Ppt human rights

SURBHI SINGH

Roll no-R450212112

SAP ID- 500022419

HUMAN RIGHTS AT INTERNATIONAL RELATIONS

Meaning of Human Rights

• Human Beings are rational beings. They by virtue of their being human possess certain basic and inalienable rights which are commonly known as human rights.

• Human Rights are defined as all those rights which are essential for the protection and maintenance of dignity of individuals and create conditions in which every human being can develop his personality to the fullest extent may be termed as human rights.

• Human rights become operative with the birth of an individual. Human rights, being the birth right, are inherent in all the individuals irrespective of their caste, religion, sex and nationality.

• Because of their immense significance to human beings ; human rights are also sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights.

• The World conference On Human Rights held in 1993 in

Vienna stated in the Declaration that all human rights

derive from the dignity and worth inherent in the human

person , and that the human person is the central subject

of human rights and fundamental rights.

INTRODUCTION

• Even though the origin of human rights is ancient, the international concern with human rights may be said to be of comparatively recent origin. The UN Charter marks the advent of systematic human rights protection within the International system.

• The idea of human rights is as old as humanity, its systematic proclamation and declaration are more recent. The world’s first bill of human rights was discovered on a clay tablet dating back from the reign of Cyrus the Great (555- 529 BC)

• The documents which form the historical foundation of modern human rights jurisprudence are the English Bill of Rights (1688), the American Declaration of Independence (1776) and the French Declaration of Rights of Man (1789).The legal process in the universality of human rights effectively commenced with the Universal Declaration of Human Rights 1948 (UDHR).

MODERN HUMAN RIGHTS

• Human rights is one of such rights which has been conferred to individuals by the states in the modern International Law.

• The modern perspective to human rights is reflected in the Vienna Declaration adopted by the World conference on Human rights in June 1993. The declaration categorically states that all human rights are universal, indivisible and interdependent and inter-related and that democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. The conference reaffirmed the right to development as a universal inalienable right and an integral part of the fundamental human rights.

• The legal process in the universality of human rights effectively commenced with the universal declaration of human rights 1948 (UDHR).

• Adoption of the UN charter in the aftermath of the Second World War can rightly be considered as a landmark in the journey towards universal acceptance of human rights.

• Through a long process of evolution , modern human rights jurisprudence has crystallized into three basic principles:

1. The principle of universal inherence: Every human being has certain rights, capable of being enumerated and defined which are not conferred on him by any ruler, nor earned or acquired by purchase, but which inhere in him by virtue of his humanity alone.

2. The principle of inalienability: no human being can be deprived of any of those rights by the acts of any ruler or even by his own act or in a democracy even by the will of the majority of the sovereign people.

3. The rule of Law : Where rights conflict with each other, the conflicts must be resolved by the consistent, independent and impartial application of just laws in accordance with just procedures.

• An individual can seek human rights only in an organized

community, i.e. a state , or in other words where the civil social

order exists. Thus the principle of protection of human rights is

derived from the concept of man as a person and his relationship

with an organized society which cannot be separated from universal

human nature.

• Human rights being essential for all- round development of the

personality of the individuals in the society be necessarily protected

and be made available to all the individuals. They must be

preserved, cherished and defended if peace and prosperity are to be

achieved . Human rights are the very essence of a meaningful life

and to maintain human dignity is the ultimate purpose of the

government.

KINDS OF HUMAN RIGHTS

• There are two kinds of human rights :1. civil and political rights.2. economic social and cultural rights

1. Civil and political rights: Civil rights and liberties are referred to those rights which are related to the protection of the right to life and personal liberty . They are essential for a person so that he may live a dignified life. such rights include right to life, liberty , right to privacy, freedom from torture and right to own property. These rights also known as (freedom from).

Whereas political rights may be referred to those rights which allow a person to participate in the government of a state. For e.g. right to vote, right to be elected and right to take part in conduct of public affairs.

• The nature of both civil and political rights may be different but they are inter-related and therefore it does not appear logical to differentiate them. This reason led to the formulation of one covenant covering both civil and political rights into one covenant i.e. International Covenant on civil and political rights.

2. Economic, social and cultural rights: Economic, social and cultural rights are based fundamentally on the concept of social equality( also called ‘freedom to’) are related to the guarantee of minimum necessities of the life to human beings . In the absence of these rights the existence of human beings is like to be endangered.

• Right to adequate food, clothing, housing and adequate standard of living and freedom from hunger, right to work , right to social security, right to physical and mental health and right to education are included in this category of rights.

• These rights sometimes called positive rights require active intervention, not abstentions on the part of the states. The enjoyment of these rights requires a major commitment of resources and therefore their realization cannot be immediate as in the case of civil and political rights.

• Although the United Nations has recognized the above two sets of

rights in two separate Covenants i.e. International covenant on

civil and political rights ( ICCPR) and International covenant on

economic social and cultural rights ( ICESCR) there is a close

relationship between them. It has been rightly realized especially

by the developing countries that civil and political rights can have

no meaning unless they are accompanied by social, economic and

cultural rights. Thus both categories of rights are equally

important and where civil and political rights do not exist, there

cannot be full realization of economic, social and cultural rights

and vice versa.

International Human Rights Law

• International human rights law has been developing extensively since the creation of the United Nations. The most fundamental point about human rights law is that it establishes a set of rules for all the people of all the states.

• Human rights is international in the sense of it being universal, applying to all the individual. However, international human rights law refers mainly to the obligations of states to individuals within their jurisdiction. When states fail to assure realization of human rights to the individuals within their jurisdiction international obligation arises. Thus, obligations to provide human rights individuals is mainly intra-national and in some cases international.

• Thus a state is not free to treat its nationals as it pleases despite the fact that it is sovereign. The greatest impact of human rights law has been to erode the absolute control which a state had in the classical period.

• The efforts for the creation of an international organization, in order

to establish peace, were being made even when the World War II

was in progress. Many declarations adopted by the conference laid

down the importance of human rights. The declaration of the United

Nations signed on January 1,1942 at Washington was the first

document which used the term human rights.

• Thus, human rights became a matter of International concern with

the end of World War II and the founding of the United Nations.

Since then international human rights law has been developing in

an unprecedented way and has become a very substantive part of

International law as a whole. Although there is no global

government as such to protect human rights, it is being protected

by the various bodies of the United Nations and the inter-

governmental organizations.

Promotion and Protection of Human Rights by the United Nations

• The prime responsibility for the promotion of human rights under the U.N Charter rests in the General Assembly, in the Economic and Social Council and its subsidiary body i.e. the council on human rights.

• The term protection of human rights which may mean implementation and enforcement action does not find place in the U.N Charter. When human rights violations assume massive dimensions, the General Assembly and other organs of the UN can initiate discussion and action. Among the United Nations agencies only the Security Council and the International Court of Justice can engage in enforcement action; only they have a competence to pass a binding resolution or issue a binding judgment. Enforcement is thus the authoritative application of human rights.

• The United Nations in the past has been able to promote and protect human rights by certain ways which are as follows:

1. Human Rights Consciousness- the first and the most important role which the United Nations has played is that it has made the people and the states conscious about the human rights and fundamental freedoms.

2. Codification of the law of human rights- The United Nations has codified the different rights and freedoms by making treaties for all sections of the people such as women, child, workers, refugees, etc.

Council on Human Rights

• The Economic and Social Council (ECOSOC) , a principal organ of the United Nations was most directly concerned with the question of human rights. The Council under Article 68 of the U.N Charter was empowered to set up commissions for the promotion of human rights and such other commissions as may be required for the performance of its functions. The council may also meets annually in Geneva for six weeks beginning in March. The commission may also meet between annual sessions to deal with urgent human rights situations.

• The council as determined by its terms of reference was directed to prepare recommendations and reports on the following items:

1. On international bill of rights2. International declarations and conventions on civil liberties, the

status of women, freedom of information .3. The protection of minorities.4. The prevention of discrimination on grounds of race, language or

religion

Universal Declaration of Human Rights

• The idea for the protection for human rights and fundamental freedoms was conceived in the Atlantic Charter (1941) and in the Declaration of the United Nations (1942).

• The Universal Declaration of Human Rights was adopted in 1948 with an aim to enumerate human rights for all the people. The UDHR has inspired a rich body of legally binding international human rights treaties. It continues to be an inspiration to all whether in addressing injustices, in times of conflicts and in our efforts towards achieving universal enjoyment of human rights.

• The Preamble of the Universal Declaration proclaims the declaration as a common standard of achievement of all people and all nations.

• The Universal Declaration contains 30 Articles . It enumerate the basic principles of human rights in a most comprehensive manner. Out of 30 articles , while 21 articles enumerated civil and political rights, 6 articles cover economic and social rights.

• It is to be noted that the Universal Declaration does not permit a state to derogate from their obligations in public emergency which threatens the life of the nation. Thus even in such cases the rights cannot be suspended.

Legal Effect of the Declaration • The Universal Declaration set for the International community a

common standard of achievement. It recognized the inherent dignity and the equal and inalienable rights of all people in all nations. It is the duty of the States regardless of their social, political and economic systems to promote and protect human rights.

• The Universal Declaration was not intended to be legally binding and therefore it did not impose any legal obligations on the States to give effect to its provisions. In other words from the legal point of view, the declaration was only recommendation and not strictly binding on the states.

• The declarations addresses right to all people and all nations whether they are members of the United Nations or not.

• The main object of the Declaration was to present the ideas of human rights and freedoms in order to inspire everybody to work for their progressive realization. The message conveyed is one of hope, equality, liberation and empowerment.

• International humanitarian law is a branch of International Law which provides protection to human beings from the consequences of armed conflicts.

• Humanitarian Law deals with those matters which have an impact of armed conflicts on the life ,personal integrity and liberty of human beings. Thus humanitarian law may be referred to that body of law which defines those principles and rules which limit the use of violence in times of war. These rules are inspired by principles of humanity and they are meant to avoid human sufferings and brutality in armed conflicts. However, those rules of war which are based on humanitarian considerations or motivations are called humanitarian law.

• International Humanitarian Law has much in common with the law of human rights since both is concerned with the protection of the individuals nevertheless there are important differences between the two. First difference is that International humanitarian law is applied during the time of armed conflicts whereas the law of human rights is applied in peace time.

International Humanitarian Law

• The second difference is that the state which becomes a party to a human rights treaty assumes an obligation to treat all person within the jurisdiction in accordance with the provisions of the treaty .Humanitarian Law is primarily made up of treaties, agreements between states intended to have binding legal effect between the parties that have agreed to them and are binding only between States which are parties to those treaties.

• International humanitarian law applies to all armed conflicts, i.e. international armed conflicts as well as non-international armed conflicts. International conflicts may mean an armed clash between two or more states whereas non-international armed conflicts which take place in the territory of a state between its armed forces. e.g.. civil war are included in non-international armed conflicts.

Case Study

• Malala Yousafzai a Pakistani School girl know for her activism for

rights to education and for women especially in the Swat Valley,

where the Taliban had at times banned girls from attending

School. After this United Nations special envoy for Global

Education Gordon Brown launched a UN petition which helped

lead to the ratification of Pakistani first right to education bill.

• Over the years many form of discrimination have come to be

recognized including racial, gender and sexual discrimination.

Another type of discrimination is against LGBT individuals

(Lesbian, Gay, bisexual, and transgender individuals.

• Human Rights violations in Srilanka. The conflict in Sri Lanka has

been one of the greatest offenders in Human Rights Violations. In

this case the Government of Sri Lanka and the separatist

Liberation Tigers of Tamil Eelam (LTTE) are accused of violating

Human Rights. LTTE were known as the most vicious and

dangerous terrorist groups in Sri Lanka.

CONCLUSION

• Presently there is a widespread acceptance of the importance of

human rights in the international structure. However, one will not

hesitate to admit that there is a confusion prevailing as to its

precise nature and scope and the mode of International Law as to

the protection of these rights. One valuable lesson that the

history of human rights teaches us is that they are not static but

are developed in response to new modes of political thought and

changes in the international environment.

REFRENCES• The Globalization of World Politics ( An introduction to International

relations) – By John Baylis , Steve Smith, Patricia Owens.

• International Law and Human Rights- By NK Jayakumar.

• International Law and Human Rights- By Dr. H.O. Agarwal.

• International Human Rights and humanitarian Law – By Rene provost

• International Law- By Malcolm N Shaw.

• International Law and Human Rights- By Dr. S.K. Kapoor.

• Human Rights violations in Sri Lanka www,hrw.org/asia/sri Lanka.

• www.bbc.co/uk/news magazine Malala Yousafzai 

• www.amnestyusa.org lgbt rights.

• https://www.aclu.org/lgbt-rights