Human Rights, Refugee Law & International Humanitarian Law
Jamia Millia Islamia · LL.B. Semester 5
Unit I — INTRODUCTION
Concept, Origin and Nature of Human Rights · Development of International Human Rights Law: Universal Declaration on Human Rights 1948 (UDHR)-International Covenants on Human Rights-ICCR (International Covenant on Civil and Political Rights)-ICSECR (International Covenant on Social, Economic and Cultural Rights-Islamic Declaration of Human Rights and Comparison with UDHR · International Covenants and Declarations such as on Racial Discrimination, Torture and Inhuman Treatment, Slavery, Enforced Disappearance-Protection of Vulnerable Groups such as Women, Children, Disabled · Right to Development and Regional Human Rights Instruments and Mechanisms, Universalism v. Cultural Relativism Debate.
- Human Rights: Concept, Definition, Evolution, Characteristics, Need, Limitations, Theories of Development of Natural Rights, Theories of Utilitarianism, Idealism, Socialism and Positivism
- First, Second and Third Generation Human Rights: Their Meaning, Historical
- Universality of Human Rights
- The UN Human Rights System and UDHR
- International Covenant on Civil and Political Rights, First Optional Protocol, Second
- Human Rights Protection of Vulnerable Groups The Convention on Elimination of all forms of Discrimination Against Women (CEDAW), 1979
- Regional Arrangements
Unit II — HUMAN RIGHTS IN INDIA
Human Rights in India: Problem and Focus Areas (Violations, Identities and vulnerabilities) · Fundamental Rights and Directive Principles under the Indian Constitution and Human Rights · Role of Indian Judiciary in the Protection and Promotion of Human Rights
Unit III — INSTITUTIONS
National Human Rights Commission-National Commission for Women, Minorities Commission and the Commission for Schedule Caste and Scheduled Tribes · Human Rights Literacy and Human Rights Education · Role and Responsibilities of the Civil Society, NGOs, Media, Law Students & Legal Profession
- The Protection of Human Rights Act, 1993
- National Commission for Women: Constitution, Role and Responsibilities
- National Commission for Minorities: Constitution, Role and Responsibilities
- National Commission for Scheduled Castes: Constitution, Role and Responsibilities
- National Commission for Scheduled Tribes: Constitution, Role and Responsibilities
Unit IV — REFUGEE LAW
Refugee Law: Origin, Definition, Development · Rights and Protections for the Refugees, Vulnerable Groups of Refugees including Women, Children and Victims of Torture-The Principle of Non- Refoulement-Durable Solutions · Internally Displaced Persons: Guiding Principles, Protections and Vulnerabilities · Legal Status of Refugees in India
Unit V — HUMANITARIAN LAW
International Humanitarian Law: Historical Background and Origins and Classification of IHL · IHL as a part of International Law – Sources of Modern IHL – Development of the Geneva Conventions and Additional Protocols · Protection of Defenceless in War: Distinction between Combatant and Non- Combatant-Limitations on Means and Methods of Use of Force-Law of Internal Armed Conflicts · Issues Relating to Implementation of Humanitarian Law