International Bill of Human Rights
• Comprises 3 major international instruments:
a) UDHR
b) ICCPR
c) ICESCR
UDHR, 1948
• The UDHR consists of 30 articles detailing an individual’s “basic rights and fundamental freedoms”. It is universally
applicable for all human beings of varying race, religions and nationality.
• It directly inspired the development of international human rights law, and was the first step in the formulation of
the International Bill of Human Rights, which was completed in 1966 and came into force in 1976.
• Even though the Universal Human Rights Declaration is not legally binding, its contents have been elaborated and
incorporated into subsequent international treaties, regional human rights and instruments and in the legal codes
of various countries
• At least one of the 9 binding treaties of the UDHR has been ratified by all 193 member states of the UN, with the
majority ratifying four or more.
• The core principles of human rights first set out in the UDHR, such as universality,
interdependence and indivisibility, equality and non-discrimination, have been reiterated in
numerous international human rights conventions, declarations, and resolutions.
• Significance of UDHR
• The UDHR is widely regarded as a groundbreaking document that provides a comprehensive
and universal set of principles in a secular, apolitical document that is beyond cultural, religious
and political ideologies.
• The Declaration was the first instrument of international law to use the phrase “rule of law”,
thereby establishing the principle that all members of all societies are equally bound by the law
regardless of the jurisdiction or political system.
• Preamble to UDHR -Recognition of the inherent dignity and of the equal and inalienable rights
of all members of the human family is the foundation of freedom, justice and peace in the
world.
Article 1
• All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.
• Article 2
• All rights without distinction as to race, colour, language etc
• Article 3
• Everyone has a right to life, liberty and security of person
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 9
No one shall be subjected to arbitrary arrest and detention
Article 10
Right to fair trial
Article 25
Right to adequate standard of life
Everyone has the right to a standard of living adequate for the health and well-being of himself and
of his family, including foods, clothing, housing and medical care and necessary social services, and
the right to security in the event of unemployment, sickness, disability, widowhood, old age or other
lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or
out of wedlock, shall enjoy the same social protection.
ICCPR
-Deals with various traditional human rights and fundamental freedoms such as right to life and
liberty, freedom from torture, cruel, inhuman or degrading treatment or punishment,
Various kinds of civil and political rights may be divided into twelve categories:
I right to life, liberty and security of person
II abolition of slavery and slave like practices
III Abolition of certain types forced or compulsory labour
IV Protection against cruel, degrading, inhuman degrading treatment or punishment
V Protection against arbitrary arrest and detention
VI Human rights in the administration of justice
VII Right of everyone to leave his country
VIII Right to own property
IX Freedom of thought, conscience and religion
X Freedom of opinion and expression
XI Freedom of association including trade union rights
XII Right of everyone to take part in the govt. of the country
• The state parties to ICCPR have agreed :
i) To ensure all individuals within its territory the rights guaranteed under ICCPR
ii)To adopt appropriate legislative measures to implement rights specified in ICCPR
iii) To ensure that any person whose rights and freedoms are violated shall have an effective
remedy
iv) To ensure that right of person claiming such remedy shall be determined by competent judicial
authority provided by the legal system of the state
v) Ensure equal right of men and women
vi) To ensure competent authorities shall enforce such remedies when granted
• Article 4 provides that state parties may derogate from its obligation when there is a public
emergency except the following rights
• Right to life and liberty, freedom from expost facto laws, freedom of thought, conscience and
religion etc provided
-it is done in emergency
-such measures are not inconsistent with other obligations
-such measures do not involve discrimination on the basis of race, colour etc
ICCPR
I Right to life and personal liberty
All major international instruments such as UDHR, ICCPR, the Convention on Prevention and
Punishment of the crime of Genocide and the International Convention on suppression and
punishment of crime of Apartheid deal with right to life and personal liberty.
Article 6 of ICCPR provides that every human being has the inherent right to life. The right shall be
protected by law. No one shall be arbitrarily deprived of his life. (Art 21 of the Indian Constitution)
Main areas in which right to life, liberty and personal security require specific enforcement. These
areas are:
a) Capital punishment
b) Hostage taking
c) International terrorism
d) Nuclear arms race
Capital Punishment
With the help of commission of human rights, the General Assembly has successfully adopted on
15th December 1989 the Second Optional Protocol to the ICCPR aiming at the abolition of death
sentence as punishment . It provides that in the countries in which death penalty has not been
abolished, it must observe the following safeguards:
- Should be imposed in cases of most serious crimes
- - should be imposed only in accordance with law in force at the time of commission of crime
- Should not be imposed in contravention of the provisions of the ICCPR and convention on
prevention and punishment of Genocide
- Any one sentenced shall have right to seek pardon or commutation
- It shall not be imposed on persons below 18 years of age
- If it is imposed on woman, it shall not be carried out if she is pregnant
• Provisions of Second Optional Protocol
• State party shall take necessary measures to abolish death penalty. It was further agreed that
the State parties shall report to human rights committee measures they have adopted to give
effect to the protocol
• Competent to receive complaint from other states
• Individuals subject to jurisdiction of countries that have ratified can also address complaints of
violation.
ICCPR and the Indian Constitution
Article 21 in the Indian Constitution
Francis Coralie v. Union Territory of Delhi, SC held that right to life includes right to live with
human dignity and all necessaries of life such as adequate nutrition, clothing and shelter.
Bandhua Mukthi Morcha v. union of india, right to live with human dignity was held to include
protection of health and strength of workers
Visakhaka v. state of Rajsthan, sexual harassment is a clear violation of Article 14, 15 and 21
Chairman Railway Board v. Chandrima Das, The Fundamental Rights under the Constitution of
India are almost in consonance with rights contained in the UDHR and ICCPR and ICESCR to which
India is a party.
Abolition of certain types of forced or compulsory labour
• The purpose of Art.5 of the Slavery Convention, 1926 is that the state parties should ensure
that system of compulsory or forced labour should not be allowed to develop into the
institution of slavery and servitude.
• Every forced or compulsory labour must be compensated with adequate remuneration and
labourers must not be forcibly removed from the place of their usual habitation.
• The International Convention on the suppression and punishment of the crime of Apartheid
makes forced labour as crime.
• Article 8 para (3) of ICCPR provides that no one shall be required forced or compulsory service
Forced or compulsory service will not include the following service or labour-
i) The performance of hard labour in pursuance of a sentence
ii) Any work or service by a person who is under detention by the lawful order of a court
iii) Any service of a military character
iv) Any service in case of emergency or calamity
v) Any work or service which forms part of normal civil obligation
Indian position
In India, begar and other forms of forced labour are prohibited under Article 23 of the
Constitution.
People’s Union of Democratic Rights v. Union of India, workers were getting less than minimum
wages, held that it was in violation of Article 23.
Bandhua Mukthi Morcha v. Union of India, bonded labour is included within the expression of
forced labour, violative of Art.23
• Art.24 of the Constitution prohibits employment of a child below the age of 14 years in any
factory or mine or its engagement in any other hazardous employment
• Art.39 (e) (f) and Art 45 also make provisions for the protection of children against exploitation
and moral and material abandonment.
• Apart from this constitutional mandate there are other legislations like Child Labour Prohibition
and Regulation Act 1986 which was amended in 2016 as Child and Adolescent Labour
(prohibition and Regulation Act) which prohibits employment of children below 14 years in all
employment.
• People’s Union for Democratic Rights v. Union of India
• MC Mehta v. State of Tamil Nadu (shivakashi Match Factories’ case)
• Bandhua Mukthi Morcha v. Union of India
Protection against Torture and other forms of cruel, inhuman or degrading treatment
• Though torture, cruel or inhuman treatment or punishment are prohibited by various
international human rights instruments and declarations
• but the term ‘torture’ has been defined only in 3 instruments, namely the Declaration on the
Protocol of all persons from being subjected to Torture or other cruel, Inhuman or degrading
treatment or Punishment of 1975, the Convention against torture and other cruel, inhuman or
degrading treatment or punishment of 1984 and International Convention on the suppression and
punishment of the crime of apartheid 1973.
According to Article 14 of the Convention, the term torture means:
a) Intentional infliction of severe pain or suffering mental or physical for the purpose of
i) Obtaining information or confession
ii) Intimidating or coercing
iii) For any reason based on discrimination of any kind
Protection of prisoners in India
In State of AP v. Challa Ramakrishna Reddy, that even a prisoner continues to enjoy all his
fundamental rights including the right to life guaranteed to him under the Constitution.
Sunil Batra v. Delhi Administration, the SC gave a few suggestions:
a) Prisoners under sentence of death shall not be denied any of the community amenities,
including games, newspapers, books, moving around etc.
b) Prisoners under sentence of death , if desires loneliness for reflection and remorse for
making peace, to meet family and friends
c) Reckless handcuffing and chaining in public is prohibited
d) Bar fetters should not be imposed arbitrarily
e) Bar fetters shall not continue beyond day time
f) Legal aid should be given to prisoner to seek justice from prison authorities
• Right to free legal aid
M.H. Hoskot v. state of Maharashtra
Sukh Das v. Arunachal Pradesh
Right to speedy trial
Hussainara Khatoon v. Home Secretary, Bihar
Right against handcuffing
Prem Shankar Shukla v. Delhi Administration
Right to compensation for wrongful arrest, detention and torture
Art.9(5) of the Covenant on Civil and Political rights provides that anyone who has been victim of
unlawful arrest or detention shall have enforceable right of compensation.
• Rudal Shah v. State of Bihar
• Bhim Singh v. State of J & K
• Nilabati Behera v. State of Orissa
• Protection against arbitrary arrest and detention
• UDHR under Art.9 provides that no one shall be subjected to arbitrary arrest or detention.
• Under Art.9 of ICCPR
a) Everyone has the right to liberty and security of a person. No one shall be subjected to
arbitrary arrest or detention
b) Any one who is arrested shall be informed about the reasons for his arrest
c) Any one who is arrested shall be brought promptly before a judge and shall be entitled to
trial within a reasonable time
d) Anyone who is deprived of liberty by arrest or detention shall be entitled to take proceedings
before a court in order that the court may decide the lawfulness of his detention
e) Anyone who has been the victim of unlawful arrest or detention shall have an enforceable
right to compensation
Provisions concerning arbitrary arrest and detention are provided under Article 20 and Art.22.
Art.21 (Maneka Gandhi v. Union Of India)
Art.22 provides certain procedural safeguards which must be observed when a person is arrested
and detained in custody. They are:
a) Shall not be detained without informing grounds of his arrest
b) right to consult advocate of his choice
c) Should be produced before the magistrate within 24 hrs.
d) Shall not be detained in custody beyond said period of 24 hours without the authority of
Magistrate
(D.K Basu v. State of West Bengal)
Human Rights in the administration of Justice
The principle of equality in the administration of justice has been incorporated in UDHR and
other International instruments.
• Equality in administration of justice helps in effective implementation of existing international
standards relating to human rights in the administration of justice.
• Independence and impartiality of judiciary is one of the pre requisites for the promotion and
protection of human rights.
• Aims at abolishing discriminatory treatment of members of racial, ethnic , religious or linguistic
groups at the various levels in the administration of criminal justice
• The UDHR under Art.10 proclaims : everyone is entitled to fair and public hearing by an
independent and impartial tribunal in the determination of his rights and obligations and of
any criminal charge against him.
• Art. 14 para (1) of the ICCPR reiterates the same position i.e.
a) All persons shall be equal before the courts and tribunals
b) Everyone shall be entitled to a fair and public hearing by a competent, independent,
impartial tribunal..
The UN Declaration on the Elimination of All Forms of Racial Discrimination under Art.7 provides
c) Everyone has right to equality before law and to equal justice under law
• Art.16 of the Convention relating to the status of Refugees provides that-
1. A refugee shall have free access to the courts of law on the territory of all contracting states
Indian Position
The following provisions have been incorporated in the Constitution of India for the
implementation of rights in the administration of justice:
a) Equality before law and equal protection of laws
b) Prohibition of discrimination
c) Enabling provisions for weaker sections
Principle of Non-refoulment
The principle of non-refoulement guarantees that a person cannot be returned to a country
where they would face torture, cruel, inhuman or degrading treatment or punishment and other
irreparable harm. The principle applies regardless of migration status (e.g. if a person is an
asylum-seeker, a refugee or a migrant).
A country violates the principle of non-refoulement if they send the person to a third country
where they are at risk of refoulment, or being sent to the country of origin where their life or
freedom would be threatened.
The principle of non-refoulement also forms part of customary international law, and is also protected within
a number of international conventions and treaties (that the UK is signatory to) including the United Nations
Refugee Convention, the
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1984
, and the United Nations International Covenant on Civil and Political Rights 1966, as well as the
European Convention on Human Rights.
In Jacob Puliyel v. Union of India, the SC held that no individual can be forced to get vaccinated
and the right to bodily integrity of a person under Art.21 of the Constitution includes the right to
refuse vaccination. The Govt. is entitled to impose restrictions on individual rights in public health
interests but the restrictions should meet the three fold requirement legality, legitimate need
and proportionality.
People’s Union for Civil Liberties (PUCL) v. Union of india, the SC ruled that telephone tapping
constituted a serious invasion on right to privacy. Right to privacy is an integral part of
fundamental right to life enshrined under Art.21 of the Constitution. This right can also be traced
to Art.17 of ICCPR.
