Introduction to human rights

TabinaShahbaz 471 views 37 slides Jan 30, 2019
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About This Presentation

introduction of human rights


Slide Content

Introduction to Human RightsIntroduction to Human Rights
Human rights are traditionally categorized in the following
five types
C
ivil R
ights
P
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Cultural Rights
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This is compilation of Presentation to introduce HR subjects to my students with due acknowledgement to all the sources

Basic Documents on Human RightsBasic Documents on Human Rights
19481948Universal Declaration of Human RightsUniversal Declaration of Human Rights
19661966International Covenants on Human RightsInternational Covenants on Human Rights
International Covenant on CPRInternational Covenant on CPR
International Covenant on ESCRInternational Covenant on ESCR
a)a)Specific topics: Torture, Racial discriminationSpecific topics: Torture, Racial discrimination
b)b)Specific victim groups: Gender, ChildrenSpecific victim groups: Gender, Children
General Comments & Recommendations by all treaty bodies General Comments & Recommendations by all treaty bodies
including:including:
General Comment 12, 1999General Comment 12, 1999
General Comment 15 on drinking water, 2002General Comment 15 on drinking water, 2002

Economic Rights
Cultural RightsSocial Rights
Civil RightsPolitical Rights

Civil and Political Rights
Civil Rights Political Rights
Civil rights deal with standards of judiciary
and penal systems.
Political rights deal with specific
components of participation in political
power.
These rights are often focused on when
one talks about human rights.

Economic Rights
Cultural RightsSocial Rights
ESCR - The neglected half of Human ESCR - The neglected half of Human
RightsRights
Economic Rights deal with the sphere of human
beings working, producing and servicing.
Social Rights deal with standard of living and
quality of life for all persons, including those not
participating in economic activities.
Cultural Rights deal with the cultural sphere of life
including ethnic culture, subcultures, arts and
science.

““Distinctions” of CPR ESCRDistinctions” of CPR ESCR
Civil and Political
rights (CPR)
Economic, social, and
cultural rights (ESCR)
Rationale for challenging
the distinction
Objective is to
ensure freedom
Objective is to ensure
equality
Freedom requires both types
of rights, and equality must
be assured in both
Negative (freedom
from=droit attribut)
Positive (right to=droit
créance)
Obligation to respect,
protect, and fulfill apply to
all rights.


Cost-free
(individual
freedom)
Resources required
(welfare)
Requirement of resources is
dependent on the type of
obligation not on the type of
right.
Justiciable Political or
programmatic
All rights eventually become
justiciable as better they are
defined
Immediate
implementation
Progressive
implementation
Elements of immediate and
progressive implementation
apply to all rights in varying
degrees
Absolute,
immutable
Relative, responsive to
changing conditions
All rights have a core of
which the implementation is
indispensible

Indivisibility of Human RightsIndivisibility of Human Rights
“All human rights are universal, indivisible and
interdependent and interrelated. The international
community must treat human rights globally in a fair and
equal manner, on the same footing, and with the same
emphasis. While the significance of national and
regional particularities and various historical, cultural and
religious backgrounds must be borne in mind, it is the
duty of States, regardless of their political, economic and
cultural systems, to promote and protect all human rights
and fundamental freedoms.”
The Vienna Declaration and Program of Action (June 1993, Paragraph 5)

Summary
C
ivil R
ights
P
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t
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c
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R
i
g
h
t
s
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c
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R
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Cultural Rights
S
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R
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Indivisibility
Interrelatedness
Interdependence
Human rights are indivisible and highly interrelated.

FRAMING OUR HUMAN RIGHTS
QUESTIONS

What are the historic and philosophical What are the historic and philosophical
foundations for “human rights”?foundations for “human rights”?

What are the underlying principles of the What are the underlying principles of the
Universal Declaration of Human Rights?Universal Declaration of Human Rights?

How does the Universal Declaration of Human How does the Universal Declaration of Human
Rights and our stories connect to Human Rights and our stories connect to Human
Rights Education? Rights Education?

Story of the evolution of Human RightsStory of the evolution of Human Rights

How do we tell our story of the evolution of How do we tell our story of the evolution of
human rights and human rights human rights and human rights
education? education?
We must recognize our ancestors and
elders, whose shoulders we are standing
upon!

Philosophical Visions:
Human Nature - A search for Common secular inquiry and human reason
400 B.C.E. est. - Mo Zi founded Mohist School of Moral Philosophy in 400 B.C.E. est. - Mo Zi founded Mohist School of Moral Philosophy in
ChinaChina
Importance of duty, self-sacrifice, and an all-embracing respect for Importance of duty, self-sacrifice, and an all-embracing respect for
others others –– ““universally throughout the worlduniversally throughout the world””
300 B.C.E. est. 300 B.C.E. est. –– Chinese sage Mencious Chinese sage Mencious
Wrote on the Wrote on the ““human naturehuman nature”” –– ““humans are fundamentally good, but humans are fundamentally good, but
goodness needs to be nurturedgoodness needs to be nurtured””
300 B.C.E. est. 300 B.C.E. est. –– Hsun-tzu Hsun-tzu
Asserted Asserted ““to relieve anxiety and eradicate strife, nothing is a effective to relieve anxiety and eradicate strife, nothing is a effective
as the institution of corporate life based on a clear recognition of as the institution of corporate life based on a clear recognition of
individual rightsindividual rights””
1750 B.C.E. 1750 B.C.E. –– King Hammurabi in Babylon King Hammurabi in Babylon
Necessary to honor broad codes of justice among people. Created one Necessary to honor broad codes of justice among people. Created one
of the earliest legal codes to govern behavior of the earliest legal codes to govern behavior –– ““let the oppressed man let the oppressed man
come under my statuecome under my statue”” to seek equal justice in law to seek equal justice in law
Ancient EgyptAncient Egypt
Explicit social justice Explicit social justice –– ““comfort the afflictedcomfort the afflicted……refrain from unjust refrain from unjust
punishment. Kill notpunishment. Kill not……make no distinction between the son of a man of make no distinction between the son of a man of
importance and one of humble originimportance and one of humble origin””
Early Sanskrit writings in IndianEarly Sanskrit writings in Indian
Responsibility of rulers for the welfare of people. Responsibility of rulers for the welfare of people. ““None should be None should be
allowed to sufferallowed to suffer…… either because of poverty or of any deliberate either because of poverty or of any deliberate
actions on the part of othersactions on the part of others””

Philosophical Visions:
Human Nature - A search for Common secular inquiry and human reason
300 B.C.E. 300 B.C.E. –– Ashoka of India Ashoka of India
Freedom of worship and other rights of his subjects. Other leaders Freedom of worship and other rights of his subjects. Other leaders
from this area impartial justice and social equality and no castes from this area impartial justice and social equality and no castes
should exist since all are from one treeshould exist since all are from one tree
1616
t ht h
century - Hindu philosopher Chaitanya century - Hindu philosopher Chaitanya
““There is only one caste There is only one caste –– humanity humanity””
Sikh leader Guru Gobind SinghSikh leader Guru Gobind Singh
Proclaimed Proclaimed ““recognize all the human race as onerecognize all the human race as one””
1010
t ht h
Century - Al-Farabi, an Islamic Philosopher Century - Al-Farabi, an Islamic Philosopher
Wrote Wrote The Outlook of the People of the City of Virtue,The Outlook of the People of the City of Virtue, a vision of moral society a vision of moral society
in which all individual were endowed with rights and lived in love and in which all individual were endowed with rights and lived in love and
charity with their neighbors.charity with their neighbors.
Greek PhilosophersGreek Philosophers
Equal respect for all citizens (insotimia). Equality before the law Equal respect for all citizens (insotimia). Equality before the law
(isonomia). Equality in political power (isokratia) and Suffrage (isonomia). Equality in political power (isokratia) and Suffrage
(isopsephia).(isopsephia).
Marcus Tillius CiceroMarcus Tillius Cicero
““Universal justice and law guided human nature to act justly and be of Universal justice and law guided human nature to act justly and be of
service to othersservice to others”” –– This natural law This natural law ““binds all human societybinds all human society””
together, applies to every member of together, applies to every member of ““the whole human racethe whole human race”” without without
distinction and unique dignity of each person.distinction and unique dignity of each person.
French philosopher Jean-Jacques Rousseau (1762)French philosopher Jean-Jacques Rousseau (1762)
““Man is born free, but everywhere he is in chainsMan is born free, but everywhere he is in chains

Precursors to 20th Century Human Rights Documents

1750 B.C.E. 1750 B.C.E.
Code of Hammurabi, BabyloniaCode of Hammurabi, Babylonia

1200 - 300 B.C.E. 1200 - 300 B.C.E.

Old TestamentOld Testament

551 - 479 B.C.E. 551 - 479 B.C.E.
Analects of ConfuciusAnalects of Confucius

40 - 100 C.E. 40 - 100 C.E.
New TestamentNew Testament

644 - 656 C.E. 644 - 656 C.E.
KoranKoran

1215 1215
Magna Carta, EnglandMagna Carta, England

1400 1400
Code of Nezahualcoyotl, AztecCode of Nezahualcoyotl, Aztec
1648
Treaty of Westphalia, Europe
1689
English Bill of Rights, England
1776
Declaration of Independence,
United States
1787
United States Constitution
1789
French Declaration on the Rights
of Man and the Citizen, France
1791 -United States Bill of Rights

19th and 20th Century Human Rights
based on Natural Rights

1863: Emancipation Proclamation, United 1863: Emancipation Proclamation, United
StatesStates

1864 & 1949: Geneva Conventions, 1864 & 1949: Geneva Conventions,
International Red CrossInternational Red Cross

1919: League of Nations Covenant, 1919: League of Nations Covenant,
International Labor Organization (ILO) International Labor Organization (ILO)
CreatedCreated

1920: Women gain the right to vote in the 1920: Women gain the right to vote in the
U.S.U.S.

1926: Slavery Convention1926: Slavery Convention

1945: United Nations Charter, San Francisco1945: United Nations Charter, San Francisco

1947: Mohandas Gandhi uses non-violent 1947: Mohandas Gandhi uses non-violent
protests leading India to independence.protests leading India to independence.

What are the Human Rights Principles?

The rights that The rights that
someone has someone has
simply because simply because
he or she is a he or she is a
human being & human being &
born into this born into this
worldworld..
CORE PRINCIPLES:
Human Dignity
Equality
Non-discrimination
Universality
Interdependency
Indivisibility
Inalienability
Responsibilities

What are the Common Myths about
Human Rights

Human Rights = civil rights.Human Rights = civil rights.

Economic, Social, and Cultural Rights Economic, Social, and Cultural Rights
(i.e., healthcare, housing) are privileges.(i.e., healthcare, housing) are privileges.

Human Rights applies only in poor, Human Rights applies only in poor,
foreign countries.foreign countries.

Human Rights are only concerned with Human Rights are only concerned with
violations.violations.

Only lawyers can understand the Only lawyers can understand the
significance of Human Rights.significance of Human Rights.

Universal Declaration of Human Rights
History and Current Status
The Universal Declaration of Human Rights (UDHR)
was drafted by the UN Commission on Human Rights
chaired by, then first lady, Eleanor Roosevelt. The
UDHR was adopted by the 56 member nations of the
UN General Assembly on December 10, 1948.
December 10th is celebrated around the world as
International Human Rights Day. The 192 member
states in the U.N., upon membership, agreed to
educate their citizens about the principles of the
UDHR. Most of these countries have incorporated the
principles of the UDHR into their constitutions.
“The UDHR specifies minimal conditions of a
dignified life.”

Human Rights InstrumentsHuman Rights Instruments
Organizations / agreements working for protecting, Organizations / agreements working for protecting,
promoting human Rightspromoting human Rights

International Bill of Human Rights
2 O p t i o n a l P r o t o c o l s t o t h e I C C P R
( M e m b e r n a t i o n s p e r m i t i n d i v i d u a l s o r g r o u p s
t o r e p o r t p e r s o n a l h u m a n r i g h t s v i o l a t i o n s t o t h e
U N H u m a n R i g h t s C o m m i t t e e )
I n t ' l C o v e n a n t o n C i v i l a n d P o l i t i c a l R i g h t s
( I C C P R )
A d o p t e d b y U N G e n e r a l A s s e m b l y i n 1 9 6 6
E n t e r e d i n t o F o r c e i n 1 9 7 6
I n t ' l C o v e n a n t o n E c o n o m i c , S o c i a l a n d C u l t u r a l R i g h t s
( I C E S C )
A d o p t e d b y t h e U N G e n e r a l A s s e m b l y i n 1 9 6 6
E n t e r e d i n t o F o r c e i n 1 9 7 6
U n i v e r s a l D e c l a r a t i o n o f H u m a n R i g h t s
( U D H R )
D e c e m b e r 1 0 , 1 9 4 8

General
Assembly
Security Council
Trusteeship Council
Secretariat
Economic &
Social Council
International Court of World Justice
Commission on Human Rights
International Labour Organization (ILO)
United Nations Children’s Fund (UNICEF)
United Nations Development Fund for Women
United Nations Educational, Scientific & Cultural Organization (UNESCO)
World Health Organization (WHO)

Human Rights InstrumentsHuman Rights Instruments

The UN General AssemblyThe UN General Assembly

The United Nations currently comprises 185 The United Nations currently comprises 185
member statesmember states, all of which belong to the General , all of which belong to the General
Assembly. The General Assembly controls the UN’s Assembly. The General Assembly controls the UN’s
finances, makes non-binding recommendations, and finances, makes non-binding recommendations, and
oversees and elects members of other UN organs. It oversees and elects members of other UN organs. It
is the General Assembly that ultimately votes to is the General Assembly that ultimately votes to
adopt human rights adopt human rights declarationsdeclarations and and
conventionsconventions, which are also called , which are also called treatiestreaties or or
covenantscovenants. For example, in 1948 when the . For example, in 1948 when the UN UN
Commission on Human RightsCommission on Human Rights had completed had completed
its draft of the Universal Declaration of Human its draft of the Universal Declaration of Human
Rights, the General Assembly voted to adopt the Rights, the General Assembly voted to adopt the
document. document.

The UN Commission on Human Rights
The UN Commission on Human RightsThe UN Commission on Human Rights
Although human rights are fundamental to all functions of the UN, human rights issues mainly fall under theAlthough human rights are fundamental to all functions of the UN, human rights issues mainly fall under the
Economic and Social Council (ECOSOC)Economic and Social Council (ECOSOC). Made up of fifty-three member states elected by . Made up of fifty-three member states elected by ECOSOCECOSOC
the the
UN Commission on Human Rights initiates studies and fact-finding missions and discusses specific human UN Commission on Human Rights initiates studies and fact-finding missions and discusses specific human
rights issues. It has responsibility for initiating and drafting human rights declarations and conventions. rights issues. It has responsibility for initiating and drafting human rights declarations and conventions.
ECOSOCECOSOC also supervises also supervises intergovernmental organizations (IGOs)intergovernmental organizations (IGOs), which are specialized agencies , which are specialized agencies
that that
function independently with their own charter, budget, and staff but are affiliated with the UN by special function independently with their own charter, budget, and staff but are affiliated with the UN by special
agreements. agreements. IGOsIGOs report to the report to the ECOSOCECOSOC and may be asked to review reports from certain UN bodies that and may be asked to review reports from certain UN bodies that
are relevant to their area of focus. are relevant to their area of focus.
Some intergovernmental organizations that work to protect human rights include:Some intergovernmental organizations that work to protect human rights include:

International Labor Organization (ILO)International Labor Organization (ILO) – Develops international labor standards and provides technical assistance – Develops international labor standards and provides technical assistance
training to governments. training to governments.

United Nations Children’s Fund (UNICEF)United Nations Children’s Fund (UNICEF) – Works with other UN bodies, governments, and nongovernmental – Works with other UN bodies, governments, and nongovernmental
organizations to provide community-based services in primary healthcare, basic education, and safe water and sanitation organizations to provide community-based services in primary healthcare, basic education, and safe water and sanitation
for children in developing countries. Human rights are fundamental to its programming. for children in developing countries. Human rights are fundamental to its programming.

United Nations Development Fund for Women (UNIFEM)United Nations Development Fund for Women (UNIFEM) – Promotes economic and political empowerment of – Promotes economic and political empowerment of
women in developing countries, working to ensure their participation in development planning and practices, as well as their women in developing countries, working to ensure their participation in development planning and practices, as well as their
human rights. human rights.

United Nations Educational, Scientific, and Cultural Organization (UNESCO)United Nations Educational, Scientific, and Cultural Organization (UNESCO) – Pursues intellectual cooperation – Pursues intellectual cooperation
in education, science, culture, and communications and promotes development through social, cultural, and economic in education, science, culture, and communications and promotes development through social, cultural, and economic
projects. projects.

World Health Organization (WHO)World Health Organization (WHO) – Conducts immunization campaigns, promotes and coordinates research, and – Conducts immunization campaigns, promotes and coordinates research, and
provides technical assistance to countries that are improving their health systems.   provides technical assistance to countries that are improving their health systems.  

Other UN Bodies and Human RightsOther UN Bodies and Human Rights

The The UN Security CouncilUN Security Council, comprising fifteen member states, is responsible, comprising fifteen member states, is responsible

Human Rights InstrumentsHuman Rights Instruments

International Bill of Human Rights International Bill of Human Rights
Human Rights Defenders Human Rights Defenders
Right of self-determination Right of self-determination
Prevention of discrimination Prevention of discrimination
Rights of women Rights of women
Rights of the child Rights of the child
Slavery, servitude, forced labour and similar institutions and Slavery, servitude, forced labour and similar institutions and
practices practices
Human rights in the administration of justice Human rights in the administration of justice

Freedom of information Freedom of information
Freedom of association   Freedom of association  
Employment Employment
Marriage, Family and Youth Marriage, Family and Youth
Social welfare, progress and development Social welfare, progress and development
Right to enjoy culture, international cultural development and Right to enjoy culture, international cultural development and
co-operation co-operation
Nationality, statelessness, asylum and refugees Nationality, statelessness, asylum and refugees
War crimes and crimes against humanity, including genocide War crimes and crimes against humanity, including genocide
Humanitarian lawHumanitarian law

Human Rights SubjectsHuman Rights Subjects
HH
Health / HIV/AIDS Human Health / HIV/AIDS Human
rights / Human rights rights / Human rights
education  / Human rights education  / Human rights
institutions for the institutions for the
protection and promotion protection and promotion
of human rights (National of human rights (National
Institutions) Institutions)
II
Income distribution / Income distribution /
Independence of the Independence of the
judiciary / Indigenous judiciary / Indigenous
people) / populations /people) / populations /
Internally displaced Internally displaced
persons / International persons / International
law and human rightslaw and human rights
JJ
Justice (Administration Justice (Administration
of-)of-)
LL
Labor rights -Employment Labor rights -Employment
Law enforcement Law enforcement
MM
Mercenaries / Migrants /Mercenaries / Migrants /
Minorities Minorities
NN
National human rights /National human rights /
institutions / Nationality institutions / Nationality
&statelessness &statelessness
PP
Poverty Poverty
RR
Racism and racial Racism and racial
discrimination / Refugees / discrimination / Refugees /
Religious intolerance Religious intolerance
Right to development / Right Right to development / Right
to education / Right to food to education / Right to food
SS
Self-determination / Slavery Self-determination / Slavery
Social Forum / States of Social Forum / States of
Emergency / Structural Emergency / Structural
adjustment and foreign debt / adjustment and foreign debt /
Summary or arbitrary Summary or arbitrary
executions executions
TT
Terrorism / Torture Toxic Terrorism / Torture Toxic
waste /Trade and waste /Trade and
Investment /Traditional Investment /Traditional
practices / Traffic in practices / Traffic in
persons  / Transnational persons  / Transnational
corporations  corporations 
WW
War crimes Water (Right to) /War crimes Water (Right to) /
Women Women
XX
Xenophobia (Discrimination) Xenophobia (Discrimination) 
  
EE
Economic, social and Economic, social and
cultural rights / Education cultural rights / Education
(Right to-) / Enhancing (Right to-) / Enhancing
national capacities / national capacities /
Environment / Executions Environment / Executions
(extrajudicial, summary or (extrajudicial, summary or
arbitrary- ) / Exploitation arbitrary- ) / Exploitation
of the prostitution of of the prostitution of
others  / Extreme poverty others  / Extreme poverty 
FF
Fair trial (right to a-) /Fair trial (right to a-) /
Family rights / Food Family rights / Food
(Right (Right
to -) / Forced or bonded to -) / Forced or bonded
labour /  Foreign debt labour /  Foreign debt
(& Structural (& Structural
adjustment) / Forensic adjustment) / Forensic
science (Human science (Human
rights and-) / Freedom of rights and-) / Freedom of
association / Freedom of association / Freedom of
opinion and expression / opinion and expression /
Freedom of Religion and Freedom of Religion and
belief belief
GG
Genocide Girl children /Genocide Girl children /
Globalization / Good Globalization / Good
Governance Governance
AA
Adequate housing /
Administration of
justice / AIDS  /
Arbitrary detention  /
Asylum
B
Biotechnology (&
Human rights ) /
Business & human
rights
C
Capital punishment  /
Children' s rights /
Civil and political
rights /Crimes
against humanity
D
Death penalty
(Capital Punishment)
/Defenders (Human
Rights-) /
Democracy
Development
(Human Rights in-) /
Disability ( & Human
Rights)
Disappearances /
Discrimination (other
forms than racism
and racial
discrimination)

Human Rights Instruments Human Rights Instruments

Human Rights USA
1997 Survey Results

Only 8% of adults and 4% of young people are aware Only 8% of adults and 4% of young people are aware
the Universal Declaration of Human Rights exists.the Universal Declaration of Human Rights exists.

After learning about the UDHR, a large majority, 83%, After learning about the UDHR, a large majority, 83%,
feel that the US should do more to live up to the feel that the US should do more to live up to the
principles of the UDHR.principles of the UDHR.

2/3 of the people polled (63%) say that the poor are 2/3 of the people polled (63%) say that the poor are
usually discriminated against in US.usually discriminated against in US. Others Others
discriminated against: the disabled (61%), the elderly discriminated against: the disabled (61%), the elderly
(54%), gays and lesbians (51%), Native Americans (54%), gays and lesbians (51%), Native Americans
(50%), and African Americans (41%).(50%), and African Americans (41%).

HUMAN RIGHTS EDUCATIONHUMAN RIGHTS EDUCATION

““Human Rights EducationHuman Rights Education is is a meansa means towards social towards social
change; change; aa tooltool to transform the theory and practical to transform the theory and practical
applications into everyday social practice.”applications into everyday social practice.”

““In conflict situations and in peace building, In conflict situations and in peace building, HREHRE must be seen must be seen
to benefit the target populations’ daily lives.”to benefit the target populations’ daily lives.”
“HRE focuses especially on social goals and ideals that “HRE focuses especially on social goals and ideals that
emphasize the dignity of all human beings and the need for emphasize the dignity of all human beings and the need for
laws and institutions that enforce those standards. In so doing, laws and institutions that enforce those standards. In so doing,
HRE contributes directly to the process of building a society HRE contributes directly to the process of building a society
based on freedom, peace and Justice.”based on freedom, peace and Justice.”
Paul Martin, et al.Paul Martin, et al.

“Where, after all do universal rights begin? In small
places, close to home – so close and so small that
they cannot be seen on any maps of the world. Yet
they are the world of the individual person; the
neighborhood he lives in; the school or college
he attends; the factory, farm or office where he
works. Such are the places where every man,
woman, and child seeks equal justice, equal
opportunity, equal dignity without
discrimination. Unless these rights have meaning
there, they have little meaning anywhere. Without
concerted citizen action to uphold them close to home,
we shall look in vain for progress in the larger world.”
Elenor RoosweltElenor Rooswelt

Formal state obligations for each human rightFormal state obligations for each human right
Three obligations of actionThree obligations of action::

RespectRespect

Protect Protect

FulfilFulfil
Four obligations of processFour obligations of process::

Non-discriminationNon-discrimination

Adequate progressAdequate progress

ParticipationParticipation

Effective remedyEffective remedy

Formal state obligations for each human rightFormal state obligations for each human right
Obligation Meaning
RespectRespect The state The state must notmust not interfere directlyinterfere directly with with
people realising their rightspeople realising their rights
Protect The state must stop others from interfering with
people’s rights
FulfilFulfil The state The state must buildmust build the legislation, institutions, the legislation, institutions,
norms to realise the rightnorms to realise the right
Non
discrimination
The state must not discriminate in meeting its
obligations
Adequate progress Progress must occur at a rate that show
commitment
Participation People must be able to participate in realising their
rights
Effective remedy There must be a remedy for violations of obligations

Identifying state obligationsIdentifying state obligations: :
Obligation Right to Education Right to a fair trialRight to a fair trial
Respect Don’t ban children from schoolDon’t imprison without trialDon’t imprison without trial
Protect Tackle household gender biasPrevent bribery of judgesPrevent bribery of judges
Fulfil Build schools, train teachersBuild courts, train judgesBuild courts, train judges
Non-discriminationNo ethnic bias in education
budgets
No racial bias in sentencingNo racial bias in sentencing
Adequate progressRaise enrolments by X% by
2005
Reduce case backlog by XReduce case backlog by X
% by 2006% by 2006
Participation Community role in local
schools
Citizen jury and public Citizen jury and public
accessaccess
Effective remedy Make complaint procedure
accessible
Right of appeal against Right of appeal against
mis-trialmis-trial

Realising rights depends on more than the state

Resources and capacity Resources and capacity

Culture, customs and normsCulture, customs and norms

The strength of civil societyThe strength of civil society

External impacts and pressuresExternal impacts and pressures

Other non state actors…Other non state actors…

People and their rights
The State
Private sector
The media
International
actors
Civil Society

Multi-actor responsibilities: Education in IndiaMulti-actor responsibilities: Education in India
ActorActor ObligationObligation IndicatorIndicator FindingFinding
ParentsParents Must be Must be
willing to willing to
send children send children
to schoolto school
% of parents who % of parents who
think education is think education is
importantimportant
% of enrolment - 89% % of enrolment - 89%
for girls, 98% for boysfor girls, 98% for boys
StateState Must provide Must provide
adequate adequate
facilitiesfacilities
% of schools with % of schools with
poor facilitiespoor facilities
60% leaking roof60% leaking roof
89% no working toilet89% no working toilet
59% no drinking water59% no drinking water
CommunityCommunity Must support Must support
school and school and
teachersteachers
% of schools with % of schools with
community community
meetingsmeetings
In 49% of schools no In 49% of schools no
meeting for over one meeting for over one
yearyear
MediaMedia Must report Must report
neglect of neglect of
basic basic
educationeducation
% of newspaper % of newspaper
articles on topicarticles on topic
In one year:In one year:
8,500 articles on 8,500 articles on
foreign investment foreign investment
2,700 on defence 60 2,700 on defence 60
on rural educationon rural education

What roles can CSO* play ?What roles can CSO* play ?
**Civil Society OrganizationsCivil Society Organizations
ObligationObligation ExampleExample CSO role? Examples…CSO role? Examples…
RespectRespect Don’t imprison Don’t imprison
without trialwithout trial
- Monitor if there is access to lawyer- Monitor if there is access to lawyer
- Raise awareness on rights of - Raise awareness on rights of
detained detained
ProtectProtect Prevent bribery Prevent bribery
of judgesof judges
- Monitor salaries- Monitor salaries
- Research other pressures on judges- Research other pressures on judges
FulfilFulfil Build courts, Build courts,
train judgestrain judges
- Set targets for training of judges- Set targets for training of judges
- Provide human rights training- Provide human rights training
Non Non
discriminationdiscrimination
No racial bias No racial bias
in sentencingin sentencing
- Indicators of ethnic/political bias in - Indicators of ethnic/political bias in
sentencing, highlight in mediasentencing, highlight in media
Adequate Adequate
progressprogress
Reduce backlog Reduce backlog
of casesof cases
- Monitor backlog, - Monitor backlog,
- Set targets for reduction- Set targets for reduction
ParticipationParticipationcitizen jury and citizen jury and
public accesspublic access
- Gain respected voice in legal - Gain respected voice in legal
community, ensure CSOs consultedcommunity, ensure CSOs consulted
Effective Effective
remedyremedy
Right of appeal Right of appeal
against mis-trialagainst mis-trial
- Monitor appeals, lobby cases- Monitor appeals, lobby cases
- Provide legal aid- Provide legal aid