal protection of the law.
This includes equal access to legal remedies, protection from discrimination, and equal treatment
under the law. The provision ensures that women are not subjected to legal discrimination based
on their gender.
The International Covenant on Economic, Social and Cultural Rights (ICESCR)
Equal Rights to Economic, Social, and Cultural Participation
The International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted in
1966, guarantees a broad range of economic, social, and cultural rights. These rights include the
right to work, education, healthcare, and an adequate standard of living, all of which are critical
for achieving gender equality.
Article 2: Progressive Realization of Rights
Article 2 of the ICESCR commits state parties to progressively realize the rights enshrined in the
Covenant, including the right to equal access to education, healthcare, and employment. It
emphasizes the need for states to adopt policies and measures to eliminate gender-based
discrimination in these areas.
Article 3: Equal Rights of Men and Women
Article 3 of the ICESCR explicitly guarantees that men and women shall have equal rights to the
enjoyment of the economic, social, and cultural rights set forth in the Covenant. This provision
reinforces the commitment to ensuring gender equality in areas such as employment, education,
and healthcare.
Article 10: Protection of Family Life
Article 10 of the ICESCR addresses the protection of the family unit and the rights of women
within the family. It calls for the protection of women’s rights to participate in family life on an
equal basis with men and ensures that women are not subjected to violence or exploitation within
the family.
Other International Instruments and Regional Agreements
In addition to the global treaties mentioned above, several regional human rights instruments also
contain provisions regarding the equality of men and women. For example, the European
Convention on Human Rights (ECHR), the African Charter on Human and Peoples'
Rights, and the American Convention on Human Rights all enshrine the principle of gender
equality and prohibit discrimination on the basis of sex.
Conclusion
The provisions of international human rights instruments regarding the principle of equal rights
of men and women reflect a global commitment to eliminating gender-based discrimination and
promoting equality in all spheres of life. Through instruments like the UDHR, CEDAW, the
ICCPR, and the ICESCR, the international community has created a robust framework for
advancing gender equality and protecting the rights of women. However, significant challenges
remain in ensuring full implementation and enforcement of these rights at the national level.
Continued efforts are required to overcome deeply entrenched gender inequalities and to ensure
that the promises of these international human rights instruments are fully realized for all
women, everywhere.

Q14. The Covenant on Civil and Political Rights incorporates the traditional
human or fundamental rights. However, they are not absolute and could be
curtailed on certain grounds. Comment. (2022)

The Covenant on Civil and Political Rights Incorporates the Traditional Human or
Fundamental Rights. However, They Are Not Absolute and Could Be Curtailed on Certain
Grounds
Introduction
The International Covenant on Civil and Political Rights (ICCPR), adopted in 1966, is one of the
core international human rights instruments, protecting the fundamental rights of individuals
around the world. As a legally binding treaty, the ICCPR guarantees a range of civil and political
rights to all individuals, including the right to life, freedom of expression, freedom of assembly,
and the right to a fair trial. These rights are commonly referred to as "traditional human rights" or
"fundamental rights," as they form the foundation of human dignity and personal liberty.
However, while the ICCPR guarantees these rights, it also recognizes that these rights are not
absolute. In certain circumstances, state parties may be allowed to restrict or derogate from
specific rights for reasons of national security, public order, public health, or public morals. The
idea that human rights are not absolute and can be curtailed under certain conditions has been a
subject of considerable debate in human rights jurisprudence. This essay will critically examine
the provisions of the ICCPR related to the curtailment of rights, the justifications for such
limitations, and the safeguards that are embedded within the Covenant to ensure that any
restriction on rights is necessary, proportionate, and non-discriminatory.
The ICCPR and Traditional Human Rights
Civil and Political Rights Guaranteed by the ICCPR
The ICCPR guarantees a wide range of civil and political rights in its provisions. These rights are
essential to the protection of personal freedom, equality, and the rule of law. Some of the most
important rights guaranteed under the ICCPR include:
 Right to Life (Article 6): This article recognizes the inherent right of every individual to
life, which should be protected by law. The right to life is considered a non-derogable
right, meaning it cannot be suspended or restricted, even during times of emergency.
 Freedom from Torture and Degrading Treatment (Article 7): This provision prohibits
torture, cruel, inhuman, or degrading treatment or punishment under any circumstances.
It reflects a universal prohibition against such practices and ensures respect for human
dignity.
 Right to Liberty and Security of Person (Article 9): Individuals are entitled to be free
from arbitrary detention or imprisonment. This article also outlines the rights of
individuals in detention, including the right to be informed of the reasons for their arrest
and to have access to legal representation.
 Freedom of Expression (Article 19): This article guarantees the right to freely express
one's opinions and ideas, subject to certain limitations that are necessary for the
protection of national security, public order, or the rights of others.
 Freedom of Assembly and Association (Articles 21 and 22): The ICCPR guarantees the
right to peaceful assembly and association, with the understanding that states may place
certain restrictions on these rights to maintain public order or national security.
 Right to Participate in Public Affairs (Article 25): Citizens are entitled to participate in
the political process, including the right to vote and stand for election.
 Right to a Fair Trial (Article 14): This provision guarantees that individuals accused of
criminal offenses have the right to a fair and public hearing by an impartial tribunal. It
also sets out minimum standards for the protection of the rights of individuals in judicial
proceedings.
Non-Derogable Rights
While the ICCPR allows for certain limitations on civil and political rights, it also identifies a
number of rights that are considered non-derogable, meaning they cannot be suspended or
restricted under any circumstances, even during states of emergency. These non-derogable rights
include:
  Right to Life (Article 6): As mentioned above, the right to life is non-derogable. It
cannot be suspended, even during times of war or national emergency.
 Freedom from Torture and Degrading Treatment (Article 7): The prohibition against
torture and degrading treatment is absolute. No circumstances can justify the use of
torture, regardless of the severity of the situation.
 Freedom from Slavery and Forced Labor (Article 8): This right is also non-derogable,
prohibiting slavery, servitude, and forced labor under any circumstances.
 Recognition of Personhood (Article 16): Every individual is entitled to recognition as a
person before the law, ensuring that no one can be arbitrarily deprived of their legal
rights.
The Scope for Curtailment of Rights
While the ICCPR guarantees a broad range of fundamental rights, it acknowledges that these
rights may not always be absolute. States are allowed to place restrictions on certain rights under
specific circumstances, provided that such restrictions are necessary, proportionate, and
prescribed by law.
Article 4: Derogation During States of Emergency
Article 4 of the ICCPR allows for derogation from certain rights during times of public
emergency. However, this derogation is not without limits. The article establishes a strict
framework within which derogation is permitted:
1. Declaration of Emergency: States must officially declare a state of emergency, which
must be publicly proclaimed and can only last for the duration of the emergency. The
declaration must be made in accordance with the Constitution of the state and must meet
the requirements of necessity.
2. Specific Rights that May Be Derogated: Article 4 permits the derogation of certain
rights during emergencies, such as the right to liberty and security of person, freedom of
movement, and the right to freedom of expression. However, even during such
derogation, certain non-derogable rights—such as the right to life, freedom from torture,
and recognition as a person before the law—must be upheld.
3. No Derogation from Certain Rights: The article also specifies that certain rights cannot
be derogated from, including the prohibition of torture, slavery, and recognition before
the law.
4. International Oversight: States must report to the United Nations about any derogation
from the ICCPR, and the Human Rights Committee monitors these derogations to ensure
they comply with international law.
Article 19: Freedom of Expression and Limitations
Article 19 guarantees the right to freedom of expression, but this right is not absolute. The article
permits restrictions on freedom of expression in specific circumstances, provided the restrictions
are:
 Prescribed by law: The limitation must be legally authorized and publicly known.
 For legitimate purposes: The restrictions must aim to protect national security, public
order, public health, or public morals, or to prevent the infringement of the rights and
reputations of others.
 Necessary and Proportionate: Any restriction on freedom of expression must be
necessary for the stated legitimate purpose and proportionate to the threat posed. For
example, a state may limit freedom of expression during times of war if the expression
could incite violence or undermine national security, but any such restriction must be
narrowly tailored to the situation.
Article 21: Freedom of Assembly and Association
The right to freedom of assembly and association is also subject to restrictions. Article 21 allows
states to impose limitations on peaceful assembly if such assembly threatens public safety or
national security. Restrictions must be necessary for the protection of national security, public
order, or public health and should not be used as a pretext for suppressing political dissent or
stifling legitimate forms of protest.
Safeguards Against Excessive Limitations
While the ICCPR allows for restrictions on certain rights, it places safeguards to ensure that
these limitations do not go beyond what is strictly necessary. These safeguards include:
The Principle of Proportionality
A fundamental safeguard against excessive limitations is the principle of proportionality, which
requires that any restriction on a right must be proportionate to the legitimate aim it seeks to
achieve. The limitation must not be excessive in relation to the objective pursued. For example,
if the government restricts freedom of expression to prevent violence, the restriction must not be
overly broad or apply to speech that does not incite violence.
Judicial Review
The ICCPR recognizes the importance of judicial review in preventing the arbitrary curtailment
of rights. Courts play a critical role in ensuring that any restrictions imposed by the state are
lawful, necessary, and proportionate. Judicial oversight ensures that governments do not misuse
their powers and that individuals have access to effective remedies if their rights are violated.
International Monitoring
The Human Rights Committee, established under the ICCPR, monitors the implementation of the
Covenant and reviews reports submitted by state parties. It has the authority to examine
complaints submitted by individuals who claim to have suffered violations of their rights under
the ICCPR. The Committee provides interpretations of the Covenant’s provisions, including the
permissible limitations on rights, and issues recommendations to state parties to ensure
compliance with international human rights standards.
Conclusion
The ICCPR represents a significant advancement in the protection of civil and political rights
worldwide. While it guarantees traditional human rights, it also recognizes that these rights are
not absolute and can be restricted in certain circumstances, such as during a state of emergency
or to protect public safety, national security, or the rights of others. However, the ICCPR places
strict limitations on these restrictions, ensuring that they are necessary, proportionate, and legally
justified.
The safeguards embedded in the Covenant, including the principles of proportionality, judicial
review, and international oversight, are designed to ensure that restrictions on rights are not
misused by governments and that individuals have access to remedies when their rights are
violated. In this way, the ICCPR strikes a balance between the protection of fundamental rights
and the legitimate needs of the state, reinforcing the importance of human dignity and the rule of
law in the international human rights system.

10 markers
Q1. Write down the salient features of European convention Human Rights and
Fundamental freedoms. (2024)

The European Convention on Human Rights (ECHR), formally known as the

Convention for the Protection of Human Rights and Fundamental Freedoms, is a
cornerstone of human rights protection in Europe. Established in the aftermath of
World War II, it aims to safeguard the fundamental rights and freedoms of
individuals within the jurisdiction of its signatory states. The Convention has
profoundly influenced the legal landscape of Europe, setting standards for human
rights and providing mechanisms for their enforcement.Latest news & breaking
headlines+2Wikipedia+2Portal+2

1. Historical Background and Purpose

In the wake of the atrocities committed during World War II, European nations
recognized the need for a unified approach to human rights protection. The Council
of Europe, established in 1949, spearheaded the drafting of the ECHR, which was
signed in Rome on November 4, 1950, and came into force on September 3, 1953 .
The Convention was groundbreaking, as it was the first international treaty to
establish a supranational court—the European Court of Human Rights (ECtHR)—to
enforce human rights obligations.

2. Structure of the Convention

The ECHR is structured into several sections:

 Preamble: Outlines the motivations for the Convention, emphasizing the

commitment to fundamental freedoms.

 Articles 1–18: Enumerate the substantive rights and freedoms guaranteed.

 Articles 19–59: Detail the establishment, jurisdiction, and procedures of

the ECtHR.

 Protocols: Additional protocols have been adopted to expand and update the
Convention's provisions.Wikipedia+3Portal+3Portal+3

3. Salient Features of the ECHR

a. Comprehensive Protection of Rights

The Convention guarantees a wide array of civil and political rights, including:
Equality and Human Rights Commission+1Portal+1

 Right to Life (Article 2): Protects individuals from arbitrary deprivation of

life.Wikipedia

 Prohibition of Torture (Article 3): Absolute ban on torture and inhuman or

degrading treatment.Portal

 Right to Liberty and Security (Article 5): Ensures lawful detention

procedures.Wikipedia+1Latest news & breaking headlines+1

 Right to a Fair Trial (Article 6): Guarantees fair and public hearings within
a reasonable time.

 Right to Respect for Private and Family Life (Article 8): Protects
personal and family privacy.Portal
  Freedom of Thought, Conscience, and Religion (Article 9): Safeguards
religious and philosophical beliefs.

 Freedom of Expression (Article 10): Ensures the right to hold opinions and
receive information.

 Freedom of Assembly and Association (Article 11): Protects peaceful

assembly and association rights.

 Right to Marry (Article 12): Recognizes the right to marry and found a
family.

 Prohibition of Discrimination (Article 14): Ensures rights are enjoyed

without discrimination.

Additional rights have been incorporated through protocols, such as the abolition
of the death penalty (Protocol 13) and the right to education (Protocol 1, Article 2)
Equality and Human Rights Commission.

b. Enforceability Through the European Court of Human Rights

A distinctive feature of the ECHR is the establishment of the ECtHR in

Strasbourg. This court allows individuals, groups, and states to bring cases alleging
violations of the Convention. The Court's judgments are binding on the states
concerned, and they are obligated to execute the judgments, ensuring practical
enforcement of human rights Wikipedia.

c. Doctrine of Margin of Appreciation

The ECtHR employs the "margin of appreciation" doctrine, granting states a degree
of discretion in how they implement certain rights, acknowledging cultural and
societal differences. This approach balances the universality of human rights with
respect for national sovereignty Wikipedia.

d. Prohibition of Derogation from Certain Rights

While the Convention allows for temporary derogation from some rights during
public emergencies (Article 15), certain rights, such as the prohibition of torture
(Article 3) and slavery (Article 4), are non-derogable, underscoring their
fundamental nature.

e. Dynamic Interpretation
The ECtHR adopts a "living instrument" approach, interpreting the Convention in
light of present-day conditions. This dynamic interpretation ensures that the
rights remain relevant and effective over time.

4. Impact and Influence

The ECHR has had a profound impact on human rights protection in Europe:

 Legal Reforms: Many member states have amended laws and practices to
comply with the Convention.

 Human Rights Culture: The Convention has fostered a culture of human

rights, influencing public discourse and policy.

 Precedent for Other Regions: The ECHR has served as a model for other
human rights instruments globally.

5. Challenges and Criticisms

Despite its successes, the ECHR faces challenges:

 Backlog of Cases: The ECtHR has experienced a high volume of cases,

leading to delays.

 Political Tensions: Some member states have criticized the Court's

decisions, alleging overreach into national affairs.

 Implementation Issues: Ensuring full compliance with judgments remains a

concern in certain jurisdictions.

6. Conclusion

The European Convention on Human Rights stands as a monumental achievement in

the protection of human rights. Its comprehensive rights framework,
enforceability through the ECtHR, and dynamic interpretation have made it a living
instrument, adapting to contemporary challenges. While it faces certain challenges,
its role in promoting human dignity, freedom, and justice across
Q2. Write down an essay on American convention on Human Rights. (2024)

The American Convention on Human Rights (ACHR), also known as the Pact of
San José, is a pivotal regional treaty that enshrines civil, political, and certain
economic, social, and cultural rights across the Americas. Adopted on November
22, 1969, in San José, Costa Rica, and entering into force on July 18, 1978, the
ACHR operates under the auspices of the Organization of American States
(OAS). It aims to consolidate a system of personal liberty and social justice within
the framework of democratic institutions. Wikipedia+1cidh.oas.org+1

1. Historical Context and Objectives

The ACHR emerged during a period marked by political upheaval and human rights
violations in Latin America. Its primary objective is to safeguard the fundamental
rights of individuals and to ensure that states uphold these rights within their
jurisdictions. The Convention emphasizes that these rights are inherent to human
beings and not granted by the state, thereby justifying international protection.
cidh.oas.org

2. Structure and Core Provisions

The Convention is structured into several chapters, each delineating specific rights
and obligations:Wikisource, the free library

a. Civil and Political Rights (Articles 3–25)

These articles encompass a broad spectrum of rights, including:

 Right to Life (Article 4): Recognizes the right to life from the moment of
conception. Wikipedia

 Right to Humane Treatment (Article 5): Prohibits torture and cruel,

inhuman, or degrading treatment.

 Right to Personal Liberty (Article 7): Protects individuals from arbitrary

arrest or detention.

 Right to a Fair Trial (Article 8): Ensures due process and the presumption
of innocence. Wikisource, the free library
  Freedom of Thought and Expression (Article 13): Safeguards the right to
hold opinions and disseminate information.

 Right to Judicial Protection (Article 25): Guarantees access to effective

legal remedies. Human Rights Commitments

b. Economic, Social, and Cultural Rights

While the ACHR primarily focuses on civil and political rights, it acknowledges the
importance of economic, social, and cultural rights. The Protocol of San Salvador,
adopted in 1988, supplements the Convention by elaborating on rights such as the
right to work, health, and education. Wikipedia

3. Mechanisms for Enforcement

The ACHR establishes two principal bodies to monitor and enforce its provisions:

a. Inter-American Commission on Human Rights (IACHR)

Based in Washington, D.C., the IACHR promotes human rights and investigates
alleged violations. It can receive petitions from individuals, groups, or states and
issue recommendations to member states.Wikipedia

b. Inter-American Court of Human Rights

Located in San José, Costa Rica, the Court adjudicates cases referred by the
IACHR or member states. Its binding judgments require states to implement
corrective measures and provide reparations to victims. Wikipedia

4. Derogation and Limitations

The Convention permits temporary suspension of certain rights during emergencies

threatening national security (Article 27). However, non-derogable rights include:
Wikipedia

 Right to juridical personalityWikipedia

 Right to life

 Freedom from torture

  Freedom from slaveryWikisource, the free
library+2Wikipedia+2cidh.oas.org+2

 Freedom from ex post facto lawsWikipedia+1Wikisource, the free library+1

 Freedom of conscience and religionWikipedia

 Rights of the family and child

 Right to nationality

 Right to participate in government

These protections ensure that fundamental human rights remain inviolable, even in
times of crisis.

5. Ratification and Reservations

As of recent data, 24 OAS member states have ratified the ACHR. Notably, the
United States signed the Convention in 1977 but has not ratified it. Concerns over
certain provisions, such as the recognition of the right to life from conception,
have influenced some countries' decisions regarding ratification. Wikipedia

6. Challenges and Criticisms

The ACHR has faced challenges, including:

 Non-Ratification: Key countries like the United States have not ratified the
Convention, limiting its universality.

 Withdrawal: Countries such as Trinidad and Tobago and Venezuela have

denounced the Convention, citing concerns over sovereignty and the Court's
jurisdiction. Wikipedia

 Implementation: Ensuring compliance with the Court's judgments remains a

persistent issue, with some states delaying or neglecting implementation.

7. Conclusion
The American Convention on Human Rights stands as a testament to the collective
commitment of the Americas to uphold human dignity and fundamental freedoms.
While it has achieved significant milestones in promoting human rights, ongoing
efforts are essential to address challenges and ensure that its principles are fully
realized across the region.

Q3. Write down the composition and functions of the national commission for
women. (2024, 2022)

Essay on the Composition and Functions of the National Commission for

Women (NCW)

Introduction

The National Commission for Women (NCW) is a statutory body in India

established under the National Commission for Women Act, 1990. It plays a
pivotal role in safeguarding the rights of women, recommending policy reforms, and
addressing grievances related to gender discrimination and violence. The
commission acts as a watchdog for the welfare of women and helps the government
in framing and implementing gender-sensitive policies.

Background and Need for NCW

Women in India have historically faced marginalization, exploitation, discrimination,

and violence, both at social and institutional levels. Despite constitutional
safeguards such as Articles 14, 15, 16, and 39, the ground reality reflected
significant gender inequalities in employment, education, health, and social status.

Recognizing these issues, the Committee on the Status of Women in India (1974-
75) recommended the establishment of a dedicated body for women's welfare.
This led to the creation of the National Commission for Women, officially coming
into existence in January 1992.

Objectives of the NCW

The core objectives of the National Commission for Women are:

 1. To investigate and examine all matters relating to the constitutional and
legal safeguards provided for women.

2. To review the existing legislations and suggest amendments wherever

necessary.

3. To ensure proper enforcement of laws and suggest remedial legislative

measures.

4. To create awareness about womenÕs rights.

5. To help improve the condition and status of women in India socially,

economically, and politically.

Legal Framework

The National Commission for Women derives its authority from:

 The Constitution of India, particularly:

o Article 14: Equality before law.

o Article 15: Prohibition of discrimination on grounds of religion, race,

caste, sex, or place of birth.

o Article 16: Equality of opportunity in public employment.

o Article 39(a): Right to adequate means of livelihood.

o Article 39(d): Equal pay for equal work.

 The National Commission for Women Act, 1990.

Composition of the National Commission for Women

The National Commission for Women is composed of a chairperson, members, and a

member secretary. The commission is constituted by the Central Government.

1. Chairperson

 Appointed by the Central Government.

 A person who is committed to the cause of women or has relevant expertise.

  Acts as the head and public face of the commission.

2. Members

 The commission consists of five members.

 Appointed by the Central Government.

 The members are chosen from diverse backgrounds such as law, education,
social work, sociology, and other fields relevant to womenÕs welfare.

 Out of these, at least one member must belong to the Scheduled Castes
or Scheduled Tribes.

3. Member Secretary

 Appointed by the Central Government.

 Should be:

o An expert in management, organizational structure, or socio-economic

development.

o Or an officer holding a post equivalent to that of Secretary to the

Government of India.

Functions of the National Commission for Women

The NCW has both advisory and quasi-judicial functions. The commission's tasks
are multidimensional, focusing on protection, promotion, and policy advocacy for
women's rights.

1. Investigation and Inquiry

 Investigates specific problems relating to the violation of women's rights.

 Takes suo-moto notice of matters relating to:

o Deprivation of womenÕs rights.

o Non-implementation of laws enacted to provide protection.

o Non-compliance of policies relating to womenÕs welfare.

2. Review of Laws

 Reviews and recommends amendments in existing laws to ensure they meet

the needs of justice and eliminate gender bias.

 Studies laws affecting women and suggests remedial legislative measures to

Parliament and state legislatures.

3. Grievance Redressal

 Receives complaints from women or on behalf of women regarding violation

of rights.

 Can call upon concerned authorities for inquiry and provide relief to
aggrieved women.

 Helps women in accessing justice through free legal aid and counseling.

4. Advocacy and Awareness

 Conducts workshops, seminars, and awareness programs on gender

sensitization, legal literacy, and rights of women.

 Plays a significant role in promoting gender equality at the social and

institutional levels.

5. Research and Documentation

 Undertakes research on issues impacting women.

 Documents trends, societal practices, and legal cases.

 Publishes reports on the status of women in various sectors like health,

education, employment, and social security.

6. Policy Recommendations
 Recommends measures to the government on policies that can help improve
womenÕs status.

 Collaborates with NGOs, academia, and state commissions to formulate

comprehensive policies.

7. Inspection Powers

 Visits jails, remand homes, womenÕs shelters, and other institutions where
women are housed.

 Submits reports and recommendations for improvement.

8. Special Studies and Advice

 Studies emerging issues such as:

o Cyber crimes against women.

o WomenÕs representation in politics.

o Workplace harassment.

 Advises the government on policy interventions accordingly.

9. Legal Assistance

 Offers legal support and counseling to women facing domestic abuse,

workplace harassment, dowry cases, and other forms of violence.

 Refers cases to appropriate legal or administrative authorities for action.

10. Suo Moto Actions

 Initiates action on its own in cases where womenÕs rights are being violated,
even without a formal complaint.

 This ensures proactive intervention in matters of grave importance.

 Important Initiatives by NCW

Some notable initiatives and programs introduced by the National Commission for
Women include:

 ‘Parivarik Mahila Lok AdalatÕ: A platform for amicable dispute resolution.

 Awareness Campaigns on topics like:

o Sexual harassment at workplaces.

o Dowry prohibition.

o Domestic violence.

 Online Grievance Redressal System (NGO-NCW Complaints Monitoring

System) to ensure faster action.

 NRI Cell: To address grievances of Indian women married to Non-Resident

Indians.

Significance of the National Commission for Women

1. Acts as the voice for womenÕs rights in India.

2. Offers institutional support and a platform for grievances.

3. Contributes towards legal and policy reforms.

4. Empowers women to seek redress for injustices.

5. Helps reduce cases of gender-based discrimination and violence through

awareness and advocacy.

Limitations and Criticisms

 Lack of Binding Authority: Recommendations of NCW are not binding on the

government.

 Resource Constraints: Limited human and financial resources affect the

commissionÕs effectiveness.
  Dependency on Executive Action: Lack of independent power to enforce
decisions.

 Political Appointments: Sometimes criticized for being influenced by

political interests.

Conclusion

The National Commission for Women serves as a cornerstone in IndiaÕs commitment

to ensuring gender justice and equality. Despite some limitations, the commission
has played an invaluable role in highlighting and addressing womenÕs issues —
ranging from domestic violence to workplace harassment, from representation in
politics to economic participation. Strengthening its powers, enhancing its
resources, and ensuring functional autonomy would further empower the NCW to
fulfill its constitutional mandate more effectively.

Exam Smart Notes:

Point Details

Establishment By the NCW Act, 1990

Status Statutory Body

Chairperson Appointed by Central Government

Members 5 Members + 1 Member Secretary

Powers Advisory + Suo Moto Inquiry

Core Role Policy Recommendation, Advocacy, Legal Aid, Awareness

Q4. Briefly explain collective rights. (2023)

Briefly Explain Collective Rights

 Introduction

In the realm of international human rights law, rights are typically discussed in two
broad categories: individual rights and collective rights. While individual rights
pertain to the freedoms and entitlements of each person, collective rights refer
to the rights held by a group, community, or collective entity rather than by its
individual members separately.

Collective rights are essential to preserving the identity, dignity, and survival of
particular groups, especially in multi-ethnic, multi-religious, and diverse societies.

Definition of Collective Rights

Collective Rights can be defined as:

"The rights enjoyed by a group or community collectively, aimed at preserving their

shared interests, culture, identity, environment, and dignity."

These rights recognize the social and cultural dimensions of human beings and
acknowledge that some rights are meaningful only when exercised collectively.

Examples of Collective Rights

1. Right to Self-Determination
Recognized under Article 1 of both the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic,
Social and Cultural Rights (ICESCR), this right allows people to freely
determine their political status and pursue their economic, social, and
cultural development.

2. Rights of Indigenous Peoples

The UN Declaration on the Rights of Indigenous Peoples (UNDRIP)
explicitly recognizes collective rights such as:

o Right to ancestral lands.

o Right to cultural preservation.

o Right to self-governance.
3. Minority Rights
Article 27 of the ICCPR affirms the collective rights of ethnic, religious,
and linguistic minorities to enjoy their own culture, practice their religion,
and use their own language.

4. Environmental Rights
The right of communities to a clean, healthy, and sustainable environment is
increasingly being recognized as a collective right — reflected in various
international treaties and national constitutions.

5. Right to Peace and Development

Groups of people, especially in post-colonial states, are recognized to have
collective rights to development, sovereignty over natural resources, and the
pursuit of peace.

Importance of Collective Rights

1. Protection of Group Identity

Collective rights ensure that a group's distinct identity, customs, and
practices are not eroded in the face of external pressures, assimilation
policies, or marginalization.

2. Preservation of Cultural Heritage

Language, traditional knowledge, religious practices, and community
structures are preserved through the acknowledgment of collective rights.

3. Promotion of Social Justice

Recognizing collective rights helps correct historical wrongs, especially
against marginalized or colonized peoples.

4. Balance Between Individual and Group Interests

Some rights, such as the right to self-determination or access to common
property resources, can only be realized at the group level.

Legal Frameworks Recognizing Collective Rights

Instrument Relevant Provisions

Article 1 — Right to self-determination. Article 27

ICCPR (1966)
— Minority rights.

ICESCR (1966) Article 1 — Right to self-determination.

Multiple articles on indigenous people's rights over

UNDRIP (2007)
land, culture, self-governance.

African Charter on Human Explicitly protects peoples' rights to existence,

and Peoples' Rights (1981) development, and control over natural resources.

Protects the collective rights of indigenous and

ILO Convention 169
tribal peoples.

Difference Between Individual Rights and Collective Rights

Individual Rights Collective Rights

Belong to each individual. Belong to a group as a whole.

Enforced by individual complaints or Enforced by group representation or state

litigation. action.

Focus on personal freedom and Focus on cultural preservation and group

dignity. existence.

Example: Right to life, freedom of Example: Right to self-determination,

speech. indigenous rights.

Criticism and Challenges

 Ambiguity: The scope and implementation of collective rights can sometimes

conflict with individual rights.

 Political Misuse: Some states misuse the idea of collective rights to justify
oppressive practices against minority groups or to limit individual freedoms.
  Global Recognition Gap: While many international instruments mention
collective rights, enforcement and interpretation vary significantly across
jurisdictions.

Collective Rights in Indian Context

India recognizes certain collective rights in its constitutional and legal framework,
such as:

 Article 29 and 30: Cultural and educational rights of minorities.

 Fifth and Sixth Schedules: Autonomy for tribal communities.

 Forest Rights Act, 2006: Collective ownership rights of tribal communities

over forests.

 Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA): Community

rights in tribal areas.

Conclusion

Collective rights complement individual rights and are indispensable for maintaining
the dignity, identity, and continued survival of communities, especially marginalized
or indigenous populations. In the globalized era, where cultural homogenization and
environmental degradation pose new threats, the protection and promotion of
collective rights remain crucial for achieving true human rights for all.

Quick Revision Table

Collective Rights Description

Right to Self- PeoplesÕ right to determine their political status and

Determination development.

Rights of Indigenous
Rights to land, culture, and self-governance.
Peoples
Collective Rights Description

Protection of cultural, linguistic, and religious

Minority Rights
identity.

Environmental Rights Right to a clean and healthy environment.

Group rights to equitable participation in economic

Development Rights
growth.

Q5. Explain the method of implementation of Human Rights provided under the
International Convention on Civil and Political Rights, 1966. (2023)

Implementation of Human Rights under the International Covenant on Civil

and Political Rights (ICCPR), 1966

Introduction

The International Covenant on Civil and Political Rights (ICCPR), adopted by the
United Nations General Assembly in 1966 and entering into force in 1976, is a
cornerstone of international human rights law. It obligates State Parties to
respect, protect, and fulfill a wide array of civil and political rights, including the
right to life, freedom of expression, and protection against torture. This essay
delves into the mechanisms and methods through which the ICCPR is implemented,
both at the international and domestic levels.

Legal Nature of the ICCPR

The ICCPR is a legally binding treaty for its State Parties. Upon ratification,
States commit to:

 Respect: Abstain from interfering with the enjoyment of rights.

 Protect: Prevent third parties from infringing upon these rights.

 Fulfill: Take positive actions to facilitate the enjoyment of these rights.

Article 2 of the ICCPR mandates States to adopt necessary legislative or other
measures to give effect to the rights recognized in the Covenant and to ensure
effective remedies for violations.

International Implementation Mechanisms

1. Human Rights Committee (HRC)

Established under Article 28 of the ICCPR, the Human Rights Committee is

composed of 18 independent experts. Its primary functions include:

 Reviewing State Reports: States are required to submit periodic reports

detailing their implementation of the Covenant. The Committee examines
these reports and provides concluding observations.

 General Comments: The Committee issues interpretative guidance on

specific provisions of the ICCPR to aid States in their implementation
efforts.

 Individual Communications: Under the First Optional Protocol, individuals

can submit complaints alleging violations of their rights under the ICCPR.
The Committee examines these communications and issues views on the
matters.

2. Optional Protocols

 First Optional Protocol: Establishes the individual complaint mechanism,

allowing individuals to bring complaints before the HRC after exhausting
domestic remedies.

 Second Optional Protocol: Aims at the abolition of the death penalty,

committing State Parties to refrain from executing anyone within their
jurisdiction.

Domestic Implementation Mechanisms

The effectiveness of the ICCPR largely depends on its incorporation into domestic
legal systems. States adopt various approaches based on their legal traditions:
1. Monist and Dualist Systems

 Monist States: Treaties like the ICCPR automatically become part of

domestic law upon ratification.

 Dualist States: Require specific legislation to incorporate treaty obligations

into domestic law.

2. Legislative Measures

States may enact or amend laws to align with ICCPR obligations. For instance,
enacting anti-discrimination laws or laws protecting freedom of expression.

3. Judicial Enforcement

Domestic courts play a crucial role in interpreting and enforcing ICCPR rights.
Courts may reference the Covenant in their judgments, thereby integrating
international standards into domestic jurisprudence.

4. Administrative Measures

Establishing national human rights institutions, training law enforcement on human

rights standards, and conducting public awareness campaigns are administrative
steps States can take to implement the ICCPR.

Challenges in Implementation

Despite the robust framework, several challenges persist:

 Lack of Political Will: Some States may lack commitment to fully implement
the Covenant's provisions.

 Resource Constraints: Implementing rights like fair trial standards may

require significant resources, which some States may lack.

 Cultural and Social Barriers: Societal norms and traditions may hinder the
realization of certain rights.

 Non-Binding Nature of HRC Views: While the Committee's views on

individual communications are authoritative, they are not legally binding,
leading to inconsistent compliance.
 Case Studies

1. Toonen v. Australia (1994)

The HRC held that Tasmania's laws criminalizing homosexual acts violated the
ICCPR's provisions on privacy and non-discrimination. This led to legislative changes
in Australia, showcasing the impact of the Committee's views.

2. Ioane Teitiota v. New Zealand (2020)

The Committee considered a complaint from a Kiribati national seeking asylum in

New Zealand due to climate change impacts. While the Committee did not find a
violation, it recognized that environmental degradation could pose a threat to the
right to life under the ICCPR.

Conclusion

The ICCPR provides a comprehensive framework for the protection of civil and
political rights. Its implementation relies on a combination of international
oversight and domestic action. While challenges remain, the mechanisms
established under the Covenant, particularly the Human Rights Committee and the
Optional Protocols, offer avenues for accountability and progress. Continuous
efforts by States, civil society, and international bodies are essential to ensure
the effective realization of the rights enshrined in the ICCPR.

Q6. Discuss the nature and development of Human Rights. What are its
importance in 21st Century? (2023)

Discuss the Nature and Development of Human Rights. What are its
Importance in the 21st Century?

Introduction

Human Rights are the inalienable rights that belong to every individual simply by
virtue of being human. Regardless of nationality, gender, ethnicity, religion, or
social status, human rights ensure the inherent dignity, equality, and freedom of
every person. The idea of human rights has evolved over centuries, gradually
shaping the modern global framework for justice, democracy, and peaceful
coexistence.

In this essay, we will explore the nature and historical development of human
rights, followed by an analysis of their growing importance in the 21st century.

Nature of Human Rights

Human Rights are:

1. Universal

Human rights apply to all people, everywhere, irrespective of race, nationality,

gender, or social status. This universality is emphasized in Article 1 of the
Universal Declaration of Human Rights (UDHR), 1948:

"All human beings are born free and equal in dignity and rights."

2. Inalienable

Human Rights cannot be taken away except under very specific, legal
circumstances (e.g., restriction of freedom after a fair trial).

3. Indivisible and Interdependent

All rights are of equal importance. Civil and political rights cannot be fully enjoyed
without economic, social, and cultural rights, and vice versa. The right to education,
for example, directly influences the right to political participation and employment.

4. Dynamic and Evolving

Human rights are not static; they evolve with societal progress. For instance, the
digital age has birthed new rights debates like data privacy and the right to access
the internet.
5. Legal and Moral Foundation

Human rights have both legal binding force (via national constitutions,
international treaties) and moral weight, guiding the conscience of individuals,
states, and global institutions.

Development of Human Rights: A Historical Overview

Ancient Period

Early traces of human rights principles can be found in:

 Code of Hammurabi (1754 BC) – an ancient Babylonian code emphasizing

justice.

 Ashoka's Edicts (3rd century BCE) – in India, promoting non-violence,

welfare, and tolerance.

 Natural Law theories by Greek philosophers like Socrates, Plato, and

Aristotle laid the moral groundwork for the concept of universal human
dignity.

Medieval Period

The middle ages saw some human rights concepts embedded in documents like:

 Magna Carta (1215, England) — emphasized limits on absolute monarchical

power.

 The Charter of the Forest (1217) — protected common peopleÕs access to

land and forests.

Enlightenment Period

The 17th and 18th centuries witnessed the birth of modern human rights
philosophy:
  John Locke proposed the theory of natural rights: life, liberty, and
property.

 Jean-Jacques Rousseau emphasized the "social contract" as the basis of

civil rights.

Modern Era

1. American Declaration of Independence (1776) asserted:

"All men are created equal, and are endowed by their Creator with certain
unalienable Rights."

2. French Declaration of the Rights of Man and of the Citizen (1789)

cemented the idea of liberty, property, security, and resistance to
oppression.

3. Abolition of Slavery (19th century) further advanced human rights

globally.

Post-World War II Era

The horrors of World War II made it evident that an international framework was
necessary. This led to:

 United Nations Charter (1945) — establishing human rights as a central

purpose of the UN.

 Universal Declaration of Human Rights (UDHR, 1948) — the first

universal human rights document.

Treaty Era: Codification of Rights

 International Covenant on Civil and Political Rights (ICCPR, 1966)

 International Covenant on Economic, Social and Cultural Rights (ICESCR,

1966)
together with UDHR form the International Bill of Rights.
 Contemporary Expansion

Rights have evolved to include:

 Group Rights (e.g., Indigenous Peoples).

 Third-Generation Rights (right to a healthy environment, right to

development).

 Digital Rights (data protection, privacy, freedom of expression online).

Importance of Human Rights in the 21st Century

The 21st century has introduced complex challenges—globalization, technological

transformation, climate change, migration crises, and political extremism—making
human rights more important than ever.

1. Safeguarding Human Dignity

As authoritarian tendencies rise globally, human rights act as a moral and legal
shield against state overreach, ensuring individuals are treated with dignity.

2. Protecting Democracy

Human rights are the cornerstone of democratic governance. Free speech,

freedom of assembly, and the right to vote form the foundation of any democratic
society.

3. Addressing Technological Risks

With the advancement of AI, facial recognition, and big data, human rights
frameworks ensure technology is developed and used in ways that protect
individual autonomy, consent, and privacy.
 4. Strengthening Global Justice

In an interconnected world, violations in one country have ripple effects.

International courts and human rights institutions hold states accountable,
upholding the principles of global justice and peace.

5. Empowering the Marginalized

Human rights frameworks amplify the voices of oppressed groups including:

 Women and girls

 LGBTQ+ communities

 Refugees and migrants

 Indigenous peoples

6. Environmental Protection

The emergence of climate justice movements has placed human rights at the core
of ecological sustainability. The right to a clean, safe, and healthy environment is
increasingly viewed as a fundamental human right.

7. Digital Freedoms

The digital age has expanded the scope of human rights. Questions about the right
to internet access, freedom of expression online, and data privacy now sit at the
forefront of global human rights debates.

8. Post-Pandemic Realities

COVID-19 revealed deep inequalities. Human rights-based approaches are vital for
ensuring:

 Equitable healthcare access.

 Protection against forced or discriminatory lockdowns.

  Fair vaccine distribution.

Conclusion

The nature and development of human rights reflect humanity's constant struggle
for justice, dignity, and equality. Rooted in both moral and legal foundations, human
rights have evolved from mere philosophical ideals into actionable, enforceable
legal standards.

In the 21st century, human rights are not only tools for securing liberty and
justice but also the most important guiding principles for addressing new-age
problems like artificial intelligence, environmental crises, and global inequality.
Their universality, indivisibility, and adaptability make human rights essential for
human flourishing in the modern world.

As the world faces increasingly complex threats, the promotion and protection of
human rights stand as humanityÕs most reliable defense against tyranny, injustice,
and oppression.

Q8. ‘Concept of Human Rights though it appears to be modern one however, it

has its own historical and philosophical foundationsÕ. Discuss the nature and
the development of human rights. What are its importance in 21 st century?
(2022)

Q9. Non-Governmental Organizations have done a commendable job with

regard to human rights at global level. Discuss. (2022)