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HUMAN RIGHTS IN INDIA, LAW,POLICY, SOCIETY AND
ENFORCEMENT MECHANISM
PUMBA, MBA II
Gp Capt MS Deshpande (Retd)
LECTURE I
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What are human rights?
Human rights are rights inherent to all human beings,whatever our nationality, place of residence, sex,
national or ethnic origin, colour, religion, language, orany other status.
We are all equally entitled to our human rights withoutdiscrimination. These rights are all interrelated,interdependent and indivisible.
Universal human rights are often expressed andguaranteed by law, in the forms of treaties, customaryinternational law , general principles and other sourcesof international law.
International human rights law lays down obligations ofGovernments to act in certain ways or to refrain fromcertain acts, in order to promote and protect humanrights and fundamental freedoms of individuals orgroups.
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Human Rights Campaigns Corporate Equality Index
Accenture Ltd.
Jorge Benitez, Chief Executive, North America
"At Accenture, we take the broadest possible view of inclusion anddiversity and know everyone brings distinct experiences, talentsand perspectives to their work.
Accenture is proud of achieving a score of 100% on the HumanRights Campaigns Corporate Equality Index for the fifth consecutive
year. And we are proud to join the many other companies aroundthe world working to cultivate a diverse workforce.
Ameriprise Financial Inc. Rafael Gutierrez, Vice President of Diversity
Providing an inclusive environment isnt just the right thing to do,
it also makes business sense. Our business is built on relationshipsand on meeting the unique needs of our clients.
Diversity enriches our corporate culture and helps us deliver theinnovative ideas and financial solutions that make a difference inpeoples lives.
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World Conference on Human Rights
In order to restore the confidence of people acrossvarious communities, and to reassure the concepts oflife, liberty, equality, peace and security,
the international community in 1993 at the World
Conference on Human Rights at Vienna laid emphasison imparting the noble principles of human rightsthrough education.
Accordingly, in1995, the General Assembly adopted aresolution, and declared the period 1995-2004 as theDecade of Human Rights Education followed by thepresent decade 2005-2014 as the Decade of Education
for Sustainable Development.
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PREAMBLE
WE THE PEOPLES OF THE UNITED NATIONS DETERMINED: to save succeeding generations from the scourge of war,
which twice in our lifetime has brought untold sorrow tomankind, and
to reaffirm faith in fundamental human rights, in the dignity
and worth of the human person, in the equal rights of menand women and of nations large and small, and
to establish conditions under which justice and respect forthe obligations arising from treaties and other sources of
international law can be maintained, and to promote social progress and better standards of life in
larger freedom,
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AND FOR THESE ENDS
to practice tolerance and live together in peace with
one another as good neighbours, and to unite our strength to maintain international peace
and security, and
To ensure that armed force shall not be used, save inthe common interest (UN Peeace Keeping Force),
and
to employ international machinery(UNESCO, ILO, ICJ)
for the promotion of the economic and socialadvancement of all peoples,
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Significance of Value: BASIC CONCEPTS
Value in general is a part of philosophy. Philosophy
deals with the basic problems of mankind. it deals with issues such as life, existence,
knowledge, values, reasons, mind, and language.
Basing on the parameters of value other aspects
developed to regulate the behavioral patterns ofman.
values such as dignity, liberty, equality, justice,ethics, and morals et.al., have had theirsignificant impact to shape the human relations in asociety. (as against materialism, consumerism,capitalism, communism, monarchy, autocracy,democracy, secularism etc)
These philosophical concepts have a profound
impact on law.
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develop a rational human mind
The main aim and function of Law in any society isto regulate the relations between men and toalleviate the intensity of conflicts ; (Fortune at theBottom of Pyramid by CK Prahlad)
to promote peace, security, good and orderlybehaviour of mankind to establish a conflict freesociety. (what about corporate wars?)
This in turn will help to analyze each issue and laynorms to develop a rational human mind to achievemaximum results in their inter-relationships witheach other.
Di i
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Dignity Dignity is a relative term with regulatory nature. It
prescribes the norms and ethical standards needs to be
followed and adopted. Ex: Marathi speaking In the day to day inter-relationships, individuals are
expected to behave with one another in a dignified and
honest manner.
This concept dictates that every one of us has toexercise due caution and care in our relations without
undermining the capacities of other persons.
it teaches us not to create a situation wherein others
are made to undergo either emotional, psychological,
physical, tense situations, or to harm their personality.
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Liberty This concept has its roots in the political
philosophy. A number of philosophers like,Hobbes, Locke, Rousseau, and many more havearticulated Liberty in a different contexts.
In simple terms, liberty means, human beings are
free to regulate their relations, and are able togovern their relations, behave at their own will,and be responsible for their acts.
Ex: Land acquisitionliberty by rulers and theirDuty
The concept of liberty is centred roundresponsibility or duty.
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Equality Equality is another important component of human
rights. In general, equality proposes to bring in all the people
to one category(?), and apply the principles of law, andjustice without any distinction, whatsoever it may beamong the individuals.
The aim of the Universal Declaration of Human Rightsand the Constitutions of the various countries are totreat all the people on an equal footing without anykind of discrimination.
Equality through concessions: In order to uplift thepeople who are not equal, they need to be givencertain concessions and facilities to improve theirstatus and to reach the equal status with that of other
who are on a high pedestal
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Justice
Justice in simple terms may be defined as
righteousness, fairness and to be treated on justand equitable grounds.
To achieve perfect justice, it lays its emphasis onother concepts of equality, morality and ethics
hi d l h l i h
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Ethics and Morals to help Human rights However, there exists a subtle difference between
these two.
Morals deal with the personal character of anindividual. (Charitra)
Ethics lays its importance on a social system, whichregulates the code of conduct of a group ofindividuals. (Naitikta)
Morals need to be applied in each society dependingon the values that are acceptable by a society.
From the perspective of human rights, the concept offreedom and liberty being basic principles forms part
ofmoral principles. The concept of Justice, Equalityand the participation of individuals in the socio-cultural aspects of the community are ethical aspects.
Accordingly, every human being in a society isresponsible at all times to strive to achieve humanrights as a moral or ethical subject of society.
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Goodness is the highest of value: Corporate
Leadership
The standard, which makes one to differentiategood from bad or right from wrong, is a value.
Ethics with reference to human rights presupposes
freedom as a necessary pre-condition.
A free man can take his decision of action and such
a decision can be evaluated as good or bad, right or
wrong, proper or improper.
Goodness is of highest value. Goodness is
objective, universal and rational. Some basic values
are: courage, tolerance, benevolence, kindness,
friendship.
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Unity in Diversity
Unity in diversity in general means, people of
different backgrounds basing on their socio-economical, politico-cultural perspectives haveto live like a single family. Ex: Break up ofYugoslavia
This means, the different faiths and charactersthat people posses have to live in a compatiblemanner under a single legal roof governed by aState.
The same is applicable to people around theworld, and the nation-states learn to live as onecommunity.
This being the main aim of international law toestablish a one world concept, it had given birth
to human rights.
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The United Nations Commission on
Human Rights (UNCHR) The United Nations Commission on Human Rights
(UNCHR) was a functional commission within the overallframework of the United Nations from 1946 until it wasreplaced by the United Nations Human Rights Council in2006. It was a subsidiary body of the UN Economic and
Social Council (ECOSOC), and was also assisted in its workby the Office of the United Nations High Commissioner forHuman Rights (UNHCHR).
It was the UN's principal mechanism and internationalforum concerned with the promotion and protection of
human rights. On 15 March 2006, the UN General Assembly voted
overwhelmingly to replace UNCHR with the UN HumanRights Council.
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The body went through two distinct phases
From 1947 to 1967 & post 1967
Phase I: From 1947 to 1967, it followed the policy ofabsenteeism, which meant that the Commission wouldconcentrate on promoting human rights and helpingstates elaborate treaties, but not on investigating or
condemning violators. It was a period of strictobservance of the sovereignty principle.
Phase II: In 1967, the Commission adoptedinterventionism as its policy. The context of the decadewas ofdecolonization of Africa and Asia, and many
countries of the continent pressed for a more activeUN policy on human rights issues, especially in light ofmassive violations in apartheidSouth Africa. The newpolicy meant that the Commission would alsoinvestigate and produce reports on violations.
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Travesty of UNCHR
To allow better fulfillment of this new policy, other changestook place.
In the 1970s, the possibility of geographically-orientedworkgroups was created. These groups would specializetheir activities on the investigation of violations on a given
region or even a single country, as was the case with Chile. With the 1980s came the creation of theme-oriented
workgroups, which would specialize in specific types ofabuses.
None of these measures, however, were able to make the
Commission as effective as desired, mainly because of thepresence ofhuman rights violators and the politicizationof the body.
During the following years until its extinction, the UNCHRbecame increasingly discredited among activists and
governments alike.
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Objectives of Human Rights Education Human Rights Education promotes respect for human
rights of all individuals. It develops the knowledge, skills, and values of human
rights.
It develops the socio-psychological, human personality.
It helps people and policy makers to evolve the waysand means to overcome the problems of each nationand that of the International Community.
It helps to foster understanding, tolerance, gender
equality and
Develops friendship among all nations and eliminatesracial, ethnic, religious,and linguistic differences.
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odels developed to impart values of human rights education
A number of models are developed to impart the above values of humanrights education. Among the various models, the following threeconsidered as the vital ones, to achieve the aims and objectives of humanrights.
1. Values and Awareness Model:
This model focuses on transmitting basic knowledge of human rights andto foster the integration into public values through a curriculum ofeducational institutions.
2. Accountability Model:
This model focuses on the ways in which professional responsibilities toinculcate directly monitoring human rights violations and advocating theauthorities to protect the rights of the people.
3. Transformational Model:
This model aims to empower the individuals in order to recognize theabuses of human rights and their prevention.
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Rights and protections accorded to
human rights defenders
The Declaration provides specific protectionsto human rights defenders,
including the rights:
To seek the protection and realization of humanrights at the national and international levels;
To conduct human rights work individually and inassociation with others;
To form associations and non-governmentalorganizations;
To meet or assemble peacefully;
Th D ti f St t
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The Duties of States
Each State has a responsibility and duty:
To protect, promote and implement all human rights; To ensure that all persons under its jurisdiction are able to enjoy all social,
economic, political and other rights and freedoms in practice;
To adopt such legislative, administrative and other steps as may be
necessary to ensure effective implementation of rights and
freedoms;
To provide an effective remedy for persons who claim to have been victims
of a human rights violation;
To conduct prompt and impartial investigations of alleged violations of
human rights; To take all necessary measures to ensure the protection of everyone against
any violence, threats, retaliation, adverse discrimination, pressure or any
other arbitrary action as a consequence of his or her legitimate exercise of
the rights referred to, in the Declaration;
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The Duties of States
To promote public understanding of civil, political,
economic, social and cultural rights;
To ensure and support the creation and development
of independent national institutions for thepromotion and protection of human rights, such as:
Ombudsmen or Human Rights Commissions;
To promote and facilitate the teaching of human rights atall levels of formal education and professional training.
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Impact of Duty on thestate
Every individual has duties towards the society or state.
According to the Universal Declaration of HumanRights, the duties of each person towards the State are:
To obey the law and other legal commands of the stateand its agencies in a country.
To render the services in civil and military affairs wheneverrequired by the state for its defense.
To cooperate with the state and the community withrespect to social security and welfare to the extentpossible.
To pay the taxes established by law for public purposes. To Protect the property and culture of the state.
Not to discriminate or advocate anything on communal,linguistic and religious
or any other ground that affect the liberty of other
individuals.
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Structure The members of the General Assembly elect the members
who occupy the UNHRC's forty-seven seats. The termof each seat is three years, and no member may occupy aseat for more than two consecutive terms. The seats aredistributed among the UN's regional groups as follows:
The previous CHR had a membership of 53 elected by theEconomic and Social Council (ECOSOC) through a majorityof those present and voting.
Members of the Council undergo a new universal reviewmechanism during their term of membership.
The General Assembly can suspend the rights and privilegesof any Council member that it decides has persistentlycommitted gross and systematic violations of human rightsduring its term of membership.
The suspension process requires a two-thirds majority vote
by the General Assembly.
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Regional Distribution of members of the United Nations
Human Rights Council
Members of the UNHRC are elected tostaggered three-year terms. The first election
of members was held on 9 May 2006.[8] The
current members are the following:
African States (13)Asian States (13)Eastern
European States (6)Latin American &Caribbean States (8)Western European &
Other States
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Universal Periodic Review,Advisory Committee,
special procedures
The Universal Periodic Review will assess the humanrights situations in all 192 UN Member States.
Another element is anAdvisory Committee, whichserves as the UNHRCs think tank, and provides it withexpertise and advice on thematic human rights issues,that is, issues which pertain to all parts of the world.
The Commission on Human Rights established 30special procedures, or mechanisms, to address specificcountry situations or thematic issues such as freedomof expression and opinion, torture, the right to food,
and the right to education
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Universal Declaration of Human
Rights:Preamble
Whereas recognition of the inherent dignity and of theequal and inalienable rights of all members of thehuman family is the foundation of freedom, justice andpeace in the world,
Whereas disregard and contempt for human rightshave resulted in barbarous acts which have outragedthe conscience of mankind, and the advent of a world
in which human beings shall enjoy freedom of speech
and belief and freedom from fear and want, has beenproclaimed as the highest aspiration of the commonpeople,
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United Nations and the Charter
Whereas the peoples of the United Nations
have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and
worth of the human person
Keeping this Declaration constantly in mind,
shall strive by teaching and education to
promote respect for these rights
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Millennium Goals adopted by UN at
the end of the Millennium in 2000
Goal: 1 Eradicate Extreme Hunger and Poverty
Goal: 2 Achieve Universal Primary Education
Goal: 3 Promote Gender Equality and Women
Empowerment
Goal: 4 Reduce Child Mortality
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Goal: 6 Combat HIV/AIDS, Malaria and other
diseases
Goal: 5 Improve Maternal Health
Goal: 7 Ensure Environmental Sustainability
Goal: 8 Develop Global partnerships for
Development
Millennium Goals adopted at the end
of the Millennium in 2000
UDHR: UN ARTICLES
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UDHR: UN ARTICLES
Article I
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience andshould act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forthin this Declaration, without distinction of any kind, such asrace, colour, sex, language, religion, political or otheropinion, national or social origin, property, birth or otherstatus.
Furthermore, no distinction shall be made on the basis ofthe political, jurisdictional or international status of thecountry or territory to which a person belongs, whether itbe independent, trust, non-self-governing or under anyother limitation of sovereignty.
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Article 3
Everyone has the right to life, liberty and securityof person.
Article 4
No one shall be held in slavery or servitude;slavery and the slave trade shall be prohibited inall their forms.
Article 5 No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment.
UDHR: UN ARTICLES
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Article 6
Everyone has the right to recognition everywhere as aperson before the law.
Article 7
All are equal before the law and are entitled without anydiscrimination to equal protection of the law. All are
entitled to equal protection against any discrimination inviolation of this Declaration and against any incitement tosuch discrimination.
Article 8
Everyone has the right to an effective remedy by the
competent national tribunals for acts violating thefundamental rights granted him
Article 9
No one shall be subjected to arbitrary arrest, detention orexile by the constitution or by law.
UDHR: UN ARTICLES
UDHR: UN ARTICLES
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Article 10
Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in thedetermination of his rights and obligations and of any criminal
charge against him.
Article 11
1. Everyone charged with a penal offence has the right to bepresumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary
for his defence.
2. No one shall be held guilty ofany penal offence on account
of any act or omission which did not constitute a penal
offence, under national or international law, at the time when
it was committed. Nor shall a heavier penalty be imposed
than the one that was applicable at the time the penal
offence was committed.
UDHR: UN ARTICLES
UDHR: UN ARTICLES
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Article 12
No one shall be subjected to arbitrary interference with hisprivacy, family, home or correspondence, nor to attacks
upon his honour and reputation. Everyone has the right tothe protection of the law against such interference orattacks.
Article 13
1. Everyone has the right to freedom of movement andresidence within the borders of each State.
2. Everyone has the right to leave any country, including hisown, and to return to his country.
Article 14
1. Everyone has the right to seek and to enjoy in othercountries asylum from persecution.
2. This right may not be invoked in the case of prosecutionsgenuinely arising from non-political crimes or from actscontrary to the purposes and principles of the United
Nations.
UDHR: UN ARTICLES
UDHR UN ARTICLES
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Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied theright to change his nationality.
Article 16
1. Men and women of full age, without any limitation due to race,nationality or religion, have the right to marry and to found a family. Theyare entitled to equal rights as to marriage, during marriage and at its
dissolution. 2. Marriage shall be entered into only with the free and full consent of the
intending spouses.
3. The family is the natural and fundamental group unit of society and isentitled to protection by society and the State.
Article 17
1. Everyone has the right to own property alone as well as in associationwith others.
2. No one shall be arbitrarily deprived of his property.
UDHR: UN ARTICLES
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Article 18
Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion orbelief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without
interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers. Article 20
1. Everyone has the right to freedom of peaceful assembly
and association.
2. No one may be compelled to belong to an association.
UDHR: UN ARTICLES
A ti l 21
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Article 21
1. Everyone has the right to take part in the government of hiscountry, directly or through freely chosen representatives.
2. Everyone has the right to equal access to public service in his
country.3. The will of the people shall be the basis of the authority of
government;
this will shall be expressed in periodic and genuine elections whichshall be by universal and equal suffrage and shall be held by secretvote or by equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social securityand is entitled to realization, through national effort andinternational co-operation and in accordance with the
organization and resources of each State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.
Article 23
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Article 23
1. Everyone has the right to work, to free choice ofemployment, to just and favourable conditions of workand to protection against unemployment.
2. Everyone, without any discrimination, has the rightto equal pay for equal work.
3. Everyone who works has the right to just andfavourable remuneration ensuring for himself and his
family an existence worthy of human dignity, andsupplemented, if necessary, by other means of socialprotection.
4. Everyone has the right to form and to join tradeunions for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, includingreasonable limitation of working hours and periodicholidays with pay.
Article 25
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Article 25 1. Everyone has the right to a standard of living adequate
for the health and well-being of himself and of his family,including food, clothing, housing and medical care andnecessary social services, and the right to security in theevent of unemployment, sickness, disability, widowhood,old age or other lack of livelihood in circumstances beyondhis control.
2. Motherhood and childhood are entitled to special careand assistance. All children, whether born in or out ofwedlock, shall enjoy the same social protection.
Article 26 1. Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Technical andprofessional education shall be made generally availableand higher education shall be equally accessible to all onthe basis of merit.
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Article 27
1. Everyone has the right freely to participate in
the cultural life of the community, to enjoy thearts and to share in scientific advancement and
its benefits.
2. Everyone has the right to the protection of the
moral and material interests resulting from any
scientific, literary or artistic production of which
he is the author.
Article 28
Everyone is entitled to a social and international
order in which the rights and freedoms set forth
in this Declaration can be fully realized.
Article 29
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Article 29 1. Everyone has duties to the community in which alone
the free and full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall
be subject only to such limitations as are determined bylaw solely for the purpose of securing due recognition andrespect for the rights and freedoms of others and ofmeeting the just requirements of morality, public order andthe general welfare in a democratic society.
3. These rights and freedoms may in no case be exercisedcontrary to the purposes and principles of the UnitedNations.
Article 30
Nothing in this Declaration may be interpreted as implyingfor any State, group or person any right to engage in anyactivity or to perform any act aimed at the destruction ofany of the rights and freedoms set forth herein.
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Defamation of religion and the United Nations
Defamation of religion is an issue that has been repeatedlyaddressed by some member states of the United Nations(UN) since 1999.
Several non-binding resolutions have been voted on andaccepted by the UN condemning "defamation of religion.
The motions, sponsored on behalf of the Organization ofthe Islamic Conference[1], aim to prohibit expression thatwould "fuel discrimination, extremism and misperceptionleading to polarization and fragmentation with dangerousunintended and unforeseen consequences
" Islamic states have expressed concerns that Islam issometimes associated with terrorism and human rightsviolations, especially after the attack on the twin towers,and argue that the resolutions are necessary to combatIslamophobia.
E i l i d H Ri h
http://en.wikipedia.org/wiki/United_Nationshttp://en.wikipedia.org/wiki/United_Nationshttp://en.wikipedia.org/wiki/Organization_of_the_Islamic_Conferencehttp://en.wikipedia.org/wiki/Organization_of_the_Islamic_Conferencehttp://en.wikipedia.org/wiki/Organization_of_the_Islamic_Conferencehttp://en.wikipedia.org/wiki/Islamic_statehttp://en.wikipedia.org/wiki/Islamic_terrorismhttp://en.wikipedia.org/wiki/Human_rights_in_Islamhttp://en.wikipedia.org/wiki/Human_rights_in_Islamhttp://en.wikipedia.org/wiki/Human_rights_in_Islamhttp://en.wikipedia.org/wiki/Islamic_terrorismhttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/Islamophobiahttp://en.wikipedia.org/wiki/Islamophobiahttp://en.wikipedia.org/wiki/Islamophobiahttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/Human_rights_in_Islamhttp://en.wikipedia.org/wiki/Islamic_terrorismhttp://en.wikipedia.org/wiki/Islamhttp://en.wikipedia.org/wiki/Islamic_statehttp://en.wikipedia.org/wiki/Organization_of_the_Islamic_Conferencehttp://en.wikipedia.org/wiki/Organization_of_the_Islamic_Conferencehttp://en.wikipedia.org/wiki/United_Nations7/31/2019 Human Rights in India Law Policy Society and Enforcement Mechanism
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Environmental protection and Human Rights
Environmental protection is a practice of
protecting the environment, on individual,organizational or governmental levels, for thebenefit of the natural environment and (or)humans.
Due to the pressures of population andtechnology, the biophysical environment is beingdegraded, sometimes permanently.
This has been recognized, and governments have
begun placing restraints on activities that causedenvironmental degradation.
Since the 1960s, activism by the environmentalmovement has created awareness of the various
environmental issues.
http://en.wikipedia.org/wiki/Natural_environmenthttp://en.wikipedia.org/wiki/Natural_environmenthttp://en.wikipedia.org/wiki/Natural_environmenthttp://en.wikipedia.org/wiki/Environment_(biophysical)http://en.wikipedia.org/wiki/Environment_(biophysical)http://en.wikipedia.org/wiki/Environmental_degradationhttp://en.wikipedia.org/wiki/Environmental_movementhttp://en.wikipedia.org/wiki/Activismhttp://en.wikipedia.org/wiki/Environmental_movementhttp://en.wikipedia.org/wiki/Environmental_issuehttp://en.wikipedia.org/wiki/Environmental_issuehttp://en.wikipedia.org/wiki/Environmental_issuehttp://en.wikipedia.org/wiki/Environmental_issuehttp://en.wikipedia.org/wiki/Environmental_movementhttp://en.wikipedia.org/wiki/Environmental_movementhttp://en.wikipedia.org/wiki/Activismhttp://en.wikipedia.org/wiki/Environmental_degradationhttp://en.wikipedia.org/wiki/Environment_(biophysical)http://en.wikipedia.org/wiki/Natural_environment7/31/2019 Human Rights in India Law Policy Society and Enforcement Mechanism
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Evolving approaches to environmental protection
Kyoto Protocol : The Kyoto Protocol is the current international
legal regime for cutting greenhouse gas emissions. It wasnegotiated in 1997 and eventually ratified in February 2005.
Waste, pollution, loss ofbiodiversity and the introduction ofinvasive species are some of the issues relating to environmentalprotection
Discussion concerning environmental protection often focuses onthe role of government, legislation and enforcement.
However, in its broadest sense, environmental protection may beseen to be the responsibility of all people and not simply that ofgovernment.
Decisions that impact the environment will ideally involve a broadrange of stakeholders, including industry, indigenous groups,environmental group and community representatives.
http://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Pollutionhttp://en.wikipedia.org/wiki/Biodiversityhttp://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Biodiversityhttp://en.wikipedia.org/wiki/Pollutionhttp://en.wikipedia.org/wiki/Waste7/31/2019 Human Rights in India Law Policy Society and Enforcement Mechanism
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dynamics of climate change: International Court of Justice
Such endeavours are most keenly pursued by the threatened islandstates. The president of Palau has made a submission to theInternational Court of Justice. This seeks an opinion on whether thedynamics of climate change can be interpreted as contravening theestablished principle that nations should not take actions whichcause trans-boundary harm.
A second route invokes international human rights law. Influentialfigures such as Mary Robinson, former UN High Commissioner forHuman Rights, and Olivier De Schutter, UN Special Rapporteur onthe Right to Food, argue that climate change is underminingindividual rights to food, water and health. On that basis, the majoremitting countries could be challenged under routine UN reviews ofhuman rights observance.
K P l C i 2010
http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.guardian.co.uk/environment/2012/apr/24/climate-change-human-rights-issue?intcmp=122http://www.guardian.co.uk/environment/2012/apr/24/climate-change-human-rights-issue?intcmp=122http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr17/31/2019 Human Rights in India Law Policy Society and Enforcement Mechanism
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Kyoto Protocol Commitment map 2010
NewsGovernments in Bangkok prepare for
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g p p
2012 climate change decisions
30 August 2012,Bangkok, Thailand
Governments began meeting in Bangkok to preparedecisions that they will take at the next UN climate changeconference in Doha.
Governments have promised to cut greenhouse gasemissions and help the poor and vulnerable adapt toclimate change. They know they must implement thesepromises fully, raise their efforts before 2020 and redouble
those efforts again after 2020, said Christiana Figueres,Executive Secretary of the United Nations FrameworkConvention on Climate Change (UNFCCC).
GLOBALIZATION AND ITS IMPACT on HUMAN RIGHTS
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Globalization could be frightening, stimulating, overwhelming,destructive or creative, depending on ones point of view.
There was a widespread sense of instability and insecurity. In the CostaRicadialogue a participant said, There is a growing feeling that we live ina world highly vulnerable to changes we cannot control; a growing senseof fragility among ordinary people, countries and entire regions.
Impact of globalization on culture and identity
Some saw it as threatening traditional institutions such as the family andthe school,
Employment and Livelihoods There is no point to a globalization that reduces the price of a childs
shoes, but costs the father his job.
These were biased in favour of the rich and powerful and neglected thesocial impact of economic policies. The adverse effects were sometimesstrikingly similar in different parts of the world.
For instance, the damage done by agricultural subsidies was illustratedby identical complaints in the Brazil and Tanzania dialogues: that theimport of European powdered milk was crowding out demand for theirdomestic milk, while at the same time introducing an inferior product.
d d f h l l l
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democratic deficit at the international level
The current agenda was considered to be too focused on trade andinvestment, and not enough on human rights and the environment,
partly due to a democratic deficit at the international level. There was widespread agreement on the need for a renewed
role for the State, built on the rule of law and democraticinstitutions, and working in partnership with other social actors.
While the concept of an all-embracing State has been discredited,
globalization had weakened the State too much. In order to respond effectively to globalization the State needed
to be able to develop national capacities, regulate economicactivity, promote equity and fairness, provide essential publicservices and participate effectively in international negotiations.
Need for investment in education and skills
A recurring theme was that to take advantage of theopportunities of globalization, people and countries had to investin education, skills and technological capabilities across theboard.
Education systems needed reform and illiteracy had to be tackled.
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globalization is a reality and irrevesible
that globalization is a reality, that it is necessary toadjust policy priorities to deal with it
If globalization is a river, we must build dams togenerate power.
High on the list was rich nations farm and tariffpolicies
Western tariffs continued to discriminate against localprocessing of commodities, making producershostage to the declining price of raw materials
The International Monetary Fund (IMF) and the WorldBank were described as arrogant, ignorant of localconditions,and applying one-size-fits-all policies.
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Globalisation: In India there are winners and losers
In India, the message was more mixed. There had been winners and
losers. The lives of the educated and the rich had been enriched by
globalization. The information technology (IT) sector was aparticular beneficiary.
But the benefits had not yet reached the majority, and new risks
had cropped up for the losers the socially deprived and the ruralpoor.
Significant numbers of non-perennial poor, who had worked hardto escape poverty, were finding their gains reversed.
Participants at the dialogue feared that globalization could erodevalues such as democracy and social justice.
Power was shifting from elected local institutions tounaccountable transnational bodies.
Western perceptions, which dominated global media, were notaligned with local perspectives; they encouraged consumerism inthe midst of extreme poverty and posed a threat to cultural and
linguistic diversity.
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Next Lecture
Human Rights Education and Training
NHRC INDIA
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Thank you
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