Definition of Administrative Law
enforcement of human rights:- This The role of NGO’s and IGO’s:- Intergovernmental
bibliographical section will present literature on the organizations (IGOs) are international organizations that
various mechanisms designed to secure effective have only states as members, and the decision-making
compliance by states with their human rights authority lies with representatives from member
obligations. These mechanisms are by and large governments. They are supranational organizations, in
set up by the specific sources of international law— that states give up some of their sovereignty when they
particularly treaties—which define the relevant consent to abide by any agreements they enter into by
substantive human rights obligations. As such, the joining the organization. Moreover, IGOs transcend
issue of enforcement is inextricably linked to the country borders and can have a major impact on the
question of scope of the relevant treaties, for which governmental and transnational actors within states. As a
the reader is referred to the article on Human result, over time, IGOs can develop independent power
Rights. Similarly, this article’s examination of bases and develop identities separate from those of
enforcement will generally exclude the broader founding states. IGOs can be single-issue or multi-issue
question of why states choose to assume and organizations and they can be regional or global in their
comply with international legal obligations generally. scope. IGOs are entities that are meant to function to
It should also be noted that large-scale human some degree beyond the states that create them. IGOs are
rights violations can also implicate other areas of not replacements for government, as they do not govern.
international law, such as international humanitarian They try to contend with and help administer complex
law and international criminal law, and that one interrelationships and global economic, political, and
could for instance see trials before international social changes by facilitating cooperation with other
criminal courts and tribunals as methods of human actors, particularly governments. To this end, their work
rights enforcement broadly speaking. Again, extends beyond the traditional boundaries of
however, the reader is referred to the relevant governmental sovereignty.
articles examining these topics in more detail. Non Governmental Organisations, or NGOs, as they are
There are several ways in which this article could called in common parlance, are organisations which are
be structured. Rather than grouping the various involved in carrying out a wide range of activities for the
enforcement mechanisms by their method of benefit of underprivileged people and the society at large.
operation (e.g., monitoring and reporting, inter-state As the name suggests, NGOs work independently,
and individual complaints), the sections will be without any financial aid of the government although
organized by the various systems of protection, they may work in close coordination with the
each of them based government agencies for executing their projects.
NGOs take up and execute projects to promote welfare of
the community they work with. They work to address
various concerns and issues prevailing within the
society.
universal declaration of human rights:- The Universal
Declaration of Human Rights (UDHR) is a historic
document that was adopted by the United Nations
General Assembly at its third session on 10
December 1948 as Resolution 217 at the Palais de
Chaillot in Paris, France. Of the then 58 members
of the United Nations, 48 voted in favor, none
against, eight abstained, and two did not vote.[1]
The Declaration consists of 30 articles affirming an
individual's rights which, although not legally
binding in themselves, have been elaborated in
subsequent international treaties, economic
transfers, regional human rights instruments,
national constitutions, and other laws. The
Declaration was the first step in the process of
formulating the International Bill of Human Rights,
which was completed in 1966, and came into force
in 1976, after a sufficient number of countries had
ratified them.
Some legal scholars have argued that because
countries have constantly invoked the Declaration
for more than 50 years, it has become binding as a
part of customary international law.
international bill of human rights:- Whereas
recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is Human rights:-
the foundation of freedom, justice and peace in the Human rights
world, Whereas disregard and contempt for human rights reflect the minimum
have resulted in barbarous acts which have outraged the standards
conscience of mankind, and the advent of a world in necessary for
which human beings shall enjoy freedom of speech and
people to live with
belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common
dignity. Human
people, Whereas it is essential, if man is not to be rights give people
compelled to have recourse, as a last resort, to rebellion the freedom to
against tyranny and oppression, that human rights should choose how they
be protected by the rule of law, Whereas it is essential to live, how they
promote the development of friendly relations between express
nations, Whereas the peoples of the United Nations have themselves, and
in the Charter reaffirmed their faith in fundamental what kind of
human rights, in the dignity and worth of the human
government they
person and in the equal rights of men and women and
have determined to promote social progress and better
want to support,
standards of life in larger freedom, Whereas Member among many other
States have pledged themselves to achieve, in co- things. Human
operation with the United Nations, the promotion of rights also
universal respect for and observance of human rights and guarantee people
fundamental freedoms, the means
necessary to
satisfy their basic
Justice System and Human Rights:- Criminal Justice is
needs, such as
one of the critical areas of human rights where the legal
system is tested on a continuous basis for preservation of
food, housing, and
peace and security in society on the one hand, and education, so they
prevention of human dignity of both victims of crime and can take full
person accused of it, on the other. Besides the conceptual advantage of all
laws and practice of the criminal justice, the paper opportunities.
intends to cover, the human right perspective of criminal Finally, by
justice administration. The rights intended to be cared guaranteeing life,
and safeguarded towards accused and the detenu in liberty, equality,
various homes and rehabilitation centers and the judicial
and security,
attitude towards sentencing of the convicts has been
given the human rights focus. 1. Criminal Justice system
human rights
(i) Concept of crime and Criminal liability (ii) Offences protect people
violative of human rights (iii) Rules of criminal against abuse by
procedure and evidence (iv) The administration of those who are
criminal justice 2. Human rights in the criminal justice more powerful.
administration (i) Human rights perspective of crime (ii)
Role of police and criminal justice administration –
Human rights issues (iii) Security issues and human
rights
Human rights:- Human rights are standards that exclusive economic zone:- Generally, a
allow all people to live with dignity, freedom, state's exclusive economic zone is an area beyond
equality, justice, and peace. Every person has and adjacent to the territorial sea, extending
these rights simply because they are human seaward to a distance of no more than 200 nmi
beings. They are guaranteed to everyone without (370 km) out from its coastal baseline. The
distinction of any kind, such as race, color, sex, exception to this rule occurs when exclusive
language, religion, political or other opinion, economic zones would overlap; that is, state
national or social origin, property, birth, or other coastal baselines are less than 400 nmi (740 km)
status. Human rights are essential to the full apart. When an overlap occurs, it is up to the states
development of individuals and communities. to delineate the actual maritime boundary.
[3]
Generally, any point within an overlapping area
Many people view human rights as a set of moral defaults to the nearest state. A state's exclusive
principles that apply to everyone. Human rights are economic zone starts at the seaward edge of its
also part of international law, contained in treaties territorial sea and extends outward to a distance of
and declarations that spell out specific rights that 200 nmi (370 km) from the baseline. The exclusive
countries are required to uphold. Countries often economic zone stretches much further into sea than
incorporate human rights in their own national, the territorial waters, which end at 12 nmi (22 km)
state, and local laws. : Human rights ensure from the coastal baseline (if following the rules set
people have basic needs met. Human rights out in the UN Convention on the Law of the Sea).
[5]
protect vulnerable groups from abuse. Human Thus, the exclusive economic zones includes
rights allow people to stand up to societal the contiguous zone. States also have rights to
corruption. Human rights encourage freedom of the seabed of what is called the continental shelf up
speech and expression. When the UDHR was to 350 nmi (650 km) from the coastal baseline,
released, it had a two-fold purpose: provide a beyond the exclusive economic zones, but such
guideline for the future and force the world to areas are not part of their exclusive economic
acknowledge that during WWII, human rights had zones. The legal definition of the continental shelf
been violated on a massive scale. With a standard does not directly correspond to the geological
for what is a human right, governments can be held meaning of the term, as it also includes the
accountable for their actions. continental rise and slope, and the entire seabed
within the exclusive economic zone.
customary law and treaty law:- The Court examined
the relationship in two contexts to demonstrate that overseas citizenship of india:- The following categories
customary and treaty law co-exist: of persons (except Pakistan and Bangladesh) are
eligible to apply under OCI scheme:
(a) where the customary law principles were identical 1. Who is a citizen of another country, but was
to treaty provisions; and a citizen of India at the time of, or at any time
after, the commencement of the constitution; or
2. Who is a citizen of another country, but was
(b) where there were different rights or obligations eligible to become a citizen of India at the time
under customary and treaty law in respect of the same of the commencement of the constitution; or
subject matter. The Court discussed situations where 3. Who is a citizen of another country, but
customary international law and treaty law provisions belonged to a territory that became part of India
were not identical. For example, the Court stated that after the 15th day of August, 1947; or
concepts such as necessity and proportionality, or the 4. Who is a child or a grand-child or a great
definition of what constitutes an armed attack, are not grandchild of such a citizen; or
found under Article 51, or the UN Charter, but in (b) A person, who is minor child of a person
customary law. The Court concluded that (1) this proves mentioned in clause (a); or(c) A person, who is a
that customary international law continues to exist minor child, and whose both parents are citizens of
alongside treaty law and that (2) areas governed by the India or one of the parents is a citizen of India;
two sources of law do not (always) overlap and the rules or(d) Spouse of foreign origin of a citizen of India or
do not (always) have the same content. spouse of foreign origin of an Overseas Citizen of india
In case of a divergence between treaty law and Cardholder registered under section 7A, Citizenship Act
customary international law, for the parties to a treaty, 1955 and whose marriage has been registered and
amongst themselves, the treaty provisions apply as lex subsisted for a continuous period of not less than two
specialis. (see paras 180 and 181). The Court concluded that years immediately preceding the presentation of the
principles such as those of the non-use of force, non- application under this section: Provided that
intervention, respect for the independence and territorial no person, who is or had been a citizen of Pakistan,
integrity of States, right of collective self defense and the
freedom of navigation, continue to be binding as part of
customary international law, “despite the operation of
provisions of conventional law in which they have been heory De facto
incorporated.