Human Rights, women rights, child rights, Anti Torture convention, Indigenous people, disabled persons & internally displaced persons

1. Human Rights - 4th Unit
CEDAW, CRC, CAT
- By:- SMITA SATAPATHY

2. Committee on the Elimination of
Discrimination Against Women- CEDAW
• There are certain groups of human beings who r by
nature or because of deep-rooted customs are
weak & vulnerable- such as women, child etc
• Advancement of women has been a focus of Un
since its creation
• The Preamble of the Charter of the UN sets as a
basic goal to reaffirm faith in fundamental HR, in
the dignity & worth of the human person, in the
equal rights of men & women
• In 1946, the Commission on the Status of Women
was established to deal with women issues

3. • GA adopted a declaration on Elimination of
Discrimination against Women- on Nov. 1967
• Convention on the Elimination of All forms of
Discrimination Against Women was adopted by the
GA on Dec. 18, 1979 after 5 years of consultations
with the Commission on the Status of Women (CSW
• Convention often described as an Intl. bill of Rights
for Women came into force on Sept. 3, 1981
• How Many State Parties?- as on May 4, 2014- 188
• Convention on the Elimination Against Women
was adopted- Dec. 18, 1979
• Came into force- Sept. 3, 1981

4. Structure of the Convention
-Total 30 Articles in the Convention
• Divided in 6 Parts:-
• 1st Part- Art. 1 to A. 6
• 2nd Part- Art. 7 to A. 9
• 3rd Part- Art. 10 to A. 14
• 4th Part- Art. 15 to A. 16
• 5th Part- Art. 17 to A. 22
• 6th Part- Art. 23 to A. 30

5. • Preamble- explains that, despite the existence of
other instruments, women still do not have equal
rights with men. Discrimination against women
continues to exist in every society
• Art 1- ‘discrimination against women’- defined- any
distinction, exclusion or restriction made on basis of
sex which has the effect or purpose of impairing the
recognition of enjoyment or exercise by women
• Art 2- state parties to condemn discrimination
against women in all its form
• - principle of equality of men & women

6. • - adopt legislative measures prohibiting all
discrimination against women
• -establish legal protection of rights
• Part III- lays down no. of field where state parties
require steps to eliminate
• 1- Education- Art. 10
• 2- Employment- Art. 11
• -right to work
• -right to same employment
• -right to free choice of profession
• -right to equal remuneration
• -right to social security

7. • 3- Healthcare- Art. 21
• 4- Economic & Social Life-
• -right to family benefit
• -right to bank, loans, mortgages
• -participate in recreational activities
• 5- women in rural areas- especially in
implementation of development planning
• 6- Equality before Law- Art. 15
• 7- Marriage and family relations- Art. 16
• Convention under A. 17 made a Prov. For the
establishment of CEDAW for the purpose of
considering progress made in the implementation
of the provisions of the Convention

8. Implementation
• Committee on Elimination of Discrimination against
Women-
• -18 members (initially)- then after ratification – 23
members
• -state parties report periodically to committee a
report on legislative, judicial & other measures
• Commission submit the report & also makes
suggestion based on their considerations
• Oversee implementation of the Act
• Submit report to General Assembly annually

9. Optional protocol
• Oct. 7, 1999
• Allow individual/ group of individuals to complain
• State parties- reply within 6 months
• Inquiry procedure- allows the committee to initiate
confidential investigation, may visit territory
• Beijing Conf.- 1995 (draft program of Action)
• UN- GA- special session on women- 2000
• Beijing + 5- full implementation of goals
• Beijing + 10- made clear that gender equality need
to be placed at centre for human development

10. C. B. Muthama v. UOI- AIR SC 1979
• AIR SC 1979 1868
• Validity of IFS Rules 1961 provided no married
women to be appointed to the services and a
women member shall obtain permission in writing
before marriage
• SC held that this rule denied the right to be
appointed on the ground that the candidate is
married is discriminatory against women

11. AIR India v. Nargesh Mirza
• AIR 1981 SC 1829
• The rules- that condition of services shall be
terminated on 35 years, first pregnancy to
marriage within 4 years.
• Court held that rule for termination on 1st
pregnancy is unreasonable and violative of
Art. 14

12. Vishaka v. State of Rajasthan
• AIR 1997 SC 3011
• A writ petition was filed by SC by social activists &
NGOs to prevent sexual harassment of women in all
work places.
• SC observed that there is no law to check sexual
harassment at workplace, but contents of CEDAW
should be imported to domestic law
• Sexual harassment violation of Gender Equality & Right
to life
• Sexual Harassment of Women at Workplace
(Prevention, Prohibition & Redressal) Act, 2013
• Internal Complaint Committee
• Local Complaint Committee

13. CHILD
• UDHR- under Para 2 of A. 25 that childhood is
entitled to special care & assistance
• The principles of UDHR- incorporated in the
Declaration of the Rights of the Child adopted by
the GA on Nov. 20, 1959
• ICCPR- Art. 23 & Art. 24 and ICESCR- Art. 10- made
provisions for care of the Child
• The Convention on the Rights of the Child (CRC) was
adopted by the GA by consensus, on the 30th
Anniversary of the Declaration on Nov. 20, 1989
• -came into force on Sept. 2, 1990

14. • As on May 4, 2014- CRC had 194 State Parties
• How many State Parties as on 15th Nov, 2019???
• CRC has 54 Articles and is divided into 3 Parts
• CRC is the 1st globally binding treaty for the
protection of children’s civil, political, economic,
social and
• Structure:
• Part I- Article 1 to Art. 41
• Part II- Art. 42 to Art. 45
• Part III- Art. 46 to Art. 54

15. • Article 1 -For the purposes of the present
Convention, a child means every human being
below the age of eighteen years unless under the
law applicable to the child, majority is attained
earlier.
• Rights of the Child:
• Right to life (A. 6, Para 1)
• Right to acquire nationality (Art. 7)
• Right to freedom of expression (A. 13, Para 1)
• Right to freedom of thought, conscience & religion
(Art. 14, Para 1)

16. • Right to freedom of association & to freedom of
peaceful assembly (A. 15, Para 1)
• Right to privacy (A. 16)
• Right to family environment (A. 20)
• Right to education (A. 28, Para 1)
• Right to benefit from social security (A. 26, Para 1)
• Right to a standard of living adequate for the child’s
physical, mental, spiritual & social development
(A.27, Para 1)
• Right to the enjoyment of the highest attainable
standard of health & to facilities for the treatment
of illness & rehabilitation of health (Art. 24, Para 1)

17. • Right to the protection of the law against arbitrary
or unlawful interference with his or her privacy,
family, home or correspondence (Art. 16, Para 1)
• Right against exploitation of child labour (Art. 32)
• Right against sexual exploitation (Art. 34)
• Right against abduction, sale or traffic (Art. 35)
• Right against other forms of exploitation prejudicial
to any aspect of child’s welfare (Art. 36)

18. Implementation Procedure:
• A Committee on the Rights of the Child has been
monitoring the Convention since 1991
• Art. 43 of CRC- Committee composed of 10 experts
of high moral standing & recognized competence
• Members of the Committee r elected for a term of 4
years & r eligible for re-election
• Members r elected by secret ballot from a list of
persons nominated by State Parties
• Each State party may nominate 1 person from
among its own nationals

19. • Article 44
• 1. State parties undertake to submit to the
Committee, through the Secretary gen. of the UN,
reports on the measures they have adopted which
give effect to the rights recognized there in and on
the progress made on the enjoyment of those
rights- Art 44, Para 1
• States r required to submit their 1st report within 2
yrs & thereafter every 5 yrs
• Progress report need to be submitted-
• (a) Within two years of the entry into force of the
Convention for the State Party concerned;
• (b) Thereafter every five years.

20. • 2. Reports made under the present article shall
indicate factors and difficulties, if any, affecting the
degree of fulfilment of the obligations under the
present Convention. Reports shall also contain
sufficient information to provide the Committee with
a comprehensive understanding of the
implementation of the Convention in the country
concerned.
• 3. A State Party which has submitted a comprehensive
initial report to the Committee need not, in its
subsequent reports submitted in accordance with
paragraph 1 (b) of the present article, repeat basic
information previously provided.
• 4. The Committee may request from States Parties
further information relevant to the implementation of
the Convention.

21. • 5. The Committee shall submit to the General Assembly,
through the Economic and Social Council, every two years,
reports on its activities.
• 6. States Parties shall make their reports widely available to
the public in their own countries.
• Article 46-
• (c) The Committee may recommend to the General Assembly
to request the Secretary-General to undertake on its behalf
studies on specific issues relating to the rights of the child;
• (d) The Committee may make suggestions and general
recommendations based on information received pursuant to
articles 44 and 45 of the present Convention. Such
suggestions and general recommendations shall be
transmitted to any State Party concerned and reported to the
General Assembly, together with comments, if any, from
States Parties.

22. Optional Protocols to CRC
• 2 Optional protocols to the Convention on CRC were
adopted on May 25, 2000 in NY-
• 1- OP on the Involvement of Children in Armed
Conflict- came into force on Feb. 12, 2002.
• 2- OP on the Sale of Children, Child Prostitution &
Child Pornography- came into force on Jan. 18, 2002
• 3- OP to the Rights of the Child on a Communication
Procedure: in order to provide complaint
mechanism to the children, this OP was adopted on
Dec. 19, 2011 & came into force on April 14, 2014

23. A Signatory State to a Treaty
• The term “signatory” refers to a State that is in political
support of the treaty and willing to continue its
engagement with the treaty process. This intent is
codified as a “signature” submitted to the qualifying
international body with oversight of the treaty or the
authoritative body defined by the treaty.
• Essentially, the treaty has not yet entered into force for
that particular State. States may sign a treaty in
advance of their domestic processes required for treaty
ratification.
• A signatory State agrees to act, in good faith, “not to
defeat the object and purpose” of the treaty.
• A signatory is not legally bound by a treaty’s specific
provisions and obligations.

24. A State Party to a Treaty
• The term “party” refers to a State that gives its
explicit consent to be bound by the treaty. This
explicit consent generally is in the form of an
instrument of ratification, acceptance, approval,
or accession. The State submits this instrument to
the appropriate authoritative body for that treaty. If
all the formal requirements are met and the
instrument is accepted, the State officially becomes
a party to the treaty.
• A party is legally bound by the provisions within the
treaty and accepts all the treaty’s obligations,
subject to legitimate reservations, understandings,
and declarations

25. The difference between signing and ratification
• A number of steps need to be taken before a treaty
enters into force. The states involved first conduct
negotiations. Once they reach agreement, the treaty is
signed.
• Signing: agreement between national delegations
• The negotiations that precede a treaty are conducted
by delegations representing each of the states involved,
meeting at a conference or in another setting. Together
they agree on the terms that will bind the signatory
states. Once they reach agreement, the treaty will be
signed, usually by the relevant ministers. By signing a
treaty, a state expresses the intention to comply with
the treaty. However, this expression of intent in itself is
not binding.

26. • Ratification: approval of agreement by the state
• Once the treaty has been signed, each state will
deal with it according to its own national
procedures. In few countries, parliamentary
approval is required.
• In India it has to be approved by the Indian
parliament
• After approval has been granted under a state’s
own internal procedures, it will notify the other
parties that they consent to be bound by the treaty.
This is called ratification. The treaty is now officially
binding on the state.

27. CRC in relation with Indian Constitution
• Article 23- Prohibition of traffic in human beings
and forced labour-
• Article 24- Prohibition of Employment of children in
factories, etc
• Article 23 & 24 of Indian Constitution deal with the
Right against Exploitation. Article 23 prohibits the
traffic in human beings and forced labor such as
begar. Article 24 prohibits the employment of
children below 14 years of age in hazardous work.
• Article 24 to be read with Article 39(e) and (f). -It
ensures safety and healthy life of children.

28. Art.23-
• In the case of People’s Union for Democratic Rights v. Union of
India, [AIR 1982 SC 1473] the Supreme Court interpreted the
ambit of Article 23. Bhagwati J. held as follows-
• “The scope of Article 23 is vast and unlimited. It is not merely
‘begar’ which is prohibited under this Article. This Article
strikes at forced labour in whichever form it may exist as it
violates human dignity and opposes the basic human values.
Hence, every form of forced labour is prohibited by Article 23
without considering whether forced labour is being paid or
not. Also, no person shall be forced to provide labour or
services against his will even if it is mentioned under a
contract of service. The word ‘force’ has a very wide meaning
under Article 23. It not only includes physical or legal force but
also recognizes economic circumstances which compel a
person to work against his will on less than minimum wage. It
was directed by the court to Government to take necessary
steps punishing the violation of the fundamental rights of the
citizens guaranteed under Article 23 by private individuals.”

29. Art. 24
• In People’s Union for Democratic Rights v. Union of India,
[“Asiad Workers Case” some people including few children
below the age of 14 were employed in the construction work
of the Asiad Project in Delhi. It was contended that the
Employment of Children Act, 1938 was not applicable in the
case of children employed in construction work since
construction industries were not specified in the schedule of
the Children Act. Bhagwati J. held that-
• “The contention given by the Government is not at all
acceptable. The construction work is hazardous employment
and therefore, the children below 14 years must not be
employed in the construction work even if the construction
work is not specifically mentioned under the schedule of the
Employment of Children Act, 1938. The State Government is
advised to take immediate necessary steps in order to include
the construction work in the schedule of the Act and to ensure
that Article 24 is not violated on any part of the country.”

30. • In the case of M. C. Mehta v. State of Tamil Nadu, [AIR 1997 SC
669] a public lawyer M. C. Mehta filed a PIL under Article 32 and
informed the court about how the children are engaged in Sivakasi
Cracker Factories. Although the Constitution prohibits exploitation
and employment of children under Article 24, it also directs the
State to provide free and compulsory education to them
under Article 41 and still there exists a large number of children
working in hazardous places. Despite the Constitutional provisions
and various enactments passed by many State Governments
prohibiting child labour, the issue of child labour has remained
unsolved and is becoming a menace to society day by day. It was
held by Hansaria J. that-
• “The children below 14 years cannot be employed in hazardous
activities and state must lay down certain guidelines in order to
prevent social, economic and humanitarian rights of such children
working illegally in public and private sector. Also, it is violative of
Article 24 and it is the duty of the state to ensure free and
compulsory education to them. It was further directed to establish
Child Labour Rehabilitation Welfare Fund and to pay compensation
of Rs. 20,000 to each child.”

31. Legislations for Protection of Child Rights
• To accomplish the obligations carried by Article 24 and in certain international instruments like the
UN Convention on the Rights of the Child , the Parliament of India enacted some acts for the
welfare and prosperity of children.
• The Employment of Children Act, 1938: This Act prohibits the employment of children below the
age of 14 in the railways and other means of transport.
• The Child Labour (Prohibition and Regulation) Act, 1986: This Act prohibits the engagement of
children in certain employments and regulates the condition of employment of children where
they are not prohibited to work.
• The Mines Act, 1952: This Act explicitly mentions that a person working in the mine should not be
less than 18 years. Thus, prohibiting employment of children in mines.
• The Factories Act, 1948: It prohibits the employment of children below 14 years in factories. This
Act prescribes certain restrictions and proper procedure for employing children above the age of
14 years.
• The Plantation Labour Act, 1951: This Act fixes the minimum age of employment as 12 years and
further lays down provision for periodical fitness checkup for children above 12 years who are
employed.
• The Motor Transport Workers Act, 1961: This Act prohibits the employment of children under the
age of 15 years in the motor transport sector.
• The Apprentices Act, 1961: This Act prohibits the children below 14 years to undergo
apprenticeship training.
• The Beedi and Cigar Workers (Condition of Employment) Act, 1966: It prohibits the employment
of children below 14 years of age in any industrial premises manufacturing bidis and cigars.

32. Commission for Protection of Child Rights Act (2005)
• In order to give effect to the policies adopted by the
Govt. for the protection of the rights of the child the
Commission for the Protection of the Child Rights Act,
2005 was enacted on January 20, 2006
• Commission Shall consist of Chairperson who shall b a
person of eminence & has done outstanding work for
promoting the welfare of children & 6 members, out of
which at least 2 shall b women, to b appointed by
Central Govt.
• Office of Commission shall b at Delhi
• Comm. Shall perform functions as provided under
Section 13 of the Act.
• Under Sec. 25 it laid down provision for speedy trial of
offences against children or violation of child rights- St.
Govt. through CJ of HC may have Children’s Court

33. Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
• UDHR under Art. 5 & ICCPR under Art. 7 had
provided that No one shall be subjected to torture
or to cruel, inhuman, degrading treatment or
punishment.
• Convention adopted on December 10, 1984
• Came into force on June 26, 1987
• As on May 4, 2014; the Convention had 155 State
Parties
• As on Nov 20, 2019, how many State Parties?
• Torture is defined under Art.1-

34. Structure
• Total 33 Articles & 3 Parts
• Part I- Art. 1 to Art. 16
• Part II- Art. 17 to Art. 24
• Part III- Art. 25 to Art. 33
• Implementation Procedure:
• A- Committee Against Torture (CAT)
• B- Inter- State Communication System
• C- Individual’s Communication System

35. Article 1:
• 1. For the purposes of this Convention, the term
"torture" means any act by which severe pain or
suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining
from him or a third person information or a confession,
punishing him for an act he or a third person has
committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for
any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation
of or with the consent or acquiescence of a public
official or other person acting in an official capacity. It
does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions.

36. • Under Article 2 of the Convention:-
• 1. Each State Party shall take effective legislative,
administrative, judicial or other measures to
prevent acts of torture in any territory under its
jurisdiction.
• 2. No exceptional circumstances whatsoever,
whether a state of war or a threat of war, internal
political instability or any other public emergency,
may be invoked as a justification of torture.
• 3. An order from a superior officer or a public
authority may not be invoked as a justification of
torture.

37. Implementation Procedure
• 1- Committee Against Torture: CAT consists of 10
Independent experts of high moral standards &
recognized competence in filed of HR.
• They r elected by State Parties- For a term of 4 years
& r eligible for re-election
• Art. 19- The Committee required to consider
reports submitted by State Parties on the measures
they have taken to give effect to their undertaking
under the Convention- Comm. May make general
comments
• Art. 20- comm. May invite SP where torture is
practiced to cooperate in the examination of the
info. & to submit observations to this end

38. • The Committee required to perform functions in
relation to Inter-State Communication System
u/A.21) & Individual’s Comm. System u/A.22
• 2- Inter-State Comm. Sys:- similar to the provisions
laid down under Article 41 of ICCPR-Read Art. 21
• 3- Individual’s Comm. Sys: Read Art. 22
• Special Rapporteur on Torture- appointed by The
Commission on HR in 1985
• Optional Protocol on Convention Against Torture-
• Adopted on Dec. 18, 2002
• Came into force on June 22, 2006

39. • Disabled Persons
• Indigenous Peoples
• Internally Displaced Persons (IDPs)

40. IDPs
• IDPs r different from refugees as they r displaced
from 1 area to another within the borders of their
own country
• IDPs may b defined as persons who have been
forced to flee their homes suddenly & unexpectedly
in large numbers as a result of armed conflict,
violations of HR or natural or man-made disaster
• Main apathy their jurisdiction falls within the
domestic jurisdiction of a State & UN may not
intervene in such matters- as per A.2 P 7 of Charter
• For intl. peace & security- SC may take action under
Chapter VII of UN Charter

41. • UNHCR- (United nations High Commissioner for
Refugees) involved in supplying material aid to IDPs
since 1970 in few countries
• Later Guiding principles on Internal Displacement
were prepared by the Representative of Secretary-
General on Internally Displaced Persons, Mr. Francis
Deng which was submitted to the Commission on
Human Rights in 1996
• The Commission requested the Representation to
develop a normative framework to enhance the
protection of IDPs.
• Then a set of new principles introduced by General
Resolution in 1998 & IDPs properly defined

42. • The UN in response to the severe crisis of IDPs has
set up a new unit in 2002 i.e. Unit on Internal
displacement (UID) to provide expertise and to
advise and support the UN under Secretary General
for Humanitarian Affairs & Emergency Relief
Coordinator and to guide the response of the Inter-
Agency Standing Committee (IASC)
• The Unit will take the help from UNICEF, UNDP,
UNHCR, WFR, IOM & NGO
• The Unit is located in the office for the Coordination
of Humanitarian Affairs (OCHA) in Geneva

43. Disabled Persons
• Who is a Disabled person?
• More than 650 million persons in the world suffer
from mental & physical disability
• They r treated rudely, discriminated & lower
standard of living; Given poor paid jobs
• Article 1- of the Convention on the Rights of
persons with Disabilities, 2006- provides Persons
with disabilities include those who have long-term
physical, mental, intellectual or sensory impairment
which in interaction with various barriers many
hinder their full & effective participation in society
on an equal basis with others

44. • In order to promote 7 protect the right & dignity of
persons with disabilities GA on Dec 19, 2001
established an Ad hoc Committee; for the
preparation of a comprehensive & integral intl.
convention on the protection & promotion of the
Rights & dignity of persons with disabilities.
• The Ad Hoc Committee in June 2003 decided to
establish a Working Group with the aim of
preparing & presenting a draft text of Convention
• GA on Dec 13, 2006 adopted by consensus the
Convention on the Rights of persons with
Disabilities & came into force on May 3, 2008
• There is a Committee & Optional Protocol

45. Indigenous Peoples
• IP or aboriginal peoples r those who were living on
their lands before settlers came from elsewhere
• Also called as ‘First peoples’
• ILO for the 1st time in 1953 completed a study that
led to the adoption of a Convention in 1953 on the
Rights of Indigenous & Tribal Populations
Convention
• Then the ILO in 1989 adopted another Convention
which is known as the Convention concerning
Indigenous & Tribal Peoples in Independent
Countries.
• The Convention came into force on Sept. 5, 1991

46. • Declaration on the Rights of Indigenous people- The
Working Group on Indigenous population was
established in 1982 by the Sub-Commission on
Prevention of Discrimination 7 Protection of Minorities
which initiated a study of discrimination against
indigenous peoples.
• The working Group prepared a draft of the Universal
Declaration on the Rights of Indigenous Peoples
• WG adopted in 1994 the Draft Declaration on the
Rights of Indigenous Peoples.- On 13th Sept. 2007 GA
adopted this.
• Main provisions r Articles.- 1, 2, 3, 5, 6, 7, 9, 10, 11, 15,
17, 23, 29 & 34