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Human Rights — Cheat Sheet

Core values

ValueMeaning
DignityFoundation of all values; respect for every individual
LibertyFreedom to regulate one's own relations; basis of rights
EqualityEqual treatment without discrimination; concessions for disadvantaged
JusticeFair and equitable treatment; highest value (Plato)
EthicsSocial code of conduct; distinguishes right from wrong
MoralsPersonal character of an individual

Types of rights

TypeExample
NaturalInherent (life, liberty)
LegalCreated by State
ClaimEntitlement requiring action (right to education)
LibertyFreedom from interference (freedom of speech)
PositiveRequire provision (education, health)
NegativeRequire non-interference (freedom from torture)
IndividualHeld by persons
GroupHeld by communities (minority rights)
UniversalApplicable everywhere

Types of duties

TypeMeaning
NaturalDerived from nature/conscience
AcquiredArise from social role
PositiveRequire action
NegativeRequire abstention
PerfectAlways binding
ImperfectCircumstance-dependent
Prima facieAppear binding until overridden
InstrumentBinding?
TreatyYes
ConventionYes (multilateral treaty)
CovenantYes (binding treaty)
DeclarationNo (soft law)
ProtocolYes (supplementary to treaty)
CharterYes (foundational treaty)
StatuteYes (institutional law)
Executive orderDepends on domestic law
ResolutionUsually no

UN bodies relevant to human rights

BodyRole
General AssemblyDeliberative; adopts declarations and conventions
Security CouncilCan sanction for gross violations
ECOSOCCoordinates human rights; oversees treaty bodies
Human Rights CouncilPromotes and protects human rights (replaced Commission, 2006)
OHCHRLeads UN human rights efforts
ICJAdjudicates disputes between States

UDHR articles — three generations

GenerationArticlesRights
First3–21Civil and political rights
Second22–27Economic, social, and cultural rights
Third28–30Solidarity rights (social order, duties, no abuse of rights)

Key conventions and years

Convention / DeclarationYearGroup
UDHR1948All human beings
CEDAW1979Women
CRC1989Children
CRPD2006Persons with disabilities
UN Declaration on Rights of Indigenous Peoples2007Indigenous peoples
Migrant Workers Convention1990 (in force 2003)Migrant workers
Refugee Convention1951Refugees

India — key enforcement mechanisms

Body / ProvisionKey point
Article 32Supreme Court writs (heart and soul)
Article 226High Court writs
NHRC Act1993
NHRCAll human rights
NCWWomen
NCPCRChildren
NCMMinorities
NCSC/STScheduled Castes and Scheduled Tribes
PILAny public-spirited person can file
SarvodayaUniversal upliftment (Gandhi)

Fundamental Duties (Article 51A)

  1. Abide by the Constitution and respect its ideals and institutions.
  2. Cherish the noble ideals of the national struggle for freedom.
  3. Uphold and protect the sovereignty, unity, and integrity of India.
  4. Defend the country and render national service when called upon.
  5. Promote harmony and spirit of common brotherhood; renounce practices derogatory to the dignity of women.
  6. Value and preserve the rich heritage of our composite culture.
  7. Protect and improve the natural environment and have compassion for living creatures.
  8. Develop the scientific temper, humanism, and the spirit of inquiry and reform.
  9. Safeguard public property and abjure violence.
  10. Strive towards excellence in all spheres.
  11. Parent/guardian to provide education to child/ward between 6 and 14 years. (86th Amendment, 2002)

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