KSLUENVLAWNotes

FIRST GENERATION OF HUMAN RIGHTS
Civil and Political Rights are related to the first generation rights. They rose from
European and American philosophy and the political-legal practice of the 18 th
Century.
The first generation is the oldest generation of universal human rights. The right to
personal immunity, right to private life protection, the freedom of speech and
freedom of religion etc were listed in the group of personal rights. The political
ones are: the right to suffrage and to be related, the right to state administration etc.
These are the rights that had developed in course of a very long period of time
since the time of greek city states.
The different kinds of Human rights are as follows,
NATURAL RIGHTS AND CIVIL RIGHTS

Human rights traditionally have been put in two categories, natural rights and
civil rights.
Natural rights are those that belong to individuals by virtue of their

humanity; the right to remain alive, to sustain life with food and shelter and follow
the dictates of their conscience.
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Civil rights are the rights which an individual possesses which are protected by
government, and which may not be impaired by the government ex. Freedom of
speech, freedom of press, freedom of religion and freedom of assembly.
POSITIVE AND NEGATIVE RIGHTS
Human rights may be classified as positive rights and negative rights.
Negative rights: Civil and political rights are often regarded as negative
rights which do not require the infusion or resource for their realization. For
instance, when it comes to rights like the right to life, the right to be free from
torture and other civil and political rights, it is stated that all that the state has to do
is not to interfere with them.
POSITIVE RIGHTS: Economic, social, and cultural rights like right to

education, health and work are regarded as positive rights which require the state
to take legislative, executive, judicial and other measures to ensure their
realization.
Q.NO.3. EXPLAIN THE NATURE OF HUMAN RIGHTS
Nature of Human Rights
Human rights are often expressed and guaranteed by law, in the form of
international treaties, customary international law, general principles accepted by
international law. International human rights law lays down obligations of
governments to act in certain acts, and protect human rights and fundamental
freedoms of individuals and groups.
The nature of human rights is,
1. UNIVERSAL AND INALIENABLE

Universal means the internally – recognized human rights are the basic core
minimum to be observed everywhere-without regional differences. These human
rights belong to everyone everywhere, by virtue of being human.
INALIENABLE:-
Human rights are inalienable. They should not be taken away, except in
specific situations and according to due process as these rights are inherent in the
very nature of human being. These are things which are owed to a man because of
the very fact that he is a man.
2. INDIVISIBLE AND INTERDEPENDENT:
INDIVISIBLE: the principle of indivisibility of human rights recognizes

that no human rights is inherently inferior to any other. Economic, social and
cultural rights must be respected, protected and realized on an equal footing which
civil and political rights. Human rights form an indivisible whole and only if these
rights are guaranteed than an individual can live decently and in dignity.
INTERDEPENDENT:- The principle of interdependence of human rights

recognizes the difficulty of realizing any one human right in isolation. For
instance it is furtile to talk of the right to work, without a certain minimal
realization of the right to education.
All human rights are universal, indivisible and interdependent and

interrelated.
1. EQUAL AND NON-DISCRIMINATORY
All human beings are said to be essentially equal. The only condition to claim
human rights is to be human being. Apparently, this appears to be a very
reasonable proposition because it lays down objective equalitarian principle.
Non-Discrimination is a cross-cutting principle in international human rights

law. The principle is present in all the major human rights treaties and provides

the central theme of some of international human rights conventions. The principle
applies to everyone in relation to all human rights and freedoms and it prohibits
discrimination on the basis of a list of non-exhaustive categories such as sex, race,
colour and so on.
2. BOTH RIGHTS AND OBLIGATIONS.
Human rights entail both rights and obligations. States assume obligations and
duties under international law to respect, to protect and to fulfill the obligation to
respect means that states must refrain from interfering with or curtailing the
enjoyment of human rights.
The human rights are neither created nor can be abrogated by the government at
the individual level, while we are entitled our human rights we should also respect
the human rights of others.
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Q. NO. 4. STATE THE HUMAN RIGHTS THAT ARE PROVIDED UNDER

THE U.N.CHARTER.
Introduction:-
It was not until after the catastrophic events of the Second World War that
International Human rights law began to develop in a coherent and recognizable
way.
After the dark era of II world war there was a need for creation of a just and stable
International order under the auspices of UNO.
THE U.N.CHARTER AND HUMAN RIGHTS:-
The Charter of the United Nation represents a significant advancement so far as

faith in and respect for human rights is concerned.
The signing of the charter of the United Nations also marks the formal
recognition that human rights is a matter of international concern.

The second world war led to a strong movement for the international
protection of fundamental human rights, and the charter contains numerous
references to them.
Provisions of the charter concerning Human Rights:-
Preamble ‘we the people of the united Nations reaffirms faith in fundamental
human rights, in the dignity and worth of human persons in the equal rights of men
and women’ and of nations large and small.
Article 1(3):- provides that it is one of the purpose of the U.N. ‘to achieve
international co-operation in solving international problems of an economic, social,
cultural or humanitarian character, and in promoting and encouraging respect for
human rights and for fundamental freedoms for all without distinction as to race,
sex, language or religion’.
Article 13(2):- it states the responsibilities, functions and powers of the General
Assembly to initiate studies and make recommendations for the propose of
‘promoting international co-operation in the economic, social, cultural, education
and health fields and assisting in the realization of human rights and fundamental
freedoms for all without any discrimination.
Article 13(3):- the General Assembly was empowered to initiate studies and make
recommendations for the purpose of assisting in the realization of human rights
and fundamental freedoms.
Article 55:- UN shall promote ‘universal respect for, and observance of human
rights and fundamental freedoms for all without distinction as to race, sex,
language or religion.
Article 56:- All members shall pledge to co-operate with each other to achieve the
purpose set forth in Article 55.

Article 62:- Economic and social Council is empowered to make recommendations
for the purpose of promoting respect for, and obligation of, human rights and
fundamental freedoms for all.
Article 68:- Economic and social council shall set up commission in economic and
social fields for the promotion of human rights, and such other commissions as
may be required for the performance of its functions.
Article 76:-states one of the objectives of the trusteeship ‘to encourage respect for
human rights and for fundamental freedoms for all without distinctions as to race,
sex, language or religion to encourage recognition of the interdependence of the
people of the world.
Conclusion :-
Thus the provisions of the U.N. Charter concerning Human rights provisions
provide a foundation and an impetus for further improvement in the protection of
human rights.
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Q.NO.5. WHAT ARE THE SOURCES OF INTERNATIONAL HUMAN
RIGHTS LAW.
INTRODUCTION:-
International human rights law is part of public international law. Human Rights
can be defined as basic rights and freedoms to which all humans are entitled such
as civil and political rights, the right to life and liberty, freedom of thought and
expression, equality before the law, social, cultural and economic rights, including
the right to participate in culture, the right to food, the right to work, and the right
to education.
International Court of Justice
Article 38 of the International Court of Justice Statute outlines the sources of law
as follows:

1. International conventions recognized by contesting states (includes treaties)
2. International custom
3. General principles of law recognized by civilized nations
4. Judicial decisions and teachings of the most highly qualified publicists
(academic writings)
A. International conventions:-
International treaties are contracts signed between states. They are legally binding
and impose mutual obligations on the states that are party to any particular treaty
(states parties). The main particularity of human rights treaties is that they impose
obligations on states about the manner in which they treat all individuals within
their jurisdiction.
Even though the sources of international law are not hierarchical, treaties have
some degree of primacy. More than forty major international conventions for the
protection of human rights have been adopted. International human rights treaties
bear various titles, including ‘covenant’, ‘convention’ and ‘protocol’; but what
they share are the explicit indication of states parties to be bound by their terms.
Human rights treaties have been adopted at the universal level (within the
framework of the United Nations and its specialised agencies, for instance, the ILO
and UNESCO) as well as under the auspices of regional organisations, such as the
Council of Europe (CoE), the Organisation of American States (OAS) and the
African Union (AU) (formerly the Organisation of African Unity (OAU)). These
organisations have greatly contributed to the codification of a comprehensive and
consistent body of human rights law.
Universal conventions for the protection of human rights
The UDHR, was adopted by a resolution of the United Nations General Assembly
(UNGA), although not a treaty, is the earliest comprehensive human rights
instrument adopted by the international community.

On the same day that it adopted the Universal Declaration, the UNGA requested
the UN Commission on Human Rights to prepare, as a matter of priority, a legally
binding human rights convention.
Wide differences in economic and social philosophies hampered efforts to achieve

agreement on a single instrument, but in 1954 two draft conventions were
completed and submitted to the UNGA for consideration.
Twelve years later, in 1966, the International Covenant on Economic, Social and
Cultural Rights (ICESCR) and the International Covenant on Civil and Political
Rights (ICCPR) were adopted, as well as the First Optional Protocol to the ICCPR,
which established an individual complaints procedure. Both Covenants and the
Optional Protocol entered into force in 1976.
A Second Optional Protocol to the ICCPR, on the abolition of the death penalty,
was adopted in 1989 and entered into force in 1991.
The ‘International Bill of Human Rights’ consists of the Universal Declaration of

Human Rights, the ICESCR and the ICCPR and its two Optional Protocols. The
International Bill of Rights is the basis for numerous conventions and national
constitutions.
The ICESCR and the ICCPR are key international human rights instruments. They
have a common Preamble and Article 1, in which the right to self-determination is
defined. The ICCPR primarily contains civil and political rights.
The ICESCR consists of a catalogue of economic, social and cultural rights in the
same vein as the ‘social’ part of the UDHR.
Besides the International Bill of Human Rights, a number of other instruments

have been adopted under the auspices of the UN and other international agencies.
They may be divided into three groups:
a) Conventions elaborating on certain rights, inter alia:

 The Convention on the Prevention and Punishment of the Crime of
Genocide (1948)
 ILO 98 concerning the Right to Organise and to Bargain Collectively
(1949)
 The Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (1984)
 International Convention for the Protection of All Persons from
Enforced Disappearance (2006)
b) Conventions dealing with certain categories of persons which may need
special protection, inter alia:
 The Convention relating to the Status of Refugees (1951), and the 1967
Protocol thereto
 The Convention on the Rights of the Child (1989)
 Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflicts (2000)
 Optional Protocol to the Convention on the Rights of the Child on the
sale of children,child prostitution and child pornography (2000)
 ILO 169 concerning Indigenous and Tribal Peoples in Independent
Countries (1989)
 The International Convention on the Protection of the Rights of All
Migrant Workers andMembers of Their Families (1990)
 The Convention on the Rights of Persons with Disabilities (2006)
c) Conventions seeking to eliminate discrimination
 ILO 111 concerning Discrimination in respect of Employment and

Occupation (1958)
 UNESCO Convention against Discrimination in Education (1960)
 The International Convention on the Elimination of All Forms of
Racial Discrimination (1965)
 The International Convention on the Suppression and Punishment of
the Crime of Apartheid(1973)
 The Convention on the Elimination of All Forms of Discrimination
Against Women (1979)and its Optional Protocol (2000)

C. Regional conventions for the protection of human rights
The UN Charter encourages the adoption of regional instruments for the

establishment of human rights obligations, many of which have been of crucial
importance for the development of international human rights law.
The American Convention on Human Rights was adopted in 1969, under the
auspices of the Organisation of American States.
This Convention has been complemented by two protocols, the 1988 Protocol of
San Salvador on economic, social and cultural rights and the 1990 Protocol to
abolish the death penalty.
In 1981, the Organisation of African Unity, now the African Union, adopted the
African Charter on Human and Peoples’ Rights.
Three protocols to the Charter have been adopted: the Additional Protocol on the
Establishment of the African Court on Human and Peoples’ Rights (1998), the
Protocol on the Rights of Women in Africa (2003) and the Protocol on the Statute
of the African Court of Justice and Human Rights (2008).
B. International custom:-
Customary international law plays a crucial role in international human rights law.
The Statute of the International Court of Justice refers to ‘general practice accepted
as law’. In order to become international customary law, the ‘general practice’
needs to represent a broad consensus in terms of content and applicability, deriving
from a sense that the practice is obligatory (opinio juris et necessitatis). Customary
law is binding on all states (except those that may have objected to it during its
formation), whether or not they have ratified any relevant treaty.
One of the important features of customary international law is that customary law
may, under certain circumstances, lead to universal jurisdiction or application, so
that any national court may hear extra-territorial claims brought under international
law.

In addition, there also exists a class of customary international law, jus cogens, or
peremptory norms of general international law, which are norms accepted and
recognized by the international community of states as a whole as norms from
which no derogation is permitted.
Under the Vienna Convention on the Law of Treaties (VCLT) any treaty which
conflicts with a peremptory norm is void.
Many scholars argue that some standards laid down in the Universal Declaration of
Human Rights (which in formal terms is only a resolution of the UNGA and as
such not legally binding) have become part of customary international law as a
result of subsequent practice; therefore, they would be binding upon all states.
Within the realm of human rights law the distinction between concepts of
customary law, treaty law and general principles of law are often unclear.
The Human Rights Committee in its General Comment 24 (1994) has summed up
the rights which can be assumed to belong to this part of international law which is
binding on all states, irrespective of whether they have ratified relevant
conventions, and to which no reservations are allowed:
C. General principles of law

In the application of both national and international law, general or guiding
principles are used. In international law they have been defined as ‘logical
propositions resulting from judicial reasoning on the basis of existing pieces of
international law’.
At the international level, general principles of law occupy an important place in

case-law regarding human rights. A clear example is the principle of
proportionality, which is important for human rights supervisory mechanisms in
assessing whether interference with a human right may be justified.
Why are general principles used?
No legislation is able to provide answers to every question and to every possible

situation that arises. Therefore, rules of law or principles that enable decision-

makers and members of the executive and judicial branches to decide on the issues
before them are needed.
General principles of law play two important roles: on the one hand, they provide
guidelines for judges, in particular, in deciding in individual cases; on the other
hand, they limit the discretionary power of judges and of members of the executive
in their decisions in individual cases.
D. Subsidiary means for the determination of rules of law
According to Article 38 of the Statute of the International Court of Justice, judicial

decisions and the teachings of the most qualified publicists are ‘subsidiary means
for the determination of rules of law’. Therefore, they are not, strictly speaking,
formal sources, but they are regarded as evidence of the state of the law.
As for the judicial decisions, Article 38 of the Statute of the International Court of
Justice is not confined to international decisions (such as the judgements of the
International Court of Justice, the Inter-American Court, the European Court and
the future African Court on Justice and Human Rights); decisions of national
tribunals relating to human rights are also subsidiary sources of law.
The writings of scholars contribute to the development and analysis of human

rights law. Compared to the formal standard setting of international organs the
impact is indirect.
Q.NO.6. EXPLAIN THE IMPORTANCE AND PROVISIONS OF THE

UNIVERSAL DECLARATION OF HUMAN RIGHTS.
UNITED NATION DECLARATION OF HUMAN RIGHTS
United Nation Declaration of human rights was adopted on 10th December1948 by

a vote of 48 members. Third Declaration is held as the historic event and
profound the significance of greatest achievements of United Nations.

The Declaration consists of a preamble and 30 Articles covering both “civil and
political rights” & “Economic and cultural Rights”.
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice and
peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous
acts which have outraged the conscience of mankind, and the advent of a world in
which human beings shall enjoy freedom of speech and belief and freedom from
fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a

last resort, to rebellion against tyranny and oppression, that human rights should be
protected by the rule of law,
Whereas it is essential to promote the development of friendly relations

between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed
their faith in fundamental human rights, in the dignity and worth of the human
person and in the equal rights of men and women and have determined to promote
social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-

operation with the United Nations, the promotion of universal respect for and
observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the

greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS

UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard
of achievement for all peoples and all nations, to the 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 peoples of Member States
themselves and among the peoples of territories under their jurisdiction.
Article 1:- Right to equality
 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.
Article 2:- No Discrimination on the ground of race, colour etc
 Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status.
Article 3-21:- civil and political rights
Article 3:- right to Life, liberty and security
 Everyone has the right to life, liberty and security of person.
Article 4:- Prohibition of Slavery
 No one shall be held in slavery or servitude; slavery and the slave trade shall
be prohibited in all their forms.
Article 5:- Prohibition of torture and inhuman treatment
 No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment.
Article 6:- Right to recognition as a person before law
 Everyone has the right to recognition everywhere as a person before the law.

Article 7:- Equality before law and equal protection of law
 All are equal before the law and are entitled without any discrimination to
equal protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to
such discrimination.
Article 8:- Remedy for violation of fundamental rights
 Everyone has the right to an effective remedy by the competent national

tribunals for acts violating the fundamental rights granted him by the
constitution or by law.
Article 9:- Prohibition against arbitrary arrest or detention
 No one shall be subjected to arbitrary arrest, detention or exile.
Article 10:- Right to have fair and public hearing
 Everyone is entitled in full equality to a fair and public hearing by an

independent and impartial tribunal, in the determination of his rights and
obligations and of any criminal charge against him.
Article 11:- Presumption of innocence
 (1) Everyone charged with a penal offence has the right to be presumed
 innocent until proved guilty.
 (2) No one shall be held guilty of any penal offence on account of any act or
omission which did not constitute a penal offence, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the penal
offence was committed.
Article 12:- Right of privacy
 No one shall be subjected to arbitrary interference with his privacy, family,

home or correspondence, nor to attacks upon his honour and reputation.

Article 13:- Right to freedom of movement and residence
 (1) Everyone has the right to freedom of movement and residence within the
borders of each state.
 (2) Everyone has the right to leave any country, including his own, and to
return to his country.
Article 14:- Right to seek asylum
 (1) Everyone has the right to seek and to enjoy in other countries asylum
from persecution.
 (2) This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes and
principles of the United Nations.
Article 15:- Right to Nationality
 (1) Everyone has the right to a nationality.

 (2) No one shall be arbitrarily deprived of his nationality nor denied the right
to change his nationality.
Article 16:- Right to marry
 (1) Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family. They
are entitled to equal rights as to marriage, during marriage and at its
dissolution.
 (2) Marriage shall be entered into only with the free and full consent of the
intending spouses.
 (3) The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
Article 17:- Right to own property
 (1) Everyone has the right to own property alone as well as in association
with others.
 (2) No one shall be arbitrarily deprived of his property.

Article 18:- right to freedom of thought, conscience and religion
 Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance.
Article 19:- Right to freedom of opinion and expression
 Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive
and impart information and ideas through any media and regardless of
frontiers.
Article 20:- Right to freedom of peaceful assembly
 (1) Everyone has the right to freedom of peaceful assembly and association.
 (2) No one may be compelled to belong to an association.
Article 21:- right to participate in the government
 (1) Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
 (2) Everyone has the right of equal access to public service in his country.
 (3) The will of the people shall be the basis of the authority of government;
this will shall be expressed in periodic and genuine elections which shall be
by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.
Article 22- 27 : Economic , social and cultural rights
Article 22:- Right to social security
 Everyone, as a member of society, has the right to social security and is

entitled to realization, through national effort and international co-operation
and in accordance with the organization and resources of each State, of the
economic, social and cultural rights indispensable for his dignity and the free
development of his personality.

Article 23:- Right to work
 (1) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
 (2) Everyone, without any discrimination, has the right to equal pay for
equal work.
 (3) Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity,
and supplemented, if necessary, by other means of social protection.
 (4) Everyone has the right to form and to join trade unions for the protection
of his interests.
Article 24:- right to rest and leisure
 Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay.
Article 25:- Right to a standard of living
 (1) Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security in
the event of unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control.
 (2) Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection.
Article 26:- Right to education
 (1) Everyone has the right to education. Education shall be free, at least in
the elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made generally
available and higher education shall be equally accessible to all on the basis
of merit.
 (2) Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and

fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further the
activities of the United Nations for the maintenance of peace.
 (3) Parents have a prior right to choose the kind of education that shall be
given to their children.
Article 27:- Right to enjoy culture
 (1) Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and its
benefits.
 (2) Everyone has the right to the protection of the moral and material
interests resulting from any scientific, literary or artistic production of which
he is the author.
Article : 28:- Right to enjoy human rights
 Everyone is entitled to a social and international order in which the rights

and freedoms set forth in this Declaration can be fully realized.
Article 29:- Right to free development of personality
 (1) Everyone has duties to the community in which alone the free and full
development of his personality is possible.
 (2) In the exercise of his rights and freedoms, everyone shall be subject only
to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others
and of meeting the just requirements of morality, public order and the
general welfare in a democratic society.
 (3) These rights and freedoms may in no case be exercised contrary to the
purposes and principles of the United Nations.
Article 30:- duty to honour other’s rights
 Nothing in this Declaration may be interpreted as implying for any State,

group or person any right to engage in any activity or to perform any act
aimed at the destruction of any of the rights and freedoms set forth herein.

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Q.NO. 7. DISCUSS THE RIGHTS ENUMERATED UNDER

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.
Introduction:-
The International covenant on civil and political rights is one of the international
Bill of Rights.
It was adopted and opened for signature, ratification and accession by

General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force
23 March 1976, in accordance with Article 49
It consists of preamble, 53 Articles divided into 6 parts.
Preamble
The States Parties to the present Covenant,
Considering the principles of Charter of UN, and inherent dignity of human family.
Recognizing that these rights derive from the inherent dignity of the human
person,
Recognizing that, in accordance with the Universal Declaration of Human Rights,
Considering the obligation of States under the Charter of the United Nations to
promote universal respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals.
Agree upon the following articles:
Article 1:- Right of self determination
1. All peoples have the right of self-determination. To freely pursue any status.

2. All peoples may, for their own ends, freely dispose of their natural wealth and
resources
3. The States Parties to the present Covenant, including those having responsibility
for the administration of Non-Self-Governing and Trust Territories,.
Part – II Nature of obligation of state parties (Article 2-5)
Article 2:- steps for removing discrimination
1. Each State Party to the present Covenant undertakes to respect and to ensure to
all individuals within its territory without any distinction
2. Each State Party shall accordance with constitutional process adopt measure to
represent such rights.
3. Each State Party to the present Covenant undertakes:
(a) To ensure for remedy with rights are violated.
(b) Remedy shall be determined by competent judicial authority.
(c) Competent authorities shall enforce such remedies when granted.
Article 3:- steps for ensuring equal civil and political rights to men and women
The States Parties to the present Covenant undertake to ensure the equal right of
men and women .
Article 4:- steps for measures during public emergency
1 . In time of public emergency which threatens the life of the nation and the
existence of which is officially proclaimed, the States Parties to the present
Covenant may take measures derogating from their obligations under the present
Covenant.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may
be made under this provision.

3. Any derogation shall immediately inform the other States Parties to the present
Covenant, through the intermediary of the Secretary-General of the United
Nations, of the provisions from which it has derogated and of the reasons by which
it was actuated. A further communication shall be made, through the same
intermediary, on the date on which it terminates such derogation.
Article 5 :- no restriction on the people to enjoy the rights
1. Nothing in the present Covenant may be interpreted as implying for any State,
group or person any right to engage in any activity or perform any act aimed at the
destruction of any of the rights and freedoms.
2. There shall be no restriction upon or derogation from any of the fundamental

human rights.
PART III – civil and political rights (Article 6-27)
Article 6:- Right to life
1. Every human being has the inherent right to life. This right shall be protected by
law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may
be imposed only for the most serious crimes in accordance with the law.
3. Anyone sentenced to death shall have the right to seek pardon or commutation
of the sentence.
5. Sentence of death shall not be imposed for crimes committed by persons below
eighteen years of age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of

capital punishment by any State Party to the present Covenant.
Article 7 :- Abolition of inhuman treatment, torture
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.

Article 8 :- Freedom from slavery and servitude
1. No one shall be held in slavery; slavery and the slave-trade in all their forms
shall be prohibited.
2.(a) No one shall be required to perform forced or compulsory labour;
(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment
with hard labour may be imposed as a punishment for a crime, the performance of
hard labour in pursuance of a sentence to such punishment by a competent court;
(c) For the purpose of this paragraph the term "forced or compulsory labour" shall
not include:
(i) Any work or service, in consequence of a lawful order of a court, or of a person

during conditional release from such detention;
(ii) Any service of a military character and,
(iii) Any service exacted in cases of emergency
(iv) Any work or service which forms part of normal civil obligations.
Article 9:- Right to liberty and security (protection against unlawful arrest)
1. Everyone has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons
for his arrest.
3. Anyone arrested or detained on a criminal charge shall be brought promptly

before a judge or other officer authorized by law to exercise judicial power and
shall be entitled to trial within a reasonable time or to release
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to

take proceedings before a court.

5. Anyone who has been the victim of unlawful arrest or detention shall have an
enforceable right to compensation.
Article 10:- Right of the detainee to be treated with humanity and with respect
1. All persons deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person.
2. (a) Accused persons shall, save in exceptional circumstances, be segregated

from convicted persons.
(b) Accused juvenile persons shall be separated from adults and brought as
speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim
of which shall be their reformation and social rehabilitation.
Article 11:- freedom from imprisonment for the failure of contractual obligation
No one shall be imprisoned merely on the ground of inability to fulfill a

contractual obligation.
Article 12:- Right to liberty of movement
1. Everyone lawfully within the territory of a State shall, within that territory, have
the right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those
which are provided by law, are necessary to protect national security, public order.
4. No one shall be arbitrarily deprived of the right to enter his own country.
Article 13:- Right to an alien not to be expelled arbitrarily
An alien lawfully may be expelled there from only in pursuance of a decision

reached in accordance with law and shall, except where compelling reasons of

national security otherwise require, be allowed to submit the reasons against his
expulsion and to have his case reviewed.
Article 14:- Right to equality before courts and tribunals and right to fair trial.
1. All persons shall be equal before the courts and tribunals. Everyone shall be
entitled to a fair and public hearing by a competent, independent and impartial
tribunal established by law.
2. Everyone charged with a criminal offence shall have the right to be presumed
innocent until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be

entitled to the following minimum guarantees, in full equality:
(a) To be informed promptly of the nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defence
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through legal
assistance of his own choosing;
(e) To examine, or have examined, the witnesses against him and to obtain the
attendance and examination of witnesses on his behalf.
(f) To have the free assistance of an interpreter if he cannot understand or speak

the language used in court;
(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account
of their age and the desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and
sentence being reviewed by a higher tribunal according to law.

7. No one shall be liable to be tried or punished again for an offence for which he
has already been finally convicted or acquitted in accordance with the law and
penal procedure of each country.
Article 15:- Freedom against post-facto law
1 . No one shall be held guilty of any criminal offence on account of any act or
omission which did not constitute a criminal offence, under national or
international law, at the time when it was committed.
2. Nothing in this article shall prejudice the trial and punishment of any person for
any act or omission which, at the time when it was committed, was criminal
according to the general principles of law recognized by the community of nations.
Article 16:- Right to recognition as person before the law
Everyone shall have the right to recognition everywhere as a person before the law.
Article 17:- Right to protection of privacy, family, home or correspondence
1. No one shall be subjected to arbitrary or unlawful interference with his privacy,

family, home or correspondence, nor to unlawful attacks on his honour and
reputation.
2. Everyone has the right to the protection of the law against such interference or
attacks.
Article 18:- Freedom of thought, conscience and religion
1. Everyone shall have the right to freedom of thought, conscience and religion.
This right shall include freedom to have or to adopt a religion or belief of his
choice, to manifest his religion or belief in worship, observance, practice and
teaching.
2. No one shall be subject to coercion which would impair his freedom to have or
to adopt a religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such
limitations as are prescribed by law.
4. The States Parties to the present Covenant undertake to have respect for the
liberty of parents and, when applicable, legal guardians to ensure the religious and
moral education of their children in conformity with their own convictions.
Article 19:- Freedom of expression
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds.
3. The exercise of the rights provided for in paragraph 2 of this article carries with
it special duties and responsibilities.
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of
public health or morals.
Article 20:- prohibition of propaganda for war and advocacy of hatredness
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to

discrimination, hostility or violence shall be prohibited by law.
Article 21:- Right to peaceful assembly
The right of peaceful assembly shall be recognized. No restrictions may be placed

on the exercise of this right other than those imposed in conformity with the law.
Article 22:- Right to freedom of association
1. Everyone shall have the right to freedom of association with others.

2. No restrictions may be placed on the exercise of this right other than those
which are prescribed by law.
3. Nothing in this article shall authorize States Parties to the International Labour
Organisation Convention of 1948 concerning Freedom of Association and
Protection of the Right to Organize to take legislative measures which would
prejudice, or to apply the law in such a manner as to prejudice, the guarantees
provided for in that Convention.
Article 23:- Right to marry and found a family
1. The right of men and women of marriageable age to marry and to found a family
shall be recognized.
3. No marriage shall be entered into without the free and full consent of the
intending spouses.
4. States Parties to the present Covenant shall take appropriate steps to ensure
equality of rights and responsibilities of spouses as to marriage, during marriage
and at its dissolution.
Article 24 :- Right of a child to protection and nationality
1. Every child shall have, without any discrimination, the right to such measures of
protection as are required by his status as a minor, on the part of his family, society
and the State.
2. Every child shall be registered immediately after birth and shall have a name.
3. Every child has the right to acquire a nationality.
Article 25:- Right of citizens to participate in the governance of the state.
Every citizen shall have the right and the opportunity, without any of the
distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen
representatives;

(b) To vote and to be elected at genuine periodic elections.
(c) To have access, on general terms of equality, to public service in his country.
Article 26:- Right to equality before law and equal protection of law
All persons are equal before the law and are entitled without any discrimination to
the equal protection of the law.
Article 27:-Protection of minorities rights
In those States in which ethnic, religious or linguistic minorities exist, persons

belonging to such minorities shall not be denied the right, in community with the
other members of their group, to enjoy their own culture, to profess and practice
their own religion, or to use their own language.
Part IV:- states about Human rights committee (Article 28-45)
Part V:- Interpretation of the covenant (Article 46-47)
Part VI:- signature, notification and accession etc (Article 48-53)
Q.NO.8 EXPLAIN THE HUMAN RIGHTS ENUMERATED UNDER

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND
CULTURAL RIGHTS 1966.
This covenant was adopted and opened for signature, ratification and
accession by General Assembly and entry into force on 3 January 1976, in
accordance with article 27
Preamble
It is similar to International covenant on civil and political rights.
Agree upon the following articles:
PART I

Article 1:- Right to self-determination
1. All 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.
2. All peoples may, for their own ends, freely dispose of their natural wealth and
resources without prejudice to any obligations arising out of international
economic co-operation.
3. The States Parties to the present Covenant, including those having

responsibility for the administration of Non-Self-Governing and Trust Territories,
shall promote the realization of the right of self-determination, and shall respect
that right, in conformity with the provisions of the Charter of the United Nations.
PART II – Nature of obligation of state parties
Article 2 :- steps for the full realization of rights
1. Each State Party to the present Covenant undertakes to take steps, individually
and through international assistance and co-operation.
2. The States Parties to the present Covenant undertake to guarantee that the rights
enunciated in the present Covenant will be exercised without discrimination of any
kind.
3. Developing countries, with due regard to human rights and their national
economy, may determine to what extent they would guarantee the economic rights
recognized in the present Covenant to non-nationals.
Article 3:- Assurance for providing equal rights
The States Parties to the present Covenant undertake to ensure the equal right of
men and women to the enjoyment of all economic, social and cultural rights set
forth in the present Covenant.
Article 4:- Assurance for providing equal rights

The states parties shall not impose illegal limitation on the enjoyment of rights.
Article 5 :- No restrictions on the enjoyment of rights
1. Nothing in the present Covenant may be interpreted as implying for any State,
group or person any right to engage in any activity or to perform any act aimed at
the destruction of any of the rights or freedoms recognized herein.
2. No restriction upon or derogation from any of the fundamental human rights.
PART III –Economic, social and cultural human rights (Art 6-15)
Article 6:- Right to work
1. The States Parties to the present Covenant recognize the right to work.
2. The steps to be taken by a State shall include technical and vocational guidance
and training programmes, policies and techniques to achieve steady economic,
social and cultural development and full and productive employment under
conditions safeguarding fundamental political and economic freedoms to the
individual.
Article 7 :- Right to enjoyment of just and favourable conditions of work
The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of just and favourable conditions of work which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without distinction
of any kind, in particular women being guaranteed conditions of work not inferior
to those enjoyed by men, with equal pay for equal work;
(ii) A decent living for themselves and their families in accordance with the
provisions of the present Covenant;
(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an
appropriate higher level, subject to no considerations other than those of seniority
and competence;
(d) Rest, leisure and reasonable limitation of working hours and periodic holidays
with pay, as well as remuneration for public holidays
Article 8:- Right to form and join trade union
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of his
choice, subject only to the rules of the organization concerned, for the promotion
and protection of his economic and social interests.
(b) The right of trade unions to establish national federations or confederations and
the right of the latter to form or join international trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations other than
those prescribed by law.
(d) The right to strike, provided that it is exercised in conformity with the laws of
the particular country.
2. This article shall not prevent the imposition of lawful restrictions on the exercise
of these rights by members of the armed forces or of the police or of the
administration of the State.
3. Nothing in this article shall authorize States Parties to the International Labour
Organisation Convention of 1948 concerning Freedom of Association and
Protection of the Right to Organize to take legislative measures which would
prejudice, or apply the law in such a manner as would prejudice, the guarantees
provided for in that Convention.
Article 9 :- Right to social security

The States Parties to the present Covenant recognize the right of everyone to social
security, including social insurance.
Article 10:- Right to family and protection of motherhood and childhood
The States Parties to the present Covenant recognize that:
1. The widest possible protection and assistance should be accorded to the family,
care and education for children. Marriage must be entered into with the free
consent of the intending spouses.
2. Special protection should be accorded to mothers during a reasonable period

before and after childbirth.
3. Special measures of protection and assistance should be taken on behalf of all

children and young persons without any discrimination for reasons of parentage or
other conditions. Children and young persons should not be exploited. Not to be
employed in harmful to health and morals of children which shall be made
punishable.
Article 11:- Right to adequate standard of living
1. The States Parties to the present Covenant recognize the right of everyone to an
adequate standard of living for himself and his family, including adequate food,
clothing and housing, and to the continuous improvement of living conditions.
2. The States Parties to the present Covenant, recognizing the fundamental right of
everyone to be free from hunger, shall take, individually and through international
co-operation, the measures, including specific programmes, which are needed:
(a) To improve methods of production, conservation and distribution of food by

making full use of technical and scientific knowledge to improve nutrition level.
(b) Taking into account the problems of both food-importing and food-exporting
countries, to ensure an equitable distribution of world food supplies in relation to
need.

Article 12:- Right to health
1. The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.
2. The steps to be taken by the States Parties to the present Covenant to achieve the
full realization of this right shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of infant mortality and
for the healthy development of the child;
(b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and control of epidemic, endemic, occupational and
other diseases;
(d) The creation of conditions which would assure to all medical service and
medical attention in the event of sickness.
Article 13:- Right to Education
1. The States Parties to the present Covenant recognize the right of everyone to
education. They agree that education shall be directed to the full development of
the human personality and the sense of its dignity, and shall strengthen the respect
for human rights and fundamental freedoms.
2. The States Parties to the present Covenant recognize that, with a view to
achieving the full realization of this right:
(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical and vocational
secondary education, shall be made generally available.
(c) Higher education shall be made equally accessible to all, on the basis of
capacity.
(d) Fundamental education shall be encouraged.

(e) The development of a system of schools at all levels shall be actively pursued.
3. The States Parties to the present Covenant undertake to have respect for the
liberty of parents to ensure the religious and moral education of their children in
conformity with their own convictions.
4. No part of this article shall be construed so as to interfere with the liberty of

individuals and bodies to establish and direct educational institutions, to the
observance of the principles set forth in paragraph I of this article.
Article 14:- compulsory primary education
Each State Party to the present Covenant shall provide compulsory Primary
education, free of charge, undertakes, within two years, to work out and adopt a
detailed plan of action for the progressive implementation, within a reasonable
number of years, to be fixed in the plan, of the principle of compulsory education
free of charge for all.
Article 15 :- Right to culture and to enjoy the benefits of scientific progress
1. The States Parties to the present Covenant recognize the right of everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) To benefit from the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.
2. The steps to be taken by the States Parties to the present Covenant to achieve the
full realization of this right shall include those necessary for the conservation, the
development and the diffusion of science and culture.
3. The States Parties to the present Covenant undertake to respect the freedom
indispensable for scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefits to be derived
from the encouragement and development of international contacts and co-
operation in the scientific and cultural fields.
Article 16-25 :- Part IV – Reports by states parties to the UN Secretary-

General (Machinery for implementation )
x
Q. NO. 9. DISCUSS THE RIGHTS AND FREEDOMS PROVIDED UNDER

THE EUROPEAN CONVENTION ON HUMAN RIGHTS.
Introduction:-
Regional human rights protection and promotion become increasingly popular over
the past few decades.
European convention on human rights was signed in Rome on November 4, 1950

by the member states of council of Europe, an organization in 1949 and entered
into force on 3rd September 1953.
This convention comprised of 59 Articles in 3 sections, besides a preamble.
Preamble states,
To secure universal recognition and observation of rights.
To achieve greater unity between its members.
To implement their belief in fundamental rights and freedoms
To enforce collectively the rights stated in UDHR.
Section :1 (Rights and Freedoms)
Article 2:- Right to life.
Most of the rights have been taken from UDHR.
 Everyone right to life shall be protected by law. No one shall be arbitrarily

deprived of his life.

Article 3:- Prohibition of Slavery
No one shall be subjected to torture and slavery.
Article 4:- Prohibition of slavery and forced labour
No one shall be held in slavery and to perform forced and compulsory labour.
Forced labour does not include
Services taken for work to be done in the ordinary course of detention, any military
service, during any emergency or calamity threatening the life or normal civic
obligations.
Article 5:- Right to liberty and security
1. Every one has the right to liberty and security of person. No one shall be
deprived of his liberty except accordance with law
a. The lawful detention to produce before court.

b. Lawful arrest for non-compliance with the lawful order of the
court.
c. A lawful arrest to bring a person before a authority on
reasonable suspicion of having committed crime.
d. A lawful detention of a minor for educational reasons
e. A lawful detention for prevention of infectious diseases.
f. A lawful detention for unlawful entry into a country.
2. If anyone arrested to be promptly informed the reasons, in a language
he understands.
3. Promptly brought before the court and entitled for a trial.
4. Speedy trial
5. In case of any unlawful arrest shall be entitled for compensation.
Article 6:- Right to fair trial
1. To determine civil rights and criminal charges everyone shall be

entitled for a right to fail trial within a reasonable time and
independent and impartial tribunal and court.
2. Right to be presumed innocent.

3. Everyone shall have minimum rights
a. Right to promptly informed on the charges against a person.
b. Adequate facilities for preparation of defense.
c. Defend himself through legal assistance.
d. To examine and have examined witnesses on his behalf.
e. To have assistance of interpreter.
Article 7:- No punishment without law
No one shall be punished on account of any act or omission which did not
constitute a criminal offence under national or international law.
Article 8:- Right to respect for private and family life.
1. Everyone has the right to respect for his private and family life.
2. No unlawful interference to once private life.
Article 9:- Freedom of thought, conscience and religion
1. Everyone has the right to thought, conscience and religion. To believe and
change one’s religion.
2. Freedom to practice and profess one’s religion and faith
3. This rights shall be subject to reasonable restrictions.
Article 10:- Freedom of expression.
1. Everyone has the right to freedom of expression. Hold opinions and receive and
impart information and ideas without any interference.
2. The exercise of these rights shall be carried with duties to respect the rights of
others.
Article 11:- Freedom of Assembly and association:-
1. Everyone shall have the right to freedom of Assembly and Association with
others. No one shall be force to join or to leave a association.
2. Unreasonable restrictions shall not be imposed on this rights.
Article 12:- Right to Marry

Everyone shall have right to marry and found a family according to national laws
of their country.
Article 13:- Right to effective remedy.
Everyone whose rights are violated shall have an effective remedy before a
national authority.
Article 14:- Derogation in the time of emergency.
During the time of public emergency threatening the life of the nation, the state
party may take measures derogating from its obligation. Which shall not be
inconsistent with its other international obligations.
Article 16: Restrictions on Political activity of aliens.
The States can impose restrictions on political activity of aliens
Article 17:- Prohibition of abuse of rights.
Nothing in this Convention shall be interpreted as implying any person to engage

in any activity or perform any act aims at destructions of rights and freedoms.
Article 18:- Restrictions on use of restrictions on rights
The restriction in the convention shall not be applied for any other purpose other
than for which they have been prescribed.
PROTOCOL NO 1:-
Article 1:- Protection of Property
Article 2: Right to education
Article 3:- Right to free elections
Article 4:- Territorial application
PROTOCOL NO 4:-
Article 1:- Prohibition of imprisonment for debt

Article 2:- Freedom of Movement
Article 3:- Prohibition of Expulsion of nationals
Article 4:- Prohibition of collective expulsion of aliens.
PROTOCOL NO 6:-
Article 1:- Abolition of death penalty
Article 2:- Death penalty in time of war
Article 3:- Prohibition of derogation
Article 4:- Prohibition of reservation.
PROTOCOL NO 7
Article 1:- Procedural safeguards relating to expulsion of aliens
Article 2: Right of appeal in criminal matters.
Article 3:- Compensation for wrongful conviction
Article 4:- Right not to be tried or punished twice for same offence.
Article 5:- Equality between spouses
EUROPEAN COURT OF HUMAN RIGHTS
Article 19:- Establishment of the courts
Article 20:- Number of judges.
Equal to that of contracting parties.
Article 21:- criteria for office
1. High Moral character and other qualification required for appointment.
2. Judges shall sit in individual capacity.

3. During the term the judges shall not engage in such a activity which is
incompatible with their independence, impartially etc.
Article 22:- Election of Judges.
Judges shall be elected by the Parliamentary Assembly by a majority of votes.
Article 23:- Term of office and dismissal.
1. 9 year term. No re-elected.

2. The term shall expire at the age of 70 years
3. The judges shall hold office until replaced.
4. A judge shall not be dismissed unless other judges decide by majority.
Article 24:- Registry and rapporteurs
The court shall be assisted by registry and rapporteurs.
Article 25:- Plenary court
Shall,
1. Elect its president and 1 or 2 vice-presidents for a period of 3 years.
2. Set up chambers
3. Elect the president of the chambers
4. Adopt the rules of the courts
5. Elect the Registrar and more Deputy registrars.
Article 26:- Single judge formation, committees, chambers, and grand chambers.
1. The court shall sit in a single-judge, in committees of 3 judges, in chambers 7

and in Grand chambers 17 judges.
2. The committee of ministers may reduce to five number of judges of the chamber
under the request of plenary court.
3. A single judge shall not hear application against the state party of which the
judge has been elected.

4. An ex-officio member shall sit for chamber and grand chamber.
5. The Grand chamber also includes the President of the court, vice-president,
other judges.
Article 27:- Competence of single judge.
1. He may declare inadmissible or strike out of the court’s list of cases.
2. The decision shall be final
3. He can forward a application to committee or to chamber for further

examination.
Article 28:- Competence of committees
1. The committee by unanimous vote,
a. Declare it inadmissible or strike it out of its list of cases
b. Declare it as admissible and render at the same time a Judgement on the merits.
c. Decision under para 1 shall be final.
Article 29:- Decisions by chamber on admissibility and merits.
1. If no decision is taken under Article 27 or 28, a chamber shall decide on the

admissibility and merits.
2. The decision on admissibility can be taken separately.
3. Only in exceptional cases the decision can be taken.
Article 30:- Relinquishment of Jurisdiction to the Grand Chamber.
Regarding the interpretation of convention or any other matter the chamber before
taking any decision shall relinquish the jurisdiction to Grand Chamber.
Article 31:- Powers of Grand Chambers.
a. Determine application under Article 33 and 34, 30 and 43.
b. Decide on issues referred to the court by the committee of Ministers.

c. Consider request for advisory opinions.
Article 32:- Jurisdiction of the court.
1. It shall extend to all matters concerning the interpretation and application of the
convention and protocol.
2. it shall also decide on its own jurisdiction.
Article 33;- Inter-state cases.
The contracting state parties may refer to the court against any other contracting
state parties on alleged breach of convention and protocol.
Article 34:- Individual Application.
The court may receive an application from any person, NGO, a group of
individuals claiming to be the victims of violation of the provisions of Convention.
Article 35:-Admissibility Criteria
1. The court may only deal with the matter after all domestic remedies have been
exhausted.
2. the court shall not deal with any application if,
a. it is anonymous
b. is substantially same matter which already dealt by the court.
3. The court shall declare inadmissible any individual application if it considers
a. manifestly ill-founded
b. if significant disadvantage is not suffered.
4. At any stage the court may consider inadmissible and reject the application.
Article 36:- Third party intervention
1. The state party shall submit written comments and take part in hearings.

2. The President of the court shall invite a non-party state to take part in the
hearings in interest of justice.
3. In all cases the council of Europe commissioner for Human rights may submit
written comments and take part in hearing .
Article 37:- Striking out applications.
1. The court shall strike out applications out of its list of cases,
a. If the applicant does not intend to continue.
b. The matter is resolved
c. for any other reasons if the deems fit.
Article 38:- Examination of the case.
The court shall examine the case together with the representative of the parties.
Article 39:- Friendly settlements.
1. The court shall at any stage dispose the case through friendly settlements.
2. proceedings shall be kept confidential.
3. The court shall strike out the case and transfer the decision to the committee of
ministers for execution.
Article 40:- Public hearing
1. All cases shall be public hearing and documents shall be accessible to the
public. Article 41:- Just satisfaction
If the court finds that there is violation of convention and if the internal law of the
state allows only partial reportation the court shall afford only just satisfaction to
the injured party.
Article 42:- Judgement of Chamber.
Judgment of chamber shall become final.

Article 43:- Referral to Grand chamber.
1. In exceptional cases the request to the Grand Chamber can be done within 3
months.
2. A panel of 5 judges shall accept the request.
3. The decision shall be final.
Article 44:- final Judgment
1. The Judgment of the Grand chamber shall be final
2. The Judgment of chamber shall become final
a. when parties declare that they will not request to Grand Chamber.
b. 3 months from the date of Judgment of Chamber.
c. when the panel of Grand Chamber rejects the request to refer the case.
3. The final Judgment shall be published.
Article 45:- Reasons for judgments
1. The reasons shall be given for judgment as well as for decisions declaring
applications admissible or inadmissible.
2. Separate opinions can be given by any judges.
Article 46:- Binding force and execution of judgment.
1. The contracting parties shall abide by the final judgment of the court.
2. The final judgment shall be transmitted to parties and committee of Ministers

shall supervise its execution.
Article 47:- Advisory opinions
1. The committee of Ministers shall request the court to give advisory opinion on
legal questions concerning the interpretation of the convention.
Article 48:- Advisory jurisdiction of the court.

The court shall decide on the competence to give advisory opinion to the
committee of ministers.
Article 49:- reasons for advisory opinion.
The court shall give reasons for advisory opinion
Article 50:- Expenditure on the court.
It shall be borne by the council of Europe.
Article 51: Privileges and immunities.
The judges shall enjoy privileges and immunities of a diplomatic agents.
Section III- Miscellaneous provisions - Article 52-57
Q.NO. 10. EXPLAIN THE HUMAN RIGHTS ENUMERATED UNDER

AMERICAN CONVENTION ON HUMAN RIGHTS 1969.
This convention was signed on 22 November 1969 by states of Chile, Colombia,

Costa Rica, Uruguay, El Salvador, Ecador, Guatemala, Honduras, Nicargua,
Panama, Paraguay, Uruguay and Venezuela.
It entered into force on 18 July 1978 and inter American court of Human rights
was inaugurated on 3 September 1979. The seat of the court is at San Jose, Costa
Rica.
The aim of the convention according its preamble
Is that to consolidate a system of personal liberty and social justice based on

respect for the essential rights of man.
The member states of convention agreed upon the following:
Chapter I and part I
Article 1:- The States Parties undertake to respect the rights and freedoms
recognized and to ensure to all people rights and freedoms without any
discrimination.
Article 2:-

The States Parties shall adopt these rights in accordance with their constitutional
processes and provisions.
Chapter II- Article 3-25 (civil and political rights)
Article 3:- Right to Juridical personality
Every person has the right to be recognised as a person before the law.
Article 4:- Right to Life
1. Every person has the right to have his life respected, protected by law and no
arbitrary deprivation of life.
2. If any country not abolished death penalty, it may be imposed only for most
serious crimes by an competent court, in accordance with law.
3. Death penalty shall not be re-established
4. For political offences death penalty shall not be imposed
5. Capital punishment shall not be imposed on person of 18 years or over 70
years of age or pregnant women.
6. Right to apply for amnesty, pardon or commutation of sentence
Article-5 Right to human treatment.
1. Every person shall have right to have his physical mental and moral integrity
respected.
2. No person shall be subject to torture, cruel inhuman or degrading treatment.
3. Only criminals shall be punished
4. Accused person shall be segregated from convicted.
5. Minors shall be separated from adults and brought before specialized
tribunals in criminal proceedings.
6. Punishment shall aim for reform and readaptation of the prisoners.
Article -6 : Freedom from slavery.
1. No one shall be subject to slavery.

2. No person shall require doing forced or compulsory labour except for
carrying out punishment on criminals.
3. The following does not constitute forced labour.

a. Work or service of a person imprisoned
b. Military services.
c. Service extracted in time of danger, calamity.
d. Normal civic obligations.
Article-7: Rights to personal liberty.
1. Every person has the right to personal liberty and security.

2. No one shall be deprived of his physical liberty except accordance with law
3. Not to arbitrary arrest
4. Informed reasons for arrest
5. Promptly brought before a judge, right to trial within reasonable time and
release.
6. Anyone deprived of his right is entitled for remedies before a competent
court.
7. No one shall be detained for debt.
Article -8: RIGHT TO A FAIR TRIAL
1. Every person has the right to a hearing, within reasonable time, by a

competent, independent and impartial tribunal
2. Right to be presented innocent as long as his guilt has not been proved.
The following minimum guarantees,
a. The right to be assisted without charge by a translator if does not know
the language used in court.
b. Prior notification about the charges against the accused.
c. Adequate time and means for preparation for defense.
d. To be assisted by a counsel
e. Right to examine witnesses and other experts
f. Right not to be compelled to be witness against himself.
g. Right to appeal
3. A confession of a accused shall be valid only if it is without any coercion.
4. If accused is acquitted shall not be subjected to a new trial for a same
offence.
5. Proceedings shall be public

ARTICLE 9: FREEDOM FORM EX POST FACTO LAWS
No person shall be punished for the offences which did not constitutes a
criminal offence.
ARTICLE 10:- RIGHT TO COMPENSATION
If there is miscarriage of justice the person who is a victim shall have right to get
compensation.
ARTICLE 11:- RIGHT TO PRIVACY
1. Everyone shall have right to have his honor respected and his dignity
recognized.
2. No arbitrary interference in private life, family, home, or correspondence.
3. Right to protection from such attacks.
ARTICLE 12: FREEDOM OF CONSCIENCE AND RELIGION
1. Everyone shall have right to freedom of conscience and religion. Freedom to

maintain and change religion or beliefs. Disseminate one religion either
individually or with others.
2. No unreasonable restrictions.
3. Limitations shall be prescribed by law that are required to protect public
safety.
4. Parents and guardians have right to give moral and religious education to
their children.
ARTICLE 13:- FREEDOM OF THOUGHT AND EXPRESSION
1. Everyone has the right to freedom of thought and expression. This includes
freedom to seek, receive and impact information and ideas of all kinds.
2. This right shall have liability
a. To respect for the rights or reputation of others.
b. To protect national security, public order and public health.
3. The right of expression may not be restricted by indirect methods or means.
4. Public entertainment shall be subject to prior censorship
5. Propaganda of war and hatredness shall be punishable.

ARTICLE 14:- RIGHT TO REPLY
1. Any person injured because of offensive statements and ideas has the right
to reply and or to make corrections.
2. The corrections shall not any case remit other legal liabilities
3. Every publisher, newspaper, motion picture, radio and television shall have
not protection by immunities or special privileges.
ARTICLE 15:- RIGHT TO ASSEMBLY.
1. Every person shall have right to peaceful assembly without arms, unlawful
restrictions shall not be imposed.
ARTICLE 16:- FREEDOM OF ASSOCIATION:
1. Right to associate for ideological, religious, political, economic, labour,

social, cultural or other purposes.
2. This right shall be with reasonable restrictions.
3. Imposition of legal restrictions shall be even for armed forces and police.
ARTICLE 17:- RIGHTS OF THE FAMILY
1. Family shall be entitled to protection by society and the state.

2. The right of men and women of marriageable age to marry and raise family.
3. No marriage shall be entered into without the free and full consent of
intending spouses.
4. The states parties shall take appropriate steps to ensure equal right of men
and women during marriage and dissolution of marriage.
5. The state shall recognize the rights of children born without wedlock
ARTICLE 18:- RIGHT TO NAME
1. Every person has the right to a given name and surnames of parents.
ARTICLE 19:- RIGHT OF CHILD
1. Every child has the right to the measure of protection required by his
conditions as a minor on the part of his family, society and the state.
ARTICLE 20: RIGHT TO NATIONALITY

1. Every person has the right to nationality.
2. The right to nationality in which nation he has born.
3. No arbitrary deprivation of nationality.
ARTICLE 21:- RIGHT TO PROPERTY
1. Everyone has the right to property, use and enjoyment.
2. No deprivation of one’s property except upon payment of just

compensation for reason for public utility.
3. Exploitation of man by man shall be prohibited by law.
ARTICLE 22:- RIGHT TO MOVEMENT AND RESIDENCE
• 1. Every person who is lawfully in a territory shall have right to movement

and residence.
• 2. right to leave any country freely, including his own country.
• 3. exercise of foreign rights may be restricted only for public safety.
• 4. No one shall be expelled from a country which he is a national
• 5. an alien can be expelled pursuant of a decision reached by a law full

authority accordance with law.
• 6. every person shall have right to seek asylum
• 7. Alien cannot be stopped to return back to his nation.
• 8. The collective expulsion of aliens is prohibited.
ARTICLE 23: RIGHT TO PARTICIPATE IN GOVERNMENT.
• 1. Every citizen shall have right following rights and opportunities.
• a. take part in public affairs directly or indirectly.
• B. to vote to be elected in genuine elections
• C. to have access to public service of his country.

2. the law may regulate such opportunties and right
ARTICLE 24: RIGHT TO EQUAL PROTECTION
• 1. Everyone has right to simple and prompt recourse, or any right effective
recourse, to a competent court or tribunal for protection against acts that
violate his fundamental rights.
• 2. the states parties shall undertake
A. To ensure that any person claiming such right shall have his right
determined by competent court.
B. To develop the possibilities of judicial remedy
C. To ensure that the competent authorities shall enforce such remedies

when granted.
ARTICLE 26 OF CHAPTER III
PROGRESSIVE DEVELOPMENT UNDER ECONOMIC, SOCIAL, AND

CULTURAL RIGHTS
CHAPTER-IV
SUSPENSION OF GUARANTEES, INTREPRETATION AND APPLICATION
INTER AMERICAN COMMISSION ON HUMAN RIGHTS
• ARTICLE 34-51; 70-73 & 79-80
The commission was created with the primary function to ‘promote the observance
and protection of human rights and to serve as a consultative organ of the
organization in matter of human rights.
Organisation of the commission (article 34-40)
ARTICLE 34:-
The commission shall be composed of 7 members, who shall be persons of high

moral character and recognized competence in the field of human rights.

ARTICLE 35
The commission shall represent all the members countries of the organization of
American states.
ARTICLE 36
Members shall be elected in personal capacity by the General Assembly from the
list of candidates proposed by member states.
The governments may propose upto 3 members.
ARTICLE 37
The members shall be elected for a period of 4 years and may be reelected once.
The term of the members in first election shall expire at the end of 2 years
ARTICLE 38
Vacancies that may occur on the commission for reasons other than the normal
expiration of a term shall be filled by the permanent council of the organization.
ARTICLE 39
The commission shall prepare statute which shall be approved by General

Assembly
Article 40
Secretariat services for the commission shall be furnished by the appropriate

specialized unit of the General Secretariat of the organization.
FUNCTIONS OF THE COMMISSION (ARTICLE 41-43)
TO PROMOTE RESPECT FOR AND DEFENCE OF HUMAN RIGHTS.
1. To develop an awareness of human rights among the people of American.
2. To make recommendations to the governments of the member states for the

adoption of progressive measures in favour of human rights.
3. To prepare studies and reports

4. To request the government to supply information on the measures adopted in the
matters of human rights.
5. To respond through the General Secretariat of the organisation to inquiries made

by state members on matter to human rights.
6. To take action on petition and other communications pursuant to its authority.
7. To submit an annual report to the General Assembly of the organisation.
ARTICLE 42
The state parties shall transmit to the commission a copy of each of the reports and
studies that they submit annually to the Executive committees of the council , so
that the commission may watch over the promotion of the rights implicit in the
charter.
ARTICLE 44-47
• COMPETENCE
• Article 44:- Any person , group of person or any NGO may lodge petition or
complaints of violations of this convention by a state party.
Article 45:-
Any state party may when it deposit its instrument of ratification of or adherence to
this convention, if any contravention of the Human rights is done then the
commission shall have powers to take against it otherwise if the state party have
not declared the ratification the commission shall not admit any communications
against such state parties.
Admission by the commission of a petition or communication lodged in

accordance with Article 44 or 45 shall be subject to the following requirements.
1. That the remedies under domestic law have been pursued and exhausted.
2. Petition lodged within 6 months from the date of violation of his rights.
3. The subject matter of the petition is not pending in any other court

4. In case of 44 the petition contains the name, nationality, profession, domicile,
and signature of the person or of the legal representative of the entity lodging the
petition.
Article 46
The provision of Par 1(a) and (b) shall not be applicable when.
A. The domestic legislation of the state concerned does not afford due process of
law for the protection of the right or rights that have allegedly been violated.
B. the person alleging violation of his rights has been denied access to the remedies
under domestic law.
C. there has been unwarranted delay in rendering a final Judgement under the
aforesaid remedies.
Article 47
The commission shall consider inadmissible any petition or communication

submitted under Aritcle 44/45
a. any of the requirements indicated in Article 46 is not been met.
B. the petition does not state facts that tend to establish a violation of the rights
guaranteed by this convention.
• C. the statements of the petitioner or of the state indicate that the petition or
communication is manifestly groundless or obviously out of order.
• The petition or communication is substantially the same as one previously

studied by the commission or by another international organisation.
PROCEDURE (ARTICLE 48-51)
When the commission receives a petition or communication alleging violation of

any of the rights protected by this convention, it shall proceed as follows;
1. if it considers the petition is admissible it shall information from the government

of the state indicated as being responsible for the alleged violations.

This information shall be submitted within a reasonable period to be determined by
the commission in accordance with the circumstances of each case.
B. after information is received or if information is not received after time elapsed.

The commission shall ascertain whether the grounds for the petition exist. If they
do not the commission shall order the record to be closed.
C. The commission shall also declare the petition inadmissible.
D. the commission shall examine the matter in order to verify the facts. It can also
carry out investigation.
E. The commission shall also request the state to furnish any pertinent information,
shall hear oral statements or receive written statements from the parties concerned.
F. The commission shall place itself for friendly settlement of the dispute in
respect for protection of Human rights.
Article 48:
In serious and urgent cases only the presentation of a petition that fulfills all formal
requirements of admissibility shall be necessary to conduct an investigation with
prior to the consent of the state party.
Article 49
If any friendly settlement is drawn up the commission shall draw up a report,

which shall be transmitted to petitioner and state party and also communicated to
Secretary General of the organisation of American.
The brief statement of the facts and the solution reached shall be mentioned.
ARTICLE 50
• If settlement not reached. The commission shall draw a report of facts and
conclusion.
• It shall contain the opinion, written and oral statements made by the parties
etc.

• The commission shall also make proposals and recommendations as it sees
fit.
ARTICLE 51
With in 3 months of the report by the commission to the state party, if the matter is
not settled the commission may by absolute majority set forth its opinion and
conclusions regarding the question submitted for its consideration.
The commission shall make recommendations and shall prescribe a period within
which the state shall take the measures.
Some other provisions
Article 70:-
The members of the commission shall enjoy during their tenure immunities
extended to diplomatic agents and also enjoy diplomatic agents privileges.
Article 71
The position of member of the commission is incompatible with any other activity
that right affect the independence or impartiality of such member, as determined
in the respective statutes.
Article 72
The members of the commission shall receive emoluments and travel allowance.
The commission shall draw up its own budget and submit it for the approval to the
General Assembly through the General Secretariat.
Article 79 & 80
• Transitory provisions relating to Inter-American commission on Human

rights
• 1. the state parties shall prepare a list of members within 90 days.
• The members shall be elected by secret ballot of the General Assembly.
INTER-AMERICAN COURT OF HUMAN RIGHTS (IACHR)

ARTICLE 52-73 & 81-82
It is an autonomous judicial institution whose purpose is the application and

interpretation of the American convention on Human Rights.
The court came into existence in 1978 after the prescribed eleventh ratification of
the convention.
The court’s jurisdiction extends to 21 countries at present.
(ARTICLE 52-60) ORGANIZATION
• ARTICLE 52:
• The court shall consist of 7 judges, nationals of the member states of the
organization, elected in an individual capacity from among jurists of the
highest moral authority and of recognized competence in the field of human
rights, and possess required qualification.
No two judges may be nationals of the same state.
ARTICLE 53
• The judges of the court shall be elected by secret ballot by an absolute

majority vote of the state parties to the convention in the General Assembly ,
from the panel of candidates proposed by those states.
• Each State may propose up to three candidates. When a state of three is

proposed at least one of the candidates shall be a national of a state other
than the one proposing the state.
ARTICLE 54
• The judges of the court shall be elected for a term of 6 years and may be
reselected once.
• The term of judges elected in first term shall expire at the end of 3 years.
• Immediately after the election, the names of the three judges whose term has
not expired shall complete the term latter.
• The judges shall continue in office until the expiration of their term.

• However they shall continue to serve with regard to cases that they have
begun to hear and that are still pending, for which purposes they shall not be
replaced by the newly elected judges.
ARTICLE 55
• A Judge can retain to hear a case from his own state.
• If one of the judges is called to hear a case should be a national of one of the
state parties to the case any other state party in the case may appoint a
person of its choice to serve on the court as an ad hoc judge.
• If none of the judges is a national of any state parties to the case, each of
the latter may appoint an adhoc judge.
• He shall possess all the qualification of a judge mentioned in Article 52.
ARTICLE 56
• Five judges shall constitute a quorum for the transaction of business by the
court.
ARTICLE 57:
The commission shall appear in all cases before the court.
ARTICLE 58
• The court shall have its seat at the place determined by the states parties in
the General Assembly of the organization; it may convene in the territory of
any member state of the organization of American states when a majority of
the court considers it desirable and with the prior consent of the state
concerned.
• The seat of the court may be changed by 2/3rd vote.
• The court shall appoint its own secretary and it shall have office at the place
of court and shall attend the meetings the the court may hold.
ARTICLE 59

• The court shall establish its secretariat, which shall function under the
decision of the secretary of the court.
ARTICLE 60
• The court shall draw up its statute which shall be approved by General
Assembly.
JURISDICTION AND FUNCTIONS OF THE COURT.
• ARTICLE 61:-
• Only the states parties and the commission shall have the right to submit a
case to the court.
• The procedure set forth in Article 48 and 50 is required for the court hear the
case.
ARTICLE 62
• The jurisdiction of the court shall comprise all cases concerning the
interpretation and application of the provisions of this convention that are
submitted to it, provided that the states parties to the case recognize or have
recognized such jurisdiction, whether by special declaration pursuant to the
preceding paragraphs or by a special agreement.
ARTICLE 63
• If the court finds that there has been a violation of a right or freedom the
court shall rule that the injured party be ensured the enjoyment of his right or
freedom that was violated.
• Fair compensation shall be paid.
• The court shall also take appropriate actions in extreme gravity and urgency
cases
ARTICLE 64

• The member states may consult the court regarding the interpretation of this
convention or of the other treaties concerning protection of human rights.
• The court may provide that state with opinion regarding the compatibility of
any of its domestic laws with the aforesaid international instruments.
ARTICLE 65
• The court shall submit a report on its work during the previous year to the
General Assembly of the organization.
ARTICLE 66-69: PROCEDURE FOLLOWED BY THE COURT
ARTICLE 66:-
• Reasons shall be given for the judgement of the court.
• Judges can give separate opinion attached to the judgment.
ARTICLE 67
• The judgment of the court is final and no appeal shall file.
• The court can interpret the judgment if requested by the parties.
ARTICLE 68
• The state parties shall undertake to comply with the judgment of the court in
any case to which they are parties.
• The compensatory damages may be executed in the country concerned.
ARTICLE 69
• The parties shall be notified of the judgment of the court and it shall be
transmitted to the state parties also.
Provisions which are common to court and commission
ARTICLE 70:-
• Judges shall enjoy immunities and privileges during their tenure which is
extended to diplomatic agents.

ARTICLE 71
The position of the judges of the court is incompatible with any other activity that
might affect the independence or impartiality of such judge or member as
determined in the respective statutes.
ARTICLE 72
• The judges shall receive emoluments and travel allowances.
• A budget shall be done by the court and It shall be approved by General

assembly
ARTICLE 81-82
TRANSITIONARY PROVISION RELATING TO INTER-AMERICAN COURT

OF HUMAN RIGHTS
ADDITIONA PROTOCOL –NOV 16TH 1999
• CULTURAL, ECONOMIC AND SOCIAL RIGHTS
 RIGHT TO WORK
 RIGHT TO JUST AND SATISFACTORY CONDITIONS OF WORK
 TRADE UNION RIGHTS
 RIGHT TO SOCIAL SECURITY
 RIGHT TO HEALTH
 RIGHT TO HEALTY ENVIRONMENT
 RIGHT TO FOOD
 RIGHT TO EDUCATION
 RIGHT TO THE BENEFITS OF CULTURE
 RIGHT TO THE FORMATION AND PROTECTION OF FAMILIES
 RIGHTS OF CHILDREN

 RIGHT TO PROTECTION OF THE ELEDERLY
 RIGHT TO PROTECTION OF THE HANDICAPPED
 MEANS OF PROTECTION
Q.NO.11. EXPLAIN THE HUMAN RIGHTS ENUMERATED UNDER

AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS 1981.
AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS 1981
The charter was adopted on 17 June 1981 at the Nairobi summit. The Charter
came into force on 21st October 1986.
This charter contains 67 articles and additional protocols.
ARTICLE 1:-
The member states of the organization of African unity parties to the charter shall
recognize the rights enshrined in this charter and shall adopt legislative measures
to give them effect.
Article 2:-
Every individual shall be entitled to the enjoyment of the rights and freedoms
without discrimination of any kind.
Article 3:-Right to equality
1. Every individual shall be equal before the law

2. Entitle to equal protection of the law.
ARTICLE 4:- RIGHT TO INVIOLABILITY TO PERSON.
Every human being shall be entitled to respect for his life and integrity of his
person.
ARTICLE 5:- RIGHT TO RESPECT OF THE DIGNITY.

Every person shall be respected his dignity and recognize his legal status.
Exploitation of man in all forms shall be prohibited.
Like slavery, trade, cruelty, inhuman treatments etc.
ARTICLE 6:- RIGHT TO LIBERTY AND SECURITY OF PERSON
Every person shall have right to liberty and security of his person.
No one may be deprived of his freedom except for lawful reasons.
ARTICLE 7:- RIGHT TO BE HEARD
1. Every individual shall right to be heard.

a. The right to appeal to competent national organs against violation of
human rights.
b. Right to be presumed innocent.
c. The right to defence.
d. Right to tried within a reasonable time.
2. No one shall be condemned for an act of omission which did not constitute a
legally punishable offence at the time it was committed.
ARTICLE 8:- RIGHT TO FREEDOM OF CONSCIENCE.
Freedom of conscience, the profession and free practice of religion shall be

guaranteed.
ARTICLE 9:- RIGHT TO RECEIVE INFORMATION.
1. Every individual shall have right to receive information.

2. Right to express and disseminate opinion within the law
ARTICLE 10:- RIGHT TO FREE ASSOCIATION
1. Right to free association provided that he abides by the law.

2. No one shall be compelled to join association.
ARTICLE 11:- RIGHT TO ASSEMBLE
Every individual shall have right to assemble freely with others. This right
shall be subject to reasonable restrictions for national security and safety.

ARTICLE 12:- RIGHT TO FREEDOM OF MOVEMENT.
1. Every individual shall have right to freedom of movement and residence

within the borders of the state subject to provisions of law.
2. Right to leave country and return to his country.
3. Right to seek and obtain asylum.
4. A non-national who is legally in a state shall be expelled from the country
only accordance with law.
5. The mass expulsion of non-nationals shall be prohibited.
ARTICLE 13:- RIGHT TO PARTICIPATE IN GOVERNTMENT.
1. Every citizen shall have the right to participate freely in the Government.
2. Right to equal access to the public service.
3. Right to access to public property and services.
ARTICLE 14:- RIGHT NOT TO ARBITRARY DEPRIVATION OF

PROPERTY
Every person shall have right to property. It can be encroached upon in the
interest of public need and according to law.
ARTICLE 15:- RIGHT TO WORK
Every individual shall have the right to work under equitable and satisfactory
conditions and shall receive equal pay for equal work.
ARTICLE 16: RIGHT TO HEALTH
1. Every individual shall have the right to enjoy the best attainable state of
physical and mental health.
2. State parties shall take the necessary measures to protect the health of their
people.
ARTICLE 17: RIGHT TO EDUCATION
1. Every individual shall have the right to education

2. Every person shall freely take part in cultural life.
3. The promotion and protection of morals and traditional values recognized by
the community shall be the duty of the state.

ARITCLE 18: RIGHT TO PROTECTION OF FAMILY
1. State shall take care of the protection of a family of its physical health and
moral
2. State shall assist the family in protection of traditional values of the
community.
3. State shall ensure elimination of all sorts of discrimination.
4. The aged and disabled shall also have the right to special measures of
protection.
ARTICLE 19: RIGHT TO EQUALITY
All people are equal and enjoy equal and same respect and protection
ARTICLE 20: RIGHT TO EXISTENCE AND SELF-DETERMINATION
1. Everyone shall have right to existence and self-determination. Determine

political , economical, social or cultural status
2. Oppressed people shall have the right to free themselves from the bonds of
domination.
3. All people shall have right to assistance by the state from foreign
domination.
ARITCLE 21: RIGHT TO PROPERTY
1. Every person shall have right to property, enjoy, possess and dispose it.
2. If property is arbitrarily deprived they shall have right to lawfully recover it.
3. The free disposal of wealth and natural resources shall be exercised.
4. The state shall undertake to eliminate all forms of foreign economical
domination.
ARTICLE 22: RIGHT TO ECONOMIC, SOCIAL AND CULTURAL

DEVELOPMENT.
1. All people shall have right to economic, social and cultural development
with regard to freedom and identity and equal enjoyment of the common
heritage.
2. State shall have duty to ensure the exercise of the right to development.

ARTICLE 23:- RIGHT TO PEACE
1. All people shall have right to national and international peace and security.
The principles of friendly relations implicitly affirmed by the charter of UN
and organization of African unity shall govern relations.
2. For the purpose of strengthening peace and solidarity and friendly relations
the state parties shall ensure that.
a. Individual right to asylum
b. States shall not use their territories for terrorist activities.
ARTICLE 24: RIGHT TO ENVIRONMENT
All people shall have the right to a general satisfactory environment favourable to
their development.
DUTIES OF STATES PARTIES.
1. Duty to promote and ensure through teaching, education and publication the
respect of the rights and freedoms contained in the present charter.
2. The state parties shall guarantee the independence of the courts and shall allow
the establishment and improvement of appropriate national institutions entrusted
with protection and promotion of freedoms.
DUTIES OF INDIVIDUALS
1. Every individual shall have duties towards his family, society, legally
recognized communities and international community.
2. The rights of individual shall be exercised with due regard to the rights of
others.
3. Duty of an individual to respect and consider his fellowbeings
4. To preserve harmonious development of the family, work , respect for his
parents and to maintain them.
5. To serve his nation by his physical and intellectual abilities.
6. Not to compromise with the security of his nation.
7. To preserve and strengthen social and national solidarity.
8. To preserve and strengthen social and national independence and its defence.
9. To work to the best of abilities.

10.To preserve and strengthen positive African cultural values.
11. To contribute to the promotion and achievement of African unity.
AFRICAN COMMISSION ON HUMAN AND PEOPLE’S RIGHTS
Establishment and organization of the African Commission on Human and

people’s rights.(Article 30-44)
Article 30:- This commission shall be established within the organization of

African Unity to promote human and people’s rights and ensure their protection in
Africa.
Article 31:-
It shall consist of 11 members chosen from amongst African personalities of the

highest reputation, known for their high morality, integrity, impartiality and
competence in matters of human and people’s rights.
He shall have legal experience.
He shall in personal capacity.
Article 32:-
The commission shall not include more than one national of the same state.
Article 33:
The member shall be elected in secret ballot by the Assembly of Heads of State
and Government, from the list of persons nominated by the state parties.
Article 34:-
Each state party may not nominate more than 2 candidates.
Article 35:-
The secretary General shall invite state parties at least 4 months before the
elections to nominate candidates. Alphabetical list of the shall be prepared and
nominated and communicate it to the heads of State and Government at least one
month before the elections.

Article 36:-
The members shall be elected for 6 year period and shall be eligible for re-election.
The term of the 4 of the members elected at the first election shall terminate after 2
years and term of office of three others, at the end of 4 years.
Article 37:-
After the first election the chairman shall do draw of lots to decide the manes of
those members referred to in Article 36
Article 38:-
After election the members shall declare to discharge their duties impartially and
faithfully.
Article 39:-
The chairman shall inform the secretary-General who shall declare the seat vacant
from the death or date of resignation that effects.
Or for any other reasons the member has stopped discharging his duties.
The Assembly of Heads of state and Government shall replace the member whose
seat became vacant for the remaining period of his term unless the period is less
than 6 months.
Article 40:-
Every member of the commission shall be in office until the date his successor
assumes office.
Article 41:-
The Secretary General shall appoint the secretary of the commission. He shall
provide the staff and services necessary for the effective discharge of the duties of
the commission. The Organisation of African Unity shall bear cost of the staff and
services.

Article 42:- The commission shall elect its chairman and vice-chairman for a
period of 2 year and eligible for re-elected. The commission shall laid down rules
for procedure.
The chairman shall have a casting vote. The Secretary General may attend the
meetings of the commission.
Article 43:-
The members may enjoy diplomatic privileges and immunities
Article 44:-
Provisions shall be made for the emoluments and allowances.
Article 45:-
Function of the commission:-
1. To promote human and people’s rights,

a. To collect documents, make studies, researches on African problems,
organize seminar, symposia, conference, disseminate information,
encourage national and local institutions concerned with human and
people’s rights and also make recommendations to the government.
b. To formulate and lay down principles and rules aimed at solving legal
problems.
c. Co-operate with other African and international institution concerned
with the promotion and protection of human and people’s rights.
2. Ensure the protection of human laid down by the present charter.

3. Interpret all the provisions of the charter at the request of the state party.
4. Perform any other tasks.
Article 46-59:- Procedure of the commission
Article 46:-
The commission may resort to any appropriate method of investigation. It may

hear from Secretary-General of the OAU or any other person capable of
enlightening it.

Article 47:-
If any state party finds any other state party violating the provisions of the charter
it may draw up the attention of that particular state through written communication.
The commission shall be addressed to the Secretary-General and to the Chairman.

Within 3 months the state shall give written explanation or statement regarding the
matter of complaint.
This shall include relevant information regarding the rules and regulations and
redress already given .
Article 48:-
If within 3 months the issue is not settled through negotiation or peaceful

procedure, either of the state shall have right to submit the matter to the
commission through the chairman.
Article 49:-
A state party can also refer a matter directly to the commission by addressing to the
chairman, to the Secretary- General and state concerned.
Article 50:-
The commission can only deal with the matter only if all the local remedies have
exhausted.
Article 51:-
The commission shall ask the state party to give complete information about the
matter and also submit written or oral submission.
Article 52:-
After getting the information the commission shall prepare a report and submit it to
states, Assembly of Heads of state and Government.
Article 53:-
The commission can make recommendations while submitting report to Assembly

of Heads of the state and Government.

Article 54:-
The commission shall submit report in every session on its activities.
Article 55:-
Before each session the secretary of the commission shall make a list of the
commission other than those of the states parties and transit them to the members
of the commission, who shall indicate which communications should be considered
by the commission.
Article 56:-
Communication relation to rights of human and people referred in Article 55

received by the commission shall be considered according certain conditions laid
down by the commission under this article.
Article 57:-
Prior to any substantive consideration, all communications shall be brought to the

knowledge of the state concerned by the chairman of the commission.
Article 58:-
In cases of series of serious or massive violation of human rights the commission

shall draw the attention of the Assembly of Heads of state and Government to
these special cases.
The Assembly of Heads of state and Government may request the commission to
undertake an in-depth study of these cases and make a factual report, accompanied
by its findings and recommendations.
Article 59:-
All measures taken by the commission shall remain confidential and the report
shall be published by the Chairman of the commission upon the decision of the
Assembly of Heads of state and Government.
Articles 60-63 (Applicable principles)
Article 60:-

The Commission shall draw up inspiration from international law, African
instruments, United Nations organization and other instruments for the protection
of human rights.
Article 61:-
The Commission shall also take into consideration as subsidiary measures to

determine the principles of law, other general or special international conventions.
Article 62:-
Each state shall submit every 2 years a report on legislative and other measures
taken to protect rights and freedoms.
Article 64-68:- General provisions
ADDITIONAL PROTOCOL - AFRICAN COURT ON HUMAN RIGHTS 1998.
The protocol paved way for the establishment of African Court of Human Rights.
Article 1:- Establishment of the Court
The Court shall be established within the organization of African Unity.
Article 2:- Relationship between court and commission
The court shall according to the provision of the Protocol complement the
protective mandate of the African Commission.
Article 3:- Jurisdiction of the Court:-
1. It shall extend to all cases and disputes, regarding interpretation, application

of provision of charter.
2. In the event whether court has jurisdiction or not.
Article 4:- Advisory opinion
1. The request of member states or organization of African Unity the court may
provide advisory opinion and shall also give reasons for its opinion.
Article 5:- Access to the court.

1. The following are entitled to submit a case to court.
a. Commission
b. A state party which has lodged a complaint to commission
c. The state party against whom the complaint has been lodged.
d. The state party whose citizen is victim
e. African intergovernmental organisations
2. Even a state party can join if it is interested.
3. A NGO can observe a case .
Article 6:- Admissibility of Cases
1. While deciding the Admissibility of cases the court can take opinion from
commission.
2. According to provision of Article 56 the court shall rule on admissibility of
cases.
3. The cases can consider the case or transfer them to commission
Article 7:- Sources of Law
The court shall apply the provision of charter and any other relevant human rights
instruments ratified by state parties.
Article 8:- Consideration of Cases.
The rules of procedure of the court shall lay down the detailed conditions by the
court considering the rules of commission.
Article 9:- Amicable settlement
The court may try to reach the cases for amicable settlement.
Article 10:- Hearing and Representation
1. Hearing shall be public. It can also conduct hearing incamera as may be

provided for in the Rules of procedure.
2. Any party to the case can be represented by a legal representative. And free
legal representation may be provided.
3. The person who appears before the court shall be protected and all facilities
shall be provided.

Article 11:- Composition
1. Consist of 11 judges, national of member states and elected in an individual

capacity of high moral character and judicial or academic competence
2. No 2 judges shall be nationals of the same state.
Article 12:- nominations
1. State parties can propose 3 members at least 2 of them shall be nationals of

that state.
2. Due consideration shall be given to adequate gender respresentation
Article 13:- list of candidates
1. The Secretary –General shall request the list of the candidates for the judges
and the state shall nominate within 90 days of such request.
2. List shall be prepared and it shall be transmitted to the member state of the
organization atleast 30 days prior to the next session of the Assembly of
heads of states and government of the OAU.
Article 14:- Elections
1. Judges shall be elected through secret ballot

2. The Assembly shall ensure that in the court as a whole there is
representation of the main regions of Africa.
3. Adequate Gender representation shall be ensured
Article 15:- Term of office
1. Period of 6 years and may be re-elected only once. The term of 4 judges
shall expire at the end of 2 years and the term of 4 judges at the end of 4
years.
2. Draw of lots shall be done for the same.
3. The judge shall continue till the next judges is appointed.
Article 16:- oath of office.
After elections the judges shall take oath to discharge their duties impartially and
faithfully.

Article 17:- Independence
1. The independence of judges shall be fully ensured.

2. The judge may hear a case in which the same judge has previously taken
part as agent, counsel or advocate.
3. The judges shall enjoy immunities of diplomatic agents
4. The judge shall not be liable for any decision.
Article 18:- incompatibility
1. The position of the court is incompatible with any activity that might
interfere with the independence or impartiability of such judge.
Article 19:- Cessation of Office
1. The judges shall not be suspended unless by the unaminous decision of the
other judges.
2. Such decision shall become final
Article 20:- vacancies
1. In case of vacancy the president shall inform to the secretary General who
shall declare the seat vacant.
2. The Assembly shall replace the judge.
Article 21:- Presidency of the court.
1. A president and vice-president shall be appointed for a period of 2 years and

re-elected for once.
2. The president shall perform judicial functions.
3. The functions shall be set out in the rules of procedure of the court.
Article 22:- Exclusion
The judge shall not hear the case from the state which the judge belongs to.
Article 23:- quorum.
The cases shall be dealt by the quorum of atleast 7 judges.
Article 24:-Registry of the court.

The court shall appoint Registry and other staff
Article 25:- Seat of the court.
1. The court shall have its seat at the place determined by the Assembly of state
parties.
2. The seat of the court shall be changed.
Article 26:- Evidence
1. The court shall hear submission by all parties and if deemed necessary hold
an enquiry.
2. The court may receive oral or written evidence.
Article 27:-Findings
1. If the court finds there is violation of rights and the court make appropriate
orders including payment of fair compensation.
2. Provisional measures shall also be taken by the court.
Article 28;- Judgment
1. The court shall render judgment within 90 days of having completed it

deliberations.
2. The judgment shall be given by majority and it shall be final
3. The court may review its decision
4. It may also interpret is decision.
5. The judgment shall be read in open court.
6. Reasons shall be given.
7. Any judge shall be deliver a separate
opinion. Article 29:- Notification of Judgment
1. The parties shall be notified of the Judgment and it shall be transmitted to

the Member State of the OAU and commission.
2. The council of ministers shall also be notified.
Article 30:- Execution of Judgment.

The state parties shall comply with the judgment of the court within stipulated
time.
Article 31:- Report
The court shall submit a report on its work during the previous year to the
Assembly.
Article 32:- Budget
Expenses of the court, emoluments and allowances for judges and the budget of its
registry shall be determined and borne by the OAU.
Article 33:- Rules of procedure
The court shall draw up its rules and determine its own procedures.
Article 34:- Ratification.
The protocol shall be open for signature and ratification by any state party.
Article 35: Amendments
The present protocol can be amended if any state party makes a written request to
General –Secretary of the OAU after following required steps and procedure for
the same.
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Q.NO. 12. EXPLAIN THE WRITS AVAILABLE UNDER THE

CONSTITUTION OF INDIA FOR THE PROTECTION OF HUMAN
RIGHTS.
Introduction
Article 226 provides that notwithstanding anything in Article 32 every high court
shall have power, throughout the territorial limits in relation to which it exercises
jurisdiction to issue to any person or authority including the appropriate cases, any
Government, within those territories, directions, orders, and writs including writs
in the nature of Habeaus Corpus, Mandamus, prohibition, quo warranto and
certiorari or any of them.

a. For the enforcement of fundamental rights conferred by Part III and
b. For any other purpose.
44th Amendment Act 1978 amended Article 226 and added a new clause (3) for
regulating the procedure regarding the power of the High Courts to issue interim
orders-
WRITS
1. HABEAS CORPUS
Is a Latin term which literally means “you may have the body”. The writ is issued
in form of an order calling upon a person by whom another person is detained to
bring that person before the court and to let the court know by what authority he
has detained that person.
It the cause shown discloses that detained person has been detained illegally the
court will order that he be released thus the main object of the writ is to give quick
and immediate remedy to a person who is unlawfully detained by the person
whether in prison or private custody.
In Kanu Sanyal V. District Magistrate, Darjeeling (AIR 1974 SC 510)
In this case a terrorist was arrested and detained in Vishakapatanam prison. The
Terrorist approached Supreme court for writ under Article 32 of the constitution
challenging the legality of his detention and to produce him before the court.
In this case it was held that producing the person who is detained before the court
for hearing and deposing writ-petition is not mandatory.
Who can apply for it-
According to General Rule is that an application can be made by a person who is

illegally detained. But in certain cases, an application can be made by an person on
behalf of the prisoner like a friend, or a relative etc.
When it will lie:-
The writ will lie if the power of detention vested in an authority was exercised
malafide and is made in collateral or ulterior purposes.

But if the detention is lawful the court will not allow the writ.
The detention becomes unlawful if a person who is arrested is not produced before
the Magistrate within 24 hours of his arrest and he will be entitled to be released on
the writ of habeas corpus.
2. MANDAMUS
The word Mandamus means the order. This writ is thus an order by a superior
court commanding a person or a public authority (including the Government and
public corporation) to do or forbear to do something in the nature of public duty or
in certain cases of a statutory duty.
When it will lie:- under 2 conditions
1. It will be issued when there is a failure to perform a mandatory duty upon an

public authority. It can be enforced only on a public duty and not on private
duty.
2. It can also be issued to public authority to restrain it from acting under a law
which has been declared unconstitutional.
When it will no lie:-
1. When the duty is only discretionary in nature.

2. It will not lie against a private individual
3. Cannot be granted to enforce an obligation arising out of contract.
3. PROHIBITION
This writ is issued to prevent an inferior court or tribunal from exceeding its
jurisdiction or acting contrary to the rules of natural justice.
It is issued by a superior court to inferior courts for the purpose of preventing

inferior courts to keep within the limits of their jurisdiction.
Writ can be issued in both cases where there is excess of jurisdiction and where
there is absence of jurisdiction.
4. CERTIORARI

A writ of certiorari is issued by a Superior court (Supreme Court and High
Court) to an inferior court or body exercising judicial or quasi-judicial functions
to remove a suit from such inferior court or body and adjudicate upon the
validity of the proceedings or body exercising judicial or quasi-judicial
functions.
It may be used before the trial to prevent an excess or abuse of jurisdiction and
remove the case for trail to higher court.
It is invoked also after trial to quash an order which has been made without
jurisdiction or in violation of the rules of natural justice.
IN PROVINCE OF BOMBAY V. KHUSHALDAS (AIR 1950 SC 22)
Whenever any body of persons having legal authority to determine questions

affecting the rights of subject and having the duty to act judicially acts in excess
of their legal authority a writ of certiorari lies.
This writ lies on judicial body:
This writ can availed of only to remove or to adjudicate upon the validity of
judicial acts.
Judicial acts includes the exercise of quasi-judicial functions by administrative

bodies.
The Supreme court has laid down two propositions for ascertaining whether an
authority is to act judicially;
1. If a statute empowers an authority to decide disputes arising out of a claim

made by one party under the statute which claim is opposed by another
party.
2. If a statutory authority has power to do any act which will prejudicially
affect the subject.
Grounds on which writ can be issued-
a. Where there is want or excess of jurisdiction.

b. Where there is violation of procedure or disregards of principles of natural
justice.

c. Where there is error of law apparent on the face of the record but not error of
a fact.
When it will not lie-
The writ cannot be issued against a private body.
5. QUO WARRANTO:-
The words means “what is your authority”
A holder of an office is called upon to show to the court under what authority he
holds the office.
The object of the writ is to prevent a person to hold an office which he is not
legally entitled to hold.
Under the inquiry leads to the findings that the holder of the office has no valid
title to it, the court may pass an order preventing the holder to continue in office
and may also declare the office vacant.
Who can apply?
This writ can be claimed by a person if he satisfies the court that:-
1. The office in question is a public office.

2. It is held by a person without legal authority.
Conclusion:-
Hence the above writs can be availed to protect the rights of the people. Under
Article 32 and 226 the Hon’ble Supreme court of India and High courts have
powers to grant this writs respectively.
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Q.NO. 13. DISCUSS THE SALIENT FEATURES OF HUMAN RIGHTS

ACT OF 1993.
INTRODUCTION

The protection of Human Rights Act 1993 contains 8 chapters and 43
sections.
PREAMBLE
The Act provides for the constitution of a National Human Rights

commission, state human rights Commission in states and Human Rights courts for
better protection of human rights and for matters connected therewith or incidental
therto.
Section 2 defines various terms referred in the Act,
Section 2(d): Human rights means the rights of life, liberty, equality and dignity of
the individual guaranteed by the constitution or embodied in the International
Covenants and enforceable by courts in India.
Section 3: NATIONAL HUMAN RIGHTS COMMISSION

Section 3(1): The National Human Rights commission is constituted by the central
government to exercise the powers conferred upon, and to perform the functions
assigned to it under the Act. The commission consists of,
(a) A chairperson who has been the Chief Justice of the Supreme court;
(b) One member who is , or has been, the judge of the supreme court;
(c) One member who is , or has been, the Chief judge of the High court;
(d) Two members to be appointed amongst persons having knowledge of, or
practical experience in matters relating to human rights.
Section 3(5): Head quarters of the commission:-

The headquarters of the National Commission is located at Delhi. The
commission may, however, with the previous approval of the Central Government
establish offices at other places in India.
Section 4(2): Appointment of Chairperson and other Members,
The Chairperson and other members are appointed by the President by

obtaining recommendations of committee consisting of-

a. Prime Minister-Chairperson
b. Speaker of the House of People-Member
c. Minister in charge of Ministry of Home affairs in the Government of India-
Member.
d. Leader of the opposition in the House of states-Member
e. Leader of the opposition in the council of states-Member,
f. Deputy chairman of the council of states-member.
SECTION 6(2) TERM OF OFFICE OF MEMBERS:
 A person appointed as Chairperson shall hold office for a term of 5

years or until he attains the age of 70 years whichever is earlier.
 A person appointed as a Member shall also hold office for a term of 5

years from the date on which he enters upon his office and shall be
eligible for re-appointment for another term of five years.
Section 5(2) Removal of a member of the commission:-
The Chairperson or any Member may, by notice in writing under his hand
addressed to the President of India, resign his office.
The Chairperson or any other member of the commission can be removed

from his office by order of the president on the ground of proved misbehavior or
incapacity after the Supreme Court on reference made by the President.

from his office if such person,
a. Is adjudge as insolvent; or
b. Engages during his term of office in any paid employment outside the duties
of his office;
c. Is unfit to continue
d. Is of unsound mind
e. Is convicted and sent to imprisonment for an offence

SECTION 12: FUNCTIONS AND JURISDICTION OF THE COMMISSION
(a) Inquire suo motu or on a petition presented to ti by a victim or any person on

his behalf or on a direction or order of any court into complaint of-
i) Violation of human rights or abetment thereof ; or
ii) Negligence in the prevention of such violation by a public servant;
(b) Intervene in any proceeding involving any allegation of violation of human
rights pending before a court with the approval of such court;;
(c) Visit under intimation to the state Government any jail or any other
institution under the control of the state government where persons are
detained of lodged for purposes of treatment, reformation or protection to
study the living conditions of inmates and make recommendations thereon.
(d) Review the safeguards provided by or under the constitution or any law for
time being in force for the protection of human rights and recommend
measures for their effective implementation;
(e) Review the factors, including acts of terrorism that inhibit the enjoyment of
human rights and recommend appropriate remedial measures.
(f) Study treaties and other international instruments on human rights and make
recommendations for their effective implementation.
(g) Undertake and promote research in the field of human rights;
(h) Spread human rights literacy among various sections of the society and
promote awareness of the safeguards available for the protection of these
rights through publications, the media, seminars and other available means;
(i) Encourage the efforts of NGO’s and institutions working in the field of
human rights; and
(j) Such other functions as it may consider necessary for the promotion of
human rights.
Section 13:- Powers relating to inquiries :-
(1) While inquiring into complaints under this act, the commission possesses all the
powers of a civil court trying a suit under C.P.C 1908
a. Summoning and enforcing the attendance of witnesses and examining

them on oath;

b. Discovery and production of any document
c. Receiving evidence on affidavits
d. Requisitioning any public record or copy thereof from any court or
office;
e. Issuing commission for the examination of witnesses or documents
f. Any other matter which may be prescribed.
(2) The commission shall have power to require any person to furnish any
information on such points and matters,
(3) The Commission or any officer may enter any building or place where
the commission has reason to believe that any document relating to subject-
matter of the inquiry may be found and may seize any such document or
take extracts or copies.
4) the commission is though empowered to exercise the powers of a civil
court only during the course of inquiry with complaints it can also record the
facts constituting the offence and the statement of an accused person as is
described in section 175, 178, 179, 180 or 228 of the IPC.
The commission shall forward the case to the Magistrate.
5) The commission may, after completing the inquiry, recommend to the
appropriate government or authority to take action against the person
concerned with the violation of human rights.
6) The commission shall publish its inquiry report.
Section 14: investigation

1) The commission may utilize the services of any officer or investigation
agency of the central Government or any state government.
2) The officer or agency may be subject to the direction and control of the
commission:
a. Summon and enforce the attendance of any person and examine him;
b. Require the discovery and production of any document
c. Requisition any public record or copy thereof from any office
3) The officer or agency who services are utilised under sub-section(1) shall
investigate into any matter pertaining to the inquiry and submit a report
thereon to the commission within such period as may be specified by the
commission in this behalf.

4) The commission shall satisfy itself about the correctness of the facts
stated and the conclusion, if any , arrived at in the report submitted to it
under sub-section (4) and for this purpose the commission may make
such inquiry as it thinks fit.
III. Procedure for dealing with complaints by the commission

1) All Complaints received by the commission shall be registered and
assigned a number.
It is brought before the single Bench Member bench within a week
from the date of its receipt. It the matter is of importance it shall be
brought before two member bench.
2) No fee shall be charged.
3) The complaint shall be may be Hindi or English or in any language
mentioned in the schedule in the constitution.
4) The commission may accept telegraphic complaints.
5) The commission shall have powers to dismiss a complaint
6) The chairperson shall direct the matter for inquiry or should be
investigated.
7) The compliant on which a decision is taken by the commission the
secretarial shall call for reports/from the concerned government
authority giving the latter a reasonable time therefore.
8) On receipt of the comments of the concerned authority, a detailed note
on the merits of the case shall be prepared for consideration of the
commission.
9) The commission may in its discretion, afford a personal hearing to the
petitioner or any other person on his behalf and where necessary call
for records and examine witnesses in connection with it, cross-
examination witnesses, evidence.
10) When investigation is undertaken by the team of the
commission or by any other person under its discretion, the report
shall be submitted within a week of its completion or such further
time as the commission may allow.
11) The commission or any of its members when requested by the
chairperson may undertake visits for as on-the – spot study and where

such study is undertaken by one or more members, a report thereon
shall be furnished to the commission as early as possible.
Section 18: steps taken by the National commission upon the completion of an
inquiry held.
The commission may take any of the following steps upon the completion of an
inquiry held under this Act, namely:
1) Where the inquiry discloses, the commission of violation of human rights

or negligence in the prevention of violation of human rights by a public
servant, it may recommend to the concerned government or
2) authority the initiation of proceedings of prosecution or such other action
as the commission may deem fit against the concerned person and
persons.
3) Approach the Supreme Court or the high court concerned for such
directions, orders or writs as that court may deem necessary.
4) Recommend to the concerned government or authority for the grant of
such immediate interim relief to the victim or the members of his family
as the commission may consider necessary.
5) Provide a copy of the inquiry report to the petitioner or his representative.
6) The report shall be send to the concerned government within a period of
one month.
7) The commission shall publish its inquiry report with comments on the
recommendation of the commission.
(b) State Human Rights Commission

Constitution of state human rights
commissions. Section 21:-It shall consist of,
a. A chair-person who has been a chief justice of a high court
b. One member who is or has been a judge of a high court
c. One member who is, or has been district judge in that state
d. Two members to be appointed from amongst persons having knowledge
of, or practical experience in matters relating to human rights.

3. There shall be a Secretary who shall be the chief executive officer of the
state commission and shall exercise such powers and discharge such
functions of the state commission as it may delegate to him.
4. . the headquarters of the state commission shall be at such place as the
state government may, by notification, specify.
5. The State Commission may inquire into violation of Human Rights only
in respect of matters relatable to any of the entries enumerated in List II and
List III in the 7th schedule to the commission.
JURISDICTION OF THE STATE COMMISSION

The state commission of all states have been empowered by the protection
of human rights act to inquire into the violations of only those human rights which
are pertaining to matters specified in any of the entries in List II and List III of the
seventh schedule of the constitution.
If the matter is already pending before the commission the state commission
shall not inquire the said matter.
Section 22: Appointment of Chairperson and other Members,
The Chairperson and other members are appointed by the Governor by

obtaining recommendations of committee consisting of-
a. The chief Minister-Chairperson
b. Speaker of the legislative assembly -Member
c. Minister in charge of Department of home in that state-Member.
d. Leader of the opposition in the legislative assembly-Member
Provided further that where there is a legislative council in a state, the chairman
of that council and the leader of the opposition in that council shall also be
members of the committee.
Provided also that no sitting judge of a high court or a sitting district judge shall be
appointed except after consultation with the chief justice of the high court of the
concerned state.

2. No appointment of a chair-person or a member of the state commission shall be
invalid merely by reason of any vacancy in the committee.
Section 23: Removal of a member of the commission:-

from his office by order of the president on the ground of proved misbehavior or
incapacity after the Supreme Court on reference made by the President.

from his office if such person,
a. Is adjudge as insolvent; or
b. Engages during his term of office in any paid employment outside the duties
of his office;
c. Is unfit to continue
d. Is of unsound mind
e. Is convicted and sent to imprisonment for an offence
SECTION 24: TERM OF OFFICE OF MEMBERS:

 A person appointed as Chairperson shall hold office for a term of 5 yrs or
until he attains the age of 70 years whichever is earlier.
 A person appointed as a Member shall also hold office for a term of 5 years
from the date on which he enters upon his office and shall be eligible for re-
appointment for another term of five years.
Section 28: Annual and special reports of state commission
The state commission shall submit an annual report to the state government
and also special reports.
CHAPTER 5
HUMAN RIGHTS COURTS IN DISTRICT AND OTHER PROVISIONS OF

THE ACT.

SECTION 30:- HUMAN RIGHTS COURTS
For speedy trail of offences relating to violation of human rights the State
Government with Chief Justice can establish in each district a court of session to
be a Human Rights courts to try the said offences.
Nothing in this provisions shall apply if:-
 A court is already specified as a special court;
 A special court is already constituted for such offences under
any other law in force.
Section 31:- Special public prosecutor
Section 32:- Finance Accounts and Audit Grants by the Central Government.
Section 33:- Grants by State Government
Section 34:- Accounts and Audit
Section 35:- Accounts and audit of state commission.
Miscellaneous
Section 36:- Matter not subject to jurisdiction of the commission.
Section 37:- constitution of special investigation teams
Section 38:- Protection of action taken in good faith.
Section 39:- members and officers to be public servants
Section 40:- powers of Central Government to make rules.
Section 41:- power of state government to make rules

Section 42:- power of central government to remove difficulties.
Section 43:- Repeal and savings.
Q.NO.14 DISCUSS IN DETAIL THE VARIOUS RIGHTS OF WOMEN

AND STATE THE IMPLEMENTATION PROCEDURE MADE UNDER
CONVENTION ON ELIMINATION OF DISCRIMINATION AGAINST
WOMEN .
Introduction
The convention's underlying philosophy is that discrimination against

women is incompatible with human dignity and constitutes an obstacle to the full
realization of the potentialities of women; therefore, the right of women to share
equally in improved conditions of life must be promoted and protected
The convention on elimination of various forms of Discrimination against

women 1979 was adopted by the General Assembly of the UN on 18 December
1979, and entered into force on 3 September 1981
Article 1
For the purposes of the present Convention, the term "discrimination against
women" shall mean any distinction, exclusion or restriction made on the basis of
sex which has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.
Article 2
States Parties condemn discrimination against women in all its forms, agree to
pursue by all appropriate means a policy of eliminating discriminating
discrimination against women.

(a) To embody the principle of the equality of men and women in their national
constitutions or other appropriate legislation
(b) To adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women;
(c) To establish legal protection of the rights of women on an equal basis with men
and to ensure through competent national tribunals and other public institutions the
effective protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimination against

women and to ensure that public authorities and institutions shall act in conformity
with this obligation;
(e) To take all appropriate measures to eliminate discrimination against women by

any person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish

existing laws, regulations, customs and practices which constitute discrimination
against women;
(g) To repeal all national penal provisions which constitute discrimination against
women.
Article 3
States Parties shall take in all fields, in particular in the political, social, economic
and cultural fields, all appropriate measures, including legislation, to ensure the
full development and advancement of women.
Article 4
1. Adoption by States Parties of temporary special measures aimed at accelerating
de facto equality between men and women.
2. Adoption by States Parties of special measures, including those measures

contained in the present Convention, aimed at protecting maternity shall not be
considered discriminatory.

Article 5:- States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, to
eliminate inferiority and superiority of either of the sexes.
(b) To ensure that family education includes a proper understanding of maternity

as a social function and common responsibility of men and women in upbringing
and development of their children, it being understood that the interest of the
children is the primordial consideration in all cases.
Article 6:- States Parties shall take all appropriate measures, including legislation,
to suppress all forms of traffic in women and exploitation of prostitution of
women.
Part II.,
Article 7
States Parties shall take all appropriate measures to eliminate discrimination
against women in the political and public life of the country and, in particular, shall
ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election to all
publicly elected bodies;
(b) To participate in the formulation of government policy and the implementation

thereof and to hold public office and perform all public functions at all levels of
government;
(c) To participate in non-governmental organizations and associations concerned

with the public and political life of the country.
Article 8
States Parties shall take all appropriate measures to ensure to women, on equal
terms with men and without any discrimination, the opportunity to represent their
Governments at the international level and to participate in the work of
international organizations.

Article 9
1. States Parties shall grant women equal rights with men to acquire, change or
retain their nationality. They shall ensure in particular that neither marriage to an
alien nor change of nationality by the husband during marriage shall automatically
change the nationality of the wife, render her stateless or force upon her the
nationality of the husband.
Part III
Article 10
against women in order to ensure to them equal rights with men in the field of
education.
(a) The same conditions for career and vocational guidance, for access to studies
and for the achievement of diplomas in educational establishments of all categories
in rural as well as in urban areas.
(b) Access to the same curricula, the same examinations.
(c) The elimination of any stereotyped concept of the roles of men and women at
all levels and in all forms of education by encouraging coeducation and other types
of education.
(d) The same opportunities to benefit from scholarships and other study grants;
(e) The same opportunities for access to programs of continuing education,

including adult and functional literacy programs, particularly those aimed at
reducing, at the earliest possible time, any gap in education existing between men
and women;
(f) The reduction of female student drop-out rates and the organization of programs
for girls and women who have left school prematurely;
(g) The same opportunities to participate actively in sports and physical education;

(h) Access to specific educational information to help to ensure the health and
well-being of families, including information and advice on family planning.
Article 11
1. States Parties shall take all appropriate measures to eliminate discrimination
against women in the field of employment.
(a) The right to work.
(b) The right to the same employment opportunities, and same criteria for
selection.
(c) The right to free choice of profession and employment, the right to promotion,
job security and all benefits and conditions of service.
(d) The right to equal remuneration and work of equal value.
(e) The right to social security, particularly in cases of retirement, unemployment,

sickness, invalidity and old age and other incapacity to work, as well as the right to
paid leave;
(f) The right to protection of health and to safety in working conditions.
2. In order to prevent discrimination against women on the grounds of marriage or

maternity and to ensure their effective right to work, States Parties shall take
appropriate measures;
(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of

pregnancy or of maternity leave.
(b) To introduce maternity leave with pay or with comparable social benefits
without loss of former employment, seniority or social allowances;
(c) To encourage the provision of the necessary supporting social services to

enable parents to combine family obligations.
(d) To provide special protection to women during pregnancy in types of work

proved to be harmful to them.

3. Protective legislation relating to matters covered in this article shall be reviewed
periodically in the light of scientific and technological knowledge and shall be
revised, repealed or extended as necessary.
Article 12
against women in the field of health care in order to ensure, on a basis of equality
of men and women, access to health care services, including those related to family
planning.
2. States Parties shall ensure to women appropriate services in connection with

pregnancy, confinement and the post-natal period, granting free services where
necessary, as well as adequate nutrition during pregnancy and lactation.
Article 13
against women in other areas of economic and social life, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit
(c) The right to participate in recreational activities, sports and all aspects of
cultural life.
Article 14
1. States Parties shall take into account the particular problems faced by rural
women and the significant roles which rural women play in the economic survival
of their families.

against women in rural areas.
(a) To participate in the elaboration and implementation of development planning

at all levels;
(b) To have access to adequate health care facilities.

(c) To benefit directly from social security programs;
(d) To obtain all types of training and education, formal and non-formal.
(e) To organize self-help groups and co-operatives in order to obtain equal access
to economic opportunities through employment or self- employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing facilities, appropriate
technology and equal treatment in land and agrarian reform as well as in land
resettlement schemes;
(h) To enjoy adequate living conditions, particularly in relation to housing,

sanitation, electricity and water supply, transport and communications.
Part IV
Article 15
1. States Parties shall accord to women equality with men before the law.
2. State Parties shall accord to women, in civil matters, a legal capacity identical to
that of men and the same opportunities to exercise that capacity.
3. States Parties agree that all contracts and all other private instruments of any
kind with a legal effect which is directed at restricting the legal capacity of women
shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the
law relating to the movement of persons and the freedom to choose their residence
and domicile.
Article 16
against women in all matters relating to marriage and family relations and in
particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with
their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents.
(e) The same rights to decide freely and responsibly on the number and spacing of
their children.
(f) The same rights and responsibilities with regard to guardianship, wardship,
trusteeship and adoption of children.
(g) The same personal rights as husband and wife, including the right to choose a
family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition,
management, administration, enjoyment and disposition of property, whether free
of charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and all
necessary action, including legislation, shall be taken to specify a minimum age for
marriage and to make the registration of marriages in an official registry
compulsory.
Q.NO.15. EXPLAIN THE SIGNIFICANCE OF INTERNATIONAL RIGHTS

OF CHILDREN.
INTRODUCTION:-
Children are the most privileged class of human rights. But they are the most
vulnerable section of our society. They are exploited in various ways. The U.N and
it specialized agencies have done pioneering work in this area.
UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948

Article 25 (2) :- Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlocks, shall enjoy the same
social protection.
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

1966
ARTICLE 24:-
1. Every child shall have, without any discrimination as to race, colour, sex,
language, religion, national or social origin, property or birth, the right to
such measures of protection as are required by his status as a minor, on the
part of his family, society and the state.
2. Every child shall be registered immediately after birth and shall have a
name.
3. Every child has the right to acquire a nationality
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND

CULTURAL RIGHTS 1966
Article 10(3) :- Special measures of protection and assistance should be taken on

behalf of all children and young persons without any discrimination for reasons of
parentage or other conditions.
Children and young persons should be protected from economic and social
exploitation.
Their employment in work if harmful to their morals or health or dangerous to like

or likely to hamper their normal development should be punishable by law.
States should also set age limits below which the paid employment of child labour
should be prohibited and punishable by law.
UNITED NATIONS DECLARATION ON THE RIGHTS OF THE CHILD

1959.
This declaration was drafted by the UN Commission on Human Rights and

adopted by General Assembly of the UN on 20 November 1959.
It contains 10 principles.

1. The child shall enjoy all the rights set forth in this Declaration. Every child,
without any exception whatsoever, shall be entitled to these rights, without
distinction or discrimination on account of race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth
or other status whether of himself or of his family.
2. Special protection, opportunities and facilities by law and other means to
develop physically, mentally, spiritually and socially in a healthy and normal
manner.
3. Child is entitled from his birth to a name and a nationality.
4. The child shall enjoy the benefit of social security.
5. The child of differently disabled shall be given special treatment.
6. The child for the full and harmonious development of his personality needs
love and understanding. He shall wherever possible grow up in the care and
under the responsibility of his parents.
7. The child is entitled to receive education, which shall be free and
compulsory at least in the elementary stages.
8. The child shall in all circumstances be among the first to receive protection
and relief.
9. The child shall be protected against all forms of neglect, cruelty and
exploitation. He shall not be the subject of traffic, in any form.
10.The child shall be protected from practice which may foster racial, religious
and any other form of discrimination.
CONVENTION ON THE RIGHTS OF THE CHILD, 1989.
This convention was adopted by the General Assembly on 20 November 1989.
This convention is an elaboration of human rights standards in respect of the

child. The convention on the Rights of the Child 1989 is a binding treaty to
which 176 nations have become ‘states parties’.
Article 1-3 deals with general provisions of the convention.
Art-1:- states a child means every human being below the age of eighteen years
unless, under the law applicable to the child, majority is attained earlier.
Article 6:- states about Right to life.

Article 5:- Right to family environment
Article 7: Right to name and nationality
Article 8:- Right of identity.
Article 12:- Right to Expression
Article 13:- Right to freedom of expression and impart information.
Article 14:- Right to freedom of thought, conscience and religion
Article 15:- Right to freedom of association and peaceful assembly.
Article 16:- Right to privacy
Article 17:- Right to access to information
Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
SHORT NOTES
1. RIGHTS OF DISABLED PERSONS
More than 650 million men, women and children in the world suffer from either
mental or physical disability.
Persons with disabilities include those who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may
hinder their full and effective participation in society on an equal basis with others.
In order to promote and protect the rights and dignity of persons with disabilities
General Assembly on December 19, 2001 established an Ad hoc committee for the
preparation of a comprehensive and integral international convention on the
protection and promotion of the rights and dignity of persons with disabilities.
The General Assembly on December 13 2006 adopted convention on the Rights of

Persons with Disabilities.
The convention laid down number of rights such as ,
 Right to Life,

 Equal recognition before the law
 Access to justice,
 Liberty and security of person,
 Freedom from torture
 Inhuman or degrading treatment
 Freedom from exploitation,
 Violence and abuse,
 Liberty of movement an nationality
 Freedom of expression and opinion
 Access to information and respect for privacy.
 Right to education
 Right to participate in political and public life on equal basis with others.
The convention also provided general obligation for the state parties for the full
realization of all human rights and fundamental freedom for all persons with
disabilities.
 The state parties shall adopt all appropriate legislative, administrative and
other measures for the implementation of the rights.

 To take all appropriate measures, including legislation, to modify or abolish
existing laws, regulations, customs and practices that constitute
discrimination against persons with disabilities.
 To take into account the protection and promotion of the human rights of
persons with disabilities in all policies and programmes.
 To refrain from engaging in any act or practice that is inconsistent with the
convention.
------------------------XXXXXXXXXXXXXXXXXXXXXXXXX----------------------
RIGHTS OF AGED PERSON
In 1990, the General Assembly designated October 1 as the international day

for the Elderly and renamed the International Day for Older persons.

The General Assembly on December 16, 1991 by a resolution adopted a set
of 18 principles for older persons. These principles were related to the
independence, participation, care, self-fulfillment and the dignity of the older
persons. Some of the principles are as follows:
a. Older persons should have the opportunity to work and determine when to
leave the work force.
b. Older persons should remain integrated in society and participate actively in
the formulation of policies which effect their well-being.
c. Older persons should have access to health care to help them maintain the
optimum level of physical, mental and emotional well-being.
d. Older persons should be able to pursue opportunities for the full
development of their potential and have access to educational, cultural,
spiritual and recreational resources of society.
e. Older persons should be able to live in dignity and security and should be
free from exploitation and mental and physical abuse.
The second world Assembly on ageing was held in Madrid in April 2002. It
adopted the International plan of Action and a political Declaration which stressed
the crucial importance of incorporating ageing issues into all development plans.
In the plan of Action three priorities were laid down for older persons
1. Older persons and development
2. Advancing health and well-being into old age
3. Enabling the supportive environments.
----------------------XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX--------
REFUGEES:-
Refugees are referred to those persons who leave their states in which they have
permanent residents to escape persecution or military action.
The Convention relating to the status of Refugees of 1951 defines refugees under
Article 1: “any person who owing to well founded fear of being persecuted for

reasons of race, religion, nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is unable, or owing to
such fear, is unwilling to avail himself of t he protection of that country, or who
not having a nationality and being outside the country of his former habitual
residence as a result of such events, is unable or, owing to such fear, is unwilling to
return to it.
Historical development of international refugee law.
Refugees are victims of gross human rights violations. They are a distinct
groups of individuals without the protection of a national state.
The problem of refugees is international in character because of the involvement of

two or more states in the sense that they flee from one state to other states.
International action for refugees did not start until 1920’s. Assistance to
refugees was provided through out 1920 by DR. Fridtjof Nansen of Norway. His
outstanding contribution helped in the creation of world public opinion in favour of
the creation of an international machinery for the protection and assistance to
refugees.
League of Nations on June 27, 1921, established the office of the High
commissioner for Russian refugees. Dr. Nansen was appointed the first High
commissioner on August 20, 1921. He devised a so called league of nations
passport, commonly known as Nansen passport a travel document that gave the
owner the right to move more freely across national boundaries. Nansen passport
was adopted by more than 50 states.
After the death of Nansen in 1930 the Assembly of the league of nations
abolished the high commissioner’s post and the task of the protection to refugees
was entrusted to the Nansen International office for Refugees.
INTERNATIONAL REFUGEE ORGANISATION [IRO]

The special committee on refugees and displaced persons established by the
Economic and Social council on February 16, 1946 drafted a constitution for the
new organization which was submitted to the council.
The international refugee organization, the constitution of which was approved by
the General Assembly of the United Nations on December 15, 1946 after
considering the gravity of the problems of refugees.
IRO had resettled more than a million displaced persons and refugees in new
homes throughout the world.
It repatriated approximately 73,000 to their former homelands and provided some
kind of assistance to more than 1,60,000 persons. The assistance provided by it
included the care and maintenance of refugees in camps, vocational training,
orientations for resettlements and an extensive training service.
UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (UNHCR)
The general Assembly on Dec 3 1949 decided to established UNHCR .

It head quarters is in Geneva which coordinates the activities of 274 subordinate
offices located in as many as 68 states.
The office also develops appropriated policy to curb the refugee problems.
The work of UNHCR is humanitarian, social and non-political. Its basic tasks are
to provide international protection to the refugees within the High Commissioner’s
mandate and to seek permanent solutions to their problems by facilitating their
voluntary repatriation or their assimilation within new national communities.
It focused its efforts on aiding refugees and displaced persons in world war II, but
later its effort was shifted to resettling refugees who were the victims of war,
political turmoil or natural disasters in Africa and parts of Asia and Latin America.
Convention on the status of Refugees.
The most international instrument drawn up relating to problems of refugees is

Convention on the status of Refugees.

The convention came into force on April 22, 1954. The convention has 136 states
parties.
Main provisions of the convention of 1951 are as follows,
Personal status of Refugees:- the personal status of a refugee shall be governed by

the law of the country of his residence. Rights acquired by a refugee and his
dependent on personal status, more particularly rights attaching to marriage, shall
be respected by contracting parties.
4. Movable and Immovable property: the contracting states shall accord to a
refugee treatment as favourable as possible and in any event not less favourable
than that accorded to aliens generally in the same circumstances, as regards the
acquisition of movable and immovable property and other rights pertaining thereto
and to leases and other contracts relating to movable and immovable property.
5. Civil rights: the contracting states shall provide minimum right to refugees
such as right to work, right to education and social security, freedom of religion
and access to courts without discrimination on the basis of race, religion or country
of origin.
6. Treatment of refugees:- Article 20 to 33 laid down regarding the welfare of
the refugees. Refugees are required to be treated by the state parties as their own
nationals on many aspects.
7. Illegal entry of refugees:- the contracting states shall not impose penalties on
those refugees who have illegally entered into their territories without
authorization from a territory where their life or freedom was threatened provided
they present themselves without delay to the authorities and show good cause for
their illegal entry or presence.
SOLVED PROBLEMS.
a. A man was arrested on charges of killing his wife and he was kept in
judicial custody. Every time he was brought to the court from prison he was
handcuffed. He has written a letter to the chief justice of the High Court

requesting that handcuffing be stopped as it violates his human rights. Will
he succeed.
Solution:-
Yes, he will succeed.
Reasons:-
In this above mentioned problem the right under Article 21 is violated.
Article 21:- states that “No person shall be deprived of his life or personal liberty
except according to procedure established by law”.
Case Law:-
Prem Shanker V. Delhi Administration (AIR 1980 SC 1535)
In this case the Supreme Court added yet another projectile in its armoury to be
used against the war for prison reform and prisoners rights.
In this case Justice Krishna Iyer, Delivering the majority judgement held that,
handcuffing should be resorted to only when there is ‘clear and present danger of
escape’ breaking out the police control and for this there is clear material not
merely an assumption.
Even in extreme cases, handcuffing is to be put on the prisoner, the escorting

authority must record simultaneously the reasons for doing so otherwise under Art
21 of the procedure would be unfair and bad in law.
This is implicit in Art 21 which insists upon fairness, reasonableness and justice in
the procedure for deprivation of life and liberty.
Sunil Gupta V. State of M.P. (1990) 3 SCC 119.
In this case the prisoners were handcuffed while escorting from prison to court. It
was held that this act of the escort party was violative of Art 21 of the constitution.
XXXXXXXX
b. The Tamil Nadu State Government gave permission to a company to start

chemical manufacturing factory in a village near Chennai City in the year

2011. Two big lakes are situated near the village. After two years the
chemical factory started releasing polluted waste water into one of the lakes.
This started polluting the lake water and also damaged the environment. This
resulted in health problems to villagers and they want to protect their village.
Advise the villagers.
Solution:-
It is advised to the villagers that they can file a public Interest litigation under
article 32 of the Indian Constitution against the industries to stop pollution and take
measures to clean up the lakes and also claim compensation from the industries for
the damages for health problems to villagers.
Case Law:-
Vellore Citizen’s Welfare Forum V. Union of India ( 1996) 5 SCC 650.
The facts of the case is similar to the above mentioned problem.
In this case Vellore Citizen’s Welfare Forum filed a writ petition by way of public
interest litigation drawing the attention of the court towards the pollution caused by
enormous discharge of untreated effluent by the tanneries and other industries in
the State of Tamil Nadu.
It was said that the tanneries are discharging untreated effluent into agricultural
fields.
The Supreme Court held that such industries cannot be allowed to destroy the
ecology, degrade the environment and pose a health hazard and cannot be
permitted to continue their operation unless they set up pollution control devices.
XXXXXXXXXXXXXX
c. The Government of Germany had detained Joy Adamson on the charges of

committing terrorist activities. He has been kept in prison for more than 6
months without trial. He has challenged his detention as violative of Article 5
and 6 of the European Convention on Human Rights. Decide
Solution:-

The actions of Government of Germany has violated the provisions of European
Convention.
ARTICLE -5:- RIGHT TO LIBERTY AND SECURITY
1. Everyone has the right to liberty and security of person. No one shall be
deprived of his liberty except in accordance with a procedure prescribed by
law.
a. The lawful detention of a person after conviction by a competent court;
b. The lawful arrest or detention of a person for non-compliance with the lawful
order of a court.
c. The lawful arrest or detention of a person affected for the purpose of bringing
him before the competent legal authority on reasonable suspicion of having
committed an offence or when it is reasonably considered necessary to prevent
his committing an offence or fleeing after having done so;
d. The detention of a minor by lawful order for the purpose of educational
supervision or bringing before a competent legal authority.
e. The lawful detention of persons for the prevention of spreading of infectious
diseases, unsound person, alcoholics or drug addicts or vagrants;
f. The lawful arrest or detention of a person to prevent his affecting an
unauthorized entry into the country.
2. Everyone who is arrested shall be informed promptly, in a language which
he understands, reasons for his arrest and of any charges against him.
3. Everyone arrested shall be brought promptly before a judge or other officer
and entitled to trial within a reasonable time or to release pending trial.
4. Everyone who is deprived of his liberty shall be entitled to take proceedings
5. The deprived person shall have an enforceable right to compensation.
Article 6:- Right to fair trial
In determination of his civil rights and obligations or of any criminal charge

against him, everyone is entitled to a fair and public hearing within a reasonable
time by an independent and impartial tribunal established by law.

4. A member of Watch Peace Organisation was making preparation to go
abroad. The government suspecting that after going abroad the member may
make unnecessary allegations against the government, has impounded his
passport. Is it justifiable?
Solution:-
No, the act of the government is not justifiable.
The reasons are that impounding the passport of a person amounts to violation of
Art 21 of the Indian constitution.
In Maneka Gandhi V. union of India (AIR 11978 SC 597)
In this case the meaning and content of the words ‘personal liberty’ was given tge
widest interpretation.
In this case the petitioner’s passport was impounded by the Central Government
under section 10(3) (c ) of the Passport Act 1967.
The Act authorized the Government to do so it was necessary ‘in the interest of
general public’.
In this case the petitioner challenged the validity of the said order on the following
grounds.
1. Section 10(3) (c ):- was violative of Art -14 as conferring an arbitrary power
since it did not provide for a hearing of the holder of the passport before the
passport was impounded.
2. This section is violative of Art -21 since it did not prescribe ‘procedure’
within the meaning of that Art-21
3. It is violative of Art 19 (1) (a) and (g) since it permitted imposition of
restrictions not provided in clauses (2) or (6) of Article 19.
The Supreme Court held that the Government was not justified in withholding the
reasons for impounding the passport from the petitioner.

5. Siddik was detained in jail under Preventive Detention Act. He wrote a
scientific book in prison and sought the permission of the government to send
it to his wife for publication. Government refused permission to him. Is the
stand of the government justifiable? Give reasons.
Solution,
No, the stand of the government is not justifiable.
Reasons are as follows
The act of the government violates Article 19(1) (a) and Art 21 of the Indian
Constitution.
Article 19(1) (a):- states that all citizens shall have the right to freedom of speech
and expression.
In a leading case
R.Rajgopal V. State of Tamil Nadu (1994) 6 SCC 632.
In this case a person Auto Shanker who was prisoner who had been charged and
tried for as many as 6 murders had written his autobiography and handed over to
his wife for publication with the prior approval from the prison authorities.
The editor of the magazine “Nakheeran” decided to commence the serial

publication of the autobiography and for this purpose they announced that very
soon the magazine would be coming out with the sensational life history of Auto
Shanker.
The announcement sent shock waves among several police and prison officials
who were afraid that their links with the condemned prisoner would be exposed.
They forced Auto Shanker by applying third degree methods, to write letters
addressed to the Inspector General of Prisons and the Editor of the magazine
requesting that his life story should not be published in the magazine.
The Supreme court held that the petitioners have a right to publish the
autobiography of Auto shanker in so far as it appears from the public records even
without the consent or authorization. But if they go beyond that and publish his

story, they may be invading his right to privacy and will be liable for the
consequence in accordance with law.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
PREPARED BY
JAYALAKSMI.V
ASST.PROF.
AL-AMEEN COLLEGE OF LAW
BANGALORE

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FIRST GENERATION OF HUMAN RIGHTS

The different kinds of Human rights are as follows,

NATURAL RIGHTS AND CIVIL RIGHTS

Natural rights are those that belong to individuals by virtue of their

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POSITIVE AND NEGATIVE RIGHTS

Human rights may be classified as positive rights and negative rights.

POSITIVE RIGHTS: Economic, social, and cultural rights like right to

Q.NO.3. EXPLAIN THE NATURE OF HUMAN RIGHTS

Nature of Human Rights

The nature of human rights is,

1. UNIVERSAL AND INALIENABLE

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2. INDIVISIBLE AND INTERDEPENDENT:

INDIVISIBLE: the principle of indivisibility of human rights recognizes

INTERDEPENDENT:- The principle of interdependence of human rights

All human rights are universal, indivisible and interdependent and

1. EQUAL AND NON-DISCRIMINATORY

Non-Discrimination is a cross-cutting principle in international human rights

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2. BOTH RIGHTS AND OBLIGATIONS.

Q. NO. 4. STATE THE HUMAN RIGHTS THAT ARE PROVIDED UNDER

THE U.N.CHARTER AND HUMAN RIGHTS:-

The Charter of the United Nation represents a significant advancement so far as

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Provisions of the charter concerning Human Rights:-

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Universal conventions for the protection of human rights

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Wide differences in economic and social philosophies hampered efforts to achieve

The ‘International Bill of Human Rights’ consists of the Universal Declaration of

Besides the International Bill of Human Rights, a number of other instruments

a) Conventions elaborating on certain rights, inter alia:

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 ILO 111 concerning Discrimination in respect of Employment and

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The UN Charter encourages the adoption of regional instruments for the

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C. General principles of law

At the international level, general principles of law occupy an important place in

Why are general principles used?

No legislation is able to provide answers to every question and to every possible

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D. Subsidiary means for the determination of rules of law

According to Article 38 of the Statute of the International Court of Justice, judicial

The writings of scholars contribute to the development and analysis of human

Q.NO.6. EXPLAIN THE IMPORTANCE AND PROVISIONS OF THE

UNITED NATION DECLARATION OF HUMAN RIGHTS

United Nation Declaration of human rights was adopted on 10th December1948 by

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Whereas it is essential, if man is not to be compelled to have recourse, as a

Whereas it is essential to promote the development of friendly relations

Whereas Member States have pledged themselves to achieve, in co-

Whereas a common understanding of these rights and freedoms is of the

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS

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Article 1:- Right to equality

Article 2:- No Discrimination on the ground of race, colour etc

Article 3-21:- civil and political rights