Human Rights Lectures PDF

Lectures on Human Rights by Dr. Subhoda Banerjee, Assistant Professor (Law) St. Xavier’s University, Kolkata INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (IC...

Lectures on Human Rights by Dr. Subhoda Banerjee, Assistant Professor (Law) St. Xavier’s University, Kolkata INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) The International Covenant on Economic, Social and Cultural Rights (1966), together with the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966), make up the International Bill of Human Rights. The ICCPR contains about 53 articles divided into 6 parts. Their details are as follows: Article 1. It recognizes the right of all peoples to self-determination, including the right to “freely determine their political status”, pursue their economic, social and cultural goals. Articles 2 – 5, These articles enable parties to come up with legislation to give effect to the rights recognized in the Covenant, and to provide a legal remedy in case of violation of such rights. (law and remedy) Articles 6 – 27, Guarantee of physical integrity as in right to life and freedom from torture and slavery. Freedom from unlawful arrest, right to habeas corpus and guarantee of individual liberty and security. Fairness in law, fair and impartial trial, the presumption of innocence. Freedoms of movement, thought, religion association, conscience, assembly, right to privacy and right to a nationality. Disallowing propaganda for war and religious purposes as well as advocacy of national or religious hatred that will result in violence or hostility. Political participation, including the right to the right to vote Equality before the law, no discrimination on grounds of anyone being a minority or not. Articles 28 – 45, These articles establish the guidelines of the operation of the Human Rights Committee as well as the reporting and monitoring of the Covenant. Articles 46 – 47, states that the provisions of the ICCPR does not mean that parties will interfere with the operation of the United Nations or “the inherent right of all peoples to enjoy and utilize full and freely their natural wealth” Articles 48 – 53, governs ratification, entry into force, and amendment of the Covenant. India and the ICCPR - India is a party to the ICCPR. -Article 19 (1) (a) states that all citizens shall have the right to freedom of speech and expression. -Article 19 (1) (b) states that all citizens shall have the right to assemble peaceably and without arms. INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR) The International Covenant on Economic, Social and Cultural Rights (1966), together with the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966), make up the International Bill of Human Rights. India has ratified ICESCR. There are total 6 Parts comprising of Article 1-31. The ICESCR provides the legal framework to protect and preserve the most basic economic, social and cultural rights, including rights relating to work in just and favourable conditions, to social protection, to an adequate standard of living, to the highest attainable standards of physical and mental health, to education and to enjoyment of the benefits of cultural freedom and scientific progress.  Article 1: Right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 2: Right to non-discrimination s to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status and the right to an effective remedy particularly the adoption of legislative measures. Article 3: Equal right of men and women to the enjoyment of economic, social and cultural rights in the ICESCR. Article 4: Limitations may be placed on these rights as are determined by law, for the purpose of promoting the general welfare in a democratic society. Article 5: No person, group or government has the right to destroy any of these rights. Article 6: Right to work Article 7: Right to just and favourable conditions of work, equal pay for equal work Article 8: Right to form and join trade unions, the right to strike Article 9: Right to social security, including social insurance. Article 10: Protection of the family, mothers, children and young persons Article 11: Right to an adequate standard of living, including adequate food Article 12: Right to health Article 13 and 14: Right to education Article 15: Right to participate in cultural life Article 16-31 deals with submission of reports, role of Secretary General etc.  GENEVA CONVENTION The Geneva Conventions and their Additional Protocols are international treaties that contain the most important rules limiting the brutality of war. They protect people who do not take part in the fighting (civilians) and those who can no longer fight (wounded, sick and shipwrecked troops, prisoners of war). The first Geneva Convention protects wounded and sick soldiers on land during war. The second Geneva Convention protects wounded, sick and shipwrecked military personnel at sea during war. The third Geneva Convention applies to prisoners of war. The fourth Geneva Convention affords protection to civilians, including in occupied territory.  Article 2, states that the Geneva Conventions apply to all the cases of international armed conflict (IAC) Article 3, common to the four Geneva Conventions, covers situations of non-international armed conflicts. It specifically prohibits murder, mutilation, torture, cruel, humiliating and degrading treatment, the taking of hostages and unfair trial. It requires that the wounded, sick and shipwrecked be collected and cared for. Two Protocols -They strengthen the protection of victims of international (Protocol I) and non-international (Protocol II) armed conflicts and place limits on the way wars are fought. Protocol I expand protection for the civilian population as well as military and civilian medical workers in international armed conflicts. Special protections are provided for women, children and civilian medical personnel, and measures of protection for journalists are specified. Protocol II elaborates on protections for victims caught up in high-intensity internal conflicts such as civil wars. It does not apply to such internal disturbances as riots, demonstrations and isolated acts of violence. In 2005, a third Additional Protocol was adopted creating an additional emblem, the Red Crystal, which has the same international status as the Red Cross and Red Crescent emblems. The red crystal may be used in environments where another emblem could be perceived as having religious, cultural or political connotations. The International Committee for the Red Cross (ICRC), an international humanitarian organisation, has the mandate to monitor that signatories follow the rules in situations of conflict. Ambulances, military hospitals, and the personnel/citizens serving the wounded are to be protected during conflict. Wounded or sick are to be collected and cared for in a conflict. The symbol of a red cross on a white background (the reverse of the Swiss flag in honour of the origin of this initiative) serves as a protective emblem to identify medical personnel, equipment, and facilities. To sum up, the Geneva convention is a set of rules and protocols that are designed and made to protect the effect of war on civil individuals and military personnel and save the assets and properties of a territory. There are various rules under the Geneva conventions some of them are that the prisoner of war and military personnel shall be treated with respect, no danger should be done to the native public during any war, No biological or chemical examinations should be done on prisoners of war, the military personnel should not be slaughtered or tortures, the government employees shall remain working during the war and no harm must be done to them, and many more like these are written in the Geneva convention. The outcome of the Geneva conventions is that human rights are maintained even during war times and civilians and army personnel are treated with respect. And no terrible outcome of any war comes out. THE BEIJING DECLARATION The Beijing Declaration of 1995, marked a significant turning point in the global movement for gender equality and global empowerment of women. The Beijing Declaration was made during the Fourth World Conference on Women convened by the United Nations during 4 -1 5 September 1995 in Beijing, China. It was at this conference that the world agreed on a comprehensive plan to achieve legal equality on a global scale. The plan was known as the Beijing Platform for Action. The Beijing Platform for Action covers 12 critical areas of concern. They are as follows:  Poverty, Education and Training, Health, Violence, Armed Conflict, Economy, Power and decision-making, Institutional mechanisms, Human rights, Media, Environment, Girl Child Objectives- In the interest of all humanity, to work toward equality, progress, and peace for all women everywhere. There are now more opportunities for women and girls to receive free, good education. To stop violence against women, speak out against it and take the required action. To ensure that the proportion of women in positions of authority and decision-making rises. Thus, it seeks to promote equality between women and men is a matter of human rights and a condition for social justice and is also a necessary and fundamental prerequisite for equality, development and peace. Impact 1. Education of Girls and Women Over the years prior to Beijing, many studies showed that the education of girls had both short- and long-term effects, including smaller families, often with increased income from women’s formal or informal work, and more attention to health, education, and nutrition for children. An additional but nonquantifiable benefit is the increased value placed on girls in the family when schooling for them becomes the norm and, over time, subtly changes the cultural pattern that only boys are considered important. Attention to this issue in Beijing prompted a great deal of action in countries that had the largest gap between education of girls and boys in primary school. While the goal of parity in education is still a long way from being met, progress has been substantial. 2. Participation in Decision Making and Governing with a Gender Lens Perhaps one of the trends from Beijing with the greatest impact across the board has been the call for a critical mass of 30 percent women in decision-making as a route to hearing the voices, concerns, and ideas of women in democracies. This trend has not diluted a call for parity, but there is recognition that women are unlikely to achieve that goal without an effective strategy. THE UN CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) 1979 - CEDAW was adopted by the United Nations General Assembly in 1979. It has often been described as the international bill of rights for women and sets out a comprehensive set of rights for women in civil, political, economic, social and cultural fields. India has ratified CEDAW. CEDAW has a preamble (Introduction) and 30 Articles – Article 1-5: General Framework of the Convention, Article 6 - 16: Specific Substantive Issues, Article 17-22: Committees and Procedures, Article 23 – 30: Administration and Interpretation The summary of some of the provisions are provided below- Article 1 – Definition of Discrimination: Discrimination that affects women's enjoyment of political, economic, social, cultural, civil or any other rights on an equal basis with men. Article 2 – Policy measures: States must make laws and regulations, implement policies to eliminate discrimination against women. Article 3 – Enjoy basic human rights and fundamental freedoms: States should take action to ensure women can enjoy human rights on equal footing with men. Article 4 – Special/Social measures: It can be used to accelerate women’s equality. Article 5 – Sex roles and Stereotyping: States must take appropriate measures to eliminate sex role stereotyping and prejudice stemming from the idea of the inferiority or superiority of one sex over the other. Article 6 – Trafficking and Prostitution: States Parties must take all measures, including legislation to stop all forms of trafficking and exploitation of women for prostitution. Article 7 – Political and Public Life: Women have equal rights to vote, hold public office and participate in civil society. Article 8 – Participation at international level: Women should be able to represent their country internationally and work with international organisations on an equal basis with men. Article 9 – Nationality: Women have equal rights with men to have their nationality and that of their children. Article 10 – Equal rights in education: Women have equal rights to education including vocational training, scholarships etc. Article 11 – Employment: Women have the right to work, employment opportunities, equal remuneration, free choice of profession etc. Article 12 – Healthcare and Family Planning: Women have equal rights to access health care including family planning services. Article 13 – Economic and social benefits: Women have equal rights to family benefits, to participate in sports and cultural life. Article 14 - Rural women have the right to adequate living conditions, participation in development planning, and access to education etc. Article 15 – Equality before law: Women have the legal right to enter contracts, own property and to choose where to live. Article 16 – 30 deals with equal rights to marriage, working of the committee and administration of the convention. The Optional Protocol to CEDAW (OP-CEDAW) is a treaty that was developed to complement CEDAW. OP-CEDAW strengthens the CEDAW Committee’s procedures for addressing violations of women’s rights by establishing two specific mechanisms: a complaints procedure and an inquiry procedure. CUSTODIAL VIOLENCE Custodial violence involves torture, death etc. in police custody or prison. Custodial violence primarily includes - violence in police custody and judicial custody. Violence in police custody- This type of violence occurs when police torture the accused to sustain interrogation and find the truth. There are hardly any safeguards to ensure the person in the custody will have timely access to his lawyer or record of his detention, or a proper medical examination. Violence in judicial custody-This type of violence can usually be seen in prisons or detention centres where the violence is acted out by the inmate gangs who have unrestricted power to commit ill acts. Innocent prisoners get caught in the clutches of these gangs and beaten up if they don't show allegiance to them. This kind of violence pushes the victim to commit suicide. Forms/Types of custodial violence Psychological Torture- It attacks the mental composure and stability of the person by use of methods like injecting false information, threats, humiliation, threatening to harm or kill the victim or his relatives or friends etc. Physical Torture-Through physical force (punching, slapping, electric shocks, starvation etc.) which may lead to fear of death Sexual Torture – Custodial Rape is perpetrated in state owned institutions like prisons or jails by person in charge of such institution. It also involves sexual harassment etc. Human Rights and Custodial Violence The highest form of fundamental rights is human dignity, respected even by our Constitution which is considered to be the most prestigious statute book of our nation. Article 21 of the Indian constitution guarantees an individual the right to life with dignity and personal liberty. Whenever an individual is taken into custody it becomes the legal property of the state, wearing the cloak of legal guardian. All the institutions working under the state are at  obligation to guard them. This notion has been blurred by the activity called custodial violence, the trait against human rights and dignity that brings out the perverse desire to commit such an act when there is almost no possibility of retaliation. Example - In the year 2020, P. Jeyaraj and his son J. Bennix (also spelled Fennix, Bennix were arrested and taken into custody by the local police of Tamil Nadu under the accusation of opening the shop beyond the limit of curfew hours. They were beaten brutally by the police officers and were succumbed to death in the local government hospital. This is the case of gross human rights violation and it sparked massive outrage in the state over police brutality. Causes of Custodial Violence Work stress of police authorities To obtain quick results - police use violence as a shortcut to get more information To extract money Lack of training/supervision Lack of laws in India Consequences of Custodial Violence Physical consequences: Pain, swelling in body which hinders carrying out day to day work. Psychological consequences: Depression, anxiety, nightmares, sleeping problem etc. Economic consequences: They have to bear the burden of expenses relating to inquiry process. Social consequences: Victim and his family are often treated as criminals by the society which may cause further depression. PRINCIPLES ON RIGHTS OF OLDER PEOPLE The United Nations Principles for Older Persons were adopted by the UN General Assembly in 1991. Governments were encouraged to incorporate the following principles into their national policies whenever possible. Independence - Older persons should have access to adequate food, water, shelter, clothing and health care through the provision of income, family and community support and self-help. Also, Older persons should have the opportunity to work or to have access to other income- generating opportunities. Participation - Older persons should remain integrated in society, participate actively in the formulation and implementation of policies that directly affect their well-being. Care - Older persons should have access to health care to help them to maintain or regain the optimum level of physical, mental and emotional well-being. Self-Fulfilment - Older persons should be able to pursue opportunities for the full development of their potential and have access to educational, cultural etc resources of the society. Dignity - Older person should be able to live in dignity and security. India – Example: National Policy on Older People, The Atal Pension Yojna etc. INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (CERD),1965 The CERD exclusively deals with the issues of racial discrimination and promotion of understanding among all races. It is an international treaty dedicated to tackling all forms of racial discrimination, outlining the rights of racial and/or ethnic groups or individuals that need to be guaranteed if everyone is to have equal enjoyment of their human rights and fundamental freedoms. Racial discrimination is any discrimination against any individual on the basis of their skin colour, race or ethnic origin with the purpose or effect of impairing the enjoyment on equal footing of human rights. United Nations finds the existence of racial barriers repugnant to the principles of human dignity and equality.  It condemned any doctrine of superiority based on race as scientifically false, morally wrong and capable of disturbing peace and security throughout the world. It has 25 Articles divided into three parts – Part 1 : Articles 1-7, Part 2 : Articles 8-16, Part 3 : Articles 17-25 Summary of CERD Articles – a)Prevention of discrimination and equality in areas such as education, employment, housing, health, participation in public life, and access to public services, b)Condemnation of apartheid accusing any policies or practices that aim to establish or maintain racial superiority or domination by one racial group over another c)Prohibition of incitement, d) Promotion of tolerance, e) Dispute resolution mechanism, f) Individual complaints mechanism - Individuals or groups who believe their rights under the Convention have been violated can submit complaints to the Committee, after exhausting all available domestic remedies g) Obligations beyond existing constitutions - the Convention places obligations on states parties to eliminate racial discrimination in all its forms and to promote understanding, tolerance, and friendship among different racial and ethnic groups, h) Prohibits racist hate speech, i) State reporting and monitoring: States parties to ICERD are required to submit periodic reports to the Committee on the Elimination of Racial Discrimination, a body of independent experts, j) Protecting rights of indigenous people, k) States Parties undertake to adopt measures in education, teaching, etc. to combat prejudices which lead to racial discrimination. The Committee on the Elimination of Racial Discrimination (CERD) is the independent expert body appointed to oversee states parties’ implementation of the ICERD. Meeting held – twice a year Reports to – General Assembly through Secretary General General Recommendations - In its General Recommendations, the Committee has addressed gender-based violence in relation to specific provisions in the ICERD and state responsibility to end it. The Convention has played a significant role in shaping national legislation, policies, and practices, as well as raising awareness about the importance of combating racism and ensuring equal rights for all individuals, regardless of their race or ethnicity. RIGHT TO ENVIRONMENT While there is not a universally agreed definition of the right to a healthy environment, the right is generally understood to include substantive and procedural elements. The substantive elements include clean air; a safe and stable climate; access to safe water and adequate sanitation; healthy and sustainably produced food; non-toxic environments in which to live, work, study and play; and healthy biodiversity and ecosystems. The procedural elements include access to information, the right to participate in decision-making, and access to justice and effective remedies. Realizing the right to a healthy environment also requires international cooperation and solidarity. RIGHTS OF CHILDREN India ratified the UN Convention on the Rights of the Child on 1992. The following are the Rights of the Child - The right to life, survival and development The right to have their views respected and to have their best interests considered at all times The right to a name and nationality, freedom of expression and access to information about them The right to live in a family environment or alternative care and to have contact with both parents if possible Health and welfare rights - including rights for children with disabilities - the right to health and health care and social security  The right to education, leisure, culture and arts Special protection for refugee children, children in the juvenile justice system, children deprived of their liberty The Right to Protection which involves freedom from all forms of exploitation, abuse and inhuman or degrading treatment Right to freedom of thought and expression which accords the child access to appropriate information The freedom of conscience and religion JUDICIAL RESPONSE TO VIOLATION OF HUMAN RIGHTS i) THE TRIPLE TALAQ CASE The Supreme Court of India passed a landmark judgment in the case of Shayara Bano vs Union of India and others (2017) in which it declared the practice of Triple Talaq as unconstitutional and void. Facts of the Case: Shayara Bano's marriage with Rizwan Ahmed was for 15 years. She was one of those women who were survivors of domestic violence and dowry harassment. In 2016, she had been unilaterally divorced through instantaneous triple talaq (also known as Talaq-e-biddat which is a religious rite in which a man can divorce his wife immediately by repeating the word ‘talaq’ three times. The wife’s approval is not required for the practice). A petition was then filed by her before the Supreme Court. The petition stated a declaration that "the practices of Instant Triple Talaq, polygamy (multiple wives) and Nikah Halala (a woman, through triple talaq was divorced, married another man, consummating the marriage, in order to remarry her former husband, she is getting divorced again) in Muslim personal law were illegal, unconstitutional, and in violation of several fundamental rights i.e., Articles 14 (equality before law), 15 (non-discrimination), 21 (right to life with dignity) and 25 (right to freedom of conscience and religion) of the Indian Constitution. The petitioner’s contention that these practices are unconstitutional was supported by the Union of India and women’s rights organizations such as Bebaak Collective and Bhartiya Muslim Mahila Andolan (BMMA). Issues: Is talaq-e-bidat (particularly, instantaneous triple talaq) an essential Islamic practice? Is Triple Talaq a violation of any fundamental right? Judgement: The court held that the practice of Triple Talaq is unlawful. The Court ruled that the practice violated fundamental rights guaranteed by Part III of the Constitution. The court ordered Parliament to pass legislation prohibiting the practice of triple talaq. The practice was clearly arbitrary and unconstitutional. Since Triple Talaq is prohibited in the Quran so it has no legal right. The Supreme Court declared that the Shariat Application Act of 1937 does not control Triple Talaq. Also, Triple Talaq or Talaq-e-biddat is not protected by the exception laid down under Article 25, i.e. the court determined that the practice is not an essential component of Islamic religion. Conclusion: It is a historical and landmark judgement delivered to uphold the fundamental rights of Muslim women. Following the Court's decision in 2017, the Parliament of India decided to make triple talaq a punishable offence and passed the Muslim Women (Protection of Rights on Marriage) Act, 2019 to curtail the practise and reduce the number of cases of triple talaq in the country. ii) NAZ FOUNDATION CASE Section 377 of the Indian Penal Code categorised consensual sexual intercourse between same-sex people as an “unnatural offence” which is “against the order of nature”. It prescribed a punishment of 10 years. Naz Foundation (India) Trust (Naz Foundation v. Govt. of Delhi) is a landmark Indian case decided by the Delhi High Court, which held that consensual homosexual sex between adults is not a crime and if considered crime constitutes violation of fundamental rights protected by India's Constitution under Articles 14,15,19 and 21 of Indian constitution (section 377 unconstitutional). The verdict resulted in the decriminalization of homosexual acts involving consenting adults throughout India in 2009. This was later overturned by the Court in Suresh Kumar Koushal vs. Naz Foundation, which reinstated Section 377 of the Indian Penal Code. However, the Petitioner, Navtej Singh Johar, who belonged to the LGBTQ community, filed a fresh writ petition before the Supreme Court in 2016 challenging its decision in Suresh Kumar Koushal and the constitutionality of Section 377. Issues: 1. Whether Section 377 amounted to violation of Article 14 and 15? 2. Whether Section 377 contravenes Article 19 and 21? Judgement: The Supreme Court unanimously held Section 377 to be unconstitutional and decriminalised Section 377. However, the Court clarified that consent must be free, voluntary and devoid of any coercion. The Court relied on the NALSA judgment, which granted equal protection of laws to transgender persons, to reiterate that sexual orientation and gender identity was an integral part of a person’s personality. The Court analysed the constitutionality of Section 377 on the bedrock of the principles enunciated in Articles 14, 15, 19 and 21. It found that Section 377 discriminates against individuals on the basis of their sexual orientation and/or gender identity, violating Articles 14 and 15 of the Constitution. Further, Section 377 violates the rights to life, dignity and autonomy of personal choice under Article 21. Finally, it inhibits an LGBTQ individual’s ability to fully realize their identity, by violating the right to freedom of expression under Article 19(1)(a). iii) HUSSAINARA KHATOON V Home Secretary, STATE OF BIHAR (AIR 1979) Facts of the Case - The current case was related to the rights of under-trial prisoners and their release. A writ (a legal order to do or not do something) petition of the habeas corpus (produce the body before court so that it can assess the legality of detention) was filed by an advocate on behalf of the undertrial prisoners of Bihar. The petition stated that a large number of people, including women and children, were detained in prison and had been awaiting trial for many years: more than their maximum term of imprisonment. These people were poor and could not afford to furnish bail. The petition was filed before the Supreme Court on behalf of a woman offender, Hussainara Khatoon who was detained and held in ‘protective custody’ for four years (even though the Indian government had issued direct orders to release prisoners who were detained under the Foreigners Act coming from Bangladesh, on bail.) Issues - If the right to speedy trial be regarded as a part of Article 21 Can the provision of free legal aid be enforced by the law Judgement - The Court stated that speedy trial is the essence of criminal justice and therefore delay in trial by itself constitutes denial of justice. As such, the court ordered to discharge all the under-trial prisoners whose names were there in the list submitted by Advocate Pushpa Kapila Hingorani. The Court also noted that long-term detention would be illegal and violated their fundamental rights under Article 21 as these prisoners are detained longer than what could have been awarded to them if they were tried and convicted. Another order by this Hon’ble Court was to grant the under-trial prisoners charged with bailable offences, free legal aid by the State, in the coming days of their trial before the Magistrates. This was intended so that even the poor under-trial prisoners could apply for bail and this could even ensure that the aim of speedy trial is achieved. iv) VISHAKA AND OTHERS V. STATE OF RAJASTHAN AND OTHERS 1997 - VISHAKA GUIDELINES | SEXUAL HARASSMENT OF WOMEN IN THE WORKPLACE Vishaka & Ors. v State of Rajasthan is a milestone judgement given by the honourable Supreme Court of India that deals with aspects of sexual harassment of women in the workplace. The supreme court formulated the very famous Vishaka guidelines and made it mandatory for both private and public sector to establish mechanisms to redress sexual harassment complaints. Facts of the case Bhanwari Devi, a lady from Bhateri, Rajasthan, started working under the Women’s Development Project (WDP), run by the Government of Rajasthan, in 1985. In 1992, Bhanwari took up an issue based on the government’s campaign against child marriage as part of her job. The villagers were ignorant of the of the matter and supported child marriages despite knowing that it was illegal. In the meantime, the family of Ram Karan Gurjar decided to conduct such a marriage of his infant daughter. Bhanwari attempted to convince the family not to perform the marriage. However, her endeavours went in vain. The family chose to proceed with the marriage. The marriage was performed and no police action was taken against it. This led to boycotting Bhanwari Devi and her family. To seek revenge, on 22nd September 1992, five men, i.e., four from the abovementioned Gurjar family- Ram Sukh Gujjar, Gyarsa Gujjar, Ram Karan Gujjar, and Badri Gujjar along with one Shravan Sharma, attacked Bhanwari Devi’s husband and brutally gang-raped her. The police had attempted to play all dirty tricks to prevent her from filing any complaint due to which there was a delay in the investigation as well as medical examination which was deferred for 52 hours only to find that no reference of rape was mentioned in the report. At the police station, she was continuously and grossly taunted by the women constable for the whole of midnight. She was also asked by the policeman to leave her lehnga as the evidence of that incident and go back to her village. She was just left with the bloodstained dhoti of her husband to wrap her body, because of which they needed to go through their entire night in that police station. In the absence of adequate proof and with the help of the local MLA Dhanraj Meena, all the accused managed to get an acquittal in the Trial Court. Women activists and organisations chose not to be silent and raised strong protests and voices against the acquittal. A PIL was filed by a women’s rights organisation known as ‘Vishaka’, which focused on the enforcement of the fundamental rights of women at the workplace under the provisions of Articles 14, 15, 19, and 21 of the Constitution of India and the need to protect their sexual harassment at the workplace. Issues - If formal guidelines were required to deal with incidents involving sexual harassment at the workplace? Whether sexual harassment at the workplace amounts to the violation of the fundamental rights of a woman? If the employer has any responsibility in cases of sexual harassment by its employee or to its employees at a workplace? Judgement - Through its analysis, the Court concluded that sexual harassment in the workplace is a violation of women’s human rights, specifically: Constitution of India - Article 14: Equality before the law, Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, Article 19 (1)(g): Right to practice one’s profession, or to carry on any occupation, trade or business, Article 21: Right to life and personal liberty. The Court analysed the case through the lens of gender equality, recognising sexual harassment in the workplace as a “social problem of considerable magnitude” and discriminatory form of violence against women (VAW). “Gender equality…” the Court noted, “…includes protection from sexual harassment and the right to work with dignity, which is a universally recognised basic human right.” The Court referred to India’s ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which has prohibited discrimination in the workplace and outlines specific state obligations to end it: “Vishaka Guidelines” In its judgment, the Court provided a set of guidelines for employers to immediately ensure the prevention of sexual harassment. These guidelines were to be considered as law until appropriate legislation was created: Duty of the Employer or other responsible persons in work places and other institutions - to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution. Definition. For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as: a) physical contact and advances, b) a demand or request for sexual favours, c) sexually coloured remarks, d) showing pornography, e) any other unwelcome physical verbal or non-verbal conduct of sexual nature Preventive Steps. All employers or persons in charge of a work place – including private employers – should expressly prohibit sexual harassment as defined above at the workplace Criminal Proceedings. Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law the employer shall initiate appropriate action by making a complaint with the appropriate authority. Disciplinary Action. Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. Complaint Mechanism. Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer’s organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. Awareness. Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in suitable manner. Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action. Conclusion - The constitutional principles of equality and liberty have been upheld by the Hon’ble Supreme Court of India in the Vishaka Judgement. The Supreme Court of India’s judgement only proposed guidelines to alleviate the problem of sexual harassment. India finally enacted a law on the prevention of sexual harassment against female employees at the workplace, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”), which came into effect on 23 April 2013. UNITED NATION DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLE Indigenous people are ethnic groups who are native to a particular place and have distinct cultures, languages, and ways of life that are different from the dominant societies. E.g- the Red Indians of America, the Kurds of Western Asia. Adivasis/Scheduled Tribes, The Naga inhabits - a territory known as Nagalim, which is situated between China, India and Myanmar. Below given are some of the provisions from United Nations Declaration on the Rights of Indigenous Peoples: - Article 1 - Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law. Article 2 - Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination. Article 3 - Indigenous peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 6 - Every indigenous individual has the right to a nationality. Article 7 - Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. ROLE OF CIVIL SOCIETY ORGANIZATIONS IN PROMOTING HUMAN RIGHTS Civil Society Organisations (CSO) are not for profit, voluntary entities formed by people in the social sphere that are separate from the State and market(business). The CSOs represent a wide range of interests and they can include community-based peoples’ organisations as well as Non-Governmental Organisations (NGOs). (Satyagraha, swadeshi, Narmada bachao andolon, Anti-corruption movement for Jan Lokpal led by Anna Hazare) Shed light on the struggles of vulnerable groups - Vulnerable groups such as women, children, and people with disabilities are strongly supported through CSO projects and activities. Make injustice public - Civil society assists in the realization of human rights violation by bringing injustice into the public sphere (they act as watchdogs for injustice). Intervene and interact directly with legal and political systems – CSO’s strategically put pressure on government policy and also monitors and provide constructive feedback to new and existing laws so that they become more consistent with the ongoing human rights discourse (debate, discussion). Build strong communication channels - CSOs are in close contact with their local communities, and have strong communication channels with community members and institutions which leads to better redressal of human rights concerns. Drive social innovation –Social innovation in civil society emerges as a direct response to localized injustices. Innovators are deeply aware and involved with those affected by this injustice and by working with them, they try out and invent approaches for their resolution. (Social innovation is a proactive human rights approach where dialogue, feedback and results are open and accountable to diverse perspectives.) Thus, Civil society is a key player in creating the conditions for the realization of human rights. INTERNATIONAL CRIMINAL COURT ICC is governed by an international treaty called 'The Rome Statute'(guiding legal instrument for ICC), the ICC is the world’s first permanent international criminal court. India is not a party to Rome Statute (State sovereignty, National interests, Difficulty in collection of evidences, Problem to find impartial prosecutors, Crime definition). ICC Headquarters at The Hague, the Netherlands. The ICC is intended to complement, not to replace, national criminal systems; it prosecutes cases only when States do not are unwilling or unable to do so genuinely. Jurisdiction - It investigates and tries individuals charged with the gravest crimes of concern to the international community: genocide(intentional attack to destroy a religion, race, nationality, ethnicity-group with common language, custom, tradition), war crimes(murder, making a slave, ill treatment of prisoners of war), crimes against humanity (specific crimes committed in the context of a large-scale attack targeting civilians, like murder, torture, sexual violence), and the crime of aggression(invasion, military occupation, annexation by the use of force, bombardment,). Four Organs of ICC – Presidency, Judicial Divisions, Office of the Prosecutor and Registry 6 official languages: English, French, Arabic, Chinese, Russian and Spanish. Limitation - ICC does not have its own police force or enforcement body; ICC cannot impose a death sentence; Differences: Unlike the International Court of Justice (ICJ), the ICC is not a UN organization but is has a cooperation agreement with the United Nations. The ICJ mainly hears disputes between nations. The ICC, on the other hand, prosecutes individuals– its authority extending to offences committed in a member state or by a national of such a state. INTERNATIONAL COURT OF JUSTICE (ICJ)  The International Court of Justice is the UN's primary judicial organ, often known as the World Court. It was established by the United Nations Charter in 1945 and it replaced the Permanent Court of International Justice. The International Court of Justice resolves legal disputes submitted to it by States in accordance with international law, as well as provides advisory opinions on legal questions referred to it by authorised United Nations organs and specialised agencies. It is composed of fifteen judges elected by the United Nations General Assembly and Security Council for a nine-year term. It is assisted by a Registry, its own international secretariat, which performs judicial, diplomatic, and administrative functions. It has two official languages: English and French. It has no jurisdiction to try individuals accused of war crimes or crimes against humanity. As it is not a criminal court. The ICJ is not an apex court to which national courts can turn to. The Court comprises of independent Judges. The ICJ cannot suo motu take up a case. It can only hear cases or disputes when requested to do so by States ROLE OF INTERNATIONAL AGENCIES AND NGO’S IN PROMOTING HUMAN RIGHTS NGOs are non-governmental organizations. NGO’s protect human rights in the following ways - They hold human rights abusers accountable. They respond quickly to emergencies with medical care, food, water, sanitation etc. They provide essential healthcare like focusing upon children’s health, women’s health etc. Role at International Level - Amnesty International was awarded a Nobel Peace Prize in 1977 and it is one of the most well know NGO’s which works to improve and protect the status of human rights. - E.g - COVID-19 relief work, ensuring LGBTQ equality etc. Human Rights Foundation – Its mission “is to ensure that freedom is both preserved and promoted” in America. The Fred Hollows Foundation – It operates in Australia and Africa and concentrates on treating and preventing blindness and other vision problems. It operates in Australia Role at National level – People’s Union for Democratic rights – advocates gender equality; rights of forest-dwellers and forest policy; working class rights, rapes etc Bandhua Mukti Morcha (BMM)- a non-governmental organisation in India working towards eradication of bonded labour. Milaan Foundation is an NGO that basically works towards empowering small girls across the country. For promotion and protection of human rights Non-Government Organisation have time and again filed public Interest Litigation on behalf of victims e.g – Vishaka vs st. of Rajasthan. The NGOs also take up cases of violation to the NHRC and state human rights commissions International Agencies - The International Labour Organization (ILO) deals with the whole range of labour issues. It works towards the elimination of discrimination in respect of employment and occupation, effective abolition of child labour; elimination of all forms of forced or compulsory labour etc.  The United Nations International Children's Fund (UNICEF- also known as United Nations International Children's Emergency Fund) is specifically mandated to protect and promote children’s rights. The United Nations Educational, Scientific and Cultural Organization’s (UNESCO) activities on human rights focuses on encouraging human rights research; promoting education in human rights; fighting against all forms of discrimination etc. The Commission on the Status of Women (CSW), is dedicated to gender equality and the advancement of women worldwide. The United Nations Development Programme (UNDP) describes human rights as a major aspect of its work and an important part of human development, thus, forming a central component of equitable development. India – NHRC - NHRC addresses allegations about the abuse of human rights and works to spread human rights literacy across different parts of society. CHALLENGES IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS (Note - Based on the marks provided in the question you may add an explanation of a line or two to each point) Relief for the Victims of Gross Violations of Human Rights: The Challenge of Protection The Challenge of Prevention of gross violations of human rights The Challenge of Poverty - Today, millions of people suffer from deprivation, indignity and wastage because of poverty Lack of Education: The challenges of Promoting and Protecting the Rights of Children The Challenges of Justice and Empowerment for Women The Challenge of the National Protection System in Each Country The Challenges of New Threats: Terrorism The Challenges of People on the Move, globally - whether as refugees, displaced persons The Challenges of Inequality The Challenges of Groups at Risk, in Distress - problems of minorities and indigenous persons etc. UN HIGH COMMISSIONER FOR HUMAN RIGHTS The Office of the High Commissioner for Human Rights – OHCHR is with the mandate to protect and promote all human rights for everyone all over the world. It plays a vital role in conserving the integrity of the 3 interconnected pillars of the United Nations: i) Human rights, ii) Peace and security, iii) Development It offers technical expertise and capacity-development to aid the implementation of global human rights standards on the field. It actively helps governments in making the enjoyment of human rights a reality for everyone. The Office also speaks out on issues of human rights violations. It is a part of the UN Secretariat. It is headquartered in Geneva and has many regional offices as well. The OHCHR is headed by the High Commissioner for Human Rights. The chief functions of the Office include: Preventing human rights violations. Promoting respect for human rights. Encouraging international cooperation to safeguard human rights. Coordinating, strengthening and streamlining activities related to human rights within the United Nations  CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES 2006 The UN Convention on the Rights of Persons with Disabilities is an international human rights treaty dealing with the rights of disabled people. The UNCRPD is aimed at: Ending discrimination against persons with disabilities. Enabling persons with disabilities to live independently. Making the education system more inclusive. Making sure persons with disabilities are protected against all forms of abuse, violence and exploitation. The convention reaffirms that all persons have equal rights and fundamental freedoms. The convention covers a vast range of aspects including health, education, access to justice, employment, personal security, access to information, and independent living. The Committee on the Rights of Persons with Disabilities is the expert body that monitors the implementation of the convention by parties. All parties to the convention are obliged to send reports to this committee stating how they are implementing the convention and the progress made so far. RIGHTS OF REFUGEES People who are forced to flee their homes due to persecution (grounds - race, religion, nationality, membership of a particular social group or political opinion), whether on an individual basis or collectively due to political, religious, military or other problems, are known as refugees. The RIGHTS OF REFUGEES are as follows - i)Free exercise of religion, ii) Free access to the courts, including legal assistance, iii)Access to elementary education, iv)Access to public relief and assistance, v)Protection provided by social security, vi)Protection of intellectual property, such as inventions , vii) Protection of literary, viii)Equal treatment by taxing authorities, ix)The right to own property, x)The right to practice a profession. Xi)The right to self-employment, xii) The right to move freely within the country. ISSUES FACED – i) HEALTH - Higher numbers of refugees suffer from depression due to traumatic experiences of war and systematic persecution. Barriers are even greater for people with disabilities, women, ii) EMPLOYMENT - the refugees face a lot of problems when it comes to their adequate access to employment in government education and health care services, iii) EDUCATION - absence of authentic documents relating to their current residents, act as obstacles when it comes to the enrolment of the children of refugees in schools etc., iv) HOUSING - They face a serious issue due to lack of permanent shelter, v) LANGUAGE – Not knowing language of the country hinders daily communication, getting a job, filling documentation etc. vi) Challenges OF WOMEN - Refugee women in particular lack access to maternal healthcare vii) OTHER CHALLENGES - Refugees frequently are at risk of various acts of violence which may include killings, torture, rape, genocide etc. They are also vulnerable to direct and indiscriminate attacks during hostilities, acts of terrorism, and the use of dangerous weapons and land mines. They may also face denial of civil and political rights such as arbitrary detention.