SYLLABUS

The universally accepted 'political-moral' idea of Human Rights is not alien to any of us, yet we struggle today as a global community in understanding the fundamental truth that stares us right in the eye. The past year has been nothing short of a revelation in terms of throwing light, on a wide array of issues related to Human Rights that demand immediate attention. However, many of the dilemmas that we are faced with, present no new issues. History is replete with examples of a great many such issues, that have been debated upon with much enthusiasm, by scholars more qualified than us. The attempt in this introductory lecture will be to examine these perennial problems and their most recent manifestation. We hope that our first foray into this ever-important area, will provide the proper perspective for all our participants in learning the nitty gritty of Human Rights from our illustrious and industrious panel of speakers.

Though the concept of Human Rights is believed to have its origins in the Magna Carta in 1215, its essence, in India, however, can be found in literature as early as the Vedas. Even scholars like Manu and Kautilya have reflected upon the importance of such concepts in their works. Human Rights, in India, came to be fortified with the adoption of the Constitution, guaranteeing to citizens and aliens certain imperative rights, without which one cannot be said to live a wholesome or meaningful life. Article 21 of the Constitution, despite being strictly interpreted for a few decades, was given wings with the liberal interpretation in Maneka Gandhi v. Union of India. It was this decision that enabled the Indian concept of Human rights to flourish, and thereby encompass a whole spectrum of rights as fundamental to sustenance. Nevertheless, the concept of Human rights in India, does continue to find itself in muddy waters especially when the executive organ fails to recognise or protect these rights. In this lecture, an overview of the concept of human rights in India, along with a critical analysis of its application in the present times will be deliberated upon.

‘Women’s right are human rights’

Women are entitled to enjoy the same human rights and fundamental freedoms as other individuals. International human rights treaties require States to ensure the protection and realisation of women’s rights in all areas – from property ownership and freedom from gender based violence, sexual harassment, human trafficking, workplace discrimination, to equal access to education and participation in government. As a particularly vulnerable group, women have special status and protection within the United Nations and regional human rights systems. Various international Conventions, Declarations, Legislations and Statutes have highlighted and accepted this underlying unity between women Rights and human rights. What is needed at present is the recognition of women’s rights and a continuing response to the persistent realities of the contemporary world.

One very significant group in the discussion of Human Rights are children. Until the Declaration of Geneva the basic rights of the children were not recognised at all. However with time the need to protect their fragility has been recognised and currently we have nine human right treaties that seek to protect the basic human rights of children. These conventions lay down various rights that seek to establish that children should not be treated as property of the parents or state. They are individual human beings who have equal human rights and it shall be the duty of the state to protect them. These conventions seek not only to protect the physical integrity but also mental integrity of children who are subject to aggression or are caught between situations of armed conflict. In this session the involvement of children in armed conflicts and its impact on their mental integrity, right to health and education will be discussed.

The 2017 report of ILO projects that 1 out of 10 children are employed, including hazardous work. They are either underpaid or unpaid. Child labour is a grave form of human rights vioaltion against children. Another rampant violation of child human rights is child abuse. The National initiatives and statutes will be discussed.

This course introduces the rights and recognition of indigenous people in India and International law. The rights of indigenous peoples have, over the past three decades, become an important component of international law and policy, as a result of a movement driven by indigenous peoples, civil society, international mechanisms and States at the domestic, regional and international level. Most of this work begun in 1980's and 1990's. In some regions indigenous people are known as First People and in some areas they are known as Native People. Indigenous people are the earliest known inhabitants of the area who have originally occupied that area. Previously, many attempts were made to define the indigenous people under international law. There are 370 million Indigenous people in the world. These groups are very diverse but there are common issues that affect Indigenous people globally. One of its main achievements was the General Assembly’s adoption in 2007 of the United Nations Declaration on the Rights of Indigenous Peoples, which, by 2010, was supported by the vast majority of United Nations Member States and opposed by none. It was the result of decades of negotiation between States and indigenous peoples, coming together in a spirit of partnership to endorse the Indigenous Declaration. It applies human rights to indigenous peoples and their specific situations, thereby helping to reverse their historical exclusion from the international legal system.

The UN through its treaties, commissions and conventions aims at promoting and protecting human rights. In this lecture the powers and role of the general assembly in protecting human rights; Economic & Social Council, Trustee system of U.N., International Covenant on Civil and Political Rights will be discussed. Regional Protection of Human Rights under European Convention of Human Rights will also be dealt along with a discussion on decided cases on human rights by courts in the European Union. African Charter on Human and Peoples Rights and the American Convention on human Rights will be discussed briefly.

The UN through its treaties, commissions and conventions aims at promoting and protecting human rights. In this lecture the powers and role of the general assembly in protecting human rights; Economic & Social Council, Trustee system of U.N., International Covenant on Civil and Political Rights will be discussed. Regional Protection of Human Rights under European Convention of Human Rights will also be dealt along with a discussion on decided cases on human rights by courts in the European Union. African Charter on Human and Peoples Rights and the American Convention on human Rights will be discussed briefly.

Regional human rights systems, consisting of regional instruments and mechanisms, play an important role in the promotion and protection of human rights. The Americas, Europe, Asia and Africa have all recognized their own systems of human rights regional conventions. These conventions are the localized versions of international human rights so that they provide the needs of the territory as required. There are three main regional agencies exist for the protection of human rights and they are, Europe Convention on Human Rights, the American Convention on Human Rights and the African Charter on Human Rights and People’s Rights. But Asia-Pacific does not have a regional inter-governmental human rights mechanism. The Association of Southeast Asian Nations now has a subregional human rights body covering its member countries to accelerate economic growth, social progress and cultural development in the region.

International Law of human rights are inherent in all human beings. States have an obligation in protecting and respecting human rights. It involves Nations seeking to restrain the activities of their own state and its agents. International Humanitarian or Law of Armed Conflict on the other hand means the rules which apply once an armed conflict is in progress. International human rights law applies at all times whereas International Humanitarian Law applies only to armed conflicts. Although both the regimes of law differ in scope, they offer protection to civilians and active participants in hostilities during an armed conflict. They are complementary and mutually reinforcing. The lecture will give a bird’s eye view of sources, differences, applicability, limitations, state responsibility and rights of victims.

Right to seek Asylum and Refugee are ancient concepts that have been incorporated in Human Rights. Asylum seekers and refugees are also human and have an equal right to live a life of freedom without fear. The course would remain incomplete without a discussion on the subject. In this lecture the concept and basic principles of Asylum will be analysed, the elements or essential requirements for the grant of asylum will be deliberated on and lastly the state of refugees under the international law will be examined in the light of decided cases.