Source: The Hindu

Introduction

The enforcement of international human rights is a difficult task. Developed countries use economic pressure or military force to make other developing countries follow the rules, while less powerful nations often just speak out against violations. This makes it hard to protect human rights globally while still respecting each country's independence. It's especially challenging when dealing with strict governments that don't want outsiders to interfere. The international community tries to promote human rights without overstepping boundaries, particularly in countries that resist outside scrutiny.

What are Human Rights?

• Human rights are universal, inalienable, indivisible, interdependent, and interrelated fundamental entitlements inherent to all human beings, regardless of race, gender, nationality, ethnicity, language, religion, or any other status.
• These rights are incorporated in various international instruments, such as the Universal Declaration of Human Rights (UDHR) and subsequent covenants, conventions, and treaties.
• Human rights include civil, political, economic, social, and cultural rights, also include the right to life, liberty, equality before the law, freedom from torture, freedom of expression, the right to work, education, and an adequate standard of living.
• The State has its primary responsibility to respect, protect, and fulfill human rights through appropriate measures, legislation, and policies.
• Human rights are legally guaranteed by human rights law, protecting individuals and groups against actions that interfere with fundamental freedoms and human dignity.
• These rights impose obligations on states to act in certain ways or refrain from certain acts, to promote and protect the human rights and fundamental freedoms of individuals or groups.
• While some human rights may be limited under specific circumstances prescribed by law, certain rights, such as the prohibition of torture, are considered absolute and cannot be suspended or restricted under any circumstances.
• The international human rights framework provides mechanisms for monitoring and enforcing compliance with human rights obligations, including treaty bodies, special procedures, and regional human rights courts.

How was the Evolution of Human Rights and the Development of International Standards?

• Human rights developed from many sources over time, including religious beliefs, philosophical ideas, and political theories. Different cultures and historical events across the world have all contributed to shaping our understanding of human rights today.
• Seminal documents such as
  • The Magna Carta (1215),
  • The English Bill of Rights (1689),
  • The U.S. Declaration of Independence (1776)
  • The French Declaration of the Rights of Man and of the Citizen (1789)
  • All these laid foundational principles for modern human rights concepts, including limitations on governmental power and affirmation of fundamental liberties.
• The 17^th-18^th centuries significantly advanced human rights theory through philosophers' work.
  • John Locke and Immanuel Kant, who developed concepts of natural rights and human dignity that greatly influenced subsequent human rights discourse.
• The atrocities of World War II (1939-45) created the international community to codify universal human rights standards.

What is the International Bill of Human Rights?

• In the aftermath of World War II (1939-1945), the international community-initiated efforts to codify universal human rights through a series of declarations and covenants.
• The United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) on 10^thDecember, 1948, marking a pivotal moment in the development of international human rights law.
• The UDHR comprises 30 articles that establish fundamental principles and serve as the foundation for subsequent human rights conventions, treaties, and legal instruments.
• On 16^th December 1966, the UN General Assembly adopted two complementary international treaties to further elaborate on human rights:
  • a) The International Covenant on Economic, Social and Cultural Rights (ICESCR)
  • b) The International Covenant on Civil and Political Rights (ICCPR)
• The ICESCR is subject to monitoring by the Committee on Economic, Social and Cultural Rights, while the ICCPR is monitored by the Human Rights Committee.
• These two covenants are collectively called "the International Covenants" in legal and diplomatic contexts.
• The Universal Declaration of Human Rights, in conjunction with the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, constitutes the International Bill of Human Rights.
• The International Bill of Human Rights forms the cornerstone of international human rights law, establishing a comprehensive framework for the protection and promotion of fundamental human rights and freedoms.

How did the Indian Constitution Incorporate and Uphold Human Rights?

• The Constitution of India does not explicitly use the term "human rights" but incorporates and gives effect to human rights principles.
• The Preamble of the Indian Constitution establishes India as a Sovereign, Socialist, Secular, Democratic Republic, emphasizing justice, liberty, equality, and fraternity as fundamental principles.
• Fundamental Rights, enshrined in Part III of the Constitution, guarantee civil liberties to all Indian citizens, including:
  • a) Right to Equality (Articles 14-18)
  • b) Right to Freedom (Articles 19-22)
  • c) Right against Exploitation (Articles 23-24)
  • d) Right to Freedom of Religion (Articles 25-28)
  • e) Cultural and Educational Rights (Articles 29-30)
  • f) Right to Constitutional Remedies (Article 32)
• The Directive Principles of State Policy, contained in Part IV of the Constitution, outline socio-economic rights and guide state policy, though not judicially enforceable.
• Article 38(1) mandates the state to promote the welfare of the people by securing a social order based on justice - social, economic, and political.
• Article 39 provides the concept of justice, directing state policy towards securing equitable distribution of resources, equal pay for equal work, and protection of children and workers.
• Article 39A provides for equal justice and free legal aid to ensure access to justice for all citizens.
• The Supreme Court of India recognizes the interpretative value of the Universal Declaration of Human Rights in construing constitutional provisions related to human rights.
• The Constitution provides for various writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) as mechanisms to enforce fundamental rights.
• National Commissions on Minorities, Women, and Scheduled Castes have been established to protect and promote the rights of these groups.
• While the right to property was originally included as a fundamental right, it was removed from Part III by the 44th Constitutional Amendment in 1978.
• The Indian Constitution aims to preserve human dignity and ensure equality among all citizens, regardless of caste, creed, religion, place of birth, race, color, or gender.

How do Different Countries Address Human Rights Protections and Challenges ?

• United Kingdom:
  • The UK is a signatory to the European Convention on Human Rights, incorporated into domestic law through the Human Rights Act 1998.
  • Key rights protected include the right to life, freedom from torture, right to a fair trial, and freedom of expression.
  • The UK has an independent judiciary and a strong tradition of civil liberties, though recent anti-terrorism laws have raised concerns about privacy rights.
• United States:
  • The US Constitution, particularly the Bill of Rights, provides the foundation for human rights protections in the country.
  • Key rights include freedom of speech, religion, and assembly, as well as due process and equal protection under the law.
  • The US has a robust system of checks and balances, including an independent judiciary, to protect individual rights.
  • However, issues such as racial discrimination and the rights of detainees in the "War on Terror" have been subjects of human rights concerns.
• Japan:
  • Japan's Constitution, particularly Article 11, guarantees fundamental human rights to its citizens.
  • The country is a party to major international human rights treaties, including the International Covenant on Civil and Political Rights.
  • While Japan generally respects human rights, issues such as the death penalty and treatment of foreigners have attracted international criticism.
• China:
  • China's Constitution nominally guarantees a range of human rights, including freedom of speech and religion.
  • However, in practice, the government significantly restricts many civil and political rights.
  • Areas of concern include limitations on freedom of expression, association, religion, and treatment of ethnic minorities.
  • China emphasizes collective rights and economic development in its human rights discourse.
• Germany:
  • Human dignity is inviolable under the German Basic Law (Constitution), which provides strong protections for fundamental rights (Article-1)
  • Germany is a party to all major international and European human rights treaties.
  • The country has a strong tradition of rule of law and an independent judiciary to protect human rights.
  • While generally respecting human rights, Germany faces challenges in areas such as discrimination against minorities and privacy concerns in counter-terrorism efforts.

How did States and International Bodies Address and Enforce Human Rights Violations Amid Challenges to Sovereignty and Regime Resistance?

• Countries must respect and protect human rights based on international agreements.
• Strict governments often resist outside pressure about their human rights record.
• Groups like charities, students, and international organizations help push governments to improve human rights.
• It is difficult to balance a country's independence with global human rights standards.
• Countries should create their own laws and systems to protect human rights.
• Democratic countries are expected to prioritize human rights.
• The world community should help all countries develop policies that respect human rights.
• Continuous effort to promote human rights can lead to improvements over time, even when governments resist at first.

Conclusion

The challenge for global human rights is difficult because it involves balancing respect for each country’s independence with universal values. Powerful countries pressure developing countries by employing economic or military pressure. The challenge is to make sure every country follows basic human rights rules, creating a world where dignity and justice are for everyone, no matter their power or status.