D.R.Bhagat
drbhagat10@gmail.com
10th December is an important day in the history of human rights. On this day in 1948 a comprehensive document on human rights was released by the United Nations which is a set of guidelines to be adhered to by all the nations for peaceful existence and development of the human society. It was known as Universal Declaration of Human Rights. Human rights are the moral claims which are inherent in all human individuals by virtue of their humanity alone irrespective of caste, color, creed, sex, nationality or religion. In broader sense, human rights are the right to liberty, equality and dignity of an individual. These are also called as natural rights. The idea of these common rights is not new but dates back to many centuries and was accepted in many societies but the oldest written document on human rights is believed to be the Magna Carta of 1215 AD issued in England. The other written documents on human rights are The Petition of Rights 1628 and Bill of Rights1689 also issued in England. The French Declaration of Rights of Man and of Citizens of 1789 and American Bill of Rights of 1791were also based on this premise. During the 19thcentuary these principles were adopted by a number of independent states and were also incorporated in national constitutions. But the great need of a universal human rights law was felt after the Second World War when there were large scale human rights violations. The United Nations came into existence in 1945 and the issue of human rights became its core issue. The Charter of the United Nations states the fundamental objective of the universal organization is to reaffirm faith in fundamental human rights and the dignity of the human beings and in equal rights of men and women. However, the charter does not specify human rights and any mechanism to insure their implementation. A commission on human rights was established in 1945 itself for drawing up an international Bill of Human Rights defining human rights and freedoms. The bill was drafted as the International Bill of Human Rights and was passed by the UNO General Assembly on 10 December1948. The Bill has total 30 articles and the rights are divided into two categories- Civil and Political Rights and Economic, Social and Cultural Rights. Civil and Political Rights include right to liberty and security of a person, equality before law, freedom from slavery and torture, right to own property, freedom of thoughts and conscience and religion, freedom of peaceful assembly and associations and right to take part in the government directly or through freely chosen representatives. The Economic, Social and Cultural Rights include the right to work, equal pay for equal work, right to join trade unions, right to education and the right for participation in cultural life. An International conference on Human Rights was held in Tehran in 1968 where 171 states took part and in one voice reaffirmed that the Universal Declaration constitutes a common standard of achievement for all people and all nations and all states must promote and protect these rights.
There are also some other UN instruments which are responsible for implementation and monitoring of human rights like Covenants, Conventions and Declarations.
International Covenant on Civil and Political Rights ( ICCPR) and International Covenant on Economic, Social and Cultural Rights(ICESCR):– The UN General Assembly adopted these covenants in December 1966. Vide these covenants the international community agreed to adopt the content of UDHR. The measures for their implementation were also taken up. The Second Optional Protocol to ICCPR was adopted in December, 1989 which aimed at abolishing the death penalty by the member states. Under the ICCPR, a Human Rights Committee was established which monitors the implementation of the covenant. The rights recognized under ICESCR include the right to work, equal pay for equal work, form and join the trade unions, social security, adequate food along with adequate standard of living. The rights recognized under ICCPR include the right to life, freedom of religion, right to privacy, freedom from torture and equality before law. Some other conventions and conferences were also held for the rights of vulnerable groups.
The World Conference on Women:– It was held in 1985 which aimed at the achievement of equality to women in all spheres of life and the elimination of all forms of discrimination against them.
Convention on the Rights of Child:– This convention on the Rights of Child was held in November, 1989 which discussed the rights of children and a committee on the Rights of the Child was established. The Committee investigates the crimes like sale of children, child prostitution and child pornography.
Geneva Conventions for protection of human rights during armed conflicts:– These conventions were held in 1906 and 1929. During these conventions it was resolved that the governments would take care for the wounded of war and the prisoners of war whether enemy or friend. The Red Cross society also plays a big role in giving relief to the wounded during the war.
The Declaration of Persons belonging to Minority:– The Declaration was adopted in 1992 which states that the promotion and realization of the rights of persons belonging to minorities is an integral part of the development of the society. The states are required to recognize and promote the identities of such minorities. Article 27 of the ICCPR also state that people belonging to minorities shall not be denied the right to enjoy their own culture, practice their own religion and use their own language. ‘
There are some other conventions such as The Convention relating to the Status of Refugees 1951, the Genocide Convention 1948, The Convention on Elimination of All Forms of Racial Discrimination 1951and International Convention for Suppression of Traffic in Persons 1979 etc in the direction of further strengthening the rights of different categories.
Human Rights in India:– The human rights in India are mainly enumerated in Indian Constitution either as fundamental right or Directive Principles of State Policy. Part 3 of the Indian Constitution contains human rights which are also known as fundamental rights. These rights are enforceable by courts. The human rights mentioned under Directive Principles of State Policy are not enforceable by courts. The National Human Rights Commission was established under the Protection of Human Rights Act1994 which is responsible for implementation and monitoring of human rights in India. The Act also provides for the establishment of State Human Rights Commissions which may be constituted by State Governments. In addition to the Human Rights Commission, there are many NGO’s working in the field of Human Rights which are helping the government in the implementation of these rights.
But despite all this the human rights violations have not stopped on international or national level. Religious extremism has taken many innocent lives in Afghanistan, Iran, Iraq, Syria and Pakistan. Many people have also lost their lives during the recent political troubles in Nepal and Bangla Desh. In our India, murders and exodus of one community occurred due to religious extremism and terrorism in Kashmir. Poverty is also a reason for human rights violation in our country. Many people are deprived of sufficient food and nutrition and education. Rapes and lynching are happening in the country. As per the data, there are four rape incidents per hour in our country. One of the reasons of these human rights violations is the absence of knowledge among the general public. People should be educated and sensitized about these natural human rights . The education for human rights is an important facet of UNESCO which has taken up the responsibility of spreading human rights internationally. The real progress can be achieved through general awakening which makes everyone understand the eternal values of life and dignity of an individual irrespective of caste, creed or sex for peaceful existence of human society.s
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