Human Rights –An Introduction

INTRODUCTION TO HUMAN RIGHTS Human rights: those rights Which every human being possesses by virtue of being a human being.  They exist at all time and in all places  Protection of human rights act 1993: “ Human rights means rights relating to LIFE, LIBERTY, EQUALITY & DIGNITY of the individual guaranteed by the constitution of embodied into the international Covenants and enforceable by court in India ” “ Foundation of freedom, justice & peace in the World ”

Background of Human Rights Originally people had rights only due to membership in a group e.g tribe. 539 B.C :- Cyrus the great, king of Persia. Gave first Human Rights Declaration – a clay cylinder 1215 A.D. – The Magna Carta. King john, king of England “ to no man will we sell or deny or delay right or justice; giving people new rights and making the king subject to the law The petition of rights.Habeas Corpus Act 1679 and then Bill of Rights in 1689.

1776. The American declaration of independence :- All men are created equal, that they are endowed with certain inalienable rights 1789 French Declaration of the Rights of mean and citizens :- All citizens are equal under the law USA Bill of Rights

Universal Declaration of Human Rights of 10 th December 1948 :- Thirty Articles which are moral rules covering civil, political, economic, social and cultural rights.

THREE GENERATIONS Civil & political Rights * Ensures curtailment of individual Liberty * Called “ Negative Rights “ as no resources needed as direct infusion. State need not to interfere. * Articles 2 to 21. Economic, Social and Cultural Rights * Ensures Social Justice, Freedom from want & participation in Social, Economic and Cultural aspects of life. * Called Positive Rights as state needs to infuse resources & take legislative, judicial and other means to realize. * Article 22 to 27

Collective or Group Rights * Article 28. * Everyone entitled to Social & internal order that allows the rights & Freedom of UDHR to be fully realized. * Right to Peace, Right to Environment.

Summary of the Articles of the UDHR 1. Right to equality16. Right to marriage and family 2. Freedom from discrimination17. Right to own property 3. Right to life, liberty, personal security18. Freedom of belief and religion 4. Freedom from slavery19. Freedom of opinion and information 5. Freedom from torture and degrading treatment20 Right of peaceful assembly and association 6. Right to recognition as a person before the law21. Right to participate in government and free elections 7. Right to equality before the law22. Right to social security 8. Right to remedy by competent tribunal23. Right to desirable work and to join trade unions 9. Freedom from arbitrary arrest, exile24. Right to social security 10. Right to a fair public hearing25. Right to adequate living standards 11. Right to be considered innocent until proven26. Right to education 12. Freedom from interference with privacy, family, home, and correspondence 27. Right to participate in cultural life and community 13. Right to free movement in and out of any country28. Right to social order assuring human rights 14. Right to asylum in other countries from persecution 29. Community duties essential to free and full development 15. Right to a nationality and freedom to change it30. Freedom from state and personal interference in the above rights.

Redressal Mechanism for Human Rights Violations Judiciary Government system of redressal NHRC, SHRCs, other Statutory bodies Media Advocacy Role of NGO ’ s Role of Civil Society

HUMAN RIGHTS UNIVERSAL – Apply to all human being INALIENABLE – No one can give up or take away INHERENT – Birth Rights and not granted by government. INTERDEPENDANT – difficult to realize any human right in ISOLATION INDIVISIBLE – NO human rights is inferior to any other. Obligation of state FULFILL Take steps to realize Progressively. FULFILL Take steps to realize Progressively. PROTECT Take steps that third Parties do not Interfere PROTECT Take steps that third Parties do not Interfere RESPECT No interference of state RESPECT No interference of state

UDHR and FR Universal Declaration of Human Rights Right to equality and freedom from discrimination. Right to life, liberty and personal security. Freedom from slavery. Freedom from arbitrary arrest and detention Fundamental Rights Article 14 Equality before the law and equal protection of law. Article 15 Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth Article 21, Protection of life and personal liberty. Article 23, Prohibition of traffic in human beings, beggar and similar forms of forced labour. Article 22 Right to be informed about the grounds of arrest; to consult and be defended by a lawyer: and to be produced before a magistrate within 24 hours of arrest.

UDHR and FR Universal Declaration of Human Rights Right to freedom of thought, conscience and religion. Right to a fair public hearing: to have all guarantees for defence: not to be held guilty for an offence that was not an offence at the time it was committed or to be subject to punishment heavier than what was applicable at the time the offence was committed. Fundamental Rights Article 25 Freedom of conscience and the right to freely profess and propagate religion. Article 20 protection from being forced to be a witness against oneself and protection from being convicted for an offence that was not an offence at the time it was committed or being given a punishment higher than what has prescribed by law at the time the offence was committed.

UDHR and FR Universal Declaration of Human Rights Right to freedom of movement and residence within the borders of the country. Right to freedom of opinion and information. Right to freedom of peaceful assembly and association. Right to education Right to remedy by a competent tribunal for acts violating fundamental rights. Fundamental Rights Article 19(e):(f), Freedom to move freely throughout the territory of India; and to reside and settle in any part of India. Article 19(a) Freedom of speech and expression. Article in19 (b);(c) Freedom to assemble peacefully and without arms: and to from associations or unions. Article 21- A Right to Education for Children between the age of 6-14 Article 32 Right to go to the Supreme Court for protection and enforcement of fundamental rights.

UDHR and DPSP Universal Declaration of Human Rights Right to Social Security. Right to work in just and favorable conditions: and to get without discrimination equal pay for equal work. Directive Principles of State Policy Article 41 imposes a responsibility on the State to make effective provisions to secure the right to work., education and public assistance in all cases of unemployment, old age, sickness and in other cases of undeserved want. Article 42 imposes a responsibility on the State to make provisions to secure just and humane conditions at work. Article 39 (a): (d) impose a responsibility on the State to direct its policy towards ensuring men. Women and children have an adequate means of livelihood; and to ensure that men and women get equal pay for equal work.

UDHR and DPSP Universal Declaration of Human Rights Right to rest leisure, reasonable working hours and holidays; to take part in cultural life and enjoy the benefits of scientific progress Right to a standard of living adequate for health and well being of the individual and family. Right to a social and international order in which the rights given in the Universal Declaration can be realized. Directive Principles of State Policy Article 43 impose a responsibility on the State to secure to all workers whether agricultural, industrial or others a decent standard of life and full enjoyment of leisure, social and cultural opportunities. Article 47 impose a rsponsibility on the State to raise the level of nutrition and the standard of living and to improve public health. Article 45 imposes a responsibility on the State to provide early childhood care and education for all children until they complete the age of six. Article 51 imposes a responsibility on the State to promote international peace and security; maintain just and honorable relations between nations; and encourage mutual settlement of international disputes.

Underlying Principles of Human Rights Equality Non Discrimination Universality Human Dignity Indivisibility Interdependence Inalienability Responsibility - Government - Individuals - Other organs of Society

Entitlements: Enforceable claims on the delivery of good services or protection by specific orders. (Sen, Amartya, 1981) Rights: A Justifiable claim, on legal or moral grounds, to have or obtain something or act in a certain way (Murray, 1994, Book 4) i.e. rights are entitlements that are backed by legal or moral principles.

Rights can be analyzed in 3 dimensions (1)Look at groups whose rights are vulnerable to denial. Secure their rights. (2) Look at Content of Rights that are to be secured Right to Food, Work, Education, Health, Shelter (3) Look at Good Governance Rights to be enforced by Duty Bearers. Rights Based.

UDHR – = 30 Human Rights. Can be divided into 6 different families. (1) Security Rights (2) Due Process Rights (3) Liberty Rights (5) Equality Rights (4) Political Rights (7) Group Rights (6) Social Rights

SUPREME COURT DIRECTIONS ON ARREST: D. K. Basu vs. State of West Bengal (1997)AIR 1997 SC specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. 1. Wear identification and name tags, details of interrogating police officers should be recorded in a register.

2. A memo of arrest must be prepared at the time of arrest. Attested by at least one witness. 3. The person arrested, detained or being interrogated has a right to have a relative, friend or well-wisher informed as soon as practicable, of the arrest and the place of detention or custody. 4. Where the friend or relative of the person arrested lives outside the district, the time and place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.

5. The person arrested should be told of the right to have someone informed of the arrest, as soon as the arrest or detention is made. 6. An entry must be made in the diary at the place of detention about the arrest. 7. The person being arrested can request a physical examination at the time of arrest. 8. The person arrested must have a medical examination by a qualified doctor

every 48 hours during detention. 9. Copies of all documents including the arrest memo have to be sent to the Area Magistrate for his record. 10.The person arrested has a right to meet a lawyer during the interrogation although not for the whole time. 11.There should be a police control room in every District and State headquarters where information regarding the arrest and the place of custody of the person arrested must be sent by the arresting officer.

The control room should prominently display the information on a notice board. These requirements are in addition to other rights and rules, such as: * The right to be informed at the time of arrest of the offence for which the person is being arrested. * The right to be presented before a magistrate within 24 hours of the arrest. * The right not to be ill-treated or tortured during arrest or in custody. * Confessions made in police custody cannot be used as evidence against the accused. * A boy under 15 years of age and women cannot be called to the police station only for questioning.