Human rights

1. UNO ‘s declaration
 Everyone has the right to education
(Article 26:2)
 Education should be free atleast in the
elementary and in the fundamental
stages
 Elementary education shall be
compulsory.
 Technical and professional education
shall be equally accessible to all on
the basis of merit.

2.  Human rights education aims to
promote values, beliefs and attitudes
that encourage all individuals to
uphold their own rights and those of
others.
 Human rights education itself is a
fundamental human right and hence it
is the responsibility of every society.

3. 
The Preamble to the Universal
Declaration of Human Rights (UDHR)
says.

"every individual and every organ of
society" to "strive by teaching and
education to promote respect for these
rights and freedoms."

4.  The responsibility to respect, defend and promote
human rights is both individual and collective.
 Human rights education includes learning the skills of
advocacy.
 It also provides a basis for resolution of conflicts and
the promotion of social order.
 It can create a framework for analyzing and resolving
social conflicts.
 It will help to teach the skills of negotiation, mediation
and consensus.

5. THE OBJECTIVES AND
ELEMENTS OF HUMAN
RIGHTS EDUCATION
 Human Rights Education has the basic aim
of enabling people to understand human
rights, value human rights, and take
responsibility for respecting, defending, and
promoting human rights.
 The ultimate goal of human rights education
is people working together to bring about
human rights, justice, and dignity for all.

6. Essential elements of human
rights education.
 i) Learning about the inherent dignity of all people and
their rights;

ii) Learning about human rights principles, such as the
universality, indivisibility, and interdependence of
human rights;

iii) Learning how human rights promote participation in
decision making and the peaceful resolution of
conflicts;
 iv) Learning the history and continuing development
of human rights;

7.  v) Learning regional, national, international
laws that reinforces human rights and how
to use such laws to prevent human rights
violations;
vi) Learning about human rights violations
such as torture, genocide, violence
against women, children and other weaker
sections of the society.

8. Human rights education should
improve the skills for
a) recognizing that human rights may be promoted
and defended on an individual, collective, and
institutional level;
b) developing critical understanding of life situations;
c) analyzing situations in moral terms;
d) recognizing a personal and social stake in
protecting human rights;

9. e) analyzing factors that cause human rights
violations;
f) learning how to use global, regional,
national, and local human rights
instruments and mechanisms for the
protection of human rights;
g) developing appropriate responses
against injustice;

10.  Administrators of Justice including law enforcement
personnel, including police and security forces, prison
officials, lawyers, judges, and prosecutors.
Government and legislative officials including the members
of the legislature, officials, elected and appointed members
of the military. Professionals like educators, social workers,
health professionals, journalists and media representatives.
Associations and women's organizations,
Community activists and civic leaders, minority groups,
members of the business community and trade unionists,
Religious leaders, children, youth, students at all levels of
education, Refugees, displaced persons and migrant
workers.

11. Human Rights of Prisoners

12.  The word prisoner means any person
who is kept under custody in jail or
prison because of commitment of an
action prohibited by law of the land.

13. Basic rights of prisoners.
 Right to food and water,
 Right to have an advocate to defend
himself,
 Right to protection from torture,
violence and racial harassment.

14. International human rights
standards for prisoners
 International Covenant on Civil and
Political Rights (ICCPR);
 The Convention against torture and
other cruel, inhuman or degrading
treatment or punishment.

15.  Article 10 of the ICCPR insists that all
persons deprived of their liberty
shall be treated with humanity and
with respect for the inherent dignity
of the human person. It also requires
that "the reform and social re-
adaptation of prisoners shall be an
"essential aim" of imprisonment.

16.  There are several other international
understandings, guidelines and
documents aimed to protect the
human rights of prisoners. The most
comprehensive guideline among them
is the United Nations Standard
Minimum Rules for the Treatment of
Prisoners (known as the Standard
Minimum Rules)

17. The other documents relevant
to an evaluation of prison
conditions
i) Body of Principles for the Protection of
All Persons Under Any Form of Detention
or Imprisonment;
ii) Basic Principles for the Treatment of
Prisoners; and The United Nations
Standard Minimum Rules for the
Administration of Juvenile Justice and,
with regard to juvenile prisoners known
as the "Beijing Rules".

18. Basic Principles for the
Treatment of Prisoners
 All prisoners shall be treated with the
respect due to their inherent dignity
and value as human beings.
 It is desirable to respect the religious
beliefs and cultural precepts of the
group religion, political or other
opinion, national or social origin, birth
or other status.

19.  There shall be no discrimination on
the grounds of race, colour, sex,
language, of society against crime.
 All prisoners shall retain the human
rights and fundamental freedoms set
out in the Universal Declaration of
Human Rights.

20.  All prisoners shall have the right to
take part in cultural activities and
education aimed at the full
development of the human
personality.
 Efforts for the abolition of solitary
confinement as a punishment should
be undertaken and encouraged.

21.  Conditions shall be created so as to
enable the prisoners to undertake
meaningful employment after
confinement. This will facilitate their
reintegration into the mainstream of
the society and will contribute to the
financial support of their families.

22.  Prisoners shall have access the health
services available in the country
without discrimination on the grounds
of their legal situation.
 With the participation and help of the
community, favourable conditions shall
be created for the reintegration of the
ex-prisoner into society under the best
possible conditions.

23. Indian Law regarding the
human rights of Prisoners
1. The Prisons Act 1894
 Accommodation and sanitary conditions for
prisoners.
 Provisions relating to mental and physical
state of prisoners.
 Examination of prisoners by qualified medical
officer.
 Separation of prisoners for male, female,
criminal, civil, convicted and under trial
prisoners.
 Provisions for treatment of under trials, civil
prisoners, parole and temporary release of
prisoners.

24. 2. The Prisoners Act 1900
 It is the duty of the government to
remove any prisoner who is of
unsound mind, to a lunatic asylum and
give proper treatment.
 A prisoner shall be permitted liberty on
granting of pardon by any High court,
based on the recommendations of the
government.

25. The Transfer of Prisoners Act,
1950
 This act was enacted for the transfer
of prisoners from one state to another
for rehabilitation or vocational training
and from over-populated jails to less
congested jails within the state.

26. The Prisoners (Attendance in
Courts) ACT, 1955
 This Act contains provisions
authorizing the removal of prisoners to
a civil or criminal court for giving
evidence or for answering to the
charge of an offence.
 All these Acts and Rules are aimed to
ensure that there is no violation of
human rights inside prisons.

27. National Human Rights
Commission (NHRC)

28. What is the National
Human Rights
Commission (NHRC)?
 It is a standalone entity of the
Government of India with the mission
of promoting and protecting human
rights.
 It is a statutory body mentioned in
the constitution of India
 Established in 1993 under the
‘Protection of Human Rights Act.’
 This act was further amended in 2006.

29. What is the National Human
Rights Commission (NHRC)?
 Human Rights are an indispensable part of society and
Human Rights in India are watched by NHRC.
 NHRC acts as a watchdog of human rights in the
country.
 NHRC looks over the rights that are related to life,
dignity, liberty and equality of the individual that is
defined in Section 2(1) of the PHR Act.
 They are guaranteed by the Constitution of India,
embodied in the international covenants and are
enforceable by the courts of India as well.
 NHRC was established in compliance with the Paris
Principles of Human Rights, 1991 which were adopted
for the promotion and protection of Human Rights and
were endorsed by theUnited Nations at its General
Assembly of 1993

30. What is the role of NHRC?
 The National Human Rights Commission
or NHRC is a standalone entity of the
Government of India with the mission of
promoting and protecting human rights.
 The functions of the National Human
Rights Commission (NHRC) as stated in
Section 12 of the Protection of Human
Rights Act,1993 includes enquiry into
complaints of violation of human rights or
negligence in the prevention of such
violation by a public servant.

31. History
 In 1948, the UN adopted the UDHR
(Universal Declaration of Human Rights).
 In 1991, the Paris Principles were established
by the National Human Rights Institutions
(NHRIs).
 In 1993, the UN adopted these Paris
Principles at its General Assembly.
 In 1993, India enacted the Protection of
Human Rights Act.
 This led to the formation of the National
Human Rights Commission (NHRC).
 The Protection of Human Rights Act also
allowed state governments to establish the
State Human Rights Commission.

32. NHRC Composition – Members
of NHRC
 The National Human Rights
Commission (NHRC) is composed of
a Chairperson and eight other
members.
 Those eight members are:
 Four full-time members.
 Four deemed members.

33. Composition of NHRC
 Chairman of NHRC Retired Chief Justice of India
 Member 1 One who is/has been a Judge of Supreme
Court of India
 Member 2 One who is/has been a Chief Justice of a
High Court
 Two Members Candidates with the knowledge or
practical experience in the matters of Human Rights
 Deemed Members Deemed members are
chairpersons of the below national commissions:
 National Commission for Minorities
 National Commission for Scheduled Castes
 National Commission for Scheduled Tribes
 National Commission for Women

34. Appointment of NHRC Members
 A Selection Committee will
recommend the candidates to the
President.
 The Selection Committee includes:
 Prime Minister (Chairman)
 Speaker of Lok Sabha
 Union Home Minister
 Deputy Chairman of Rajya Sabha
 Leaders of the Opposition in both
Houses of the Parliament

35. Functions & Powers of NHRC
 The functions of the National Human Rights Commission (NHRC) as
stated in Section 12 of the Protection of Human Rights Act,1993 includes
enquiry into complaints of violation of human rights or negligence in the
prevention of such violation by a public servant.
 The Commission also studies treaties and international instruments on
human rights and makes recommendations for their effective
implementation to the Government.
 NHRC can investigate any complaints related to violations of Human
Rights in India
 NHRC can interfere in any judicial process that involves any allegation
of violation of Human Rights.
 It can visit any prison/institute under the control of the state governments
to observe the living conditions of inmates. It can further make
recommendations based on its observations to the authorities.

36.  NHRC can review the provisions of the Constitution
that safeguard Human Rights and can suggest
necessary restorative measures.
 Research in the field of Human Rights is also promoted
by the NHRC.
 Human Rights awareness and literacy through different
media are promoted by NHRC in various sectors of
society.
 NHRC has the power to recommend suitable steps that
can prevent violation of Human Rights in India to both
Central as well as State Governments.
 The President of India gets an annual report from
NHRC which is laid before both the Houses of the
Parliament.

37. Limitations
 The Recommendations made by the NHRC
are not binding.
 Violation of Human rights by private parties
cannot be considered under NHRC
Jurisdiction.
 NHRC doesn’t have the power to penalise
the authorities that don’t implement its
recommended orders.
 3 of the NHRC members are judges which
give the functioning of the Commission a
judicial touch.
 The other members that are recommended
by the Selection Committee may not
necessarily be Human Rights experts.

38. The NHRC does not consider the
following cases:
 Cases that are older than one year.
 Cases that are anonymous,
pseudonymous or vague.
 Frivolous cases.
 Cases pertaining to service matters.
 The NHRC has limited jurisdiction over
cases related to armed forces.
 The NHRC faces other issues like
excess cases/complaints, insufficient
funds, bureaucratic functioning style, etc.