National Law Institute
University Bhopal
Syllabus -BA. LLB Hons.
VI Semester
Human Rights Law
Course teacher-
Dr Sushma Sharma
January 2023
INTRODUCTION
Development of human right in the post second world war period is the
major phenomena which has affected both international community of
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states and individuals who are the citizens of a state. Human Rights
provide protection to citizens and other individuals residing in a state
and protect their rights not only from any kind of discrimination and
violations from the state itself but also from the other human beings. The
Human rights were first recognized in the charter of United Nations and
data their covered in the instruments in detail like International treaties
and declarations also. The course has been specifically designed to cater
the needs and interests of the students. The course has been divided into
10 units and it begins by examining the concept and nature of human
rights include in the philosopher current political bases of the
international Human Rights movement, probing the ongoing debate over
universality, culture and human rights.
The course introduced it introduces the main United Nations and
regional systems for human right protection and promotion and in so
doing provide a tool for analyzing conflict and various forms of
interventions attempting to promote peace and Justice. The course is
designed to keep in the view the requirement to acquaint the students
with the methodology of human rights learning and practicing. The
course challenges the student to think as human rights advocates and
their examination of a specific foreign and national policy including the
strategy to promote human rights, it covers the details of development of
international Criminal Court, human Rights Commission and the
intersection of humanitarian and human rights law introduction to the
crimes against humanity with specific advocacy strategies concerning
globalization and transnational institutions. The lecture method will be
adopted along with encouragement of highly participatory approach to
promote active learning.
OBJECTIVES
To explain the existing international law and associated legal and
political mechanisms of human rights in both theory and practice
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from legal, historical, philosophical, political and social science-
based perspectives.
To develop in-depth insight into the constitutional, statutory and
institutional aspects of human rights protection in India , discuss
and explain different forms of promoting and implementing human
rights, domestically as well as on the international level and the
role of human rights in contemporary issues relating to terrorism,
religion, ethnicity, gender and development
To analysis constitutional provisions dealing with human rights
and special legislations dealing with protection of vulnerable and
marginalized groups and undertake discussion on institutional
framework in India dealing with protection and enforcement of
human rights.
LEARNING OUTCOMES
By the end of the course students should be able to:
Explain the historical growth of the idea of human rights and
demonstrate an awareness of the international context of human
rights and analysis and evaluate concepts and ideas.
Demonstrate a good understanding of the provisions under the
Constitution of India dealing with human rights.
Display a good understanding of the nature and scope of special
legislations dealing with protection of human rights of
marginalized and vulnerable sections.
Demonstrate a good understanding of the practical application of
human rights law to specific human rights problems in India.
Analyze complex human rights problems and apply relevant
provisions of human rights law in India to a hypothetical
situation/case study and a theoretical knowledge of the
underpinnings of the human rights framework in India, its
operation and issues associated with its implementation.
COURSE CONTENTS
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Unit 1: Introduction to Human Right and Duties: Concept and Nature
The Basic Concepts - Human rights as universal, inherent, inalienable
rights and moral rights; Universal human rights vs. Cultural
Relativism-Different Generations of Human Rights -Philosophical
Perspective - Gandhian Perspective (Ruskin, Thoreau, Tolstoy): State,
Power, Swaraj- Ambedkar - Feminist Perspective
Unit 2: Origin and Evolution of Human Rights
Human Rights in Ancient Thoughts - Human Rights in Middle Ages,
Magna Carta - Modern Movement of Human rights-American
Declaration of Independence-American Bill of Rights, The French
Revolution and its goals of Liberty, Equality and Fraternity, Marxist
Revolutions, Anti-Colonial Movements-
Unit 3: International Standard Setting—Universal Declaration of
Human Rights (1948) - Impact of the UDHR on the Constitutions of
the, New States - International Standards: UN Sponsored or, Core
“International Conventions on Human Rights: International Covenant
on Civil and Political Rights (ICCPR), International Covenant on
Economic, Social and Cultural Rights (ICESCR), Convention on the
Elimination of All Forms of Discrimination against Women
(CEDAW), Convention against Torture, Rights of Child Convention,
Convention on the Rights of Migrant workers, Convention against
Racial Discrimination (CRD), Convention on Rights of Persons with
Disabilities (CRPD)
Unit 4: State and Individual Liberty
Human Rights and International Politics: Emergence of a New
Global Order— Tehran Conference (1968)—Vienna Conference
(1993) - International Humanitarian Law: 1949 Geneva Conventions
and Additional Protocols of 1977—International Red Cross Society -
International Criminal Tribunals(Rwanda and Former Yugoslavia)
and the International Criminal Court (ICC) - International
Intervention: The Question of Nation-State, Citizenship and
Sovereignty - Right of Self-Determination: Autonomous
Movements, Secessionist Movements - Grassroots Movements and
Human Rights
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Unit 5: UN and Various International Agencies
UN: Establishment, Objectives, and the Charter Provisions - UN
Principal Organs: General Assembly, Economic and Social Council,
Security Council - Subsidiary Organ: Human Rights Council - The
Human Rights Council Advisory Committee - Specialized Agencies:
UNICEF, UNESCO, ILO, WHO, UN High Commission for
Refugees (UNHCR) - UN Commission on the Status of Women -
UN High Commissioner for Human Rights
Unit 6: INGOs and NGOs
International Commission of Jurists (ICJ), Amnesty International
(AI), Human Rights Watch, Greenpeace - People’s Union for Civil
Liberties (PUCL), People’s Union for Democratic Rights (PUDR) and
Other Civil and Democratic Rights Organizations in India.
Unit 7: Growth Models and Human Rights
Models of Development: Growth Approach, Basic Needs Approach,
Sustainable Human Development, Rio Declaration on Environment
and Development, 1992, Rio +20, Conservation of Natural Resources,
Agenda 21, Bio-Diversity Convention 1992 - Globalization and
Human Rights: Dynamics of Globalization, Emergence of Market
Forces, World Trade Organization: Implication for Human Rights,
Impact on Developing Countries with special reference to India -
Intellectual Property Rights: Patents Law, Trade Related Intellectual
Property Rights (TRIPS), Trade Related Investment Measures
(TRIMS),General Agreement on Trade and Services (GATS),
Agreement On Agriculture (AOA)
Unit 8: Human Rights and Indian Constitution
Indian Constitution: Constitutional Vision of Freedom: Fundamental
Rights and the International standards - Constitutional Vision of
Justice: Directive Principles of State Policy and international
standards - Public Interest Litigation (PIL), Indian Judiciary and
Human Rights - Judicial Interpretations: Landmark Judgments
Fundamental Duties - Constitutional Amendments - Fundamental
Duties
Unit 9: Constitutional Governance
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Rule of law, Good Governance - Fundamental Rights and Repressive
Laws: Preventive Detention and Anti-Terrorist Legislations -
Imposition of National Emergency - The Criminal Justice System:
Crime, Punishment and Human Rights with Special Reference to IPC
&Cr. P.C. and Indian Evidence Act - Economic, Social and Cultural
Rights: The Directive Principles of State Policy- Legislation for the
Weaker Sections - Human Rights Enforcement: The Protection of
Human Rights Act, 1993, NHRC, State Human Rights Commissions,
Human Rights Courts - Human Rights Education: Problems and
Prospects
Unit 10: International Enforcement of Human Rights
Human Rights Committee (HRC) - Committee on Economic and
Social Rights (CESCR) - Committee on Elimination of All Forms of
Discrimination against Women (CEDAW) - European Court of
Human Rights (ECHR) - Inter-American Commission on Human
Rights - Inter-American Court of Human Rights - African
Commission on Human and Peoples‟ Rights - African Court of
Justice and Human rights 2008
Essential Readings-
Philip Alston and Ryan Goldman, International Human Rights in
Context of Law, Cases, Materials and Commentary, politics and
Morals, (Oxford University Press, 2013)
Oliver De Schutter, international Human Rights Law Cases, materials
and Commentary (Cambridge University Press. 2010)
Jatindra Kumar Das, Human Rights Law and Practice, PHI Learning
Pvt . limites, Eastern Economy Edition ,2016
