Introduction of Bill of Rights.pptx

Historical Background of UDHR 1948
• In 1946, the GA transmitted a draft Declaration of
Fundamental HRs and Freedoms to the Commission on
HRs, through the ECOSOC, relative to the preparation of
an international Bill of HRs.
• In1947, the Commission authorized its officers to
formulate a draft bill of HRs which was later taken over
by a formal Drafting Committee consisting of 8
members of the Commission.
• The Drafting Committee decided to prepare two
documents: one in the form of a declaration which would
set forth general principles or standards of HRs; and the
other in the form of a convention which would define
specific rights and their limitations.

Contd.
• The Committee transmitted to the Commission draft
articles of an international declaration and an
international convention on HRs.
• The Commission decided to apply the term
“International Bill of HRs’ to the entire series of
documents in late 1947.
• In 1948, the draft declaration was revised and
submitted through the ECOSOC to the GA.
• On 10 December 1948, the UDHR was adopted ,
then a day celebrated each year as “Human Rights
Day.
• The Commission on Human Rights then continued
working on a draft covenant on human rights.

Contd.
• By 1950, the GA passed a resolution declaring that the
“enjoyment of civil and political freedoms and of
economic, social and cultural rights are interconnected and
interdependent”.
• The GA requested that the Commission draft two
covenants on human rights; one to set forth CPRs and the
other embodying ESCRs.
• Before finalizing the draft covenants, the GA decided to
give the drafts the widest possible publicity in order that
Governments might study them thoroughly and public
opinion might express itself freely.
• In 1966, two International Covenants on Human Rights
were completed (instead of the one originally envisaged):
the ICESCRs and the ICCPRs, which effectively translated
the principles of the Universal Declaration in to treaty law.
• In conjunction with the UDHR, the two Covenants are
referred to as the“ International Bill of Human Rights”.

Rights Provision and Structure of UDHR
• Preamble: Reasons for the Declaration
• Recognition of inherent human dignity is the
foundation of freedom, justice, and peace.
• Contempt for human rights results in barbarism,
cruelty, tyranny, and rebellion.
• Nations pledge to promote friendly relations, social
progress, and respect for human rights
• Articles 1-3: General Principles
• Human beings are born free and equal with inherent
dignity, reason, and conscience.
• Equality involves freedom from discrimination.
• Rights are universal across nations.
• Fundamental rights: life, liberty, and security.

Contd.
Articles 4-21: Personal, Legal, and Political Rights
• Articles 4-5 Personal Safety (freedom from
slavery; freedom from torture)
• Articles 6-11 Legal Rights (equality before the
law; right to justice, due process, and a fair trial)
• Articles 12-18 Personal Rights (rights to privacy,
movement, asylum, nationality, family, property,
and religion)
• Articles 19-21 Political Rights (freedom of
opinion and expression; freedom of assembly;
right to vote and participate in government)

Contd.
Articles 22-28: Social, Economic, and Cultural
Rights
• Article 22, 28 Social Rights (right to social
security; right to national and international
efforts to uphold human dignity; right to social
and international order that promotes human
rights)
• Articles 23-25 Economic Rights (right to work,
to receive fair pay, and to form a union; right to
leisure; right to a decent standard of living
including food, clothing, housing and medical
care, and help when one cannot work)

Contd.
• Articles 26-27 Cultural Rights (right to
education; right to participate in cultural
life; protection of intellectual and creative
products)
Articles 29-30: Duty and Responsibilities
• Everyone has duties to contribute to the
common good.
• Everyone is responsible for respecting and
upholding other people’s rights.
• Individuals or governments may not destroy
some rights in order to protect other rights.

Structure and Nature of ICCPR 1966
• Structure and Nature of Covenant are divided 6
parts
• Part 1 (Art 1, Right to Self-Determination)
Nature of Collective Rights
• It recognizes the right of all peoples to self-
determination, including the right to "freely
determine their political status, pursue their
economic, social and cultural goals, and manage
and dispose of their own resources. (assumes that
people (residents) are the master of country not to
foreigners or any others)

Contd.
• It also recognizes a negative rights of a people
not to be deprived of its means of subsistence,
and imposes an obligation on those parties still
responsible for non-self governing and trust
territories (colonies) to encourage and respect
their self-determination. (Respect the people
rights and handover the powers to people)
• Part 2 (Art 2 – 5) ( legal remedy, non-
discrimination and limitation)
• Duty of States. It obliges parties to legislate
where necessary to give effect to the rights
recognized in the covenant, and to provide an
effective legal remedy for any violation of those
rights.

Contd.
• Respect without discrimination. It also requires the
rights be recognized "without distinction of any
kind, such as race, color, sex, language, religion,
political or other opinion, national or social origin,
property, birth or other status,” and to ensure that
they are enjoyed equally by women.
• Nature of derogable and non-derogable) (rights are
not absolutes.The rights can only be limited "in
time of public emergency which threatens the life
of the nation,” and even then no derogation is
permitted from the rights to life, freedom from
torture and slavery, the freedom from retrospective
law, the right to personhood, and freedom of
thought, conscience and religion

Contd.
• Part 3 (Articles 6 – 27)
• Right to Physical Integrity :
• Physical integrity, in the form of the right to life and
freedom from torture and slavery (Art 6, 7, 8)
• Right to Liberty and Security of Persons:
• Liberty and security of the person, in the form of
freedom from arbitrary arrest and detention and the
right to Habeas Corpus (Art 9 – 11)
Right to Justice, Procedural fairness and rights of the
accused
• Procedural fairness in law, in the form of rights to
due process, a fair and impartial trial, the
presumption of innocence, and recognition as a
person before the law (Articles 14, 15, and 16)

Contd.
• Rights relating to freedom:( Art 12, 17, 18, 19, 21,
22)
• Individual liberty, in the form of the freedoms of
movement, thought, conscience and religion,
speech, association and assembly, ensure the
individual privacy
• Rights relating to family matters :
• The family is the natural and fundamental unit of
society and entitled to protection by society and
the State. Right to marriage with full consent and
found a family, ensure equality of rights and
responsibilities of spouses as to marriage, during
marriage and at its dissolution.

Contd.
• Right of child: Art 24
• Special protection, the right to a name, and the right to a
nationality for every child.
• Rights against War/Violence: Art 20
• Prohibition of any propaganda for war as
well as any advocacy of national or religious
hatred that constitutes incitement to
discrimination, hostility or violence by law
• Right to political participation: Art 25
• Political participation, including the right to
vote
• Right to minority of People: Art 26/27
• Non-discrimination, minority rights and
equality before the law .

Contd.
• Part 4 (Art 28 – 45)
• Governs the establishment and operation of the HRs
Committee and the reporting and monitoring of the
Covenant.
• It also allows parties to recognize the competence of
the Committee to resolve disputes between parties on
the implementation of the Covenant (Art 41 and 42).
• It clarifies that the Covenant shall not be interpreted as
interfering with the operation of the United Nations or
"the inherent right of all peoples to enjoy and utilize
fully and freely their natural wealth and resources.
• It governs ratification, entry into force, and amendment
of the Covenant.

Provision of Individual Complain
Mechanism
• The First OP to the ICCPRs is an international treaty
establishing an individual complaint mechanism for the
ICCPRs.
• It was adopted by the UN GA on 16 December 1966, and
entered into force on 23 March 1976.
• The OP required ten ratifications to come into force
• Parties agree to recognize the competence of the UN HRC
to consider complaints from individuals who claim their
rights under the Covenant have been violated.
• Complainants must have exhausted all domestic remedies,
and anonymous complaints are not permitted.
• The Committee must bring complaints to the attention of
the relevant party, which must respond within six months.
• Following consideration, the Committee must forward its
conclusions to the party and the complainant.

Abolition of Death Penalty
• The Second OP to the ICCPRs, aiming at
the abolition of the death penalty is a side
agreement to the ICCPRs.
• It was created on 15 December 1989 and
entered into force on 11 July 1991.
• The OP commits its members to the
abolition of the death penalty within their
borders, though Article 2.1 allows parties to
make a reservation allowing execution "in
time of war pursuant to a conviction for a
most serious crime of a military nature
committed during wartime

Introduction and Nature of ICESCR
• The International Covenant on ESCRs is a
multilateral treaty adopted by the UN GA on 16
December 1966 through GA. (Resolution 2200A, and
came in force from 3 January 1976.)
• It commits its parties to work toward the granting
of economic, social, and cultural rights to the
Non-Self-Governing and Trust Territories and
individuals, including labor rights and the right to
health, the right to education, and the right to an
adequate standard of living.

Background the enactment of Covenant
• The ICESCR has its roots in the same process that
led to the UDHR.
• A "Declaration on the Essential Rights of Man" had
been proposed at the 1945 San Francisco Conference
which led to the founding of the United Nations, and
the ECOSOC was given the task of drafting it.
• Early on in the process, the document was split into a
declaration setting forth general principles of human
rights, and a convention or covenant containing
binding commitments.
• The former evolved into the UDHR and was adopted
on 10 December 1948.

Contd.
• The former evolved into the UDHR and was
adopted on 10 December 1948.
• Drafting continued on the convention, but there
remained significant differences between UN
members on the relative importance of negative
civil and political versus positive economic,
social and cultural rights.
• These eventually caused the convention to be
split into two separate covenants, "one to contain
civil and political rights and the other to contain
economic, social and cultural rights.

Contd.
• The two covenants were to contain as many
similar provisions as possible, and be opened for
signature simultaneously.
• Each would also contain a similar article on the
right of all peoples to self-determination
• The first document became the ICCPRs, and the
second the International Covenant on Economic,
Social and Cultural Rights.
• The drafts were presented to the UN GA for
discussion in 1954, and adopted in 1966.

Basic Structure and Nature of Covenant
(31 Arts. and Five Parts)
• Part 1 : Article 1 recognizes the right of all
peoples to self-determination, including the right
to "freely determine their political status ‘pursue
their economic, social and cultural goals, and
manage and dispose of their own resources.
• It recognizes a negative rights of a people not to
be deprived of its means of subsistence, and
imposes an obligation on those parties still
responsible for non-self governing and trust
territories (colonies) to encourage and respect
their self-determination.

Contd.
• Part 2 (Articles 2–5) establishes the principle of
progressive realization
• Take steps... to the maximum of its available
resources, with a view to achieving progressively the
full realization of the rights recognized in the present
Covenant by all appropriate means, including
particularly the adoption of legislative measures.
• This is known as the principle of Progressive
realization.
• It acknowledges that some of the rights may be
difficult in practice to achieve in a short period of
time, and that states may be subject to resource
constraints, but requires them to act as best they can
within their means.

Contd.
• The requirement to "take steps" imposes a
continuing obligation to work towards the realization
of the rights. It also rules out deliberately regressive
measures which impede that goal.
• The Committee on ESCRs also interprets the
principle as imposing minimum core obligations to
provide, at the least, minimum essential levels of
each of the rights.
• If resources are highly constrained, this should
include the use of targeted programmes aimed at the
vulnerable.
• The Committee on ESCRs regards legislation as an
indispensable means for realizing the rights which is
unlikely to be limited by resource constraints.

Contd.
• The enacting of anti-discrimination provisions and
the establishment of enforceable rights with judicial
remedies within national legal systems are
considered to be appropriate means. Some
provisions, such as anti-discrimination laws, are
already required under other human rights
instruments, such as the ICCPR.
• It also requires the rights be recognized "without
discrimination of any kind as to race, color, sex,
language, religion, political or other opinion,
national or social origin, property, birth or other
status".
• The rights can only be limited by law, in a manner
compatible with the nature of the rights, and only for
the purpose of "promoting the general welfare in a
democratic society".

Contd.
• Part 3 (Articles 6–15) lists the rights themselves.
These include rights to
• Work, under "just and favorable conditions", with the
right to form and join trade unions (Art 6, 7, and 8)
• Social Security, including social insurance (Art 9)
• Family life, including paid parental leave and the
protection of children (Article 10)
• An adequate standard of living including adequate
food, clothing and housing and the "continuous
improvement of living conditions" (Article 11)
• Health, specifically "the highest attainable standard
of physical and mental health" (Article 12)

Contd.
• Education, including free universal primary
education, generally available secondary
education and equally accessible higher
education. This should be directed to "the full
development of the human personality and the
sense of its dignity", and enable all persons to
participate effectively in society (Art13 and 14)
• Participation in cultural life (Art 15)
• Part 4 (Articles 16–25) governs reporting and
monitoring of the Covenant and the steps taken
by the parties to implement it. It also allows the
monitoring body originally the UN ECOSOC,
now the Committee on Economic, Social and
Cultural

Contd.
• The States Parties shall reports to the Secretary-
General of the United Nations, who shall transmit
copies to the ECOSOC for consideration in accordance
with the provisions of the present Covenant.
• The SG shall also transmit to the specialized agencies
copies of the reports, or any relevant parts there from,
from States Parties to the present Covenant which are
also members of these specialized agencies in so far as
these reports, or parts there from, relate to any matters
which fall within the responsibilities of the said
agencies in accordance with their constitutional
instruments.
• The ECOSOC may transmit to the Commission on
Human Rights for study and general recommendation
or, as appropriate, for information the reports
concerning human rights submitted by States.

Contd.
• The ECOSOC may submit from time to time to the
General Assembly reports with recommendations of
a general nature and a summary of the information
received from the States Parties and the specialized
agencies on the measures taken and the progress
made in achieving general observance of the rights
recognized in the present Covenant.
• Part 5 (Art 26–31) governs ratification, entry into
force, and amendment of the Covenant.
• Any State Party may propose an amendment and file
it with the SG of the UNO. The SG shall thereupon
communicate any proposed amendments to the
States Parties to the present Covenant with a request
that they notify him whether they favour a
conference of States Parties for the purpose of
considering and voting upon the proposals

Contd.
• In the event that at least one third of the States
Parties favours such a conference, the SG shall
convene the conference under the auspices of the
UNO.
• Any amendment adopted by a majority of the States
Parties present and voting at the conference shall be
submitted to the GA of the UNO for approval.
• Amendments shall come into force when they have
been approved by the GA of the UNO and accepted
by a two-thirds majority of the States Parties to the
present Covenant in accordance with their respective
constitutional processes.
• When amendments come into force they shall be
binding on those States Parties which have accepted
them, other States Parties still being bound by the
provisions of the present Covenant and any earlier
amendment which they have accepted.

Major Provision of ICESCR
Right to work with dignity and freedom:
• Recognizes the dignity, identity and capacity
development: Article 6
Right to work to gain workers living by freely chosen
and accepted work; require appropriate steps to
upliftment of workers capacity (trainings); equal access,
non -discrimination to get employment and protect and
ensure the employment as well as the ensure the decent
work.
• Working conditions and facilities of workers: Article 7
Right of everyone to "just and favorable" working
conditions; fair wages with equal pay for equal work,
sufficient to provide a decent living for workers and their
dependants; safe working conditions; equal opportunity
in the workplace; and sufficient rest and leisure,
including limited working hours and regular, paid
holidays.

Contd.
• Nature of Political Rights, Art 8
• Right of workers to form or join trade unions and
protects the right to strike
• Right to social security, art 9
• The right of everyone to social security, including
social insurance.
• It requires parties to provide some form of social
insurance scheme to protect people against the
risks of sickness, disability, maternity,
employment injury, unemployment or old age; to
provide for survivors, orphans, and those who
cannot afford health care; and to ensure that
families are adequately supported.

Contd.
• Right to family life, art 10
• The Covenant recognizes the family as "the natural
and fundamental group unit of society", and requires
parties to accord it "the widest possible protection
and assistance".
• Parties must ensure that their citizens are free to
establish families and that marriages are freely
contracted and not forced.
• Parties must also provide paid leave or adequate
social security to mothers before and after childbirth.
• Finally, parties must take "special measures" to
protect children from economic or social
exploitation, including setting a minimum age of
employment and barring children from dangerous
and harmful occupations.

Contd.
• Right to an adequate standard of living, Art 11
• It recognizes the right of everyone to an adequate
standards of living. This includes, right to adequate
food, clothing, housing, and the continuous
improvement of living conditions.
• Right to health, art 12
• The Covenant recognizes the right of everyone to
"the enjoyment of the highest attainable standard of
physical and mental health".
• "Health" is understood not just as a right to be
healthy, but as a right to control one's own health and
body (including reproduction), and be free from
interference such as torture or medical
experimentation.

Contd.
• States must protect this right by ensuring that
everyone within their jurisdiction has access to the
underlying determinants of health, such as clean
water, sanitation, food, nutrition and housing, and
through a comprehensive system of healthcare,
which is available to everyone without
discrimination, and economically accessible to all.
• It requires parties to take specific steps to improve
the health of their citizens, including reducing infant
mortality and improving child health, improving
environmental and workplace health, preventing,
controlling and treating epidemic diseases, and
creating conditions to ensure equal and timely access
to medical services for all.

Contd.
• The right to health is interpreted as requiring parties to respect
women's‘ reproductive rights by not limiting access to
contraception or "censoring, withholding or intentionally
misrepresenting" information about sexual health.
• They must also ensure that women are protected from harmful
traditional practices such as female genital mutilation.
Right to free, compulsory and dignitary Education, Art 13
and 14
• It recognizes the right of everyone to free education (free
for the level and "the progressive introduction of free
education" for the secondary and higher levels)
• Education is seen both as a human right and as "an
indispensable means of realizing other HRs

Contd.
• It require parties to respect the educational
freedom of parents by allowing them to choose
and establish private educational institutions for
their children, also referred to as freedom of
education.
• It also recognizes the right of parents to "ensure
the religious and moral education of their
children in conformity with their own
convictions".
• The Committee on ESCRs interpret the Covenant
as also requiring states to respect the academic
freedom of staff and students, as this is vital for
the educational process.

Contd.
• It also considers corporal punishment in schools to
be inconsistent with the Covenant's underlying
principle of the dignity of the individual.
• The Covenant requires those parties which have not
yet established a system of free compulsory primary
education, to rapidly adopt a detailed plan of action
for its introduction "within a reasonable number of
years".
• Right to participation in cultural life, Art 15
• The Covenant recognizes the right of everyone
to participate in cultural life, enjoy the benefits
of scientific progress, and to benefit from the
protection of the moral and material rights to
any scientific discovery or artistic work they
have created.

Optional Protocol of ICESCRs
• The OP is a side-agreement to the Covenant which
allows its parties to recognize the competence of the
Committee on ESCRs to consider complaints from
individuals.
• The OP was adopted by the UN GA on 10 December
2008.
• It was opened for signature on 24 September
2009,and as of February 2013 has been signed by 40
parties and ratified by 22.
• Having passed the threshold of required ratifications
it has entered into force on 5 May 2013.
• The OP-ICESCR is an international treaty that
allows victims of violation of economic, social and
cultural rights, to present complaints at the
international level.

Committee of OP of ESCRs
• The Committee on ESCRs is a body of human
rights experts tasked with monitoring the
implementation of the Covenant.
• It consists of 18 independent HRs experts, elected
for four-year terms, with half the members
elected every two years.
• Unlike other human rights monitoring bodies, the
Committee was not established by the treaty it
oversees. Rather, it was established by the
Economic and Social Council following the
failure of two previous monitoring bodies.

Contd.
• All states parties are required to submit regular
reports to the Committee outlining the legislative,
judicial, policy and other measures they have taken
to implement the rights affirmed in the Covenant.
• The first report is due within two years of ratifying
the Covenant; thereafter reports are due every five
years.
• The Committee examines each report and addresses
its concerns and recommendations to the State party
in the form of "concluding observations".
• The Committee typically meets every May and
November in Geneva.

Dissimilarities provisions of UDHR and
ICCPR/ICESCR
• UDHR and two Covenants:
There are some rights which proclaimed in the
UDHR but not incorporated in ICCPR and
ICESCR.
• Right to Asylum under Article-14.
• Right to own property under Article17
• Right to social security under Article 22
• Right to proper social order in Article 28.
• Individual duty and responsibility Article 29/30

Contd.
• There have some rights which are contained in
the two covenants but not exists in UDHR.
• Right to self determination Art 1 ICCPR/ICESCR
• Right of a detained person under Article 10(1) in
ICCPR
• Right to free from imprisonment due to violation
of contractual obligations under Article 11.
• Right to special protection of children as under
Article 24 of ICCPR.
• Right of Minority under Article 27 of ICCPR.

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