HR

1. Definition of Human Rights (Start with Authority).

——-> “Human rights are those rights which are
inherent to human beings by virtue of their humanity.”
– UN General Assembly Also define with Article 1 of
UDHR and Indian Constitution (Art. 14, 21)
(Or)
Human rights are fundamental, inalienable rights that belong to
every human being, regardless of nationality, gender, ethnicity,
or status. They are protected by national laws and international
treaties. ( AND )
Human rights are not granted by any authority — they are
inherited by every human by birth.
*. As per Section 2(1)(d) of the Protection of Human Rights Act, 1993 (India):

“Human rights mean the rights relating to life, liberty, equality, and dignity… guaranteed by the
Constitution or international covenants.”

*.As per UDHR, 1948:

“All human beings are born free and equal in dignity and rights.”

2. Historical Origin (Very Important for 12 Marks)

• Magna Carta (1215) – Right against arbitrary rule
• Bill of Rights (1689, UK) – Parliamentary supremacy
• French Revolution (1789) – Liberty, Equality, Fraternity
• US Bill of Rights (1791) – Individual freedoms
 • Post-WWII & UN Charter (1945) – Foundation for
UDHR
• Universal Declaration of Human Rights (1948) –
Landmark document
Era Contribution
Dharma, Nyaya, Danda Neeti emphasized welfare, fairness,
Ancient India
justice
Magna Carta (1215) First written limitation on king’s power in England
English Bill of Rights
Asserted civil liberties
(1689)
French Revolution (1789) Introduced liberty, equality, fraternity
US Bill of Rights (1791) Guaranteed civil-political rights
UN Charter (1945) Post-WWII initiative to protect global rights
UDHR (1948) First international document on human rights

3. Classification of Human Rights

Generatio
Rights Included
n
1st Gen Civil & Political Rights (Right to life, freedom, equality)
2nd Gen Economic, Social, Cultural Rights (education, health)
Collective/Solidarity Rights (environment, peace,
3rd Gen
development)

III. MEANING & NATURE OF HUMAN RIGHTS

Features:
• Inalienable (cannot be taken away)
• Universal (apply to all)
• Indivisible (all rights are equally important)
• Interdependent (right to food affects right to health, etc.)
• Dynamic (evolve with society, e.g., digital privacy)
Indian View:
Influenced by ancient ethical principles:
• Rajneeti: Governance based on welfare
• Dharma Neeti: Righteous conduct
• Lok Neeti: Public accountability
• Nyaya: Justice
• Danda Neeti: Law enforcement and discipline

4. Theories of Human Rights

Theory Core Idea
Natural Law Theory Rights are inherent and universal
Legal Positivist
Rights are created by law, not natural
Theory
Sociological Theory Rights evolve from social needs
Marxist Theory Human rights are tools of the capitalist class
Focus on individual dignity and international
Idealist Theory
values
e.g., Natural Law = Basis for UDHR and Fundamental Rights.
Theory Explanation
Natural Law Rights are given by nature, not by law — basis of UDHR
Theory
Natural Rights
Man has rights because he is human (Locke, Rousseau)
Theory
Positive Law Rights come only from state/legal systems (Austin, Bentham)
Theory
Utilitarian Greatest happiness for the greatest number (rights may be
Theory sacrificed for public good)
Liberal Theory Emphasizes liberty, individual freedom (John Stuart Mill)
Cultural Rights must respect cultural differences (clash with
Relativism universalism)
Will Theory Rights = freedom to act (Holder has control)
Interest Theory Rights protect important interests (Even animals can have rights
under this)
*. APPROACHES TO HUMAN RIGHTS
Approach Key Insight
Marxist Human rights are a bourgeois illusion — focus on economic
Approach equality
Third World Challenges Western-centric rights — argues for collective,
Approach developmental rights
Feminist Argues HR frameworks ignored women’s issues —
Approach demands gender-specific rights

5. Legal Basis in Indian Context

• Part III – Fundamental Rights (Art. 14–32)
• Directive Principles (Part IV) – Socio-economic rights
• Protection of Human Rights Act, 1993

Legal Maxims to Use (Anywhere Relevant):

• Audi alteram partem – Right to fair hearing

• Ubi jus ibi remedium – Where there is a right, there is a
remedy
• Salus populi suprema lex – Welfare of the people is the
supreme law

*. HUMAN RIGHTS VIOLATIONS

Definition:
Violation = any act or omission that breaches a legally
protected human right
Causes:
• Discrimination (gender, caste, religion)
• Corruption
• Political violence
 • Poverty
• Abuse by state (police brutality, custodial deaths)

*. DIFFERENCE: HR VIOLATIONS vs OFFENCES

Human Rights Violation Legal Offence
Can be social or legal Must be legally defined crime
May not always be punishable Punishable under IPC/CrPC
Usually private individuals or
State or non-state actors
state
Often goes to NHRC or UN
Goes to criminal courts
bodies

CONCLUSION:

(“Injustice anywhere is a threat to justice everywhere.” – Martin Luther King

Jr.)

(“Rights we claim not from throne or sword,

But by birth, by law, in global accord. From ancient codes to modern voice,
Human rights make justice our choice.”)

Human rights are the soul of constitutional governance,

rooted in history and driven by law and morality. As future
lawyers, we must not only learn but apply them in every
field of justice and advocacy.
—-
(INTRO -
“Rights we claim not from throne or sword,
But by birth, by law, in global accord.
From ancient codes to modern voice,
Human rights make justice our choice.”
STORY TO RECALL U-1

In ancient kingdoms, justice came from dharma

and danda — rulers practiced nyaya under
rajneeti to ensure peace.
But kings often abused power. So people fought
for equality and dignity — from Magna Carta in
England to Bastille Day in France.
Then came WWII horrors. In 1948, the world
said: Enough! — and adopted the Universal
Declaration of Human Rights.

These rights are not gifts — they are part of us.

Whether through natural law, will theory, or
positive law, they aim to protect dignity, freedom,
and justice.

But not all rights are seen the same. Marxists see
them as tools of capitalism. Feminists say the law
ignored women. Third World scholars demand
rights for development and survival.

In India, rights reflect lok neeti (public good),

nyaya (justice), rajneeti (governance), and
dharma (duty).
But still, we see violations — police abuse, child
labour, torture, injustice. Sometimes these are not
even offences, but they still violate human
dignity.

That’s why learning the theories and

understanding the causes helps you not just pass
the exam, but also argue for real justice in court.
—
“Rights aren’t written just to read,
But to protect when people plead.
Law gives them form, but truth gives them
power,
They grow in justice, hour by hour.” )

————————-

UNIT 2 – INTERNATIONAL HUMAN RIGHTS LAW: SOURCES, TREATIES, SYSTEMS

& ENFORCEMENT

Introduction:
Human rights are universal, inalienable rights that protect dignity, equality, and liberty. Post-WWII,
they became a global concern through UN initiatives and were reinforced in India by constitutional
mechanisms.

Global Framework of Human Rights

1. UN Charter (1945)
• Foundation of international human rights
• Article 1(3) – Promotes respect for human rights and fundamental freedoms

2. Universal Declaration of Human Rights (UDHR, 1948)

 • 30 Articles of civil, political, social, and economic rights
• Not legally binding, but globally respected
• Basis for many Indian constitutional rights
3. ICCPR (1966)
International Covenant on Civil and Political Rights
• Right to life, speech, privacy, fair trial, vote, religion
• India is a signatory
4. ICESCR (1966)
International Covenant on Economic, Social and Cultural Rights
• Right to education, health, work, social security
• Also binding on India

Indian Legal Framework of Human Rights:

1. Constitution of India
Article Right
Art. 14–18 Right to Equality
Art. 19–22 Right to Freedom
Art. 23–24 Right against Exploitation
Art. 25–28 Right to Freedom of
Art. 32 Religion
Right to Constitutional
Remedies
DPSPs (Art. 36–51) Promote socio-economic
rights
Protection of Human Rights Act, 1993
• Defines Human Rights in India (Section 2(1)(d))
• Established:
• National Human Rights Commission (NHRC)
• State Human Rights Commissions (SHRC)
• Human Rights Courts in each state
NHRC Powers:
• Inquire into human rights violations
• Visit jails, review safeguards, promote awareness
• Recommend compensation
Limitations:
• Cannot enforce punishments
• Advisory role only
• Overload of complaints

—-I. SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW

1. Treaties (Conventions & Covenants)

These are formal legal instruments binding upon the states that ratify them.
Examples: UDHR, ICCPR, ICESCR, CEDAW, CAT, CRC

2. Customary International Law

Practices followed by states out of a sense of legal obligation.

• Ex: Prohibition of slavery, genocide, torture

• Binding even on non-signatories

3. General Principles of Law

Recognized by civilized nations (e.g., due process, natural justice)

4. Judicial Decisions & Writings of Scholars

Secondary sources: ICJ judgments, writings of international legal experts

II. NORMATIVE FOUNDATION OF HUMAN RIGHTS LAW

Human rights treaties follow a specific legal process:

Adoption Process:

1. Drafted by committees or special rapporteurs

2. Adopted by UN General Assembly

3. Signed by member states

4. Ratified by national governments (may add reservations)

5. Becomes binding upon ratification

III. INTERNATIONAL BILL OF RIGHTS (Collective Term)

1. Universal Declaration of Human Rights (UDHR) – 1948

◦ 30 articles: Civil, political, economic, social, and cultural rights

◦ Not legally binding, but forms customary international law

◦ Adopted after WWII & Holocaust — led by Eleanor Roosevelt

◦ Inspired most constitutions (incl. India)

Erga Omnes: Rights in UDHR are owed to all humanity and enforceable globally

2. International Covenant on Civil and Political Rights (ICCPR) – 1966

 ◦ Legally binding treaty

◦ Rights: Right to life, liberty, fair trial, speech, religion, vote, no torture, etc.

◦ Improvises over UDHR by:

▪ Adding enforcement mechanism

▪ Allowing derogations only in public emergencies

◦
◦ State Obligations: Respect, Protect, Fulfil

◦ Treaty Body: Human Rights Committee

◦ Optional Protocols:

▪ 1st: Individual complaints to UN body

▪ 2nd: Abolishes death penalty

3. International Covenant on Economic, Social and Cultural Rights (ICESCR) – 1966

◦ Rights: Education, health, housing, work, social security

◦ Not immediately enforceable (progressive realization)

◦ Treaty Body: Committee on Economic, Social and Cultural Rights (CESCR)

◦ State Obligations:

▪ Take steps to progressively realize these rights

▪ Non-discrimination

◦
◦ Optional Protocol (2008):

▪ Allows individual complaints

▪ Grants interpretive power to CESCR

IV. IMPLEMENTATION & ENFORCEMENT MECHANISMS

1. UN Human Rights Council

 • Monitors rights violations globally

• Conducts Universal Periodic Review of each country

2. Treaty Bodies
Treaty Monitoring Body
ICCPR Human Rights Committee
ICESC
CESCR
R
CEDA Committee on Elimination of Discrimination Against
W Women
CRC Committee on Rights of the Child

• States submit reports every few years

• Bodies issue General Comments, Concluding Observations, and may hear individual
complaints

V. REGIONAL HUMAN RIGHTS SYSTEMS

System Key Treaty Monitoring Body
European Convention on Human Rights (ECHR) European Court of Human Rights
European
– 1950 (ECHR)
Inter- Inter-American Commission +
American Convention on Human Rights – 1969
American Court
African Charter on Human and Peoples’ African Commission + African
African
Rights – 1981 Court
Comparison:

• European System: Strongest enforcement; binding judgments

• Inter-American: Focus on Latin American rights, includes economic rights

• African: Includes group rights, e.g., development, culture, solidarity

VI. CHALLENGES IN ENFORCEMENT

• No international police force

• States often ignore UN body recommendations

• Non-ratification of protocols

• Political influence in Human Rights Council

• Cultural relativism and state sovereignty claims

• Funding & access issues in regional systems

VII. INDIA’S POSITION IN INTERNATIONAL HR LAW

• India signed and ratified:

◦ UDHR (accepted as guiding document)

◦ ICCPR, ICESCR, CEDAW, CRC

•
• Indian Constitution reflects global rights:

◦ Art. 14–32 (Fundamental Rights) = ICCPR

◦ DPSPs (Art. 36–51) = ICESCR

•
• Indian courts use international law in interpretation:

◦ Vishaka v. State of Rajasthan (CEDAW used)

◦ People’s Union v. Union of India (Right to food = ICESCR)

VIII. CONCLUSION

International human rights law creates a global legal shield for dignity and justice.

Treaties like ICCPR and ICESCR move human rights from moral ideals to legal duties. Though
challenges exist, the system continues to evolve toward global accountability.

——//———-

A Story That Starts with Suffering… and Builds a World of Rights

ACT 1: FROM HORROR TO HOPE

The world saw war, genocide, torture, and silence.

Then the world said: “Never Again.”

In 1945, the United Nations was born, not just to prevent wars — but to protect human dignity.

In 1948, Eleanor Roosevelt held up a document:

ACT 2: THREE PILLARS OF GLOBAL RIGHTS

To turn ideas into enforceable law, the world drafted the International Bill of Rights, built on 3
mighty pillars:
1. UDHR (1948)

– The Blueprint

• 30 articles

• Right to life, speech, education, equality, freedom

• Not legally binding, but it shaped the future

• Became customary law and led to many constitutions

It was hope in ink. Dignity in writing. Justice for a

2. ICCPR (1966)

– The Shield

• Rights: Life, liberty, privacy, fair trial, religion, speech

• Gave enforcement mechanisms

• Had Optional Protocols (for complaints and ending death penalty)

• Created the Human Rights Committee to monitor violations

This covenant made the rights real — turning paper into

3. ICESCR (1966)

– The Ladder

• Rights: Education, health, housing, food, social security

• Said: Not everything can happen now — but countries must progressively realize them

• Supervised by CESCR (Committee)

• Optional Protocol (2008) allows complaints

ACT 3: THE WATCHERS OF JUSTICE – TREATY BODIES

Like guardians, UN treaty bodies read reports, send warnings, and guide countries:

• Human Rights Committee

• CESCR

• CEDAW Committee

• CRC Committee
 • UN Human Rights Council – reviews every country

ACT 4: THE REGIONAL ARMIES OF RIGHTS

1. European System

• ECHR + European Court of Human Rights

• Strongest system — court judgments are binding

• Ex: You can sue a country like UK or France for torture

2. Inter-American System

• American Convention on Human Rights

• Covers civil & socio-economic rights

• Includes Latin American nations

3. African System

• African Charter of Human and Peoples’ Rights

• Unique: Protects group rights, cultural rights, development

• Includes duty-based language (duties to society)

ACT 5: CHALLENGES ON THE ROAD

• Some countries sign but don’t follow

• Others ignore the reports

• Political influence weakens UN

• Relativism: “Our culture is different”

• Lack of enforcement powersRights exist. But they must be enforced — not just praise

ACT 6: INDIA’S ROLE ON THE GLOBAL STAGE

India may not shout, but it walks with the law.

• Signed and ratified ICCPR, ICESCR, CEDAW, CRC

• Our Constitution mirrors UDHR:

◦ Fundamental Rights = ICCPR

◦ DPSPs = ICESCR
 •
• Our courts use international law:

◦ Vishaka case used CEDAW

◦ Right to food case used ICESCR

◦ Right to life now means dignity, privacy, health, education — not just breathing

EPILOGUE: RIGHTS FOR ALL, ENFORCEMENT BY LAW

International Human Rights Law is not perfect — but it’s powerful.

From treaties to tribunals, from ideals to action, it tries to hold power accountable and protect the
powerless.

“Law is the voice of the voiceless when written with justice.”