HUMAN RIGHT EDUCATION

MEANING
Human beings are born equal in dignity and rights.
These are moral claims which are inalienable and
inherent in all individuals by virtue of their humanity
alone, irrespective of caste, color, creed, and place of
birth, sex, cultural difference or any other
consideration. These claims are articulated and
formulated in what is today known as human rights.
Human rights are sometimes referred to as
fundamental rights, basic rights, inherent rights,
natural rights and birth rights.
DEFINITION OF HUMAN RIGHTS

 Dr. Justice Durga Das Basu defines “Human

rights are those minimal rights, which every
individual must have against the State, or other
public authority, by virtue of his being a ‘member
of human family’ irrespective of any
consideration”.
 The Universal Declaration of Human Rights
(UDHR), 1948, defines human rights as “rights
derived from the inherent dignity of the human
person.”
 Human rights when they are guaranteed by a
written constitution are known as “Fundamental
Rights” because a written constitution is the
fundamental law of the state.
CHARACTERISTICS AND NATURE OF
HUMAN RIGHTS
Human Rights are Inalienable
 Human rights are conferred on an individual due
to the very nature of his existence. They are
inherent in all individuals irrespective of their
caste, creed, religion, sex and nationality. Human
rights are conferred to an individual even after his
death.
Human Rights are Essential and Necessary
 In the absence of human rights, the moral,
physical, social and spiritual welfare of an
individual is impossible. Human rights are also
essential as they provide suitable conditions for
material and moral upliftment of the people.
Human Rights are in connection with human
dignity
 To treat another individual with dignity
irrespective of the fact that the person is a male or
female, rich or poor etc. is concerned with human
dignity.
Human Rights are Irrevocable:
 They cannot be taken away by any power or
authority because these rights originate with the
social nature of man in the society of human
beings and they belong to a person simply
because he is a human being.
Human Rights are Necessary for the fulfillment
of purpose of life:
 Human life has a purpose. The term “human
right” is applied to those conditions which are
essential for the fulfillment of this purpose.
Human Rights are Universal
 Human rights are not a monopoly of any
privileged class of people. Human rights are
universal in nature, without consideration and
without exception. The values such as divinity,
dignity and equality which form the basis of these
rights are inherent in human nature.
Human Rights are never absolute –
 Man is a social animal and he lives in a civic
society, which always put certain restrictions on
the enjoyment of his rights and freedoms. Human
rights as such are those limited powers or claims,
which are contributory to the common good and
which are recognized and guaranteed by the
State, through its laws to the individuals. As such
each right has certain limitations.
Human Rights are Dynamic –
Human rights are not static, they are dynamic.
Human rights go on expanding with socio-eco-
cultural and political developments within the
State. Judges have to interpret laws in such ways
as are in tune with the changed social values.
Rights as limits to state power –
Human rights imply that every individual has
legitimate claims upon his or her society for
certain freedom and benefits. So human rights
limit the state’s power.
MEANING OF HUMAN RIGHTS EDUCATION
 Human rights education (HRE) refers to
education, training, and information for the
purpose of building a universal culture of human
rights. A comprehensive education in human
rights consists of two components: knowledge
and information on human rights and the
mechanisms that protect these inalienable rights.
It is important that HRE also impart the skills
needed to promote, defend, and apply human
rights in daily life.
DEFINITION OF HUMAN RIGHTS EDUCATION

 According to the UN decade document for human

rights education (1995-2004),
 human rights education means, “a lifelong
process by which people at all levels of
development and in all strata of society learn
respect for the dignity of others and the means
and methods of ensuring that respect in all
societies.”
OBJECTIVES OF HUMAN RIGHTS EDUCATION

 Human Rights Education promotes respect for human rights of all

individuals.
 It develops the knowledge, skills, and values of human rights.
 It develops the socio-psychological, human personality.
 It helps people and policy makers to evolve the ways and means to
overcome the problems of each nation and that of the International
Community.
 It helps to foster understanding, tolerance, gender equality and
 Develops friendship among all nations and eliminates racial,
ethnic, religious,and linguistic differences.
PRINCIPLES OF HUMAN RIGHTS EDUCATION

 Ideally, human rights should be taught at all levels

from the preschool stage to the university, with
methods appropriate to the age levels.
 All teachers of related subject areas should be able to
teach human rights, given some special training on
the preferred methodology.
 Human Rights education should be inherent in all
subjects, but could be given a special focus as
relevant in history and civic education. Aspects of
human rights should be integrated into the text-
books.
 Special booklets for human rights education can
be produced as supplements, i.e. to the history
text-books. Especially in establishing a new
subject, separate teacher manuals and pupils'
books may serve to clarify which elements are
included in the teaching of human rights.
 The emphasis of the subject should be on practice
rather than on theoretical knowledge.
IMPORTANCE OF HUMAN RIGHT
EDUCATION
 Effective human rights education can —
 Produce changes in values and attitude
 Produce changes in behavior
 Produce empowerment for social justice
 Develop attitudes of solidarity across issues,
communities, and nations
 Develop knowledge and analytical skills
 Encourage participatory education.
Indian constitution and
Human Rights
The constitution of the republic of India, which
came into force on 26th January, 1950 with 395
article and nine schedules is one of the most
elaborate fundamental laws ever adopted. The
preamble to the constitution pledges to secure to
all the citizens of India;
 Justice-social, economical and political
 Liberty-of thought ,expression, belief , faith and
worship
 Equality –of status and opportunity, and to
promote among them all
 Fraternity- assuring the dignity of the individual
and the unity and in integrity of the nation.
 The following provisions in Constitution
safeguard human rights:
RIGHT TO EQUALITY (ARTICLES 14 – 18)

 The five articles that cover the right to equality

are:-
ARTICLE 14

 A. Equality before law and equal protection of

law –
Article 14 consists of two parts namely equality
before law and equal protection of the laws. Equality
before law means that no individual should be given
any special privilege by the state. Equal protection of
the laws means the right to equal treatment in equal
circumstances.
ARTICLE15

 B. Prohibition of discrimination on ground of

religion, race, caste, sex or place of birth –

There are four aspects of this right mentioned in

following Clauses of this Article.
 B(i).Prohibition of discrimination-
Article15, Clause (1):

This article prohibits the state from discrimination

against any individual or group of individuals.
The principle of non – discrimination is based on
equality and dignity.
B(ii). Access to public places - Article15,
Clause (2):
This right provides that no citizen can be denied
access to public places, places of entertainment
or the use of wells, tanks, and roads that are
maintained out of State funds.
 B(iii). Protective laws for women and children
- Article15, Clause (3):

 A positive discrimination for women and children

is made in the Indian context. Thus provision for
reservation for women, free education for
children etc. is provided.
 B(iv). Reservation for backward classes –
Article15, Clause (4):
 The constitution recognizes the Scheduled Caste,
Scheduled Tribes and Other Backward Classes as
weaker sections of the population. It authorizes the
state to make special provisions for the advancement
of these sections of the society.
ARTICLE16:

C. Equality of opportunity in matters of

public Employment –

The aim of article 16 of Indian Constitution is to

provide equal opportunity to all citizens in
employment offered by the state or its agencies.

 This article has five clauses

 C (i). Equality of opportunity – Article 16,
Clause (1 )
 wherein it is stated that equality of opportunity
should be given to all citizens in
matters relating to employment or appointment to
any office under the state.
 C(ii). Prohibition of discrimination -
Article 16, Clause (2)
 This clause prohibits discrimination on
grounds only of religion, race, caste, sex,
and place of birth, residence or any of them
in respect of any employment of the state.
 C(iii). Residential requirements - Article 16,
Clause (3)
 It allows the Parliament to make laws that
require residential (domicile) requirements
in a State for public employment or
appointment.
 C(iv). Protective laws - Article 16, Clause
(4)

 This Clause allows the Parliament to make

protective laws for appointment of backward
classes of citizens who are not adequately
represented in the services of the state.
C (v). Preference to certain persons in
religious institutions - Article 16, Clause
(5)
This clause prescribes that the Parliament can make
laws which require only a person professing a
particular religion to be appointed in a body or
institution of that religion. For example, a Hindu
can only be appointed as a priest in a Hindu
temple.
ARTICLE17

 Abolition of Untouchability -
This is a unique article that has been incorporated
only in the Constitution of India. Article 17
declares that not only untouchability has been
abolished but it also makes any practice and
propagation of untouchability in any form
punishable in accordance with the law.
ARTICLE18

 Abolition of Titles -
 The Clause of the Article prohibits the State from
conferring any title at all upon any person.
However the State is not prevented from
awarding military distinctions, such as Mahavir
Chakra, Param Vir Chakra etc. for honoring men
for their acts of valour or academic distinctions.
II. RIGHT TO FREEDOM (ARTICLES 19 – 22)

 a. Six fundamental freedoms - Article19

 Article 19 (1), as amended by the Constitution
(Forty Fourth) Amendment Act, 1979, guarantees
to all citizens the following six freedoms:

i. Freedom of speech and expression

ii. Freedom of peaceful assembly
.
iii. Freedom of forming associations or unions
iv. Freedom of movement throughout the territory
of India
v. Freedom of residence and settlement in any part
of the territory of India, and
vi. Freedom of profession, occupation, trade or
business
ARTICLE20
 b. Protection in respect of conviction for
offences -

 This right guarantees protection in respect of

conviction for offences, to those accused of
crimes. There are three clauses to this article.
 (i) Protection against ex – post, facto
legislation –

 It means that a person cannot be punished under

such a law, for his actions which took place
before the passage of the law.
 (ii) Protection against double punishment –
 it says that no person shall be prosecuted for the same
offence more than once.

 (iii) Protection against self incrimination –

 This clause states that no person accused of an offence
shall be compelled to be a witness against himself.
ARTICLE21
 c. Protection of life and personal liberty -

 Article 21 of the Indian Constitution recognizes

the right to life and personal liberty. It provides
that “no person shall be deprived of his life or
personal liberty except according to procedure
established by law.”
ARTICLE22
 d. Protection against arrest and detention in certain
cases.
 The provisions of Article 22 are complimentary to those
of Article 21. Article 22 has two parts; the first part
consisting of clauses (1) and (2), deals with persons, who
are arrested under ordinary criminal law and the various
rights, they are entitled to; and the second part consisting
of the remaining clauses (3) to (7), is concerned with
persons, who are detained under a law of preventive
detention.
 III. Right against Exploitation
(Articles 23-24)
ARTICLE23

 a. Prohibition of traffic in human beings and

forced labour –

 The article prohibits traffic in human beings and

‘begar’ and other similar forms of forced labour.
ARTICLE24

b. Prohibition of employment of children -

Article 24 of the constitution prohibits child labour.
Children below fourteen years of age cannot be
employed in any factory or mine or in any other
hazardous employment.
 IV. Right to Freedom of Religion
(Articles 25 – 28)
ARTICLE25

 a. Freedom of Conscience and Religion –

 Article25 reflects the spirit of secularism and
recognized freedom of religion to everyone in
India.
 b. Freedom to manage religious affairs -
Article26

 It recognizes the right of every religious order to

establish and maintain institutions for religious
and charitable purposes and manage its own
affairs in matters of religion.
ARTICLE27

 c. Freedom as to payment of taxes for

promotion of any particular religion -
 The state shall not compel any person to pay any
taxes for the promotion of maintenance of any
particular religion or religious denomination.
ARTICLE28

 d. Freedom to attend religious instruction in

education Institution -
 This article prohibits imposition of religious
beliefs by educational institutions on those who
are attending them. Taken together the four
Articles (25 to 28) establish the secular character
of democracy.
 V. Cultural and Educational Rights
(Article 29)
ARTICLE29

 Cultural right of the individual as

well if minorities.

This Article states that every section of the

society has the right to conserve its distinct
language, script or culture.
ARTICLE30

 Right of minorities to establish and

administer Educational institution.
 The State cannot discriminate in
granting aid to any educational
institution on the ground that it is under
the management of a religious or
linguistic minority.
VI. RIGHT TO CONSTITUTIONAL REMEDIES
(ARTICLE 32)
 Article 32 provides for the Constitutional
Remedies, under which, one can move the
Supreme Court for the enforcement of the
Fundamental Rights and this provision itself is
made one of the Fundamental rights. This is
something unique.
 Dr. Babasaheb Ambedkar considered it as the
very heart and soul of the constitution.
THANKS ……………………………..