MODULE 2 Flashcards
(126 cards)
1
Q
When was the Universal Declaration of Human Rights (UDHR) adopted?
A
10 December 1948
2
Q
What is the significance of the UDHR?
A
It established a common standard of human rights for all peoples and nations
3
Q
Which articles of UDHR emphasize equality and non-discrimination?
A
Articles 1
4
Q
Does the UDHR create legally binding obligations?
A
No
5
Q
What are civil and political rights under UDHR?
A
Rights like life
6
Q
What are the two main UN covenants on human rights?
A
ICCPR and ICESCR
7
Q
What is the full form of ICCPR?
A
International Covenant on Civil and Political Rights
8
Q
What is the full form of ICESCR?
A
International Covenant on Economic
9
Q
What rights are non-derogable under ICCPR?
A
Right to life
10
Q
What is the monitoring body of ICCPR?
A
Human Rights Committee (HRC)
11
Q
What optional protocols exist under ICCPR?
A
Right to petition (First OP) and abolition of death penalty (Second OP)
12
Q
What are derogable rights?
A
Rights that can be suspended during national emergencies under Article 4 of ICCPR
13
Q
What rights are protected under ICESCR?
A
Rights to work
14
Q
Is there a list of non-derogable rights in ICESCR?
A
No
15
Q
What is the monitoring body for ICESCR?
A
Committee on Economic
16
Q
Which body established CESCR?
A
ECOSOC (Economic and Social Council)
17
Q
Why was ICCPR split into two covenants?
A
Due to ideological differences—civil-political vs. socio-economic rights
18
Q
How does CESCR help monitor rights?
A
It evaluates state reports
19
Q
How does ICCPR enforce rights?
A
Through HRC reviews
20
Q
What is the International Bill of Human Rights?
A
UDHR + ICCPR + ICESCR + Optional Protocols
21
Q
Has India ratified the ICCPR and ICESCR?
A
Yes
22
Q
Has India ratified the Optional Protocols?
A
No
23
Q
How does ICCPR treat minorities?
A
Article 27 protects cultural
24
Q
What is Article 1 common to both ICCPR and ICESCR?
A
Right to self-determination
25
What is the major difference in implementation between ICCPR and ICESCR?
ICCPR allows immediate implementation and petitions; ICESCR is progressively realized and was initially without complaint mechanisms
26
What is the role of General Comments?
They clarify treaty provisions and guide states in implementation
27
What does the Vienna Declaration say about the two covenants?
It affirms their interdependence and equal importance
28
Name a famous quote on UDHR's significance
"UDHR is the Magna Carta of Mankind" — Eleanor Roosevelt
29
Who called UDHR a "blueprint for human dignity and well-being"?
Kofi Annan
30
UN CHARTER AND H R
UN Charter where the phrase ‘human rights and
fundamental freedoms’ were repeatedly mentioned. The Charter also provided for the
establishment of a subsidiary body under the Economic and Social Council for the
promotion and protection of human rights. That subsidiary body came to be known as
the Commission on Human Rights (now replaced by Human Rights Council
31
Intention behind UDHR
niversal Declaration of Human
Rights (UDHR) was adopted in 1948, which was intended to prevent the kind of
atrocities that Nazis had committed during the Second World War
32
Two principles come across as the most important pillars of human rights norm-setting
effort in the post-Second World War period.
principles of equality andnon-discrimination. The principles appear in the initial articles (Articles 1, 2 and 7) of theDeclaration and the two Covenants as well.
Article 1 says that all are ‘born free and equal in dignity and rights’
Article 2 entitlement to rights to everyone ‘without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or status’
33
Article 27 UDHR
The lone provision on cultural rights is included in Article 27 that seeks to guarantee the right to participate in the cultural life of the community. This provision is also seen as a collective right
34
Structure of UDHR
Preamble,30 articles ,4 parts
Articles general in nature ( Articles 1-2)
civil-political rights (Articles 3-21)
socio-economic-cultural rights (Articles 22-27/29)
Concluding provisions (Article 28-30)
35
Which UDHR Article guarantees the right to life liberty and security of person?
Article 3
36
Which Article prohibits slavery in the UDHR?
Article 4
37
Which Article prohibits torture and degrading ill-treatment?
Article 5
38
Which Article prohibits arbitrary arrest?
Article 9
39
What rights are covered under Articles 10
11
40
Which Article guarantees freedom of movement?
Article 13
41
Which Articles protect freedom of opinion and assembly?
Articles 19 and 20
42
Which Articles cover right to asylum and nationality?
Articles 14 and 15
43
What rights are granted under Articles 16
17
44
Why has Article 17 (right to own property) received criticism?
It is seen as promoting capitalism and hindering systemic change
45
Why is Article 21 (right to participate in government) seen as ideologically biased?
It emphasizes representative democracy over other political systems
46
What is the focus of Article 22?
Right to social security
47
What are the rights listed under Article 23?
Right to work
48
What does Article 24 guarantee?
Right to rest and leisure
49
Which UDHR Article covers the right to an adequate standard of living?
Article 25
50
Which Article guarantees the right to education?
Article 26
51
What is the focus of Article 27?
Right to participate in the cultural life of the community
52
How is Article 27 different from other rights in UDHR?
It emphasizes a collective right over individual rights
53
Which is the only UDHR Article that imposes duties on individuals?
Article 29 only provision that imposes duties on every individual towards the community and the permissible lawful limitations on the exercise of the rights in the interest of ‘the just requirements of morality, public order and the general welfare’.
54
Contributors to UDHR
Rene Cassin, Eleonor Roosevelt, Johh Humphrey
55
Importance of the Universal Declaration of Human Rights (UDHR)
1. **Foundation of Global Human Rights Framework**
The UDHR was the first international declaration to emphasize the *individual* as the subject of international law, bringing personal dignity, freedom, and equality to the center of human rights discourse.
2. **Moral and Normative Authority**
Despite not being a binding treaty, the UDHR has *immense moral, legal, and political influence*. It has guided the development of international human rights law and is cited globally in legal, political, and academic platforms.most important documents that were designed to proclaim a vision by the United Nations, and as a set of goals that states aspired to pursue and accomplish; it has cast tremendous legal, political, moral and normative impact.
3. **Universal Appeal and Recognition**
The use of the term *“universal”* rather than “international” emphasizes that it belongs to all people and not just states. It has been embraced by countries of every ideology, civil society organizations, and individuals across the world. Declaration proclaimed rights in the name of “all peoples and all nations”.The Declaration brought individual to the centre of human rights debate andmade him/her the object as well as subject of international human rights law
4. **Source for National Constitutions and Laws**
Newly independent nations in the 1950s–60s incorporated UDHR principles such as *equality, liberty, and non-discrimination* into their national constitutions, statutory laws, policies and programmes designed to protect fundamental rights and freedoms
5. Inspiration for Global Treaties and Customary Law
It laid the groundwork for major binding treaties like the *ICCPR* and *ICESCR*, and many regional and national human rights instruments cite it as an authoritative source.incredible influence it wields and the remarkable acceleration it has lent to the development of human rights legal instruments at the global and regional level. Many of those documents acknowledge The universal Declaration as their source of authority.
6. **Enduring Relevance**
UN Secretary-General Kofi Annan and former UN High Commissioner Mary Robinson both acknowledged the UDHR as the *ethical and juridical cornerstone* of global human rights, retaining relevance even decades after its adoption. act as a basic reference point for international human rights – it is considered to be an authoritative elucidation of the phrase ‘human rights and fundamental freedoms’ mentioned in the UN Charter. Two pages of French Declaration weighed more than whole libraries and more than all of Napoleon’s armies.The remark is also fitting for the Universal Declaration”
7. **Moral Force for Activism**
The UDHR serves as a reference and justification for human rights activism, influencing NGOs, courts, UN bodies, and civil society, even in the absence of enforceable obligations.moral force, a ground for justification and legitimacy, for all those struggling to ensure respect for human rights. The adoption of human rights instruments, the creation of customary international human rights law, every demand for human rights practices within the states, the moral justification for the activities of several NGOs – all these dramatically get nestled, either entirely or in part, in the principles and norms enunciated by the Declaration.
8. **Cited in International Jurisprudence**
Bodies like the *International Court of Justice* and organs of the *United Nations* regularly invoke the UDHR, second only to the UN Charter in authority. best-known and most cited human rights document in the world.In UN organs, the Declaration has an authority surpassed only by the Charter. It is invoked constantly in the General Assembly, the Security Council and other organs. The international Court of Justice also has invoked the Declaration in the Iranian Hostages
Case
56
reasons for 18 years delay in drafting covenants
Covenants were the most comprehensive human rights treaties; they contained not only almost all the basic rights of the individual but also provided measures for their implementation.
since the UN membership saw a considerable increase while these Covenants were being drafted, discussion on individual articles became unwieldy and it also became difficult for UN bodies to accommodate and harmonise the interests of all the nations
57
What does ICCPR stand for?
International Covenant on Civil and Political Rights
58
What obligation do States Parties have under the ICCPR?
To respect and ensure civil and political rights to all individuals within their territories.
59
What is Article 1 of the ICCPR about?
The right of self-determination of all peoples.
60
What are derogable rights under ICCPR?
Rights that can be suspended or limited during times of emergency or conflict.
allow a state to suspend them during the time of external or internal emergency, to impose reasonable restrictions in the interest of public order, morality and the realisation of rights by others, or to enter reservations and declarations with respect to those rights
61
When can derogable rights be restricted?
During war
62
What principle must still be respected during derogation?
The principle of non-discrimination.
63
What are non-derogable rights?
Rights that cannot be suspended
the non-derogable rights which cannot be derogated from, limited or suspended under any circumstances. Also, a state cannot derogate from these rights in the sense that no reservations or declarations can be made by a state with regard to these rights while ratifying the Covenant
64
How many non-derogable rights are listed in Article 4?
Seven.
65
Name a non-derogable right under ICCPR.
Right to life (Article 6).
66
What does Article 7 protect?
Freedom from torture or cruel
67
What is protected under Article 8?
Freedom from slavery.
68
What is protected under Article 11?
No imprisonment for failure to fulfill a contractual obligation.
69
What does Article 15 ensure?
No punishment through retroactive application of criminal law.
70
What is Article 16 about?
Right to be recognized as a person before the law.
71
What is protected under Article 18?
Freedom of thought
72
What right is given in Article 9?
Right to liberty and security.
73
What does Article 10 of the ICCPR protect?
The right of detained persons to be treated with humanity.
74
What is the focus of Article 12?
Freedom of movement and choice of residence.
75
What does Article 13 cover?
Freedom of aliens from arbitrary expulsion.
76
What right does Article 14 provide?
The right to a fair trial.
77
What freedom is ensured under Article 19?
Freedom of opinion and expression.
78
What does Article 22 protect?
Freedom of association.
79
What does Article 23 guarantee?
The right to marry and found a family.
80
What political rights are protected under Article 25?
Right to vote
81
What does Article 26 uphold?
Equality before the law.
82
What is guaranteed under Article 27?
Minority rights: to enjoy culture
83
Why is Article 27 significant?
It is the only enforceable provision for comprehensive minority rights in international treaties.
84
Can states make reservations on non-derogable rights?
No
85
What distinguishes ICCPR from UDHR?
ICCPR is a binding treaty
86
Part IV of ICCPR
(Articles 28-45) provides for the establishment of an 18-member Human Rights Committee to monitor the implementation of the Covenant. It is also known
as a treaty body. The Human Rights Committee was established in 1976 as a monitoring body of the ICCPR
87
Significance of HR committee
-It has issued several general comments that have created a body of jurisprudence on issues related to human rights
-helping in the implementation of the Covenant better. -Within the UN human rights treaty regime, the Human Rights Committee is widely seen as an important body that has developed and redefined the human rights standard through its general comments on the provisions of the ICCPR and through its suggestions and recommendations on applications received under the individual communication procedure.
The Committee thus contributes to the maintenance of an elaborate human rights regime which, in many ways, has become the defining feature of the United Nations
system
88
Working of HRC
establishing Country Report Task Forces (prepare list of issues and questions related to a state report).
After the consideration of a state report, the Committee issues concluding observations specific to that state includes comments on the state report, positive developments, areas of concern, and difficulties in implementation, suggestions and recommendations.-serve as an evaluation or ‘value judgment’ of the general human rights situation in that country.
monitors the progress made on its concluding observations by the member states through
a Special Rapporteur on Follow Up, whose job it is to request the state party to give Information on the implementation of concluding observations and report the same to the Committee.
The committee believes in the continuous assessment and monitoring of a state party’s compliance.
89
OP 1 Requirements of Individual communication Procedure
that his rights (guaranteed under the Covenant) have been violated
after exhausting all the available domestic
remedies.
available only to the citizens of those member states that have ratified the OP
90
Which body is most successful in considering individual communications under human rights treaties?
The Human Rights Committee (HRC).
91
What is the nature of the proceedings before the Human Rights Committee?
They are held in private and are quasi-judicial in nature.
92
Are the decisions of the Human Rights Committee legally enforceable?
No
93
How do most member states treat the decisions of the Human Rights Committee?
Most member states adhere to and implement the decisions.
94
What does the HRC system heavily rely on?
The willingness of state parties to implement its decisions.
95
How have some countries reacted when the Committee criticized them?
Some have denounced or reacted negatively to the procedure.
96
Name a country that has largely complied with the HRC’s recommendations.
Canada.
97
What did Canada do in response to the HRC’s decisions?
It made necessary changes in domestic laws to implement the decisions.
98
Which type of countries accept HRC procedures more willingly?
Countries with strong domestic human rights regimes.
99
What role does state cooperation play in the HRC process?
It is crucial for the success and credibility of the system.
100
What happens when a state implements the Committee’s recommendations?
It helps strengthen the international human rights system.
101
Why is the HRC considered successful?
Because of the relatively high rate of compliance and influence on domestic law.
102
areas of concern in the implementation procedure of HRc
very limited participation to the specialised agencies. not much cooperation and interaction with other treaty bodies either.
a formal mechanism to involve members of other committees in the work of HRC is missing. (If other committees are to learn from the enriching experience of HRC, some avenues of coordination and participation will have to be etched out. )
the Committee has not been able to consider the reports or individual communications on time.
(The Committee, as the most successful body to receive overwhelming number of communications, suffers from time constraints)
103
What rights does Part I of the ICESCR provide?
Right to self-determination and non-discrimination.
104
Which Part of the ICESCR outlines the obligations of member states?
Part II.
105
What is the focus of Part III of the ICESCR?
Substantive economic
106
Which Article of ICESCR protects the right to work?
Article 6.
107
Which Article ensures just and favourable conditions of work?
Article 7.
108
Which Article guarantees the right to form trade unions and strike?
Article 8.
109
What does Article 9 of the ICESCR provide for?
Right to social security.
110
Which Article addresses protection of the family and children?
Article 10.
111
What rights are ensured under Article 11 of ICESCR?
Adequate standard of living—food
112
Which Article addresses the right to health?
Article 12.
113
Which Articles ensure the right to education?
Articles 13 and 14.
114
Which Article guarantees cultural rights and benefits of scientific progress?
Article 15.
115
Does the ICESCR list non-derogable rights?
No
116
How does the ICESCR compare to ICCPR in number of substantive provisions?
ICESCR has fewer articles on substantive rights.
117
How has the Committee clarified ICESCR provisions?
Through General Comments.
118
How many general comments exist on Article 11?
Four (two on housing
119
What is a notable gap in ICESCR implementation?
Less focus on cultural rights compared to economic and social rights.
120
Why is Article 15 of the ICESCR considered underdeveloped?
It had delayed General Comments from the Committee.
121
Which body monitors ICESCR implementation?
The Committee on Economic
122
functions of CESCR
monitor the implementation of the rights protected
in the Convention through the consideration of periodic reports submitted by the states parties
issuing general comments to elaborate the various provisions of the Conventions for the benefit of the states parties.
The Convention has recently introduced the individual communications procedure that is yet to come into force.
123
Features and Significance of CESCR
**1. Pioneering Interagency Cooperation:**
CESCR was the first UN treaty body to initiate formal, close cooperation with UN organisations and specialised agencies. It actively engages in global economic and social dialogues with bodies like the **International Monetary Fund (IMF)**, **World Bank**, and **United Nations Development Programme (UNDP)**.
**2. NGO-Friendly Approach:**
It is considered the **most NGO-friendly** of all UN committees. Many NGOs have **consultative status** with CESCR, allowing direct participation in its sessions. encouraging interaction with and participation of NGOs working in the field of human rights and development
, it highlights the **imbalance in global advocacy**, with far fewer NGOs working on socio-economic rights compared to civil and political rights.
**4. Issuance of General Comments:**
CESCR has issued **15 General Comments**, offering authoritative interpretations of the Covenant’s provisions.
- Most comments relate to **substantive articles**.
- Two are focused on **specific groups** – the disabled and the elderly.
- Some articles, like **Article 11**, have multiple comments (on housing, food, and water).
**5. Influence and Global Dialogue:**
The Committee plays a vital role in shaping **global norms** for social justice and human rights. Its work influences **policy reforms**, **poverty alleviation**, and the **protection of vulnerable groups** through rights-based approaches.
Important player in the international dialogue on such economic and social issues as poverty alleviation and structural adjustment programmes
124
difference between ICCPR and ICESCR
**1. Nature of Rights:**
- **ICCPR**: Civil and political rights (e.g., right to life, freedom of speech, fair trial).
- **ICESCR**: Economic, social and cultural rights (e.g., right to work, health, education).
**2. Type of Obligation:**
- **ICCPR**: Requires the state to **refrain** from interfering (negative obligation).
- **ICESCR**: Requires the state to **actively fulfill** obligations (positive obligation).
**3. Implementation:**
- **ICCPR**: Rights must be implemented **immediately**.
- **ICESCR**: Rights are to be **progressively realized** over time, depending on resources.
**4. Language Used:**
- **ICCPR**: Uses language like “Everyone has the right to…”.
- **ICESCR**: Uses language like “States Parties recognize the right of everyone…”.
**5. Monitoring Body:**
- **ICCPR**: Monitored by the **Human Rights Committee (HRC)**.
- **ICESCR**: Monitored by the **Committee on Economic, Social and Cultural Rights (CESCR)**.
**6. Derogation of Rights:**
- **ICCPR**: Some rights can be derogated in emergencies (e.g., during war), but some are non-derogable.
- **ICESCR**: Generally no derogation allowed, but implementation is subject to available resources.
**7. Ideological Origins:**
- **ICCPR**: Supported by **liberal democracies** (focus on individual freedoms).
- **ICESCR**: Supported by **socialist states** (focus on welfare and equality).
**8. Legal Status:**
- Both are legally binding treaties, but **ICCPR has stronger enforcement** through individual complaint mechanisms.
**9. Examples of Rights:**
- **ICCPR**: Right to vote, freedom from torture, freedom of religion.
- **ICESCR**: Right to housing, right to food, right to form trade unions.
125
Similarities Between ICCPR and ICESCR
1. **Common Provisions**:
- Both recognize the **right to self-determination** and **non-discrimination**.
- Rights like **formation of trade unions**, **cultural rights** (Art. 15, ICESCR) and **minority rights** (Art. 27, ICCPR) are acknowledged in both.
2. **Monitoring Mechanism**:
- Each has a **treaty body committee** (HRC for ICCPR and CESCR for ICESCR).
- Committees are composed of **independent experts**.
- States submit **periodic reports** on implementation.
- Both allow **General Comments** to clarify and expand rights.
3. **Optional Protocols**:
- Both Covenants allow for **individual communications** through **optional protocols**.
---
### **Interdependence and Evolving Understanding**
4. **Interdependence of Rights**:
- Fulfillment of one set of rights often **depends on the realization of the other**.
- Example: Without education (a socio-economic right), the right to free expression (a civil-political right) becomes hollow.
5. **Blurred Distinctions**:
- While ICCPR was seen as **immediately enforceable** and ICESCR as **progressive**, this distinction is now questioned.
- Some ICCPR rights (like **right to fair trial**) also require **planning and resources**, much like socio-economic rights.
6. **Immediate Obligations under ICESCR**:
- Not all ICESCR rights are gradual—**non-discrimination**, for instance, is **immediately enforceable**.
7. **Reinforcement by International Declarations**:
- The **1993 Vienna Declaration** and **General Comments** reaffirm that both sets of rights are **universal, indivisible, and interdependent**.
126
Keshwananda Bharati v. State of Kerala
the Supreme Court observed that the Universal Declaration on Human Rights, 1948 may not be a legally binding instrument but it shows how India understood the nature of Human Rights at the time the Constitution was adopted
