Human Rights (Optional Paper 2)

Hidayatullah National Law University · LL.B. Semester 7 · --

Unit I — PHILOPHICAL FOUNDATIONS OF HUMAN RIGHTS

Definition of Human Rights · Theories and Justification of Human Rights · The Generations and forms of Human Rights · Human rights from Birth v. Foetal Rights, Human rights of Dead. · Criticisms of Human Rights.

Unit II — EVOLUTION OF HUMAN RIGHTS IN THE WESTERN WORLD: HISTORICAL MILESTONES

The Medieval Natural Law Tradition; The Magna Carta, 1215. Age of Enlightenment and The English Bill of Rights, 1689. The American Revolution and the US Constitution and Bill of Rights, 1791. The French Revolutions, and The French Declaration on the Rights of Man and Citizen, 1789. · World War -1, League of Nations and its failure; Birth of International Labour Organisation, 1919 and its functions. · World War 2 and the Birth of United Nations 1945. · Post-modernism and Human Rights. Relevan (a) The Magna Carta (1215). t Law (b) The English Bill of Rights (1689). (c) The French Declaration on the Rights of Man and Citizen (1789). (d) The U.S. Constitution and Bill of Rights (1791). (e) International Labour Organization (ILO) (1919). (f) Charter of the United Nations (1945). (g) Universal Declaration of Human Rights (UDHR), (1948).

Unit III — UNITED NATIONS AND HUMAN RIGHTS

Establishment of United Nations Organisation and its fundamental principles · UN Charter, its Preamble and other provisions relevant for Human Rights protection · International Bill of Human Rights o Universal Declaration of Human Rights, 1948. o International Covenant on Civil and Political Rights, 1966. o International Covenant on Economic, Social and Cultural Rights, 1966. o First Optional Protocol to the ICCPR on Individual Complaint Mechanism, 1967. o Second Optional Protocol to the ICCPR , aiming at the abolition of the death penalty, 1991. o Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 2008. · UN Charter Organs And Monitoring Mechanisms o General Assembly, Security Council, Economic and Social Council, International Court of Justice, Secretariat, Trusteeship Council o Commission on Human Rights / Human Rights Council; Special Procedures, Universal Periodic Review, Independent Investigations and other subsidiary bodies o Sub-Commission on the Promotion and Protection of Human Rights o Commission on the Status of Women o Office of UN High Commissioner for Human Rights · UN Treaty Organs And Monitoring Mechanisms o Committee on the Elimination of Racial Discrimination under the Convention on the Elimination of All Forms of Racial Discrimination, 1969. o Committee on Economic, Social and Cultural Rights under the International Covenant on Economic, Social and Cultural Rights, 1966. o Human Rights Committee under the International Covenant on Civil and Political Rights, 1966. o Committee on the Elimination of Discrimination Against Women under the Convention on the Elimination of All Forms of Discrimination against Women, 1979. o Committee Against Torture under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984. o Committee on the Rights of the Child under the Convention on the Rights of the Child, 1989. o Committee on Migrant Workers under the International Convention on the Protection of the Rights of all Migrant Workers, 1990. o Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment under the Optional Protocol to the Convention Against Torture, 2002. o Committee on the Rights of Persons with Disability under the Convention on the Rights of Persons with Disabilities, 2007. o Committee on Enforced Disappearances under the International Convention for the Protection of All Persons From Enforced Disappearance, 2007.

Unit IV — REGIONAL SYSTEM FOR PROTECTION OF HUMAN RIGHTS

European Human Rights System · African Human Rights System · Inter-American Human Rights System · Arab Charter on Human Rights · Cairo Declaration on Human Rights in Islam and OIC Declaration on Human Rights (2020)

Unit V — HUMAN RIGHTS IN CONTEMPORARY INDIA

Indian Constitution and Human Rights o Provisions of the Indian Constitution o Application of International Human Rights Law in India o Role of Indian Judiciary in protection of Human Rights · The Protection of Human Rights Act, 1993 o NHRC, SHRC, Human Rights Courts · Other Institutional Frameworks in India (National Commissions)-Salient Features o NCW, NCPCR, NCM, NCSC, NCST

Unit VI — CONTEMPORARY CHALLENGES TO HUMAN RIGHTS

Human Rights Of Vulnerable Groups: Disabled, Children, Women, Scheduled Castes and Tribes, Migrants, Older Peoplem, LGBTQ+ · Environment and Human Rights · Trade and Economic Rights vis-à-vis Human Rights / IPR and Human Rights · Artificial Intelligence and Human Rights · Terrorism and Human Rights