Introduction to Human Rights by Ms. Heena Parveen (Unit 1).pptx

Introduction to Human Rights
Human rights are the fundamental rights and freedoms that belong to every person,
regardless of their nationality, race, religion, gender, or other status. They are universal,
indivisible, and inalienable, ensuring the inherent dignity and worth of all human
beings.
AB
By : Ms. Heena Parveen
Assistant Professor, GD Goenka University

Meaning of Human Rights
Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. They apply
regardless of where you are from, what you believe, or what your background is. Human rights are like armour, protecting
you from harm and ensuring your dignity and well-being.
Key Points:
1) Inalienable Rights: Human rights are inalienable, meaning they cannot be taken away or lost. They are inherent to all
human beings and are not dependent on any external factors.
2) Universal: Human rights are universal, applying to everyone regardless of their nationality, race, gender, or any other
characteristic.
3) Basic Rights: Human rights are basic rights that are essential for human dignity and well-being. They include the right to
life, liberty, and security of person, as well as the right to freedom of speech, assembly, and association.
4) Protection: Human rights are meant to protect individuals from harm and ensure their dignity and well-being. They
provide a framework for governments and other actors to respect and protect human rights.
5) Interconnected: Human rights are interconnected and interdependent. They are not isolated rights but are linked to each
other and to other fundamental principles such as equality, justice, and dignity.

Definitions of Human Rights
Definitions of Human Rights under various statutes:
1) Universal Declaration of Human Rights (UDHR): Article 1: "All human beings are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one another in a spirit of brotherhood."
2) Indian Constitution: Article 21: "No person shall be deprived of his life or personal liberty except according to procedure
established by law."
3) Protection of Human Rights Act (PHRA), 1993: Section 2(d): "‘Human rights’ means the rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable in India."
4) United Nations Charter: Article 1(3): "To achieve international cooperation in solving international problems of an economic,
social, cultural, or humanitarian character, and in promoting respect for human rights and fundamental freedoms for all without
distinction as to race, sex, language, or religion."
5) Guiding Principles on Business and Human Rights (UNGPs): Principle 1: "The State has the primary responsibility to protect
human rights, and business enterprises have a responsibility to respect human rights.

Fundamental Principles of
Human Rights
Fundamental Principles of Human Rights :
1) Universality: All human beings are born free and equal in dignity and rights (Article 1, Universal Declaration of Human Rights).
2) Accountability: Governments must create mechanisms for victims of gross violations of human rights law and serious violations of
international humanitarian law (Basic Principles and Guidelines on the Right to a Remedy and Reparation, 2005).
3) Indivisibility: All human rights are interdependent and indivisible (Article 1, Universal Declaration of Human Rights and Human
Rights Principles, United Nations Population Fund).
4) Transparency: Governments must be open about decision-making processes related to human rights (Article 25, Universal
Declaration of Human Rights).
5) Participation: People have the right to participate in decision-making processes related to human rights (Article 21, Universal
Declaration of Human Rights).
6) Non-Discrimination: Human rights must be guaranteed without discrimination of any kind (Article 2, Universal Declaration of
Human Rights).

Evolution of Human Rights
1) Early Philosophical and Religious Foundations: Ancient Greek philosophers, Judeo-Christian teachings, and Indian
philosophical and religious traditions contributed to the concept of natural law and inherent dignity.
2) Magna Carta (1215): A significant milestone in the development of human rights, emphasizing the protection of
individual rights against the power of the monarch.
3) Bill of Rights (1688): The first comprehensive bill of rights in a constitution, protecting individual rights and liberties.
4) US Declaration of Independence (1776): A foundational document in the development of human rights, emphasizing the
inherent rights of all individuals.
5) Universal Declaration of Human Rights (1948): A landmark document adopted by the United Nations, outlining the
fundamental rights and freedoms of all human beings

Three Generation of Human Rights
1) First Generation: Civil and Political Rights : These rights emphasize individual freedoms and protection from state power,
including the right to life, liberty, fair trial, free speech, and voting. They emerged from the French and American Revolutions,
focusing on safeguarding individuals from government abuse. Examples: The International Covenant on Civil and Political Rights
(ICCPR) and the European Convention on Human Rights (ECHR) are examples of treaties that protect first-generation rights
2) Second Generation: Economic, Social, and Cultural Rights : These rights ensure access to essential social services and economic
opportunities, such as education, healthcare, and social security. They stem from socialist and communist movements,
advocating for state intervention to guarantee these rights. Examples: The International Covenant on Economic, Social and
Cultural Rights (ICESCR) and the European Social Charter are examples of treaties that protect second-generation rights.
3) Third Generation: Solidarity Rights : These collective rights address global issues requiring international cooperation, including
the rights to a healthy environment, peace, development, and self-determination. Emerging in the 1970s and 1980s, they
highlight the need for global solidarity and cooperation. Examples: The African Charter on Human and Peoples' Rights and the
Declaration on the Right to Development are examples of instruments that recognize third-generation rights.

Three Generation of Human Rights
Contemporary Significance of Human Rights
1) Universal Protection: Human rights ensure the protection and dignity of every individual, regardless of nationality, race, gender, or religion.
According to Amnesty International's 2022 report, over 60 million people were forcibly displaced worldwide due to conflict, persecution, and
human rights violations
2) Basis for Social Justice: Human rights support movements fighting against discrimination, inequality, and injustice. The World Bank's 2021 data
indicates that gender inequality in labor markets leads to a loss of $160 Billion in global wealth.
3) Global Peace and Security: The Global Peace Index 2023 reports that countries with higher human rights protections tend to experience lower
levels of violence and conflict. For instance, Nordic countries, known for their robust human rights records, are among the most peaceful.
4) Economic and Social Development: The United Nations Development Programme (UNDP) 2022 report indicates that countries with high
human rights standards, such as Norway and Switzerland, also rank highest in the Human Development Index (HDI), linking human rights to
overall prosperity and well-being.
5) Response to Global Challenges: Human rights frameworks are vital in addressing global challenges like climate change, migration, and
pandemics. The Lancet's 2021 study on COVID-19 revealed that countries adhering to human rights principles in their response strategies, like
New Zealand, managed the pandemic more effectively, minimizing both health and social impacts.

The Universal Declaration of Human
Rights (UDHR)
The UDHR is widely regarded as a groundbreaking document that provides a comprehensive and universal set of principles in a secular, apolitical
document that is beyond cultural, religious, and political ideologies. It was adopted by the United Nations General Assembly (UNGA) on
December 10, 1948. The Resolution 217 was passed, with 48 votes in favor, none against, 8 abstentions, and 2 non-voting countries.
Guiding Principles:
1. Dignity and Worth: All human beings are born free and equal in dignity and rights
2. Equality and Non-Discrimination: Everyone is entitled to all the rights and freedoms set forth in this Declaration without distinction of any
kind
3. Right to Life and Security: Everyone has the right to life, liberty, and security of person
4. Protection from Slavery and Torture: No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their
forms
5. Right to Recognition: Everyone has the right to recognition as a person before the law.
The UDHR has been translated into more than 360 languages and is widely recognized as a fundamental document of Human
rights.

The Universal Declaration of Human
Rights (Structure)
The UDHR consists of 30 articles detailing an individual’s “basic rights and fundamental freedoms”
The articles are divided into several sections, including:
1) Articles 1-2: Basic concepts of dignity, liberty, and equality
2) Articles 3-5: Details of individual rights, such as the right to life and prohibition of slavery
3) Articles 6-11: Fundamental rights and remedies for their violation
4) Articles 12-17: Rights of the individual towards the community
5) Articles 18-21: Rights of the individual towards the community, including freedom of movement, thought, opinion,
expression, religion, peaceful association, and ideas through any media
6) Articles 22-27: Economic, social, and cultural rights, including healthcare and a better standard of living
7) Articles 28-30: General means of exercising these rights and areas in which the rights of the individual cannot be
applied.

International Covenant on Civil and
Political Rights (ICCPR)
The ICCPR, adopted by the UN General Assembly on December 19, 1966, and coming into force on March 23, 1976, is a key international
treaty that aims to protect civil and political rights worldwide. With 172 countries ratifying it, the ICCPR ensures fundamental freedoms
and legal protections for individuals.
Guiding Principles:
1. Right to Life and Human Dignity: No one shall be arbitrarily deprived of life or subjected to cruel, inhuman, or degrading treatment or
punishment
2. Equality and Non-Discrimination: Everyone is equal before the law and shall be protected against discrimination
3. Freedom of Thought, Religion, and Expression: Everyone has the right to freedom of thought, conscience, and religion, and to
freedom of expression
4. Right to Privacy and Family Life: Everyone has the right to privacy, home, and family life
5. Right to a Fair Trial: Everyone has the right to a fair trial and to be presumed innocent until proven guilty.
The ICCPR is monitored by the United Nations Human Rights Committee, which reviews the implementation of the treaty by countries that
have ratified it .

International Covenant on Civil and
Political Rights (Structure)
The ICCPR consists of 53 articles, divided into several sections:
1. Articles 1-2: Basic concepts of dignity, liberty, and equality.
2. Articles 3-5: Details of individual rights, such as the right to life and prohibition of slavery.
3. Articles 6-11: Fundamental rights and remedies for their violation.
4. Articles 12-17: Rights of the individual towards the community.
5. Articles 18-21: Rights of the individual towards the community, including freedom of movement, thought, religion, and
expression.
6. Articles 22-27: Economic, social, and cultural rights, including healthcare and a better standard of living
7. Articles 28-30: General means of exercising these rights and areas in which the rights of the individual cannot be applied.

International Covenant on Economic,
Social and Cultural Rights (ICESCR)
The ICESCR, adopted by the UN General Assembly on December 16, 1966, and coming into force on January 3, 1976, is a vital
international treaty dedicated to safeguarding economic, social, and cultural rights. With 172 countries ratifying it, the ICESCR
ensures the protection of essential human rights such as education, health, and an adequate standard of living.
Guiding Principles:
1) Right to Self-Determination: All peoples have the right to self-determination, including the right to determine their political status and freely
pursue their economic, social and cultural development
2) Right to Work: Everyone has the right to work, including the right to gain one’s living at work that is freely chosen and accepted
3) Right to Social Security: Everyone has the right to social security, including social insurance
4) Right to Education: Everyone has the right to education, including the right to free universal primary education and generally available
secondary education
5) Right to an Adequate Standard of Living: Everyone has the right to an adequate standard of living, including adequate food, clothing and
housing
6) Right to Health: Everyone has the right to the enjoyment of the highest attainable standard of physical and mental health
7) Right to Participation in Cultural Life: Everyone has the right to take part in cultural life; enjoy the benefits of scientific progress

The Crucible of Human Rights Covenants
 International Human Rights Covenants :
1) International Covenant on Civil and Political Rights (ICCPR)
2) International Covenant on Economic, Social and Cultural Rights (ICESCR)
3) Convention on the Elimination of All Forms of Racial Discrimination (CERD)
4) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
5) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
6) Convention on the Rights of the Child (CRC)
7) International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW)
8) Convention on the Rights of Persons with Disabilities (CRPD)

Human Rights in India
1. India's diverse cultural heritage and ancient traditions influence its approach to human rights.
2. Modern India's journey marked by struggles for independence and commitment to democratic
values.
 Mentioning Historical Perspectives and Challenges:
1. Colonial oppression: British rule left lasting impact on India's socio-political landscape in havok and
human rights were existed but on papers only.
2. Independence Movement: Leaders like Gandhi emphasized non-violence and civil liberties, shaping
human rights discourse.
3. Challenges: Poverty, gender inequality, caste-based discrimination, and communal tensions remain
pressing human rights concerns.

Journey of Human Rights Development in India
1. Early Awareness (Pre-1920s)
2. Motilal Nehru Committee (1925)
3. Simon Commission and Resistance (1927-1930)
4. Demand for Fundamental Rights (1927)
5. Karachi Session (1931)
6. Sapru Committee (1945)
7. Constitution of India Bill 1895 (Home Rule Document)
8. Preamble to the Indian Constitution
9. Part III of the Indian Constitution

India's Commitment to the Universal Declaration
of Human Rights
1. India's Role in Adoption: India actively supported the adoption of the Universal Declaration of Human Rights (UDHR) in
1948.
2. Upholding Equality: India's struggle for independence influenced its dedication to international human rights principles,
emphasizing justice and fairness.
3. Non-Aligned Movement: India's leadership in the movement showcased its commitment to global human rights norms.
4. Constitutional Alignment: India's Constitution echoes UDHR ideals, safeguarding citizens' fundamental rights.
5. Global Advocacy: India remains a global advocate for human rights, reflecting its enduring commitment to equity and justice.
6. Cultural Diversity: India's approach to human rights acknowledges its diverse cultural and social contexts while upholding
universal principles.

Human Rights in Indian Constitution
Civil and Political Rights in the Universal Declaration of
Human Rights and in the lndian Constitution.
Economic, Social and Cultural Rights in the Universal
Declaration of Human Rights and in the lndian Constitution

India's Engagement with International Human
Rights Framework
 India actively engages in international dialogues, contributing to shaping global human rights discourse by ratifying various
treaties and conventions :
1) International Covenant on Civil and Political Rights (ICCPR)
2) International Covenant on Economic, Social and Cultural Rights (ICESCR)
3) Convention on the Rights of the Child (CRC)
4) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
5) Convention on the Rights of Persons with Disabilities (CRPD)
6) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
7) International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
 Universal Periodic Review (UPR): India's participation in UPR underscores its willingness to receive constructive feedback
and enhance its human rights practices.

Domestic Legislations and Frameworks for India
1. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
2. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
3. Protection of Women from Domestic Violence Act, 2005
4. Right to Education Act, 2009
5. The Protection of Children from Sexual Offences (POCSO) Act, 2012
6. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013
7. National Food Security Act, 2013
8. The Juvenile Justice (Care and Protection of Children) Act, 2015
9. The Rights of Persons with Disabilities Act, 2016
10.The Mental Healthcare Act, 2017
11.The Transgender Persons (Protection of Rights) Act, 2021 and so on..

Recommendations to Improve Human Rights in
India
1. Public Awareness and Education
2. Government Accountability
3. Capacity Building
4. Protection of Vulnerable Groups
5. Elimination of Torture and Custodial Abuse
6. Strengthening Human Rights Institutions
7. Review of Reservations
8. Protection of Freedom of Expression
9. Data Collection and Analysis
10.Collaboration with International Bodies
11.Legislative Reforms

Conclusion
1. In conclusion, our journey through the evolution of human rights has not only shed light on our past but also ignited a path
forward. Across cultures and history, the common thread of human rights signifies our shared commitment to enduring
values. Notably, milestones like the Universal Declaration of Human Rights (UDHR) stand as monuments to our dedication
to safeguarding dignity, equality, and justice.
2. As we've explored historical, philosophical, and legal foundations, it's clear that human rights are more than concepts –
they're dynamic forces shaping societies past and present. International covenants, regional instruments, and India's role in
advocating for rights exemplify a global push towards individual freedoms and collective welfare.
3. In moving forward, let's embrace the power of human rights to foster change. By engaging in meaningful dialogue and
advocating for rights, we can ensure a future where justice, equity, and dignity prevail universally.

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