Human Rights Law

What is a Charter ? Charter is a record of PublicAct, delegating rights &privileges to recipients (in form of public declaration& not addressed to recipient, but notified to public).

1. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) BALLB / BBALLB (SE VENTH SEMESTER) HUMAN RIGHTS LAW (LLB 407)

2. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) UNIT I INTRODUCTION TO HUMAN RIGHTS

3. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) MEANING AND NATUR E OF HUMAN RIGHTS New International Webster’s Comprehensive Dictionary of the English Language, literally the word “right” means anything done in accordance with or conformable to truth or fact, correct, true, accurate, not mistaken, conformable to a standard of propriety, fit , suitable and the word “human” means pertaining to characterizing man or mankind. Human Right is mainly related to humans and nature of human right is different. It does not require any state recognition, any legitimacy from the state and any enforcement. Human rights are older than states.

4. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) History of human rights can be traced back to man itself. When there was only human being human right was there. When there was not state, natural law etc there was human right. History of human rights starts with the history of man itself. Nature of human rights changed with Industrial Revolution. Human rights in this era was considered as social rights. Human rights changed with Russian Revolution 1916. The outcome of this was making of first constitution of USSR in 1916. It was the first constitution of the modern states guaranteed Social and Economic Rights in its Constitution itself. This led to dawn of Second Generation Human Rights.

5. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) ORIGIN AND EVOLUTION The history of origin and development of Human Rights is very fascinating. The origin of human is traced by some Scholars back to the times of ancient Greeks. The fact that human rights were recognized as natural rights of man is illustrated by a Greek play Antigone. It is said that the struggle for human rights started in the Western world sometimes in the beginning of 13th century, which is the great English Charter known as Magna Carta was issued but the fact is that this struggle had started even 200 years prior to the issue of this charter determining the rights of the parliament in 1037 AD.

6. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) The Second important document was the draft of Right, 1689. Other important documents included the English Bill of Rights, 1689, American declaration of independence, 1776, French declaration of the Rights of man and of the Citizens, 1789 etc. Though the established fact is that concept of “Human Rights” was existed, before the “Magna Carta” (Bill of Rights), itself came into existence. However, Magna Carta enjoys the status of a milestone in the history of human rights. This charter was also issued in 1216, 1217 and 1325 after being amended and modified. The expression ‘fundamental rights of man ‘were stated in the declaration and constitutional instruments of many states.

7. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) The term human rights came somewhat late in the vocabulary of mankind. It is a twentieth century name for what has been traditionally known as Natural rights or the rights of Man. It was first used by Thomas Paine in the English translation of the French Declaration of the rights of Man and citizen. The term natural law was replaced because the concept of natural law had become a matter of great controversy and the phrase ‘the rights of man’ was found unsuitable as it was not universally understood to include the rights of women.

8. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) DEVELOPMENT OF HUMAN RIGHTS REGIME The turning point for the traditional approach in International law came in 1940’s in midst of the extreme human rights abuses in war-torn Europe during the World War II shocking crimes were committed against the humanity and there was a total suppression of fundamental human rights. Violation of human rights was considered as a source of International conflict and protection of human rights was regarded as necessary for international peace. This conviction was reflected in the proclamation issued by President Franklin D, Roosevelt on January 6, 1941 which came to be known as ‘Four Freedoms’.

9. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) ‘Four Freedoms’. These he listed as freedom of speech, freedom of religion, freedom from want and freedom from fear. In the message he declared; “freedom means the supremacy of human rights everywhere. Our support goes to those who struggle to gain these rights or keep them”. The same efforts for the creation of an international organization, in order to establish peace, were being made even when the World War II was in progress. A number of conference and meetings were held before the United Nations, an international organization was established in 1945. UN decided to prepare on International Bill of Rights to achieve the end. The General Assembly adopted its on December 10, 1948 through a resolution known as ‘Universal Declaration of Human Rights’

10. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Although that could not be done it was realized that it should be the obligation of the International community to co-operate in eradicating the scourge of war, therefore the promotion and respect for human rights which at present constitute so important and so conspicuous be an integrated part of the United Nation charter. After the Universal Declaration of Human Rights by the UN General Assembly on December 10, 1948, the concept of Human Rights assumed a significance of its own.

11. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) UNIT II INTERNATIONAL HUMAN RIGHTS LAW

12. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) UN CHARTER The UN Charter in 1945 affirmed faith in the fundamental human rights and appointed a Commission on Human Rights under Mrs. E. Roosevelt. This declaration was the outcome of the latter’s deliberations A.A. Said aptly remarked “The concept of Human Rights may be difficult to define but impossible to ignore”. The United Nations (UN) is an international organisation whose stated aims are to facilitate cooperation in international law, international security, economic development, social progress and human rights issues. The pursuit of human rights was a central reason for creating the UN. It was founded in 1945 and began with fifty countries signing the United Nations Charter.

13. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) As of 2007, there are 192 United Nations member states, encompassing almost every recognised independent state. The UN Charter obliges all member nations to promote “universal respect for, and observance of, human rights” and to take “joint and separate action” to that end. The Charter consists of a preamble and a series of articles divided into chapters. It includes: purposes of the United Nations; criteria for membership; the organs and institutions of the UN; arrangements for integrating the UN with established international law; and the enforcement powers of UN bodies.

14. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) UDHR In December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories". The 1948 Universal Declaration of Human Rights is probably the most famous human rights document and at the same time is the cornerstone of international human rights protection.

15. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) The effects of II World War and fear of communism however led to a turnaround. During the war the Allies explained that they were willing to create conditions for all humans to live in freedom and free from any fear and shortage. Therefore the UN Charter of 1945 contains the clear order to the community of states to encourage the respect and realisation of human and basic rights. The thirty articles of the Universal Declaration of Human Rights guarantees protection of the person, of procedural law , classical freedom rights such as freedom of expression, as well as economical, social and cultural rights. These rights apply to all people irrespective of their race, gender and nationality.

16. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) COVENANTS OF 1966 Universal Declaration of Human Rights(UDHR) includes civil and political rights, economic, social, Cultural and group rights. There are quests to transform the declaration to legally binding documents, United Nations eventually adopted the two covenants. International covenant on civil and political rights (ICCPR) International covenant on economic, social and cultural rights (ICESCR)

17. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) International covenant on civil and political rights (ICCPR) The state parties to the covenants consider principles in the charter of the UN and recognized the civil and political rights in Universal Declaration of Human Rights(UDHR) and duties of individual to other individuals and community, it can be said that this covenant has its foundation in Universal Declaration of Human Rights and UN charter . International covenant on economic, social and cultural rights (ICESCR) The covenant was adopted alongside ICCPR to develop UDHR rights, it contains ‘second generation’ rights. it was opened for signature in 1966.it came into force in 1976 with 155 States as parties as at January 2007.

18. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) OPTIONAL PROTOCOLS An optional protocol is a treaty that complements and adds to an existing human rights treaty. For this reason, only States that have already agreed to be bound by a parent treaty may choose to be parties to optional protocols. There are only two kinds of optional protocols in the UN Human Rights Treaty System: Those that address a new substantive area that has not been included in the original text of a treaty. For example the Second Optional Protocol to the International Covenant on Civil and Political Rights which considers the question of the abolition of the death penalty; Those that address procedural aspects that may affect the way a treaty operates and is enforced. For instance, by creating new compliance mechanisms as in the case of the Optional Protocol to the CEDAW Convention.

19. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) The Optional Protocol to the ICESCR (OP-ICESCR) is a separate treaty open for signature and ratification by States that are already parties to the ICESCR. The OP-ICESCR does not create any new substantive rights. It sets a mechanism that makes it possible for individuals or groups to submit a complaint to the Committee in regard to violations of their economic, social and cultural rights by a State party. For example , a community that was wrongfully evicted by the local authorities without being able to benefit from any remedies provided by national courts would be able to file a complaint directly to the Committee on ESCR.

20. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) UNIT III NATIONAL HUMAN RIGHTS LAW

21. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) CONSTITUTIONAL PROVISIONS The Constitution of India gave primary importance to human rights. To quote Guha, ”The demand for a declaration of fundamental rights arose from four factors.” Lack of civil liberty in India during the British rule Deplorable social conditions, particularly affecting the untouchables and women Existence of different religious, linguistic, and ethnic groups encouraged and exploited by the Britishers Exploitation of the tenants by the landlords

22. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) India was a signatory to the Universal Declaration of Human Rights. A number of fundamental rights guaranteed to the individuals in Part III of the Indian Constitution are similar to the provisions of the Universal Declaration of Human Rights. In Keshavananda Bharati v. State of kerala, the Supreme Court observed, ”The Universal Declaration of Human Rights may not be a legally binding instrument but it shows how India understood the nature of human rights at the time the Constitution was adopted.” In Railway Board and others v. Mrs.Chandrima , the Supreme Court observed that the Declaration has the international recognition as the Moral Code of Conduc t adopted by the General Assembly of the United Nations.

23. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) FUNDAMENTAL RIGHTS The judicially enforceable fundamental rights which encompass all seminal civil and political rights and some of the rights of minorities are enshrined in part III of the Constitution (Articles 12 to 35). These include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural educational rights and the right to Constitutional remedies. I n keshavananda Bharati v. State of kerala,”observed, ”I am unable to hold these provisions to show that rights are not natural or inalienable rights. As a matter of fact India was a party to the Universal Declaration of Rights . . . and that Declaration describes some fundamental rights as inalienable.”

24. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) DIRECTIVE PRINCIPLES OF STATE POLICY Judicially non-enforceable rights in Part IV of the Constitution are chiefly those of economic and social character. However, Article 37 makes it clear that their judicial non-enforceability does not weaken the duty of the State to apply them in making laws, since they are nevertheless fundamental in the governance of the country. The various ’reasonable restrictions’ clauses in Part Ill, Article 21, and the seldom-used Part IV-A have given ample scope for the Judicial Review of administrative and legislative action. Indeed, Article 21 has allowed it to act as a catalyst in prodding the State to implement the directive principles in so far as they directly bear upon ”life and personal liberty.”

25. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) HUMAN RIGHTS ACT, 1993 The Human Rights Commission Bill introduced in the Lok Sabha on May 14, 1992 was referred to the Standing Committee on Home Affairs of the Parliament. The President of India promulgated an Ordinance, which established a National Commission on Human Rights on September 27, 1993, owinc to pressure from foreign countries as well as from the domestic front. Thereafter, a Bill on Human Rights was passed in the Lok Sabha on December 18, 1993 to replace the ordinance promulgated by the President The Bill became an Act, having received the assent of the President, or January 8, 1994 (Act 10 of 1994) and was published in the Gazette of India, Extraordinary Part II, Section I, on January 10, 1994.

26. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) NHRC: Composition, Powers and Functions Chapter II of the Human Rights Act deals with the constitution of the National Human Rights Commission (N.H.R.C.). Section 3 of the Act lays down that the Central Government shall constitute a body known as the National Human Rights Commission. It shall consist of members as follows: a) A Chairperson who has been a Chief Justice of the Supreme Court b) One Member who is, or has been a J udge of the Supreme Court c) One Member who is, or has been, the Chief Justice of a High Court d) Two Members to be appointed from amongst persons having knowledg e of, or practical experience in, matters relating to human rights.

27. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) The functions of the Commission are as follows:~ The Commission shall inquire suo motu or on a petition presented to it by a victim or any person on his behalf into complaints of (a) violation of human rights or abatement thereof or (b) negligence in the prevention of such violation by a public servant. It may intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court. The Commission shall review the safeguard provided by or under the Constitution. The Commission shall review the factors, including acts of terrorism. Shall study the treaties and other international instruments on human rights and make recommendations.

28. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) R OLE OF STATE HRC, NCW, NCM, SC/ST C OMMISSION The Protection of Human Rights Act of 1993 provides for the creation of State Human Rights Commission at the state level. A State Human Rights Commission can inquire into violation of human rights related to subjects covered under state list and concurrent list in the seventh schedule of the Indian constitution According to the protection of Human Rights Act, 1993; State Human Rights Commission is allowed to carry out all the function which are carried out by NHRC. SHRC has the similar powers and functions as of NHRC which it can execute on its State level.

29. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) ROLE OF CIVIL SOCIETIES AND MEDIA Campaigning is always the first step to a noble cause and aims at building awareness among the masses. In a great country like ours, the largest democracy of the world, campaign is the authentic way to social change. The mass media can be an instrument for educators, educational institutions and Governmental and Non-Governmental Organizations for the emancipation of Human Rights. Freedom of expression, and press freedom in particular is an important factor in democracy because of the media’s ability to provide information which serve as link between mass publics, elites and government. They can also elevate the credibility and authority of new politicians, thus enhancing their acceptability by voters. It is therefore evident that the media are useful in ensuring that there is a feasible mechanism for democracy to thrive.

30. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) UNIT I V GROUP RIGHTS

31. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) GROUP RIGHTS RIGHTS AVAILABLE TO PRISONERS It is established that conviction for a crime does not reduce the person into a non-person, so a prisoner is entitled to all the rights, which are generally available to the non-prisoner. The Supreme Court of United States as well as the Indian Supreme Court held that prisoner is a human being, a natural person and also a legal person. Being a prisoner he does not cease to be a human being, natural person or legal person.Right to life and personal liberty : The Hon’ble Supreme Court has adopted annotation of Article 21 and expanded connotation of “life” given by Field J.

32. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Right to live with human dignity : The Supreme Court held that right to life is one of the basic human rights, guaranteed to every person by Article 21 and not even the State has authority to violate it. A prisoner does not cease to be a human being even when lodged in jail; he continues to enjoy all his fundamental rights including the right to life. Right to speedy trial: The Supreme Court held that right to speedy trial is a part of the fundamental right envisaged under Article 21 of the Constitution. Delay in disposal of cases is denial of justice, so the court is expected to adopt necessary steps for expeditious trial and quick disposal of cases.

33. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) RIGHTS AVAILABLE TO WOMEN Women and girls have the same fundamental human rights as men and boys have. These rights are set out in the Universal Declaration of Human Rights, and more explicitly referred to in the Convention on the Elimination of Discrimination Against Women (CEDAW) and the Beijing Platform for Action. CEDAW, is the principal international instrument on the rights of women. The Convention’s focus is on eliminating all forms of discrimination against women so that substantive equality, which requires equality in practice and the elimination of structural forms of inequality, can be achieved .

34. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) The CEDAW describes the three obligations that are central to state parties’ efforts to eliminate discrimination against women as: To ensure that there is no direct or indirect discrimination in their laws and that women are protected against discrimination – whether committed by public authorities, the judiciary, organisations, enterprises or private individuals – in the public as well as the private spheres, by competent tribunals as well as by sanctions and other remedies. To address prevailing gender relations and the persistence of gender-based stereotypes that affect women, not only through individual acts by individuals but also in the law, and legal and societal structures and institutions.

35. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) RIGHTS AVAILABLE TO INDIGENOUS PERSON Right of self-determination of indigenous individuals and peoples. Rights of indigenous individuals and people to protect their culture through practices, languages, education, media, and religion. Asserts the indigenous peoples’ right to own type of governance and to economic development Health Rights Protection of subgroups ex. elderly, women, and children. Land rights from ownership (including reparation, or return of land) to environmental issues

36. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) RIGHTS OF DISABLED PERSON A disproportionate number of persons with disabilities live in developing countries, often marginalized and in extreme poverty. The protection guaranteed in other human rights treaties, and grounded in the Universal Declaration of Human Rights, should apply to all. Persons with disabilities have, however, remained largely ‘invisible’, often side-lined in the rights debate and unable to enjoy the full range of human rights The Convention on the Rights of Persons with Disabilities, which was adopted in 2006 and entered into force in 2008, signalled a ‘paradigm shift’ from traditional charity-oriented, medical-based approaches to disability to one based on human rights.

37. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) The Convention on the Rights of Persons with Disabilities offers sufficient standards of protection for the civil, cultural, economic, political and social rights of persons with disabilities on the basis of inclusion, equality and non-discrimination. The Committee on the Rights of Persons with Disabilities (CRPD), a group of 18 independent experts (currently, most of them persons with disabilities), oversees promotion and implementation of the Convention. The experts are nominated by individual countries and then elected by the States that have ratified the Convention. All States are obliged to report regularly to the Committee on how the rights embodied in the Convention are being implemented in each of their countries.

38. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) RIGHTS OF SENIOR CITIZEN The International Bill of Rights states that h uman rights apply to all human beings everywhere, regardless of their sex, age, religious affiliation, disability, sexual orientation and other distinctions. Thus, the human rights of all people, including older persons are tacitly protected in the Bill of Rights. Work-related rights (Articles 6–7) The rights to social security (Article 9) Right to an adequate standard of living (Article 11) Right to the highest attainable standard of physical and mental health (Article 12).

39. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) RIGHTS AVAILABLE TO REFUGEES The concept of refugee protection is inseparable from the notion of human rights. In other words, we can say that the contemporary refugee law evolved out of human rights law and considered to be a part of international humanitarian law. The international legal regime for the protection of refugees, whose basis is provided by the 1951 Convention relating to the Status of Refugee and the 1967 Protocol . Once a person has been recognized as a refugee under the provisions of Convention, he is entitled to residen e and a number of human rights without discrimination. The rights enjoyed by refugees under this convention cover wide and diverse areas, such as religious, economic, social, educational, cultural, fiscal and civil rights etc.

40. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Determination of the personal status of a refugee by law of the country of his domicile or, if he has no domicile, by the law of the country of his residence. The rights of acquisition of movable & immovable property through different mode. A refugee shall have right to free access to courts and to legal assistance. A refugee shall have right regarding association with nonpolitical and non-profit making associations and trade unions. The application of its provisions to refugees without discrimination on the basis of race , religion or country of origin. The refugees are to be accorded a treatment, at least as favourable a s is accorded to the nationals.

41. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) THANK YOU