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AN ANALYSIS ON PROTECTION OF HUMAN RIGHTS UNDER VARIOUS CONVENTIONS BY *PROF. DR. ANJINA REDDY K.R.
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AN ANALYSIS ON PROTECTION OF HUMAN
RIGHTS UNDER VARIOUS CONVENTIONS
AUTHORED BY *PROF. DR. ANJINA REDDY
K.R., PRINCIPAL,
RV Institute Of Legal Studies,
Bengaluru, Karnataka, India
Abstract
All people have the inherent right to
human rights, irrespective of their gender, colour, nationality, ethnicity,
language, religion, or any other characteristic. The freedom from slavery and
torture, the right to life and liberty, the freedom of speech and thought, the
right to employment and education, and numerous other rights are examples of
human rights. Without exception,
everybody possesses these rights. The body of international human rights has
developed as a result of several treaties and other instruments pertaining to
human rights that have been ratified since 1945. At the regional level,
additional instruments have been established that represent the unique human
rights issues of the region and offer distinctive protection measures. This
paper will highlight the major international human rights treaties/conventions
and their implementation.
1.1 Introduction
The Universal Declaration of Human
Rights (UDHR), which was approved by the UN General Assembly on December 10,
1948, gave the global human rights movement a major boost. The Declaration was
drafted with the intention of creating "a common standard of achievement
for all peoples and nations." It outlines the fundamental civil,
political, economic, social, and cultural rights that every person should be
able to enjoy for the first time in human history. It is now universally
acknowledged as one of the core principles of human rights, which everyone
ought to uphold and defend.[1]
Since 1945, a number of international
human rights treaties and other agreements have been ratified, giving inherent
human rights a legal framework and expanding the sphere of global human rights.
At the regional level, additional instruments have been established that
provide special methods of protection and reflect the region's unique human
rights issues. Additionally, the majority of States have enacted laws and
constitutions that explicitly safeguard fundamental human rights. Other
instruments, such as declarations, guidelines, and principles issued at the
international level, contribute to the understanding, application, and
evolution of international human rights law, even if international treaties and
customary law serve as its fundamental sources. The development of the rule of
law at the national and international levels is necessary for the respect of
human rights.
1.2 Treaty Bodies
A treaty is a legally binding
agreement between governments that establishes guidelines for how each state
will conduct its business on a given problem. States ratify and agree to
treaties individually. Treaty bodies are groups of impartial specialists who oversee
how UN human rights treaties are being implemented among signatories. They take
into account state reports about the steps taken to implement human rights
under the treaties they oversee and they offer official interpretations
(sometimes referred to as General Remarks or General Suggestions) regarding the
state of states' duties under the treaties. The majority of treaty bodies are
also able to examine and offer recommendations on complaints from people and
organisations who believe their rights under the treaty have been infringed
upon and they have not been given access to a remedy at the national level. The
following is a list of major conventions and the monitoring body under each
treaty.
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Sl. No.
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Name of the convention
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Date of adoption
|
Monitoring agency
|
|
1.
|
Universal Declaration of Human
Rights
|
10 Dec 1948
|
Human
Rights Council
|
|
1.
|
21 Dec 1965
|
Committee on the
Elimination of Racial
Discrimination
|
|
|
2.
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16 Dec 1966
|
Human Rights
Committee
|
|
|
3.
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16 Dec 1966
|
|
|
|
4.
|
18 Dec 1979
|
Committee on
the Elimination
of Discrimination
against Women
|
|
|
5.
|
10 Dec 1984
|
Committee against
Torture
|
|
|
6.
|
20 Nov 1989
|
Committee on the
Rights of the Child
|
|
|
7.
|
18 Dec 1990
|
Committee on the
Protection of the
Rights of All Migrant
Workers and Members
of Their Families
|
|
|
8.
|
20 Dec 2006
|
Committee
on Enforced
Disappearances
|
|
|
9.
|
13 Dec 2006
|
Committee on the
Rights of Persons with
Disabilities
|
1.3 Role of various agencies under conventions
States are required to abide by the
requirements outlined in international human rights legislation. States take on
responsibilities and duties under international law to uphold, defend, and
fulfil human rights when they ratify international treaties. States have a
commitment to protect human rights, which implies they cannot restrict or
interfere with their enjoyment. States have a duty to safeguard people and
groups from violations of human rights. States have a duty to fulfil, which
requires them to take proactive measures to enable the enjoyment of fundamental
human rights.[2]
Governments commit to implementing
domestic policies and laws that are compliant with their commitments and duties
under international human rights treaties when they ratify them. International
and regional structures and processes for specific grievances or interactions
can be utilised to help guarantee that universal human rights norms are actually
respected, put into effect, and executed at the local level in cases where
local court processes fall short to remedy violations of human rights. The
major list of conventions and state obligation while providing the right to
seek remedy is as under:
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Sl. No.
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Name of the convention
|
State’s duty to
report
|
Action/outcome
|
Agency to receive
complaints
|
|
1.
|
Exists. Once in two years.
|
report submitted to the General Assembly
|
Ad hoc
Conciliation
Commission
|
|
|
2.
|
Upon request from agency
|
Given to States
|
Human Rights
Committee
|
|
|
3.
|
Exists. Once in five years.
|
General recommendations
|
|
|
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4.
|
Exists. Once in four years.
|
General recommendations
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No procedure on hearing
complaints
|
|
|
5.
|
Exists. Once in four years.
|
General recommendations
|
Committee against
Torture
|
|
|
6.
|
Exists. Once in five years.
|
General recommendations
|
Committee on the
Rights of the Child
|
|
|
7.
|
Exists. Once in five years.
|
Provides comments
|
Committee on the
Protection of the
Rights of All Migrant
Workers and Members
of Their Families
|
|
|
8.
|
No obligation
|
Only considers reports.
|
No procedure on hearing
complaints
|
|
|
9.
|
Exists. Once in four years.
|
Only considers reports.
|
No procedure on hearing
complaints
|
1.4 Indian response to treaties/conventions
India is a signatory to most of the
international conventions and treaties. However, India has ratified a few and
is yet to ratify a few conventions related to human rights. The following table
provides list of conventions and its status[3]:
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Sl. No.
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Name of the convention
|
Ratification status
|
|
1.
|
India ratified the Convention on 3 December 1968 with
certain reservations[4]
|
|
|
2.
|
India acceded to the Convention on 10 April 1979
|
|
|
3.
|
India acceded to the Convention on 10 April 1979
|
|
|
4.
|
India signed the Convention on 30 July 1980 and ratified it
on 9 July 1993 with certain reservations[5]
|
|
|
5.
|
India signed the Convention on 14 October 1997, but has not
ratified it yet
|
|
|
6.
|
India acceded to the Convention on 11 December 1992
|
|
|
7.
|
India has not signed the Convention
|
|
|
8.
|
India signed the ICPAPED on 6 February 2007, but has not
ratified it yet
|
|
|
9.
|
India ratified the Convention on 1 October 2007
|
Indian Constitution provides for the
respect and implementation of international treaties and agreements. Article 51
states that the state is obligated to upholding just and moral relations with
other countries as well as advancing national peace and security on a global
scale. The specific Article 253 grants the parliament the authority to enact
laws and carry out legislative actions to carry out international agreements.
As to Article 253, the parliament holds the exclusive authority to enact legislation
for the entirety or any portion of India's territory, with the aim of carrying
out international treaties, agreements, or conventions with other nations, as
well as decisions taken at conventions or associations. This means that in
order to carry out international treaties, accords, and conventions, the
parliament is empowered by Article 253 to enact legislation on the subjects
included in Schedule VII, List II as well.
The implementation status of various
conventions is as under[6]:
|
Sl. No.
|
Name of the convention
|
Action/Initiatives
|
|
1.
|
Constitutional provisions
especially Part III among other laws.
|
|
|
2.
|
Many laws cover the rights under
ICCPR such as Right to Information
Act, 2000; Domestic Violence Act,
Child Marriage Restraint Act,
1929; Prohibition of Child Marriage Act, 2006 among others.
|
|
|
3.
|
National Rural Employment
Guarantee Act; Food Safety and
Standard Act; Right to Education
Act; Land Acquisition
Act; National Food Security Act
etc. are some of the laws framed which covers rights under the ICESCR.
|
|
|
4.
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Constitutional provisions
especially Part III, Maternity Benefit law etc. among other laws
|
|
|
5.
|
No direct law but part III of
Indian Constitution secures against inhuman treatment or other such acts.
|
|
|
6.
|
Child Marriage Restraint Act,
1929; Prohibition of Child Marriage Act, 2006, Right to Education Act etc.
are some laws enacted in this regard
|
|
|
7.
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No direct law.
|
|
|
8.
|
No direct law. Criminal Law
(amendment) Act 2013, Immoral Traffic (Prevention) Act, 1956 (ITPA) and The
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2021
among other laws.
|
|
|
9.
|
Rights of Persons with
Disabilities Act of 2016 among other laws.
|
1.4.1 Enforcing/protective agency
The Protection of Human Rights Act
(PHRA), 1993, with the objectives of “An Act to provide for the constitution of
National Human Rights Commission, State Human Rights Commissions in States and
Human Rights Courts for better protection of human rights and for matters
connected therewith or incidental thereto” created the National Human Rights
Commission (NHRC) of India on October 12, 1993. Thanks to the authority granted
to it by the PHR Act of 1993, the NHRC has made a substantial contribution to
the nation's efforts to safeguard and advance human rights. The National Human
Rights Commission of India is tasked with studying agreements and other
international pacts on human rights to provide proposals for their efficient
implementation.[7]
The Commission not only works with
the Indian government to ratify and endorse international human rights
treaties, but it also examines national legislation to make sure that local
laws uphold global standards for human rights and that global instruments are
being implemented nationally.[8]
Other duties include[9]:
1. “Enquiring
suo motu, or on a petition, into complaints of human rights violations;
2. Intervening
in any proceeding involving any allegation of violation of human rights pending
before a court with the approval of such court;
3. Visiting
jails or other institutions where persons are detained to study living
conditions and make recommendations thereon;
4. Reviewing
the safeguards provided by the Constitution or laws for the protection of human
rights and making recommendations for their effective implementation;
5. Reviewing
the factors, including acts of terrorism, that inhibit the enjoyment of human
rights, and recommending appropriate remedial measures; and, undertaking such
other functions as it may consider necessary for the protection of human
rights;
6. Assessing
the functioning of public institutions, ensuring that laws are implemented in
practice, and monitoring entitlements, the NHRC monitors situations where very
serious violations of human rights have taken place, calling for reports from
the Governments concerned, sending its own teams to investigate, framing
recommendations, and monitoring compliance.”
1.5 Conclusion
There is no explicit clause in the
Constitution that gives the Supreme Court and High Courts the authority to
uphold international treaty rights against the government, in contrast to
Articles 32 and 226 which provide them the authority to enforce the fundamental
rights protected by the Constitution. Article 51(c) of the Constitution, which
requires the State to promote respect for international law and treaty
responsibilities, is the sole clause that addresses the State's duties under
international treaties. A significant overhaul of the NHRC is necessary to make
it a more potent monitor of violations of human rights throughout the country.
The legal bindingness of the commission's findings will increase the NHRC's
efficacy. If India's human rights status is to be enhanced and bettered state
and non-state actors need to work together and take the initiative. These
concerns need to be addressed in order to improve the effectiveness of the
implementation of human rights provided under various laws and conventions.
References:
1. Human Rights Commission,
https://www.humanrightscommission.ky/human-rights-treaties (last visited on:
October 15, 2023)
2. OHCHR,
https://www.ohchr.org/en/instruments-and-mechanisms/international-human-rights-law
(last visited on: October 15, 2023)
3. NHRC,
https://nhrc.nic.in/sites/default/files/A_Handbook_on_International_HR_Conventions.pdf
(last visited on: October 15, 2023)
4. NHRC,
https://nhrc.nic.in/faqs/what-functions-have-been-assigned-commission-under-act-0
(last visited on: October 15, 2023)
[1]Human Rights Commission,
https://www.humanrightscommission.ky/human-rights-treaties (last visited on:
October 15, 2023)
[2] OHCHR, https://www.ohchr.org/en/instruments-and-mechanisms/international-human-rights-law
(last visited on: October 15, 2023)
[3] NHRC, https://nhrc.nic.in/sites/default/files/A_Handbook_on_International_HR_Conventions.pdf
(last visited on: October 15, 2023)
[4] It reads: "The Government of
India declares that for reference of any dispute to the International Court of
Justice for decision in terms of Article 22 of the International Convention on
the Elimination of all Forms of Racial Discrimination, the consent of all
parties to the dispute is necessary in each individual case."
[5] India’s Declarations/Reservations
on the CEDAW
Declarations: "i) With regard to articles 5 (a)
and 16 (1) of the Convention on the Elimination of All Forms of Discrimination
Against Women, the Government of the Republic of India declares that it shall
abide by and ensure these provisions in conformity with its policy of
non-interference in the personal affairs of any Community without its
initiative and consent.
ii) With regard to article 16 (2) of the Convention on
the Elimination of All Forms of Discrimination Against Women, the Government of
the Republic of India declares that though in principle it fully supports the
principle of compulsory registration of marriages, it is not practical in a
vast country like India with its variety of customs, religions and level of
literacy."
Reservation: "With regard to article 29 of the
Convention on the Elimination of All Forms of Discrimination Against Women, the
Government of the Republic of India declares that it does not consider itself
bound by paragraph 1 of this article."
[6] Supra Note 3.
[7] Section 12(f) of the Protection of
Human Rights Act, 1993 (PHRA).
[8] Section 12 of the Act
[9] NHRC,
https://nhrc.nic.in/faqs/what-functions-have-been-assigned-commission-under-act-0
(last visited on: October 15, 2023)
Article Information
AN ANALYSIS ON PROTECTION OF HUMAN RIGHTS UNDER VARIOUS CONVENTIONS BY *PROF. DR. ANJINA REDDY K.R.
Authors: PROF. DR. ANJINA REDDY K.R.
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/15
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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