Human Rights Law
Tamil Nadu Dr. Ambedkar Law University · LL.B. Semester 6 · TA6A
Unit I — Human Rights - Origin and Development
Human Rights - Origin and Development General - Origin and development - The middle ages - The Magna Carta - Bill of right - Petition of right - The social contract theory - American Revolution - The French Revolution - Opposition to the concept of natural rights - Universalization of human rights - The Atlantic Charter - Nature, Meaning and Concept of Human Rights - Philosophical approach - Pragmatic approach - Classification of Human Rights - The right to self determination - The right to development - The right to peace - Interdependence of three categories of Human Rights - Right to information.
- 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
- First, Second and Third Generation Human Rights: Their Meaning, Historical
- Human Rights in Western tradition, Normative Foundation of International Human Rights
- The American Declaration of Independence and the Bill of Rights & the French
Unit II — The United Nations and Human Rights
The United Nations and Human Rights United Nations Charter based institutions - Centre for Human Rights United Nations specialized agencies - Origin and preparation of international bill of Human Rights - Adoption of the International Covenants on Human Rights and Protocols thereto - Universal declaration of Human Rights - International covenant on economic, social and cultural rights - International covenant on civil and political rights - Instrumentality of enforcement of the covenants.
Unit III — Civil and Political Rights - International Instruments
Civil and Political Rights - International Instruments - Part- Ill of the Constitution of India A. The right to life, liberty and security of person - Provision of the United Nations Instruments - Right to life does not include right to die - Meaning and content of personal liberty in Article 21 - Second optional protocol to the international covenant on civil and political rights - Problem of extralegal execution - Provisions of Human Rights Instruments - Constitution and Powers of Designated Court - Procedure and power of the Designated Court - Power to grant bill - Maintainability of Writ Petition in High Court - The Nuclear Arms Race and Right to life and liberty. B. Abolition of slavery and slavery-life practice - Abolition of certain types - forced or compulsory - Provisions of the United Nations Instruments - ILO Forced Labour Convention 1930 and 1957 - Exploitation of Children: Article 24 of the Constitution. C. Protection against torture and other forms of cruelty inhuman or degrading treatment or punishment -Constitution of the committee against torture - Protection of prisoners in India. D. Protection against arbitrary arrest and detention - Provisions of International Human Rights Instruments - Indian Constitution - Right to be produced before a Magistrate within 24 hours of his arrest - Right not to be detained beyond twenty four hours without the authority of Magistrate - Prevention detention - Communication of the grounds of detention - Detenu’s right of representation - Subjective satisfaction of the detaining authority. E. Freedom of thought, Conscience and Religion or Belief Provisions of the United Nations Instruments -Conscientious objection to military service - Conscientious objection to military or police service which were used to enforce apartheid - Elimination of intolerance and discrimination based on religion or belief - Freedom to manage religious affairs. F. Freedom of association including trade union rights - Provisions of the United Nations Human Rights Instruments. - The International Covenant on Civil and Political Rights - The Convention on the right of the child - Provisions of ILO Instruments - Scope of right to form association - Freedom to form association vis-a-vis armed forces and police - reasonable restrictions. G. The right of everyone to take part in the Government of his country - Right to vote - Right to contest election - Election Commission - Representation of the People’s Act -Elections to Local self-Government. H. Human Rights in the administration of Justice - United Nations standards and norms - Strategies for effective implementations - Guidelines on the role of prosecutions - Declaration of basic principles of justice for victims of crime and abuse of power - Equality before the law and equal protection of laws - Prohibition of discrimination on certain grounds - Prohibition of discrimination in the matter of public employment - Gender equality in the matter of public appointment - Equal pay for equal work - Exceptions to the rule of equal opportunity in the matter of public employment - Enabling provisions for weaker section of the society - Special provisions, for women and children - Special provisions for advancement of socially and educationally backward classes and Scheduled case and Scheduled tribes. I. The right of everyone to leave any country including his own and to return to his country - Externment orders an freedom of movement - Deportation of Indian citizens - Police surveillance - The inalienable right of all displaced inhabitants to return to their homes.
Unit IV — Social, Economic and Cultural Rights - International
Social, Economic and Cultural Rights - International Instruments A. Right to work - Provisions on ILO Instruments International Covenants - The declaration of elimination of discrimination against women. B. Right to education - UNESCO - Conventions - Educational rights of women and children. C. Right to health - WHO - Global Strategy - Health and women and children - Vulnerable groups - International Instruments - World Medical Association - Declaration of Helsinki - CIOMS : Proposed International Guidelines for Bio-Medical research involving human subjects - Council of Europe :Recommendation No. R(90) 3 concerning Medical Research on human beings. D. Right to culture - Declaration of the principles of cultural co- operation - UNESCO recommendations. E. Right of family - Fractured societies.
Unit V — Human Rights and Vulnerable Groups
Human Rights and Vulnerable Groups A. Rights of women - Objective equality - UN Development Fund for Women - World Conferences on Women - Nairobi Strategy. B. Rights of the Child - 1959 Declaration - UN Children’s Fund - UNICEF - Convention of right of the child - Right against exploitation -1990 Declaration. C. Rights of the Disabled persons - Mentally retarded persons - Aged persons etc. D. Rights of Minorities - National, ethnic, religious, linguistic etc.
Unit VI — Enforcement of Human Rights- Adjudication and
Enforcement of Human Rights- Adjudication and Enforcement A. How and by whom are human rights violations identified - By whom and how are human rights cases judged (1) Global level (2) Regional level (UN: Africa) and (3) Country level. B. By whom and how are decisions and judgements about human rights enforced - National sovereignty: The ultimate issue. C. Inter-state complaint-mechanism and individual complaint mechanism. D. European Court of Human Rights - Jurisdiction - Procedure etc. E. Human Rights Act, 1993 - National Human Rights Commission - India - Powers, Functions, Officers, Staff etc.
Unit VII — International Humanitarian Law
International Humanitarian Law Origin and development of International Humanitarian Law - Geneva Conventions - Defenseless persons, wounded, sick, medical personnel etc. - Repatriation - Prisoners of War - International armed conflicts - Obstacles.
Unit VIII — Refugee Law
Refugee Law Origin and development - Rights, responsibilities of refugees - Juridical status - UNRWA and UNHCR - Legal status of refugees in India - Resettlement.