B. A. – 4th Semester – Winter Drive 2012
Subject Name: Human Rights.
Subject code: BAC 402
4 credits (60 marks)
Answers for 10 marks questions should be written within 350 – 450 words. Answers for 8 marks questions should be written within 250– 350 words. Answers for 5 mark questions should be writtenwithin 150 – 200 words. Answers for 2 mark questions should be answered as per the requirement. ___________________________________________________________________ Note: Each question carries 10 Marks. Answer all the questions. 1. What are the three parts of the concept of equality? Discuss on Gender Equality. (2 + 8 = 10 marks)
2. Describe biodiversity and cultural diversity. (5 + 5 = 10 marks) 3. Explain Article 24 of the Convention on the Rights of the Child. (10 marks) 4. Discuss derogable and non-derogable rights. (10 marks)
5. Discuss Salmond’s views on duties and rights. (10 marks) 6. Explain Multilateral Treaties. (10 marks)
1. What are the three parts of the concept of equality? Discuss on Gender Equality. (2 + 8 = 10 marks)
Three Parts of concept of equality are as under.
Gender equality has been defined by the various world bodies in terms of human rights, specially the right woman and economic development. Gender equality has been defined by UNCEF as “Leaving the playing fields for girls and woman by ensuring that all children have equal opportunity to develop their talent”. It has been declared by the United Nation Population Fund that woman has right to equality. “ Gender equity” is one of the goals of the United Nations millennium project the project claims, “Every single goal is directly related to woman’s right, and societies where woman are not afforded equal rights as men never achieved development in sustainable manner.” In late 19th centuries the suffragette movement started in western countries who achieved gender equality major focus on property rights in marriage, gender liberation and feminism that resulted in changes made in to the laws. Now movement continued to focus on change in attitude of society on specific issues. That has led to make another changes in lawa related to anti sex discrimination. It was also seen a cultural shift in the attitude to equality in education opportunity for both boys and girls and also resulted in changes to social view regarding equal pay for equal work for both men and woman. Now it can be seen in so many countries that woman are working in the areas that were primarily considered to be man’s work like woman are working in Army, police, aviation and fire fighters. It has also been seen that men are also associated to the work that was meant for woman only. Another change has been seen that in most countries woman have stopped taking the surname of her husband. Though these changes are more common in western countries but lot has to be done in nonwestern countries as far as change in attitude of society towards gender equality. I believe that continuous movement will definitely help to change the attitude of society towards gender equality 2. Describe biodiversity and cultural diversity. (5 + 5 = 10 marks) Biodiversity
It defines as a degree of variation of life forms within a society or ecosystem. Biodiversity is necessary for existence of healthy ecosystem.In modern world lot of changes in ecosystem is being made by human that is directly affecting in negative to the ecosystem that is resulting in to unbalancing the ecosystem that subsequently lead to extinction of some to many species in longer period of time. It has been seen that some species are not existing or extinct from the planet and it can be thought that it was never discovered. Lots of changes are being made in terms of cutting the trees, urbanization leads to destroy of forest leading to unbalanced ecosystem. Efforts are also being made in terms of lots of movement like...
2010, April 27
Right To Information Act 2009
M S Siddiqui
A citizen of a free and democratic country has the right to have access to information and know everything happening around him. It is a fundamental right of every citizen as enshrined in the UN resolution in its very first session in 1946, stating that 'Freedom of information is a fundamental humanright.'
It is interesting to note that the right to information laws existed about 200 years before the UN resolution was adopted. Sweden passed its Freedom of the Press Act in 1766.
Access to information is a basic democratic right. The access to information or freedom of expression is the precondition to fulfillment of all other rights in a democratic society.
The developing countries are lagging behind in this respect. There is pressure from media and civil society groups, both domestic and international, for greater access to government information. International bodies, donors such as World Bank, International Monetary Fund etc. are promoting such laws in developing countries and have drafted guidelines or model legislation to promote freedom of information. This is an effort on their part to increase government transparency and reduce corruption. Transparency challenges corruption and creates opportunities for the poor and neglected people.
The Charter of the United Nations requires that all member states “promote and encourage respect for humanrights and for fundamental freedoms for all without distinction as to race, sex, language, or religion”. In order to provide a common understanding of these rights, the Universal Declaration of HumanRights was adopted by the General Assembly of the United Nations on December 10, 1948. In simple language, it describes the rights shared by all human beings, and sets “a common standard of achievement for all peoples and all nations”.
In the years since, the principles of the Universal Declaration have been elaborated and given greater legal force through the negotiation of a series of international treaties, notably the:
International Covenant on Economic, Social and Cultural Rights
International Covenant on Civil and Political Rights
Convention on the Elimination of All Forms of Discrimination Against Women
Convention Against Torture
International Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Rights of the Child
However, there remained a number of disagreements between countries, notably about the relative importance of different types of rights.
In 1993, the nations of the world came together in Vienna to reaffirm their...
We will deal with each of these in turn, with reference to international legal instruments and bodies. We will observe first of all how the rights of individuals, although falling outside the province of international law as it was conceived in the1600s, began to seep into the framework of international legal rules over the centuries, eventually coming to prominence during the 'humanrights era' that followed the end of the Second World War. We will consider secondly the various mechanisms that have been put in place by the international community in order to deal with the enforcement and observance of individual rights enshrined in international legal instruments. Lastly, we will critically assess the claim that questions about individual rights should be the sole concern of domestic legal systems.
The scholars who laid the intellectual foundations of international law in the Western world, like Hugo Grotius (1625) and John Locke (1690), all stressed in their writings that legal systems, be they domestic or international, were founded in natural law and commonly accepted standards of (Christian) morality. It may seem surprising, therefore, that for centuries the rights of individuals played no significant role in the framework of international law. International law, as the name suggests, was the body of legal rules governing the relations...
...universal application of humanrights has invited many debates with various scholars arguing for and others taking the notion as being contextually based. This paper wishes to show how humanrights are universal, taking into consideration the international covenants and treaties that states have assented to in a bid to show how humanrights are observed, though the degree of respect varies from society to society. However, Beetham (2000: 16) postulates that to think of humanrights as a matter with different layers of exactness depicts a shallow understanding and lack of respect to the human species. Under the same anointing, Douzinas (2000: 16) poses the question, “how can humanrights lie in the eyes of the beholder or the purveyor of power?” Having said the above, it becomes crystal clear that by virtue of being human beings, humans are entitled to enjoy some natural rights as will be shown in essay through the use of various state constitutions, treaties, conventions and literal practices. Writing on an analytical sense, this paper would argue that humanrights cannot be contextually based because the idea of respecting individual rights embodies the concrete definition of humanity itself regardless of where this principle is applied....
...a) Outline the nature of the violation
Torture is a serious humanrights violation and is strictly prohibited by international law however it still does continue in majority of the countries around the world. Torture is an act of deliberately inflicting severe pain on someone without any legal causes. Torture is not only physical pain but also includes the act of causing mental pain as well such as threats to family or loved ones. Torture has been used as a punishment to intimidate or control a person. The term torture includes a variety of methods such as severe beatings, electric shock, sexual abuse and rape, hard labour, near suffocation etc. Torture is considered a violation of humanrights under Article 5 of the UN UDHR which states ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’.
A location in which torture occurs is Guantanamo Bay detention camp (GTMO) in Cuba. GTMO is a detainment and detention facility of the United States located within Guantanamo Bay Naval Base. The facility was established by the Bush administration to hold detainees from the war in Afghanistan and later in Iraq. It is operated by the Joint Task Force Guantanamo of the United States government in Guantanamo Bay Naval Base, which is on the shore of Guantánamo Bay. A few torture methods being inflicted upon the detainees of GTMO includes sleep deprivation, beatings, locked in confined...
...Declaration of HumanRights
Article XXVI: Right to Education
The Universal Declaration of HumanRights was drafted in 1948 and one of the articles, article XXVI deals with protection of the fundamental rights, 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 humanrights 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
The right to education is a universal right and is recognized as a humanright. It includes the right to free, non biased and non political primary education for everyone, to make secondary education at least accessible...
...torture is an unacceptable practice.
The aim of this essay is to critically analyse how the Committee against Torture and the HumanRight Committee have both generated a rich jurisprudence on the extent of state obligations related to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment beyond the traditional view of or preventing the use of torture in interrogations.
Torture has received so many international recognition due to its wide use in the Second World War. Torture is clarly defined in section 1 (1) of the Convention against Torture as ‘…any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession’. Other explanation of torture is that it ‘…is intended to humiliate, offend and degrade a human being and turn him or her into a thing’.1
There is a wide record of the use of torture since the history of mankind. For example, in the Roman law, it was customary to apply torture as a way of uncovering the commission of a crime.2 Also, there were reports of torture being permitted in situations where a confession was needed for a punishment in Japanese and Chinese criminal code.3. Also, the United Nations in its Special Rapporteur on torture in 1987 to the United Nations HumanRights Commission, indicated that torture is a common...
...Humanrights refer to the natural or basic rights and freedoms to which all people are entitled to. Traditionally, the rights and freedoms of citizens were protected by an Act of Parliament or by the judges in developing the common law. Prior to World War II, the convention for the protection of humanright and freedom was drafted in 1950s by the Council of Europe. It was drafted because of disgust with fascism and an anxiety to protect basic freedom. On 1953, it has developed to become an international treaty, which all 47 countries of the continent of Europe are bound by the European Convention of HumanRights and Fundamental Freedoms 1950, also known as ECHR. United Kingdom (UK) was one of the first countries to sign the Convention in November 1950. Although it entered into force in the UK on 3rd Sept 1953, UK chose not to incorporate its terms into domestic law. Therefore UK was only bound to ECHR on the matter of international law and not within the domestic legal system. During 1960s, there are few parties concerned had campaigned for the enactment for HumanRights Act in UK. These parties are the commentators and public interest groups. However, due to several criticisms and the reluctant of UK government to pass such legislation, the HRA did not enact until 1998. Though the convention did not incorporate into domestic law, UK...