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Human Rights > MODULE 4 > Flashcards

MODULE 4 Flashcards

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1
Q

What are human rights?

A

Inherent rights to every human being, entitled without discrimination, focusing on dignity.

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2
Q

Who are considered sexual minorities?

A

Gays, lesbians, bisexuals, transgender people, and others not conforming to heterosexual norms.

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3
Q

What does LGBTQIA+ stand for?

A

Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual, and more.

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4
Q

What was the outcome of Lawrence v. Texas (2003)?

A

Struck down Texas sodomy law; held that criminalizing consensual same-sex relations violated privacy.

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5
Q

What was decided in Obergefell v. Hodges (2015)?

A

Legalized same-sex marriage nationwide in the U.S., affirming it as a fundamental right.

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6
Q

What are the main concerns of the LGBTQ community?

A

Right to privacy, equality and non- discrimination, institution of marriage, and access to basic health facilities.

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7
Q

What does the UDHR say about discrimination?

A

Everyone is entitled to rights without distinction, including sexual minorities under ‘other status’.

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8
Q

What case did the UN Human Rights Committee decide in Young v. Australia?

A

Denied pension to same-sex partner was discriminatory under Article 26 of ICCPR.

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9
Q

What are the Yogyakarta Principles?

A

29 principles applying international human rights law to sexual orientation and gender identity.

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10
Q

What is the significance of the UN Declaration on SOGI (2008)?

A

Recognizes sexual orientation/gender identity as protected grounds under human rights law.

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11
Q

What does the Declaration of Sexual Rights (2014) advocate?

A

Promotes sexual health and rights globally, condemns discrimination and inhumane practices.

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12
Q

What did NALSA v. Union of India (2014) recognize?

A

Transgender persons as a third gender with equal constitutional protection.

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13
Q

What was the criticism of the Transgender Bill, 2016?

A

Flawed definitions, recognition certification, lack of affirmative action, and criminalizing begging.

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14
Q

What was Section 377 of IPC?

A

Law criminalizing same-sex relationships as ‘against the order of nature’.

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15
Q

What happened in Naz Foundation v. NCT of Delhi (2009)?

A

Delhi HC declared Section 377 unconstitutional for violating fundamental rights.

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16
Q

What did the Supreme Court rule in K.S. Puttaswamy v. Union of India (2017)?

A

Recognized privacy as a fundamental right; set grounds for decriminalizing homosexuality.

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17
Q

What was the outcome of Navtej Singh Johar v. Union of India (2018)?

A

Decriminalized homosexuality; struck down Section 377 as unconstitutional.

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18
Q

Which Articles were cited in Navtej Singh Johar v. Union of India?

A

Articles 14, 15, 19, and 21 of the Indian Constitution.

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19
Q

What percentage of trans people are denied economic opportunities in India (NHRC report)?

A

92% denied participation in economic activities.

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20
Q

What is the main message of the Yogyakarta Principles?

A

All humans are entitled to dignity, equality, and non-discrimination regardless of SOGI.

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21
Q

Why is the right to privacy important for LGBTQ individuals?

A

Criminalization of homosexuality and denial of same-sex marriage violate this right.

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22
Q

WORLD CONFERENCES ON WOMEN

A
  1. First World Conference on Women, Mexico City, 1975
    International women year
    Equality, Education and Employment were the primary focus of action
  2. Second World Conference on Women, Copenhagen, 1980
    The mid-decade assessment of progress and failure in implementing the goals established by the World Plan of Action at the 1975 inaugural conference on women
  3. Third World Conference on Women, Nairobi, 1985
    to establish concrete measures to overcome obstacles to achieving the Decade’s goals - Employment, Health and Education
  4. Fourth World Conference on Women, Beijing, 1995
    Action for Equality, Development and Peace

Special Session in the United Nation’s General Assembly, 2000

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23
Q

ELIMINATION OF DISCRIMINATION AGAINST WOMEN

A

A Commission was formed on the Status of Women in the year 1946
The General Assembly adopted a declaration on the Elimination of Discrimination against women and on 7th November, 1967
Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979

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24
Q

Structure of CEDAW

A

Convention has total of VI parts with 30 Articles
Part III (Article 10 to 14) & IV (Article 15 & 16) of the Convention discusses about 7 major aspects

Right to Education - Article 10
Right to Employment - Article 11
Right to Health Care - Article 12
Right to Economic and Social Life - Article 13
Right to Women in Rural Areas - Article 14
Right to Equality Before Law - Article 15
Right to Marriage and Family Relations - Article 16

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25
Article 10 of CEDAW
Right to education State parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education Elimination of any stereotyped roles of men and women at all levels
26
international covenants of United Nations in the field of women’s right are:
i.Universal Declaration of Human Rights, 1948; ii.Convention on the Political Rights of Women, 1953; iii.Convention on the Nationality of Married Women, 1957; iv.Declaration on Elimination of Discrimination against Women, 1967; v.Convention on the Elimination of all forms of Discrimination against Women, 1979; vi.Declaration on the Elimination of Violence against Women, 1993; vii.Optional Protocol to the Convention on the Elimination of Discrimination against Women,1999; viii.Commission on Status of Women. ix.United Nations Millennium Declaration, 2000
27
What is the main goal of international covenants relating to women?
To ensure legal, political, social, economic, and cultural equality between men and women."
28
What does CEDAW stand for?
"Convention on the Elimination of All Forms of Discrimination Against Women." In order to achieve the provisions incorporated in Articles 1, 2 and 55 of the Charter of the United Nations,CEDAW adopted by the UN General Assembly in 1979, is a landmark international treaty aimed at achieving gender equality. It builds upon earlier declarations and the work of the UN Commission on the Status of Women, established in 1946. CEDAW outlines specific obligations for signatory nations, including eliminating discriminatory laws and practices, and ensuring equal rights in areas like education, employment, and health.
29
When was the Universal Declaration of Human Rights adopted?
"1948."
30
What does Article 2 of the UDHR ensure?
"All rights and freedoms without discrimination
31
What does Article 16 of the UDHR address?
"Right of men and women to marry and form a family with free and full consent."
32
What rights are guaranteed under Articles 3 to 21 of UDHR?
"Civil and political rights such as life
33
What rights are guaranteed under Articles 22 to 28 of UDHR?
"Economic and social rights such as education
34
What is the significance of the Convention on the Political Rights of Women (1953)?
"Recognizes equal voting rights, eligibility for election, and holding public office for women." intends to implement the principle of equality of rights for men and women on equal terms. further emphasises regarding recognition of the principles of equality in the public employment representation of men and women equally in the Government of his/her country directly or indirectly by means of freely chosen voting system.
35
What is the aim of the Convention on the Nationality of Married Women (1957)?
"To ensure marriage does not affect a woman’s nationality."
36
What did the Declaration on Elimination of Discrimination Against Women (1967) affirm?
"Equality in vocational training
37
How does CEDAW (1979) define discrimination against women?
"Any distinction
38
What is a key limitation of the CEDAW implementation committee?
"It lacks enforcement power and can only make suggestions and general recommendations."
39
What is the purpose of the Optional Protocol to CEDAW (1999)?
"To allow individual complaints and inquiry procedures regarding discrimination against women."
40
What does the Declaration on the Elimination of Violence Against Women (1993) define?
"Gender-based violence causing physical
41
What does the Commission on the Status of Women do?
"Promotes women's rights in education
42
What did the United Nations Millennium Declaration (2000) promote?
"Gender equality and women’s empowerment as tools for sustainable development."
43
What landmark Indian case used international covenants to define sexual harassment guidelines?
"Vishaka v. State of Rajasthan (1997)."
44
What constitutional articles in India reflect gender equality?
"Articles 14
45
What law was passed in India following the Optional Protocol to CEDAW?
"The Protection of Women from Domestic Violence Act
46
What Indian Act ensures maternity benefits?
"The Maternity Benefit Act
47
What amendment recognized daughters as coparceners in Hindu law?
"The Hindu Succession (Amendment) Act
48
What prompted the adoption of the Optional Protocol to CEDAW in 1999?
"A need to ensure full and equal enjoyment of all human rights by women through enforcement mechanisms."
49
What is the role of the Committee under the Optional Protocol?
"To receive and consider written communications regarding discrimination against women."
50
Can anonymous communications be submitted?
"No
51
What must be done before submitting to the Committee?
"All available domestic remedies must be exhausted."
52
When can a communication be declared non-considerable?
a. the same matter is already considered; b. the communication is beyond the scope of the Committee; c. the communication is ill founded and it is not substantial; d. the communication amounts to abuse of process;
53
Can communications be treated as confidential?
"Yes
54
What must the State Party do after receiving the Committee's recommendations?
"Submit a written response and measures taken within six months."
55
What protection is provided to communication authors?
"They are protected from ill-treatment or intimidation."
56
What Indian law reflects the goals of the Optional Protocol?
"The Protection of Women from Domestic Violence Act
57
Visakha v. State of Rajasthan,
Supreme Court took recourse to International Convention for the purpose of construction of domestic law. The Court observed Any international convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into those provisions to enlarge the meaning and content thereof, to promote the object of the Constitutional guarantee. By far the most important judgment giving effect to CEDAW Court has traced the provisions in the Constitution which prohibited discrimination on the ground of sex, as also the provisions dealing with the requirement to give effect to international treaties. The Court makes a special reference to CEDAW in paragraph 13 of the judgment by quoting the general recommendations of CEDAW in respect of sexual harassment.
58
WORLD CONFERENCES ON CHILDREN
1. The Geneva Declaration of the Rights of the Child, is an international document promoting child rights, drafted by Eglantyne Jebb and adopted by The League of Nations in 1924 2. UN Declaration of the Right of the Child, 1948 3. The 1924 declaration was adopted in an extended form by The United Nations in 1959 as Declaration of the Rights of the Child, 1959 (from 20th November, 1959, 20th November is declared as Universal Children's Day) 4. The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC), 1989 (signed on 20th November, 1989 (30th anniversary of The Declaration of the Rights of the Child) & came into force on 2nd September 1990) - 196 ratified and USA pending! Formation of The United Nations International Children's Fund, 11th December, 1946, New York - This is a United Nations agency responsible for providing humanitarian and developmental aid to children
59
UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD, 1989 (UNCRC)
The UNCRC consists of 54 Articles that set out children's rights and how governments should work together to make them available to all children. Under the terms of the convention, governments are required to meet children's basic needs and help them reach their full potential. Central to this is the acknowledgment that every child has basic fundamental rights. These include the right to: Life, survival and development Protection from violence, abuse or neglect An education that enables children to fulfil their potential Be raised by, or have a relationship with, their parents Express their opinions and be listened to treaty that outlines the fundamental rights of children, including their rights to life, survival, development, protection, education, family life, and to express their opinions. It
60
What is the main aim of the Optional Protocol to the Convention on the Rights of the Child on Armed Conflict?
"To prevent children under 18 from being recruited or involved in hostilities."
61
What does Article 1 of the Protocol state?
"States must take all feasible measures to ensure children under 18 do not take direct part in hostilities."
62
What does Article 2 of the Protocol state?
"States shall ensure that persons under 18 are not compulsorily recruited into their armed forces."
63
What does Article 3(3)(a) require for voluntary recruitment under 18?
"Recruitment must be genuinely voluntary."
64
What does Article 3(3)(b) require for voluntary recruitment under 18?
"It must be carried out with informed consent of parents or legal guardians."
65
What does Article 3(3)(c) ensure for voluntarily recruited children?
"They must be fully informed of the duties involved in military service."
66
What does Article 3(3)(d) require for recruitment under 18?
"Reliable proof of age must be provided before acceptance into service."
67
How many states have ratified this protocol as of now?
"More than 120 states."
68
What does the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (2000) aim to prohibit?
"Child prostitution
69
What does Article 1 of this Optional Protocol state?
"States Parties shall prohibit the sale of children
70
How is 'sale of children' defined under Article 2(a)?
"Any act or transaction where a child is transferred to another person for remuneration or other consideration."
71
How is 'child prostitution' defined under Article 2(b)?
"The use of a child in sexual activities for remuneration or other form of consideration."
72
How is 'child pornography' defined under Article 2(c)?
"Any representation of a child engaged in real or simulated explicit sexual activities or of the sexual parts of a child for primarily sexual purposes."
73
How many states have ratified this protocol?
"More than 120 states."
74
What must each State Party ensure under Article 3(1)?
"That specific acts related to child exploitation are fully covered under its criminal or penal law
75
What acts are criminalized under Article 3(1)(a)(i)?
"Offering, delivering, or accepting a child for sexual exploitation, organ transfer for profit, or forced labour."
76
What does Article 3(1)(a)(ii) prohibit?
"Improperly inducing consent for child adoption in violation of international law."
77
What is prohibited under Article 3(1)(b)?
"Offering, obtaining, procuring, or providing a child for child prostitution."
78
What does Article 3(1)(c) prohibit?
"Producing, distributing, possessing, selling, or disseminating child pornography."
79
What does Article 3(2) include beyond direct offences?
"Attempts to commit the offences and complicity or participation in them."
80
What does Article 3(3) require regarding penalties?
"States must impose appropriate penalties reflecting the grave nature of the offences."
81
What is the main international treaty protecting refugee rights?
"1951 Refugee Convention and its 1967 Protocol."
82
Who is a refugee under the 1951 Convention?
"A person who owing to a well-founded fear of persecution, is outside their country of origin and unable to return."
83
What is the principle of non-refoulement?
"No refugee should be returned to a country where they face threats to life or freedom (Article 33 1951 Convention)."
84
Does refugee law allow detention?
"Only when necessary and must comply with international human rights standards."
85
Can refugees work under international law?
"Yes the 1951 Convention encourages access to employment and education."
86
What UN agency protects refugees?
"UNHCR (United Nations High Commissioner for Refugees)."
87
What is the role of the UNHCR?
"Provide protection, seek durable solutions, and assist in emergency responses for refugees."
88
What treaty governs rights of persons with disabilities?
"UN Convention on the Rights of Persons with Disabilities (CRPD)
89
What is the CRPD's central principle?
"Full and effective participation and inclusion in society."
90
What are States required to ensure under CRPD Article 24?
"Inclusive education at all levels."
91
What is reasonable accommodation?
"Necessary modifications to ensure persons with disabilities enjoy rights equally."
92
What is accessibility under the CRPD?
"Ensuring access to public infrastructure,information, and communication."
93
What Indian law protects rights of persons with disabilities?
"The Rights of Persons with Disabilities Act 2016."
94
How many types of disabilities are recognized under Indian law?
"21 disabilities under the 2016 Act."
95
What UN declaration protects indigenous rights?
"UN Declaration on the Rights of Indigenous Peoples (UNDRIP)2007."
96
What are key rights under UNDRIP?
"Self-determination, culture, land, and resources."
97
What international covenant protects minority rights?
"ICCPR Article 27 – rights of minorities to enjoy their culture, religion, and language
98
What does ILO Convention 169 deal with?
"Indigenous and Tribal Peoples’ rights including land and consultation.
99
What Indian constitutional provisions protect minorities?
"Articles 29 and 30 – cultural and educational rights of minorities."
100
Who are Scheduled Tribes (STs) in India?
"Indigenous communities recognized under Article 342 of the Indian Constitution."
101
What are PESA and Forest Rights Acts?
"Laws providing land and governance rights to tribal communities."

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