Human Rights Notes (Unit 1)

Meaning of Human Rights

➢ All those rights which are essential for the protection and maintenance of
dignity of individuals and create conditions in which every human being can
develop his personality to the fullest extent may be termed human rights.
However, dignity has never been precisely defined on the basis of consensus,
but it accords roughly with justice and good society.
[David P. Forsythe : “The Internationalization of Human Rights“, P1]
➢ According to Section 2(d) of the protection of Human Right Act, 1993 :-
“Human rights means the right relating to life, liberty, equality, and dignity of
individual guaranteed by the Constitution or embodied in the international
Covenants and enforceable by Courts in India”
➢ “Rights are those conditions of social life without which no man can seek in
general, to be himself at his best” - Laski
➢ Human rights are, therefore, those rights which belong to an individual as a
consequence of being human. They are based on elementary human needs as
imperatives. Some of these human needs are elemental for sheer physical
survival and health.
➢ An individual can seek human rights only in an organized community, ie, a
State, or in other words, where the civil social order exists. No one can imagine
to invoke them in a state of anarchy where there is hardly any just power to
which a citizen can appeal against the violations of rights.
➢ The principle of the protection of human rights is derived from the concept of
man as a person and his relationship with an organized society which cannot be
separated from universal human nature.
Importance of Human Rights
➢ Human rights are essential for all-round development of the personality of the
individuals in the society. They should be necessarily protected and be made
available to all the individuals. They must be preserved, cherished and defended
if peace and prosperity are to be achieved.
➢ Human rights are the very essence of a meaningful life and to maintain human
dignity is the ultimate purpose of the government. It has been realised that the
functions of all the laws whether they are the rules of municipal law or that of
international law should be to protect them in the interest of the humanity.
➢ Human rights protect vulnerable groups such as women, children, refugees,
migrant workers, disabled persons and indigenous persons.
➢ Human rights ensure people to their basic needs met such as access to
medicine, food and water, clothes and shelter, access to education.
➢ Human rights ensures just and favourable conditions of work and just and
favourable remuneration ensuring for himself and his family, an existence
worthy of human dignity
Basis of Human Rights
Natural Law Theory
➢ Ancient thinkers and philosophers were of the view that human rights have
been derived from the principle of eternal law as revealed in natural law which
is also something called Divine law or Law of reason, unwritten law, Universal
or Common law, eternal law or moral law.
➢ The source of natural law is either God or reason. The Greeks regarded natural
law as being closely related both to justice and ethics.
➢ It was therefore conceived by the Greeks as a body of imperative rules imposed
upon mankind by nature, the personified universe.
➢ Natural law notion was reflected in the writings of Aristotle, Cicero, Gaius and
other philosophers.
Social Utility Theory
➢ Another theory which has been advocated as to the basis of human rights is the
social utility.
➢ The theory maintains that what conforms to the utility (or the interests) of an
individual represents the total sum of his happiness and that what conforms to
the utility (or the interests) of a community represents the total sum of
happiness of the individuals composing that community.
➢ Under the social utility theory of human rights, those rights are considered
genuine human rights which tend to increase the total happiness of human
beings. Thus, human rights are those which constitute permanent and general
conditions of human happiness.
Sources of Human Rights
➢ Universal declaration of human rights
➢ International treaties and covenants
➢ International Customs
➢ Judicial Decisions
➢ Official Documents
Evolution of Human Rights (International)
➢ Magna Carta, June 1215
➢ Virginia Bill of Rights, June 1776
➢ American Declaration of Independence, July 1776
➢ Declaration of the Rights of the Man and of the Citizen, August 1789
➢ Bill of Rights, December, 1791
➢ Universal Declaration of Human Rights, December 1948
➢ National Human Rights Commission of India, October 1993
Magna Carta, 1215
1. King John (Youngest Son of King Henry II)(Greedy King)
2. Not Successful in military campaigns
3. Married to princes of FRANCE for property
4. In 1204 lost his land to France
5. Introduced higher taxes without asking barons
6. Had fight with pope
7. Hired known bishop
8. Pope banned England from services Against feudal system and customs
9. Magna Carta was protection against arbitrary acts by king
10. Land and property could no longer be seized
11. Judges had to know and respect laws
12. Taxes could not be imposed without common council
13. Magna Carta set principal that king was not absolute and should also
respect the laws
14. Magna Carta also introduced the concept of jury trial in clause 39 which
protected arbitrary arrest and imprisonment

Virginia Bill of Rights, June 1776

➢ Written by Gorge Mason Adopted by Virginia Constitutional Convention on
June 12, 1776 It was a manuscript which declares the Intrinsic Human Rights
Became the basis of the Bill of Rights.
➢ First draft was completed on May 20, 1776
Final Draft was adopted on June 12, 1776
The adopted draft had 16 Articles
➢ Article 1 to 3 deals with civil rights and relationship between people and
government.
Article 4 is focused on equality between people.
Article 5 & 6 supports the principal of free elections and separation of powers.
Article 7 to 16 recommends limitations on the powers of government
➢ Article 7 to 16 also stated that government should not approve any law without
consultation with representatives of people
➢ It also included the right for STANDING UP against inadequate government
American Declaration of Independence, July 1776
➢ Primary author-Thomas Jefferson
The most famous and iconic document in all of American history
Purpose was to declare independence of 13 American colonies
from Great Britain
➢ Declaration is not officially divided into sections It is commonly referred to in
five distinct parts
1. Introduction : Refers to the Laws of Nature
2. Preamble : States that there are certain unalienable rights that government
should never violate. Those rights include the right to life, liberty and the
pursuit of happiness
3. Indictment of King George III : Begins by stating the suffering of the
American colonies and the feeling of absolute constraint in forming a new
system of government.
Also refers to the numerous and repeated injuries that King George III
placed upon the colonies
4. Denunciation of the British People : They tried to get a hold of the people
over in Britain.The British people ignored them.
The colonists aren't angry, they're disappointed...and no one can say they
didn't try to make this work.
5. Conclusion : America is a free and independent nation, no longer a
part of Britain.
Declaration of the Rights of the Man and of the Citizen, August 1789
➢ In 1789 people of France abolished absolute monarchy and set stage for the
establishment of the first French republic.
➢ Reasons for Declaration
✓ Ignorance of Rights by monarch
✓ Unequal representation
✓ Need for a change
➢ Declaration explain. a list of rights such as
✓ Freedom of religion
✓ Freedom of speech
✓ Freedom of assembly
✓ Separation of powers
➢ Declaration sees law as a general will of expression intended to promote
equality of rights and to forbid "only actions harmful to the society
➢ It also said that all men are born free and equal in rights.
Bill of Rights, December, 1791
➢ First ten amendments to USA's constitution is Bill of Rights.
➢ It limited the rights of government and focused on protecting the rights of all
citizens, residents and visitors in America.
➢ It protects
✓ Freedom of speech
✓ Freedom of religion
✓ Freedom of assembly
✓ Freedom of petition Right to keep and bare arms
➢ It prohibits Unreasonable search and seizure Cruel and unusual punishment
(Doctrine of Poisonous Tree)
➢ Prohibits Congress from making any law against religious activities
which are lawful.
Universal Declaration of Human Rights, December 1948
➢ United Nations 1945
➢ World War 2, 1939 to 1945 Millions of people were died
➢ Civilians were killed in war
➢ Half of Jewish population was killed by Hitler
➢ Millions of people became homeless
➢ UDHR Adopted on 10th December 1948
➢ Contains 30 Articles which defines human rights
➢ It prohibits
✓ Unreasonable search and seizure Cruel
✓ Unusual punishment
➢ Drawbacks
✓ Too General
✓ Not Binding Depends on the state's goodwill
➢ April 1945- Delegates from 50 countries came together at San Francisco
➢ Goal of conference was to form an international body to promote peace and
prevent future wars.
➢ 24 October 1945
National Human Rights Commission of India, October 1993
➢ Established on 12 October 1993 as per the provisions of "Protection of Human
Rights Act, 1993".
➢ Act was amended in year 2006
➢ Watchdog of human rights in India Headquarter is located in New Delhi
➢ Established under Article 253, to conformity with the Paris Principles
➢ 10th December is Celebrated as Human Rights Day
Evolution of Human Rights (National)
Vedic Period
➢ Equality and Brotherhood: The Rig Veda states, "Nobody is superior or
inferior. All of them are brothers. Working together for the common good and
progress should be the goal of everyone".
➢ Right to Basic Necessities: The Atharva Veda emphasizes equal rights to food
and water, stating, "Everyone bears equally the burden of the chariot of life's
yoke".
➢ Fundamental Rights: The Vedas proclaim liberty of body (Tan), dwelling
house (Skridhi), and life (Jibase). These principles formed the basis of ancient
Indian legal theory, promoting individual protection.
➢ Dharma and Universal Duty: Dharma was central, with duties (not just rights)
to oneself, family, society, and the world. "Vasudhaiva Kutumbakam," meaning
the world as one family, prioritized universal welfare.
➢ Liberty and Justice: Vedic texts promoted liberty of body and life. Human
rights were often implicit in religious teachings, promoting social progress and
universal responsibility.
Dharmashastra and Epic Period
➢ Social and Legal Structure: The Dharmashastras and Grihastras outlined the
relationships between individuals, society, and the state. They established
obligations and rights that defined duties.
➢ Rights within Samskaras: The sixteen samskaras governed every stage of life,
defining the rights and responsibilities at different stages. For example, the
marriage samskara defined the rights and obligations between couples and
society.
➢ Marriage Rights and Property: "The forfeiture of Istrdhana's marriage-related
propriety rights has been accepted by Kautilya, Manu, and others".
➢ Judicial Independence: "Neither the monarch nor the king were above the law
during the Vedic period; He could face the same penalties as other citizens".
The vinayapitaka case illustrates this principle, where a law court ruled against
a prince.
Buddhism’s Influence
➢ Opposition to Social Inequality: Buddhist ethics opposed caste-based
discrimination, stating that "the insolent appropriation of social status and
privileges solely on the basis of caste has been viewed as abomination in
Buddhism".
➢ Women’s Rights: Over time, "membership in the order was made available to
all women," which allowed women to enter Buddhist orders and earn spiritual
emancipation.
➢ Non-Violence and Compassion: Buddhism condemned violence and warfare,
emphasizing that "the peaceful person lives happily, giving up victory and
defeat".
➢ Impact on Social Practices: Buddhism rejected human rights violations such
as child marriage and widow remarriage, influencing women's rights and
emphasizing freedom and equality.
Mauryan Period (Kautilya’s Arthashastra)
➢ Legal and Civil Rights: The Arthashastra mentioned many rights, such as "the
right to justice, the right to fair taxation, and the right to protection under the
law". Kautilya believed that "the king's happiness and benefit lie in the subjects'
happiness and benefit".
➢ Rights for Vulnerable Groups: "Rights for pregnant women and those who
had not given birth a month earlier were also outlined" in the Arthashastra.
Widows were allowed to remarry, and women's torture was limited.
➢ Judicial and Legal Reforms: "Judges were paid well so that they could do
their jobs with integrity and dignity," ensuring impartial justice. The judicial
system allowed appeals, and corruption within the judiciary was punished.
➢ Punishment and Social Order: Kautilya emphasized, "The science of
government (daaniti) is the use of punishment to maintain law and order. It is
the power of punishment alone...that protects this world and the next".
➢ Consumer Protection: Kautilya’s Arthashastra also established rules for fair
trade, regulating weights and measures. This pioneering work protected
consumers from fraud.
Post-Mauryan and Gupta Period
➢ Women’s Rights and Marriage: Rights for widows, including the option to
remarry, were acknowledged. Additionally, "there were no sati columns during
our research period, indicating that sati does not exist".
➢ Cultural Reflection of Human Rights: Sculptures from this period depicted
"the famine's beauty in a bold and free way" without veils, reflecting women's
freedom.
➢ Absence of Slavery: "Megasthenes was unable to discover slavery in the
Mauryan Empire" because slaves enjoyed better rights and conditions in India
than in other parts of the world.
Medieval Period
➢ Women’s Diminished Status: The medieval period saw the rise of practices
like sati and purdah, which had not existed previously. "Sati was absent from
approximately 300 BC to 300 AD," but emerged later, eroding women's earlier
status.
➢ Slaves’ Rights: Slavery existed but slaves had rights, and in some cases, they
could free themselves. "The dharamastras recognized slaves' rights" and
established different categories of slaves, each with specific obligations and
entitlements.
Colonial and Modern Influence
➢ British Legal Influence: The document notes that British rule introduced
Western legal concepts, shaping the understanding of civil liberties and
individual rights.
➢ Social Reforms and Human Rights Movements: Reformers like Raja Ram
Mohan Roy advocated for the abolition of sati, and social movements during
this time worked to promote equality and justice.
➢ Influence on Constitutional Rights: "The Indian Constitution reflects many of
these ancient values," guaranteeing fundamental rights such as the right to
equality, freedom, and justice, which were embedded in the ancient texts.

Kinds of Human Rights

Civil and Political Rights (First Generation Rights)
➢ Civil rights or liberties are referred to those rights which are related to the
protection of the right to life and personal liberty.
➢ They are essential for a person so that he may live a dignified life. Such rights
include right to life, liberty and security of persons, right to privacy, home and
correspondence, right to own property, freedom from torture, inhuman and
degrading treatment, freedom of thought, conscience and religion and freedom
of movement.
➢ Political rights may be referred to those rights which allow a person to
participate in the Government of a State. For example- right to vote, right to be
elected at genuine periodic elections, right to take part in the conduct of public
affairs, directly or through chosen representatives are instances of political
rights.
➢ The nature of civil and political rights may be different but they are inter-related
and interwoven, and therefore, it does not appear logical to differentiate them.
➢ This reason alone led to the formulation of one Covenant covering both-civil
and political rights into one Covenant, ie., International Covenant on Civil and
Political Rights.
➢ These rights are the rights of the first generation which derive primarily from
the seventeenth- and eighteenth-century reformist theories which are associated
with the English, American and French revolutions.
➢ Civil and political rights (also sometimes called 'freedom from') are the rights
which may be termed as negative rights in the sense that a government is
required to abstain from doing those activities that would violate them.
➢ Specifically, these rights protect citizens from acts of murder, torture, cruel and
unusual punishment, ex post facto legislation, the denial of habeas corpus and
imprisonment without due legal process and these rights are capable of
immediate and full realization without significant costs being incurred.
Economic, Social and Cultural Rights (Second Generation Rights)
➢ Economic, social and cultural rights (so called 'freedom to') are related to the
guarantee of minimum necessities of the life to human beings. In the absence of
these rights the existence of human beings is likely to be endangered.
➢ Right to adequate food, clothing, housing and adequate standard of living and
freedom from hunger, right to work, right to social security, right to physical
and mental health and right to education are included in this category of rights.
These rights are included in the International Covenant on Economic, Social
and Cultural Rights.
➢ These rights (sometimes called positive rights) require active intervention, not
abstentions on the part of States. These rights are therefore counterpart to the
first generation of civil and political rights, with human rights conceived more
in positive (right to) than negative (freedom from) terms and enjoyment of
these rights requires a major commitment of resources, and therefore, their
realization cannot be immediate as in the case of civil and political rights.
➢ Economic, social and cultural rights which is linked with the Russian
Revolution are based fundamentally on the concept of social equality.
Realization of these rights, which is generally called the rights of second
generation has been somewhat slow in coming.
➢ They are clear only as general principles and not as specific rules. However,
they have begun to come of age.

Collective rights
➢ In addition to the above categories there is another kind of rights which may be
enjoyed by individuals collectively such as right to economic and social
development, right to a healthy environment, right to self-determination, right
 to natural resources or the physical protection of the group as such through the
prohibition of genocide.
➢ Such rights are referred to collective rights. Although it is difficult to maintain
difference between individual's rights and collective rights, it may be stated that
while individual's rights are available to individuals of a group, collective rights
are not available to individuals alone.
➢ They may be enjoyed by a group of individuals collectively. These rights are
referred to as rights of third generation. Many of these rights have not been
enacted in legally binding documents.
Generations of Human Rights
1st Generation → Political and Civil Rights
2nd Generation → Economic, Social and Cultural Rights
3rd Generation → Collective / Solidarity Rights

The division of human rights into three generations was initially proposed in 1979
by the Czech jurist Karel Vasak at the International Institute of Human Rights in
Strasbourg. He used the term as early as November 1977.
Vasak's theories have primarily taken root in European law. In a speech two years
later, his divisions follow the three watchwords of the French Revolution:
✓ Liberte (Liberty)
✓ Egalite (Equality)
✓ Fraternite (Fraternity)
First Generation Rights
➢ They are commonly known as "blue rights." These rights deals essentially with
liberty & the participation in political life.
➢ They are fundamentally political & civil in nature.
➢ These rights serve negatively to protect individual from the excesses power.
➢ It aims at strengthening the connection b/w citizens, society & society.
➢ They not allowing inequality & discretion towards the destiny & activity of
their country.
➢ These rights known as public rights too. It includes:
✓ Right to life
✓ Freedom from slavery, punishment, imprisonment
✓ Freedom of religion
✓ Freedom of marriage
Second Generation Rights
➢ They are human rights often known as "red" rights.
➢ They impose on the government, the duty to respect and fulfil them.
➢ They are fundamentally economic, social and cultural in nature.
➢ The purpose of these rights to provide every member of the society equal treatment
and condition.
➢ These rights are based on the principal of equality introduced by the government
after the World War II.
➢ These rights meant to provide every individual right to employment, right to food
housing, health care as well as social security and benefits of unemployment.
➢ These rights access by the state, because it has its own resource.
➢ No individual can have direct access to the right to employment & right to
education.
➢ These rights give a person possibility of self-development in the sphere of
production and benefits.
Third Generation Rights
➢ These rights often known as green rights. They are also called collective and
solidarity rights.
➢ These rights provide every individual to access for better improvement and
development of their life status & standard.
➢ They reflect the idea of fraternity of the world's nations, because they are
collective rights.
➢ These rights include:
✓ Group & collective rights
✓ Rights to healthy environment
✓ Right to communicate & communication rights
✓ Right to integrity and development
✓ Right to peace
✓ Right to disarmament
✓ Right to proper environment
✓ Right to the common heritage of mankind
Universalism Vs Cultural Relativism
Universalism Cultural Relativism
Human Rights are based on the human Notion of the rights are culturally
nature, human nature is universal, determined.
hence the human rights are universal
across all the cultures

Basis of Justification : No universal or transcendental rights

✓ Natural Law and Supreme Moral cutting across culture therefore no
Principles country can impose its notion of human
✓ Rationality rights on other country or culture.
✓ Positivism

Consistent with the idea of democracy, Respect for Diverse culture, social
and political conception of Justice. practices, customs and traditions
should be observed.

Universalism
Arguments in Support Arguments Against
Promotes individual autonomy, It is a superimposition of western
equality, choice, and democratic values ideologies- ethnocentrism
despite these ideas differing in different
cultures

Human rights best option to protect A kind of cultural imperialism, and

human dignity and value across culture cultural hegemony backed by hard,
soft, and structural powers of western
world, especially USA

Protect women, indigenous people, and Reminiscent of colonialism and

other marginalized groups in all imperialism and an attempt to have
cultures supra-national authority which itself is
unjust and unfair.

Human rights essential to protect Denial of national and sub-national

individuals against state and ethical and cultural autonomy, and self-
bureaucratic governments determination
Cultural Relativism
Arguments in Favour Arguments Against
human nature itself depends on culture- Universality of human rights not
culturally relative factors. opposed by people but by oppressive
regime in their self-interest

Different cultures may have other Women, poor and marginalised people
values, norms, customary laws to suffer worst human rights violation in
protect human dignity the name of culture

Good life of community preferred over Not western ideologies but

individual right modernization makes human right most
effective to protect human dignity in
market economies and bureaucratic
states.

Universalism is Western ideology, Culture is not static; it is dynamic,

undermines values of Asian, African, evolving, adapting- why not it should
and other non-western societies include basic human rights consistent
with established values in that culture?

UNIT - 2
OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR
HUMAN RIGHTS (OHCHR)
➢ The Office of the United Nations High Commissioner for Human Rights
was established by the General Assembly on December 20, 1993 in the
wake of the 1993 World Conference on Human Rights.
➢ The Office of the United Nations High Commissioner for Human Rights and
the Center for Human Rights. were consolidated on 15th September, 1997.
➢ The above reform was made in the wake of the Vienna Conference on
Human Rights of 1993 wherein it was stressed that a strong institutional
machinery is required to be established in order to promote and protect
human rights effectively.
➢ The Office is located at Geneva. It maintains a laison office in New York as
well as numerous country offices around the World.
Composition of the OHCHR
➢ The OHCHR is headed by a High Commissioner who is appointed by the
Secretary General of the United Nations. However, his name is approved by the
General Assembly.
➢ He shall be a person of high moral standing and personal integrity possessing
expertise in the human rights field and an understanding of diverse cultures.
Due regard is given to geographical rotation
➢ The High Commissioner shall serve a four-year term at the rank of the under
Secretary-General.
✓ Jose Ayala Lasso of Ecuador was nominated by the Secretary-General as
the first High Commissioner when his name was confirmed by the
General Assembly on February 14, 1994.
✓ He assumed office on February 14, 1994. Michalle Bechlet of Chile
assumed office of the High Commissoner on September 1, 2018 for a
period of four years.
➢ The High Commissioner for Human rights, in the performance of his or her
activities, is assisted by a Deputy to the High Commissioner who acts as
officer-in-change during the absence of the High Commissioner.
➢ In addition, the Deputy to the High Commissioner carries out specific
substantive and administrative assignments as decided by the High
Commissioner. The Deputy to accountable to the High Commissioner.
➢ Furthermore, Deputy High Commissioner, Assistant Secretary General for
Human Rights based in New York heads the New York office of the High
Commissioner. Assistance Secretary-General represents the High
Commissioner in New York.
➢ The OHCHR maintains an office at the Headquarters which is called New York
Office which is headed by an Assistant Secretary-General who is accountable to
the High Commissioner.
➢ The Assistant Secretary-General performs a number of functions including the
representation of the High Commissioner at Headquarters, at meetings of policy
making bodies, with permanent missions of Member States.
➢ The New York office also provides advice and recommendations on substantive
matters to the High Commissioner
Functions of the Office of the United Nations High Commissioner for Human
Rights
1. The OHCHR promotes universal enjoyment of all human rights by giving
practical effect to the will and resolve of the World community as expressed
by the United Nations,
2. The Office plays the leading role on human rights issues and emphasises the
importance of human rights at the international and national levels,
3. The Office promotes international cooperation for human rights;
4. The Office stimulates and coordinates action for human rights throughout
the United Nations system,
5. The Office promotes universal ratification and implementation of
international standards;
6. The Office assists in the development of new norms;
7. The Office supports human rights organ and treaty monitoring bodies;
8. The Office responds to serious violations of human rights;
9. The Office undertakes preventive human rights action;
10. The Office promotes the establishment of national human rights
infrastructures;
11. The Office undertakes human rights field activities and operations;
12. The Office provides education, information,

HUMAN RIGHTS COUNCIL

➢ The World leaders-Heads of State and Government met at United Nations
Headquarters in New York from September 14 to 16, 2005 and adopted a
document at the end of the Summit known as 2005 World Summit Outcome.
➢ The Outcome document contained a number of global issues on which the
leaders agreed to take action.
➢ They agreed to create a U.N. Human Rights Council which shall be responsible
for the protection of all human rights and fundamental freedoms for all without
distinction of any kind and in a fair and equal manner.
➢ In order to implement the above provision of the Outcome document, the
General Assembly on March 15, 2006 adopted a resolution to establish the
Human Rights Council based in Geneva, in replacement of the Commission on
Human Rights.
➢ The Council as an inter-governmental body responsible for strengthening the
promotion and protection of human rights around the globe and for addressing
situations of human rights violations and make recommendations on them.
➢ It may discuss all thematic human rights issues and situations that require its
attention. The Council is a subsidiary organ of the General Assembly.
Composition of the Human Rights Council
➢ The Human Rights Council consists of 47 members who are elected directly
and individually by secret ballot by the majority of the members of the General
Assembly.
➢ The membership is based on equitable geographical distribution i.e., 13 from
African Group, 13 from Asian Group, 6 from the Eastern European Group and
7 from the Western European and other States Group. Membership in the
Council is open to all member States of the United Nations.
➢ While electing members of the Council, Member States take into account the
contribution of candidates to the promotion and protection of human rights.
➢ The Assembly, by a two-thirds majority of members present and voting, could
suspend the rights of membership of a Council member who commits gross and
systematic violations of human rights.
➢ The process of suspension requires a two-third majority vote by the General
Assembly. The members of the Council serve for a period of three years and are
not eligible for immediate re-election.
➢ It may be suggested that Non-governmental Organisations (NGO's) and the
National Human Rights Institutions (NHRI's) may be accredited to participate
in the Council's sessions as observers.
➢ They may be permitted to address the Council during interactions, discussions
and debates thus highlighting human rights situations around the world.
✓ The first election of the Council members took place on May 9, 2006 and
the first regular session was held from June 19 to June 30, 2006.
✓ The Council holds regular sessions three times a year ie., in March, June
and September.
✓ The Council can decide at any time to hold a special session to address
human rights violations and in emergencies, at the request of one-third of
the member States.
✓ By the end of 2021, 33 special sessions have been held.
Functions of the Human Rights Council
The Council performs the following functions-
➢ It shall promote human rights education and learning as well as advisory
services, technical assistance and capacity building, to be provided in
consultation with and with the consent of Member States concerned;
➢ It shall serve as a forum for dialogue on thematic issues on all human rights;
➢ It shall make recommendations to the General Assembly for the further
development of International Law in the field of human rights;
➢ It shall promote the full implementation of human rights obligations undertaken
by States and follow up to the goals and commitments related to the promotion
 and protection of human rights emanating from United Nations Conferences
and Summits;
➢ It shall undertake a universal periodic review, based on objective and reliable
information, of the fulfilment by each State of its human rights obligations and
commitments in a manner which ensures universality of coverage and equal
treatment with respect to all States:
➢ It shall contribute, through dialogue and cooperation, towards the prevention of
human rights violations and respond promptly to human rights emergencies;
➢ It shall work in close cooperation in the field of human rights with
Governments, regional organisations, national human rights institutions and
civil society;
➢ It shall make recommendations with regard to the promotion and protection of
human rights;
➢ The Council shall submit an annual report to the General Assembly;
➢ The Council shall assume the role and responsibilities of the Commission on
Human Rights relating to the work of the Office of the United Nations High
Commission for Human Rights.
Subsidiary Bodies of Human Rights Council
➢ Universal Periodic Review (UPR)
✓ The Council adopted a Resolution 5/1 on June 18, 2007 by consensus for a
package reforms which included the establishment of UPR.
✓ The UPR is a unique process which involves a review of the human rights
records of all 192 members of the United Nations once in every four years.
Thus, 48 States will be reviewed each year.
✓ The ultimate goal of UPR is the improvement of the human rights situation
in every country with significant consequences for people around the World.
✓ UPR involves assessing State's human rights records and addressing human
rights violations wherever they occurred
✓ It aims to provide technical assistance to States and enhance their capacity to
deal effectively with human rights challenges.
✓ The State has the primary responsibility to implement the recommendations
contained in the final outcome.
✓ When it comes time for the second review of a State it must provide
information on what they have been doing to implement the
recommendations made during the First review.
✓ If the State does not co-operate with the UPR the Human Rights Council will
decide on the measures it would need to take in case of persistent non-
cooperation by a State with the UPR.
➢ Complaint Procedure
✓ Human Rights Council on June 18, 2007 adopted Resolution 5/1 to
establish complaint procedure whose purpose is to address consistent
patterns of gross violation of all human rights and fundamental freedoms
occurring in any part of the world and under any circumstances.
✓ The complaint procedure addresses communications, submitted by
individuals, groups or non-governmental organisations that claim to be
victims of human rights violations or that have direct, reliable knowledge
of such violations.
✓ Functions of the Complaint Procedure are carried on by two Working
Groups:
1. the Working Group on Communications (WGC) consisting of five
independent and qualified experts
2. Working Group on Situations (WGS) consisting of five members.
✓ They examine written communications and bring them to the
Human Rights Council.

➢ Special Procedures
✓ Special Procedures is the general name given to the mechanism
established by the Human Rights Council to address either specific
country situations or thematic issues in all parts of the World.
✓ Special Procedures, with the support of the Office of the United Nations
High Commissioner for Human Right (OHCHR) undertake country
visits; act on individual cases and concerns of a broader, structural nature
by sending communications to States concerned; conduct thematic
studies and convene expert consultations.
✓ Special Procedures report annually to the Human Rights Council.
Persons performing functions within the scope of Special Procedures are
called Special Rapporteur, Special Representative of the Secretary-
General or Independent Experts.

➢ Advisory Committee
✓ In September 2007, the Council decided to create an Advisory
Committee by adopting Resolution 5/1 to provide expert advice at its
direction.
✓ The Advisory Committee replaced the former Sub-Commission on the
Promotion and Protection of Human Rights.
✓ The Advisory Committee provides
1. experties to the Council in the manner and form requested by it. It
mainly focuses on studies and research-based advice;
 2. to propose to the council for the consideration and approval,
suggestions for further research proposals;
3. to implement the promotion and protection of human rights on the
issues which come within the scope of its advice
Other Subsidiary Bodies
➢ In addition to the above other subsidiary bodies of Human Rights Council are
1. Expert Mechanism on the Right of Indigenous Peoples which replaced
the working Group on Indigenous Populations
2. Forum of Minority Issues
3. Social Forum.

UNIT – 4
WOMEN
➢ Article 1 of the Charter proclaims that one of the purposes of the United
Nations is to achieve international cooperation in promoting and encouraging
respect for human rights and fundamental freedoms for the people without
distinction as to race, sex, language or religion.
➢ As there continued to exist considerable discrimination against women
primarily because women and girls face a multitude of constraints imposed by
society, not by law. It violated the principle of equality of rights and respect for
human rights.
➢ The General Assembly on November 7, 1967 adopted a Declaration on the
Elimination of Discrimination Against Women, and in order to implement the
principles set forth in the Declaration, a Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) was adopted by the
General Assembly on December 18, 1979 after five years of consultations with
the Commission on the Status of Women (CSW).
➢ The Convention often described as an International Bill of Rights for Women
came into force on September 3, 1981, As of February, 2022 the Convention
has 189 States Parties
Meaning of “Discrimination against Women”
The Convention under Article 1 defines the term "discrimination against women"
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.
The Convention under Part III lays down a number of fields where women which
includes the following:
(1) Education
✓ The Convention under Article 10 provides that women shall be provided
same conditions for careers and vocational guidance as to that of men.
✓ They shall be provided same access to studies for the achievement of
diplomas in educational establishments of all categories in rural as well
as in urban areas.
(2) Employment
✓ The Convention under Article 11 provided that States Parties shall take all
appropriate measures to eliminate discrimination against women in the field
of employment providing the same rights, in particulars
• Right to Work
• Right to same employment opportunities
• Right to free choice of profession and employment
• Right to equal remuneration including benefits and equal treatment in
respect of work of equal value as well as equal treatment in evaluation
of quality of work
• Right to social security particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other incapacity
to work, as well as the right to paid leave
• Right to protection of health and to safety in working conditions.
There shall be no discrimination against women on grounds of
marriage or maternity.
(3) Health Care
✓ The Convention under Article 12 provides that States Parties shall take steps
to eliminate discrimination against women in the field of health care, access
to health care services, including those related to family planning.
(4) Economic and Social Life
✓ Article 13 of the Convention provides that discrimination against women
shall be eliminated in other areas of economic and social life. They shall be
provided, the same rights as to that of men in particular
• the right to family benefits
• the right to bank-loans, mortgages and other forms of financial credit
• the right to participate in recreational activities, sports and all aspects of
cultural life.
(5) Women in Rural Areas
✓ Article 14 provided elimination of discrimination against rural areas. States
Parties are required to ensure such women the right
• to participate in the collaboration and implementation of development
planning at all levels
• to have access to adequate health care facilities, including information,
counselling and services in family planning
• to benefit directly from social security programmes
• to obtain all types of training and education, formal and non-formal,
including that relating to functional literacy, as well as, inter alia, the
benefit of all community and extension services, in order to increase their
technical proficiency
• to organise self-help groups and cooperatives in order to obtain equal
access to economic opportunities through employment or self-
employment;
• to participate in all community activities
• to have access to agricultural credit and loans, marketing facilities,
appropriate technology and equal treatment in land and agrarian reform
as well as in land resettlement schemes
• to enjoy adequate living conditions.
(6) Equality before Law
✓ Article 15 of the Convention provides that 'States Parties shall accord to
women equality with men before the law.
✓ Women shall have equal rights to conclude contracts and to administer
property and State Parties shall treat them equally in all stages of procedure
in courts and tribunals.
✓ State Parties agree that all contracts and all other private instruments of any
kind with a legal effect which is directed at restricting the legal capacity of
women shall be deemed null and void.
✓ State Parties shall accord to men and women the same rights with law
relating to the movement of persons and the freedom to choose their
residence and domicile.
(7) Marriage and Family Relations
✓ Article 16 provides that States Parties shall take all measures to eliminate
discrimination against women in all matters relating to marriage and family
relations.
✓ Women shall be provided
• the same right to enter into marriage
• the same rights, and responsibilities during marriage and at its
dissolution
 • the same rights and responsibilities as parents, in matters relating to
their children. In all cases the interests of children shall be paramount
• the same rights to decide freely and responsibly on the number and
spacing of their children and to have access to the information,
education and means to enable them to exercise their rights
• the same rights and responsibilities with regard to guardianship,
wardship, trusteeship and adoption of children
• the same personal rights as husband and wife, including the right to
choose a family name, a profession and an occupation
• the same rights for both spouses in respect of the ownership,
acquisition, management, administration, enjoyment and disposition
of property, whether free of charge or for a valuable consideration
States Parties to the Convention condemned discrimination against women in
all its forms and agreed to pursue by all appropriate means to eliminate
discrimination against women and, to this end they undertook:
➢ To embody the principle of the equality of men and women in their national
Constitutions or other appropriate legislation if not yet incorporated therein;
➢ To adopt appropriate legislative and other measures prohibiting all
discrimination against women;
➢ To establish legal protection of the rights of women on an equal basis with men
➢ To refrain from engaging in any act or practice of discrimination against women
➢ To take all appropriate measures to eliminate discrimination against women by
any person, organisation or enterprise.
➢ To repeal all national panel provisions which contribute
discrimination against women.
Conferences on Women
➢ In addition to the above Conventions three Conferences were held during the
U.N. sponsored International Women's Decade (1976-1985) Mexico City, 1975;
✓ Copenhagan, 1980
✓ Nairobi, 1985
✓ Fourth World Conference on Women held in Beijing in 1995
➢ They have greatly enhanced international awareness of the concerns of women
and provided the groundwork for invaluable links between the national
women's movements and the international community.
➢ In the Nairobi Conference, Forward Looking Strategies for Women to the year
2000 was produced but that could not be implemented adequately in many
areas though there were clear signs of progress in the areas of education, health
and access to employments.
➢ The effective implementation of the goals and objectives of the Beijing
Declaration and Platform for Action and the outcome of the twenty-third special
session of the General Assembly was reiterated by the 2005 World Summit
Outcome.
➢ The Summit resolved to promote gender equality and eliminate pervasive
gender discrimination by
1. eliminating gender inequalities in primary and secondary education by
the earliest possible date and at all educational levels by 2015
2. guaranteeing the free and equal right of women to own and inherit
property and ensuring secure tenure of property and housing by women;
3. ensuring equal access to reproductive health
4. promoting women's equal access to labour markets, sustainable
employment and adequate labour protection
5. ensuring equal access of women to productive assets and resources,
including land, credit and technology;
6. eliminating all forms of discrimination and violence against women and
girl child
7. promoting increased representation of women in government decision
making bodies, including through ensuring their equal opportunity to
participate fully in the political process.