Contents
Chapters
- Introduction: Historical, Comparative and Analytical Perspective
Nature
Origin & Evolution
Development of Human Rights Regime
Human Rights in Medieval Times
Human Rights in Modern Times
Salient features of the Human Rights Act
Historical Antecedents to Contemporary Human Rights Movement—Magna Carta, French Declaration, American Bill of Rights
Clauses of Magna Carta
Long-term impact of Magna Carta
French Declaration
Philosophical and Theoretical Context
American Bill of Rights
The Text of the Bill of Rights
Classification of Rights
Group Rights and Individual Rights
- International Human Rights Law
Concept/Meaning of Human Rights
Origin/Evolution of Human Rights
Basis/Theories of Human Rights
Classification/Generations of Human Rights
Protection of Human Rights under the United Nations
The United Nations Charter
Universal Declaration of Human Rights (UDHR), 1948
Civil and Political Rights: Articles 3 to 21
Economic, Social and Cultural Rights: Articles 22 to 27
International Covenant on Civil and Political Rights (ICCPR), 1966
International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
International Bill of Human Rights
Covenants on Vulnerable Groups
The World Conference on Human Rights (The Vienna Declaration and Programme of Action)
Implementation and Monitoring of Human Rights at International Level
International bodies to deal with violation of human rights
Human Rights Committee
Human Rights Council
European Convention on Human Rights
Protocols to the European Convention
Rights and Freedoms under ECHR
Implementation/Protection of Human Rights in India
Human Rights and Indian Constitution
Incorporated Civil and Political Rights
Incorporated Economic, Social and Cultural Rights
Legislative Measures to Protect Human Rights
Judicial Initiatives to Protect Human Rights
Leading Case Laws
Protection of Human Rights Act, 1993
National Human Rights Commission (NHRC)
Evaluation of the Protection of Human Rights Act, 1993
Promoting a Culture of Human Rights
An Convention Against Torture, 1984
International Implementation
State Party’s Undertakings
The Optional Protocol
The Committee Against Torture
UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules)
The Text of the Rules
Separation of categories
Personal hygiene
Food
Health-care services
Information to and complaints by prisoners
Retention of prisoners’ property
Institutional personnel
Prisoners with mental disabilities and/or health conditions
- National Human Rights Law
Or
Indian Union Human Rights
Constitutional Provisions and Fundamental Rights
Fundamental Rights: Part III (Articles 12-32)
Article 12: Definition
Article 13: Laws inconsistent with or in derogation of the fundamental rights
Article 14: Equality before law
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 16: Equality of opportunity in matters of public employment
Article 17: Abolition of Untouchability
Article 18: Abolition of Titles
Article 19: Protection of certain rights regarding freedom of speech, etc.
Article 20: Protection in respect of conviction for offenses
Article 21: Protection of life and personal liberty
Article 21A: Right to education
Article 22: Protection against the detention in certain cases
Article 23: Prohibition of traffic in human beings and forced labour
Article 24: Prohibition of employment of children in factories, etc.
Article 25: Freedom of conscience and free profession, practice and propagation of religion
Article 26: Freedom to manage religious affairs
Article 27: Freedom as to payment of taxes for promotion of any particular religion
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Article 29: Protection of interests of minorities
Article 30: Right of minorities to establish and administer educational institutions
Article 32: Remedies for enforcement of rights conferred by this Part
Directive Principles of State Policy
What are the different categories of DPSPs?
Article Wise Explanation of DPSPS
Human Rights Act, 1993
National Human Rights Commission
Composition
Powers of the Commission
Powers of Investigation
Functions of the Commission (NHRC)
Role of the State Human Rights Commission
Working of the Commission
National Commission for Women
Role of National Commission for Minorities
The Commission performs all of these functions
Role of National Commission for Schedule Caste and Schedule Tribe
National Commission for Scheduled Castes (NCSC): Functions, Duties & Powers
National Commission for Scheduled Tribes (NCST): Functions, Duties & Powers
Role of Civil Society and Media
Role of Judiciary
Writ Jurisdiction of the Supreme Court and the High Courts
Rule of Locus Standi vis-a-vis Public Interest Litigation
Case Laws
- Rights of Special Groups and Collective Rights
Senior Citizens or the Aged
United Nations and the Aged
Independence
Participation
Care
Self-fulfilment
Dignity
Indian Law and the Aged
Constitutional Provisions
Personal Laws
Hindu Law
Muslim Law
Christian and Parsi Law
The Code of Criminal Procedure, 1973
Government Actions
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Children and the Child Rights
United Nations and Child Rights
Declaration of the Rights of the Child, 1959
Minimum Age Convention, 1973
U.N. Convention on the Rights of the Child, 1989
Optional Protocols to the CRC on Sex Trafficking, Armed Conflict
Worst Forms of Child Labour Convention, 1999
Indian Law and the Child Rights
The Constitution
The Law
Juvenile Justice Boards
Child Welfare Committees
The Protection of Children from Sexual Offences Act, 2012
‘Penetrative Sexual Assault’ and its punishment
‘Aggravated Penetrative Sexual Assault and its punishment
‘Sexual Assault and its punishment’
‘Aggravated Sexual Assault and its punishment’
‘Sexual Harassment’
Child friendly procedure under POSCO Act
Obligation under POSCO Act to report offences under it
The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
The Right of Children to Free and Compulsory Education Act, 2009
The Prohibition of Child Marriage Act, 2006
The Commission for Protection of Child Rights Act, 2005
Right of Persons with Disabilities Act, 2016
Categorization of persons with disabilities, and some important definitions
Composition and Bird’s Eye View
Illustrative glimpses of some specific/special provisions
Education
Employment
Allotment of Land
Role of private sector vis-a-vis The RPD Act
Salient Features: RPWD Act, 2016
Rights of Refugees in India
Constitutional Framework for Protection of Refugees
Incorporating International Law in Domestic Law
Group Rights
Prisoner’s Right
Protection from Torture on Custodial Crimes
Police Encounters
Solitary Confinement
Bar Fetters
Right Against Handcuffing
Education of Death Sentence
Right to Legal Aid
Right to Speedy Trial
Rights to Reasonable Wages in Prison
Right to Meet Friends and Consult Lawyer
Children in Prison
Indigenous People
Population
Declaration on the Rights of Indigenous People, 2007
Rights of Women
National Protection
Right to Abortion
Live-in Relationships
Women Karta
The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
The Protection of Women from Domestic Violence Act, 2005
Sexual Offences
Constitutional Safeguards
Rape
Gang Rape Section 376D
Voyeurism
Stalking
Equal Remuneration Act, 1976
Maternity Benefit Act, 1961
Disabled Persons
Social Definition of Disability
Declaration on the Rights of Mentally Retarded Persons (1971)
Declaration on the Rights of Disabled Person (1975)
Convention on the Rights of Persons with Disabilities of Persons with Disabilities 2007
- Regional Protection and Enforcement of Human Rights
The European Convention on Human Rights
Council of Europe
Origin of the Convention
What rights and freedoms does the Convention protect?
The European Court of Human Rights
American Convention on Human Rights
Content and Scope of Convention
African Charter on Human Right
Main Features of the African Charter
Articles
- International Humanitarian Law and Human Rights
Concept of Humanitarian Law
Where did international humanitarian law originate?
Treaty Approach
Geneva Convention
Hague Conventions
Principles of Law of Armed Conflict
Common Articles 3 of Geneva Convention-Its Applicability in non-international Armed Conflict
- Refugee Law and Human Rights
Definition of Term “Refugee” under International Conventions
Refugee as distinguished from internally displaced person IDPS, Economic Migrants and Stateless Person
What is statelessness?
Refugee Status Granting Denial and Loss
Refugee Status Determination
Granting of Refugee Status
Denial of Refugee Status
Appealing a Denial
Loss of refugee status
Res Judicata and Cancellation
Right of Refugee with special reference to the principle of non-refoulment
Rights of refugees
Principle of Non-Refoulment
India’s Approach
Legal framework in India
Constitutional Framework for Protection of Refugees
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