CEDAW - Convention on the Elimination of all Forms of Discrimination against Women ICCPR - International Covenant on Civil and Political Rights ICESCR - International Covenant on Economic, Social and Cultural Rights JJ – Juvenile Justice
NCM – National commission for minorities
NCW – National Commission for Women
NGO - Non-governmental organization
NHRC – National Human rights commission
OVW – Office on Violence against Women
PCMA – Prohibition of Child Marriage Act
PIL – Public Interest Litigation
UDHR - Universal Declaration of Human Rights
UN - United Nations
WHO – World Health Organization.
Human Rights, Development, Challenges and Democracy
The protection of Human rights act, 1993 of India, in section 2(d) defines Human rights as the “the right relating to life, liberty, equality and dignity of the individual, guaranteed by the Constitution or embodied in the international covenants, enforceable by courts in India”. The paper deals with the conce[pt and history of human rights that how human rights were officially recognized after II world war by United Nations with the primary goal of bolstering international peace and preventing conflict established a Commission on Human Rights and charged it with the task of drafting a document spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter. The Government of India did realize the need to establish an independent body for promotion and protection of human rights. The establishment of an autonomous National Human Rights Commission (Commission) by the Government of India reflects its commitment for effective implementation of human rights provisions under national and international instruments. The paper contains the major issues of violation of human rights prevalent in India and how the menace of these violations can be curbed through certain responses and strategies.
Every human being has certain interests which he seeks to exercise in the form of entitlements. These claims, liberties, powers and immunities are described under the homonym ‘rights’. These rights do not owe their existence to any law. They are gifts nature. Thomas Jefferson declared that all men are created equally and they are endowed with certain inalienable rights to life, liberty and pursuit of happiness. These rights of men and women compendiously came to be accepted as ‘Human Rights’. These are ‘irreducible minima’ which belong to every member of human race when pitted against the state or other public authorities or group, gangs and other oppressive communities. They are inviolable and cannot be legitimately denied or abrogated by any power of the state. Human rights are those minimum rights against public authority or state or person, which are available to every person by virtue of being a member of human family. They have their origin from natural law which is superior to manmade law. The protection of Human rights act, 1993 of India, in section 2(d) defines Human rights as the “the right relating to life, liberty, equality and dignity of the individual, guaranteed by the Constitution or embodied in the international covenants, enforceable by courts in India” One of the very first documents, which recognized certain human rights which were to be protected by the sovereign was the ‘Magna Carta’, which was signed by King John of England on 15th June, 1215. The Magna Carta was subsequently reaffirmed by king Edward III in 1354, whereby a further undertaking was given on behalf of the sovereign that no person would be prejudiced by any state action or be harmed, except in due process of law,...
...HRV1601: HumanRights, Values and Social Transformation
Semester 01/ Assignment 01
The Historical Background and Development of HumanRights
Table of Contents
2) The Development of HumanRights
3) Historical Documents of HumanRights
3.1) The English Bill of Rights (1689)
3.2) The American War of Independence (1775-1783)
4) Developing and Maintaining a HumanRights Culture in South Africa
5) The South African Constitution
6) The South African Bill of Rights
A right is an inherent, irrevocable entitlement held by all human beings from the moment of birth. According to Ndungane (as stated in Slater 2010:19), “A humanright is a right that a human person has simply by virtue of being a human person, irrespective of his or her social status, cultural accomplishments, moral merits, religious beliefs, class membership or cultural relationships”. Basic humanrights are not earned or deserved, and should not be considered a privilege, but an imperative implement for the well-being and...
...Democracy and HumanRightsDemocracy and humanrights are clearly different notions; “they are distinct enough for them to be viewed as discreet and differentiated political concepts.” Whereas democracy aims to empower “the people” collectively, humanrights aims to empower individuals. Similarly, humanrights is directly associated with the how of ruling, and not just the who, which may be the case in an electoral democracy, though not in a substantive democracy. Thus, “democracies” exist that do not necessarily protect humanrights, while some non-democratic states are able to ensure some, though not all, humanrights. On another level, the international acceptance, institutionalization, and legal aspects of humanrights mentioned above do not apply to democracy.
These distinctions have influenced the traditional separation of the theories and fields of humanrights and democracy. From the humanrights perspective, many have adhered to the separationist theory, which argues that “democracy is not immediately needed for the observation of humanrights and that the...
...Democracy is a very popular form of government. Every nation of the world today either desires to be a democracy or claims to be one. Today, it is a magic word. If truly interpreted it means freedom, justice and equality for all classes of people. Democracy assumes human beings to be basically good, rational and capable of self-restraint.
In other words, democracy ensures humanrights. Broadly speaking, humanrights include right to life, liberty, property and security of an individual which have been guaranteed in our Constitution.
Democracy confers certain rights on the people. But unfortunately these rights are abused in the name of resisting oppression. The rights that those systems of governments bestow on everyone need to be balanced by certain duties and limits. Rights give status to each human being irrespective of his or her talents or the lack of them.
They imply that each human being counts purely by virtue of the fact that he or she is human and that he or she is entitled to be treated in a particular way. Rights which are largely based on the fundamental objective of social good provide protection from oppression. It ensures protection to every section of society including the neglected and...
...Humanrights are not a given in all countries around the world and the same is true democracy. Half the world 's population live without democracy. The development of democracy has come a long way in Norway and the rest of Europe. The development of humanrights have occurred in parallel with democracy and there is a great deal of similarities between the two.
The individual is central to humanrights and democracy. In humanrights by individuals with their own rights and democracy by enabling the expression 's meaning by choice. Democracy and humanrights are complemented by the fact that humanrights are increasingly respected in a democracy because people vote for what is in their best interest . Contraindications in a dictatorship where the dictator will do what is best for him and minorities are excluded . Often, humanrights are violated . We have many rights in democracy set of several smaller rights . An example of these rights are social rights, where we have included the right to social security, which is the fundamental social...
...Interveners: “Friend of the court” who are individual or organization that have a special interest in the proceedings and are allowed to promote their own views.
Guarantee: S.I of the charter guarantees rights and freedooms but also states that they are subject to ‘reasonable limits’
- the grounds for ‘reasonable limits’ were set in R. vs. Oaks, 1986... ‘The oakes test’
The Fundamental Freedoms
Section 2(a), freedom of conscience and religion, means you have theright to entertain the religious belief you can choose, to declare these beliefs you choose, to declare these beliefs openly without fear, and to express you religious beliefs through practice, worship, teaching and discrimination… cant be forced to act in a way contrary to your religious beliefs.
-However this right is also limited by the rights of others, (ex.) while parents can engage in religious activity, these activity may be stopped if they are not in the best interest of the child.
Under S. 2(b) the freedom of thought and expression in writing, speech, painting, photography and other media is guaranteed… believed key to democracy.
- a key case was Irwin Toy ltd. V. Quebec (1989) concerning the limitation on the Quebec consumer protection Act placed on advertising aimed at children under 13.… the court ruled that the Quebec Act was an infringement and the countries can advertise in any was the want. Today, child...
...the question of humanrights has received a great deal of attention. Today, violation of humanrights is seriously taken note of by international bodies and by champions of democracy. It is in this backdrop that most countries have set up their own independent National HumanRights Commissions.
Humanrights are those rights which are fundamental for living and for normal human existence. They are based on the concept that every man and woman, irrespective of caste, creed, colour, race and nationality is born with certain fundamental rights such as, right to live, speech, freedom, justice, etc. These rights are, therefore, enshrined in the constitution of the countries. In order, that these basic rights are maintained and adhered to by the nations of the world, United Nations Organisation adopted a Charter of humanrights soon after its formation. The Universal Declaration of Humanrights which UN adopted on 10th Dec. 1948 enumerates some of these basic rights of man. These are rights to live, liberty and security of person, right to freedom of speech, judicial remedy, freedom of movement, right to take part in the governance of one’s country, etc. The...
...Humanrights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Humanrights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in local, regional, national, and international law. The doctrine of humanrights in international practice, within international law, global and regional institutions, in the policies of states and in the activities of non-governmental organizations, has been a cornerstone of public policy around the world. The idea of humanrights states, "if the public discourse of peacetime global society can be said to have a common moral language, it is that of humanrights." Despite this, the strong claims made by the doctrine of humanrights continue to provoke considerable skepticism and debates about the content, nature and justifications of humanrights to this day. Indeed, the question of what is meant by a "right" is itself controversial and the subject of continued philosophical debate.
Many of the basic ideas that animated the human...
...Are humanrights innate and universal?
Post WWII on the 10 December 1948, the Universal Declaration of HumanRights (UDHR) was espoused by the General Assembly of the United Nations in order to agree on the notion that such atrocities that occurred throughout the Great War and the Second World War would not ever be reciprocated. The document that was drawn up in less than two years by the UN and Western states, and although ambitious it would guarantee a premise for life and living for every individual all over the world. The UDHR are founded on nobility, equality and reverence, and are said to be aimed at all cultures and religions within the West and East of the globe. However there is great discrepancy regarding the justification and practicality of humanrights all over the world due to political, economic and cultural differences and limitations. Universal means that ‘something’ affects, applies or is completed by everyone all over the world – there is no distinctive bias shown and equal policies are applied. Innate, in relation to humanrights, means that people are given natural rights purely based on the fact that he/she is human and alive. Therefore, are humanrights universal and innate or is the Universal Declaration of Human...