WWII Broke out – Hitler Kills No human rights United Nations (1945) approximately 9 million people Universal Declaration ofCyrus the Great (Cyrus Gandhi Protests (1915) Human Rights (1946- Cylinder) 1948) French Revolution (1789) : Declaration of Rome’s Natural Law Rights and Man of the Citizen (NATURAL RIGHTS)Kings were limited of United State’s their rights by their Declaration ofsubjects; Magna Carta Independence: Individual(1215) and Petition of Rights and Right of Rights (1628) Revolution (1776)
UDHR The International Covenant on Civil Not a binding Derives its and Political RightsPassed on: part of power from and theDecember International the UN International Covenant on 10, 1948 Law Charter Economic, Social and Cultural Rights Article Approved Binding 55 on 1966 treaties “all the members to Expand and promote universal provide details respect for and obedience of human to principles rights and fundamental bodied by the freedoms”. UDHR.
Definition of Human Rights“ Human: noun A member of the Homo sapiens species; a man, woman or child; a person. Rights: noun Things to which you are entitled or allowed; freedoms that are guaranteed. Human Rights: noun The rights you have simply because you are human. ”
Humanitarian Law aims to protect people who do not orare no longer taking part in hostilitiesapplies in situations of armed conflict
Developed through practice and then through treaty law; contains avery large number of detailed rules that reflect the balance.
HumanitarianHuman Rights Law protect the applies during individual at all armed conflict times, in war and situations and those peace alike. of occupation. individuals and military necessity State and humanity can be international international in or regional scope
Right to benefitRight to economic Right to prosperity from economic development growth Right to a healthy Right to social environment, clean harmony air and water, etc.
International Humanitarian Law (IHL) Also known as the Law of Armed Conflict (LOAC), IHL is a branch of Public International Law and constitutes a subset of Human Rights Law.It becomes operational only during times of armed conflict.
International humanitarianlaw is rooted in the rules ofancient civilizations andreligions – warfare hasalways been subject tocertain principles andcustoms.
The Geneva Law as it hasevolve since the Battle ofSolferino in 1895 concerned itselfmainly for the protection of thevictims of war while Hague Lawfocused on the limitations of themeans and methods of warfare.
Ottawa Treaty of1997 that bannedthe production, useand transfer of antipersonnel mines.
Categories of IHL1. Treaties on the protection of victims of war, e.g., Geneva Conventions I-IV and two additional 1977 Protocols Protocol I Protocol II
2. Treaties on the limitation and/ or prohibition of different types of arms e.g. The Hague Law3. Treaties on the protection of certain objects, e.g., the protocol for the protection of cultural property in the event of armed conflict4. Treaties governing international jurisdiction (repression of crimes) i.e., the Statute of the International Criminal Court, Rome, 1998
Natural RightsConstitutional Rights• Political Rights• Civil Rights• Rights of an accusedStatutory Rights
Natural Rights These Rights are naturally conferred upon a person by his creator as human and rational being, which are so indispensable and inalienable. A person needs not to invoke the source of his right, as right to life, for example is an inherent one.
Constitutional Rights They are those rights which are conferred and protected by the Constitution. Since they are part of the fundamental law, they cannot be modified or taken away by the law-making body.
Division of Constitutional Rightsa. Political Rights. The opportunity granted to the citizens to take part in the establishment or administration of the state known as political rights.b. Civil Rights. Those rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of livelihood.c. Rights of the Accused. Those rights intended for the protection of a person who is accused of any crime.
Statutory Rights They are those rights which are provided by laws promulgated by law- making body and. Consequently, may be abolished by the same body.