Human Rights Law and Practice

University of Calcutta · LL.B. Semester 8

Unit 1 — Theoretical Foundations of Human Rights Law

Theoretical Foundations of Human Rights Law- Definition, International and Indian developments, Ancient, Medieval, British and Post Independence Indian Perspective Theories of Human Rights Law- Theories Based on Natural Rights- Theory Based on Equality of Respect and Concern- Theories Based on Human Dignity- John Rawls's Theory of Justice and Its Application to Human Rights Law- Amartya Sen's Theory of Human Rights

Unit 2 — International Bill of Human Rights

International Bill of Human Rights- Formulation of International Bill of Human Rights- 1948 Universal Declaration of Human Rights- 1966 Covenants on Civil and Political Rights- Economic, Social and Cultural Rights- Relationship between the Two Sets of Rights: ICCPR and ICESCR- First, Second and Third Generations of Human Rights- Reservations on Human Rights treaties and Indian Practice

Unit 3 — Human Rights Law and Protection Against Inhuman Wrongs

Human Rights Law and Protection Against Inhuman Wrongs- Genocide, Apartheid, and Prevention of Torture and Other Inhuman Treatment and Punishment, Elimination of Racial Discrimination- Abolition of Slavery and Slave Trade- Abolition of Death Penalty

Unit 4 — Human Rights in Indian Constitutional Law Rights Recognised in the International Covenants

Human Rights in Indian Constitutional Law Rights Recognised in the International Covenants- 1966 ICESCR-1966 ICCPR- Rights Recognised in the Constitution of India: Whether Judicially Enforceable or Judicially Cognizable?-Enforcement of Human Rights by the High Courts and Apex Court in India

Unit 5 — Human Rights Law and Protection of Women and Children

Human Rights Law and Protection of Women and Children- Gender Neutral Human Rights Law in Women's Perspective- Elimination of Discrimination against Women- Gender Specific Human Rights Law Prevention of Sexual Harassment of Women at Workplace-Protection of Children under International and Indian Human Rights Law

Unit 6 — Human Rights Law and Protection of Persons with Disabilities

Human Rights Law and Protection of Persons with Disabilities- Magnitude of Disability in Human Rights Perspective-Different Approaches: Religious Approach, Charitable Approach, Medical Approach, Social Relations Approach, Human Rights Approach- United Nations Convention on the Rights of Persons with Disabilities -Rights of Persons with Disabilities in India

Unit 7 — Human Rights Law and Protection of Indigenous Peoples

Human Rights Law and Protection of Indigenous Peoples- Discrimination against Indigenous Peoples- Development of the Rights of Indigenous Peoples at International Level- Right of Self-determination of Indigenous Pesples-Rights Elaborating the Contents of Self-determination- Rights of Indigenous Peoples under the Constitution of India- Fifth and Sixth Schedule

Unit 8 — Protection of Human Rights Act 1993

Protection of Human Rights Act 1993- Human Rights Commissions-Structure, Functions and Powers and their Role in Protecting Human Rights-Human Rights Courts · The above issues are to be studied with special reference to the aforementioned international instruments, the Protection of Human Rights Act 1993, and relevant case laws on the subject.