HUMAN RIGHTSWhat are Human Rights? Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law , general principles and other sources of international law. International human rights law lays down obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups. History Behind Human Rights In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered the city of Babylon. But it was his next actions that marked a major advance for Man. He freed the slaves, declared that all people had the right to choose their own religion, and established racial equality. These and other decrees were recorded on a baked-clay cylinder in the Akkadian language with cuneiform script. Known today as the Cyrus Cylinder, this ancient record has now been recognized as the world‟s first charter of human rights. It is translated into all six official languages of the United Nations and its provisions parallel the first four Articles of the Universal Declaration of Human Rights. The Spread of Human Rights From Babylon, the idea of human rights spread quickly to India, Greece and eventually Rome. There the concept of “natural law” arose, in observation of the fact that people tended to follow certain unwritten laws in the course of life, and Roman law was based on rational ideas derived from the nature of things. Documents asserting individual rights, such as the Magna Carta (1215), the Petition of Right (1628), the US Constitution (1787), the French Declaration of the Rights of Man and of the Citizen (1789), and the US Bill of Rights (1791) are the written precursors to many of today‟s human rights documents are indivisible. has been reiterated in numerous international human rights conventions. economic and cultural systems. as first emphasized in the Universal Declaration on Human Rights in 1948. for example. social security and education . and 80% of States have ratified four or more. Interdependent and indivisible All human rights are indivisible. except in specific situations and according to due process. such as the right to life.Human rights are inalienable. colour and so on. Likewise. Some fundamental human rights norms enjoy universal protection by customary international law across all boundaries and civilizations. The principle applies to everyone in relation to all human rights and freedoms and it prohibits discrimination on the basis of a list of nonexhaustive categories such as sex. regardless of their political. The principle is present in all the major human rights treaties and provides the central theme of some of international human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women. such as the rights to development and self-determination. This principle. Equal and non-discriminatory Non-discrimination is a cross-cutting principle in international human rights law. as stated in Article 1 of the Universal Declaration of Human Rights. and resolutions. economic. such as the rights to work. the right to liberty may be restricted if a person is found guilty of a crime by a court of law. or collective rights. of the core human rights treaties. interrelated and interdependent.Principles/Features of Human Rights Universal and inalienable The principle of universality of human rights is the cornerstone of international human rights law. They should not be taken away. All States have ratified at least one. . The principle of non-discrimination is complemented by the principle of equality. equality before the law and freedom of expression. The 1993 Vienna World Conference on Human Rights. For example. whether they are civil and political rights. reflecting consent of States which creates legal obligations for them and giving concrete expression to universality. noted that it is the duty of States to promote and protect all human rights and fundamental freedoms. declarations. social and cultural rights. the deprivation of one right adversely affects the others. The improvement of one right facilitates advancement of the others. race. Nobody has any right to hurt us or to torture us. The obligation to protect requires States to protect individuals and groups against human rights abuses. We cannot make anyone our slave. The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human rights. 3. We all have the same right to use the law. These rights belong to everybody. We are all protected by the law. We all have the right to life. to protect and to fulfill human rights. while we are entitled our human rights. We all have our own thoughts and ideas. Fair treatment by fair courts. No Torture. Nobody has any right to make us a slave. 4. Don’t discriminate. according to the Universal Declaration of Human Rights. The right to life. 1. I am a person just like you! 7. and to live in freedom and safety. We should all be treated in the same way. States assume obligations and duties under international law to respect. The law is the same for everyone. whatever our differences. We can all ask for the law to help us when we are not treated fairly. 6. At the individual level. we should also respect the human rights of others Basic Human Rights We have 30 basic human rights. created by the United Nations in 1948 to provide a global understanding of how to treat individuals. 2. It must treat us all fairly. Nobody has the right to put us in prison without a . The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. 5. No slavery – past and present. We are all born free. We are all free and equal. 8. 9. No unfair detainment. Both Rights and Obligations Human rights entail both rights and obligations. or to change it if we want. Nobody can make us join a group if we don‟t want to. Nobody should take our things from us without a good reason. to have a religion. Freedom to move. The right to privacy. we all have the right to run away to another country to be safe. The right to trial. If we are frightened of being badly treated in our own country. Your own things. 13. If we are put on trial this should be in public. 15. 16. Men and women have the same rights when they are married. to think what we like. We all have the right to make up our own minds. Marriage and family. Nobody has the right to come into our home. 10. We all have the right to believe in what we want to believe. The people who try us should not let anyone tell them what to do. 11. 19. Every grown-up has the right to marry and have a family if they want to. We all have the right to belong to a country.good reason and keep us there. Meet where you like. open our letters or bother us or our family without a good reason. Nobody should try to harm our good name. We all have the right to meet our friends and to work together in peace to defend our rights. The right to asylum. Everyone has the right to own things or share them. or to send us away from our country. Freedom of thought. 18. Free to say what you want. 17. We all have the right to go where we want in our own country and to travel as we wish. . to say what we think. When people say we did a bad thing we have the right to show it is not true. and to share our ideas with other people. 20. Innocent until proven guilty. The right to a nationality. 14. and when they are separated. 12. Nobody should be blamed for doing something until it is proven. people who are old. 24. 30. We all have the right to affordable housing. Every grown-up has the right to do a job. We all have the right to rest from work and to relax. The right to democracy. There must be proper order so we can all enjoy rights and freedoms in our own country and all over the world. others cannot make copies without permission. The right to social security.” science and learning bring. A free and fair world. 27. to a fair wage for their work. We should learn about the United Nations and how to get on with others. Culture and copyright. Our parents can choose what we learn. education. and we should protect their rights and freedoms. Education is a right.Nobody can take away these rights and freedoms from us. unemployed or disabled. The right to education. enough money to live on and medical help if we are ill or old. 22. Our responsibilities. Every grown-up should be allowed to choose their own leaders.21. Copyright is a special law that protects one‟s own artistic creations and writings. The right to play. A bed and some food. and all people have the right to be cared for. Workers’ rights. We all have the right to our own way of life and to enjoy the good things that “art. National Human Rights Commission The National Human Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. 28. We all have the right to a good life. 1993 (TPHRA). 29.It was given a statutory basis by the Protection of Human Rights Act. medicine. and child care. and to join a trade union. 25. We all have the right to take part in the government of our country. The NHRC is the national . Primary school should be free. 26. We have a duty to other people. Mothers and children. 23. or has been. including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures Study treaties and other international instruments on human rights and make recommendations for their effective implementation Undertake and promote research in the field of human rights Engage in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications. . defined by the Act as "rights relating to life. or practical experience in.human rights institution. the Chief Justice of a High Court Two Members to be appointed from among persons having knowledge of. reformation or protection. equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants". Functions TPHRA mandates the NHRC to perform the following functions: Proactively or reactively inquire into violations of human rights or negligence in the prevention of such violation by a public servant By leave of the court. Composition The NHRC consists of: A Chairperson who has been a Chief Justice of the Supreme Court of India One Member who is. the Chairpersons of four National Commissions serve as ex officio members. or has been. where persons are detained or lodged for purposes of treatment. for the study of the living conditions of the inmates and make recommendations Review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation Review the factors. liberty. matters relating to human rights In addition. a Judge of the Supreme Court of India One Member who is. responsible for the protection and promotion of human rights. seminars and other available means Encourage the efforts of NGOs and institutions working in the field of human rights Such other function as it may consider it necessary for the protection of human rights. the media. to intervene in court proceeding relating to human rights Visit any jail or other institution under the control of the State Government. it means to take the basic rights of humanity away such as a home. Reflecting on the Dec. electricity. drink and etc. but we don‟t often see it translate on the ground. 16 gang rape and subsequent death of a 23-year-old woman in New Delhi. India experienced continued incidents of violence against women. which has garnered national and international attention in the past month. and the right things are said at the very highest level of government. “There are often very good intentions. It was released on Friday.Violation of Human Rights When you strict or violate human rights. In its report. by releasing the Verma Commission report outlining recommendations for changes in how sexual . India‟s major problem in protecting human rights is the gap between noble intentions and action. said in an interview. “The strong statements made by the government have to make a difference for people interacting with the lowest level of government” for human rights to improve. human rights is to do with treating someone as if they are “DIRT” so if you break one of those then you are violating human rights towards humans. Human Rights Watch condemned the unabated sexual violence against women in India. she said. the rights group said.” Ms. Meenakshi Ganguly. Ganguly said that the government‟s effort to respond swiftly. failed to provide protection for freedom of speech and continued to not hold public officials accountable for wrongdoing. Human Rights Watch said on Friday. the South Asia director at Human Rights Watch. Ms. India and Violation of Human Rights The protection of human rights in India took a turn for the worse in 2012. Also. food. The sharply critical assessment of India comes as part of 655-page annual review of human rights across more than 90 countries by Human Rights Watch. Ganguly said. “However. she said. “What happens when he doesn‟t?” she asked. and the renewed calls for the death penalty to be applied for those convicted of the New Delhi gang rape. In 2012 there were various incidents of the state curbing free speech. The execution of Ajmal Kasab. convicted for the 2008 Mumbai attacks. and is worried about what is said on Twitter while it arrests people for Facebook posts. including the use of sedition laws to attack civil society activists in Maoist insurgent areas. but the police officer on the ground who is supposed to register a case of rape is the face of the state. Ganguly said. sedition charges lodged against a cartoonist for a work that mocked corruption in the Indian government and the application of draconian Internet laws.assault was handled in the country. which allows soldiers to commit serious human rights violations. The ban on YouTube and Facebook in Kashmir and the arrest of two young women in Mumbai for their Facebook activity are two such incidences. Moving forward. But that effort needs to be combined with more systemic change. “At the Prime Minister‟s level and the cabinet level there might be much desire for change. India needs a stronger system of accountability for public officials and better training and sensitization of the police . whenever certain interest groups attempt to curb freedom of speech the government submits to these threats of violence. the report said. she said. she said. in order to tackle the culture of impunity within the country‟s . she said. showed a regression in criminal justice in India.” Ms. was laudable. The lack of protection for freedom of speech and the misapplication of a colonial-era sedition law continues to undermine the development of civil society and the space for dissent in India.” Ms. “There is always this argument from the top level of government in India that we believe in total freedom of speech but are concerned about law and order. the Indian government is heavy handed.” Rather than trying to understand and embrace social media as a platform for debate. the report said that India needs to revoke the Armed Forces Special Powers Act. Human Rights Watch said. Ganguly said. The onset of various environmental issues. the right to private family life and the right to property (among many others). but the granting of certain rights to individuals may damage these. In the area of environmental rights. including the protection of children from sexual abuse. Ms. Human Rights Watch said. especially climate change. as noted in the tragedy of the commons. The report also pointed to abuses by government and opposition forces in India‟s conflict-torn areas such as Jammu and Kashmir.‟ ” she said. “If India is going to be an emerging power.defense establishment. Ganguly said that while India harbors ambitions to become a permanent member of the United Nations Security Council. This second theory enjoys much more widespread use in human rights courts around the world. Human rights ultimately require a working ecosystem and healthy environment. Ganguly said. the responsibilities of multinational . as those rights are contained in many human rights documents. and Article 11 of the San Salvador Protocol to the American Convention on Human Rights). with the only constant an insistence on not interfering in the matters of other countries. The report noted India‟s effort to support United Nations resolutions to promote human rights in countries such as Sri Lanka and Syria. There have been some positive steps taken by the government in the past year. the conviction of suspects in the 2002 Gujarat riots and support for the protection of human rights in other countries. usually – the right to life. the right to health. India‟s policy tends to be reactive. Such as the conflict between right to decide number of offspring and the common need for a healthy environment. Human rights and the environment There are two basic conceptions of environmental human rights in the current human rights system. However. its global role cannot be „We will not speak for the human rights of citizens of other countries. The first is that the right to a healthy or adequate environment is itself a human right (as seen in both Article 24 of the African Charter on Human and Peoples' Rights. has created potential conflicts between different human rights. encouragement of medical care centers. the country fails to express a clear policy on various international situations. Ms. and in the northeastern states and villages considered Maoist insurgent areas.The second conception is the idea that environmental human rights can be derived from other human rights. Environmental rights revolve largely around the idea of a right to a livable environment both for the present and the future generations. Udupi (HRPF. so far relatively unaddressed by human rights legislation. NGO’s in India Protecting Human Rights All India Human Rights Organization (AIHRO) Human Rights Protection Foundation. is of paramount consideration. sovereign organisation) International Crisis Group International Federation for Human Rights International Foundation for Human Rights and Tolerance International Freedom of Expression Exchange International Helsinki Federation for Human Rights (federation of 15 other human rights organisations not included in this list.corporations. now bankrupt due to fraud) International Human Rights Administration (IHRA) International Human Rights Association (IHRA) International Human Rights Association (IHRA) International Humanist and Ethical Union International Institute of Human Rights International League for Human Rights . Udupi) Manab Adhikar Sangram Samiti (MASS) Confederation of Human Rights Organizations Forum for Fact-finding Documentation and Advocacy Human Rights Documentation Centre International NGO’s Protecting Human Rights International Alliance of Women International Association of Jewish Lawyers and Jurists International Center for Transitional Justice International Centre for Human Rights and Democratic Development International Centre for Human Rights Research International Coalition against Enforced Disappearances International Commission of Jurists International Committee of the Red Cross (private.