Human Rights Law and Practice
Savitribai Phule Pune University · LL.B. Semester 4 · LDSE 0805
Unit 1 — Introduction
1. Historical origins of Human Rights in International and National Scenario -Nature and an overview · 2. Basic Components of Human rights – Value, Dignity, Equality, Justice, Morals and Ethics and Significance · 3. Perspectives on Rights and Duties – Relationship between Rights and Duties · 4. Provisions under the Charter of UN – Preamble, Articles 1(3), 13(1)(b), 55 and 56 · 5. International Bill of Human Rights (UDHR, ICCPR, ICESCR) - Nature and significance · 6. Introduction to generation of Human Rights
- Human Rights: Concept, Definition, Evolution, Characteristics, Need, Limitations, Theories of Development of Natural Rights, Theories of Utilitarianism, Idealism, Socialism and Positivism
- Human Rights in India, the tradition of Human Rights in Indian context: ancient, medieval and modern
- Human Rights in Western tradition, Normative Foundation of International Human Rights
- The American Declaration of Independence and the Bill of Rights & the French
- The UN Human Rights System and UDHR
- First, Second and Third Generation Human Rights: Their Meaning, Historical
Unit 2 — First Generation Human Rights
1. The Civil and Political Rights – ICCPR, Part III of the Constitution of India and Landmark Cases : · 2. Civil Rights: Freedom of Opinion - Freedom of Expression and Press, · 3. Right to Personal Security in relation to justice and police, Equality before · 4. Law, Right to Life and Liberty, Right to Privacy, Right to Religion · 5. Political Rights: Equal access to Public, Participation in Governance, Right to Vote and Good Governance
Unit 3 — Second Generation Human Rights
1. The Economic, Social and Cultural Rights: ICESCR, Part IV of the Constitution of India and Landmark Cases: · 2. Economic and Social Rights: Labour Rights, Right to Property, Right to Education, Freedom of Association, Right to Social Security (Pension, Medical Services - Right to insurance for sickness, old age – Unemployment allowance etc.) · 3. Cultural Rights: Right to develop Languages, Right to follow Customs, Folkways, Literature, and Traditions, Right to enjoy Scientific and Technological benefits
Unit 4 — Third And Fourth Generation Human Rights
1. Group Rights (Third Generation Rights): Right to Development, Right to Self-determination, Right to Peace and Happiness, Right to Safe and Decent Environment, Right to Human Assistance, Right to Adequate Food, Right to water - Landmark Cases · 2. Right to Genetic Engineering (Fourth Generation Rights): Right to Protect · 3. Human Genome against unethical and unfair exploitation of genetic information (The UNESCO Declaration on Human Genome from 1997), Right to Genetic Identity, Right to impose restrictions on medical (Scientific and Technology) interference, Right to Die in Peace and Dignity, Right to Life of the Unborn (with reference to abortion and infanticide). Relationship of Science & Technology and Human Rights
Unit 5 — Human Rights of Vulnerable and Disadvantaged Groups:
1. Meaning and Definition of Vulnerable and Disadvantaged Groups · 2. Social and Economic Status of Women and Children · 3. Status of Socially and Economically Disadvantaged groups - Rights of Indigenous People (Scheduled Tribes), Scheduled Caste, Minorities, Aged and Disabled · 4. Vulnerable Groups - Sex Workers, Domestic Workers, Stateless Persons, Migrant Workers, HIV/AIDS patients, LGBTQ and Prisoners
Unit 6 — Enforcement Mechanism of International Human Rights - Constitution
1. Powers and Functions: The Human Rights Committee under ICCPR · 2. The Committee on Economic, Social and Cultural Rights under ICESCR · 3. The Committee on Elimination of Discrimination Against Women under CEDAW · 4. The Committee on the Rights of the Child under CRC · 5. Role of Human Rights Council and Office of the High Commissioner for Human Rights
Unit 7 — Human Rights Enforcement In India :
1. The Protection of Human Rights Act, 1993 – Object, Nature, Scheme, Definitions, Landmark cases · 2. Constitution, Powers and Functions of - · a) National Human Rights Commission · b) National Commission for Women · c) National Commission for Protection of Child Rights · d) National Commissions for Scheduled Castes, Scheduled Tribes, Minorities and other disadvantaged groups · 3. Role of Judiciary in Enforcement of Human Rights
- 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
- Role of Judiciary in Protection of Human Rights in India
Unit 8 — Significance Of Human Rights Education :
1. Meaning and Definition of Human Rights Education · 2. Role of UN in the Promotion of Human Rights Education · 3. Role of Government of India in the Promotion of Human Rights Education- UGC and Universities