History of human rights, UDHR, ICCPR & ICESCR

Historical Background of Human Rights, Concept and Evolution of UN, UDHR, ICCPR & ICESCR & co-relation with Indian Constitution

1. Subject:- HUMAN RIGHTS History of Human Rights By- SMITA SATAPATHY

2. Human rights are- rights of exceptional importance belong to every individual by virtue of being a human necessary to ensure dignity of every person as a human being irrespective of race, religion, language, caste, sex or any other reason. based on the notion of equality

3. Definitions of HR- The United Nations Centre for Human Rights defines Human Rights as “those rights which are inherent in our nature and without which we cannot live as human beings” The Universal Declaration of Human Rights which adopted on Dec.10th 1948, defines human rights as “rights derived from the inherent dignity of human person” The Protection of Human Rights Act 1993 states” Human Right means rights relating to life liberty, equality and dignity of the individuals guaranteed by the constitution or embodied in the International Covenants and enforceable by courts in India.” D.D Basu defined human rights “are those minimum rights which every individual must have against state or other public authority by virtue of being a member of human family, irrespective of any other considerations

4. Concept of Human Rights According to Greek Tradition of Socrates and Plato, natural law is law that reflects the natural order of the Universe, essentially the will of the Gods who control nature. Plato (427-348 BC) one of the earliest writers- universal ethical conduct Human rights became synonymous with natural rights, rights that spring from Natural Law

5. Roman jurist Ulpian- all men are equal and by same law all are born free Cicero (106-43 BC)- foundations of natural law and human rights in work- He believed in universal HR St. Thomas Aquinas ( 1225- 1274) rooted natural law with divine law- god created everyone equal. Greece and Romans provided equal rights to citizens.

6. roots for the protection of the rights can be traced in the Babylonian Law . Babylonian king Hammurabi issued a set of laws called Hammurabi Code Fair wages, offered protection of property The Magna Carta granted by King John of England on June 15, 1215 Jury trial introduced

7. Instruments from which the modern concept of Human Rights originated 1. British Magna Carta 1215 2. French Declaration of the Rights of Man 1789 3. American Bill of Rights 1791

8. Some provisions of Magna Carta Protection against arbitrary acts by the King. Land and property could no longer be seized. Judges had to know and respect laws. Taxes could not be imposed without common council. There could be no imprisonment without a trial. Merchants were granted the right to travel freely within England and outside

9. Magna Carta (Clause 39) became a symbol of liberty and rule of law- “No free man shall be taken or imprisoned or dispossessed or outlawed or exiled, or in any way destroyed, nor will we go upon him, nor will we proceed against him or prosecute him, except by the lawful judgment of his peers and by the law of the land” “To no man will we sell, or deny or delay right or justice.”

10. English Bill of Rights Bill of Rights was signed in England in 1689 , after the Glorious Revolution of 1688. After revolution, the power of the king was reduced and British parliament declared its supremacy over the C rown. magna carta principles followed by parliament & accepted the declaration of the rights and passed it into law in the form of the “Bill of Rights”. Rights were- king has no overriding authority, parliamentary supremacy, parliamentary elections should be free & binding, cruel- unusual punishments condemned. HRs r considered as eternal & inalienable right

11. History of the American Revolution AMERICAN DECLARATION OF INDEPENDENCE- America was the colony of Britain. 13 colonies revolted against England for their independence. Main reason- British government was of the view that the colonies also should share in the expenses incurred in their administration. Distrust on Govt . power & seeking to disengage the colonies from British rule following dissatisfaction over levels of taxation and lack of representation in the British Parliament was the result The state declared independence on July 4th 1776.

12. A History of American Bill Of Rights In 1787, delegates from the 13 states convened in Philadelphia and drafted a remarkable blueprint for self-government --- The Constitution of the United States. However, the Constitution was remarkable but suffered from flaws. Because it did not include a specific declaration- or “bill of individual right” It specified what Government could do but did not say what it could not do. The absence of a Bill of Rights turned out to be an obstacle to the Constitution’s ratification by the States.

13. The American Revolution lately freed from the despotic English Monarchy, The American People wanted strong guarantees that the new Govt. would not stamp on, upon their newly won freedoms of speech, press and religion, nor upon their right to be free from warrantless searches and seizures. “[A] bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse.” Thomas Jefferson (The American Founding Father). Finally the American Bill of Rights , inspired by Jefferson and drafted by James Madison , was adopted and in 1791 .

14. The first ten amendments of the American constitution constitute the American Bill of rights. the important amendments:- The first amendment provides freedom of religion, freedom of press, freedom of expression and the rights of assembly. The fourth amendment provides protection of individual against unreasonable search and seizure. The fifth establishes the rule against the self-incrimination and the right to due process of law.

15. French Revolution (1789-1799) King Louis XIV was 1st king to come into power- executed. Roberspierre 2 nd ruler- arrested & overthrown . The revolution reached in climax in 1789; the National Assembly swept away the ancient feudalism and serfdom . The slogan of the revolution was liberty, equality and fraternity The French revolution gave a fatal blow to absolute monarchy & led to the establishment of French Republic. There were new ideas such as such as enlightenment, citizenship, nationalism and inalienable right.

16. special privileges abolished & society organized on basis of equality. The government should be not only “for the people” but also “by the people”. The Declaration of the Rights of Man was a product of French Revolution On 17th august 1789 , the National Assembly proclaimed the Rights of Man and of the Citizens. These rights were formulated in 17 articles. Basic motto behind that ‘’’Men are born free and equal in rights”

17. THE RUSSIAN REVOLUTION Russian revolution took place in 1917 - 1 st communist revolution of the world. highlighted that economic & social rights were as important as the civil and political rights. English, American & French revolutions emphasized the first generation (civil and political) rights, where as Revolution of Russia popularized socio- economic rights; such as right to food, clothing, shelter, work, social security, protection of the family, right to adequate standard of living, right to education, health, i.e. second generation rights

18. Contemporary International Human Rights Organizations To prohibit the slave trade and to limit the horrors of war, in 1919 International Labour Organization was established to oversee treaties protecting workers with respect to their rights, including their health and safety. At the end of 1 st World War the League of Nations was established following the concern for the protection of certain minority groups. ILO maintained justice & rights & promoted the conditions of workers.

19. The Second World War (1939) Over six million people which included Jews, Sinti , Romani Gypsies and persons with disabilities were killed by Nazi Germany which horrified the world. Trials were held in Nuremberg and Tokyo after the World War and officials from the defeated countries were punished for committing war crimes, crimes against peace and humanity.

20. Evolution Of The United Nations The idea of human rights emerged stronger after World War II. Governments then committed themselves to establishing the United Nations, with the primary goal of securing international peace and preventing conflict.

21. Continuation People wanted to ensure that never again would anyone be unjustly denied life, freedom, food, shelter and nationality. Calls came from across the globe for human rights standards to protect citizens from abuses by their Governments, standards against which nations could be held accountable for the treatment of those living within their borders. These voices played a critical role in the San Francisco meeting that drafted the United Nations Charter in 1945.

22. The United Nations Charter – 1945 “ established an international organization dedicated to maintaining peace and security and to cooperation in solving economic, social, cultural, and humanitarian problems.” Article 1 part 3- To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

23. Article 13 The General Assembly shall initiate studies and make recommendations for the purpose of: b- promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

24. Article 55 With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote :  a.  higher standards of living, full employment, and conditions of economic and social progress and development;    b.  solutions of international economic, social, health, and related problems; and international cultural and educational      cooperation; and    c.  universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex,    language, or religion.

25. Article 76 The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be:      c.  to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and     

26. Article 56 All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55. Article 62 The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly to the Members of the United Nations, and to the specialized agencies concerned. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all .

27. Article 68 The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions . The ECOSOC in its 1 st session constituted the Human Rights Commission

28. Charter did not define what are human rights and provided no provision for implementation therefore there was a demand for adoption of International Bill of Rights. The task of framing an International Bill of rights was entrusted to the Commission on Human Rights.

29. the Commission laid down the task of framing an International Bill of rights comprising a Declaration, Covenant and ways and means of implementing them. This was confirmed by the General Assembly On December 10 th , 1948 UDHR was adopted. The Commission drafted two covenants in 1954

30. In 1955 this committee finally approved the text of the conventions To come into force the covenant required ratification by 35 States. So slow was the process of ratification that the ICESCR could come into force only on January 3 rd , 1975 and the ICCPR on March 23 rd , 1976.

31. The beauty of UDHR is that it’s neither addressed to nations nor to member states of the UN but to every individual. Most of the rights given under UDHR have been incorporated in Indian Constitution.

32. HR Bodies under UN 1 st HR body was Commission on Human Rights Appointed by ECOSOC & approved by GA on 16 th Feb, 1946 Composed of 18 members elected by ECOSOC Another body- Sub- commission on Promotion & Protection of HR Established on June 21, 1946

33. Human Rights Council Both Commission & Sub-Commission on HR replaced by the Human Rights Council on March 2006 by the GA In World Summit Outcome 2005 - agreed to create a UN HR Council- in Geneva 47 members- are elected directly Holds regular elections 3 times a year- March, June, Sept.

34. Functions- Promote HR education & learning Forum for dialogue on thematic issues on HR Recomdn to GA for develpmt of IHL Promote full implementatn of HR obligation by states Subsidiary bodies- Universal Periodic Review, Complaint Procedure, Special Procedures & Advisory Committee

35. Office of the UN High Commissioner for HR (OHCHR) Established by GA- on Dec 20, 1993 Office – at Geneva Headed by High Commissioner- appointed by Secretary General of UN Serve- 4 year term period Responsible for all activities of OHCHR

36. Special responsibilities by GA are- To protect & promote – effective enjoyment by all To provide advisory services to coordinate UN educatn & public info. Programmes in filed of HR Promotes Intl. cooperatn for HR Assists in develpmt of new norms Responds serious violatn of HR Undertakes HR field activities

37. Declaration vs. Covenant/ Convention/ Treaty GA requested ECOSOC HR Commission Drafting Committee The International Bill of Human Rights comprises UDHR, ICCPR and ICESCR and its two Optional Protocols

38. Universal Declaration Of Human Rights On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by 56 members of the United Nations . The UDHR commonly referred to as the International Magna Carta . UDHR consists of 30 Articles besides A Preamble

39. Continuation Rights proclaimed in UDHR classified into 4 categories- 1- General (Art. 1 & A. 2) 2- Civil & Political ( A. 3 to 21) 3- Economic, Social & Cultural ( A. 22 to 27) 4- Concluding (Art. 28 to 30)

40. Preamble “Where as Recognition of the inherent dignity & of the equal & inalienable rights of all members of the human family is the foundation of freedom, justice & peace in the world” . From Tyranny & oppression Human beings should be protected Originally intended as a "common standard of achievement for all peoples and all nations", UDHR has become a cornerstone of customary international law, and all govt.s are bound to apply its principles. 

41. Article 1 declares that "all human beings are born equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood." Article 2 recognizes the universal dignity of a life free from discrimination. "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind such as race, colour , sex, language, religion, political or other opinion, national or social origin, property, birth or other status."

42. The first cluster of articles, 3 to 21, sets forth civil and political rights to which everyone is entitled. The second cluster of articles, 22 to 27, sets forth the economic, social and cultural rights to which all human beings are entitled. The third and final cluster of articles, 28 to 30, provides a larger protective framework in which all human rights are to be universally enjoyed

43. Indian Constitution and UDHR India a signatory to the UDHR. No. of FRs guaranteed to the individuals in Part III of the Indian Constitution are similar to the provisions of the UDHR Even most of the economic, social and cultural rights proclaimed in the UDHR incorporated in part IV of the Indian Constitution.

44. Sl No. Name of Rights Universal Declaration Indian Constitution 1 Equality before law Article 7 Article 14 2 Prohibition of discrimination Article 7 Article 15(1) 3 Equality of opportunity Article 21 (2) Article 16(1) 4 Freedom of speech and expression Article 19 Article 19(1)a 5 Freedom of peaceful assembly Article 20(1) Article 19(1)b 6 Right to form associations or unions Article 23(4) Article 19(1)c 7 Freedom of movement within the border Article 13(1) Article 19(1)d 8 Protection in respect of conviction for offences Article 11(2) Article 20(1) 9 Protection of life and personal liberty Article 3 Article 21 10 Protection of slavery and forced labour Article 4 Article 23 11 Freedom of conscience and religion Article 18 Article 25(1) 12 Remedy for enforcement of rights Article 8 Article 32 13 Right against arbitrary arrest and detention Article 9 Article 22 14 Right to social security Article 22 Article 29(1)

45. Sl No. Universal declaration of rights Article in the universal declaration Article in the Indian constitution 1 Right to work, to just and favourable conditions of work Article 23(1) Article 41 2 Right to equal pay for equal work Article 23(2) Article 39(d) 3 Right to education Article 26(1) Article 21(A), 41, 45, & 51(A)k 4 Right to just and favourable remuneration Article 23(3) Article 43 5 Right to rest and leisure Article 24 Article 43 6 Right of everyone to a standard of living adequate for him and his family Article 25(1) Article 39(a) & Article 47 7 Right to a proper social order Article 28 Article 38

46. India signatory to UDHR Indian Constitution adopted by Constituent Assembly on Nov. 26, 1949- came into force from Jan. 26, 1950- influenced by Declaration. Preamble- 4 pillars- Justice, Liberty, Equality, Fraternity The Preamble of the Constitution stated ‘dignity of the individuals’ which implied that the worth inherent in the human person was well recognized.

47. In Keshavananda Bharti v. State of Kerala- ( AIR 1973 SC 1461) SC observed that the UDHR may not be legally binding instrument but it shows how India understood the nature of HR at the time the Constitution was adopted. In Golak Nath v. State of Punjab- ( 1967 AIR 1643) FRs are Modern Name of what traditionally known as Natural Rights. HRs- Citizens- A . 15, 16, 19, 29 All Persons- A. 14, 20, 21, 22

48. Chairman, Railway Board & others v. Mrs. Chandrima Das - SC observed that the Declaration has the international recognition as the ‘Moral Code of Conduct’ adopted by GA of UN. The applicability of UDHR has to be read as part of domestic jurisprudence That declaration adopted by UN have to be respected by all signatory states and the meaning as would help in effective implementation of those rights.

49. Minerva Mills v. U.O.I . (1980) 2 SCC 591- Part III & Part IV together constitute the core of our Constitution & combine to form its conscience. Anything that destroys the balance between the two parts will ipso facto destroy an essential element of basic structure. Art. 51- give Importance to Intl. treaty & Obligations.

50. Sources of HR Law 1- International Treaties/Conventions- 2- International Custom- 3- Other International Instruments/ Official Documentations- 4- Judicial Decisions-

51. Background of Intl. Covenants on HR Commission on HR- prepared preliminary draft of Int. bill of rights Decided to have a covenant- Intl. Covenant on HR- Working Group prepared a Draft covenant consists of 27 Articles divided in to 3 Parts Draft covenant forwarded this proposal in Jan 1948 but in 1950, GA recommended inclusion of 2 nd GR. 1954 Commission completed 2 Drafts of 2 Covenants- forwarded to ECOSOC then to GA

52. GA assigned the verification to its Third Committee (Social, Humanitarian & Cultural) On recommendatn of 3 rd Comm. GA on 16 Dec 1966 adopted 2 Covenants- ICCPR & ICESCR Also adopted an Optional protocol to Int. Cov . On Civil & Pol. Rights GA adopted 2 nd Opt. P aiming at Abolition of the Death Penalty on Dec 15, 1989 GA adopted Opt. protocol for ICESCR on Dec. 10, 2008

53. 2 Covenants opened for signature on Dec 19, 1966 but, ICESCR came into force on Jan 3, 1976 and ICCPR along with 1 st OP came into force on 23 rd March, 1976. 2 nd OP to ICCPR came into force on July 11, 1991 OP to ICESCR came into force on May 5, 2013

54. ICCPR ICCPR- key international HR treaty providing a range of protection for civil & political rights. Multi lateral treaty adopted by UN GA on 16 th December 1966 & came into force 23 March 1976 ICCPR part of Intl. bill of HRs along with UDHR & ICESCR Covenant consists of Preamble and 53 Articles & is divided into 6 Parts.

55. The First three parts include I, II & III which enumerates various rights & freedoms Other parts r devoted with implementation procedures for effective realization of such rights.

56. Structure of ICCPR Part I- Article 1- Part II- Art.2 to A. 5 Part III- Art. 6 to A.27 Part IV- Art. 28 to A. 45 Part V- Art. 46 & A. 47 Part VI- Art. 48 to A. 53

57. Part I- A. 1- Right to Self determination- People have right to determine their political status & freely pursue eco, soc, cul . Development State parties shall promote realisation of right to self- determination & shall respect that right. Part II- rights & obligations of State Parties to Covenant Obligation of States to take necessary steps to incorporate the provisions of covenant in domestic laws & to adopt such legislative & othr reg.

58. Equal right of men & women to enjoyment of all civil & pol. Rights A.3- State parties to present covenant undertake to ensure equal right of men & women to enjoyment of all civil & pol. Rights A.4- State parties to covenant may take measures derogating from their obligations under covenant to the extent strictly required by exigencies of the situatn .

59. A.5- Nothing may be interpreted at destruction of rights & freedom to greater extent than in the covenant, no restrictn or derogation of Fundamental HR on the pretext that covenant do not recognise such right. Part III- Art. 6 to 27

60. A.6- Right to Life A.7- Freedom from torture or inhuman treatment or punishment A. 8- freedom from Slavery & servitude A.9- right to liberty & security A.10- right of detenu to be treated with Humanity A.11- freedom from imprisonment for inability to fulfill a contractual obligation A.12- Freedom of movement & to choose residence

61. A.13- freedom of aliens from arbitrary expulsion A.14- right to equality in fair trial A.15- non- retroactive application of Criminal law A.16- Right to recognition as a person before the law A.17- Right to privacy, family, home or correspondence A.18- Freedom of thought, conscience & religion A.19- Freedom of opinion & expression

62. A.20- Prohibition of propaganda of war A.21- Right of peaceful assembly A.22- Freedom of association A.23- Right to Marry and found a Family A.24- Rights of the Child A.25- Right to take part in the conduct of public affairs, to vote & to be elected A.26- Equality before the law A.27- Rights of Minorities

63. Implementation Procedure The committee carries out the implementation of the human rights in 4 ways- 1- The Reporting Procedure 2- Inter-State Communication system 3- Conciliation Procedure 4- Individual’s Communications System

64. Reporting- Art. 40 para 1 of ICCPR obligates the state parties to undertake to submit reports on measures they have adopted to give effect to the rights recognized. Inter-State Communication System- If the covenant are not given effect by a state, other state parties may make complaints regarding the violations by HRs Committee. Art.41 lays down the process.

65. Conciliation Procedure- The Conciliation procedure is adopted by HRs Committee in those cases of Inter state communications where a matter referred to it is not resolved to the satisfaction of state parties concerned. In such cases, committee may appoint an ad hoc conciliation committee with prior consent of State Parties. - Basically dealt in Article 42

66. Individual Complaint Mechanism- Individual have been given right to make petition before HRs Committee against the State violating any right provided under civil & political rights under Optional Protocal -I

67. Criticism of the Covenants HRs can’t b universal in nature because One State differ from other state In both the covenants, they omitted the provision to recognize & protect the property rights

68. In Vishaka v. State of Rajasthan- SC in absence of domestic law relating to Sexual Harassment at workplace, contents of international conventions are significant for purpose of interpretation of gender equality. This is implicit from A.51 para 3 & A. 53 of ICCPR

69. In Nilabati Behera v. State of Orissa- SC observed that in case a provision in ICCPR was referred to support the view of an unenforceable right to compensation not alien to enforcement of a guaranteed right, as a public law remedy under A. 32. A. 9 (5) of ICCPR provides that any one who has been victim of unlawful arrest or detention shall have enforceable right to compensation.

70. HR Committee HRC body of 18 independent experts- monitors implementation of ICCPR by its State Parties. It meets 3 times a year at UN headquarter, NY Treaty-based mechanism- experts examines reports & rules on Individual Communications All St. Parties r obliged to submit regular reports to the Committee on how the rights r being implemented

71. Initially Submit report in 1 year then when Committee requests Comm. Examines each report & addresses its concerns & recommendation to the St. party in form of ‘concluding observations’ It considers St. reports, individual complaints & inter-state complaints & its preparation of general comments & general discussions on topics of ICCPR

72. Optional Protocol I To achieve the purposes of the ICCPR & for better implementation of its provisions- Human Rights Committee to be set up under Part IV & under OP-I will receive and consider communications of individuals. Total- 14 Articles Provides for Individual Complaint Mechanisms

73. Optional Protocol- II Aim at abolition of Death Penalty- Enhance human dignity & progressive development of HR Followed Art. 3 of UDHR & A.6 of ICCPR All measures of abolition of death penalty should be progress in enjoyment of right to life Desirous to undertake hereby an Intl. commitment to abolish death penalty Total- 11 Articles

74. Speech & Expression- A. 19 (1) (2) Bennet Coleman Co. v. UOI (AIR 1973 SC 106) The News Print Control Order 1962 was challenged as it fixed max. no. of pages. The Govt. action restrictd the new print & its distributn & use. SC held that it was violative of A. 19 (1) (a) of Consti . SC observed that Govt. should ensure the equitable distribution of available newsprints among news paper & once distributed papers should be left free to determine its use.

75. Right to Life Maneka Gandhi v. UOI (AIR 1978 SC 597) She was asked to surrender her passport u/S.  10(3)(c) of Passport Act, 1967 in public interest Right to Life is more than mere animal existence. It includes Right to Live with dignity & all those rights which would make right meaningful SC observed that procedure prescribed by law for depriving a person of his life & personal liberty must b right, just & fair not arbitrary, fanciful & oppressive.

76. Right to Die P. Rathinam v. UOI- SC declared that Section 309 of IPC is Unconstitutional & right to die was included in A. 21 under Right to Life. Gian Kaur v. State of Punjab- SC reversed Rathinam judgment & held Right to Life doesn't Right to Die. Right to Life is a natural right but Suicide is an unnatural termination/extinction of life is incompatible with Concept of Right to Life. Right to Life include Right to Live with human dignity would mean the existence of a right up to end of natural life.

77. ICESCR Multi lateral treaty- adopted by GA on 16 th Dec. 1966 & came into force on 3 rd Jan. 1976 It commits its parties to work towards granting of ESC Rights to individuals It is composed of a Preamble & 31 Articles which is divided into 5 Parts Part I- Art. 1 Part II- A. 2 to A.5 Part III- A. 6 to A.15 Part IV- A. 16 to A. 25 Part V- A. 26 to A. 31

78. Part I- Art. 1- Rights to Self- determination Part II- Nature of obligation of State Parties A. 2- steps for full realization of rights A. 3- assurance for providing equal rights A. 4- No illegal limitation on enjoyment of rights A. 5- No restriction on people to enjoy rights Part III- Economic, Social & Cultural Rights A. 6- Right to work A. 7- Right to just & favorable conditions of work A. 8- right to form & join trade unions

79. A. 9- right to social security A. 10- right relating to motherhood & childhood, marriage & the family A. 11- right to adequate food, clothing, housing & standard of living & freedom from hunger A. 12- right to physical & mental health A.13 & A.14- right to education including a plan for implementing compulsory primary education A. 15- right relating to science & culture

80. Name of Right ICESCR Consti . 39 f

81. Part IV- Report by State parties to UN Secretary- General (Machinery for Implementation) - A.16- 25 St. parties to present the covenant undertake to submit reports on measures which they have adopted & progress made in realization of rights. All reports submitted to Secretary Gen of UN- shall transmit to ECOSOC ECOSOC- may submit from time to time to GA reports with recommendations Part V- Signatures, ratification & accession (A.26 to 31)

82. Enforcement of ICESCR ICESCR envisages ‘progressive realization’ of rights taking into account each state party’s availability of resources ICESCR often sets out steps to be taken by the State parties for realization of various rights contained in the convention. Monitoring - To monitor & assist the implementation of the rights contained in ICESCR, the covenant has created an entity known as a treaty body ‘the Committee on Economic & Social Rights’

83. The primary function of supervising State parties compliance with obligation assumed by ratifying the Covenant & To oversee the implementation of rights enumerated in ICESCR It consists of 18 independent experts The Committee established under ECOSOC to carry out the monitoring functions assigned to the ECOSOC in Part IV of the covenant

84. All the St. parties are obliged to submit regular reports to the Committee On how the rights are being implemented The Committee also undertake inquiries on grave & systematic violations under ICESCR Consider Inter State Complaints The Committee meets in Geneva & normally holds 2 sessions per year

85. Cases on ICESCR Equal Pay for Equal Work- State of M.P. v. Pramod Bhartiya ( AIR 1993 SC 287- Both Part IV & Part III r complementary to each other. It is not only a DPSP but is as much part of Art 14 & A. 16 (1) of Indian Constitution SC held that equal pay for equal work though not a FR is certainly a Constitutional Goal

86. Right to Livelihood- Olga Tellis v. Bombay Municipal Corporation- Commonly known as Pavement Dwellers Case Right to livelihood is an integral facet of right to life. The case was brought by pavement dwellers to resist eviction from their habitat by Bombay Municipal Corp. Court observed that no person can live without means of living. Easiest way to deprive life is to take livelihood St. may not take affirmative action for their benefit but cannot deprive their right

87. Right to Shelter Chameli Singh v. State of UP (1996) 2 SCC 549 Right to Life includes Right to Shelter. The right to shelter does not mean a mere right to have a roof over one’s head but right to all infrastructure necessary to enable them to live & develop as a Human Being Right to live in a civilized society implies right to food, water, decent environment, education & medical care. These r basic HRs known to any civilized society

88. Right to Health Paschim Bengal Khet Mazdoor Samity v. State of WB (AIR 1996 SC 2426) Failure on part of Govt. Hospital to provide timely medical treatment to a person in need of such treatment is violation of Art. 21. State cannot plead financial constraint to carry out directions to provide adequate medical services

89. Right to Food PUCL v. UOI- FCI godown were overflowing with grain & rotting- 5 km away people were starving Pucl Raj. Filed the case – Right to food is implicit in A.21 Court directed that PDS shops if closed be reopened. FCI was ordered to ensure that food grains don’t waste States were given responsibility over implementation of food security schemes. Court tried to justify right to food by bringing it under A.21 & linking it to A. 25 of UDHR & A.11 of ICESCR

90. Right to Education Unni Krishnan v. State of A. P.- Right to Education flows directly from right to Life. The State is under a constitutional mandate to provide educational institutions at all levels for benefit of citizens. Right to Life includes Right to Education as Education promotes good & dignified life. Court referred A. 21A, A. 41 & A. 45 to determine the parameters of the right & A.13 of ICESCR

91. Few More cases of ICCPR Right to Equality- Ajay Hasia v. Khalid Mujib (1981) SCC 722 Protection against arbitrary arrest & detention- D. K. Basu v. State of West Bengal Joginder Singh v. State of U P Right to compensation- Neelabati Behera v. State of Odisha Right against solitary Confinement- Sunil Batra v. Delhi Administration AIR 1978 SC 1675