UNIT 3-5

Question 1

significance OF UDHR and crtiicims

Answer 1

. Global Standard: The UDHR is a milestone document that established a universal benchmark
for human rights, influencing the development of international human rights law, national
constitutions, and domestic legal frameworks.
3. Foundation for International Treaties: The UDHR laid the foundation for the International
Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic,
Social, and Cultural Rights (ICESCR), which together with the UDHR, form the International
Bill of Human Rights.
Articles of UDHR:
1. We are all born free and equal
2. freedom from discrimination
3. right to life
4. freedom from slavery
5. freedom from torture
6. right to recognition b4 law
7. right to equality b4 law
8. right to remedy
9. freedom from arbitrary decision
10. right to fair trial

it also has other rights such as right to provacy, work, right to rest and leisure, education, freedom of religion or belief, freedom of movement, right to nationality

Criticism
1. Cultural Relativism:
2. Non-Binding Nature:
3. Selective Implementation:
4. Lack of Mechanisms for Redress:

Question 2

Similarity of UDHR Articles with Indian Constitution

Answer 2

1. Article 1 of UDHR & Article 14 of Indian Constitution: Both emphasize equality before the
   law and equal protection of the law, promoting non-discrimination.
2. Article 3 of UDHR & Article 21 of Indian Constitution: Both guarantee the right to life and
   personal liberty, with the Indian Constitution further expanding on the right to life through
   judicial interpretation to include the right to dignity, privacy, and health.
3. Article 19 of UDHR & Articles 19, 22 of Indian Constitution: These articles uphold the
   freedoms of speech, expression, assembly, association, and movement.
4. Article 25 of UDHR & Article 39 of Indian Constitution: Both focus on the right to an
   adequate standard of living, including access to food, clothing, housing, and medical care,
   reflected in the Directive Principles of State Policy.

Question 3

International Covenant on Civil and Political Rights (ICCPR)

Answer 3

It was designed to address the need for a global
standard of civil and political rights that states would be obligated to respect under international law.

Compliance with the ICCPR is monitored by the United Nations Human Rights Committee,

Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his free consent to
medical or scientific experimentation.

Article 25 of ICCPR states, “Every citizen shall have the right and the opportunity,
without any of the distinctions mentioned in article 2 and without unreasonable
restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be universal

(c) To have access, on general terms of equality, to public service in his country.”

**Optional Protocol I and Optional Protocol II of ICCPR **
- Optional Protocol I: establishes an
individual complaints mechanism, allowing individuals to bring complaints about violations of their rights under the ICCPR before the Human Rights Committee, after exhausting all domestic remedies.

• Optional Protocol II: focuses on the abolition of the death penalty. It aims to further the protection of the right to life

Question 5

ICCPR important points and indian constitution

Answer 5

1. Right to Life (Article 6): This right is fundamental and non-derogable. In India, Article 21 of
   the Constitution guarantees the right to life, which has been expansively interpreted by the
   judiciary to include the right to live with dignity, the right to privacy, and the right to a clean
   environment.
2. Right Against Arbitrary Arrest (Article 9): The ICCPR ensures protection against arbitrary
   arrest and detention. In India, Article 22 provides safeguards against arbitrary arrest, including
   the right to be informed of the reasons for arrest and the right to legal representation.
3. Right Against Inhumane and Degrading Treatment (Article 7): This right prohibits torture
   and cruel, inhuman, or degrading treatment or punishment. In India, this is reflected in Article 21 and various legal provisions under the Indian Penal Code (IPC) and other statutes that
   prohibit torture.
4. Right to a Fair Trial (Article 14): The ICCPR guarantees the right to a fair and public hearing
   by a competent, independent, and impartial tribunal. In India, this is mirrored in Articles 21 and
   22, which ensure the right to a fair trial, legal representation, and other judicial safeguards.

Question 6

ICCPR vs UDHR

Answer 6

1. Legal Status: The UDHR is a non-binding declaration, whereas theICCPR is a legally binding
   treaty that imposes specific obligations on state parties.
2. Scope of Rights: The UDHR covers a broad range of civil, political, economic, social, and
   cultural rights, while the ICCPR specifically focuses on civil and political rights.
3. Enforcement Mechanisms: The ICCPR includes enforcement mechanisms, such as the Human Rights Committee and the individual complaint procedures under its optional protocols,
   whereas the UDHR lacks such mechanisms.

Question 7

International Covenant on Economic, Social, and Cultural Rights (ICESCR)

Answer 7

The ICESCR was introduced to complement the ICCPR by recognizing and protecting economic,
social, and cultural rights, such as the rights to work, education, health, and an adequate standard of living. the covenant recognizes that without economic, social, and cultural rights, civil and political rights may not be fully realized, especially in developing countries.
Optional Protocol I of ICESCR
Adopted in 2008 and effective from 2013, this protocol allows individuals and groups to file complaints with the Committee on Economic, Social, and Cultural Rights (CESCR) about violations of the rights enshrined in the ICESCR, after exhausting all domestic remedies. It also allows for inquiries into systematic orgrave violations of rights by state parties.

USA signed but not ratified this

Question 8

SOME IMPORTANT ARTICLES OF ICESCR,

Answer 8

Article 3= undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights

Article 7= right to favourable work conditions, remuneration and fair wages, equal wages for work of equal value , safe and healthy working conditions.

Question 9

ICCPR vs ICESCR

Answer 9

Difference Between ICCPR and ICESCR
1. Nature of Obligations: The ICCPR requires states to immediately implement civil and
political rights, whereas the ICESCR recognizes that economic, social, and cultural rights are
subject to progressive realization, taking into account the available resources of the state.

2. Rights Covered: The ICCPR focuses on civil and political rights, such as the right to life,
   freedom of speech, and the right to a fair trial, while the I**CESCR focuses on economic, social,
   and cultural rights, such as the rights to work, education, and health. **
3. Enforcement Mechanisms: The ICCPR has more robust enforcement mechanisms, including the Human Rights Committee and optional protocols, while the ICESCR’s enforcement
   mechanisms, such as the CESCR and its optional protocol, were developed later and are
   considered less stringent.

Question 10

Convention Against Torture (CAT) and OPCAT

Answer 10

CAT emphasizes that
torture cannot be justified under any circumstances, including war, political instability, or public emergencies. It also requires state parties to ensure that torture victims receive redress and compensation, thereby reaffirming the fundamental human right to dignity and freedom from abuse

The Optional Protocol to the Convention Against Torture (OPCAT), adopted in 2002 and effective from
2006, establishes a system of regular visits by independent international and national bodies to places
where people are deprived of their liberty, such as prisons, detention centers, and psychiatric
institutions. The rationale behind OPCAT is to prevent torture and other forms of ill-treatment through proactive monitoring and oversight, thereby ensuring that states comply with their obligations under CAT.India has signed it but is yet to ratify the convention

India has signed it but is yet to ratify the convention

Question 11

Definition of Torture

Answer 11

Article 1 of CAT defines torture as any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for purposes such as obtaining information or a confession,
punishment for an act committed or suspected to have been committed, intimidation, coercion, or for
any reason based on discrimination, when such pain or suffering is inflicted by or at the instigation of
or with the consent or acquiescence of a public official or person acting in an official capacity. This
definition is significant as it emphasizes the intentionality and official capacity involved in acts of
torture, distinguishing it from other forms of mistreatment.

Question 12

rights under CAT to prevent torture

Answer 12

ghts Under CAT to Prevent Torture
1. Prompt Investigation: CAT obligates state parties to ensure prompt and impartial
investigations whenever there is reasonable ground to believe that an act of torture has been
committed within their jurisdiction. This requirement aims to prevent impunity and ensure
accountability for acts of torture. In India, the absence of a dedicated anti-torture law has led to
criticisms of delays and inadequacies in investigating allegations of torture by law enforcement
agencies.
2. Training of Officials: Article 10 of CAT mandates that state parties provide education and
training on the prohibition against torture to law enforcement personnel, military personnel,
medical personnel, and other public officials involved in the custody, interrogation, or treatment
of individuals. The objective is to prevent torture through awareness and understanding of legal and ethical standards. In India, while there is some training for police and military personnel on human rights, the effectiveness of this training in preventing torture is debated, and there
have been calls for more rigorous and widespread education efforts.

3. parties are banned from deporting, extraditing or refouling people where there are substantial grounds to beleive they will be tortured

Question 13

Rights of Victims to Complain Against Torture

Answer 13

Under CAT, victims of torture have the right to complain to competent authorities and have their cases
promptly and impartially examined. Article 13 of CAT ensures that complainants and witnesses are
protected against retaliation or intimidation for making such complaints. Furthermore, Article 14
guarantees the right of victims to obtain redress, including fair and adequate compensation and
rehabilitation. In India, although the judiciary has taken a proactive stance in awarding compensation
in cases of custodial torture, the lack of a specific anti-torture law has hindered the establishment of a
comprehensive mechanism for redress and rehabilitation of torture victims.

Question 14

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Rationale

Answer 14

CEDAW’s rationale lies in its comprehensive
approach to eliminating discrimination against women by requiring state parties to take all appropriate
measures, including legislation, to ensure women’s full development and advancement, enabling them
to enjoy their fundamental freedoms and human rights on an equal basis with men. CEDAW also
addresses cultural and social practices that contribute to gender inequality, advocating for changes in laws, policies, and societal attitudes that perpetuate discrimination.

Question 15

CEDAW

Answer 15

“Convention on the Elimination of All Forms of Discrimination against Women”

Part I (Articles 1–6) focuses on non-discrimination, sex stereotypes, and sex trafficking.

Part II (Articles 7–9) outlines women’s rights in the public sphere with an emphasis on political life, representation, and rights to nationality.

Part III (Articles 10–14) describes the economic and social rights of women, particularly focusing on education, employment, and health.

Question 16

Gender-Based Violence: General Comment No. 19 and 35

Answer 16

General Comment No. 19 (1992):The CEDAW Committee issued General Comment No. 19
to clarify that gender-based violence is a form of discrimination against women, thereby falling
under the scope of CEDAW. It defines gender-based violence as violence that is directed against
a woman because she is a woman or that affects women disproportionately. The comment
highlights that gender-based violence can take many forms, including physical, sexual,
psychological, and economic harm. It calls on state parties to adopt comprehensive measures
to prevent and respond to violence against women, including legal reforms, support services
for victims, and public awareness campaigns.
* General Comment No. 35 (2017):
No. 35 further elaborates on the obligations of state parties to prevent and address gender-based violence against women. It emphasizes the importance of ensuring access to justice for victims and holding perpetrators accountable. The comment also addresses emerging forms of violence, such as online harassment and violence against women in conflict zones. In the Indian context,

Question 17

Convention Against Racial Discrimination (CERD)

Answer 17

The convention is a crucial international instrument that addresses racial discrimination and commits state parties to eliminate all forms of racial discrimination and promote understanding among all races. CERD is relevant in the contemporary world as racial discrimination persists in various forms globally, including in systemic, institutional, and interpersonal contexts. The Optional Protocol to CERD, adopted in 1994, enhances the effectiveness of the convention by allowing individuals and groups to bring complaints before the Committee on the Elimination of Racial Discrimination (CERD Committee) after exhausting
domestic remedies.

Question 18

Dispute Resolution under CERD (Articles 11 and 13)

Answer 18

Article 11: This article provides a mechanism for states to bring complaints against other states
for violations of the convention. If a state party believes another state is not fulfilling its
obligations under CERD, it can bring the matter to the attention of the CERD Committee. The
committee will first try to resolve the issue through negotiations and other peaceful means. If
the matter is not resolved within six months, either state party can refer the dispute to the
International Court of Justice (ICJ).
Article 13: This article establishes the procedure for the CERD Committee to act on inter-state
complaints. If the committee finds that the dispute has not been resolved through the procedures
under Article 11, it may appoint an ad hoc conciliation commission to consider the matter and
recommend an amicable solution.

Question 19

Qatar v. Kingdom of Saudi Arabia and Qatar v. United Arab Emirates

Answer 19

Qatar brought complaints against both countries before the ICJ under CERD, alleging violations of the convention during the diplomatic crisis in the Gulf region. Qatar
argued that the measures taken by Saudi Arabia and the UAE, including restrictions on travel, family reunification, and access to education and healthcare, amounted to racial discrimination against Qatari nationals. The ICJ, in its provisional measures orders, called on both Saudi Arabia and the UAE to ensure that Qatari families separated by
the measures were reunited and that Qatari students affected by the restrictions were allowed to complete their education. These cases highlight CERD’s role in addressing
state-sponsored racial discrimination and the ICJ’s function in interpreting and enforcing the convention’s provisions.
Convention on the Rights of Persons with Disabilities (CRPD)

Question 20

Convention on the Rights of Persons with Disabilities (CRPD)

Answer 20

The CRPD marks a paradigm shift from viewing persons with disabilities as objects of charity, medical treatment, and social protection to viewing them as full and
equal members of society with human rights. The convention is relevant today as it promotes the
inclusion of persons with disabilities in all aspects of life, including education, employment, and
political participation. The Optional Protocol to the CRPD, adopted alongside the convention,
establishes an individual complaints mechanism that allows persons with disabilities to bring
complaints before the Committee

Question 21

Accessibility, Right to Life, Work, Employment, and Monitoring by Committee/State

Answer 21

Accessibility (Article 9): The state must ensure accessibilty in physica environments, transport, and communication services etc.

Right to Life (Article 10): The CRPD affirms the inherent right to life of persons with
disabilities and obligates state parties to take all necessary measures to ensure its effective
enjoyment by persons with disabilities on an equal basis with others. prevent them from life threatening harm

Work and Employment (Article 27): the CRPD recognizes the right of persons with disabilities to work on an equal basis with others. This includes the right to the opportunity to gain a living through work freely chosen or accepted in a labor market and work environment that is open, inclusive, and accessible. State parties are required to prohibit discrimination based on disability in all matters concerning employment, including conditions of recruitment, hiring,
employment, and career advancement.

Monitoring by Committee/State (Article 33): The CRPD mandates that state parties establish
and designate one or more focal points within the government for matters relating to the
implementation of the convention. It also requires states to establish an independent mechanism
to promote, protect, and monitor the implementation of the CRPD.

Question 22

UN CRC

Answer 22

United Nations convention on the rights of child - civil , political, economic social health and cultural rights of children=
The UN Committee on the Rights of the Child, composed of 18 independent experts, is responsible for
supervising the implementation of the convention by the states that have ratified it.

1. Individuals can appeal to the Committee on the Rights of the Child if they
   believe that rights, according to the convention, have been violated.
2. The convention also obliges signatory states to separate legal representation for a child in any judicial dispute concerning their care and asks that the child’s viewpoint be heard in such cases.
3. convention forbids capital punishment for children.
4. does not directly address child marriage and slavery

OPTIONAL PROTOCOL
Optional Protocol on the Involvement of Children in Armed Conflict:
Feb, 2002- As of 2016-155state parties
○ Established no person under 18 shall be subject to compulsory recruitment
into regular armed conflicts
○ It imposes obligation on states to raise minimum age for voluntary recruitment
to at least 16 years

(ii) Optional Protocol on the Sale of Children, Child Prostitution and Child
Pornography
TheCommitteeunderlines that the child’s best interests is a threefold concept
1. A substantive right- primary concern is best interest
2. A fundamental, interpretive legal principle- legal interpretation which most effectively serves the child’s best
interests should be chosen.
3. A rule of procedure
the decision-making process must
include an evaluation of the possible impact (positive or negative) of the
decision on the child or children concerned.

India ratified UNCRC agreeing on most principles but with certain reservation on issues relating to child labour, in india there is no outright BAN on child labour and it is generally permitted in most industries apart from “hazardous” industres for which there is a minimum age.