History of human rights, UDHR, ICCPR & ICESCR

Subject:- HUMAN RIGHTS
History of Human Rights
By- SMITA SATAPATHY

• Human rights are-
• rights of exceptional importance
• belong to every individual by virtue of being a
human
• necessary to ensure dignity of every person as
a human being irrespective of race, religion,
language, caste, sex or any other reason.
• based on the notion of equality

Definitions of HR-
• The United Nations Centre for Human Rights defines Human
Rights as “those rights which are inherent in our nature and
without which we cannot live as human beings”
• The Universal Declaration of Human Rights which adopted on
Dec.10th 1948, defines human rights as “rights derived from
the inherent dignity of human person”
• The Protection of Human Rights Act 1993 states” Human Right
means rights relating to life liberty, equality and dignity of the
individuals guaranteed by the constitution or embodied in the
International Covenants and enforceable by courts in India.”
• D.D Basu defined human rights “are those minimum rights
which every individual must have against state or other public
authority by virtue of being a member of human family,
irrespective of any other considerations

Concept of Human Rights
• According to Greek Tradition of Socrates
and Plato, natural law is law that
reflects the natural order of the
Universe, essentially the will of the
Gods who control nature.
• Plato (427-348 BC) one of the earliest
writers- universal ethical conduct
• Human rights became synonymous with
natural rights, rights that spring from
Natural Law

• Roman jurist Ulpian- all men are equal and by
same law all are born free
• Cicero (106-43 BC)- foundations of natural law
and human rights in work-
• He believed in universal HR
• St. Thomas Aquinas ( 1225- 1274) rooted natural
law with divine law- god created everyone equal.
• Greece and Romans provided equal rights to
citizens.

• roots for the protection of the rights can be
traced in the Babylonian Law .
• Babylonian king Hammurabi issued a set of
laws called Hammurabi Code
• Fair wages, offered protection of property
• The Magna Carta granted by King John of
England on June 15, 1215
• Jury trial introduced

Instruments from which the modern
concept of Human Rights originated
• 1. British Magna Carta 1215
• 2. French Declaration of the Rights of
Man 1789
• 3. American Bill of Rights 1791

Some provisions of Magna Carta
• Protection against arbitrary acts by the King.
• Land and property could no longer be seized.
• Judges had to know and respect laws.
• Taxes could not be imposed without common
council.
• There could be no imprisonment without a trial.
• Merchants were granted the right to travel freely
within England and outside

Magna Carta
• (Clause 39) became a symbol of liberty and
rule of law- “No free man shall be taken or
imprisoned or dispossessed or outlawed or
exiled, or in any way destroyed, nor will we go
upon him, nor will we proceed against him or
prosecute him, except by the lawful judgment
of his peers and by the law of the land”
• “To no man will we sell, or deny or delay right
or justice.”

English Bill of Rights
• Bill of Rights was signed in England in 1689, after the
Glorious Revolution of 1688.
• After revolution, the power of the king was reduced
and British parliament declared its supremacy over
the Crown.
• magna carta principles followed by parliament &
accepted the declaration of the rights and passed it
into law in the form of the “Bill of Rights”.
• Rights were- king has no overriding authority,
parliamentary supremacy, parliamentary elections
should be free & binding, cruel- unusual punishments
condemned.
• HRs r considered as eternal & inalienable right

History of the American Revolution
• AMERICAN DECLARATION OF INDEPENDENCE-
America was the colony of Britain. 13 colonies
revolted against England for their independence.
• Main reason- British government was of the view
that the colonies also should share in the expenses
incurred in their administration.
• Distrust on Govt. power & seeking to disengage the
colonies from British rule following dissatisfaction
over levels of taxation and lack of representation in
the British Parliament was the result The state
declared independence on July 4th 1776.

A History of American Bill Of Rights
• In 1787, delegates from the 13 states convened in
Philadelphia and drafted a remarkable blueprint
for self-government --- The Constitution of the
United States.
• However, the Constitution was remarkable but
suffered from flaws. Because it did not include a
specific declaration- or “bill of individual right” It
specified what Government could do but did not
say what it could not do.
• The absence of a Bill of Rights turned out to be an
obstacle to the Constitution’s ratification by the
States.

The American Revolution
• lately freed from the despotic English Monarchy, The
American People wanted strong guarantees that the
new Govt. would not stamp on, upon their newly
won freedoms of speech, press and religion, nor
upon their right to be free from warrantless searches
and seizures.
• “[A] bill of rights is what the people are entitled to
against every government on earth, general or
particular, and what no just government should
refuse.” Thomas Jefferson (The American Founding
Father).
• Finally the American Bill of Rights, inspired by
Jefferson and drafted by James Madison, was
adopted and in 1791.

• The first ten amendments of the American
constitution constitute the American Bill of
rights.
• the important amendments:-
The first amendment provides freedom of religion,
freedom of press, freedom of expression and the
rights of assembly. The fourth amendment
provides protection of individual against
unreasonable search and seizure. The fifth
establishes the rule against the self-
incrimination and the right to due process of
law.

French Revolution (1789-1799)
• King Louis XIV was 1st king to come into power-
executed.
• Roberspierre 2nd ruler- arrested & overthrown.
• The revolution reached in climax in 1789; the National
Assembly swept away the ancient feudalism and
serfdom.
• The slogan of the revolution was liberty, equality and
fraternity
• The French revolution gave a fatal blow to absolute
monarchy & led to the establishment of French Republic.
• There were new ideas such as such as enlightenment,
citizenship, nationalism and inalienable right.

• special privileges abolished & society organized
on basis of equality.
• The government should be not only “for the
people” but also “by the people”.
• The Declaration of the Rights of Man was a
product of French Revolution
• On 17th august 1789, the National Assembly
proclaimed the Rights of Man and of the Citizens.
• These rights were formulated in 17 articles. Basic
motto behind that ‘’’Men are born free and equal
in rights”

THE RUSSIAN REVOLUTION
• Russian revolution took place in 1917- 1st
communist revolution of the world.
• highlighted that economic & social rights were
as important as the civil and political rights.
• English, American & French revolutions
emphasized the first generation (civil and
political) rights, where as Revolution of Russia
popularized socio- economic rights; such as right
to food, clothing, shelter, work, social security,
protection of the family, right to adequate
standard of living, right to education, health, i.e.
second generation rights

Contemporary International Human
Rights Organizations
• To prohibit the slave trade and to limit the horrors
of war, in 1919 International Labour Organization
was established to oversee treaties protecting
workers with respect to their rights, including their
health and safety.
• At the end of 1st World War the League of Nations
was established following the concern for the
protection of certain minority groups.
• ILO maintained justice & rights & promoted the
conditions of workers.

The Second World War (1939)
• Over six million people which included Jews,
Sinti, Romani Gypsies and persons with
disabilities were killed by Nazi Germany which
horrified the world.
• Trials were held in Nuremberg and Tokyo after
the World War and officials from the defeated
countries were punished for committing war
crimes, crimes against peace and humanity.

Evolution Of The United Nations
• The idea of human rights emerged
stronger after World War II.
• Governments then committed
themselves to establishing the United
Nations, with the primary goal of
securing international peace and
preventing conflict.

Continuation
• People wanted to ensure that never again would
anyone be unjustly denied life, freedom, food,
shelter and nationality.
• Calls came from across the globe for human
rights standards to protect citizens from abuses
by their Governments, standards against which
nations could be held accountable for the
treatment of those living within their borders.
These voices played a critical role in the San
Francisco meeting that drafted the United
Nations Charter in 1945.

 The United Nations Charter – 1945
“established an international organization dedicated to maintaining
peace and security and to cooperation in solving economic, social,
cultural, and humanitarian problems.”
• Article 1 part 3-
• To achieve international co-operation in solving
international problems of an economic, social,
cultural, or humanitarian character, and in
promoting and encouraging respect for human
rights and for fundamental freedoms for all
without distinction as to race, sex, language, or
religion; and

• Article 13
• The General Assembly shall initiate studies and
make recommendations for the purpose of:
b- promoting international co-operation in the
economic, social, cultural, educational, and
health fields, and assisting in the realization of
human rights and fundamental freedoms for all
without distinction as to race, sex, language, or
religion.
•

• Article 55
• With a view to the creation of conditions of stability and well-being
which are necessary for peaceful and friendly relations among
nations based on respect for the principle of equal rights and self-
determination of peoples, the United Nations shall promote:
• a. higher standards of living, full employment, and conditions of
economic and social progress and development;
• b. solutions of international economic, social, health, and related
problems; and international cultural and
educational cooperation; and
c. universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race,
sex, language, or religion.

• Article 76
• The basic objectives of the trusteeship system, in
accordance with the Purposes of the United
Nations laid down in Article 1 of the present
Charter, shall be:
• c. to encourage respect for human rights and
for fundamental freedoms for all without
distinction as to race, sex, language, or religion,
and to encourage recognition of the
interdependence of the peoples of the world; and

• Article 56
• All Members pledge themselves to take joint and separate action in
co-operation with the Organization for the achievement of the
purposes set forth in Article 55.
• Article 62
• The Economic and Social Council may make or initiate studies and
reports with respect to international economic, social, cultural,
educational, health, and related matters and may make
recommendations with respect to any such matters to the General
Assembly to the Members of the United Nations, and to the
specialized agencies concerned.
• It may make recommendations for the purpose of promoting
respect for, and observance of, human rights and fundamental
freedoms for all.

• Article 68
• The Economic and Social Council shall set up
commissions in economic and social fields and
for the promotion of human rights, and such
other commissions as may be required for the
performance of its functions.
• The ECOSOC in its 1st session constituted the
Human Rights Commission

• Charter did not define what are human rights
and provided no provision for implementation
therefore there was a demand for adoption of
International Bill of Rights.
• The task of framing an International Bill of
rights was entrusted to the Commission on
Human Rights.

• the Commission laid down the task of framing
an International Bill of rights comprising a
Declaration, Covenant and ways and means of
implementing them.
• This was confirmed by the General Assembly
• On December 10th, 1948 UDHR was adopted.
• The Commission drafted two covenants in
1954

• In 1955 this committee finally approved the
text of the conventions
• To come into force the covenant required
ratification by 35 States.
• So slow was the process of ratification that the
ICESCR could come into force only on January
3rd, 1975 and the ICCPR on March 23rd, 1976.

• The beauty of UDHR is that it’s neither
addressed to nations nor to member states of
the UN but to every individual.
• Most of the rights given under UDHR have
been incorporated in Indian Constitution.

HR Bodies under UN
• 1st HR body was Commission on Human Rights
• Appointed by ECOSOC & approved by GA on
16th Feb, 1946
• Composed of 18 members elected by ECOSOC
• Another body- Sub- commission on Promotion
& Protection of HR
• Established on June 21, 1946

Human Rights Council
• Both Commission & Sub-Commission on HR
replaced by the Human Rights Council on
March 2006 by the GA
• In World Summit Outcome 2005- agreed to
create a UN HR Council- in Geneva
• 47 members- are elected directly
• Holds regular elections 3 times a year- March,
June, Sept.

Functions-
• Promote HR education & learning
• Forum for dialogue on thematic issues on HR
• Recomdn to GA for develpmt of IHL
• Promote full implementatn of HR obligation
by states
• Subsidiary bodies- Universal Periodic Review,
Complaint Procedure, Special Procedures &
Advisory Committee

Office of the UN High Commissioner
for HR (OHCHR)
• Established by GA- on Dec 20, 1993
• Office – at Geneva
• Headed by High Commissioner- appointed by
Secretary General of UN
• Serve- 4 year term period
• Responsible for all activities of OHCHR

Special responsibilities by GA are-
• To protect & promote – effective enjoyment
by all
• To provide advisory services
• to coordinate UN educatn & public info.
Programmes in filed of HR
• Promotes Intl. cooperatn for HR
• Assists in develpmt of new norms
• Responds serious violatn of HR
• Undertakes HR field activities

• Declaration vs. Covenant/ Convention/ Treaty
• GA requested ECOSOC HR Commission
• Drafting Committee
• The International Bill of Human Rights
comprises UDHR, ICCPR and ICESCR and its two
Optional Protocols

Universal Declaration Of Human Rights
• On December 10, 1948, the Universal
Declaration of Human Rights (UDHR) was
adopted by 56 members of the United
Nations.
• The UDHR commonly referred to as the
International Magna Carta.
• UDHR consists of 30 Articles besides A
Preamble

Continuation
• Rights proclaimed in UDHR classified into 4
categories-
• 1- General (Art. 1 & A. 2)
• 2- Civil & Political ( A. 3 to 21)
• 3- Economic, Social & Cultural ( A. 22 to 27)
• 4- Concluding (Art. 28 to 30)

Preamble
• “Where as Recognition of the inherent dignity
& of the equal & inalienable rights of all
members of the human family is the
foundation of freedom, justice & peace in the
world” .
• From Tyranny & oppression Human beings
should be protected
• Originally intended as a "common standard of
achievement for all peoples and all nations",
UDHR has become a cornerstone of customary
international law, and all govt.s are bound to
apply its principles.

• Article 1 declares that
• "all human beings are born equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of
brotherhood."
• Article 2 recognizes the universal dignity of a
life free from discrimination.
• "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."

• The first cluster of articles, 3 to 21, sets forth
civil and political rights to which everyone is
entitled.
• The second cluster of articles, 22 to 27, sets
forth the economic, social and cultural rights to
which all human beings are entitled.
• The third and final cluster of articles, 28 to 30,
provides a larger protective framework in which
all human rights are to be universally enjoyed

Indian Constitution and UDHR
• India a signatory to the UDHR.
• No. of FRs guaranteed to the individuals in Part
III of the Indian Constitution are similar to the
provisions of the UDHR
• Even most of the economic, social and cultural
rights proclaimed in the UDHR incorporated in
part IV of the Indian Constitution.

Sl No. Name of Rights Universal Declaration Indian Constitution
1 Equality before law Article 7 Article 14
2 Prohibition of discrimination Article 7 Article 15(1)
3 Equality of opportunity Article 21 (2) Article 16(1)
4 Freedom of speech and expression Article 19 Article 19(1)a
5 Freedom of peaceful assembly Article 20(1) Article 19(1)b
6 Right to form associations or unions Article 23(4) Article 19(1)c
7 Freedom of movement within the border Article 13(1) Article 19(1)d
8 Protection in respect of conviction for offences Article 11(2) Article 20(1)
9 Protection of life and personal liberty Article 3 Article 21
10 Protection of slavery and forced labour Article 4 Article 23
11 Freedom of conscience and religion Article 18 Article 25(1)
12 Remedy for enforcement of rights Article 8 Article 32
13 Right against arbitrary arrest and detention Article 9 Article 22
14 Right to social security Article 22 Article 29(1)

Sl No. Universal declaration of rights Article in the universal
declaration
Article in the Indian
constitution
1 Right to work, to just and favourable
conditions of work
Article 23(1) Article 41
2 Right to equal pay for equal work Article 23(2) Article 39(d)
3 Right to education Article 26(1) Article 21(A), 41, 45, &
51(A)k
4 Right to just and favourable remuneration Article 23(3) Article 43
5 Right to rest and leisure Article 24 Article 43
6 Right of everyone to a standard of living
adequate for him and his family
Article 25(1) Article 39(a) & Article 47
7 Right to a proper social order Article 28 Article 38

• India signatory to UDHR
• Indian Constitution adopted by Constituent
Assembly on Nov. 26, 1949- came into force
from Jan. 26, 1950- influenced by Declaration.
• Preamble- 4 pillars-
• Justice, Liberty, Equality, Fraternity
• The Preamble of the Constitution stated ‘dignity
of the individuals’ which implied that the worth
inherent in the human person was well
recognized.

• In Keshavananda Bharti v. State of Kerala- (AIR
1973 SC 1461) SC observed that the UDHR may
not be legally binding instrument but it shows
how India understood the nature of HR at the
time the Constitution was adopted.
• In Golak Nath v. State of Punjab- (1967 AIR 1643)
FRs are Modern Name of what traditionally
known as Natural Rights.
• HRs- Citizens- A. 15, 16, 19, 29
• All Persons- A. 14, 20, 21, 22

• Chairman, Railway Board & others v. Mrs.
Chandrima Das- SC observed that the
Declaration has the international recognition as
the ‘Moral Code of Conduct’ adopted by GA of
UN.
• The applicability of UDHR has to be read as
part of domestic jurisprudence
• That declaration adopted by UN have to be
respected by all signatory states and the
meaning as would help in effective
implementation of those rights.

• Minerva Mills v. U.O.I. (1980) 2 SCC 591-
Part III & Part IV together constitute the core of
our Constitution & combine to form its
conscience. Anything that destroys the
balance between the two parts will ipso facto
destroy an essential element of basic
structure.
Art. 51- give Importance to Intl. treaty &
Obligations.

Sources of HR Law
• 1- International Treaties/Conventions-
2- International Custom-
3- Other International Instruments/ Official
Documentations-
4- Judicial Decisions-

Background of Intl. Covenants on HR
• Commission on HR- prepared preliminary
draft of Int. bill of rights
• Decided to have a covenant- Intl. Covenant on
HR- Working Group prepared a Draft covenant
consists of 27 Articles divided in to 3 Parts
• Draft covenant forwarded this proposal in Jan
1948 but in 1950, GA recommended inclusion
of 2nd GR.
• 1954 Commission completed 2 Drafts of 2
Covenants- forwarded to ECOSOC then to GA

• GA assigned the verification to its Third
Committee (Social, Humanitarian & Cultural)
• On recommendatn of 3rd Comm. GA on 16 Dec
1966 adopted 2 Covenants- ICCPR & ICESCR
• Also adopted an Optional protocol to Int. Cov.
On Civil & Pol. Rights
• GA adopted 2nd Opt. P aiming at Abolition of
the Death Penalty on Dec 15, 1989
• GA adopted Opt. protocol for ICESCR on Dec.
10, 2008

• 2 Covenants opened for signature on Dec 19,
1966 but,
• ICESCR came into force on Jan 3, 1976 and
• ICCPR along with 1st OP came into force on
23rd March, 1976.
• 2nd OP to ICCPR came into force on July 11,
1991
• OP to ICESCR came into force on May 5, 2013

ICCPR
• ICCPR- key international HR treaty providing a
range of protection for civil & political rights.
• Multi lateral treaty adopted by UN GA on 16th
December 1966 & came into force 23 March
1976
• ICCPR part of Intl. bill of HRs along with UDHR &
ICESCR
• Covenant consists of Preamble and 53 Articles &
is divided into 6 Parts.

• The First three parts include I, II & III which
enumerates various rights & freedoms
• Other parts r devoted with implementation
procedures for effective realization of such
rights.

Structure of ICCPR
• Part I- Article 1-
• Part II- Art.2 to A. 5
• Part III- Art. 6 to A.27
• Part IV- Art. 28 to A. 45
• Part V- Art. 46 & A. 47
• Part VI- Art. 48 to A. 53

• Part I- A. 1- Right to Self determination- People
have right to determine their political status &
freely pursue eco, soc, cul. Development
• State parties shall promote realisation of right to
self- determination & shall respect that right.
• Part II- rights & obligations of State Parties to
Covenant
• Obligation of States to take necessary steps to
incorporate the provisions of covenant in
domestic laws & to adopt such legislative & othr
reg.

• Equal right of men & women to enjoyment of all
civil & pol. Rights
• A.3- State parties to present covenant undertake
to ensure equal right of men & women to
enjoyment of all civil & pol. Rights
• A.4- State parties to covenant may take measures
derogating from their obligations under covenant
to the extent strictly required by exigencies of
the situatn.

• A.5- Nothing may be interpreted at
destruction of rights & freedom to greater
extent than in the covenant, no restrictn or
derogation of Fundamental HR on the pretext
that covenant do not recognise such right.
• Part III-
• Art. 6 to 27

• A.6- Right to Life
• A.7- Freedom from torture or inhuman
treatment or punishment
• A. 8- freedom from Slavery & servitude
• A.9- right to liberty & security
• A.10- right of detenu to be treated with
Humanity
• A.11- freedom from imprisonment for inability
to fulfill a contractual obligation
• A.12- Freedom of movement & to choose
residence

• A.13- freedom of aliens from arbitrary expulsion
• A.14- right to equality in fair trial
• A.15- non- retroactive application of Criminal
law
• A.16- Right to recognition as a person before the
law
• A.17- Right to privacy, family, home or
correspondence
• A.18- Freedom of thought, conscience & religion
• A.19- Freedom of opinion & expression

• A.20- Prohibition of propaganda of war
• A.21- Right of peaceful assembly
• A.22- Freedom of association
• A.23- Right to Marry and found a Family
• A.24- Rights of the Child
• A.25- Right to take part in the conduct of public
affairs, to vote & to be elected
• A.26- Equality before the law
• A.27- Rights of Minorities

Implementation Procedure
• The committee carries out the
implementation of the human rights in 4
ways-
• 1- The Reporting Procedure
• 2- Inter-State Communication system
• 3- Conciliation Procedure
• 4- Individual’s Communications System

• Reporting-
Art. 40 para 1 of ICCPR obligates the state parties
to undertake to submit reports on measures
they have adopted to give effect to the rights
recognized.
• Inter-State Communication System-
If the covenant are not given effect by a state,
other state parties may make complaints
regarding the violations by HRs Committee.
Art.41 lays down the process.

• Conciliation Procedure-
The Conciliation procedure is adopted by HRs
Committee in those cases of Inter state
communications where a matter referred to it
is not resolved to the satisfaction of state
parties concerned. In such cases, committee
may appoint an ad hoc conciliation committee
with prior consent of State Parties.
- Basically dealt in Article 42

• Individual Complaint Mechanism-
Individual have been given right to make
petition before HRs Committee against the
State violating any right provided under civil &
political rights under Optional Protocal-I

History of human rights, UDHR, ICCPR & ICESCR

Criticism of the Covenants
• HRs can’t b universal in nature because One
State differ from other state
• In both the covenants, they omitted the
provision to recognize & protect the property
rights

• In Vishaka v. State of Rajasthan- SC in
absence of domestic law relating to Sexual
Harassment at workplace, contents of
international conventions are significant for
purpose of interpretation of gender equality.
• This is implicit from A.51 para 3 & A. 53 of
ICCPR

• In Nilabati Behera v. State of Orissa- SC
observed that in case a provision in ICCPR was
referred to support the view of an
unenforceable right to compensation not alien
to enforcement of a guaranteed right, as a
public law remedy under A. 32. A. 9 (5) of
ICCPR provides that any one who has been
victim of unlawful arrest or detention shall
have enforceable right to compensation.

HR Committee
• HRC body of 18 independent experts- monitors
implementation of ICCPR by its State Parties.
• It meets 3 times a year at UN headquarter, NY
• Treaty-based mechanism- experts examines
reports & rules on Individual Communications
• All St. Parties r obliged to submit regular reports
to the Committee on how the rights r being
implemented

• Initially Submit report in 1 year then when
Committee requests
• Comm. Examines each report & addresses its
concerns & recommendation to the St. party in
form of ‘concluding observations’
• It considers St. reports, individual complaints &
inter-state complaints & its preparation of
general comments & general discussions on
topics of ICCPR

Optional Protocol I
• To achieve the purposes of the ICCPR & for
better implementation of its provisions-
Human Rights Committee to be set up under
Part IV & under OP-I will receive and consider
communications of individuals.
• Total- 14 Articles
• Provides for Individual Complaint Mechanisms

Optional Protocol- II
• Aim at abolition of Death Penalty- Enhance human
dignity & progressive development of HR
• Followed Art. 3 of UDHR & A.6 of ICCPR
• All measures of abolition of death penalty should
be progress in enjoyment of right to life
• Desirous to undertake hereby an Intl. commitment
to abolish death penalty
• Total- 11 Articles

Speech & Expression- A. 19 (1) (2)
• Bennet Coleman Co. v. UOI (AIR 1973 SC 106)
The News Print Control Order 1962 was challenged as
it fixed max. no. of pages. The Govt. action restrictd
the new print & its distributn & use.
SC held that it was violative of A. 19 (1) (a) of Consti.
SC observed that Govt. should ensure the equitable
distribution of available newsprints among news
paper & once distributed papers should be left free
to determine its use.

Right to Life
• Maneka Gandhi v. UOI (AIR 1978 SC 597)
She was asked to surrender her passport
u/S. 10(3)(c)of Passport Act, 1967 in public interest
Right to Life is more than mere animal existence. It
includes Right to Live with dignity & all those rights
which would make right meaningful
SC observed that procedure prescribed by law for
depriving a person of his life & personal liberty
must b right, just & fair not arbitrary, fanciful &
oppressive.

Right to Die
• P. Rathinam v. UOI- SC declared that Section 309 of
IPC is Unconstitutional & right to die was included
in A. 21 under Right to Life.
• Gian Kaur v. State of Punjab- SC reversed Rathinam
judgment & held Right to Life doesn't Right to Die.
Right to Life is a natural right but Suicide is an
unnatural termination/extinction of life is
incompatible with Concept of Right to Life.
Right to Life include Right to Live with human dignity
would mean the existence of a right up to end of
natural life.

ICESCR
• Multi lateral treaty- adopted by GA on 16th Dec.
1966 & came into force on 3rd Jan. 1976
• It commits its parties to work towards granting of
ESC Rights to individuals
• It is composed of a Preamble & 31 Articles which is
divided into 5 Parts
• Part I- Art. 1
• Part II- A. 2 to A.5
• Part III- A. 6 to A.15
• Part IV- A. 16 to A. 25
• Part V- A. 26 to A. 31

• Part I- Art. 1- Rights to Self- determination
• Part II- Nature of obligation of State Parties
• A. 2- steps for full realization of rights
• A. 3- assurance for providing equal rights
• A. 4- No illegal limitation on enjoyment of rights
• A. 5- No restriction on people to enjoy rights
• Part III- Economic, Social & Cultural Rights
• A. 6- Right to work
• A. 7- Right to just & favorable conditions of work
• A. 8- right to form & join trade unions

• A. 9- right to social security
• A. 10- right relating to motherhood & childhood,
marriage & the family
• A. 11- right to adequate food, clothing, housing
& standard of living & freedom from hunger
• A. 12- right to physical & mental health
• A.13 & A.14- right to education including a plan
for implementing compulsory primary education
• A. 15- right relating to science & culture

Name of Right ICESCR Consti.
39 f

• Part IV- Report by State parties to UN Secretary-
General (Machinery for Implementation)- A.16- 25
• St. parties to present the covenant undertake to
submit reports on measures which they have
adopted & progress made in realization of rights.
• All reports submitted to Secretary Gen of UN- shall
transmit to ECOSOC
• ECOSOC- may submit from time to time to GA
reports with recommendations
• Part V- Signatures, ratification & accession (A.26 to
31)

Enforcement of ICESCR
• ICESCR envisages ‘progressive realization’ of
rights taking into account each state party’s
availability of resources
• ICESCR often sets out steps to be taken by the
State parties for realization of various rights
contained in the convention.
• Monitoring-
• To monitor & assist the implementation of the
rights contained in ICESCR, the covenant has
created an entity known as a treaty body ‘the
Committee on Economic & Social Rights’

• The primary function of supervising State parties
compliance with obligation assumed by ratifying
the Covenant &
• To oversee the implementation of rights
enumerated in ICESCR
• It consists of 18 independent experts
• The Committee established under ECOSOC to
carry out the monitoring functions assigned to the
ECOSOC in Part IV of the covenant

• All the St. parties are obliged to submit regular
reports to the Committee On how the rights
are being implemented
• The Committee also undertake inquiries on
grave & systematic violations under ICESCR
• Consider Inter State Complaints
• The Committee meets in Geneva & normally
holds 2 sessions per year

Cases on ICESCR
• Equal Pay for Equal Work-
• State of M.P. v. Pramod Bhartiya (AIR 1993 SC
287- Both Part IV & Part III r complementary
to each other. It is not only a DPSP but is as
much part of Art 14 & A. 16 (1) of Indian
Constitution
SC held that equal pay for equal work though
not a FR is certainly a Constitutional Goal

Right to Livelihood-
• Olga Tellis v. Bombay Municipal Corporation-
• Commonly known as Pavement Dwellers Case
• Right to livelihood is an integral facet of right
to life. The case was brought by pavement
dwellers to resist eviction from their habitat by
Bombay Municipal Corp. Court observed that
no person can live without means of living.
• Easiest way to deprive life is to take livelihood
• St. may not take affirmative action for their
benefit but cannot deprive their right

Right to Shelter
• Chameli Singh v. State of UP (1996) 2 SCC 549
• Right to Life includes Right to Shelter. The right
to shelter does not mean a mere right to have
a roof over one’s head but right to all
infrastructure necessary to enable them to live
& develop as a Human Being
• Right to live in a civilized society implies right
to food, water, decent environment, education
& medical care. These r basic HRs known to any
civilized society

Right to Health
• Paschim Bengal Khet Mazdoor Samity v.
State of WB (AIR 1996 SC 2426)
• Failure on part of Govt. Hospital to provide
timely medical treatment to a person in need
of such treatment is violation of Art. 21.
• State cannot plead financial constraint to carry
out directions to provide adequate medical
services

Right to Food
• PUCL v. UOI-
• FCI godown were overflowing with grain & rotting- 5
km away people were starving
• Pucl Raj. Filed the case – Right to food is implicit in A.21
• Court directed that PDS shops if closed be reopened.
• FCI was ordered to ensure that food grains don’t waste
• States were given responsibility over implementation of
food security schemes.
• Court tried to justify right to food by bringing it under
A.21 & linking it to A. 25 of UDHR & A.11 of ICESCR

Right to Education
• Unni Krishnan v. State of A. P.-
• Right to Education flows directly from right to
Life. The State is under a constitutional
mandate to provide educational institutions at
all levels for benefit of citizens.
• Right to Life includes Right to Education as
Education promotes good & dignified life.
• Court referred A. 21A, A. 41 & A. 45 to
determine the parameters of the right & A.13
of ICESCR

Few More cases of ICCPR
• Right to Equality-
• Ajay Hasia v. Khalid Mujib (1981) SCC 722
• Protection against arbitrary arrest & detention-
• D. K. Basu v. State of West Bengal
• Joginder Singh v. State of U P
• Right to compensation-
• Neelabati Behera v. State of Odisha
• Right against solitary Confinement-
• Sunil Batra v. Delhi Administration AIR 1978 SC
1675

History of human rights, UDHR, ICCPR & ICESCR

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