subject of any reservations whatsoever since these would be inconsistent with the aim and purpose of Protocol I and undermine its basis”. Chapter 3: International Human Rights Law International human Rights law is set of law which is International legal Framework to protect rights of humans and to promote human rights on regional, civil and domestic level. Concept of human rights, entitles every human being to have hisher basic human rights without any discrimination on the basis of political or religious affiliation, race, sex, nationality, language or any other characteristic. This domain of law is widely accepted and practiced in almost whole world. States have acknowledged the need and significance of Human Rights from the past examples of World wars when Human were tortured, humiliated, and brutally treated.
Human rights are’’ commonly understood as inalienable fundamental rights to which a person is inherently entitled because she or he is human being’’ human rights are thus conceived as universal [applicable everywhere] and egalitarian [the same for everyone] these rights may exist as natural rights as legal rights, in both national and international law. The doctrine of human rights in international practice within government organizations, has been a cornerstone of public policy around the world .in the idea of human rights it says,’’ if the public discourse of peacetime global society can b said to have a common moral language it is that of human rights.’’ Despite this, the strong claims made by the doctrine of human rights continue to provoke
The Universal Declaration of Human Rights (UDHR), proclaimed in 1948 by the United Nations' General Assembly provided a standard of fundamental human rights that all nations must aspire to protect. Some of the basic human rights include: the right to life and liberty, right to freedom of expression, the right to quality education and adequate work opportunities and freedom from slavery and torture. In order to provide a legal framework that will lay down the obligations of governments to protect human rights and the fundamental freedoms of peoples and social groups, the International Covenant on Economic, Social and Cultural Rights together with UHDR developed the International Bill of Human Rights. This bill provided a legal standard for the basic economic, social and cultural rights countries must afford their citizens. It has also provided a framework for countries to integrate the need to uphold the common good in order to promote human dignity.
Human rights can be said that it is part of a world social process which can be expressed as the international law of human rights. Further, international law is seen as an inter-cultural law, and an appeal to international law is the evidence of the universal standard of human rights. Regardless of this justification, it is said that universality of human rights must be recognised in the context of the different cultures that exist . When discussing the universality of human rights, Dias has identified three main types of attack on the universality of human rights i.e. ; the proponents of New World Order, governments of the developing countries and the leadership of religious fundamentalism and ethnic anarchism.
The International Proclamation have thus for left dignity undefined and many legal commentators cite it as a ‘reason’ but are ambiguous about its application. We live in a word in which the idea of human dignity is everywhere invoked and everywhere contested. As a matter of constitutional practice and the basis of legal / judicial decisions, in the decades since the end of world war-II , human dignity has emerged as the organizing idea of the ground breaking paradigm in the public law. In jurisdiction around the world including India, human dignity is invoked as a right or value that imposes an overarching obligation on all public authorities , as the underlying basis of the constitutional rights, as an interpretive principal for determine the protections that particular constitutional rights afford, as a constraint on the kind of
The notion of human rights is relatively a new concept in human history. Article 1 of Declaration of Human Rights ''All beings are born free and equal in dignity and rights’’ states a universal request for fundamental human rights of individuals to be upheld by state and non-state actors in any circumstances. Owing it to the history of war and violence, particularly to the atrocities caused by Second World War, the concept and understanding of human rights have eventually become embodied in universal consciousness, actively promoted and theoretically guaranteed by numerous international documents and international human rights law. Still, the undoubtable commitment and responsibility to implement human rights standards is the one of the state
Amnesty International felt this shift was important, not just to give credence to its principle of the indivisibility of rights, but because of what it saw as the growing power of companies and the undermining of many nation states as a result of globalisation. During the first half of the new decade, Amnesty International turned its attention to violence against women, controls on the world arms trade, concerns surrounding the effectiveness of the UN, and ending torture. SEXUAL AND REPRODUCTIVE RIGHTS Overview ‘’Whoever you are, wherever you live, all the decisions you make about your own body should be
2.3 INTERNATIONAL DEVELOPMENTS All modern civic societies tend to organize and regulate their affairs in such manner as ensures that they work for common welfare on one hand and dignity of each individual on the other. The growth and development of humanity comprised in the society depends on the sincerity and commitment to this approach. Human rights are generally rooted in the cultural and political ethos of each free modern State in the present times. The prime reason is that the theory of natural law of existence mandates provision of, and access to, these inalienable and innate rights for optimum growth of the individual as a human to be useful to self and to the society & environment of which he is a part. During the struggle for independence, our freedom fighters raised voice against human rights violations and deprivation of basic civil, political and economic rights at the hands of the foreign rulers.
1. As per you, what is ‘Rule of Law’ and how does it help business? The rule of law is indispensable for the exercise of government in a way that promotes and protects human rights. Proper functioning of the rule of law, it is essential to have a strong legal framework, under a constitution, that upholds human rights and that provides for effective protection, implementation and redress in key areas at the domestic level, that relate to all human rights, be they civil, cultural, economic, political or social rights. The rule of law concerns itself with the substantive and the procedural, as well as with the quality, content and objectives of laws, processes, institutions and practices.
Justice is the foundation of any civilized society. The search for justice has been an ideal which man has been aspiring since ages. Justice is a constitutional compulsion. The Constitution of India, in its Preamble, define the common goal for its citizens as, “to secure to all the citizens of India, Justice- Social, economic and political.” Article 14 guarantees equality before the law and the equal protection of the laws. Article 39A of the Constitution gives a compulsion to the State to secure that the operation of the legal system promotes justice based on equal opportunity and ensure that it is not denied to any citizen due to economic or other disabilities.