CHEATSHEET

Core Concepts

Human Rights: Inherent, universal rights belonging to all people. They are universal, inviolable, inalienable, and interdependent.
Three Generations of Rights:
1. Civil & Political: Right to life, liberty, fair trial. (UDHR, ICCPR)
2. Economic, Social & Cultural: Right to work, education, healthcare. (UDHR, ICESCR)
3. Collective/Solidarity: Right to development, clean environment.

Key Milestones & Documents

Magna Carta (1215): Limited monarch’s power.
Enlightenment: Emphasized natural rights (Locke, Rousseau).
UDHR (1948): Landmark document, 30 articles. Not legally binding, but morally and politically significant. Sets a “common standard.”
ICCPR (1966): Legally binding treaty on civil and political rights.
ICESCR (1966): Legally binding treaty on economic, social, and cultural rights. Requires states to “progressively realize” rights.

National Legislation

Protection of Human Rights Act (1993):
- Established NHRC and SHRCs.
- Defines human rights as rights related to life, liberty, equality, and dignity guaranteed by the Indian Constitution.
- Empowers commissions to inquire into human rights violations.

Evolving Rights

Third-Generation Rights: Group rights requiring international cooperation. E.g., right to self-determination, right to peace.
Fourth-Generation Rights: Emerging rights related to technology and global issues. E.g., digital rights, right to a clean environment. The Right to Development is a key component.

International Conventions

CEDAW (1979): “International bill of rights for women.” Aims to eliminate all forms of discrimination against women.
Convention on the Rights of the Child (1989): Legally binding treaty for children’s rights. Based on four principles: non-discrimination, best interests of the child, right to life/survival/development, and respect for the child’s views.

Key Institutions

National Human Rights Commission (NHRC):
- Role: Watchdog for human rights in India.
- Functions: Inquires into violations, recommends remedies, promotes human rights literacy.
State Human Rights Commission (SHRC):
- Role: Handles human rights violations at the state level.
- Functions: Similar to NHRC but with limited jurisdiction.

Judicial & Legal Mechanisms

Judicial Activism: Proactive role of the judiciary in upholding human rights.
- How: Uses Public Interest Litigation (PIL) to expand the scope of fundamental rights.
- Impact: Expanded Article 21 (Right to Life) to include rights like a clean environment and health.
Human Rights Courts:
- Purpose: Established under the PHRA to ensure speedy trials for human rights offenses.
- Function: A designated Court of Session at the district level with a Special Public Prosecutor.

notes-shivam