UNIT- 8 (Specialized organizations)

1. UNESCO:

(United Nations Educational, Scientific and Cultural Organization) is a specialized agency of the
United Nations established in 1945. Its mission is to promote international collaboration in the fields of
education, science, culture, and communication to foster peace, security, and sustainable development.
UNESCO plays a critical role in addressing global challenges by promoting the free exchange of ideas,
protecting cultural heritage, and encouraging mutual understanding between nations.

UNESCO's work is grounded in the belief that education, cultural diversity, scientific cooperation, and
freedom of expression are key drivers for peace and sustainable development. The organization also
supports the promotion of international human rights by encouraging equal access to education,
safeguarding freedom of the press, and preserving the rights of minority cultures and indigenous people.

Composition of UNESCO

UNESCO’s composition involves a multi-tiered structure that enables the organization to operate
efficiently and meet its global mandate. The main governing bodies include:

1. General Conference:
o The General Conference is the highest decision-making body of UNESCO. It meets every two years
and consists of representatives from all 193 Member States and 11 Associate Members. These
representatives set the policies and work plan of the organization.
o The General Conference determines the budget and program for the next biennium, discusses major
international issues within UNESCO's fields of competence, and elects members of the Executive
Board.
o It also sets the general direction for UNESCO’s activities, ensuring that the organization’s work
reflects the needs of its member states. Each member state has one vote, and decisions are made by
majority rule.
2. Executive Board:
o The Executive Board consists of 58 member states elected by the General Conference. It meets
twice a year to ensure that the decisions of the General Conference are implemented properly.
o The Executive Board supervises UNESCO’s financial management, evaluates the progress of its
programs, and ensures that the organization's goals and objectives are being pursued effectively.
The board’s members serve for a term of four years
3. Secretariat:
o The Secretariat is responsible for the day-to-day operations of UNESCO. It is led by the Director-
General, who is elected for a four-year term by the General Conference.
o The Secretariat is made up of over 2,000 staff members who work at UNESCO’s headquarters in
Paris, as well as field offices and specialized institutes around the world. These staff members are
responsible for implementing the decisions of the General Conference and Executive Board,
coordinating UNESCO’s global programs, and managing its budget and resources.
4. National Commissions:
o UNESCO’s National Commissions operate within its member states to connect local and national
interests with UNESCO’s international agenda. These commissions consist of government
representatives, experts, and NGOs that work to ensure that UNESCO’s programs are implemented
at the national level.

Functions of UNESCO
UNESCO has a broad mandate that covers a wide range of functions, including education, science,
culture, and communication. The organization’s work in each of these areas has a significant impact on
international development, peace-building, and the promotion of human rights.

1. Education:
o One of UNESCO’s primary functions is to promote inclusive and equitable quality education for
all. It focuses on ensuring universal access to education, improving education quality, and
promoting lifelong learning opportunities.
o UNESCO plays a leading role in the global movement to achieve Sustainable Development Goal 4
(SDG 4), which aims to "ensure inclusive and equitable quality education and promote lifelong
learning opportunities for all" by 2030.
o UNESCO tracks global progress in education and advises governments on improving their
education systems. It supports teacher training programs, provides educational materials, and helps
develop curricula that promote peace and global citizenship and places special emphasis on girls’
education, literacy programs, and the education of marginalized communities, including refugees
and displaced persons.
2. Science:
o UNESCO promotes international scientific cooperation to address global challenges such as climate
change, biodiversity loss, and water management. It supports scientific research, the sharing of
knowledge, and the development of sustainable solutions to environmental and social issues. The
programs of UNESCO promote the protection of natural resources and the responsible use of the
environment, while also advancing scientific understanding of the planet.
o UNESCO also promotes scientific education and capacity-building in developing countries,
ensuring that all nations have access to the tools and knowledge necessary to advance scientific
progress.
3. Culture:
o UNESCO is responsible for promoting the protection and preservation of cultural heritage around
the world. Its most notable program in this area is the World Heritage Convention, which seeks to
identify and preserve sites of outstanding cultural or natural importance to humanity.
o As part of this program, UNESCO maintains the World Heritage List, The World Heritage
designation helps to safeguard these sites for future generations and ensures that they are preserved
in a way that respects their historical, cultural, and natural significance.
o In addition to preserving tangible heritage, UNESCO promotes intangible cultural heritage, such as
traditional music, dance, and languages.
4. Communication and Information:
o UNESCO plays a critical role in promoting freedom of expression and media development around
the world. It supports the development of independent and pluralistic media, particularly in regions
where freedom of the press is under threat.
o Through its Communication and Information Sector, UNESCO helps to improve access to
information, encourage media literacy, and foster freedom of expression. It advocates for the safety
of journalists, fights against disinformation, and promotes the free flow of information.

Achievements and Influence of UNESCO on International Human Rights

UNESCO has made significant contributions to the promotion of human rights, particularly in areas
related to education, cultural preservation, and freedom of expression. Its work is deeply intertwined
with the Universal Declaration of Human Rights (UDHR), especially in promoting rights such as access
to education, freedom of thought, and participation in cultural life.

1. Advancing the Right to Education:

o UNESCO’s focus on universal access to education is directly aligned with Article 26 of the UDHR,
which declares that "everyone has the right to education." UNESCO has been at the forefront of
global efforts to ensure that all children, regardless of gender, ethnicity, or socioeconomic
background, have access to quality education.
o UNESCO’s initiatives have been particularly impactful in developing countries, where it has
worked to expand educational opportunities, reduce the gender gap in education, and promote
literacy among disadvantaged populations.
o One of UNESCO’s major achievements is its role in the creation of the Education for All
movement
2. Cultural Rights and the Preservation of Cultural Heritage:
o UNESCO has played a pivotal role in safeguarding cultural rights, which are enshrined in Article
27 of the UDHR. By protecting both tangible and intangible cultural heritage, UNESCO ensures
that communities can preserve their cultural identities and pass them on to future generations.
o The World Heritage List and the Convention for the Safeguarding of Intangible Cultural Heritage
are key instruments through which UNESCO promotes cultural diversity and fosters respect for
cultural traditions and expressions. These programs also support indigenous peoples and minority
communities, helping to protect their cultural practices from external threats such as globalization
and conflict.

2. INTERNATIONAL LABOUR ORGANIZATION (ILO)

The (ILO) is a specialized agency of the United Nations dedicated to promoting social justice, human
and labor rights, and fair working conditions. Founded in 1919 as part of the Treaty of Versailles after
World War I, the ILO was created to address issues related to labor rights and worker protections, which
were seen as essential for lasting peace. The ILO became the first specialized agency of the United
Nations in 1946.

Its overarching aim is to bring together governments, employers, and workers to set labor standards,
develop policies, and devise programs that promote decent work conditions for all people. The ILO's
unique tripartite structure ensures that these three groups (governments, employers, and workers)
have an equal say in the formulation of labor standards and policies, making it one of the few
international organizations with such an inclusive decision-making model.

The ILO's work is crucial to the advancement of human rights as it emphasizes labor standards that
safeguard freedom, equality, security, and dignity for workers. Its Decent Work Agenda aims to
ensure that people can obtain productive work under conditions of freedom, equity, security, and human
dignity.

Composition of the ILO

The ILO's structure is designed to promote collaboration between three key stakeholders: governments,
employers, and workers. This tripartite system is a distinctive feature of the organization and allows for
balanced discussions and decisions about labor issues.

1. International Labour Conference (ILC):

o The ILC, often referred to as the "parliament of labor", is the ILO’s highest decision-making
body. It meets annually and sets international labor standards and the organization’s overall
policies. Each member state sends a delegation consisting of two government delegates, one
employer delegate, and one worker delegate, along with technical advisors. Each delegate has the
right to vote independently, reflecting the tripartite nature of the ILO.
o The ILC adopts international labor standards in the form of Conventions and Recommendations
and is responsible for supervising the implementation of these standards in member states and elects
the members of the Governing Body.
2. Governing Body:
o The Governing Body is the executive council of the ILO and is responsible for making decisions
about ILO policy, the program of work, and the budget. It meets three times a year and is composed
of 56 titular members: 28 government representatives, 14 employer representatives, and 14 worker
representatives.
o The Governing Body sets the agenda for the International Labour Conference, appoints the
Director-General, adopts the budget, and oversees the implementation of decisions made by the
ILC.
3. International Labour Office (Secretariat):
o The International Labour Office is the permanent secretariat of the ILO and operates under the
supervision of the Governing Body. The office implements the policies and decisions of the
Governing Body and the International Labour Conference. It also serves as the global hub for
research, training, and program implementation in the areas of labor and employment.
o The Office is led by the Director-General, who is elected for a renewable five-year term. The
Director-General is responsible for the overall administration of the ILO’s work, the preparation of
its reports and documents, and the coordination of activities between the different sectors of the
ILO.

Functions of the ILO

The ILO’s primary mission is to promote decent work and labor rights worldwide. It achieves this
through several key functions:

1. Setting International Labor Standards:

o One of the most important functions of the ILO is setting international labor standards through
Conventions and Recommendations. Conventions are legally binding instruments, while
Recommendations serve as guidelines for member states.
o The ILO has adopted 190 Conventions and 206 Recommendations as of 2024. These standards
cover a wide range of issues, including freedom of association, the abolition of forced labor, the
elimination of child labor, occupational safety and health, and social security.
2. Supervision of Compliance with Standards:
o The ILO monitors the application of its international labor standards through a supervisory
mechanism, which includes periodic reports from member states on how they are applying the
Conventions they have ratified.
o The ILO’s Committee of Experts reviews these reports and provides feedback to countries,
highlighting areas where improvement is needed or where violations of international labor
standards may have occurred.
o The ILO also allows for representations and complaints from workers' and employers'
organizations, which can bring attention to violations of labor standards. In extreme cases, the ILO
can refer matters to the International Court of Justice.
3. Promoting Social Dialogue:
o The ILO fosters social dialogue between governments, employers, and workers. This is crucial for
maintaining industrial peace and promoting economic development while ensuring that workers'
rights are respected.
o The ILO promotes collective bargaining, workers’ participation in decision-making, and conflict
resolution through its tripartite structure. It also provides technical assistance to help countries
develop institutions and mechanisms that support effective social dialogue.
4. Technical Assistance and Capacity-Building:
o The ILO provides technical assistance to its member states to help them improve their labor
conditions and implement international labor standards. This includes support for labor law reform,
 occupational health and safety programs, social security system development, and employment
policies.
o It also works to build capacity in member states through training programs, workshops, and
knowledge sharing, especially in developing countries where labor standards may be weak or
underdeveloped.
5. Promoting Decent Work and Sustainable Development:
o The ILO's Decent Work Agenda is a comprehensive strategy that aims to promote opportunities for
all people to obtain decent and productive work in conditions of freedom, equity, security, and
human dignity.
o The agenda focuses on four strategic pillars: promoting jobs, guaranteeing rights at work, extending
social protection, and promoting social dialogue. These pillars are aligned with the United Nations’
Sustainable Development Goals (SDGs), particularly SDG 8, which promotes "sustained, inclusive
and sustainable economic growth, full and productive employment, and decent work for all."

Achievements and Influence on International Human Rights

The ILO has been a key player in promoting human rights through its focus on labor rights. The
organization has made significant strides in improving working conditions worldwide and ensuring that
human rights are respected in the workplace.

1. Promotion of Fundamental Labor Rights:

o The ILO’s core Conventions form the basis of fundamental labor rights and have a profound
influence on international human rights law. These include:
▪ Freedom of Association and Protection of the Right to Organize Convention, 1948 (No.
87)
▪ Right to Organize and Collective Bargaining Convention, 1949 (No. 98)
▪ Forced Labour Convention, 1930 (No. 29)
▪ Abolition of Forced Labour Convention, 1957 (No. 105)
▪ Minimum Age Convention, 1973 (No. 138)
o These core Conventions cover the most important labor rights, including the right to freedom of
association, the elimination of forced labor, the abolition of child labor, and the elimination of
discrimination in employment. Many of these rights are also enshrined in the Universal Declaration
of Human Rights (UDHR) and the International Covenant on Economic, Social, and Cultural Rights
(ICESCR).
2. Eradication of Forced and Child Labor:
o The ILO has been a global leader in the fight against forced labor and child labor. Its Forced Labour
Convention (No. 29) and the Worst Forms of Child Labour Convention (No. 182) have been
instrumental in shaping national and international efforts to eliminate these practices.
o The ILO’s work has resulted in significant reductions in the number of children engaged in
hazardous work. Its International Programme on the Elimination of Child Labour (IPEC), launched
in 1992, has been one of the largest initiatives for addressing child labor globally. It has helped
thousands of children escape exploitative labor conditions, particularly in industries like agriculture,
mining, and manufacturing.
3. Improvement in Workers' Rights Worldwide:
o The ILO’s efforts in supervising and promoting labor rights have influenced legislative reforms in
many countries. By ratifying ILO Conventions, member states commit to improving their labor
laws and aligning them with international standards.
o The ILO’s standards have influenced the drafting of many national constitutions and labor laws,
providing workers with legal protection and ensuring that basic human rights are respected in the
workplace.
4. Equal Rights for Women in the Workplace:
o The ILO has played a pivotal role in promoting gender equality in the workplace. Its Equal
Remuneration Convention (No. 100) and the Discrimination (Employment and Occupation)
Convention (No. 111) have been critical in advancing women’s rights in employment.
o The ILO continues to push for equal pay for work of equal value, as well as non-discriminatory
practices in hiring, promotion, and workplace treatment. It has also addressed issues such as
maternity protection, violence and harassment at work, and the gender pay gap through its
Convention on Violence and Harassment (No. 190), adopted in 2019.
5. Influence on Global Development and Social Protection:
o The ILO has been an advocate for universal social protection and has supported countries in
establishing social security systems to protect workers from income insecurity, old age, sickness,
and unemployment. This has been particularly impactful in developing countries, where social
protection systems have historically been weak or non-existent.
o By promoting social security standards, the ILO has helped improve living conditions for millions
of workers around the world and played a significant role in achieving social justice.

3. WHO-

The World Health Organization is a specialized agency of the United Nations (UN), established in
1948, with the primary objective of promoting global health, setting health standards, providing
technical assistance, and ensuring universal health coverage. The WHO is responsible for coordinating
international efforts to control diseases, improve public health, and address health emergencies. Its
headquarters are located in Geneva, Switzerland, and it works through a network of regional and country
offices to implement its policies and programs.

The WHO's mission is to build a better, healthier future for people all over the world. Its work
contributes to the promotion of international human rights, particularly the right to health, which is a
fundamental aspect of human dignity and well-being.

Composition of the WHO

The World Health Organization is structured to ensure that decisions on global health issues are made
democratically and involve representatives from all member states. The main organs of the WHO are:

1. World Health Assembly (WHA):

o The World Health Assembly is the supreme decision-making body of the WHO. It is composed of
representatives from all 194 member states of the WHO. Each member state is represented by a
delegation, usually led by the Minister of Health, which includes health experts and professionals.
The WHA meets annually in Geneva, and its primary role is to set the policies of the organization,
approve the budget, and decide on the health agenda for the upcoming year.
o The WHA is responsible for appointing the Director-General of the WHO and for reviewing and
approving the work program and the budget. It discusses reports and resolutions on health policies
and oversees the activities of the other organs of the WHO.

2. Executive Board (EB):

o The Executive Board consists of 34 technically qualified members who are elected for three-year
terms. Each member is designated by a member state and is typically a leading figure in the national
 health administration of that state. The Executive Board meets at least twice a year to implement
the decisions and policies of the WHA and to facilitate the work of the WHO.
o The Executive Board’s functions include overseeing the execution of the decisions made by the
WHA, preparing the agenda for the WHA, and giving effect to the decisions and policies of the
WHA. The Executive Board can also advise on matters related to the WHO’s policies and can
propose new areas of health research or intervention.
3. Secretariat:
o The Secretariat of the WHO is composed of its staff and is headed by the Director-General, who is
elected by the WHA for a five-year term. The Director-General oversees the work of the WHO and
is responsible for the day-to-day management of the organization. The Secretariat implements the
policies and programs established by the WHA and the Executive Board and provides technical
support to countries around the world.

Functions of the WHO

1. Setting Health Standards and Guidelines:

o The WHO sets global health standards and provides technical guidance to countries on a wide range
of health-related issues. It establishes norms for health interventions, treatments, and prevention
strategies. These include international standards for disease surveillance, vaccinations, sanitation,
and nutrition.
o One of the WHO's most significant contributions is the International Health Regulations (IHR),
which are legally binding agreements aimed at preventing and controlling the international spread
of diseases.
2. Disease Prevention and Control:
o The WHO coordinates global efforts to combat communicable diseases, including HIV/AIDS,
tuberculosis, malaria, and COVID-19. It works with governments, NGOs, and other stakeholders
to implement vaccination programs, strengthen health systems, and monitor disease outbreaks.
o The WHO has played a critical role in the eradication of smallpox and is heavily involved in efforts
to eradicate polio and reduce the spread of other preventable diseases. by promoting public health
campaigns focused on prevention through healthy lifestyles.
3. Emergency Response and Health Crisis Management:
o The WHO coordinates international health responses to natural disasters, conflicts, and health
emergencies. Through its Health Emergencies Programme, the WHO helps countries prepare for
and respond to outbreaks, pandemics, and health crises. For example, during the COVID-19
pandemic, the WHO played a leading role in coordinating global health responses, providing
medical supplies, and offering technical expertise to affected countries.
4. Promoting Universal Health Coverage:
o The WHO is a key advocate for universal health coverage (UHC), which aims to ensure that all
individuals and communities receive the health services they need without suffering financial
hardship. The WHO works with governments to strengthen national health systems, improve access
to healthcare, and ensure that vulnerable populations are not left behind.
o The WHO’s Universal Health Coverage Program promotes healthcare financing reforms, health
workforce development, and essential medicines and technologies. It also emphasizes the
importance of primary healthcare as the foundation of effective health systems.
5. Research and Data Collection:
o The WHO plays a critical role in global health research, identifying health trends, and collecting
and disseminating health data. It works with researchers, governments, and academic institutions
to conduct studies on emerging health issues.
o The WHO also provides countries with health data and analytics through its Global Health
Observatory, which monitors global health trends, including life expectancy, disease prevalence,
vaccination coverage, and the burden of diseases such as malaria and tuberculosis.

Achievements and Influence on International Human Rights

1. Promotion of the Right to Health:
o The WHO has been instrumental in promoting the right to health as a basic human right. The
Constitution of the WHO explicitly recognizes the right of all people to attain the highest possible
level of health. This right includes access to medical care, sanitation, nutrition, vaccinations, and
the prevention and treatment of diseases.
o The WHO’s advocacy for universal health coverage and equitable access to healthcare services
aligns with international human rights law, ensuring that individuals can exercise their right to
health without facing financial or social barriers.
2. Eradication of Diseases:
o The WHO has played a key role in eradicating smallpox, one of the most deadly diseases in human
history, through global vaccination campaigns. It continues to work toward the eradication of polio
and the reduction of other preventable diseases through its vaccination programs, which contribute
to protecting the right to life and health.
o The WHO’s efforts in combating diseases like HIV/AIDS, malaria, and tuberculosis have had a
significant impact on improving the health and well-being of millions, particularly in low-income
and developing countries. Its Global Fund initiatives have saved millions of lives through disease
control and prevention.
3. Responding to Health Crises and Emergencies:
o The WHO’s role in responding to health crises has a direct impact on the protection of human rights,
particularly in terms of ensuring access to healthcare for people affected by natural disasters, armed
conflicts, and epidemics.
o During the COVID-19 pandemic, the WHO’s efforts to coordinate international responses, provide
scientific guidance, and distribute medical supplies played a critical role in protecting people’s
health and safety. The WHO also advocated for fair access to vaccines, particularly for low- and
middle-income countries, emphasizing the principle of equity in global health.
4. Advocacy for Health Equity and Social Determinants of Health:
o The WHO has long emphasized the importance of addressing the social determinants of health,
such as poverty, education, housing, and gender equality, which are essential for achieving health
equity. The WHO’s programs promote a rights-based approach to health, ensuring that
marginalized and vulnerable populations are not left behind.
o The WHO has worked to address gender-based violence, the rights of people with disabilities, and
mental health, promoting policies that respect and protect the human rights of these vulnerable
groups.

4. FAO- FOOD & AGRICULTURE ORGANIZATION

The Food and Agriculture Organization (FAO) is a specialized agency of the United Nations (UN),
established in 1945 with the mission to defeat hunger, improve nutrition, and promote sustainable
agricultural practices worldwide. The FAO aims to ensure that all people have access to sufficient and
nutritious food to lead healthy lives, aligning its work with international human rights principles,
particularly the right to food.

Composition of the FAO

The FAO is structured to facilitate its global mandate in food security, agriculture, and nutrition. Its
main components include:

1. Conference:
o The FAO Conference is the supreme governing body of the FAO, comprising representatives from
all 194 member states and the European Union. The Conference meets every two years to discuss
and make decisions on the organization's policies, budget, and priorities.
o Each member state is represented by a delegation, usually led by the Minister of Agriculture or a
senior official from the agricultural sector. The Conference plays a critical role in shaping the FAO's
strategic direction and in approving programs that address global food and agricultural issues.
2. Council:
o The FAO Council is an executive body that serves as the governing and decision-making authority
between the sessions of the Conference. It consists of 49 member states, elected for a three-year
term, ensuring representation from different regions and economic levels.
o The Council meets regularly to provide guidance on the implementation of the Conference’s
decisions and to oversee the organization’s operations. It also reviews the FAO's work program,
financial management, and the reports of various FAO committees.
3. Secretariat:
o The Secretariat of the FAO is composed of the staff members responsible for carrying out the day-
to-day work of the organization. It is led by the Director-General, who is elected by the Conference
for a five-year term and is responsible for implementing the decisions made by the Conference and
the Council.
o The Secretariat is organized into several divisions, each focusing on specific areas such as
agriculture, forestry, fisheries, nutrition, and food safety. This structure allows the FAO to address
a wide range of issues related to food security and agricultural sustainability effectively.
4. Regional and Country Offices:
o The FAO operates through regional offices and country offices that implement programs tailored
to local needs. There are seven regional offices (for Africa, Asia and the Pacific, Europe and Central
Asia, Latin America and the Caribbean, Near East and North Africa, North America, and South
Asia) that work closely with member countries to address specific agricultural and food security
challenges.
o Country offices are established in various nations to support local governments and communities
in implementing FAO initiatives and policies.

Functions of the FAO

1. Setting Standards and Guidelines:

o The FAO develops and promotes international standards for food safety, quality, and agricultural
practices. This includes guidelines for food labeling, pesticide use, and animal welfare, which help
ensure that food products are safe and nutritious for consumers.
o The Codex Alimentarius, established by the FAO and the World Health Organization (WHO), is a
collection of internationally recognized food standards that promote fair trade practices and protect
consumer health. Codex standards are crucial for ensuring food safety and enhancing international
food trade.
2. Providing Technical Assistance and Capacity Building:
o The FAO offers technical assistance to member states to strengthen their agricultural sectors,
improve food security, and enhance sustainable practices. This includes providing training,
resources, and expertise in various areas, such as crop production, livestock management, fisheries,
and forestry.
o The FAO also engages in capacity-building initiatives to help countries develop and implement
policies and programs that promote sustainable agriculture and improve food security.
3. Conducting Research and Data Collection:
o The FAO conducts extensive research and collects data on agricultural production, food
consumption, and nutrition trends. This information is crucial for policymakers, researchers, and
organizations working to address food security challenges.
o The FAO Statistical Division compiles and publishes data on various aspects of agriculture, food
production, and rural development. The FAO's Food Security and Nutrition Portal provides access
to important statistics and indicators related to food security and nutrition.
4. Promoting Sustainable Agriculture and Food Systems:
o The FAO promotes sustainable agricultural practices that minimize environmental impact, conserve
natural resources, and enhance resilience to climate change. This includes advocating for practices
such as agroecology, conservation agriculture, and integrated pest management.
o The FAO also supports initiatives aimed at reducing food waste and loss, improving food systems,
and enhancing the resilience of rural communities. It emphasizes the importance of sustainable food
systems to achieve food security and promote environmental sustainability.
5. Advocacy and Policy Development:
o The FAO advocates for policies that support food security, nutrition, and sustainable agriculture at
global, regional, and national levels. It collaborates with governments, civil society, and
international organizations to develop policies that address food security challenges and promote
sustainable agricultural practices.
o The FAO plays a critical role in shaping global discussions on food security, nutrition, and
agricultural development, particularly through its involvement in international forums such as the
Committee on World Food Security (CFS) and the UN Climate Change Conference.

Achievements and Influence on International Human Rights

1. Promotion of the Right to Food:

o The FAO plays a central role in promoting the right to food as an essential component of human
rights. It advocates for policies and initiatives that ensure all individuals have access to sufficient,
safe, and nutritious food.
o The FAO's Voluntary Guidelines on the Right to Food provide a framework for governments to
develop laws, policies, and programs that respect, protect, and fulfill the right to food for all.
2. Addressing Hunger and Malnutrition:
o The FAO has made significant strides in reducing hunger and malnutrition globally. Through its
various programs and initiatives, the FAO works to improve food security, enhance agricultural
productivity, and promote nutrition-sensitive interventions that address the underlying causes of
malnutrition.
o The FAO's efforts, particularly in developing countries, have contributed to significant declines in
undernourishment and malnutrition rates, which are critical to ensuring the realization of the right
to food and health.
3. Supporting Vulnerable Populations:
o The FAO focuses on supporting vulnerable populations, including smallholder farmers, women,
indigenous peoples, and marginalized communities, who often face barriers to accessing food and
agricultural resources. The organization advocates for inclusive policies and programs that
empower these groups and ensure their rights to food and livelihoods.
o The FAO's initiatives, such as the Rural Women’s Economic Empowerment Program, aim to
enhance the capacity of women in agriculture, improve their access to resources, and promote their
rights, contributing to gender equality and social justice.
4. Promoting Sustainable Food Systems:
o The FAO’s emphasis on sustainable agriculture and food systems aligns with the recognition of the
right to food as a human right that must be realized in a manner that respects environmental
sustainability. The organization advocates for practices that protect natural resources, enhance food
security, and address the impacts of climate change on food production.
o The FAO’s Global Action Programme on Food Security and Nutrition aims to create resilient
and sustainable food systems that ensure access to safe and nutritious food while protecting the
environment.
5. Advocacy for Food Sovereignty:
o The FAO recognizes the importance of food sovereignty, which emphasizes the rights of
communities to define their food systems and agricultural policies. It advocates for policies that
 empower communities to control their food production and protect their rights to food, thus
contributing to the realization of human rights at the local level.
o By supporting local food systems and encouraging the participation of smallholder farmers and
indigenous peoples in decision-making processes, the FAO promotes the right to food in a manner
that respects cultural identities and local knowledge.

5.IMF- INTERNATIONAL MONETARY FUND

The International Monetary Fund (IMF) is a specialized agency of the United Nations (UN) established
in 1944 with the goal of promoting international monetary cooperation, facilitating global trade,
fostering economic growth, and reducing poverty around the world. The IMF provides financial
assistance, policy advice, and technical assistance to its member countries, especially during economic
crises.

Composition of the IMF

The IMF is composed of 190 member countries, each of which has a representation based on its
financial contributions to the Fund. The organizational structure includes:

1. Board of Governors:
o The Board of Governors is the highest decision-making body of the IMF and consists of one
governor from each member country, usually the country's finance minister or central bank
governor.
o The Board meets annually to discuss the IMF's policies, budget, and overall direction. The
governors have the authority to decide on major issues affecting the Fund, including quota
adjustments and governance reforms.
2. Executive Board:
o The Executive Board is responsible for the day-to-day operations of the IMF and consists of 24
Executive Directors who represent the member countries or groups of countries.
o The Executive Board meets several times a week and makes decisions on financial assistance
requests, program implementation, and surveillance activities. It ensures the effective functioning
of the IMF and oversees its operations.
3. Managing Director:
o The Managing Director is the head of the IMF and is selected by the Executive Board. The
Managing Director oversees the Fund's operations and represents the IMF in international forums.
o The Managing Director is responsible for implementing the policies set by the Board of Governors
and the Executive Board, and for managing the staff of the IMF.
4. Staff:
o The IMF staff comprises economists, financial experts, and technical specialists from various
countries. They conduct research, provide policy advice, and assist member countries in
implementing IMF programs.
o The staff plays a crucial role in analyzing economic conditions, assessing financial needs, and
developing tailored solutions for member countries facing economic challenges.

Functions of the IMF

1. Surveillance:
o The IMF conducts economic surveillance by monitoring global economic trends, assessing the
economic policies of member countries, and providing policy advice. This involves reviewing
member countries' macroeconomic performance, exchange rate policies, fiscal policies, and
structural reforms.
o Through its Article IV consultations, the IMF engages in annual discussions with member
countries to evaluate their economic policies and provide recommendations for enhancing stability
and growth.
o
2. Financial Assistance:
o The IMF provides financial assistance to member countries facing balance of payments problems
or financial crises. This assistance comes in the form of loans, which can help countries stabilize
their economies, restore confidence, and implement necessary reforms.
o The IMF offers various lending programs, including Stand-By Arrangements (SBAs), Extended
Fund Facility (EFF), and Structural Adjustment Programs (SAPs), each tailored to address specific
needs of countries.
3. Capacity Development:
o The IMF offers technical assistance and training to member countries to strengthen their capacity
in economic management, fiscal policy, monetary policy, and financial sector supervision. This
includes providing expertise, training programs, and resources to help countries improve their
institutions and economic frameworks.
o Capacity development is essential for enhancing member countries' resilience to economic shocks
and for fostering sustainable economic growth.
4. Research and Data Collection:
o The IMF conducts extensive research on global economic issues, financial stability, and
development challenges. It publishes reports, working papers, and economic analyses that inform
policymakers and the public about trends and challenges in the global economy.
o The IMF's World Economic Outlook and Global Financial Stability Report are two key publications
that provide insights into global economic trends, risks, and policy recommendations.
5. Global Monetary Cooperation:
o The IMF fosters global monetary cooperation by providing a forum for member countries to discuss
and coordinate their monetary and financial policies. It plays a crucial role in facilitating dialogue
on international monetary issues and promoting stability in the global financial system.
o The IMF's role as a global monetary authority is vital in times of financial instability, as it helps
member countries navigate crises and work towards recovery.

Achievements and Influence on International Human Rights

While the IMF is primarily focused on macroeconomic stability and financial systems, its policies and
programs can have direct implications for human rights, especially regarding economic rights.

1. Promotion of Economic Stability:

o The IMF's financial assistance helps stabilize economies, which can contribute to the protection of
economic and social rights. By providing loans to countries facing financial crises, the IMF enables
governments to maintain essential public services, including education, healthcare, and social safety
nets, thereby supporting human rights.
o Stable economies can better afford to invest in social programs and infrastructure that contribute to
the realization of human rights.
2. Social Spending Guidelines:
o The IMF has increasingly recognized the importance of social spending in its lending programs. It
encourages countries to prioritize social spending in their budgets, especially during economic
adjustments, to mitigate the negative impacts of austerity measures on vulnerable populations.
o The IMF's guidance on maintaining social safety nets during economic reforms reflects its
commitment to addressing the human rights implications of economic policies.

3. Focus on Gender Equality:

o The IMF acknowledges the importance of gender equality in promoting economic growth and
stability. It supports policies that enhance women's participation in the labor force and promotes
gender-sensitive approaches to economic reforms.
o By advocating for gender-responsive fiscal policies and social protection programs, the IMF
contributes to the realization of women's rights and gender equality.
4. Capacity Development for Human Rights:
o The IMF's technical assistance programs help strengthen institutions that play a critical role in
protecting human rights, such as central banks, finance ministries, and regulatory bodies. By
enhancing these institutions' capacities, the IMF indirectly supports the enforcement of economic
and social rights.
o The IMF's collaboration with other UN agencies and international organizations allows it to
integrate human rights considerations into economic policy discussions and development
frameworks.
5. Engagement with Civil Society:
o The IMF has increasingly engaged with civil society organizations and human rights advocates to
enhance its understanding of the social impacts of its policies. This engagement allows the IMF to
consider the human rights implications of its programs and to incorporate feedback from affected
communities.
o By fostering dialogue with stakeholders, the IMF aims to create a more inclusive approach to
economic policymaking that respects human rights.

UNIT- 9

(Charter Based & Treaty Based Bodies)

CHARTER-BASED BODIES:

Charter-based bodies are human rights institutions established under the authority of the United
Nations (UN) Charter, specifically to promote and protect human rights globally. These bodies operate
based on the UN Charter itself rather than specific treaties, which sets them apart from treaty-based
bodies that are formed by specific human rights treaties. The charter-based system is broader and has a
universal scope because it is concerned with human rights issues in all UN member states, regardless
of whether the state is a party to a specific treaty.

Charter-based bodies derive their authority from the UN Charter, making their mandate applicable to
all UN member states. These bodies were created to oversee, monitor, and promote the implementation
of human rights on a global scale, dealing with a wide range of human rights concerns.

Key Characteristics of Charter-Based Bodies:

1. Universal Scope: Unlike treaty-based bodies that only monitor states that have ratified a specific
treaty, charter-based bodies cover all 193 UN member states. This gives them a global reach,
enabling them to address human rights violations in any country, even if that country has not ratified
specific human rights treaties.
2. Mandate from the UN Charter: Charter-based bodies are grounded in the legal framework of the
United Nations Charter itself, primarily through Article 68, which allows for the establishment of
commissions on human rights. They act as mechanisms under the UN system to promote universal
respect for human rights, unlike treaty-based bodies that focus on specific treaties like the ICCPR.
3. Non-treaty Oversight: Charter-based bodies do not require member states to ratify specific treaties
in order to engage with them. Instead, these bodies have broad mandates, such as promoting human
rights, addressing violations, and providing recommendations for improvement based on reports,
investigations, and studies.
4. Involvement of Multiple Stakeholders: These bodies often involve not only member states but
also non-governmental organizations (NGOs), civil society organizations, and human rights
defenders. This encourages a multilateral approach to addressing human rights issues, enabling
collaboration across different sectors.
5. Flexible Methods of Engagement: The bodies have a wide range of methods at their disposal to
monitor and address human rights violations. These include special procedures, such as special
rapporteurs, independent experts, working groups, universal periodic reviews, and fact-finding
missions. Charter-based bodies can respond to emergent human rights situations quickly, using
tools such as country-specific investigations and thematic studies on broader issues like torture, the
rights of women, or the rights of indigenous peoples.

Key Charter-Based Bodies and Their Processes

1. United Nations Human Rights Council (HRC)

The Human Rights Council is the most prominent and central charter-based body, replacing the former
Commission on Human Rights in 2006. It is an intergovernmental body made up of 47 UN member
states responsible for strengthening the promotion and protection of human rights globally.

FUNCTIONS:

1. Promotion and Protection of Human Rights:

o The HRC is responsible for addressing human rights violations and making recommendations
on how they can be remedied. It covers a wide array of thematic issues, such as freedom of
expression, women's rights, torture, and racial discrimination.
o The HRC also works to promote the implementation of international human rights standards,
often guiding states on how to better align their national laws and practices with global norms.
2. Holding Regular and Special Sessions:
o The HRC meets at least three times a year in regular sessions in Geneva. These sessions are
designed to provide a forum for member states to discuss human rights issues, hear reports from
UN agencies, and address thematic issues and country-specific situations.
o In addition, special sessions are held as needed, typically in response to urgent human rights
crises. These special sessions provide an emergency mechanism to address ongoing human rights
abuses, such as conflicts, natural disasters, or systemic violence.
3. Special Procedures:
o The HRC employs special procedures to examine specific human rights issues or situations in
individual countries. These include Special Rapporteurs, Independent Experts, and Working
Groups who are mandated to investigate, monitor, and report on human rights situations
globally.
o These experts are independent, and their reports are submitted to the Council for consideration,
often leading to resolutions that guide global human rights policy and offer recommendations for
action.
4. Universal Periodic Review (UPR):
 o One of the HRC's key mechanisms is the Universal Periodic Review (UPR), a process that
reviews the human rights records of all UN member states on a regular basis (explained in more
detail below). This ensures universal coverage and equal treatment of all countries.
o The HRC monitors the implementation of UPR recommendations and holds countries
accountable for the progress or lack thereof in improving their human rights records.
5. Issuing Resolutions and Recommendations:
o The HRC issues resolutions on a wide range of human rights concerns. These resolutions are
non-binding but carry significant moral and political weight. They can focus on both thematic
human rights issues or specific country situations, where the Council deems that human rights
violations require international attention.
o These resolutions often provide guidance to states and call on governments, international
organizations, and NGOs to take appropriate actions to protect and promote human rights.

PROCESSES-

a. Reporting System:

• The HRC reports to the UN General Assembly. It conducts regular sessions where member states
present national reports on their human rights situation, primarily through the Universal Periodic
Review (UPR) process.
• States under review submit their reports, and recommendations from other states are documented
in the UPR outcome report. The final report is debated in the Council’s sessions, where states have
the opportunity to accept or reject the recommendations.
• In addition, the HRC receives reports from special rapporteurs, independent experts, and working
groups who are mandated to investigate specific thematic issues or country situations.

b. Documentation System:

• The Council's documentation includes state reports, NGO submissions, independent expert reports,
and special rapporteur findings. All official documents are maintained in the UN’s electronic
document system (ODS), available for member states and the public.
• These documents are archived and made accessible for future reference, and they are often
accompanied by sessional reports, resolutions, and outcome documents of the UPR.

c. Authority:

• The Human Rights Council has the authority to address human rights violations by adopting
resolutions, appointing independent experts and special rapporteurs, and establishing fact-finding
missions or commissions of inquiry.
• The Council can act on emergent human rights crises through special sessions, which can be
convened if at least one-third of its members request such a session.

d. Voting System:

• The Human Rights Council comprises 47 member states elected by the UN General Assembly.
Membership is determined based on geographical distribution, with seats allocated to different
regions, ensuring global representation.
• Resolutions and decisions in the HRC are passed through a simple majority vote. Every member
state has one vote, and resolutions are typically adopted or rejected based on the number of
affirmative or negative votes.
• Voting patterns are often influenced by political alliances, regional considerations, and the interests
of member states.
e. Working:

• The HRC holds regular sessions three times a year (in March, June, and September) and special
sessions as needed, particularly to address emerging human rights crises.
• The Council’s work includes discussing thematic human rights issues, such as the right to
education, women’s rights, and the rights of children, alongside specific country situations where
there may be allegations of severe human rights violations.
• Special procedures like independent experts, working groups, and rapporteurs submit their findings
during these sessions, contributing to the Council’s understanding of global human rights
challenges.

f. Subsidiary Bodies:

• The HRC has a number of subsidiary bodies that assist it in fulfilling its mandate:
1. Universal Periodic Review (UPR): A mechanism where the human rights records of all
UN member states are reviewed regularly.
2. Human Rights Council Advisory Committee: This acts as a think tank to provide
expertise and advice to the council.
3. Complaint Procedure: This mechanism allows individuals, groups, or organizations to
bring complaints about gross and reliably attested violations of human rights to the attention
of the Council.

2. Office of the High Commissioner for Human Rights (OHCHR)

The Office of the High Commissioner for Human Rights (OHCHR) serves as the secretariat for the
Human Rights Council and is the primary administrative body for all human rights activities within the
UN system.

a. Reporting System:

• OHCHR reports annually to the UN General Assembly and ECOSOC on its activities, including
the promotion of human rights and its efforts to engage states in better human rights practices.
• It also compiles reports for the Human Rights Council, supporting its UPR processes and other
mechanisms. The High Commissioner presents findings and issues reports on human rights
conditions globally, sometimes addressing specific emergency human rights situations.

b. Documentation System:

• OHCHR documents consist of the reports of the High Commissioner, thematic studies, country-
specific analyses, and statistical data. These are stored and archived within the UN’s digital
repositories and are essential to both policymaking and UN advocacy for human rights.
• The office also provides technical and logistical support to the Human Rights Council by managing
the UPR documentation system and ensuring the proper filing of reports, communications, and
evidence.
c. Authority:
• The OHCHR has the authority to advocate for human rights globally, issue public statements on
human rights crises, and recommend actions to the General Assembly and the Human Rights
Council. It acts as the global moral voice for human rights.
• It can also provide capacity-building assistance to states, offering support for the development of
national human rights infrastructures and legislative frameworks.

d. Voting System:

• The OHCHR is not a voting body itself but provides advice and expertise to other UN organs.
However, it supports adoptive resolutions passed by the General Assembly and Human Rights
Council by providing necessary documentation, facilitating meetings, and providing legal and
policy analyses.

3. Special Procedures (Independent Experts, Rapporteurs, and Working Groups)

Special Procedures are mechanisms created by the Human Rights Council to address either specific
country situations or thematic human rights issues. These include independent experts, special
rapporteurs, and working groups who are mandated to investigate and report on various human rights
concerns.

a. Reporting System:

• Special procedures report directly to the Human Rights Council and occasionally to the General
Assembly. Their reports are based on country visits, research, and investigations of human rights
conditions.
• They often conduct fact-finding missions to investigate alleged violations and submit annual reports
that highlight their findings, recommendations, and areas of concern.

b. Documentation System:

• The documentation from special procedures includes mission reports, investigation summaries,
urgent appeals, and communications between the UN and member states. These are publicly
available through the OHCHR’s website and are crucial for transparency.
• Urgent appeals and letters of allegations are also documented, which involve direct communications
with governments regarding specific human rights concerns.

c. Authority:

• Special procedures have the authority to investigate and report but not to enforce sanctions or legal
measures. However, they wield considerable influence through their public reports and
recommendations, which can spur international pressure or national reforms.
• Some rapporteurs and working groups are empowered to intervene directly by communicating with
governments regarding alleged human rights violations.

d. Voting System:

• Since special procedures are non-political experts, they do not engage in voting. However, their
reports and recommendations are often discussed and acted upon by voting members of the Human
Rights Council and other UN bodies.

e. Research System:

• The research conducted by special rapporteurs and working groups is both field-based and thematic.
They collect data through interviews, surveys, and on-the-ground assessments. These experts also
 consult with NGOs, human rights defenders, academics, and regional bodies to ensure a
comprehensive understanding of human rights situations.
• Their reports serve as crucial resources for both the UN and international human rights advocacy.

Universal Periodic Review (UPR)

The Universal Periodic Review (UPR) is one of the most unique mechanisms of the Human Rights
Council, established in 2006 as a way to assess the human rights records of all 193 UN member states.
It ensures that each state undergoes a review every four to five years, irrespective of its treaty
obligations.

FUNCTIONS-

1. Reviewing the Human Rights Situation in Every Country:

o The UPR is designed to review the human rights performance of every UN member state on a four-
to five-year cycle. This ensures that no country is exempt from scrutiny, and it fosters a universal
and equal approach to human rights evaluation.
o Each country is assessed on how well it has implemented international human rights standards,
including treaties it has ratified and the UN Charter obligations.
2. National Reports and Stakeholder Inputs:
o As part of the UPR process, the country under review submits a national report detailing its human
rights efforts, challenges, and achievements. The report outlines the laws, policies, and programs
that the state has implemented to uphold human rights.
o The UPR process also includes input from UN human rights bodies, NGOs, civil society, and
national human rights institutions. This ensures a balanced and comprehensive review.
3. Interactive Dialogue and Recommendations:
o During the UPR session, an interactive dialogue takes place between the state under review and
other UN member states. This dialogue provides a platform for states to raise concerns, ask
questions, and make recommendations for improving the human rights situation in the country
under review.
o At the end of the session, the state is given the opportunity to accept or reject the recommendations.
These recommendations are included in the UPR outcome report, which is formally adopted by the
HRC.
4. Follow-up and Accountability:
o One of the key functions of the UPR is ensuring that states implement the recommendations they
receive during their review. States are encouraged to submit mid-term reports before their next UPR
cycle, showing progress on the recommendations.
o The HRC monitors whether countries have fulfilled their obligations and implemented the
recommendations from their previous reviews, ensuring ongoing accountability and follow-up.
5. Promoting International Cooperation:
o The UPR fosters international cooperation on human rights issues, as states often share best
practices and lessons learned during the review process. Countries also receive technical assistance
from UN agencies and other states to implement recommendations.
o The UPR is an important forum for dialogue, enabling countries to learn from each other and
improve their human rights practices through cooperative engagement rather than condemnation.
a. Reporting:

• Each state submits a national report on the current status of human rights within its borders.
This report outlines the country’s efforts to fulfill its human rights obligations and the progress
it has made.
• The UPR also includes reports from UN agencies, human rights bodies, and NGOs to provide
a balanced and comprehensive understanding of the situation in the state under review.
• The Working Group of the UPR (comprising the 47 HRC member states) reviews the reports
and conducts interactive dialogues with the state in question, offering recommendations for
improving human rights in the country

b. Resolutions:

• The UPR itself does not pass resolutions; rather, it makes recommendations for the state under
review. These recommendations can address a wide range of human rights issues, from
legislation to social practices.
• States are expected to respond to the recommendations, either by accepting or rejecting them.
The responses and follow-up actions are reviewed during the next UPR cycle.

c. Voting:

• The UPR operates through consensus, and while there is no formal voting process, states’
responses to recommendations are noted in the outcome reports. The process relies heavily on
peer review, with other states engaging in dialogue rather than voting on specific outcomes.

d. Subsidiary Bodies:

• While the UPR itself is a subsidiary mechanism of the Human Rights Council, it functions
with the support of OHCHR and other UN agencies to ensure the review process is thorough
and well-documented.

3. Human Rights Council Advisory Committee

The Human Rights Council Advisory Committee serves as the think tank for the Human Rights Council.
It provides expert advice and recommendations on thematic human rights issues. The committee is
composed of 18 experts from different geographical regions, appointed by the Human Rights Council
based on their expertise in human rights law and related fields.

a. Reporting:

• The Advisory Committee conducts in-depth research and presents reports on thematic issues as
requested by the Human Rights Council. These reports often explore new areas of human rights,
providing the Council with research-based recommendations for further action.
• The committee’s work is typically presented in the form of studies, reports, or proposals for
consideration by the Human Rights Council.

b. Resolutions:

• The Advisory Committee itself does not pass resolutions; its role is to advise and recommend based
on its research findings. Its recommendations can lead to the development of resolutions by the
 Human Rights Council, which may address specific thematic issues or result in special procedures
to investigate human rights concerns.

c. Voting:

• There is no formal voting process within the Advisory Committee. Decisions are made by
consensus, and the body’s recommendations are presented as advice to the Human Rights
Council, which may then take formal action through resolutions.

e. Subsidiary Bodies:

• The Advisory Committee is a subsidiary body of the Human Rights Council. It does not have
its own subsidiary mechanisms but works closely with special rapporteurs, working groups,
and other thematic human rights bodies to gather data and produce comprehensive reports.

TREATY- BASED BODIES

Treaty-based human rights bodies are specialized entities established under international human rights
treaties. Unlike charter-based bodies that derive authority from the United Nations Charter and have
broad mandates, treaty-based bodies derive their existence from the provisions of specific human rights
treaties. They monitor and oversee the implementation of the treaties by state parties that have ratified
or acceded to those treaties. These bodies are composed of independent experts who meet regularly to
assess state compliance and address individual complaints. Their decisions are typically consensus-
based and apply only to countries that have accepted the treaty.

Key Characteristics of Treaty-Based Bodies:

1. Legal Basis: Treaty-based bodies exist due to specific legal instruments—international human
rights treaties. They have a narrow mandate confined to the set of rights and obligations codified in
the treaties they oversee.
2. Limited Scope: Their focus is restricted to issues contained within the specific treaty they monitor.
They address human rights violations or compliance in countries that have ratified the relevant
treaty.
3. Restricted Audience: These bodies address only state parties that have ratified the respective
human rights convention. Their decisions and recommendations are applicable solely to those
nations that have agreed to be bound by the treaty.
4. Decision-Making by Consensus: Decisions made by treaty-based bodies are generally based on
consensus among the independent experts that constitute the body.

Monitoring Mechanisms:

Treaty-based bodies use several mechanisms to monitor and enforce treaty obligations. These include:
• State Party Reports: Each state party to a treaty is required to submit periodic reports detailing its
progress and compliance with the provisions of the treaty. The treaty bodies review these reports
and issue concluding observations, highlighting areas of improvement and concern.
• General Comments and Recommendations: Treaty bodies issue general comments or
recommendations that clarify the interpretation of treaty provisions. These comments provide
guidance to state parties on the practical implementation of treaty rights and obligations.
• Individual Complaints: Some treaty bodies can consider complaints from individuals or groups
who allege that their rights under the treaty have been violated by a state party. These complaints
are subject to strict admissibility criteria, such as the exhaustion of domestic remedies.
• Inter-State Complaints: Certain treaties allow one state party to lodge a complaint against another
for failing to uphold its treaty obligations. However, this mechanism is rarely used.

Key Features of Treaty-Based Bodies

1. Creation by International Human Rights Treaties: Unlike other international organizations,

these bodies exist only because a specific treaty calls for their creation. For example:
o The Human Rights Committee (HRC) monitors the implementation of the International
Covenant on Civil and Political Rights (ICCPR).
o The Committee on the Elimination of Discrimination against Women (CEDAW
Committee) oversees the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW).
o The Committee on the Rights of Persons with Disabilities (CRPD Committee), monitors the
CRPD.
2. Independent Experts: Members of these committees are not government representatives. Instead,
they are elected experts who serve in their personal capacity, ensuring they are independent of the
State’s influence. The experts are chosen based on their expertise in areas relevant to the treaty.
3. Mandate to Monitor Compliance: The primary role of these bodies is to assess how well the
States parties are complying with their obligations under the treaty. They do this mainly through:
o Review of periodic reports submitted by States parties.
o Issuing concluding observations and recommendations.
o Investigating individual complaints, when applicable.
o General Comments/General Recommendations to interpret the scope of treaty obligations.

How Treaty-Based Bodies Function: Reporting, Reviewing, and Record-Keeping

1. Reporting Process-

• State Reporting Obligations: All States that are parties to a treaty must regularly submit detailed
reports to the respective treaty body. These reports outline the legal, administrative, judicial, and
policy measures that have been taken to implement the treaty’s provisions.
o For most treaties, the initial report is due within 1-2 years after the treaty comes into
force for that country.
o After the initial report, States must submit periodic reports (typically every 4 to 5 years)
updating the treaty body on developments.
• Contents of the Report: State reports typically cover:
o Legal measures taken to incorporate the treaty into domestic law.
 o Policies and programs that support the rights protected by the treaty.
o Statistical data on how the country has progressed.
o Challenges or obstacles to full implementation.

Example: Under the CRPD, a country may submit a report detailing steps taken to make public
buildings accessible to people with disabilities, along with any new laws enacted.

• Civil Society Reports/Shadow Reports: NGOs, civil society organizations, and national human
rights institutions often submit alternative reports (called shadow reports) to provide additional
or counter-information to what the State provides. These reports help the treaty body understand
any gaps or issues that the State may have overlooked or underreported.

2. Reviewing Process-

• Dialogue with States: Once a State submits its report, the treaty body engages in a formal
constructive dialogue with representatives from that State. The treaty body will pose questions
and ask for clarifications on various aspects of the report. These sessions are often public and are
attended by NGOs and other stakeholders.
o The aim is not to punish or criticize, but to encourage States to improve their
implementation of the treaty.
• List of Issues: Before the dialogue, the committee may send the State a List of Issues (LOI), which
contains specific questions the committee would like more information on. This could focus on
areas where the report lacked detail or where the committee has concerns based on civil society
input.

Example: The CRPD Committee may ask a State for more details on its education system for people
with disabilities or inquire about access to healthcare services for disabled individuals.

• Concluding Observations: After the dialogue, the treaty body issues Concluding Observations,
which include:
o Commendations: Recognizing progress or positive developments.
o Concerns: Highlighting areas where the State is not meeting its obligations.
o Recommendations: Offering concrete suggestions or action points for improving
compliance.

Example: After reviewing a State's report on CRPD, the committee might recommend expanding
vocational training programs for people with disabilities or revising policies that limit their access to
public transportation.

3. Record Keeping and Follow-Up-

• Maintaining Records: Each treaty body keeps a thorough record of all submitted reports, dialogue
sessions, shadow reports, and concluding observations. This documentation is crucial for:
o Historical records: States and stakeholders can track the progress and challenges over
time.
o Transparency: All reports and concluding observations are made public. This promotes
accountability, as the public and NGOs can monitor whether a State is following the
recommendations.
• Follow-up Mechanisms: Some treaty bodies have formal mechanisms for follow-up. They may
request a follow-up report within a specific time frame (e.g., two years) to show how the State has
implemented the recommendations made in the concluding observations. In some cases, special
rapporteurs may be appointed to oversee and monitor follow-up actions.
4. Handling Individual Complaints

• Many treaty-based bodies can also hear complaints from individuals or groups who claim their
rights under the treaty have been violated. However, this is only possible if the country has accepted
the treaty’s Optional Protocol (if applicable) that allows for individual complaints.
• Admissibility and Review: Once a complaint is submitted, the committee reviews whether it meets
admissibility requirements (e.g., all domestic remedies must be exhausted). If accepted, the treaty
body examines the merits of the case, and issues a view or decision.
• General Comments: Treaty bodies also issue general comments or general recommendations,
which provide authoritative guidance on how to interpret specific treaty provisions. These
comments are meant to clarify ambiguities in the treaty text and help States better understand their
obligations.

5. Country Visits and Inquiries-

• Some treaty bodies are empowered to conduct inquiries into grave or systemic violations of the
treaty in a particular country. This is done in cases where there are consistent reports of large-scale
violations.
• These bodies can also undertake country visits to assess situations on the ground if the relevant
Optional Protocol allows it and the State consents to the visit.

Key UN Treaty-Based Bodies:

1. Human Rights Committee (HRC): Oversees the International Covenant on Civil and Political
Rights (ICCPR). Established by Article 28 of the ICCPR, the HRC monitors the implementation
of civil and political rights such as freedom of speech, fair trial, and protection from torture. The
committee reviews state reports, examines individual complaints under the First Optional Protocol,
and issues general comments on thematic issues related to the ICCPR.
2. Committee on Economic, Social, and Cultural Rights (CESCR): Supervises the International
Covenant on Economic, Social and Cultural Rights (ICESCR). Established in 1985, CESCR
monitors the implementation of rights such as the right to work, education, health, and adequate
living standards. The committee considers state reports and issues general comments on economic,
social, and cultural rights.
3. Committee on the Elimination of Racial Discrimination (CERD): Oversees the International
Convention on the Elimination of All Forms of Racial Discrimination (ICERD). CERD
monitors state parties' efforts to eliminate racial discrimination. It reviews state reports, provides
early warnings to prevent conflicts based on racial tensions, and can consider individual complaints
under Article 14 of the Convention.
4. Committee on the Elimination of Discrimination against Women (CEDAW): Monitors the
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
 CEDAW addresses violations of women’s rights, examines state reports, and handles individual
complaints. The committee can also initiate inquiries into systematic violations of women’s rights.
5. Committee Against Torture (CAT): Supervises the Convention against Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). CAT monitors state
compliance with obligations to prevent and punish torture. It reviews state reports, considers
individual and inter-state complaints, and may initiate inquiries into widespread torture.

DIFFERENCE BETWEEN CHARTER & TREATY BASED BODIES

ASPECT CHARTER-BASED BODIES TREATY-BASED BODIES

FOUNDATION Established by the UN Charter (specifically Established by specific international treaties

Chapter XIII), which is the founding or conventions that countries voluntarily
document of the UN. ratify.
PRIMARY Promote and protect human rights globally, as Monitor the implementation of specific
OBJECTIVE outlined in the UN Charter, with a broad human rights treaties by States that have
mandate. ratified those treaties.
LEGAL Derive their authority directly from the UN Derive authority from specific treaties. Only
AUTHORITY Charter, making them applicable to all 193 States that have ratified the respective treaty
member States of the UN. are bound by their mandates.
MANDATE Cover a broad and general range of human Address specific human rights issues based on
rights issues, applicable to all UN member the treaty they are monitoring (e.g., child
States. rights, racial discrimination).
SCOPE OF WORK Global mandate to monitor human rights in Focus only on States that have ratified the
all UN member countries, including those that relevant treaty and are obligated to comply
have not ratified specific treaties. with its provisions.
MONITORING Charter-based bodies, like the Human Rights
MECHANISM Council and Universal Periodic Review Treaty-based bodies review periodic reports
(UPR), monitor human rights in all UN from States that have ratified the treaty and
member States. issue concluding observations.
KEY EXAMPLES - Human Rights Council (HRC) - Human Rights Committee (HRC)
- Office of the High Commissioner for (ICCPR)
Human Rights (OHCHR) - Committee on the Elimination of Racial
- Special Procedures (e.g., Special Discrimination (CERD)
Rapporteurs) - Committee on the Rights of Persons with
- Universal Periodic Review (UPR) Disabilities (CRPD)

MEMBERSHIP Composed of State representatives Composed of independent experts serving in

(governmental), as in the Human Rights a personal capacity. Members are elected
Council, where 47 UN member States are based on their expertise.
elected by the General Assembly.
APPOINTMENT OF Members (e.g., in the Human Rights Council) Experts are elected by States parties to the
MEMBERS are elected by the UN General Assembly treaty but serve independently, without
from among the member States. representing their government.
COUNTRY VISITS Charter-based bodies (like Special Some treaty
Rapporteurs) can conduct country visits upon bodies can conduct inquiries or country
invitation by the State, but not bound by treaty visits, but only if the State has accepted such
law. provisions in the treaty.
COMPLAINT Special Procedures (like Special Rapporteurs) Treaty-based bodies can examine
MECHANISM and the OHCHR can receive complaints individual complaints if the country has
about human rights violations but focus on ratified the Optional Protocol to the treaty,
broad violations. allowing for individual complaints.
REPORTING Charter-based bodies monitor compliance States parties are required to submit periodic
PROCESS through the Universal Periodic Review reports on their implementation of the treaty.
(UPR) and thematic reporting processes, Treaty bodies review these reports and issue
applicable to all UN member States. concluding observations.
PUBLIC NGOs and civil society can participate in the NGOs and civil society can submit shadow
INVOLVEMENT Human Rights Council and provide shadow reports to treaty bodies to provide alternative
reports in the UPR process. views on State reports.
FOCUS ON NON- Charter-based bodies (e.g., Special Treaty-based bodies primarily focus on the
STATE ACTORS Rapporteurs) can investigate human rights obligations of States under international law,
abuses committed by both States and non- though they can address certain non-State
State actors, including companies or actor issues through interpretations.
individuals.
ACCOUNTABILITY The Universal Periodic Review Treaty bodies issue concluding observations
MECHANISM (UPR) reviews the human rights record of all based on periodic reports, and some can
States every 4.5 years. The Human Rights address individual complaints. However,
Council can issue resolutions but lacks their decisions are also not legally binding,
binding enforcement. though they hold persuasive value.
STRENGTHS - Universal application across all UN member - Focused on specific human rights
States issues under particular treaties
- Ability to address a broad range of human - Detailed scrutiny of States' compliance with
rights violations their treaty obligations
- Mechanisms like the UPR provide regular - Can address individual cases if States accept
reviews of all member States' human rights the complaint mechanism.
records.
LIMITATIONS - Can only make recommendations, lacks - Treaty bodies can only monitor States that
binding authority or strong enforcement are parties to the treaty, meaning not all
powers. States are subject to their jurisdiction.
- Limited follow-up on recommendations - Decisions are also not legally binding, but
made through the UPR. have strong moral and political weight.

UNIT- 10

European Convention on Human Rights (ECHR)

HISTORY:

1. Post-WWII Context

After World War II, Europe was devastated by unprecedented destruction and human rights
atrocities, including the Holocaust. These events highlighted the need to establish a system
that would prevent the recurrence of such violations and safeguard fundamental human
rights. The widespread human rights abuses during the war motivated European leaders to
take steps towards creating a unified political and legal framework for the protection of
human rights.

Prominent figures like Winston Churchill and Robert Schumann advocated for stronger
European cooperation and integration to secure lasting peace and democracy. They believed
that protecting human rights was essential to this mission. In this context, in 1946, Churchill
called for a “United States of Europe,” and in 1948, the Congress of Europe was held,
bringing together leaders, intellectuals, and civil society to discuss the future of Europe and
the means to achieve unity and peace.

2. Formation of the Council of Europe

The outcome of the Congress of Europe was the establishment of the Council of Europe
(CoE) on May 5, 1949, through the Treaty of London. The CoE was conceived as a regional
intergovernmental organization dedicated to promoting democracy, human rights, and the
rule of law across Europe. Initially, it comprised 10 member states, but over time it grew to
include 47 countries, almost covering the entire continent.

3. Drafting the European Convention on Human Rights

One of the primary missions of the Council of Europe was to create a legal instrument that
would enshrine fundamental human rights and establish a mechanism to enforce them. Thus,
in 1950, the founding states of the Council of Europe drafted the European Convention on
Human Rights (ECHR), officially called the "Convention for the Protection of Human Rights
and Fundamental Freedoms." It was opened for signature in Rome on November 4, 1950, and
entered into force on September 3, 1953.

The ECHR was designed to be more than just a declaration of rights. It established a
supranational judicial body, the European Court of Human Rights (ECtHR), which would
monitor and ensure compliance by member states. The Convention was significant because it
created an international system that allowed individuals, not just states, to seek remedies if
their rights were violated by a government.

EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR)

The European Convention on Human Rights is one of the most important and influential
human rights documents in the world. Its main purpose is to protect the civil and political
rights of individuals across Europe. The Convention has also inspired the development of
human rights laws and courts outside Europe.

1. Structure of the Convention

The Convention is divided into several sections, each focusing on different aspects of human
rights protection:

• Section I: Contains substantive civil and political rights.

• Section II: Establishes the European Court of Human Rights and outlines its role in
enforcing the Convention.

2. Key Rights Guaranteed by the ECHR

The Convention outlines a range of rights and freedoms, and over time, additional Protocols
have expanded these rights. Some of the most important rights include:

a. Right to Life (Article 2): Every person’s right to life is protected by law. Governments
must refrain from arbitrary killings, and any use of force must be necessary and
proportional.
b. Prohibition of Torture (Article 3): Torture, inhuman or degrading treatment or
punishment is strictly prohibited.
c. Prohibition of Slavery and Forced Labour (Article 4): No one shall be held in slavery
or servitude, and forced labour is prohibited.
d. Right to Liberty and Security (Article 5): Protects individuals from arbitrary arrest and
detention, guaranteeing the right to challenge detention in court.
e. Right to a Fair Trial (Article 6): Everyone is entitled to a fair and public hearing within
a reasonable time by an independent and impartial tribunal.
f. No Punishment Without Law (Article 7): No one can be held guilty of a criminal
offence unless it was defined as a crime under law at the time the act was committed.
g. Right to Respect for Private and Family Life (Article 8): Everyone has the right to
respect for their private and family life, home, and correspondence.
h. Freedom of Thought, Conscience, and Religion (Article 9): This article protects the
freedom to hold beliefs and practice religion.
i. Freedom of Expression (Article 10): Individuals have the right to freely express
opinions, subject to limitations necessary in a democratic society.
j. Freedom of Assembly and Association (Article 11): Individuals have the right to
peaceful assembly and to form or join associations, including trade unions.
k. Right to Marry (Article 12): Men and women of marriageable age have the right to
marry and found a family, according to national laws.
l. Prohibition of Discrimination (Article 14): This article ensures that the rights and
freedoms set out in the Convention are enjoyed without discrimination on any ground,
such as race, religion, or gender.

3. Protocols to the ECHR

The ECHR has been supplemented by several Protocols that have expanded the list of rights.
For example:

• Protocol No. 1: Adds rights related to property, education, and free elections.
• Protocol No. 4: Prohibits imprisonment for debt, guarantees freedom of movement, and
protects against expulsion from a country.
• Protocol No. 6: Abolishes the death penalty in peacetime.
• Protocol No. 13: Extends the abolition of the death penalty to all circumstances.

4. Enforcement Mechanism – European Court of Human Rights (ECtHR)

The ECHR's most unique and innovative feature is its enforcement mechanism through the
ECtHR. The Court, based in Strasbourg, was established in 1959 to supervise the
implementation of the ECHR by member states. Over time, its role has evolved into one of
the most important judicial institutions for human rights globally.

The European Court of Human Rights (ECtHR) hears cases brought by individuals,
groups, or states who believe their rights under the Convention have been violated. It
provides an effective international remedy for human rights abuses. For instance, individuals
can file complaints directly against their governments, a revolutionary development in
international law.

FUNCTIONS OF ECHR

1. Protecting Fundamental Rights and Freedoms-

 The ECHR sets out a broad range of civil and political rights that signatory states must
guarantee to all individuals within their jurisdiction. These rights are outlined in various
articles of the Convention and include:

• Right to Life (Article 2), Prohibition of Torture and Inhuman Treatment (Article 3),
Right to a Fair Trial (Article 6), Freedom of Thought, Conscience, and Religion (Article
9), Freedom of Expression (Article 10).

2. Promoting Equality and Non-Discrimination-

A critical function of the ECHR is to promote equality and non-discrimination. The
Convention includes specific provisions aimed at ensuring that everyone is treated
equally before the law, without discrimination based on race, religion, sex, or other
factors.

• Article 14 (Prohibition of Discrimination), Protocol No. 12: This additional

protocol, adopted in 2000, further strengthens the prohibition of discrimination,
extending it beyond the rights specifically guaranteed by the ECHR to all rights
provided by law.

3. Balancing Individual Rights with State Obligations-

While the ECHR ensures the protection of individual rights, it also allows for certain
limitations and derogations under specific conditions to balance these rights with the
interests of the state, such as public order, national security, or public health.

• Limitations (Articles 8–11):

The Convention allows certain rights (such as the right to privacy, freedom of expression,
and freedom of assembly) to be restricted if the limitations are prescribed by law and
necessary in a democratic society for reasons such as national security, public safety, or
the protection of the rights of others.
• Derogation (Article 15):
States are allowed to derogate from certain rights in times of war or other public
emergencies that threaten the life of the nation, provided such derogations are strictly
necessary. However, derogations are not permitted for absolute rights such as the
prohibition of torture and the right to life.

4. Providing a Framework for Judicial Protection of Rights-

The ECHR not only sets out a list of rights and freedoms but also establishes a
mechanism for enforcing these rights through the European Court of Human Rights
(ECtHR). Individuals who believe their rights have been violated can bring their case to
the Court after exhausting all domestic remedies.

• Legal Obligations for Member States:

By signing the ECHR, states agree to uphold the rights and freedoms contained in the
Convention and make these rights enforceable within their domestic legal systems. The
legal systems of the signatory countries must provide effective remedies for violations of
Convention rights.
• Example:
Many countries have incorporated the provisions of the ECHR into their national legal
 systems. For instance, the Human Rights Act 1998 in the United Kingdom gives
individuals the ability to challenge breaches of their ECHR rights in domestic courts.

5. Encouraging Harmonization of Human Rights Standards in Europe-

The ECHR acts as a framework for human rights protection across Europe, ensuring a
degree of uniformity in the protection of basic civil and political rights. This
harmonization is vital for maintaining human rights standards across diverse legal and
political systems in Europe.

• Common Minimum Standards:

The Convention ensures that all member states adhere to a baseline of human rights
standards, even though national interpretations may vary. The ECtHR’s jurisprudence
provides a common body of case law that guides member states in interpreting and
applying the Convention.
• European Integration of Human Rights:
By establishing a shared human rights framework, the ECHR contributes to the larger
goal of European integration. The Convention serves as a foundational document for
building unity and cooperation around the protection of human rights.

6. Ensuring Accountability of Governments-

The ECHR holds member states accountable for upholding the human rights standards
outlined in the Convention. By creating a mechanism through which individuals can
directly petition the European Court of Human Rights, the ECHR provides a means of
redress when states fail to protect human rights.

• State Responsibility:
States are held responsible for violations of the Convention by their officials or
authorities, whether directly through legislation, administration, or the actions of state
actors such as the police or military.
• Obligations to Investigate:
The ECHR also places positive obligations on states to conduct thorough and
effective investigations into allegations of serious human rights violations, such as
torture, ill-treatment, or unlawful killings.

7. Adapting to Modern Challenges-

The ECHR is a "living instrument" that adapts to evolving social, technological, and
legal challenges. Through various Protocols to the Convention, new rights and
protections have been introduced in response to the changing needs of society.

• Additional Protocols:
Over the years, additional protocols have been added to the ECHR to expand or
clarify rights. These include Protocol No. 1 (protection of property, right to education,
and the right to free elections) and Protocol No. 6 (prohibition of the death penalty in
peacetime).
• Addressing New Issues:
The Convention has been interpreted to address modern issues such as the protection
of privacy in the digital age, access to personal data, and the rights of LGBTQ+
 individuals. This adaptability allows the ECHR to remain relevant in the face of new
human rights challenges.

8. Promoting Peace and Stability in Europe-

One of the broader aims of the ECHR is to promote peace and stability across Europe. By
ensuring that basic human rights are protected and respected, the ECHR helps to prevent
conflicts and tensions that can arise from human rights abuses.

• Building a Culture of Human Rights:

The ECHR fosters a human rights culture in Europe, where individuals are more
aware of their rights, and governments are held to account for their actions. This
contributes to long-term stability and peace by promoting justice, equality, and the
rule of law.

9. Encouraging Dialogue between National Courts and the ECtHR-

The ECHR encourages dialogue between the national courts of member states and the
European Court of Human Rights to ensure the proper application of Convention rights
at the domestic level. This dialogue is crucial for maintaining respect for national
sovereignty while ensuring compliance with international human rights standards.

EUROPEAN COURT OF HUMAN RIGHTS (ECtHR)

The European Court of Human Rights (ECtHR) is an international court established in

1959 by the European Convention on Human Rights (ECHR). Its primary purpose is to
interpret and enforce the Convention, ensuring that the human rights and fundamental
freedoms guaranteed by the ECHR are upheld by its member states. The Court, based in
Strasbourg, France, is unique in that it allows individuals, non-governmental organizations,
and groups of individuals to bring cases against member states for human rights violations,
provided they have exhausted all domestic legal remedies.

1. History of the ECtHR

The idea of establishing an international court for the protection of human rights came after
the atrocities of World War II and the Holocaust, which highlighted the necessity of
safeguarding fundamental human rights across Europe. The Council of Europe, formed in
1949, aimed to promote democracy, human rights, and the rule of law. One of its first major
achievements was the European Convention on Human Rights, signed in 1950 and ratified
in 1953. The ECtHR was created as the judicial body responsible for ensuring compliance
with the Convention.

The Court became fully operational in 1959 and has since become one of the most influential
and active human rights courts in the world. Over time, it has grown in prominence,
particularly after Protocol No. 11 (1998), which made the Court a permanent institution and
allowed individuals to file applications directly with the ECtHR without the previous
requirement of approval from a European Commission.

2. Functions of the European Court of Human Rights

1. Adjudicating Individual Applications

The most critical function of the ECtHR is to hear individual applications brought by persons
or groups claiming to be victims of human rights violations under the ECHR. Any person,
non-governmental organization, or group of individuals who believe that their rights under
the Convention have been violated by a member state can bring a case to the ECtHR.
However, before the Court will hear a case, the applicant must have exhausted all available
domestic remedies, meaning they must first attempt to resolve the issue through the national
courts of the country concerned.

• Example:
If a person in a member state believes that their right to freedom of expression has been
violated by their government, and they have unsuccessfully challenged this in their
country’s highest courts, they can file a case with the ECtHR.

2. Delivering Binding Judgments

Another key function of the ECtHR is to issue judgments that are legally binding on the states
involved in the case. When the Court finds that a state has violated the Convention, the state
is obliged to comply with the judgment and take steps to rectify the violation, including
providing reparations to the victim and sometimes changing national laws or practices to
prevent further violations.

• Enforcement of Judgments:
Judgments of the ECtHR are monitored by the Committee of Ministers of the Council of
Europe, which ensures that the state complies with the ruling. Failure to comply with
ECtHR rulings can lead to international diplomatic pressure and potential sanctions from
the Council of Europe.

3. Interpreting the Convention

The ECtHR has the function of interpreting the ECHR through its jurisprudence, which
means that it provides authoritative interpretations of the Convention's provisions in specific
cases. The Court’s interpretation helps to clarify ambiguous or undefined aspects of the
Convention, ensuring that human rights protections are continuously adapted to changing
social and legal contexts.

• Example:
The Court has expanded the meaning of certain rights, such as the right to private life
(Article 8), to include protections for personal data, which were not initially envisaged
when the ECHR was drafted in the 1950s.

4. Advisory Opinions

In addition to hearing contentious cases, the ECtHR can also issue advisory opinions at the
request of the Committee of Ministers of the Council of Europe or higher national courts.
These opinions are not binding but are intended to clarify legal questions regarding the
interpretation of the Convention. Advisory opinions help guide member states in applying the
ECHR domestically, preventing human rights violations before they occur.
• Example:
A member state's court may ask the ECtHR for an advisory opinion on whether a
proposed law violates the Convention before it is passed.

5. Ensuring Uniformity of Human Rights Law across Europe

One of the central functions of the ECtHR is to ensure uniformity in the application and
interpretation of the Convention across the 47 member states. The Court’s decisions create a
body of case law that national courts refer to when interpreting and applying the ECHR. This
function helps harmonize human rights protections across Europe, creating a common
European human rights standard.

• Example:
If the Court rules that a member state’s law restricting free speech is incompatible with
the Convention, other member states may revise similar laws to avoid future ECtHR
rulings against them.

6. Acting as a "Living Instrument" for Human Rights

The ECtHR functions as a "living instrument," meaning that its interpretation of the
Convention evolves over time to reflect changes in social values, technological
developments, and new understandings of human rights. This dynamic approach ensures that
the Convention remains relevant in a rapidly changing world and can address emerging issues
that were not anticipated when the Convention was drafted.

• Example:
The Court has expanded its jurisprudence to cover issues such as environmental
protection, data privacy, and the rights of LGBTQ+ individuals, which were not explicitly
included in the original text of the Convention.

3. Composition of the European Court of Human Rights

The composition of the ECtHR is defined by both the Convention and its operational needs. It
is made up of judges elected to ensure a fair representation of the legal systems and cultures
of all the member states. Here is a detailed look at its composition:

A. Number of Judges-
The Court is composed of one judge from each member state of the Council of Europe,
meaning there are currently 47 judges in total. Although judges are nominated by their
respective states, they act in their individual capacity, not as representatives of their
country. This ensures impartiality and independence in the Court’s decision-making.
B. Election of Judges-
 Judges are elected by the Parliamentary Assembly of the Council of Europe from a list
of three candidates nominated by each member state. Judges serve for a term of nine
years and are not eligible for re-election. The nine-year term ensures that judges can act
independently without fear of political consequences for their decisions.
C. Criteria for Judges-
Judges must be persons of high moral character and possess the qualifications required
for appointment to high judicial office in their home country or be jurists of recognized
competence.

Structure of the Court- The Court operates in different formations depending on the
complexity of the case. These formations include:

A. Single Judge:
A single judge may review and dismiss applications that are clearly inadmissible. This
streamlines the process by filtering out cases that do not meet the admissibility criteria.
B. Committees (3 Judges):
Committees of three judges handle less complex cases, especially those where there is
already established case law. They can issue decisions quickly based on precedent.
C. Chambers (7 Judges):
More complex cases are heard by Chambers, composed of seven judges. These cases
typically involve significant legal questions or require a detailed examination of the facts
and national laws involved.
D. Grand Chamber (17 Judges):
The Grand Chamber is the highest formation of the ECtHR and is reserved for the most
important or complex cases. Cases are referred to the Grand Chamber if they raise serious
questions affecting the interpretation of the Convention or if a Chamber's judgment is
challenged.

The President and Vice-Presidents-

The ECtHR is headed by a President, who is elected by the judges of the Court. The
President represents the Court, directs its work, and presides over the Grand Chamber. The
President is assisted by Vice-Presidents, who help manage the Court’s operations and step in
when the President is unavailable.

Registrar and Legal Staff-

The Court is supported by a Registrar and legal staff who assist in the administration and
functioning of the Court. The Registrar is responsible for maintaining the records of the Court
and ensuring that all procedural requirements are met. Legal staff, including lawyers and
assistants, help the judges in researching and preparing cases.

Plenary Court-

The Plenary Court, which includes all the judges, meets to discuss and decide on important
procedural and administrative issues. The Plenary Court also elects the President and Vice-
Presidents of the Court, adopts the rules of the Court, and ensures the smooth operation of the
ECtHR.
UNIT- 11 INTER AMERICAN CONVENTION ON HUMAN RIGHTS

The Inter-American Convention on Human Rights (also known as the American

Convention on Human Rights or the Pact of San José, Costa Rica) is a key regional
human rights treaty for the Americas, adopted in 1969 and enforced since 1978 under the
Organization of American States (OAS). Its primary aim is to promote and protect human
rights within the countries of the Americas.
The Inter-American System for the protection of human rights is a regional human rights
system, and is responsible for monitoring, promoting, and protecting human rights in the 35
independent countries of the Americas that are members of the Organization of American
States (OAS).
The Convention affirms the intention of State parties to consolidate “within the framework of
democratic institutions, a system of personal liberty and social justice based on respect for the
essential rights of man” and focuses mainly on civil and political human rights. The
Convention builds on principles that have been recognized by OAS.
HISTORY-
In April 1948, the Organization of American States (OAS) adopted both its Charter and the
American Declaration on the Rights and Duties of Man. This was the first international
document to list universal human rights and highlight the need to protect them. It came out
before the United Nations' Universal Declaration of Human Rights. What made the
American Declaration unique is that it not only mentioned the rights people have but also the
duties they owe to society.
The Declaration included civil and political rights, along with economic and social rights,
such as the rights to property, work, culture, leisure, and social security. It also listed duties
like voting, following the law, serving the community and nation, paying taxes, and working.
Later, the adoption of the Inter-American Convention on Human Rights reinforced many
of these principles. While it mainly focuses on civil and political rights, it offers more
specific definitions than the original Declaration. The Convention came into effect on July
18, 1978.
PURPOSE-
The purpose of the Inter-American Convention on Human Rights is to promote and
protect human rights across the Americas. It provides a legal framework for ensuring that
individuals' civil and political rights are respected by member states of the Organization of
American States (OAS). Specifically, the Convention seeks to:
1. Protect Fundamental Rights: Safeguard basic human rights such as the right to life,
personal liberty, fair trials, freedom of expression, and protection from torture or
slavery.
 2. Establish Legal Obligations: Create binding legal obligations for states that ratify
the Convention, requiring them to uphold human rights within their territories and
take steps to prevent, investigate, and address violations.
3. Provide Accountability: Offer mechanisms like the Inter-American Commission and
Court of Human Rights to ensure that individuals whose rights are violated can seek
justice, and states can be held accountable for human rights abuses.
4. Promote Regional Human Rights Standards: Develop and enforce a shared set of
human rights standards in the Western Hemisphere, enhancing cooperation between
countries to protect individuals' freedoms.
In essence, the Convention aims to create a more just and humane society by ensuring that all
people in the Americas enjoy fundamental human rights.
RIGHTS PROTECTED-
1. CIVIL & POLITICAL RIGHTS
• Right to judicial personality
• Right to human treatment
• Freedom from slavery
• Right to fair trial
• Right to privacy
• Right to assembly
• Right to nationality
• Right to participate in government
• Right to equal protection of law

2. ECONOMIC, SOCIAL AND ULTURAL RIGHTS

• Right to work
• Trade union rights
• Right to social security
• Right to health and healthy environment
• Right to food
• Right to education

In short the key provisions of the convention are –

• Right to juridical personality: Everyone has the right to be recognized as a person
before the law.
• Right to life: Life is protected from conception. The death penalty can only be
imposed for the most serious crimes, following a legal process, and cannot be
reinstated in states that have abolished it. It cannot be applied to political offenses.
• Right to humane treatment: No one should be subjected to torture or cruel,
inhuman, or degrading treatment. Prison punishment should focus on reform and
social re-adaptation.
• Freedom from slavery: No one shall be held in slavery or servitude.
• Right to personal liberty: No one can be arbitrarily arrested or imprisoned.
Detainees must be informed of the reasons for their detention, notified of charges, and
brought promptly before a judge. They must be tried within a reasonable time or
released.
• Right to a fair trial: Every person accused of a crime is presumed innocent until
proven guilty by law. The accused has the right to defend themselves or choose legal
counsel and communicate privately with their counsel.
• Freedom of conscience and religion: Everyone has the right to practice their religion
freely.
• Freedom of thought and expression: This includes the freedom to seek, receive, and
share information and ideas through any medium. Governments cannot restrict this by
controlling media or other indirect methods. Propaganda for war or hatred inciting
violence is punishable by law.
• Right of assembly: People have the right to assemble peacefully.
• Freedom of association: People have the right to form associations and join groups
freely.
• Rights of the family: Marriage requires the free consent of both parties. States must
ensure equality of rights and responsibilities during marriage and its dissolution.
• Right to a name: Everyone has the right to a given name and their parents' surname.
• Right to nationality: No one shall be arbitrarily deprived of their nationality or the
right to change it.
• Right to property: Everyone has the right to own property.
• Freedom of movement and residence: Every person has the right to move freely
within a country and leave any country, including their own.
• Right to participate in government: Every citizen has the right to take part in public
affairs, vote, and be elected in free and fair elections, and to access public service
positions under equal conditions.
 • Right to equal protection: All persons are equal before the law and are entitled to
equal protection without discrimination.
• Right to judicial protection: Everyone has the right to prompt and simple recourse to
a court for protection against violations of their fundamental rights.

RESTRICTION IMPOSED ON THE RIGHTS-

These rights and freedoms may be suspended in the time of war, public danger or emergency
that threatens the independence and security of the state party.
MACHINERIES OF THE CONVENTION –

The Inter-American System is composed of two principal entities:

• Inter-American Commission on Human Rights (IACHR)
• Inter-American Court of Human Rights (IACtHR).

Both bodies can decide individual complaints concerning alleged human rights violations and
may issue emergency protective measures when an individual or the subject of a complaint is
in immediate risk of irreparable harm. The Commission also engages in a range of human
rights monitoring and promotion activities (including through its various rapporteurships),
while the Court may issue advisory opinions on issues pertaining to the interpretation of the
Inter-American instruments at the request of an OAS organ or Member State.
Additional bodies within the Inter-American System focus on particular rights or groups.
These include the Inter-American Commission of Women (CIM, by its Spanish initials), the
Working Group on the Protocol of San Salvador, and the Follow-up Mechanism to the Belém
do Pará Convention (MESECVI).
I. Inter-American Commission on Human Rights (IACHR)
The Inter-American Commission on Human Rights (IACHR) addresses human rights
conditions and violations in the 35 Member States of the Organization of American States
(OAS). The member states include countries such as the USA, Canada, Brazil, Argentina, and
Venezuela.
Established by an OAS resolution in 1959 and operational since 1960, the IACHR monitors
human rights through on-site visits and began processing specific complaints of violations in
1965. In 1967, OAS Member States recognized the IACHR as the primary human rights body
in the region through a protocol that took effect in 1970.
The Commission consists of seven members elected by OAS Member States to serve part-
time for four-year terms, which can be renewed once. They are supported by the Executive
Secretariat's staff.
In June 2019, four seats on the Commission were filled through an election process.
The IACHR conducts country visits, holds thematic hearings on human rights issues,
publishes reports, requests precautionary measures for at-risk individuals, and has established
thematic rapporteurships to monitor specific rights and communities.
Individuals, groups, and recognized non-governmental organizations can submit petitions
about alleged violations of the American Declaration of the Rights and Duties of Man, the
American Convention on Human Rights, and other regional treaties. The Commission
receives over 2,000 petitions annually.
The IACHR’s Statute and Rules of Procedure detail its structure and functions, with daily
case processing determined by the Executive Secretariat's legal staff. The Commission's
website provides access to published cases, precautionary measures, annual reports, thematic
reports, and recordings of hearings organized by theme.
Although there is no formal procedure calling for periodic reports from the State parties on
measures implementing their obligations under the Convention, the Inter-American
Commission on Human Rights can ask parties to report on the human rights situation in their
respective countries. The Commission can make recommendations and reports annually on
compliance by the State parties concerned with these recommendations.
The Rapporteurships of the Inter-American Commission on Human Rights
The Inter-American Commission on Human Rights (IACHR) established rapporteurships
in 1990 as special mechanisms aimed at protecting and promoting the rights of vulnerable
groups historically faced with marginalization. These rapporteurships enable the Commission
to monitor human rights conditions on specific topics of concern.
As of April 2020, there are nine thematic rapporteurships and two special rapporteurships.
These mechanisms collect and disseminate information on how various groups and rights are
protected across OAS Member States. They use this information to create reports and
recommendations for Member States to enhance the protection and promotion of human
rights, guiding the IACHR in its decisions.
Thematic rapporteurships are typically overseen by one of the Commission's seven part-time
Commissioners, who are assigned based on the Commission's decisions. Each Member State
is also assigned a country rapporteur from among the seven Commissioners, responsible for
carrying out Commission-assigned activities within that state. Thematic rapporteurs often
collaborate with country rapporteurs during country visits.
In contrast, the special rapporteurs on freedom of expression and on economic, social,
cultural, and environmental rights are independent experts chosen by the Commission. They
serve full-time for three-year terms, which can be renewed once.
The rapporteurships report their activities to the Commission, which in turn presents Annual
Reports to the OAS General Assembly. These reports summarize the rapporteurships’
activities, including any produced reports and promotional efforts undertaken.
• Generally, rapporteurships and special rapporteurships may:
 • advise the Commission in its processing of individual petitions, cases, and requests
for precautionary and provisional measures related to their mandate;
• undertake country visits to investigate human rights conditions;
• conduct thematic reports and studies;
• develop recommendations to Member States;
• organize seminars, workshops, and specialized meetings;
• raise awareness of human rights issues;
• receive information from individuals and civil society;
• provide the Commission with annual reports on their work; and,
• contribute to the development of international human rights law.

II. Inter-American Court of Human Rights

The Inter-American Court of Human Rights (IACtHR) is the judicial body of the Inter-
American human rights system. Its mandate is narrower than the Commission’s, as it only
hears cases against OAS Member States that have accepted its jurisdiction. Cases must first
be processed by the Commission, and only States parties or the Commission can refer cases
to the Court.
The Court is composed of seven independent judges, elected by OAS Member States through
the General Assembly, serving six-year terms with the possibility of one renewal. Judges
meet several times a year for sessions, while the Court’s staff works year-round.
As of January 2021, 24 OAS Member States are parties to the American Convention on
Human Rights, and 20 of them have accepted the Court’s contentious jurisdiction under
Article 62. These include countries like Argentina, Brazil, Mexico, and Peru. Trinidad and
Tobago (1998) and Venezuela (2012) withdrew from the Court’s jurisdiction, though
Venezuela’s ratification was later recognized in 2019 by opposition leader Juan Guaidó.
The Court began operating in 1979 and issued its first advisory opinions. It did not start
exercising contentious jurisdiction until 1986 with its first case, Velasquez Rodriguez v.
Honduras, which led to a judgment in 1988. Over the years, the Court’s case load has more
than doubled, addressing various rights from extrajudicial executions to labor, land, and
freedom of expression rights.
The Court is only able to hear and decide cases that:
1. Have first been processed by the Commission and are referred by a State party or the
Commission. Individuals cannot bring a case directly to the Court; they have to have
first filed a complaint with the Commission. The Court can only deal with individual
complaints when they have been considered and referred to it by the
Commission; and
 2. That are brought against or by OAS Member States that have have specifically
accepted the Court’s contentious jurisdiction (the authority of the Court to rule on
cases) in accordance with Article 62(1) of the American Convention on Human
Rights. The 20 States over which the Court may exercise its contentious jurisdiction
are: Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican
Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua,
Panama, Paraguay, Peru, Suriname, and Uruguay.
The Court's decisions are binding and cannot be appealed.

ASEAN INTER-GOVERNMENTAL COMMISSION ON HUMAN RIGHTS

The ASEAN Intergovernmental Commission on Human Rights (AICHR) is a regional
human rights body established to promote and protect human rights within the member states
of the Association of Southeast Asian Nations (ASEAN). It serves as an overarching
framework for human rights cooperation and dialogue in Southeast Asia, reflecting ASEAN’s
commitment to uphold human rights principles.
The ASEAN Intergovernmental Commission on Human Rights (AICHR) was inaugurated by
the ASEAN Leaders on 23 October 2009 at the 15th ASEAN Summit in Cha-Am Hua Hin,
Thailand. This was further enhanced with the promulgation of the ASEAN Human Rights
Declaration (AHRD), adopted in November 2012 with the Phnom Penh Statement on the
Adoption of the AHRD signed by ASEAN Leaders. The establishment of the AICHR
demonstrates ASEAN’s commitment to pursue forward-looking strategies to strengthen the
regional cooperation on human rights. The AICHR is designed to be an integral part of
ASEAN organisational structure and an overarching institution with overall responsibility for
the promotion and protection of human rights in ASEAN.
Establishment of AICHR:
The AICHR was officially established on October 23, 2009, during the 15th ASEAN
Summit in Thailand. Its creation followed ASEAN’s endorsement of the ASEAN Charter in
2007, which emphasized the importance of protecting human rights and fundamental
freedoms. Article 14 of the ASEAN Charter provided the basis for the formation of a human
rights body, leading to the AICHR's establishment.
Key Objectives and Functions:
• Promotion of Human Rights: AICHR’s main objective is to promote awareness of
human rights across ASEAN through education, capacity-building, and public
outreach.
• Human Rights Dialogue: It fosters dialogue and cooperation on human rights issues
within ASEAN and with other international and regional bodies.
• Advisory Role: AICHR provides advice and recommendations to ASEAN Member
States on how to better implement human rights protections.
• Studies and Reports: It conducts research and issues thematic reports on human
rights concerns in the region.
 • Human Rights Promotion and Awareness: Organizing seminars, workshops, and
public awareness campaigns to promote human rights education and understanding
across the region.
• Capacity Building: Enhancing the capacity of ASEAN member states to implement
human rights standards by providing technical assistance and sharing best practices.
• Consultation and Cooperation: Facilitating dialogues between AICHR, civil society
organizations, international human rights bodies, and other stakeholders to foster
cooperation and collaboration on human rights issues.
The AICHR members are called Representatives, who are nominated by their respective
Governments. Decision-making of the AICHR is based on consultation and consensus. Since
its establishment, the AICHR has adopted several key documents, including the Guidelines
on the Operations of AICHR and the Guidelines on the AICHR’s Relations with Civil
Society Organisations (CSOs). The AICHR’s priority areas on human rights are found in the
Five-Year Work Plan, which is based on the 14 mandates of the AICHR outlined in their
TOR. Each year, the AICHR specifies their high priority programmes and activities for the
year based on the Work Plan and in response to emerging exigencies on human rights in the
region. The AICHR has completed its first Five-Year Work Plan 2010 – 2015.
The AICHR holds two regular meetings per year and additional meetings when necessary,
and reports to the ASEAN Foreign Ministers.

AICHR's Five-Year Work Plan:

The Five-Year Work Plan is a strategic roadmap outlining AICHR’s priorities and
initiatives over a five-year period. This plan guides its efforts to promote human rights in
ASEAN and includes various projects, initiatives, and activities.
Implementation of the Work Plan:
• Coordination by the Secretariat: The ASEAN Secretariat provides logistical and
administrative support to ensure the smooth implementation of AICHR’s work plan.
This includes organizing meetings, assisting in project coordination, and facilitating
communication among member states.
• Consultative Approach: AICHR works closely with member states to develop
activities and initiatives aligned with their national priorities while maintaining
ASEAN’s principles of consensus and non-interference.
Challenges in Implementation:
• Limited Enforcement Power: AICHR’s mandate is promotional, meaning it focuses
on awareness and capacity-building rather than enforcement of human rights laws.
This limits its ability to address violations directly.
• Consensus-Based Decision-Making: ASEAN’s consensus model can slow down
decision-making processes and affect the ability to take strong actions on sensitive
human rights issues.
ASEAN Human Rights Declaration (AHRD):
The AHRD was adopted on November 18, 2012, during the 21st ASEAN Summit in Phnom
Penh, Cambodia. It represents ASEAN’s collective commitment to human rights,
emphasizing respect for human dignity, equality, and freedom.
Key Principles of the AHRD:
1. Civil and Political Rights: The AHRD affirms the right to life, freedom from torture,
freedom of expression, and the right to participate in government, among other civil
and political rights.
2. Economic, Social, and Cultural Rights: It guarantees rights such as the right to
education, healthcare, work, and an adequate standard of living.
3. Right to Development: It emphasizes that all peoples and individuals have the right
to enjoy development, reflecting ASEAN's focus on balanced, inclusive, and
sustainable growth.
4. Cultural Relativism: While the AHRD reaffirms many universal human rights
principles, it also stresses ASEAN's "regional and national particularities" and the
importance of respecting the different cultural, religious, and historical backgrounds
of its member states. This has drawn some criticism, as it appears to leave room for
subjective interpretation of rights.
5. Balancing Rights with Responsibilities: The AHRD acknowledges that rights are
balanced by corresponding duties to others, society, and the state, a key aspect of
ASEAN’s approach to human rights.
Relation Between AHRD and AICHR:
The AICHR is responsible for promoting and protecting the human rights outlined in the
AHRD. The AICHR played a pivotal role in drafting the AHRD, and its mandate includes
overseeing the implementation of the principles within ASEAN.
Key Connections:
1. Promotion of AHRD: AICHR promotes awareness of the AHRD through
educational programs, public outreach, and capacity-building initiatives across
ASEAN member states. It aims to ensure that the principles of the AHRD are well-
understood and respected.
2. Advisory Role: AICHR advises ASEAN governments on how to align their national
policies and practices with the principles of the AHRD. It works to encourage states
to integrate human rights protections into national laws, in line with the declaration.
3. Monitoring Human Rights: Although AICHR does not have enforcement powers, it
monitors human rights conditions in ASEAN countries and reports on compliance
with the AHRD. AICHR conducts studies and submits reports on the state of human
rights in the region, using the AHRD as a framework for its analysis.
 4. Regional Cooperation: AICHR facilitates cooperation between ASEAN states on
human rights issues. The AHRD serves as a unifying set of principles that guide
ASEAN’s regional approach to human rights protection.
5. Balancing National Sovereignty: AICHR operates within ASEAN’s principle of
non-interference in the domestic affairs of member states. This makes the AHRD a
key reference point, as it reflects ASEAN’s collective stance on human rights while
respecting the sovereignty of its members.
• Cultural and Political Differences: While the AHRD reflects a common set of
principles, the emphasis on respecting national particularities has led to varying
interpretations and levels of commitment among ASEAN member states.
• Limited Enforcement: AICHR's role is primarily promotional and advisory, so its
ability to ensure that the AHRD is fully implemented is limited by the lack of a strong
enforcement mechanism.
In summary, the ASEAN Human Rights Declaration (AHRD) establishes the region’s
commitment to fundamental rights and freedoms, while the AICHR is tasked with
promoting, protecting, and ensuring these rights within ASEAN member states. AICHR's
work is directly tied to the principles laid out in the AHRD, guiding its efforts to foster a
stronger human rights framework across the region, even though it operates with limited
enforcement power.

AICHR-
The commission has been described as "toothless" by observers. The ASEAN chair at the
time of AICHR's founding, said that "the commission's 'teeth' would be strengthened down
the road", but six years after AICHR's founding, critics charge that "since it was launched
[AICHR] has yet to take any action to safeguard the most basic freedoms of citizens it
supposedly represents.
However, opportunities to develop AICHR into a strong human rights mechanism remain.
There are four processes happening in parallel in ASEAN that will contribute to the
development of the AICHR’s protection mandates. The first is the review of the ToR. Even
though it is still unclear how ASEAN foreign ministers will conduct the review process, there
may be a window of opportunity to develop human rights in the region. The second is the
review of all ASEAN organs by establishing a group of ten member state representatives to
function as the High-Level Task Force (HLTF) on Strengthening the ASEAN Secretariat and
the Review of ASEAN Organs
Third, one of the recommendations of the HLTF was to review the ASEAN Charter.33
Article 50 provides that the charter may be reviewed five years after its entry into force.
Article 14 relates to the establishment of the AICHR, so reviewing the charter may also help
strengthen the AICHR as a human rights mechanism. Last, ASEAN is drafting its
Community Blueprint Post-2015; human rights can be included as a value and action point
for the roadmap for the next 15 years.
RECOMMENDATIONS –
• The AICHR's evolution requires multiple strategies and approaches, driven by regional
forces such as civil society pressure, progressive member states, and AICHR
representatives. Key factors include political will from member states and political
opportunities in norm-setting. Cross-collaboration with other ASEAN bodies, like the
ASEAN Commission on the Promotion and Protection of the Rights of Women and
Children (ACWC) and the ASEAN Institute for Peace and Reconciliation, can help
promote human rights. AICHR must build its expertise and gain recognition from all
ASEAN organs to serve as a central human rights body.

• Strengthening the AICHR requires support from everyone –

The active roles of the regional human rights systems, national human rights institutions, civil
society organizations and parliamentarians are all important to human rights promotion in the
region. The fact that the AICHR is not popular among the population in ASEAN should be
addressed immediately. There have been a number of civil society forums and events that can
be maximized by the AICHR to promote its work and, more importantly, its mandate to
protect human rights

• Efforts should focus on making the AICHR an independent institution for human
rights
The AICHR should evolve to become an independent human rights body. Having a group of
independent representatives and experts as a member of the AICHR would help it respond to
human rights challenges in the region. It is important for the AICHR to limit governments’
control over the functioning of the commission; it must be able to act independently from
governments in order to be a credible and effective human rights mechanism.

• The AICHR should address cross-border human rights issues

The AICHR needs to function as an advisory body as well as complement the existing human
rights measures and mechanisms. While the roles of the national human rights institutions are
limited by geographical jurisdictions, the AICHR can address cross-border issues such as
trafficking in persons or migrant workers’ rights. As uniform policies are absent within the
region, a comprehensive human rights approach and solution from the AICHR would help
prevent victims from being exposed to further dangers and risks of exploitation, trafficking
and subjection to forced labour, abuse and discrimination.
 Unit 17: Role of judiciary- PUBLIC INTEREST LITIGATION

Public Interest Litigation (PIL)- emerged as a powerful judicial tool in India, particularly for
safeguarding human rights- enables the judiciary to address issues of social justice, human rights
violations, and governance failures, especially when affected individuals are unable to access the courts
due to economic or social constraints. PIL allows for a more inclusive approach to justice, enabling
third parties, such as public-spirited individuals or NGOs, to file petitions on behalf of marginalized or
disadvantaged groups. The concept of PIL in India was introduced in the late 1970s and early 1980s,
primarily through the efforts of judicial activists like Justice P.N. Bhagwati and Justice V.R. Krishna
Iyer. The rigid locus standi rule (which required the petitioner to have a direct interest in the case) was
relaxed to enable any individual or organization to approach the courts in matters where the public
interest was at stake. PIL has enabled the Indian judiciary to bridge the gap between the powerful and
the powerless, ensuring that vulnerable and marginalized sections of society have access to justice. This
includes people affected by poverty, caste-based discrimination, environmental degradation, and
gender-based violence. Through PILs, the judiciary has expanded the interpretation of Fundamental
Rights under Part III of the Constitution, particularly the right to life (Article 21), right to equality
(Article 14), and the right to non-discrimination (Article 15). Many PILs have resulted in the creation
of new rights, particularly socio-economic rights, that were not explicitly mentioned in the Constitution.

a. Hussainara Khatoon v. State of Bihar (1979)

This PIL, filed by a lawyer on behalf of undertrial prisoners languishing in Bihar jails, highlighted the
inhumane conditions in prisons and the prolonged detention of prisoners without trial. The SC
recognized the right to a speedy trial as part of the right to life and personal liberty under Article 21-
led to the release of thousands of undertrial prisoners and set a precedent for the Court to take up other
prison-related human rights violations through PIL.

b. Bandhua Mukti Morcha v. Union of India (1984)

A PIL was filed by an NGO (Bandhua Mukti Morcha) to address the exploitation of bonded laborers in
stone quarries in Haryana. SC ordered the release of bonded laborers and recognized the right to live
with human dignity as part of the right to life under Article 21. It also directed the state to take measures
for the rehabilitation of freed bonded laborers. This case highlighted the Court's commitment to
addressing labor exploitation and other socio-economic human rights issues.

c. Vishaka v. State of Rajasthan (1997)

This case was a PIL filed after the gang rape of a social worker, Bhanwari Devi, to address the lack of
legal mechanisms to protect women from sexual harassment in the workplace- issued the Vishaka
Guidelines, which set out preventive and remedial measures for sexual harassment at the workplace.
This was an example of PIL being used to frame guidelines where legislative action was absent. The
guidelines remained the de facto law until the Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act, 2013 was passed.

d. MC Mehta v. Union of India (1987) (Oleum Gas Leak Case)

This case arose from a PIL filed by environmental lawyer M.C. Mehta after a gas leak from a factory
in Delhi, similar to the Bhopal gas tragedy. The case dealt with the issue of industrial safety and
environmental protection- established the principle of absolute liability for industries engaged in
hazardous activities. The Court held that such industries have an absolute and non-delegable duty to
ensure that no harm is caused to people as a result of their operations. This case marked a significant
shift in Indian environmental and human rights jurisprudence.
e. PUCL v. Union of India (2003)

This PIL addressed the issue of starvation deaths in several parts of India despite the country having
surplus food grains. The People's Union filed the PIL for Civil Liberties (PUCL), an NGO- The
Supreme Court declared the right to food as a part of the right to life under Article 21 and directed the
government to implement food security schemes, such as the Mid-Day Meal Scheme and the Public
Distribution System (PDS). This case paved the way for enacting the National Food Security Act, 2013.

f. Narmada Bachao Andolan v. Union of India (2000)

This PIL was filed by the Narmada Bachao Andolan (NBA) movement against the construction of the
Sardar Sarovar Dam on the Narmada River, citing concerns about displacement and environmental
degradation. Outcome: The Supreme Court upheld the dam's construction but emphasized that the
government must ensure the proper rehabilitation of displaced persons. While the decision was
controversial, the case highlighted the role of PIL in raising human rights concerns related to
displacement and environmental protection.

g. Prakash Singh v. Union of India (2006)

This PIL was filed by a former police officer, Prakash Singh, calling for police reforms to address the
widespread misuse of power, custodial violence, and lack of accountability in the Indian police system.
Outcome: The Supreme Court issued detailed guidelines to reform the police system in India, including
the establishment of state security commissions and fixed tenures for police officers. The case remains
significant in the fight for human rights and accountability in law enforcement.

Challenges to the Use of PIL in Human Rights

a. Misuse of PIL

One of the main challenges with PILs is the potential for misuse. Some petitions are filed with frivolous
or ulterior motives, which undermines the seriousness of the process. The judiciary has, on several
occasions, warned against the misuse of PILs and emphasized that they should be used only for genuine
public interest matters.

b. Judicial Overreach

Critics argue that PILs sometimes result in judicial overreach, where courts make decisions on policy
matters that are within the domain of the executive and legislature. For instance, cases concerning
environmental regulations, labor rights, and food security often involve policy questions rather than
legal interpretation.

The National Commission for Women (NCW) has actively filed and intervened in many cases in the
Supreme Court of India, advocating for women's rights and ensuring legal redressal of gender issues.
Here are five prominent cases involving the NCW:

Vishaka v. State of Rajasthan (1997)- This landmark case led to the formulation of guidelines to
prevent sexual harassment at the workplace. NCW was instrumental in intervening and pushing for the
development of laws to protect women from harassment. The Supreme Court laid down the "Vishaka
Guidelines," which eventually led to the enactment of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act, 2013.

Lata Singh v. State of Uttar Pradesh (2006)- The case dealt with honor killings and the right of adult
women to marry by choice. The NCW supported the cause of women’s right to choose their life partners,
especially in the face of family and societal pressure. The Supreme Court ruled that any adult woman
has the right to marry anyone she chooses, and interference in this right is illegal.

National Commission for Women v. Union of India (2020)- The NCW filed a petition regarding the
treatment of women during the COVID-19 pandemic, addressing the increase in domestic violence
cases during the lockdown. The NCW sought directives for measures to handle the crisis. The Supreme
Court directed the government to set up special helplines and take preventive steps to protect women
from domestic violence.

Independent Thought v. Union of India (2017)- Although not directly filed by the NCW, the
commission supported the petition that dealt with the exception in marital rape laws concerning minors.
The case sought to criminalize sex with a minor wife under 18 years. The Supreme Court ruled that
sexual intercourse with a minor wife (under 18) amounts to rape, marking a significant change in child
protection laws.

Sabarimala Temple Case (2018)- In the case concerning the ban on women of menstruating age
entering the Sabarimala Temple in Kerala, the NCW strongly advocated for women's right to equal
access to public spaces, including places of worship. The Supreme Court ruled in favor of women’s
entry, lifting the age restriction, stating that it violated constitutional principles of equality.

These cases highlight NCW’s proactive role in safeguarding and promoting the rights of women in
India.

UNIT 18
EMERGING ISSUES IN HUMAN RIGHTS
The right to privacy is the right to obscure or hide parts of an individual’s life from the view of the
wider public. An individual right to privacy is seen as a fundamental human right within the wider
context of international law. In the age of surveillance from the state and private internet
communications companies, for an individual to protect their privacy or to remain obscure is now
becoming almost impossible.
The international community is now focused on addressing not only the practices of state sponsored
surveillance but also surveillance undertaken by modern communications companies. Even though
there has been some improvement in this area, the protection of individuals privacy remains ambiguous.
The basis of the protection by the international community and the United Nations is the application
and interpretation of Article 17 of the ICCPR and more recently in the United Nations Resolution on
Privacy in the Digital Age.
The basis of the privacy protection debate is how to bring surveillance practices in line with human
rights law and what privacy now means in the modern digital age. International law in essence holds
states accountable for their actions (not in all cases) based on the effective control test. However now
there needs to be an international legal solution not only to the behaviour of states, sometimes referred
to as the Five Eyes6 states but also by communication based private companies such as Facebook.
Activities which use surveillance into individual’s digital movement without an individual’s permission
is clearly in breach of Article 17 of the ICCPR.
Article 17 of the ICCPR 1966 sets out privacy as the following:
1.No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or
correspondence nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
In 1988 this was further expanded in General Comment No 16 on Article 17 ICCPR. This Comment
explained:
1. Article 17 provides for the right of every person to be protected against arbitrary or unlawful
interference with his privacy, family, home or correspondence as well as against unlawful attacks on
his honour and reputation. In the view of the Committee this right is required to be guaranteed against
all such interferences and attacks whether they emanate from State authorities or from natural or legal
persons. The obligations imposed by this article require the State to adopt legislative and other measures
to give effect to the prohibition against such interferences and attacks as well as to the protection of this
right.
2. In this connection, the Committee wishes to point out that in the reports of States parties to the
Covenant the necessary attention is not being given to information concerning the manner in which
respect for this right is guaranteed by legislative, administrative or judicial authorities, and in general
by the competent organs established in the State. In particular, insufficient attention is paid to the fact
that article 17 of the Covenant deals with protection against both unlawful and arbitrary interference.
That means that it is precisely in State legislation above all that provision must be made for the
protection of the right set forth in that article. At present the reports either say nothing about such
legislation or provide insufficient information on the subject.

In 1966 the ICCPR was not adequately sufficient in scope to ascertain the threat to individual privacy
from digital and data collection technologies because these technologies did not exist.
The definition contained within the 1966 document is therefore is considered too narrow in today’s
technological advances in communication and data collection to be a full formed definition of the
protection of privacy.
The 1988 General Comment only goes a little further to distinguish the incoming threat of data
collection by states and the protection of states from individual’s private data being interfered with.
However, a full appreciation of technologies concerning communication and information were not fully
appreciated as these technologies were only at their infancy.
The international community and the United Nations needs to look at updating the definition within the
context of the modern digital age. This general discussion has been enhanced by the appointment of the
United Nations Special Rapporteur Frank La Rue , whose sole aim is to report on the infringement of
privacy at state level regarding individuals privacy protection.
The General Comment to Article 17 states that ‘the gathering and holding of personal information on
computers, databanks and other devices by public authorities or private bodies must be regulated by
law.’Article 17 guidelines have also been agreed upon by the Human Rights Committee (HRC) and has
been followed in a number of European Court of Human Rights (ECtHR) decisions.
The international community has taken steps to look at enhancing the protection of privacy since the
adoption of the ICCPR in 1966 and the subsequent HRC’s adoption of General Comment No 16 on the
right to privacy in 1988.
These steps do include a focus on human rights and surveillance practices of the UN High
Commissioner for Human Rights and the UN Special Rapporteurs on Freedom of Expression and
Counter-Terrorism. The adoption of both UN General Assembly Resolutions and the UN Human Rights
Council Resolutions on the right to privacy showed a focus on the issues by the international
community.
Of course there is a strong argument that these steps are not progressive enough. Most of these
advancements can be seen as mainly regional agreements or soft law without any real binding
obligations on states for the protection of privacy. However, some of these wider international
community discussions and advancements in the need to protect privacy have started to influence the
legal framework of states intrusion into an individual’s privacy.
How does infringement of right to privacy leads to human right violation
Infringement of the right to privacy can lead to multiple human rights violations by undermining
personal autonomy, limiting freedoms, and exposing individuals to potential harm. Here’s how privacy
breaches can cascade into broader human rights violations:
1. Violation of Personal Autonomy and Dignity: Privacy is crucial for individuals to maintain
control over personal information, relationships, and decision-making. When privacy is infringed,
individuals lose this autonomy, affecting their sense of dignity and control over their own lives. This
can lead to a loss of self-esteem, confidence, and psychological well-being, undermining the
fundamental right to personal integrity.
2. Suppression of Freedom of Expression and Opinion: A lack of privacy can lead people to self-
censor, as they may feel they are being constantly monitored or judged. When individuals know that
their online or offline conversations, messages, and browsing habits are subject to surveillance, they
may hesitate to share opinions or discuss sensitive topics. This effectively restricts their freedom of
expression, a fundamental human right that enables social and political participation.
3. Threats to Freedom of Association: Privacy violations, especially through surveillance, can
discourage individuals from associating with certain groups, organizations, or communities. This can
be particularly harmful for activists, journalists, and marginalized groups, who rely on privacy to
connect and organize freely. When their interactions and affiliations are monitored or controlled, their
right to freedom of association is compromised, potentially weakening civil society.
4. Discrimination and Social Exclusion: Privacy invasions can lead to discrimination, especially
when sensitive data is used to profile or target certain groups based on characteristics like ethnicity,
religion, gender, or political affiliation. For example, data collected through surveillance or profiling
could be used to deny someone a job, a loan, or access to healthcare. This leads to social exclusion and
violates the right to equality and non-discrimination.
5. Violation of Right to Security and Freedom from Arbitrary Intrusion: Privacy breaches can
expose individuals to threats like identity theft, cyberbullying, or harassment. For instance, when
personal data is leaked or hacked, individuals can become vulnerable to stalking, fraud, or blackmail.
This compromises their right to security and freedom from arbitrary interference, leaving them exposed
to harm and with little recourse for protection.
6. Chilling Effect on Human Rights Defenders and Journalists: Journalists and human rights
activists depend on privacy to conduct their work safely. Surveillance and breaches of privacy can lead
to a chilling effect, where they are discouraged from pursuing investigations or expressing dissenting
views. This undermines the right to information and transparency, impacting democratic processes and
societal accountability.
7. Impact on Vulnerable Populations, Including Children: Privacy violations disproportionately
affect vulnerable groups, such as children, who may lack the knowledge to understand and protect their
privacy rights. Children are particularly susceptible to exploitation, data misuse, and manipulation
online, affecting their mental well-being, security, and development. Other vulnerable groups, like
refugees and minorities, also face increased risk of surveillance and profiling, potentially resulting in
persecution and human rights abuses.
INTERNATIONAL COVENANTS –

Universal Declaration of Human Rights (UDHR) - 1948

• Article 12: The UDHR explicitly mentions the right to privacy, stating that "no one shall be
subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon
his honour and reputation." This article establishes privacy as a basic human right and provides a
foundation for other international treaties.
• Although the UDHR is not legally binding, it is widely recognized as a foundational human
rights document and has influenced subsequent binding international covenants.

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

• Article 17: The ICCPR directly addresses privacy, asserting that "no one shall be subjected to
arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful
attacks on his honour and reputation." This article also requires states to provide legal protections
against such interference or attacks.
• The ICCPR is legally binding for its signatories, making Article 17 one of the most important
global legal standards for privacy rights.

3. Convention on the Rights of the Child (CRC) - 1989

• Article 16: The CRC provides explicit privacy rights for children, stating that "no child shall
be subjected to arbitrary or unlawful interference with his or her privacy, family, home or
correspondence." This provision reflects the need for special protections for children, who are often
particularly vulnerable to privacy violations.
• The CRC is widely ratified, with nearly universal adoption, reinforcing the right to privacy for
children globally.

4. Convention on the Rights of Persons with Disabilities (CRPD) - 2006

• Article 22: The CRPD recognizes the right to privacy for persons with disabilities, explicitly
prohibiting arbitrary or unlawful interference with their privacy, family, home, correspondence, or
communication. This provision underscores the need for privacy protections that are inclusive of all
individuals, regardless of disability status.

5. European Convention on Human Rights (ECHR) - 1950

• Article 8: The ECHR provides comprehensive protection of the right to privacy, stating that
"everyone has the right to respect for his private and family life, his home, and his correspondence." It
further clarifies that any interference by a public authority must be lawful and necessary in a democratic
society.
• Although specific to European countries, the ECHR is one of the most detailed and widely
applied frameworks for privacy rights and has influenced privacy standards globally, particularly
through case law from the European Court of Human Rights.
6. American Convention on Human Rights (ACHR) - 1969
• Article 11: The ACHR explicitly protects privacy, stating that "no one may be the object of
arbitrary or abusive interference with his private life, his family, his home, or his correspondence." The
ACHR sets privacy as a human right for countries in the Americas, establishing standards similar to
those in the UDHR and ICCPR.

7. African Charter on the Rights and Welfare of the Child (ACRWC) - 1990
• Article 10: The ACRWC specifically addresses children's right to privacy, prohibiting arbitrary
or unlawful interference with their privacy, family, home, or correspondence. This provision parallels
the protections in the CRC, reinforcing privacy rights for children in the African context.

8. African Charter on Human and Peoples’ Rights (ACHPR) - 1981

• While the ACHPR does not explicitly mention privacy, its protections for human dignity,
integrity, and freedom imply a right to privacy. Article 4 emphasizes respect for life and integrity, and
Article 5 prohibits mistreatment and respect for dignity. These provisions are increasingly interpreted
to include privacy rights, especially as African nations develop regional privacy standards.

9. UN General Assembly Resolution on the Right to Privacy in the Digital Age - 2013
• This non-binding resolution highlights the importance of privacy in the digital age and calls on
states to respect privacy rights in cyberspace. It emphasizes concerns about the impact of mass
surveillance, data collection, and misuse of personal information and encourages states to adopt policies
protecting digital privacy.
• This resolution has been a critical step toward recognizing digital privacy as a fundamental
human right, given the exponential growth of internet use and data collection practices globally.

10. Guiding Principles on Business and Human Rights - 2011

• Although not legally binding, these principles outline the responsibilities of corporations to
respect human rights, including privacy. They urge businesses to avoid infringing on human rights and
to address negative impacts they may have, directly or indirectly, on privacy through their practices,
particularly in data collection and surveillance.

REFUGEE CRISIS
The refugee crisis represents one of the most pressing global challenges of the 21st century. With
millions displaced due to conflict, persecution, and human rights violations, the crisis raises critical
human rights concerns that demand comprehensive understanding and response. Below, we delve
deeply into the refugee crisis, examining its causes, legal frameworks, emerging human rights issues,
and specific challenges faced by refugees, complemented by relevant case studies and statistics.
1. Understanding the Refugee Crisis
1. Definition of a Refugee
According to the 1951 United Nations Convention Relating to the Status of Refugees, a refugee is
defined as someone who is outside their country of nationality and is unable or unwilling to return due
to a well-founded fear of persecution based on:
• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion
This definition underscores the specific vulnerabilities faced by refugees and the necessity of
international protection.
Definition of a Refugee
The 1951 United Nations Convention Relating to the Status of Refugees defines a refugee as a person
who has fled their country due to a well-founded fear of persecution based on five specific grounds:
race, religion, nationality, membership in a particular social group, or political opinion. This
definition plays a critical role in international law and serves as the foundation for the legal protection
of refugees. It reflects the recognition that individuals may be compelled to leave their homeland not
by mere economic hardship, but due to existential threats to their safety and freedom.
Key Aspects of the Definition:
• Well-Founded Fear: This term emphasizes that the fear must be substantiated by evidence or
reasonable belief. It ensures that individuals who genuinely fear persecution receive protection.
• Persecution: This term encompasses serious human rights violations, including violence,
torture, and discriminatory practices that threaten an individual’s life or liberty.
• Crossing Borders: The definition explicitly states that refugees must be outside their country
of origin, distinguishing them from internally displaced persons (IDPs) who have not crossed
international borders.

Current Statistics
The current statistics on refugees paint a stark picture of the global situation:
• UNHCR Global Trends Report (2023) indicates that there are over 26 million refugees
worldwide, the highest number ever recorded.
• Additionally, the number of internally displaced persons (IDPs) stands at 53 million,
indicating a growing crisis not only across borders but within nations themselves.
• Countries Hosting Refugees: Turkey remains the largest host country, with over 3.6 million
refugees, primarily from Syria. Other significant host countries include Colombia (over 2.5 million),
Uganda (over 1.5 million), and Pakistan (over 1.5 million). This trend underscores the burden placed
on countries that are often already struggling with their economic and social challenges.
Causes of the Refugee Crisis
Understanding the root causes of the refugee crisis is crucial to formulating effective responses. The
crisis is complex and multifaceted, with various interrelated factors contributing to the displacement
of people worldwide.
1. Armed Conflict and Violence
Armed conflicts are a principal driver of displacement. According to the UNHCR, conflicts not only
lead to direct violence against civilians but also to the collapse of social structures, making it
impossible for people to live safely in their home countries.
• Syria: The ongoing civil war that began in 2011 has resulted in the exodus of over 6.8 million
Syrians. The conflict involves various factions, including the government, ISIS, and rebel groups,
leading to widespread violence and human rights violations. Many refugees are now living in
makeshift camps or urban settings in neighboring countries like Turkey and Lebanon, facing
challenges such as poverty, lack of healthcare, and restricted access to education.
• Afghanistan: The resurgence of the Taliban in 2021 has created another wave of refugees.
Many Afghans, including women, ethnic minorities, and those who worked with international
organizations, fear persecution and have sought asylum in countries like Iran, Pakistan, and further
afield in Europe.
2. Political Persecution
Political persecution is another critical factor driving individuals to seek refuge. Authoritarian regimes
often target dissenters, activists, and anyone who opposes the government.
• Venezuela: The political and economic crisis in Venezuela has led to over 6 million people
fleeing the country. The government of Nicolás Maduro has been accused of human rights violations,
including the use of violence against protesters and political opponents. Many Venezuelans have
sought asylum in neighboring countries, but the sheer number has strained local resources and
services.
• Belarus: Following the disputed presidential elections in 2020, the government cracked down
on dissent. Many political activists and journalists faced imprisonment or persecution, prompting
them to flee to neighboring countries, including Poland and Lithuania.
3. Systematic Human Rights Violations
Systematic human rights violations can lead to displacement as individuals flee to escape persecution
based on their identity, beliefs, or affiliations.
• Rohingya Crisis: The Rohingya Muslims in Myanmar have faced years of systemic
discrimination and violence, culminating in the military's violent crackdown in 2017. Over 1 million
Rohingya refugees now reside in Bangladesh's Cox's Bazar, living in overcrowded and unsanitary
conditions. The international community has condemned Myanmar's actions, but the Rohingya
continue to face challenges, including limited access to basic services and legal recognition.
4. Environmental Factors and Climate Change
While traditionally overlooked in discussions about refugees, environmental factors and climate
change are becoming increasingly significant drivers of displacement.
• Bangladesh: Bangladesh is one of the most climate-vulnerable countries in the world. Coastal
erosion, flooding, and cyclones displace millions every year. In 2020, an estimated 1.5 million people
were displaced by natural disasters, often leading them to seek refuge in urban centers where they face
inadequate housing and services.
• Sub-Saharan Africa: Climate change has exacerbated resource scarcity, particularly water and
arable land, leading to conflicts and displacement. For instance, in the Sahel region, changing weather
patterns have intensified competition for resources, forcing communities to migrate.
Emerging Human Rights Issues for Refugees
The refugee crisis gives rise to several critical human rights issues, which require immediate attention
and action from governments and international organizations.
1. Access to Asylum
Access to asylum is a fundamental human right recognized under international law, yet many refugees
encounter significant barriers.
• Border Restrictions: Many countries have enacted policies that restrict entry to asylum
seekers. For example, Hungary's construction of fences and implementation of laws that criminalize
border crossing has effectively prevented many refugees from seeking asylum. As a result, refugees
often find themselves in limbo, unable to access necessary protections and support.
• Legal Barriers: The asylum process can be complex and bureaucratic, leaving many
vulnerable individuals without legal representation. In countries like the U.S., the backlog of asylum
claims has resulted in years of waiting for hearings, leaving applicants in precarious situations without
work authorization or support.
Case Study: M.S.S. v. Belgium and Greece (2011)
This case addressed the issue of asylum seekers being returned to Greece, where the asylum system
was overwhelmed and inadequate. The European Court of Human Rights ruled that Belgium violated
the European Convention on Human Rights by returning an asylum seeker to Greece. This landmark
decision underscored the importance of ensuring fair and effective asylum procedures throughout
Europe, emphasizing that states must uphold their obligations to protect refugees from inhumane
treatment.
________________________________________
2. Detention of Refugees
The detention of refugees is a significant human rights concern, often leading to violations of
fundamental rights.
• Arbitrary Detention: Many refugees are detained without due process, often in facilities that
do not meet international standards. The U.S. immigration detention system has faced criticism for
holding asylum seekers in substandard conditions. Reports indicate that individuals, including
families with children, are held in facilities lacking adequate healthcare and psychological support.
• Impact on Vulnerable Populations: Children, women, and survivors of torture are particularly
vulnerable in detention settings. Many suffer from mental health issues due to the trauma of
displacement and the conditions of detention.
Case Study: Amnesty International Reports on Australian Detention Centers
Amnesty International has published multiple reports detailing human rights violations in Australia’s
offshore detention centers. These reports highlight inadequate medical care, prolonged detention, and
a lack of legal recourse for asylum seekers. Such conditions not only violate international human
rights norms but also undermine the mental health and well-being of those detained.
________________________________________
3. Access to Basic Services
Access to essential services such as healthcare, education, and housing is crucial for refugees’
survival and integration.
• Healthcare Access: Refugees often encounter barriers in accessing healthcare due to lack of
insurance, language difficulties, and limited availability of services. In Greece, many refugees lack
access to necessary medical care, resulting in deteriorating health conditions. For instance, reports
indicate that refugees in camps face challenges in accessing timely medical attention, particularly for
chronic illnesses and mental health issues.
• Education: Refugee children frequently experience interruptions in their education, affecting
their future opportunities. In Lebanon, where over 1 million Syrian children are displaced, many
remain out of school due to overcrowded classrooms and language barriers. The loss of educational
opportunities can have long-term effects on their development and integration.
Case Study: UNICEF’s Education Initiatives in Lebanon
UNICEF has implemented various education programs aimed at providing Syrian refugee children
with access to quality education. Initiatives include establishing informal education programs and
providing psychosocial support to help children cope with trauma. By promoting inclusive education,
UNICEF aims to ensure that refugee children have opportunities for learning and development.
________________________________________
4. Xenophobia and Discrimination
Xenophobia and discrimination against refugees can lead to social exclusion and violence,
exacerbating their plight.
• Public Perception: Negative portrayals in the media and political rhetoric can foster fear and
hostility towards refugee communities. In several European countries, anti-immigrant sentiments have
surged, leading to protests and violence against refugees. The spread of misinformation about
refugees can fuel public fears, resulting in a hostile environment for those seeking safety.
• Legal Discrimination: Refugees may face legal barriers that restrict their rights to work, vote,
or access public services. In some cases, policies may deliberately exclude refugees from social
protections, leaving them vulnerable to exploitation.
Case Study: Anti-Refugee Sentiment in Europe
The rise of populism in Europe has led to increased anti-refugee sentiment, manifesting in policies
aimed at restricting asylum and support. Countries like Hungary and Poland have enacted laws that
limit the rights of refugees and asylum seekers, fostering an environment of discrimination and
hostility. This trend has implications not only for the rights of refugees but also for social cohesion
and integration within host communities.
________________________________________
5. Long-Term Displacement and Statelessness
Many refugees face the prospect of long-term displacement, leading to complex legal and human
rights challenges.
• Protracted Refugee Situations: Over 60% of refugees are in protracted situations, meaning
they have been displaced for five years or longer. In these scenarios, refugees often live in limbo,
unable to return home, integrate locally, or resettle to third countries. This lack of durable solutions
can lead to frustration and despair, impacting mental health and community cohesion.
• Statelessness: Some refugees, particularly those fleeing persecution based on nationality or
ethnic identity, may face statelessness, meaning they lack legal recognition from any state. This
situation can result in a lack of access to basic rights, including education, healthcare, and the ability
to work legally. The UNHCR estimates that there are 10 million stateless individuals worldwide,
many of whom are refugees.
Case Study: The Rohingya’s Statelessness
The Rohingya people, fleeing Myanmar, face not only persecution but also statelessness. The
Myanmar government denies them citizenship, leaving many without legal status. This situation
complicates their access to services and increases their vulnerability in refugee camps. Statelessness
perpetuates cycles of poverty and marginalization, as individuals struggle to gain legal recognition
and access to rights.

UNIT 19- REPRODUCTIVE RIGHTS OF WOMEN

Women play a vital role in Indian society as caretakers of culture, family, and education. They are
increasingly participating in the workforce, contributing to economic growth and innovation. Women
in leadership positions inspire change and promote gender equality. Traditionally, they have been
custodians of traditions and values, fostering community ties. Empowering women leads to healthier
families and stronger societies, making their role essential for national development.

Reproductive rights are the rights of individuals to decide whether to reproduce and have reproductive
health. This may include an individual's right to plan a family, terminate a pregnancy, use
contraceptives, learn about sex education in public schools, and gain access to reproductive health
services.

Women have the right to:

1. Decide freely and responsibly the number, spacing and timing of their children
2. Have the information and means to decide feely and responsibly the number of spacing and
timing of their children.
3. Attain the highest standard of sexual and reproductive health (you have the right to be
physically mentally and socially healthy with access to medical, mental and social facilities and
services and supports to exercise your sexual and reproductive rights.)
4. Make decisions about your reproduction free of discrimination, coercion and violence

o It is your decision whether you have 0, 1 or 7 children.

o It is your decision whether you undergo female sterilization now or when you are 50
or not at all.
5. Right to Bodily Autonomy: Women have the right to make decisions about their bodies,
including whether or when to have children. This includes the right to access contraception, the
right to terminate a pregnancy (where legal), and the right to choose when and how to become
a parent.
6. Access to Contraception: Women have the right to access a range of safe and effective
contraceptive methods to make informed choices about family planning. This includes access
to education about contraceptive options and affordable, barrier-free access to contraception.
7. Safe and Legal Abortion: In places where abortion is legal, women have the right to access safe
and legal abortion services. Access to abortion is a critical component of reproductive rights,
and restrictive abortion laws can have negative consequences for women’s health and
autonomy.
8. Prenatal and Maternal Care: Women have the right to access quality prenatal care, safe
childbirth, and postnatal care. Adequate healthcare during pregnancy and childbirth is crucial
for the well-being of both the woman and her child.
9. Freedom from Coercion and Discrimination: Women have the right to make reproductive
choices free from coercion, discrimination, and violence. This includes the right to refuse
sterilization, abortion, or other reproductive medical procedures without their informed
consent.
10. Education and Information: Women have the right to access comprehensive, accurate, and non-
biased information about their reproductive health. This includes sex education that empowers
individuals to make informed choices.
11. Access to Assisted Reproductive Technologies: Women who wish to have children through
assisted reproductive technologies, such as in vitro fertilization (IVF) or surrogacy, have the
right to access these services and to make decisions about their reproductive future.
12. Protection from Harmful Practices: Women have the right to be protected from harmful
practices, such as female genital mutilation (FGM), forced marriages, and child marriages,
which can have severe consequences for their reproductive health and rights.
13. Reproductive Healthcare Services: Women have the right to access comprehensive
reproductive healthcare services, including screening for sexually transmitted infections,
treatment for reproductive health conditions, and access to skilled healthcare professionals.
14. Privacy and Confidentiality: Women have the right to privacy and confidentiality when seeking
reproductive healthcare services. Medical information should be kept confidential unless the
woman chooses to disclose it.
 15. Support for Parenting: Women who choose to become parents have the right to support and
resources to ensure the well-being of themselves and their children. This includes access to
parental leave, childcare, and support for working mothers.
16. Advocacy and Legal Protection: Women have the right to advocate for their reproductive rights,
and governments are responsible for enacting and enforcing laws and policies that protect and
promote these rights.

These rights are supported by both national and international human rights frameworks that
prioritize women's autonomy and equality. The States have obligations to respect, protect, and
fulfill rights related to women’s sexual and reproductive health.

India was among the first countries in the world to develop legal and policy frameworks guaranteeing
access to abortion and contraception, women and girls continue to experience significant barriers to full
enjoyment of their reproductive rights, including poor quality health services and denials of women's
and girls' decision-making authority. The recognition of sexual and reproductive rights of women in the
country still remains negligible. Reproductive rights in India are understood only in the context of
selective issues like child marriage, female foeticide, sex selection and menstrual health and hygiene
issues.

MATERNAL MORTALITY IN INDIA

• India accounts for 20% of the maternal deaths worldwide.

• One in 70 women is at risk of maternal death A woman in India dies every 8 minutes from
childbirth related complications.
• About 75% of these deaths are preventable where women have access to family planning
services and emergency obstetric care.
• According to a study while 81% of Indian women are aware of some form of contraception,
barriers such as the unavailability of safe abortion services in rural areas, long travel distances,
and societal pressures often lead them to unsafe providers.
• Only 47% of Indian women were aware of the legal status of abortion services, according to a
2020 survey, showing that awareness campaigns have not been as effective as hoped

CHALLENGES-
▪ According to UNICEF India and World Bank data, India counts among the highest number of
maternal deaths worldwide. India witnesses 45,000 maternal deaths every year, coming to an
average of one maternal death every 12 minutes.
 ▪ Unsafe abortions are the third leading cause of maternal deaths in India. Lack of access to safe
abortion clinics, particularly public hospitals, and stigma and attitudes toward women,
especially young, unmarried women seeking abortion, contribute to this.

▪ Doctors refuse to perform abortions on young women or demand that they get consent from
their parents or spouses despite no such requirement by law. This forces many women to turn
to clandestine and often unsafe abortions.

▪ Limited access to contraception, especially in rural areas, restricts women's ability to prevent
unwanted pregnancies.

• Poor healthcare infrastructure and staff shortages in rural health centers hinder women’s access
to maternal healthcare, increasing risks during pregnancy and childbirth.
• Forced sterilisation, forced virginity examinations, and forced abortion, without women’s prior
consent;
• female genital mutilation (FGM)
• Inconsistent implementation of reproductive rights laws, such as the Medical Termination of
Pregnancy (MTP) Act, often creates confusion and delays for women seeking legal abortion
services.
• Privacy violations, especially in smaller communities, deter women from seeking reproductive
care out of fear of judgment or exposure.
Judicial Rescue

• The Supreme Court has been extremely progressive on women’s reproductive rights.
• By decriminalising adultery and homosexuality (Navtej Johar judgment) the court has held
clearly, that women have a right to sexual autonomy, which is an important facet of their right
to personal liberty.
• The Puttaswamy judgment specifically recognised the Constitutional right of women to make
reproductive choices, as a part of personal liberty under Article 21 of the Indian Constitution.
• In the case of Independent Thought v. Union of India in the context of reproductive rights of
girls SC held, “the human rights of a girl child are very much alive and kicking whether she is
married or not and deserve recognition and acceptance”.
• Child marriage, which can lead to early and often unsafe pregnancies, is a violation of
reproductive rights. India has enacted the Prohibition of Child Marriage Act, of 2006 to
prohibit child marriage.

THE MATERNITY BENEFIT ACT, 1961

The Act mandates 26 weeks of paid leave for women, up from 12 weeks after the 2017 amendment, for
the first two children.

For subsequent children, the leave is 12 weeks.

It also provides 12 weeks of leave for adoptive mothers of a child below three months.

The Act ensures that women are entitled to medical bonuses and allows for nursing breaks upon
returning to work.
Additionally, employers cannot terminate or dismiss women during their maternity leave, ensuring job
security. The law applies to all organizations with 10 or more employees.

The objective is to promote the health and well-being of both mother and child while safeguarding
women’s rights in the workplace.

THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PCPNDT) ACT,

1994

The Act regulates the use of prenatal diagnostic techniques like ultrasound and amniocentesis, which
could be used to determine the sex of a fetus.

It makes it illegal to reveal the sex of the fetus to expecting parents or anyone else.

Under this law, clinics, laboratories, and hospitals are required to be registered, and records of
diagnostic procedures must be maintained.

Any violation, including sex determination tests or advertisements promoting such services, can result
in imprisonment and fines

THE MEDICAL TERMINATION OF PREGNANCY (MTP) ACT, 1971

It governs abortion laws in India, allowing women to terminate a pregnancy under specific conditions.
Initially, the Act permitted abortion up to 20 weeks of gestation if continuing the pregnancy posed a
risk to the woman’s physical or mental health, or if there was a likelihood of fetal abnormalities.

In 2021, the law was amended, extending the abortion limit to 24 weeks for special categories,
including survivors of rape, incest, and minors

Abortions beyond 24 weeks can be permitted if a Medical Board diagnoses severe fetal abnormalities.

• Child marriage, which can lead to early and often unsafe pregnancies, is a violation of
reproductive rights. India has enacted the Prohibition of Child Marriage Act, of 2006 to
prohibit child marriage.

Way Forward
▪ Sexual and reproductive rights in India must include:
o a concern with maternal deaths,
o access to maternal care to safe abortions,
o access to contraceptives,
o recognition of adolescent sexuality,
o prohibition of forced medical procedures such as forced sterilisations
o removal of stigma and discrimination against women, girls and LGBTI persons on the
basis of their gender, sexuality and access to treatment.
Unit 19- Business and Human rights
Human Rights Violations by businesses refer to actions or policies by companies that directly or
indirectly infringe upon the fundamental rights and freedoms of individuals. These rights, recognized
under international human rights law, include the right to life, dignity, privacy, fair wages, safe working
conditions, freedom from discrimination, and protection from exploitation, such as forced labor or
environmental harm. Violations occur when businesses, through their operations, supply chains, or
business relationships, fail to respect, protect, or remedy adverse impacts on these rights.
Environmental harm
A healthy environment is essential for the enjoyment of a wide range of human rights, including the
rights to life, health, food, water, and adequate housing. Conversely, environmental degradation can
lead to serious human rights violations.
Right to life: Pollution, climate change, and other environmental factors can lead to health problems
that result in death. For instance, air pollution can contribute to respiratory diseases, and extreme
weather events can cause fatalities.
Right to health: Environmental harm can cause a wide range of health issues, including waterborne
diseases, malnutrition, and mental health problems. For example, contaminated water can lead to
cholera and other waterborne illnesses, and extreme weather events can disrupt access to healthcare.
Right to food: Environmental degradation, such as deforestation and desertification, can reduce
agricultural productivity and lead to food insecurity, especially in vulnerable communities. This can
result in malnutrition and hunger.
Right to water: Pollution and climate change can affect the availability and quality of water, violating
the right to access clean water. This can have serious consequences for health, sanitation, and
livelihoods.
Right to adequate housing: Extreme weather events, such as floods and hurricanes, can damage or
destroy homes, displacing people and violating their right to adequate housing.
Right to cultural heritage: Environmental harm can threaten the cultural heritage of indigenous
peoples and other communities, violating their right to maintain their cultural practices and traditions.
For example, deforestation can destroy sacred sites and cultural landscapes.
These are just a few examples of how environmental harm can explicitly violate human rights. The
interconnectedness between these two issues is complex and multifaceted, and it is important to
recognize the ways in which environmental degradation can have a direct and negative impact on the
lives of individuals and communities.
Labour exploitation
Labor exploitation is the abuse of workers for profit, and can be a form of human trafficking. It can
involve a range of practices, including:
Forced labour: Workers are forced to work or perform services.
Poor working conditions: Workers are subjected to unsafe or abusive conditions, such as long hours,
low wages, and lack of benefits.
Psychological abuse: Workers are subjected to psychological abuse, such as being kept in isolation or
fed misinformation.
Physical abuse: Workers are subjected to physical abuse, such as being beaten or threatened with
physical violence.
Control of wages: Workers' wages are controlled by another person, or deducted at source.
Poor accommodation: Workers are housed in cramped, unsanitary conditions, or overcharged for
accommodation.
Restricted movement: Workers' movement between employers is restricted or controlled.
Labor exploitation involves the abuse of workers for profit. It can include forced labour, poor working
conditions, psychological and physical abuse, and restricted movement.
Human trafficking is a form of labour exploitation that involves the recruitment, transportation, transfer,
harbouring, or receipt of people through force, fraud, or deception for the purpose of exploitation.
Child labour is the employment of children under a specified age, often in hazardous conditions. It can
deprive children of their right to education and development, and can lead to physical and psychological
harm.
Sexual harassment is any unwanted sexual behaviour that creates a hostile or offensive work
environment. It can include verbal, physical, or visual harassment.
HR violation
These issues are all human rights violations because they infringe on individuals' fundamental rights to
freedom, dignity, and equality. Key human rights affected include: Right to life: Labor exploitation and
human trafficking can lead to dangerous working conditions and physical harm.
Right to health: Poor working conditions and exposure to hazardous substances can cause health
problems.
Right to education: Child labour prevents children from attending school and receiving an education.
Right to freedom from discrimination: Sexual harassment is a form of discrimination based on
gender.
Right to work: Labor exploitation and human trafficking violate the right to work in decent conditions.
Addressing these issues requires a multi-faceted approach that includes: • Enforcement of labour laws:
Ensuring that labour laws are enforced and that workers have access to justice.
Prevention and awareness: Raising awareness about these issues and providing prevention programs.
International cooperation: Working together to address these issues on a global scale.
Victim support: Providing support and assistance to victims of these crimes. By addressing these
issues, we can help to create a more just and equitable world for all.
Discrimination and Inequality in Business
When businesses engage in discriminatory practices or perpetuate inequality, they violate the
fundamental rights of their employees and other stakeholders. Specific Examples of Discrimination and
Inequality in Business: • Workplace Discrimination: Businesses may discriminate against employees-
factors such as race, gender, religion, sexual orientation, disability, age, or national origin. This can
manifest in various forms, including unequal pay, unfair hiring practices, and hostile work
environments. • Inequality in Access to Employment: Certain groups may face barriers to entry into
the workforce due to discrimination or lack of opportunities. This can perpetuate cycles of poverty and
inequality. • Supplier and Customer Discrimination: discriminatory practices in their dealings with
suppliers or customers, leading to unfair treatment and economic disadvantage. • Labor Exploitation:
Businesses may exploit workers, particularly in developing countries, by paying low wages, demanding
long hours, and creating unsafe working conditions. • Environmental Injustice: disproportionately
impact marginalized communities through environmental pollution or resource extraction, leading to
health and environmental injustices.
Human Rights Implications:
• Violation of Fundamental Rights: Discrimination and inequality in the business context violate
fundamental human rights, including the right to work, equal treatment, non-discrimination, and a
healthy environment. • Economic Disadvantage: Discriminatory practices can lead to economic
disadvantage for marginalized groups, perpetuating cycles of poverty and inequality. • Social
Exclusion: Discrimination and inequality can contribute to social exclusion, as individuals from
marginalized groups may be denied opportunities and excluded from mainstream society. •
Reputational Damage: Businesses that engage in discriminatory practices or perpetuate inequality can
suffer reputational damage and face boycotts or other forms of consumer backlash. Addressing
Discrimination and Inequality in Business: To address discrimination and inequality in the business
context, it is essential to: • Adopt Inclusive Policies: Businesses should adopt policies and practices
that promote diversity, equity, and inclusion. • Provide Equal Opportunities, Respect Human Rights,
Engage with Stakeholders: to understand their concerns and address issues of discrimination and
inequality.
4. Health and Safety:
Fundamental Human Rights Health and safety are essential components of human rights. The right to
life, health, and well-being are fundamental to human dignity and are protected under international law.
When these rights are violated due to unsafe working conditions, inadequate healthcare, or
environmental hazards, it constitutes a serious human rights violation. Key Areas of Health and Safety
Human Rights Violations: • Occupational Safety and Health: Unsafe working conditions can lead to
injuries, illnesses, and even death. o Lack of protective equipment, exposure to hazardous substances,
and inadequate ventilation are common violations. • Healthcare Access: Denial of access to essential
healthcare services, particularly for marginalized communities, can result in preventable deaths and
suffering. Lack of adequate healthcare infrastructure, limited availability of medicines, and high costs
can hinder access to healthcare. • Environmental Hazards: Pollution, climate change, and other
environmental hazards can pose serious threats to health and safety. Exposure to contaminated water,
air pollution, and extreme weather events can have devastating consequences. Impact on Human Rights:
• Right to Life: Unsafe working conditions and inadequate healthcare can lead to preventable deaths,
violating the right to life. • Right to Health: Denial of access to healthcare and exposure to harmful
environmental factors can result in serious health problems, violating the right to health. • Right to
Adequate Living Standards: Unsafe working conditions and lack of access to essential services can
hinder individuals' ability to live with dignity, violating the right to an adequate standard of living. •
Right to Work: Unsafe working conditions can create a hostile work environment and force workers
to choose between their safety and their livelihoods, violating the right to work. Addressing Health and
Safety Human Rights Violations: • Enforce Labor Laws: Ensure that labour laws are enforced to
protect workers' rights and promote safe working conditions. • Improve Healthcare Access: Expand
access to healthcare services, particularly for marginalized communities, by investing in healthcare
infrastructure and reducing costs. • Address Environmental Hazards: Implement policies and
regulations to mitigate environmental hazards and protect public health. • Promote Corporate
Responsibility: Hold corporations accountable for their health and safety practices, ensuring that they
respect human rights in their operations.
5. The Right to Privacy and Digital Rights in Business Transactions: The right to privacy and digital
rights are fundamental human rights that must be protected in business contexts. Key Considerations: •
Data Collection and Use: Businesses often collect and process personal data as part of their operations-
used lawfully and ethically, respecting individuals' right to privacy. • Consent and Transparency:
Businesses must obtain informed consent from individuals before collecting and using their personal
data- also be transparent about their data practices and how they protect individuals' privacy. • Data
Security: Businesses have a responsibility to protect individuals' personal data from unauthorized
access, use, disclosure, alteration, or destruction. • Cross-Border Data Transfers: When businesses
transfer personal data across borders, they must comply with applicable data protection laws in both the
sending and receiving jurisdictions. • Surveillance and Monitoring: Businesses may use surveillance
or monitoring technologies to track employees or customers- respects individuals' right to privacy and
is proportionate to the legitimate business purpose. • Digital Discrimination: Algorithms and other
digital technologies can perpetuate discrimination if they are not designed and used ethically- must
ensure that their digital tools do not discriminate against individuals based on protected characteristics.
Human Rights Implications: • Violation of Privacy: Failure to protect individuals' privacy can lead to
serious consequences, including identity theft, financial loss, and emotional distress. • Discrimination:
Discriminatory algorithms or practices can perpetuate social inequalities and violate individuals' rights
to equality and non-discrimination. • Limited Freedom of Expression: Excessive surveillance or
monitoring can chill freedom of expression and association. • Economic Disadvantage: Individuals
who are unable to exercise their digital rights may be at a disadvantage in the digital economy.
Best Practices for Businesses: • Adopt Privacy-by-Design: Incorporate privacy considerations into the
design and development of products and services. • Implement Strong Data Security Measures, be
Transparent About Data Practices (data collection and use), Obtain Informed Consent, Respect
International Data Protection Standards: Comply with applicable data protection laws, including the
General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). •
Conduct Regular Privacy Assessments
CASE STUDIES 1. MC Mehta v. Union of India (1996): This case, also known as the "Bhopal Gas
Leak Case," held the Union Carbide Corporation liable for the deaths of thousands of people in Bhopal,
India, due to a gas leak at its pesticide plant. The case established important principles of corporate
liability for environmental harm and human rights violations. 2. People's Union for Civil Liberties
(PUCL) v. Union of India (2004): This case challenged the government's policy of allowing mining
activities in the Narmada Valley, which displaced thousands of people. The court upheld the right of
displaced communities to compensation and rehabilitation. 3. Olga Tellis v. Bombay Municipal
Corporation (1985): This case recognized the right to housing as a fundamental right under the Indian
Constitution and protected the rights of slum dwellers in Mumbai. 4. Chevron Corp. v. Doe (2011): The
U.S. Supreme Court ruled that corporations can be sued in U.S. courts for human rights abuses
committed abroad. This case opened the door for victims of corporate abuses to seek justice in U.S.
courts. 5. Kiobel v. Royal Dutch Shell (2015): The U.S. Supreme Court reversed its previous decision
in Chevron, ruling that corporations cannot be sued in U.S. courts for human rights abuses committed
abroad unless there is a clear connection to the United States. This decision narrowed the scope of
corporate liability for human rights abuses. 6. Vedanta Resources Plc v. Lungowe (2019): The English
High Court held that a parent company could be liable for the human rights abuses of its subsidiary if
it had control over the subsidiary's activities and could have prevented the abuses. This case expanded
the potential liability of parent companies for the actions of their subsidiaries. 7. Novartis v.
International Centre for the Settlement of Investment Disputes (2020): An international tribunal found
that Novartis had violated human rights by selling unsafe drugs in developing countries. This case
highlighted the responsibility of pharmaceutical companies to ensure the safety and efficacy of their
products.
Suggestions:
 • Need for Compliance: Stress the importance of businesses adhering to international human
rights standards, such as the UN Guiding Principles on Business and Human Rights.
• Sustainable Business: Argue that ethical business practices not only uphold human dignity but
are also vital for long-term business success. Ethical companies foster loyalty, reduce legal
risks, and contribute positively to society.
• Call to Action: Encourage businesses to conduct regular human rights audits and adopt
transparency in their operations to ensure that they respect human rights across all aspects of
their business.

Unit 19- HR and Evolving Technology

Technology, the application of scientific knowledge to the practical aims of human life or, as it is
sometimes phrased, to the change and manipulation of the human environment.
International Conventions
UDHR
Article 12: The right to privacy. In the context of technology, this can be linked to the protection of
individuals' personal data from misuse in a digital world.
Article 19: Freedom of opinion and expression. This can be related to the use of the internet and digital
platforms for expressing opinions and accessing information.
Article 27(1): Right to participate in cultural life, which can relate to access to technology and the
internet as part of global knowledge and culture.
ICCPR
Article 17: The right to privacy, which includes protection from unlawful or arbitrary interference with
one’s privacy. This extends to the digital realm, especially with concerns over data collection,
surveillance, and cybersecurity.
Article 19: The right to freedom of expression. This can apply to online platforms, digital content, and
information sharing.
ICESCR Article 15(1)(b): Right to benefit from scientific progress and its applications. This article can
be seen as including access to technology and ensuring that technological advancements are shared for
the benefit of all.
Article 15(1)(c): Right to protection of the moral and material interests resulting from scientific, literary
or artistic production, which could cover intellectual property rights related to technology.
Indian Constitution
Article 21: Right to Life and Personal Liberty The Supreme Court of India, in the landmark judgment
of Justice K.S. Puttaswamy v. Union of India (2017), recognized the right to privacy as a fundamental
right under Article 21. This decision holds significant relevance in the age of technology, particularly
regarding the protection of personal data and online privacy.
Article 19(1)(a): Freedom of Speech and Expression The right to freedom of speech extends to digital
platforms, and the use of the internet is protected under this provision. However, this right is subject to
reasonable restrictions under Article 19(2), which include security of the state, public order, decency,
and morality.
Other acts
IT ACT, 2000- The primary legislation governing technology and human rights in India. It focuses on
regulating cyber activities, data protection, and preventing cybercrimes.
Section 43A: Compensation for failure to protect data
Section 69: Powers to issue directions for interception or monitoring or decryption of information
Section 72: Penalty for breach of confidentiality and privacy
The Personal Data Protection Act, 2019 (Draft Bill)- aims to safeguard citizens' data privacy by
regulating the collection, storage, and usage of personal data.
The Right to Information Act, 2005
The RTI Act is vital in promoting transparency and accountability in governance through access to
information. The act leverages technology, enabling citizens to request information digitally from public
authorities. This ensures access to information, a crucial element of human rights in the context of
digital governance.
Cybersecurity Policies and Guidelines
The National Cyber Security Policy (2013) and various cybersecurity frameworks implemented by the
Indian government focus on securing digital infrastructure, which is critical for protecting human rights
related to technology. Ensuring secure networks helps in preventing data breaches, identity theft, and
the misuse of personal data.
Case laws:
Shreya Singhal v. Union of India (2015): The Supreme Court struck down Section 66A of the IT Act,
emphasizing the importance of free speech in the digital age. Justice K.S. Puttaswamy (Retd.) v. Union
of India (2017): The Supreme Court recognized the right to privacy as a fundamental right, particularly
addressing data protection and privacy in the digital space. Anuradha Bhasin v. Union of India (2020):
In this case, the Supreme Court ruled that access to the internet is a fundamental right under Article 19,
focusing on the importance of the internet in exercising freedom of speech and expression
Positive impact of tech. on HR
Technology as a Catalyst for Free Speech: The internet and social media platforms have revolutionized
the way people communicate and access information.
Digital Activism: Technology empowers individuals and groups to expose corruption, human rights
violations, and government abuses through real-time documentation
Inclusion: Digital tools provide platforms for marginalized groups (e.g., LGBTQ+ communities,
indigenous peoples) to organize, advocate for rights
Financial Inclusion: allowing people in remote areas to access banking services and contributing to
poverty alleviation.
Negative impact
Privacy Violations: Governments and corporations increasingly use technology to monitor citizens.
From social media tracking to mass data collection
Data Breaches and Cybersecurity Threats: The growing collection of personal data by tech companies
(Google, Facebook, etc.) raises concerns about the security of this information.
Government-Imposed Internet Shutdowns: Authoritarian regimes often use internet shutdowns to
control information and suppress dissent during protests or political unrest, violating the right to free
expression and access to information
Cyberbullying and Online Harassment: Women, LGBTQ+ individuals, and marginalized communities
often face disproportionate abuse online.
Algorithm and Bias
Bias in AI and Machine Learning: Algorithms used in technology, such as facial recognition or
predictive policing, often reflect the biases of the data they are trained on. This has led to discriminatory
outcomes, particularly against racial minorities.
Social Credit and Control Systems: Systems that rank citizens based on their behavior or activities (such
as China’s Social Credit System) raise concerns about the impact on personal autonomy, freedom of
movement, and other civil liberties
Technology and human rights in armed conflicts
Medical Technology: Advances in medical technology help save lives on battlefields and improve post-
conflict rehabilitation, offering better protection for the right to health.
Human Rights Documentation: Technology, such as satellite imagery and mobile phone recordings,
plays a crucial role in documenting human rights abuses and holding violators accountable.
Cyber Attacks: These can disrupt critical infrastructure like hospitals, water systems, and energy grids,
severely impacting civilians and violating their rights to life and security
Surveillance and Privacy: Advanced surveillance technologies, like facial recognition and hacking
tools, can be used to monitor and target individuals, infringing on privacy rights and sometimes leading
to arbitrary detention or extrajudicial killings.
Drone Strikes and Autonomous Weapons: These technologies allow for precise targeting, but they
also raise concerns about accountability and collateral damage. Civilians are often unintentionally
harmed, leading to violations of international humanitarian law
International law and the need of stakeholders of the technology industry to follow human rights
principles
Legal Obligations: Many international treaties and domestic laws impose obligations on stakeholders
to respect human rights.
Ethical Responsibility: The tech industry has an ethical obligation to consider the impact of their
products and services on society.
Global Cooperation and Trust: As technology operates across borders, it is crucial for international
cooperation to establish and maintain trust between countries, companies, and users.
Sustainable Growth: For technology to contribute to sustainable global development, it must align
with human rights standards.
Mapping digital technologies and their impact on HRs
Although all internationally recognized human rights can potentially be impacted by the use of digital
technologies, much of the public interest and scrutiny has tended to focus on the rights to freedom to
expression and information, assembly and association, movement, and right to privacy, and non-
discrimination and equal protection. Developments in digital technology have served to expand the
capacity of many people to more fully exercise their rights to freedom of opinion, expression, assembly,
association and political participation.
Risks and violations emanating from State conduct
States tend to justify their interference or adoption of restrictions on human rights to assembly and
association, expression and information and privacy- citing reasons of public security and safety. Laws
criminalizing access to and use of digital tools - framed under the objective of fighting cybercrime,
terrorism, misinformation and disinformation, and fake news, including in the context of the COVID
19 pandemic and other threats to public health and safety.
Network disruptions and shutdowns- Internet shutdowns, whether comprehensive, partial, or the
throttling (slowing down) of internet access carry particular severe human rights consequences - often
to intentionally prevent dissemination of information online in violation of HR law- jeopardise ability
of individuals to organize themselves and assemble, undermine the communication of those seeking to
organize assemblies and reduce possibilities to gather large groups aiming at having a greater reach-
also have severe effects on the ability to realize economic and social rights, given the number of
essential activities and services they affect, including access to emergency services, health information,
mobile banking, transportation and educational materials.
Surveillance using digital tools- Surveillance software is sometimes integrated into links sent to
protesters’ smartphones, who end up into downloading certain applications designed to infiltrate their
contacts, chat messages, phone conversations, photos and videos shared on social media and
communication platforms.
Public surveillance and tracking in context of COVID pandemic- During the COVID pandemic,
expanded surveillance measures have allowed governments to have more access to personal information
online, including location and medical data.15 In some countries, the mandatory use of contact tracing
apps to keep track of individuals’ location records during the pandemic, may interfere with individuals’
rights to provide consent and withdraw it and constitute a violation of the right to privacy.
Online education and child data privacy violation during pandemic- Pandemic made information
sharing necessary- educational institutions have been found to collect and keep data about learning
capacity, skills and performance of students or their parents without their consent and use the data in
their work.
Digital technology and automation in provision of State services- Programmes used by law
enforcement officials- designed with input that reflects high rates of criminal conduct- lead to person
declared automatically as more dangerous and so denied basic rights or benefits. social security and
unemployment benefits may be denied on the basis of wrong outcomes achieved by a programme
designed with already biased data input. Decisions taken on these bases may violate rights to work,
social security or guarantees in criminal proceedings.
Risk and violations emanating from conduct by businesses and other private actors
intensive harvesting of data from users without their consent and as part of their business model.
Misinformation, disinformation and “fake-news”
Myanmar, starting around 2015, Facebook became to be widely used by military and other leaders to
disseminate hate speech and calls to violence against the ethnic minority Rohingya, which is said to be
linked to the commission of crimes against humanity against that group.
Content moderation policies in digital platforms such as Facebook,/Meta twitter and YouTube where
they exist, may not be fully consistent with international human rights standards and their effective
implementation and monitoring appear to be weak or uneven. The implementation of content policies
also raises issues of arbitrariness in content removal or account suspension as content moderation often
rely on other users’ reports of violations of “community standards. Finally, content moderation, or the
lack of it, may also raise legal issues in terms of liability protections enjoyed by internet intermediaries
and third parties.
Algorithm and artificial intelligence systems bias
“Algorithmic systems are also used to influence the findability, visibility and accessibility of the
material – meaning what content people see, who they connect with and what groups they find.” Such
systems may facilitate affiliation and identification of individuals with likeminded groups or persons
but can also silence movements, prevent civil society groups from reaching a greater audience and
reproduce bias and discrimination. There are important issues related to consent of users to allow their
data to be used in this way in algorithm systems, but more generally their right to receive or impart
information, including to find and access diversity of independent content, without fear or manipulation
may be at stake. These rights are at risk when the content individuals are allowed or prompted to receive
is determined by the social media algorithms.
Risks and violations emanating from collaboration of public-private actors
States and companies and their activities are often intertwined in public-private partnerships.
Companies may create, transfer and service new technologies to States that then purchase and use them
in ways not consistent with international human rights standards.
Digital technologies and the international human rights framework
The human rights framework that applies offline necessarily applies online, in the digital world (or
cyberspace). The UN General Assembly and its Human Rights Council have expressly recognized that
“the same rights that people have offline must also be protected online”.33 It follows that conduct that
violates human rights offline must be recognized as a violation when occurring online. This carries with
it the right to effective remedy and reparation both online and offline.34 In addition, as such conduct is
unlawful online, there must be accountability for the States and individuals that perpetrate it.
Hr approach to digital technologies
Accountability demands from actors in the digital sphere clear lines of responsibility and the provision
of information to rights-holders and legitimate public authorities as well as the possibility for these to
request information on the development and impacts on digital technologies. It requires also enhanced
transparency not only to shareholders and internal stakeholders but to rights-holders and the public at
large on the design, development and deployment of algorithms and forms of artificial intelligence,
which also must incorporate the principle of non-discrimination.
Non- discrimination and equality under law
ICCPR, ICESCR, CEDR, UDHR- The observance of non-discrimination is vital in relation to the
design, development and use of digital technology and their embedded artificial intelligence. Committee
on the Elimination of Racial Discrimination has recognized the risks of algorithm bias “when AI is used
in decision-making in the context of law enforcement.”39 They may reproduce and reinforce biases that
lead to discriminatory practices, chiefly because of the prevailing opacity on the design processes,
criteria and data input: “discriminatory outcomes of algorithmic profiling can often be less obvious and
more difficult to detect than those of human decisions”. Technologies such as facial recognition or
algorithm systems used for law enforcement, predictive policing (based on historical data from crime
in certain locations) or judicial processes, can lead to decisions that are discriminatory and bring with
them serious consequences for the enjoyment of other rights.
Algorithm bias can also lead to unfavourable decisions and consequences in employment and conditions
for employment, access to public services and private services too such as bank loans.
States’ obligation to regulate for the protection of human rights
In the digital age, States not only have a negative obligation to abstain from unduly interfering with the
rights of peaceful assembly and of association but also have a positive obligation to facilitate and ensure
these rights in accordance with international human rights norms. Those obligations are set out in
several international standards , including binding treaties including the Universal Declaration of
Human Rights47 (Art. 20), the International Covenant on Civil and Political Rights (Art. 21-22) and
can also be found in the Convention on the Rights of the Child49 (Art. 15). and the UN General
Assembly have stressed that States have the obligation to respect and fully protect these rights both
online and offline,50 and called upon all States to “ensure that the same rights that individuals have
offline, including the rights to freedom of expression, of peaceful assembly and of association, are also
fully protected online, in accordance with human rights law.”
The obligation to protect extraterritorially
Because the terrain of cyberspace knows no territorial boundaries, it is important to stress that the
obligation to protect under international human rights law extends not only territorially, but
extraterritorially.
Shutdowns and other internet restrictions
For the Human Rights Committee “any restrictions on the operation of websites, blogs or any other
Internet-based, electronic or other such information dissemination system, including systems to support
such communication”, must comply with article 19, paragraph 3, of ICCPR. However, such restrictions
may never be used to justify the “suppression of advocacy for democratic rights.
International human rights law provides the applicable normative framework to guide the development
and application of new technologies and also to provide protective safeguards for these rights, as well
as accountability and access to effective remedies and reparations in the case of abuse and violations.
But because of the novelty and the rapidly evolving nature of digital technological developments,
international human rights law should be complemented with guidance to meet specific challenges such
as the human rights risks posed by new uses of artificial intelligence, including automated decision
making and machine learning processes, and more specific safeguards and mechanisms of protection.

Unit 20- SDGs

An Agenda adopted by all members of the United Nations in 2015, created with the aim of
"peace and prosperity for people and the planet” while tackling climate change and working to preserve
oceans and forests.
Universal call to action to end poverty, protect the planet, and ensure that by 2030 all people enjoy
peace and prosperity.
• The 2030 Agenda for Sustainable Development explicitly recognizes the links between human
rights, development, and the environment, including biological diversity and climate.
• It is based on reducing environmental damage but also on preserving the role of natural
resources and ecosystem services in promoting human well-being, economic opportunities, and
social and ecological resilience.
• The health of ecosystems, biodiversity, pollution in all of its forms and climate change are
increasingly being recognized as grave threats to human health, dignity and well-being
 • It has been addressed by global bodies –e.g. the Human Rights Council, whose most recent
resolutions encourage States to consider further frameworks for the promotion of human rights
including all actions to address environmental challenges.
Role that the Resident Coordinator and UN Country can play
• Raise Awareness: Resident Coordinator and UN Country Teams should train government
officials, policymakers, National Human Rights Institutions, indigenous peoples, and the public
on the connection between human rights and the environment.
• Promote Access: Support access to information, public participation, and justice in
environmental decision-making, ensuring accountability for governments, businesses, and
organizations regarding their environmental and human rights impact.
• Cross-Sector Collaboration: Foster national-level links between human rights, social and
economic development, and environmental protection to promote sustainable development.
• Support MEA Implementation: Assist States in implementing multilateral environmental
agreements (MEAs), aligning with human rights commitments, and creating laws that prevent
environmental harm while safeguarding human rights.
• Engage Human Rights Mechanisms: Increase collaboration with human rights mechanisms,
monitor environmental degradation's impact on human rights, and support reporting to human
rights bodies and climate change frameworks.
• Document & Monitor: Document how environmental issues affect human rights and assess
development projects' impacts, focusing on vulnerable communities.
OHCHR- Office of the High Commissioner for Human rights
• The OHCHR aims to integrate human rights into environmental laws and climate policies,
aligning with the 2030 Agenda and the Paris Agreement. It promotes a human rights-based
approach to climate action by advocating for inclusive adaptation and mitigation efforts.
• Key strategies include:
• Collaborating with partners to embed human rights in environmental policies.
• Supporting civil society participation, access to information, and remedies for victims.
• Assisting human rights mechanisms in addressing environmental issues, including
climate change.
• Advocating for and protecting environmental human rights defenders.
• Conducting research and advocacy on environmental harms, especially for vulnerable
groups.
• Notable impacts include contributions to Rio+20 and the inclusion of human rights in the Paris
Agreement. Regional activities span Kenya, Mexico, the Sahel, South-East Asia, and
Central America, with a focus on rights-based environmental actions and protection of
defenders. For instance, the Escazú Agreement in Latin America emphasizes access to
information and the protection of environmental defenders, crucial in a region where activism
is especially dangerous.
Related HR provisions
• Universal Declaration of Human Rights (UDHR) – Article 26:
 • Recognizes the right to education, stating that elementary education should be free and
compulsory and that higher education should be equally accessible based on merit.
• International Covenant on Economic, Social and Cultural Rights (ICESCR) – Articles 13
and 14:
• Establishes the right to free, compulsory primary education and urges states to introduce free
secondary and higher education progressively.
• Convention on the Rights of the Child (CRC) – Articles 28 and 29:
• Affirms the right of children to free primary education and encourages secondary and higher
education availability. Also emphasizes education’s role in developing the child’s personality
and abilities.
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
– Article 10:
• Ensures equal rights for women to introduce free secondary and higher education progressively
in education, promoting access to education at all levels and eliminating discrimination in
education opportunities.
• Convention on the Rights of Persons with Disabilities (CRPD) – Article 24:
• Calls for inclusive education systems and lifelong learning for people with disabilities, ensuring
their access to education without discrimination.
Cases
Goal 4
• National Education Policy (NEP) 2020
• Emphasizes universal access to education, especially early childhood care and
education (ECCE), primary, secondary, and higher education.
• Focus on multidisciplinary learning, critical thinking, and flexibility in subject choices
aims to provide students with a quality education that is equitable and accessible.
• Introduction of vocational education from the school level helps align skills
development with future employment.
• Integration of technology for online and digital education supports access for remote
and marginalized communities.
• Samagra Shiksha Abhiyan-Ministry of Education, GOI
• Focusing on improving school infrastructure, teacher training, and quality of education.
• Special provisions for children with disabilities, girls, and economically weaker
sections address inequalities in education.
• Such policies also include Provisions for training teachers to improve and enhance the
system
Goal 5-
• Universal Declaration of Human Rights (UDHR) – Article 2 and 7:
Guarantees equal rights and freedom from discrimination, including on the basis of gender.
 • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):
A key international treaty focused on eliminating gender-based discrimination and promoting gender
equality.
• International Covenant on Economic, Social and Cultural Rights (ICESCR) – Article 3:
Ensures equal rights for men and women in enjoying all economic, social, and cultural rights.
• International Covenant on Civil and Political Rights (ICCPR) – Article 3 and 26:
Guarantees equal rights and protection under the law without discrimination based on sex.
cases
• Beti Bachao Beti Padhao- in line with SDG 4 and 5.
Launched to address the declining child sex ratio and promote the education and survival of the girl
child.
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) 2013
• Maternity Benefit Act,2017
• Pradhan Mantri Mudra Yojana- Women entrepreneurs are given priority in accessing micro-
credit facilities, to empower them financially.
• Nirbhaya Scheme/Fund- launched by GOI in 2013
• Goal 8- Universal Declaration of Human Rights (UDHR)
• Article 23: Right to work, free choice of employment, just and favorable conditions of
work, and protection against unemployment.
• Article 24: Right to rest and leisure, including reasonable limitation of working hours
and periodic holidays with pay.
• Article 25: Right to an adequate standard of living, including social protection.
• International Covenant on Economic, Social and Cultural Rights (ICESCR)
• Article 6: Right to work and the opportunity to gain a living by work freely chosen.
• Article 7: Right to just and favorable conditions of work, equal pay for equal work,
safe and healthy working conditions, and rest periods.
• Article 8: Right to form and join trade unions and the right to strike.
• Article 9: Right to social security, including social insurance.
• International Labour Organization (ILO) Conventions
• ILO Convention No. 87: Freedom of Association and Protection of the Right to
Organise.
• ILO Convention No. 98: Right to Organize and Collective Bargaining.
• ILO Convention No. 111: Discrimination (Employment and Occupation), promoting
equal opportunity and treatment in employment.
 • ILO Convention No. 138: Minimum Age for Admission to Employment (child
labour).
• ILO Convention No. 182: Worst Forms of Child Labour.
Cases
• MGNREGA- National Rural Employment Guarantee Act- ensuring at least 100 days of
wage employment in a financial year
• Pradhan Mantri Kaushal Vikas Yojna- To provide skill training to youth and promote
employment, offering short-term training programs, certification and boosting employability.
• Startup India Seed Fund Scheme- To promote entrepreneurship and innovation.
Offers tax exemptions, funding, and simplified regulations for start-ups to encourage job creation.
It provides financial assistance to proof of concept, prototype development, product trials, market-entry
etc.
Unit 20: Role of Judiciary in protecting environment
The Indian judiciary has played a pivotal role in safeguarding environmental rights, emerging as a
proactive guardian of the environment in response to increasing ecological challenges. The Supreme
Court and High Courts have not only interpreted constitutional provisions expansively but also evolved
environmental jurisprudence through landmark judgments and principles. This judicial activism has
transformed environmental protection into a fundamental aspect of the right to life under Article 21 of
the Constitution of India.
The protection of environment was not important in post-independence era of India, because of need of
industrial development and political disturbances. Post-independence, the main concern was to setup
markets, industries, to make new jobs for the citizens. However, after the Bhopal Gas tragedy,
Environment protection became priority. After this incident, the area of Environmental law widens in
the country and judicial activity also increases. After 1986, when first act related to the environmental
protection was passed, people showed some concern about it. The main purpose of the act was to
implement the decisions of the United Nations Conference on the Human Environments. The Act is like
a safe guard for the nature from the newly emerged industries and the urbanization. Before this act of
1986, a major enactment was come out just after 2 years after the Stockholm Conference in 1974. The
Indian Parliament makes important change in the area of environmental management to implement the
decisions that were taken at the conference. It was this time when environmental protection was granted
a Constitutional status and environment was included in DPSP by the 42nd Constitution Amendment.
The constitution also provides an obligations under Article 48 A and Article 51 A(g) to both the State
and citizen to preserve and protect the environment. These provisions have been extensively used by
courts to justify and develop a legally binding fundamental right to the environment as a part of Right
to life and personal liberty under Article 21. Parliament enacted nationwide comprehensive laws; like
The Wildlife Protection Act, 1972 and Water (Prevention and Control of pollution) Act, 1974.
The right to live in a clean and healthy environment is not a recent invention of the higher judiciary in
India.
Doctrine and Principles Evolved by the Courts
Public trust doctrine
The state is a guardian of natural resources, and natural resources are available for public for their
enjoyment by nature and it cannot be changed into private property. The state is under a legal duty to
protect the natural resources. In M.C. Mehta v. Kamal Nath6 , the Supreme Court applied this doctrine
for the first time in India to an environmental problem. According to the Supreme Court, the public trust
doctrine primarily rests on the principle that certain resources like air, sea waters and forests have such
a great importance to the people as a whole that it would be wholly unjustified to make them a subject
of private ownership.
Doctrine of sustainable development
Industrialization is contrary to the concept of preservation of environment. Unemployment and poverty
may sweep the country and lead it towards degeneration and destruction. At the same time, polluting
industries impend the stability of the environment. The judiciary was, therefore, of the opinion that the
pollution limit should be within the sustainable capacity of the environment.
In Vellore Citizens Welfare Forum v. Union of India, the Supreme Court opined, the traditional
concept that development and ecology are opposed to each other, is no longer acceptable, sustainable
development is the answer. Sustainable Development means to fulfil the need of present generation
without compromising the needs of future generation. Sustainable development is a balancing concept
between ecology and development.
Polluter Pays Principle
The countries moving towards the industrial development had to face the serious problems of giving
adequate compensation to the victims of pollution and environmental hazards. That the polluter must
pay for the damage caused by him is a salutary principle evolved very early in Europe when that
continent was haunted by a new spectre, that of unprecedented pollution. In M.C. Mehta v. Union of
India, a petition was filed under Article 32 of the Constitution of India, seeking closure of a factory
engaged in manufacturing of hazardous products. While the case was pending, oleum gas leaking out
from the factory injured several persons. The significance of the case lies in its formulation of the
general principle of liability of industries engaged in hazardous and inherently dangerous activity.
Precautionary Principle
The precautionary principle says that if any action or project has some possible risk which can cause
harm to public and environment and the person who is taking that action has knowledge about those
risk, that in the absence of scientific measures that action or project is harmful, then the burden of proof
lies on those persons who are taking that action that it is not harmful. The Precautionary principle says
that there is a social responsibility to protect the public from any kind of harm, in case when scientific
investigation points towards a risk. These protections can be relaxed in the case when person taking
action can prove with sound evidence that no harm will result.
In Vijayanagar Education Trust v. Karnataka State Pollution Control Board, Karnataka10 the
Karnataka High Court accepted that the precautionary doctrine is now part and parcel of the
Constitutional mandate for the protection and improvement of the environment. The court referred to
Nayudu cases11 which laid down that the burden to prove the benign nature of the project is on the
developer if it is found that there are uncertain and non-negligible risks.
In addition to this, the Stockholm Conference on Human Environment, 1972 has further contributed in
strengthening the environmental law regime in India and also acted as the facilitating agent behind
enacting the 42nd Constitutional Amendment Act, 1972. This amendment has introduced certain
environmental duties both on the part of the citizens (Article 51A(g)) and on the state (Article 48A).
Under the constitutional scheme the legal status of Article 51(A)(g) and 48A is enabling in nature and
not legally binding per se, however, such provisions have often been interpreted by the Indian courts as
legally binding. Moreover, these provisions have been used by the courts to justify and develop a legally
binding fundamental right to environment as part of right to life under Article 21. In Asbestos Industries
Case12 the Supreme Court extensively quoted many international laws namely ILO Asbestos
Convention, 1986, Universal Declaration of Human Rights, 1948, and International Convention of
Economic, Social and Cultural Rights, 1966. In this case the court dealt the issues relating to
occupational health hazards of the workers working in asbestos industries. The court held that right to
the health of such workers is a fundamental right under article 21 and issued detailed directions to the
authorities. In Calcutta Wetland Case13 the Calcutta High Court stated that India being party to the
Ramsar Convention on Wetland, 1971, is bound to promote conservation of wetlands.
The Constitutional aspects on Environmental Law
In the Indian Constitution it was the first time when responsibility of protection of the environment
imposed upon the states through Constitution (Forty Second Amendment) Act, 1976. Article 48A states
that, the State shall endeavour to protect and improve the environment and to safeguard the forest and
wildlife of the country.” The Amendment also inserted Part VI-A (Fundamental duty) in the
Constitution, which reads as follows: Article 51A(g) “It shall be duty of every citizen of India to protect
and improve the natural environment including forests, lakes, and wildlife and to have compassion for
living creature.” In Sachidanand Pandey v. State of West Bengal14, the Supreme Court observed
“whenever a problem of ecology is brought before the court, the court is bound to bear in mind Article
48A and Article 51A(g).
EPI index- LIndia ranks 176th out of 180 countries, with a score of 27.6. This reflects serious
environmental concerns, particularly in areas such as air quality, biodiversity, and greenhouse gas
emissions. India performs poorly in the Ecosystem Vitality (170th) and Environmental Health (177th)
categories. Air quality and emissions are notable challenges, as India is heavily reliant on coal for
energy.
SDG index- India is ranked 109th with a score of 64.0. This indicates moderate progress, as around
30% of SDG targets are on track. However, substantial gaps remain, particularly in SDGs related to
zero hunger, sustainable cities, and life on land India faces challenges in areas like food security, climate
action, and quality education, which reflect broader issues of sustainability and development.
Case laws
MC Mehta vs UOI- Tajmahal Case- The Taj Mahal Case (1986), filed by M.C. Mehta against the
Union of India, addressed the environmental degradation of the Taj Mahal due to pollution. Mehta
observed the monument’s white marble turning yellow due to acid rain caused by industrial emissions,
including sulfur dioxide. The Supreme Court intervened, establishing the Taj Trapezium Zone (TTZ), a
10,400 sq. km. area around Agra to protect the monument from pollution.
Key decisions included: - Shutting down or relocating thermal power plants and 292 industries in the
TTZ- Mandating the use of clean fuels like propane and natural gas for industries.- Protecting the rights
of affected workers, ensuring their wages during relocation.
The case underscored the need to balance cultural heritage preservation with environmental protection
and public health, setting an important precedent for environmental jurisprudence in India
Vellore citizens welfare forum vs. UOI and ors.
It was a landmark decision addressing the pollution caused by tanneries and other industries in Tamil
Nadu. The court recognised the severity of the pollution and the urgent need for action to protect the
environment and the health of the residents. Key points of the Judgement Establishment of an Authority
Guidelines for the Authority Pollution Fines Common Treatment Facilities Closure of Non-Compliant
Tanneries Compliance with TDS Guidelines Creation of a “Green Bench”.
Indian council for enviro-legal action vs. UOI and ors.
Indian Council for Enviro-Legal Action filed a petition against chemical industries in Bichhri village,
Udaipur, Rajasthan, for severe environmental pollution. The industries, including Hindustan Agro
Chemicals Limited and Jyoti Chemicals, were producing hazardous chemicals such as Oleum, Single
Super Phosphate (SSP), and ‘H’ acid without proper approvals. Despite a No Objection Certificate
(NOC) from the Rajasthan Pollution Control Board for producing sulphuric acid, they changed
production without permission and continued to operate illegally, discharging toxic waste into the
environment. The pollution led to contamination of the soil, water, and air, affecting the health and
livelihoods of the local villagers. The Supreme Court, based on various reports, ordered the closure of
these factories, condemning them for prioritizing profits over environmental safety. The Court also
allowed affected villagers to seek compensation through civil courts and directed the government and
pollution board to provide quarterly reports on the progress of compliance with its orders. This case
highlights the enforcement of the Polluter Pays Principle in India and the need for strict regulation of
industrial pollution to protect the environment and public health.
Rural Litigation and entitlement vs. State of UP and ors.
Rural Litigation and Entitlement Kendra (RLEK) petitioned the Supreme Court to close down several
limestone quarries in the Doon Valley, Dehradun, citing environmental pollution, ecological imbalance,
and health risks. The respondents, including the State and quarry owners, argued that closing the
quarries would cause financial losses and unemployment.
The Supreme Court appointed the Bhargava Committee to assess the impact of these quarries. The
committee classified the quarries into three categories based on the severity of their environmental
impact: -
Category A:Low impact
Category B:Higher impact
Category C:Severe impact

• The Court ordered the immediate closure of Category C quarries and those in Categories A and
B located within Mussoorie’s city limits. Quarries outside the city were allowed to continue
operating.
• To address unemployment caused by the closures, the Court directed the government to:-
• Prioritize displaced quarry owners in new mining opportunities.
• Implement afforestation and soil protection programs.
• Provide new jobs for the displaced workers.
 • This case is significant for its focus on environmental protection while also considering the
economic impact on businesses and workers.
Union carbide corporations vs. UOI- 10090 (Bhopal Gas Tragedy)
A leak of methyl isocyanate (MIC) gas occurred from a pesticide plant owned by UCIL, a subsidiary of
Union Carbide Corporation (UCC), USA. Immediate deaths estimated at 2,000–3,000, with long-term
estimates of up to 20,000 due to gas exposure and related diseases. Hundreds of thousands suffered
chronic illnesses, respiratory problems, and birth defects. Whether UCC and UCIL's negligence in
maintaining safety standards violated the victims' right to life and clean environment under Article 21
of the Indian Constitution. Initial Settlement (1989); Review of the Settlement (1991)
Narmada Bachao andolan vs. UOI
A social movement that emerged to oppose the displacement of people due to the dam's construction.
NBA also argued that the construction of the dam would lead to large-scale deforestation, loss of
biodiversity, and environmental degradation, causing irreparable damage to the ecosystem Whether the
environmental clearances granted for the project were justified, given the potential harm to the river
ecosystem, forests, and biodiversity. The Supreme Court, in a 2-1 majority judgment, allowed the
continuation of the Sardar Sarovar Project. The court dismissed the plea by Narmada Bachao Andolan
to halt the construction of the dam. The court held that the environmental impact assessments were
satisfactory and that the project authorities had complied with environmental regulations. It was of the
view that environmental damage could be mitigated, and the project’s benefits—water, electricity, and
development—were substantial enough to justify the environmental costs.
Sterite inductries (I) ltd. vs. UOI
Sterlite Industries (India) Ltd., a subsidiary of Vedanta Resources, operates a copper smelting plant in
Thoothukudi, Tamil Nadu. Environmental Complaints: Over the years, local communities and
environmental activists raised serious concerns about the plant’s environmental impact, including air
and water pollution. Whether the operations of Sterlite Industries violated environmental standards and
caused irreversible environmental damage in the region. The Supreme Court delivered a nuanced
judgment in 2013. While the court did not order the immediate closure of the plant, it recognized that
Sterlite Industries had been responsible for environmental violations and imposed a significant penalty
on the company.
Olga Tellis and ors. vs Bombay Municipal corporation and ors.
Olga Tellis and several other petitioners were pavement dwellers in Mumbai (Bombay) who lived on
footpaths and slums without any legal right to the land. The Olga Tellis case showcased the complex
relationship between environmental management (protection of public spaces) and human rights (right
to livelihood and shelter). It signified that the protection of public spaces and environmental rights must
not lead to the denial of basic human rights such as livelihood and shelter. The court's decision pointed
to the need for "environmental justice," where the state must ensure that environmental regulations do
not negatively impact marginalized populations without offering them solutions.
Foreign case laws:
People vs Tan (Oposa vs. Factoran)
A group of minors, represented by their parents and led by environmental activist Antonio Oposa Jr.,
filed a lawsuit against the Philippine government. They sought to stop the Department of Environment
and Natural Resources (DENR) from issuing more timber licenses and demanded the cancellation of
existing ones. The petitioners argued that excessive logging was destroying the country’s forests and
harming the rights of future generations to a healthy environment. The Philippine Supreme Court made
a landmark ruling in favor of the petitioners. It recognized the doctrine of intergenerational
responsibility, holding that the present generation has a duty to protect the environment for future
generations. The Court affirmed that the petitioners had legal standing to represent future generations
and upheld the constitutional right to a balanced and healthful ecology. This ruling set a global precedent
by acknowledging that future generations can bring legal actions to protect the environment and
highlighted the government’s duty to preserve natural resources. This decision is considered a milestone
in environmental law, emphasizing the importance of sustainable development and the protection of
natural resources for the benefit of both present and future generations.
Massachusetts v. Environmental protection agency
The state of Massachusetts, along with several other states and environmental organizations, filed a
lawsuit against the Environmental Protection Agency (EPA) in 2003. The petitioners argued that the
EPA had failed to regulate greenhouse gas (GHG) emissions from new motor vehicles, which they
claimed was necessary to address climate change.
The judicial precedents underscore the growing recognition of environmental protection as an integral
part of human rights. The courts have emphasized the state's responsibility to protect citizens from
environmental harm, aligning environmental law with fundamental rights, particularly the right to life
under Article 21 of the Indian Constitution. These cases highlight the judiciary's role in balancing
development with environmental sustainability, enforcing stricter measures to safeguard both ecological
integrity and public health.

Unit 20- Role of Judiciary and SDGs

Role of Judiciary in HRs

Only provision for the fundamental rights does not fulfill the objective of ‘protection of dignity of an
individual’, but free enjoyment of the rights has to be ensured. Therefore, Article 32 guarantees right to
constitutional remedies, i.e. right to move to Supreme Court to enforce fundamental rights. It is
constitutional mandate of judiciary to protect human rights of the citizens. Supreme Court and High
Courts are empowered to take action to enforce these rights. Art. 32 and 226, writs. Judiciary is ultimate
guardian of the human rights of the people. It not only protects the rights enumerated in Constitution
but also has recognized certain unenumerated rights by interpreting the fundamental rights and widened
their scope.
Supreme Court in Maneka Gandhi v. Union of India, interpreted the right to life and to widen its scope
and deduced un-enumerated right such as “right to live with human dignity”. People's Union for Civil
Liberties and another v. State of Maharashtra and others,10 Francis Coralie Mullin v. The Administrator,
Union Territory of Delhi held that right to life includes right to live with human dignity. Therefore,
through the judicial interpretations various rights have been recognized though they are not specifically
provided in Part III of the Constitution. The rule of locus standi, i.e. right to move to the court, whereby
only aggrieved person can approach the court for redress of his grievances has been relaxed by the
judiciary. Now court through public interest litigation permits public spirited persons to file a writ
petition for the enforcement of rights of any other person or a class, if they are unable to invoke the
jurisdiction of the Court due to poverty or any social and economic disability. In S.P. Gupta v. Union of
India and others, Supreme Court held that any member of the public can approach the court for
enforcing the Constitutional or legal rights of those, who cannot go to the court because of poverty or
any other disabilities. Person can even write letter to the court for making complaints of violation of
rights. Public interest litigation is an opportunity to make basic human rights meaningful to the deprived
and vulnerable sections of the community. To assure vulnerable section social, economic and political
justice, any public-spirited person through public interest litigation can approach the court to protect
their rights on behalf of aggrieved persons who cannot approach the court themselves due to their
vulnerable conditions. Similar observations have been made by Supreme Court in various judgments
such as in Bandhua Mukti Morcha v. Union of India, Ramsharan Autyanuprasi and another v. Union of
India and Others, Narmada Bachao Andolan v. Union of India. Therefore, public interest litigation has
become the tool for the protection of human rights of the people in India.
Judiciary has taken many steps to ensure protection of human rights of most vulnerable sections-
children, women and SEBCS of society. There are various instances where judiciary intervened and the
rights of children. In the case of Labourers working on Salal project v. State of Jammu and Kashmir,
Supreme Court held that child below the age of 14 years cannot be employed and allowed to work in
construction process. Court has issued various directions related to child labour. Supreme Court in
Vishal Jeet v. Union of India asked governments to setup advisory committee to make suggestions for
eradication of child prostitution and to evolve schemes to ensure proper care and protection to the victim
girls and children. The Supreme Court further in Gaurav Jain v. Union of Indiashowed its concern about
rehabilitation of minors involved in prostitution and held that juvenile homes should be used for
rehabilitation of them and other neglected children. Delhi High Court in Sheba Abidi v. State of Delhi
observed that child victims are entitled to get support person during trial and also established that child
victims can testify outside the court environment.

• In case of Associate Banks officers Association v. State Bank of India, Supreme Court protected
the rights of women workers and held that women workers are in no way inferior to their male
counterparts and hence there should be no discrimination on the ground of sex against women.
In State of Madhya Pradesh v. Pramod Bhartiya Supreme Court held that under Article 39 the
State shall direct its policy towards securing equal pay for equal work for both men and women.
Article 21 i.e. protection of life and personal liberty was invoked for the dignified life for the
prostitutes by Supreme Court in case of State of Maharashtra v. Madhukar Narayan Mandlikar
held that even a woman of easy virtue is entitled to privacy and no one can evade her privacy.
In Bodhi Satwa Gautam v. Subra Chakarborty Supreme Court has held that rape is a crime
against basic human rights. Supreme Court laid down guidelines for protection of women
against sexual harassment at work place in case of Vishaka v. State of Rajasthan and reiterated
the same in Medha Kotwal Lele v. Union of India. Guidelines for ensuring the safe work
environment for women were given and made it mandatory for employer to take responsibility
in cases of sexual harassment at work.
• In Workmen v. Rohtas Industries35 the Supreme Court observed that the right to equality
became instrumental in protecting right of workers against unreasonable closures and
discriminations in payment of pensions.
• DK Basu case
• In the case of A.K Gopalan vs State of Madras(1950) reflecting on the intentions of the
Constitution-makers, held that "procedure established by law" only meant that a procedure had
to be set by law enacted by a Legislature.
• In the case of Maneka Gandhi v. Union of India, (AIR 1978 SC 597) , the Supreme Court
rejected its earlier interpretation and holds that the procedure contemplated under Article 21 is
a right, just and fair procedure, not an arbitrary or oppressive procedure. The procedure, which
is reasonable and fair, must now be in conformity with the test of article 14 - "in effect it has
become a Due Process.
• In Hoskot v State of Maharashtra the right of a prisoner to be supplied a copy of the judgment
(imprisoning him), to enable him to appeal from it,was read as flowing from the fundamental
right guaranteed by Article 21
• Hussainara Khatoon vs State of Bihar the court held that the right to a speedy trial was
comprehended in Article 21; prolonged detention of those awaiting trial violated the
constitutional guarantee of a reasonable, just and fair procedure.
• In Sunil Batra v Delhi Administration(1978) it was held that the "personal liberty“ of a prisoner
included his liberty to move, mix, mingle and talk with (and share company with) co-prisoners,
 and unjustified orders and directions (to the contrary) of jail authorities would be struck down
as being in violation of Article 21.
• Shayara Bano v. Union of India and Ors., (2017)- Exactly 20 years after the Vishaka case, a
similarly significant judgment was delivered in the Shayara Bano case, which addressed
another long-standing patriarchal practice and upheld the fundamental rights of women in
alignment with the CEDAW convention. In this case, the practice of talaq-e-biddat (triple talaq),
under Sharia law, where a Muslim man could divorce his wife by stating the word "talaq" three
times, was challenged in the Supreme Court of India. The petitioner, Shayara Bano, cited both
her fundamental rights and the CEDAW convention in her plea. The Supreme Court,
interpreting the fundamental rights guaranteed under the Indian Constitution in harmony with
the principles of CEDAW, held that the practice of triple talaq violated women’s rights to gender
equality, dignity, and life. The Court described the practice as "manifestly arbitrary" and
"whimsical and capricious," ultimately declaring it unconstitutional.
• Olga Tellis v Bombay Municipal Corporation- right to livelihood is an integral facet of the
right to life guaranteed under Art 21 of the Constitution.
• Chameli Sing v State of U.P- it was held that by the Supreme Court that the right to live includes
the right to food, water, decent environment, education, medical care and shelter. As of right to
shelter is concerned the court held that it includes adequate living space, safe and decent
structure, clean and decent surroundings, sufficient light, pure air and water, electricity and
other civil amenities like roads, etc.
• Navtej singh johar vs UOI
• In the Selvi vs State of Karnataka case, the Supreme Court of India ruled that the use of
narcoanalysis, brain mapping, and polygraph tests on suspects without their consent is
unconstitutional. The court held that these techniques violate the 'right against self-
incrimination' under Article 20(3) of the Constitution and the 'right to privacy' under Article 21.