Documente Academic
Documente Profesional
Documente Cultură
UNIVERSITY OF LUCKNOW
Submitted for the partial fulfillment of the award of the degree of Master of Laws Under the able guidance of Dr. R.R. Lyall, my subject teacher..
CONTENTS
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INTRODUCTION
Broadly speaking human rights may be regarded as those fundamental and inalienable rights which are essential for life as human being. But a narrow definition of Human Rights has been given under the Protection of Human Rights Act, 1993. Section 2(d) of the Act defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by the Courts in India. Human rights are the rights which are possessed by every human being, irrespective of his or her nationality, race, religion, sex, etc. simply because he or she is a human being. Human rights and fundamental freedoms allow us to fully develop and use our human qualities, our intelligence, our talents, and our conscience and to satisfy our physical, spiritual and other needs. They are based on mankinds increasing demand for a life in which the inherent dignity and worth of each human being will receive respect and protection. Human rights are sometimes called fundamental rights or basic rights or natural rights. As fundamental or basic rights they are the rights which cannot, rather must not, be taken away by any legislature or any act of the government and which are often set out in a Constitution. As natural rights they are seen as belonging to men and women by their very nature. They may also be described as common rights for they are rights which all men and women in the world would share, just as the common law in England, for example, was the body of rules and customs which, unlike local customs, governed the whole country.1 Since human rights are not created by any legislation, they resemble very much the natural rights. Any civilized country or body like United Nations must recognize them. The legal duty to protect human rights includes legal duty to respect them. International concern with human rights as enshrined in the United Nations Charter is not a modern innovation. It is in fact, heir to all the great historic movements for mans freedom to enduring elements in the tradition of natural law and natural rights and in the most of the worlds great religion and philosophies, and the findings of contemporary science about inter relationship of simple respect for human dignity and other individual and community values. 2Members of the U.N. have committed themselves to promote respect for observance of human rights and fundamental freedoms. 3
HUMAN RIGHTS BEFORE THE UNITED NATIONS: The term human rights was mentioned in
the United States Declaration of Independence in 1776. A bill of rights was embodied in the Constitution of the United States of America. Later a Declaration of Human Rights and Duties was prepared by the institute of International Law, New York (USA) in 1929. In the Inter American Conference a resolution was passed seeking establishment of International Forum for the furtherance of Human Rights of mankind. Before the adoption of the Charter of United Nations, the international community could not determine the extent to which the citizens of an individual State were to enjoy, the civil rights according to its own constitutional precepts. Indeed under the traditional international law States were absolutely free to do what they liked with their nationals. International law as such had nothing to do in the matter because the concept of sovereignty was such that an individual could not be the subject of international law. Even before the First World War, some writers expressed the view that there were certain fundamental rights known as rights of mankind which international law guaranteed to individuals, both at home and abroad and whether nationals of a State or stateless. It was pointed out that such rights comprised of the rights of life, liberty, freedom of religion and conscience, and the like. An example of rights of a mankind or rights of individual is freedom from slavery. This right has been recognized under customary international law since 1815. Subsequently this right was re-affirmed by the international convention such as 1926 Slavery Convention, and the 1956 supplementary convention on the Abolition of Slavery, the Slave Trade and Institution and Practices similar to slavery. Another example is that of the International Convention for the Suppression of Traffic in Women and Children which prohibited trafficking in women and children. But with the exception of such isolated examples, there was no attempt to regulate the human rights at an international level until the establishment of the United Nations.
1. 2. 3. J.E.S. Fawcett, The Law of Nations(Alien Lane, The Penguin Press, London, 1968)p.15 M. S. Mc Dougal and Bebr, Human Rights in the United Nations,A.J.I.L. Vol 56 (1964),p 604 Lauterpacht, International Law and Human Rights, op cit, at p. 152
UNITED NATIONS AND HUMAN RIGHTS Provisions of the Charter concerning Human Rights: With the exception of the pursuit of peace, there
is no cause why the United Nations is more closely identified with than the cause of human rights. Concern with human rights is woven into the U. N. Charter like a golden thread. Human rights would occupy a significant chapter in any story of the U.N. Their place in the original conception of the U.N. is underlined and highlighted in the Charter and there as many as seven references: a) b) c) d) In the preamble; Among purposes of the U. N. ( Article 1.3); Among the responsibilities of the General Assembly [Article(c)]; Among the objectives of the International Economic and Social Cooperation [Article 13(2)] set out in Chapters IX and X; e) Among the functions of Economic and Social Council [Article62(2)]; f) As a responsibility of Economic and Social Council regarding setting up of a Commission for the promotion of human rights ( Article 68); g) Among the objective of the Trusteeship System [Article 76 (c)]
Universal Declaration of Human Rights: The Universal Declaration of Human Rights was adopted by the
General Assembly on December 10, 1948. When the Universal Declaration of Human Rights was adopted, it was a most eloquent expression of hope by a world emerging from the most devastating war in the history of human race. The declaration has been hailed as an historic event of profound significance and as one the greatest a chievements of the United Nations.4The Universal Declaration consists of a Preamble and 30 Articles covering both civil and political rights and economic, social and cultural rights. The Preamble refers to the faith in fundamental human rights in the dignity and worth of human person and the equal rights of men and women. Through the Preamble, the General Assembly proclaimed the Universal Declaration of Human Rights as a common standard of achievement for all people and all nations, to end that every individual and every organ of society, keeping this declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the people of Member States themselves and among the people of territories under their jurisdiction. The rights proclaimed in the Universal Declaration of Human Rights, may be classified into the following four categories: i. ii. iii. iv. General ( Article 1 and 2 ), Civil and Political ( Articles 3 to 21 ), Economic, Social and Cultural Rights ( Articles 22 to 27 ), and Concluding ( Articles 28 to 30 )
The provisions of the Universal declaration of Human Rights have influenced various national Constitutions enacted after its adoption. The Indian Constitution bears its impact and this has been recognized by the Supreme Court in India. While referring to the Fundamental Rights contained an Part III of the Constitution in the case of Keshavanand Bharti v. State of Kerala, 5 Sikri, C.J. of the Supreme Court observed: I am unable to hold that these provisions show that some rights are not natural or inalienable rights. As a matter of fact, India was a party to the Universal Declaration of Human Rights..and that Declaration describes some fundamental rights as inalienable.
4. 5. Sir H. Lauterpacht, International law and Human Rights, p.394 AIR 1973 SC 1461.
10. http://www2.ohchr.org/english/issues/education/training/decade.htm (last visited on- 25-04-2013) 11. See remarks by Dinstein, id. At 888
Most importantly, knowledge of human rights is essential as a tool for the observance and the promotion of human right and for the creation of a climate of public opinion in which gross violations of human rights are unacceptable. In the past, massive violations of human rights brought about an atmosphere which was conducive to war. While education alone cannot prevent the occurrence of gross violations of human rights, it can create moral and mental inhibitions and a sense of shame on the part of diplomats, leaders, and the military and can thus contribute to the prevention of war. The importance of the creation of a sense of shame on the part of violations or potential violators or potential violators of human rights, long recognized and employed with effective leverage by the International Labor Organization, should be recognized as potentially a major factor which could contribute to the observance of human rights in areas outside the concern of ILO.12 A history lesson on the women's suffrage movement, the civil rights movement, or the Holocaust can be a human rights lesson if the teacher encourages students to see universal principles of dignity and equality at stake in these events. An advocacy group's efforts to address hunger in the community through outreach and legislation can become human rights lessons. A shelter's provision of protection to the homeless or victims of domestic violence can also educate both those who offer services and those who need them. Any day care facility, classroom, or nonprofit organization that promotes respect, fairness, and dignity is instilling human rights values, even if they are not identified as such. Efforts to define human rights education in the 1950s and 60s emphasized cognitive learning for young people in a formal school setting. By the 1970s, most educators had extended the concept to include critical thinking skills and concern or empathy for those who have experienced violation of their rights. However, the focus remained on school-based education for youth with little or no attention to personal responsibility or action to promote and defend rights or effect social change.
Human rights Education in India: It may be said that in India that the content of human rights education is
not different to what was taught by way of religion, be it Hinduism, Buddhism, Christianity or Islam. There is lot of truth in that statement. The quintessence of human rights is also the basic essence of all religions, Love, compassion, loving kindness are the same? However, while teaching religions we confined the obligations arising from these doctrines only to their followers. Human rights could bring in a universal aspect to moral and ethical education. And we in our divided societies are in great need of this On the other hand in the context of rapid secularization we could still retain a basic common ground for respect for each other. We could still be our brothers keepers and withstand value systems which onl y promote selfish ways of life. Indian textbooks barely mention human rights. Indirect references to human rights are included in the Directive Principles of the Constitution of India and in civics and history textbooks. Most universities in India do not offer human rights education, although some have three-month to one-year postgraduate courses on human rights. Section 12(h) of the Protection of Human Rights Act, 1993, requires the Commission to spread hu man rights literacy among various sections of society and promote awareness .The National Human Rights Commission of India and many NGOs have launched a countrywide public information campaign for human rights. It aims to make everyone more conscious of human rights and fundamental freedoms and better equipped to stand up for them. At the same time, the campaign spreads knowledge of the means which exist at the international and national levels to promote and protect human rights and fundamental freedoms. Any education to be effective needs to be contextualized too. Thus it is not enough to teach abstract principles of human rights taken from United Nations documents or our Constitutions. Our historical context as nation as well as local contexts needs to be reflected in human rights education. The contextualizing of human rights is essential for nurturing of peace. Creative reflections on local situations from a human rights perspective would help the schools greatly, to become the societies most important peace makers. In an interdependent global economy, our own prosperity and security can best be guaranteed by tolerant, stable, democratic societies in the regions where we travel and trade. Human rights violations in one country are the concern of other states. That means that the UK, together with other like-minded states, has a duty to respond to massive violations of human rights and international humanitarian law. By making the world better for others, we make it better for ourselves.
16. http://www.nigerianlawguru.com/articles/human%20rights%20law/THE%20ROLE%20OF%20LAWYERS%20IN%20THE
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Human rights are in themselves ends as well as means. They are ends in terms of standards to be attained and are means as they enable and empower the people to use the rights to enjoy the rights. It is both an area of academic enquiry and also a part of everyday life experience of humans as members of a society. Education for Human Rights is applicable at all levels of education. From the childs early years, education of human rights is both practical and necessary. Pre-school and early primary education can highlight a sense of common humanity among children. The older primary school children are aware of social and political issues and they have a right to learn about values which have been universally proclaimed. But at the secondary school level students are mature enough to appreciate more fully the significance of struggle for civic and political rights and for economic, social and cultural rights. But whether Human Rights Education is conducted in the school, or through out of school programs, it must be based on two aspects: the rights of oneself, developing a sense of ones intrinsic worth and dignity as a human being; and the rights of others recognizing that others have the same intrinsic worth as oneself a sense of others as fellow human beings. It becomes very important for the secondary school teachers to understand that it may be the right time now that young peoples intelligence and problem solving abilities, as well as sensitivity, character and taste for action are developed. This will help children to deal with problems in the rapidly changing society. It is important for the teacher to be able to understand the receptiveness and capabilities of individual students at a given age and situation. The secondary stage is more advanced than the elementary stage. Knowledge should now be presented more systematically and the students should be encouraged to develop the capacity for action. Affective development should continue to be encouraged, but greater emphasis should now be placed on the exercise of critical and reflective faculties. Individual and social behavior should be developed in a more analytical and critical way. Students should reflect upon the values underlying behavior. The teacher should encourage the students to explore major contemporary world problems. They should begin by analyzing complete situations and then making a transition to general and abstract considerations and finally moving towards organized action. The secondary school teachers should enable students to work in a democratic manner. They should get themselves enrolled with local, national and international committees so as to promote respect for human rights, the establishment of justice and the safeguarding of peace. The organization, spirit and atmosphere of the school are essential components of education on human rights at the secondary level. The principles of human rights should ideally be reflected in all the daily operations of school life and in the relations between teachers and pupils as well as between members of the two groups. If students have some voice in the affairs of the school and in the planning of their programs, they gain valuable experience, not only in exercising their rights but also in handling responsibilities. The secondary school offers a much wider and varied range of opportunities for teaching about human rights and a broad field of action in which to foster the practice and observance of rights and duties. The greater intellectual maturity of the students, the more advanced treatment of curriculum subjects and the increased possibilities for using such resources as libraries, museums, press, cinema and television are all advantages to be exploited. Secondary school teachers have a greater responsibility on themselves. They will probably have in their care a countrys future leaders and administrators; boys and girls who may later be among those who influence progress in industry, science or the arts. When the teachers in the school join hands to teach human rights the program becomes successful because the teaching of human rights deals with good conduct, and this is the concern of every teacher, whatever his/her subject.
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CONCLUSION
Creation of a strong and pro-active human rights community has been long overdue in India. Human rights can be most effectively imbibed through a well thought out program of education. In fact, education becomes purposive and relevant only when ingrained with human rights education. The task of human rights education can be focused at two distinct levels, namely (a) at the level of the imparters of primary, secondary and higher secondary education and (b) at the level of receivers of education. Notwithstanding the special importance of those who receive education, the present curriculum development exercise has focused on the imparters of the education front. The exercise of developing a human rights curriculum for primary, secondary and higher secondary is being undertaken by the NCERT separately, and it is hoped that very soon their efforts woul d begin impacting our countrys education system at lower levels.18 There has to be a clear roadmap on how to make education perform this important role of transformation in the attitudes and psyche of the persons engaged in teaching and education, else attaining these objectives will remain elusive. The planning to orient teachers of upper primary to secondary stages on human rights and evolving with them modalities of human rights teaching is based on certain basic premises that require total understanding of conditions of violation and sustenance of human rights. With this aspiration in mind, the National Human Rights Commission has facilitated a process of developing syllabus and curriculum guidelines of human rights education for the teachers of schools up to secondary level. The primary aim is to help organizing teachers training across the country through a focused module that would enable grooming teachers at B.Ed courses to be informed about the key human rights concepts with reference to realities in India and abroad. As a cascading effect of this exercise, the child citizens of India will develop human rights mindset in school environment. On the one hand, this will help them perceive the violations of human rights in society at large as their own, and, on the other, will share their deprivations with those to whom human rights mean the most. Negotiating claims should not comprise the concerns of responsibility as a duty-bound citizen. Human rights as a subject can and should be taught so that it is integrated into appropriate disciplines, such as philosophy, political science and law.19
philosophy, education, sociology, political science, law, international relations, international development, regional studies, international organization, and other subjects. See Buergenthal, supra note 13, at 26. In law, human rights are particularly appropriate for inclusion in courses in international law, United Nations law, European law, inter American law, constitutional law, comparative constitutional law and civil rights law.
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BIBLIOGRAPHY
1. Meron, Theodor, ed. Human Rights in International Law, 2 vols. New York: Oxford University Press, 1984. UN Centre for Human Rights, Civil and Political Rights: The Human Rights Committee(Geneva: World Campaign for Human Rights, 1997) Kapoor, S.K., Human rights under International Law and Indian Law, 4th Edition, Central Law Agency. Lauterpacht, International Law and Human Rights, op cit M. S. Mc Dougal and Bebr, Human Rights in the United Nations,A.J.I.L. Vol 56 (1964) Final Document of the International Congress on the Teaching of Human Rights, contained in The Teaching of Human Rights, Proceedings of International congress on the Teaching of Human Rights 40 (UNESCO 1980) http://www2.ohchr.org/english/issues/education/training/decade.htm (last visited on- 25-04-2013) http://www1.umn.edu/humanrts/edumat/hreduseries/hrhandbook/part1B.html (last visited on-25-04-2013) http://www.nationaljurist.com/content/continued-need-human-rights-lawyers (last visited on-25-042013)
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10. http://indialawyers.wordpress.com/2012/02/26/sensitivity-must-to-defend-human-rights/ (last visited on-25-04-2013) 11. http://www.nigerianlawguru.com/articles/human%20rights%20law/THE%20ROLE%20OF%20LAWYERS%2 0IN%20THE%20OBSERVANCE%20OF%20HUMAN%20RIGHTS.pdf (last visited on-25-04-2013) 12. http://www.ugc.ac.in/oldpdf/xiplanpdf/humanrights.pdf (last visited on-25-04-2013) 13. http://www.bhrc.bih.nic.in/Docs/Human-Rights-for-Teaching-Professionals.pdf (last visited on-25-042013)
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