HUMAN RIGHTS AND ENFORCEMENT

UNIT 1

HUMAN RIGHTS - IMPLIMENTATION AND SUPERVISION BY THE UNO

The United Nations (UN) plays a significant role in the implementation and supervision of
human rights globally. Here's an overview of how the UN accomplishes this:

1. International Treaties and Conventions: The UN has developed several key

international treaties and conventions that outline the fundamental principles of human
rights, such as the Universal Declaration of Human Rights (UDHR), the International
Covenant on Civil and Political Rights (ICCPR), and the International Covenant on
Economic, Social and Cultural Rights (ICESCR). Member states are encouraged to ratify
and implement these treaties, and they are monitored by various UN bodies.

2. Human Rights Council (HRC): The Human Rights Council is a principal UN body
responsible for promoting and protecting human rights around the world. It conducts
regular sessions to review the human rights records of UN member states, engages in
thematic discussions on human rights issues, and establishes special procedures (e.g.,
special rapporteurs, working groups) to address specific human rights concerns.

3. Universal Periodic Review (UPR): The UPR is a unique process within the HRC where
every UN member state's human rights record is reviewed by their peers once every four
years. This mechanism allows for an assessment of each country's human rights situation
and provides recommendations for improvement.

4. Treaty Bodies: The UN has established treaty bodies to monitor the implementation of
specific human rights treaties. These bodies, composed of independent experts, review
state reports, conduct inquiries, and issue recommendations to ensure compliance with
treaty obligations. Examples include the Committee on the Elimination of Racial
Discrimination (CERD) and the Committee on the Rights of the Child (CRC).

5. Special Procedures: The UN appoints special rapporteurs, independent experts, and

working groups to investigate, monitor, and report on specific human rights issues or
country situations. These mechanisms allow for focused attention on particular rights
violations or vulnerable groups.

6. Peacekeeping Operations: In conflict-affected regions, UN peacekeeping operations

often have a mandate to protect and promote human rights. Peacekeepers may monitor
human rights situations, provide training and support to local authorities, and assist in the
establishment of rule of law institutions.
 7. Technical Assistance and Capacity Building: The UN provides technical assistance and
capacity-building support to member states to strengthen their human rights institutions,
laws, and practices. This assistance can include training for law enforcement officials,
judiciary, and civil society organizations, as well as legislative reform initiatives.

8. Public Awareness and Advocacy: The UN conducts public awareness campaigns,

advocacy efforts, and outreach activities to promote human rights education, raise
awareness about specific human rights issues, and mobilize public support for human
rights initiatives.

Overall, the UN's approach to implementing and supervising human rights involves a
combination of legal frameworks, monitoring mechanisms, capacity-building efforts, and
advocacy strategies aimed at promoting universal respect for human rights.

UNITED NATIONS HUMAN RIGHTS COUNCIL

The United Nations Human Rights Council (UNHRC) is a key intergovernmental body within
the United Nations system responsible for promoting and protecting human rights around the
world. Here are some key aspects of the UNHRC:

1. Establishment: The UNHRC was established in 2006 by the UN General Assembly to

replace the previous UN Commission on Human Rights. The creation of the UNHRC
aimed to address criticisms of the Commission's effectiveness and credibility.

2. Membership: The UNHRC consists of 47 member states elected by the UN General

Assembly. Members serve for three-year terms and are elected based on equitable
geographical distribution. Members are expected to uphold the highest standards of
human rights and cooperate with the Council's work.

3. Functions and Mandate: The primary functions of the UNHRC include:

 Promoting universal respect for the protection of all human rights and
fundamental freedoms.

 Addressing human rights violations and making recommendations to states on

improving their human rights records.

 Undertaking thematic studies and country-specific investigations on human rights

issues.

 Engaging in dialogue with governments, civil society organizations, and other

stakeholders on human rights concerns.

 Responding to emergencies and crises affecting human rights, including through

special sessions and urgent debates.
 4. Regular Sessions: The UNHRC holds regular sessions throughout the year in Geneva,
Switzerland. These sessions provide opportunities for member states to discuss human
rights issues, adopt resolutions, and review the human rights situations in specific
countries through interactive dialogues and panel discussions.

5. Universal Periodic Review (UPR): The UPR is a unique mechanism of the UNHRC
through which every UN member state's human rights record is systematically reviewed
by their peers. The UPR involves a comprehensive assessment of a country's human
rights situation and leads to the issuance of recommendations for improvement.

6. Special Procedures: The UNHRC appoints independent experts, known as special

rapporteurs, special representatives, and independent working groups, to investigate,
monitor, and report on specific human rights issues or country situations. These special
procedures play a crucial role in addressing human rights violations and providing
expertise to the Council.

7. Special Sessions and Urgent Debates: The UNHRC can convene special sessions or
urgent debates to address pressing human rights concerns, emergencies, or crises. These
sessions allow for timely responses to evolving human rights situations and the adoption
of measures to protect vulnerable populations.

8. Cooperation with Other UN Bodies: The UNHRC collaborates closely with other UN
bodies, agencies, and mechanisms, such as the Office of the High Commissioner for
Human Rights (OHCHR), to promote coherence and effectiveness in the promotion and
protection of human rights worldwide.

Overall, the UNHRC plays a crucial role in the international human rights framework by
addressing human rights violations, conducting dialogue with states and stakeholders, and
promoting universal respect for human rights and fundamental freedoms.

UNITED NATIONS COMMISSIONER FOR HUMAN RIGHTS

The United Nations High Commissioner for Human Rights (UNHCHR) is the principal official
within the United Nations system responsible for promoting and protecting human rights
worldwide. Here's an overview of the role and functions of the UN High Commissioner for
Human Rights:

1. Establishment: The Office of the High Commissioner for Human Rights (OHCHR) was
established in 1993 by the UN General Assembly to serve as the focal point for human
rights within the UN system. The High Commissioner for Human Rights is the head of
the OHCHR and is appointed by the UN Secretary-General.

2. Mandate: The High Commissioner for Human Rights has a broad mandate to promote
and protect human rights globally. This includes:
  Advocating for the universal respect and protection of human rights.

 Monitoring and reporting on human rights situations worldwide, including by

issuing thematic and country-specific reports.

 Providing technical assistance and capacity-building support to member states to

strengthen their human rights institutions and practices.

 Coordinating UN human rights activities and initiatives across the UN system.

 Engaging in dialogue with governments, civil society organizations, and other

stakeholders on human rights issues.

 Responding to emergencies and crises affecting human rights, including through

advocacy, assistance, and intervention.

3. Representation and Advocacy: The High Commissioner represents the UN system on

human rights issues and engages in advocacy efforts to promote human rights principles
and values globally. This includes delivering speeches, participating in international
conferences and forums, and raising awareness about human rights concerns.

4. Technical Cooperation and Capacity Building: The OHCHR provides technical

assistance and capacity-building support to member states to help them fulfill their
human rights obligations. This assistance can include legislative reform, institutional
strengthening, training for government officials, and support for civil society
organizations.

5. Human Rights Monitoring and Reporting: The OHCHR monitors human rights
situations worldwide and reports on human rights violations and trends. This includes
issuing thematic reports on specific human rights issues, as well as country-specific
reports and assessments.

6. Special Procedures: The OHCHR supports the work of special procedures, including
special rapporteurs, independent experts, and working groups appointed by the UN
Human Rights Council to investigate, monitor, and report on specific human rights issues
or country situations.

7. Cooperation with Other UN Bodies and Stakeholders: The High Commissioner

collaborates closely with other UN bodies, agencies, and mechanisms, as well as with
civil society organizations and other stakeholders, to promote and protect human rights
worldwide. This includes coordinating with the UN Human Rights Council, the UN
General Assembly, regional human rights mechanisms, and international and national
human rights institutions.
Overall, the High Commissioner for Human Rights and the OHCHR play a central role in
advancing the global human rights agenda, promoting universal respect for human rights, and
supporting efforts to address human rights violations and challenges around the world.

UNITED NATIONS COMMISSIONON HUMAN RIGHTS

The United Nations Commission on Human Rights (UNCHR) was the predecessor to the current
United Nations Human Rights Council (UNHRC). Here's an overview of the UNCHR:

1. Establishment: The UNCHR was established in 1946 by the UN Economic and Social
Council (ECOSOC) as the principal UN body responsible for promoting and protecting
human rights. It was one of the first bodies established by the UN.

2. Mandate: The UNCHR had a broad mandate to address human rights violations and
promote human rights globally. Its functions included:

 Examining, monitoring, and reporting on human rights situations worldwide.

 Considering individual complaints and petitions related to human rights

violations.

 Undertaking studies and making recommendations on human rights issues.

 Promoting human rights education and awareness.

3. Membership: The UNCHR consisted of member states elected by the UN General

Assembly based on equitable geographical distribution. Members served for three-year
terms.

4. Sessions and Working Methods: The UNCHR held regular annual sessions in Geneva,
Switzerland, where it discussed and adopted resolutions on various human rights issues.
It established working groups and special rapporteurs to address specific human rights
concerns.

5. Sub-Commission on the Promotion and Protection of Human Rights: The UNCHR

had a subsidiary body known as the Sub-Commission on the Promotion and Protection of
Human Rights, which was composed of independent experts. The Sub-Commission
undertook studies, conducted investigations, and provided expertise on human rights
issues.

6. Criticism and Reform Efforts: Over time, the UNCHR faced criticism for its
membership composition, politicization, and perceived ineffectiveness in addressing
human rights violations. Reform efforts were made to improve its functioning, including
the establishment of the Universal Periodic Review (UPR) mechanism.
 7. Replacement by the UN Human Rights Council: In 2006, the UNCHR was replaced by
the United Nations Human Rights Council (UNHRC) through a resolution of the UN
General Assembly. The establishment of the UNHRC aimed to address some of the
shortcomings of the UNCHR and enhance the effectiveness and credibility of the UN's
human rights machinery.

Overall, the UNCHR played a significant role in shaping the international human rights
framework and laying the groundwork for subsequent human rights mechanisms within the
United Nations system, including the UNHRC.

HUMAN RIGHTS WITH REFRENCE TO INTERNATIONAL COURT OF JUSTICE

The International Court of Justice (ICJ), often referred to as the World Court, primarily deals
with disputes between states rather than individual human rights violations. However, human
rights issues can intersect with the ICJ's work in several ways:

1. Advisory Opinions: The ICJ can provide advisory opinions on legal questions referred to
it by UN bodies or specialized agencies. While these opinions are not binding, they can
offer guidance on human rights issues. For example, the ICJ provided an advisory
opinion on the legality of the construction of the separation barrier in the Occupied
Palestinian Territory, highlighting human rights concerns.

2. Interpretation of Treaties: The ICJ interprets international treaties, including those

related to human rights. States may bring cases before the ICJ alleging violations of
human rights treaties or seeking clarification on treaty provisions.

3. Compulsory Jurisdiction: In some cases, states may agree to submit disputes involving
human rights to the ICJ's compulsory jurisdiction. For example, disputes arising under
the Genocide Convention can be brought before the ICJ if both parties have accepted the
Court's jurisdiction.

4. State Responsibility: The ICJ can determine the responsibility of states for human rights
violations. States may be held accountable for violations of international human rights
law, including through reparations for affected individuals or communities.

5. Relevant Cases: While the ICJ's primary focus is on interstate disputes, some cases have
had implications for human rights. For example, the ICJ's judgment in the Nicaragua case
addressed issues of self-defense and the use of force, which are relevant to human rights
considerations.

6. Interaction with Other Human Rights Mechanisms: The ICJ's decisions and opinions
can intersect with the work of other human rights mechanisms, such as treaty bodies,
 regional human rights courts, and international criminal tribunals. These interactions
contribute to the development and enforcement of international human rights law.

Overall, while the ICJ's direct involvement in human rights cases may be limited, its
jurisprudence and decisions can have implications for the protection and promotion of human
rights at the international level.
UNIT 2

HUMAN RIGHTS AND INTERNATIONAL LABOUR ORGANISATION

The International Labour Organization (ILO) plays a crucial role in promoting and protecting
human rights in the context of labor and employment. Here's how the ILO intersects with human
rights:

1. Core Conventions: The ILO has developed a set of core international labor standards,
which are grounded in principles of human rights. These include conventions on freedom
of association, collective bargaining, forced labor, child labor, and non-discrimination in
employment. By ratifying and implementing these conventions, member states commit to
upholding fundamental human rights principles in the workplace.

2. Monitoring Mechanisms: The ILO monitors the implementation of its conventions

through a system of regular reporting by member states. Independent experts, appointed
by the ILO, review these reports and engage in dialogue with governments, employers'
organizations, and trade unions to assess compliance with international labor standards
and identify areas for improvement.

3. Technical Assistance and Capacity Building: The ILO provides technical assistance
and capacity-building support to member states to help them implement international
labor standards effectively. This assistance can include legislative reform, institutional
strengthening, training programs, and support for social dialogue mechanisms.

4. Tripartite Structure: The ILO operates on a unique tripartite structure, bringing together
governments, employers' organizations, and trade unions as equal partners. This tripartite
approach ensures that labor standards are developed and implemented through consensus-
based decision-making, with input from all relevant stakeholders.

5. Social Dialogue: The ILO promotes social dialogue as a means of addressing labor issues
and advancing human rights in the workplace. By facilitating communication and
cooperation between governments, employers, and workers, social dialogue can lead to
better working conditions, fair wages, and improved labor rights protections.

6. Research and Advocacy: The ILO conducts research and advocacy on a wide range of
labor-related issues, including decent work, occupational safety and health, gender
equality, and labor migration. Through publications, reports, and campaigns, the ILO
raises awareness about human rights in the context of work and advocates for policies
that promote social justice and inclusive economic growth.

7. International Cooperation: The ILO collaborates with other international organizations,

including the United Nations and its specialized agencies, as well as regional bodies and
civil society organizations, to promote human rights and decent work worldwide. This
 cooperation strengthens efforts to address global labor challenges and achieve sustainable
development goals.

Overall, the International Labour Organization plays a vital role in advancing human rights in the
workplace and promoting social justice and dignity for all workers around the world.

PERMANENT SUPERVISION OF THE APPLICATION OF INTERNATIONAL

LABOUR ORGANISATION

The International Labour Organization (ILO) employs several mechanisms for the ongoing
supervision of the application of its standards and principles by member states:

1. Regular Reporting: Member states are required to submit regular reports to the ILO
detailing their progress in implementing ratified conventions and recommendations.
These reports are reviewed by independent experts, who assess compliance and provide
feedback to governments.

2. Committee of Experts on the Application of Conventions and Recommendations

(CEACR): The CEACR is a body of independent experts appointed by the ILO
Governing Body. It examines the reports submitted by member states and issues
observations on the implementation of ILO standards. These observations may include
recommendations for improvements or requests for further information.

3. Tripartite Committees: In some cases, the ILO establishes tripartite committees to

address specific issues or sectors. These committees bring together representatives of
governments, employers, and workers to monitor compliance with international labor
standards and develop strategies for improvement.

4. Direct Contacts and Missions: The ILO may engage in direct contacts with member
states to discuss concerns regarding the application of labor standards. In some cases, the
ILO may conduct fact-finding missions or technical assistance visits to assess the
situation on the ground and provide support for compliance.

5. Technical Assistance and Capacity Building: The ILO provides technical assistance
and capacity-building support to member states to help them implement international
labor standards effectively. This assistance may include legislative reform, institutional
strengthening, training programs, and support for social dialogue mechanisms.

6. Social Dialogue: Social dialogue between governments, employers, and workers is a key
element of the ILO's approach to supervising the application of its standards. By
facilitating communication and cooperation among stakeholders, social dialogue can help
address labor issues and improve compliance with international labor standards.
 7. Publications and Research: The ILO produces a wide range of publications, reports, and
research findings on labor-related issues. These resources serve to raise awareness about
international labor standards, highlight best practices, and provide guidance to member
states on compliance.

Overall, the ILO employs a combination of monitoring, assessment, dialogue, and support
mechanisms to ensure the effective application of its standards by member states. By engaging
with governments, employers, workers, and other stakeholders, the ILO works to promote decent
work and social justice worldwide.

SUPERVISORY BODY OF ILO

The supervisory bodies of the International Labour Organization (ILO) primarily consist of the
Committee of Experts on the Application of Conventions and Recommendations (CEACR) and
the International Labour Conference (ILC).

1. Committee of Experts on the Application of Conventions and Recommendations

(CEACR):

 The CEACR is an independent body of legal experts appointed by the Governing

Body of the ILO.

 Its main function is to examine the reports submitted by member states on the
application of ratified conventions and recommendations.

 The CEACR issues comments and recommendations on the implementation of

ILO standards by member states.

 It may also conduct direct contacts with member states and request additional
information to clarify issues related to the application of conventions and
recommendations.

2. International Labour Conference (ILC):

 The ILC is the highest decision-making body of the ILO, consisting of

representatives from governments, employers, and workers from member states.

 While the ILC is primarily responsible for adopting international labor standards,
it also plays a supervisory role through its review of reports and discussions on
the implementation of these standards.

 The ILC's discussions and resolutions contribute to shaping the ILO's agenda and
priorities for promoting decent work and social justice worldwide.
In addition to these supervisory bodies, the ILO also engages in technical assistance, capacity-
building activities, and social dialogue to support member states in implementing international
labor standards effectively.

REPRESENTATION AGAINST MEMBERS OF ILO

The International Labour Organization (ILO) provides mechanisms for representation and
addressing complaints against member states regarding violations of international labor
standards. Here are the main avenues:

1. Complaints and Observations by the Committee of Experts on the Application of

Conventions and Recommendations (CEACR):

 The Committee of Experts on the Application of Conventions and

Recommendations (CEACR) examines reports submitted by member states
regarding the application of ratified conventions and recommendations.

 If the CEACR finds that a member state is not effectively implementing a

convention, it may issue observations or comments highlighting the concerns and
requesting clarification or action from the member state.

 The CEACR's observations serve as a form of representation against member

states that are not fulfilling their obligations under international labor standards.

2. Submission of Complaints by Stakeholders:

 The ILO allows for complaints to be submitted by employers' organizations, trade

unions, and other stakeholders regarding alleged violations of international labor
standards by member states.

 These complaints can be addressed through the CEACR's examination process,

where the Committee may consider the information provided by the complainant
in its assessment of the member state's compliance with labor standards.

3. Direct Contacts and Technical Assistance:

 The ILO may engage in direct contacts with member states to discuss concerns
related to the application of international labor standards.

 Through technical assistance and capacity-building activities, the ILO supports

member states in addressing challenges and improving compliance with labor
standards.

4. International Labour Conference (ILC):

  The International Labour Conference (ILC) provides a platform for member
states, employers' organizations, and trade unions to discuss labor-related issues
and share experiences.

 While the ILC is primarily a forum for adopting international labor standards, it
also serves as a venue for member states to raise concerns and engage in dialogue
on compliance with these standards.

5. Dialogue and Social Partnerships:

 The ILO promotes social dialogue and partnerships among governments,

employers, and workers as a means of addressing labor issues and fostering
compliance with international labor standards.

 Through dialogue and cooperation, member states can work together with
stakeholders to address challenges and improve labor standards compliance.

Overall, the ILO provides multiple avenues for representation against member states and
mechanisms for addressing complaints regarding violations of international labor standards.
These processes contribute to promoting decent work and social justice worldwide.

COMPLAINTS AGAINST MEMBERS OF ILO

The International Labour Organization (ILO) provides mechanisms for the submission of
complaints against member states regarding alleged violations of international labor standards.
Here are the main avenues for filing complaints against member states within the ILO:

1. Individual Complaints Procedure:

 The ILO has established a procedure for the submission of individual complaints
alleging violations of ratified conventions by member states.

 This procedure allows individuals, including workers, employers, and their

organizations, to submit complaints directly to the ILO concerning alleged
violations of specific international labor standards by a member state.

 The complaints are examined by the Committee on Freedom of Association

(CFA), which is a tripartite body composed of government, employer, and worker
representatives.

 The CFA investigates the complaints, seeks information from the concerned
member state, and may issue recommendations aimed at resolving the issues
raised in the complaint.

2. Interstate Complaints Procedure:

  Member states can file complaints against other member states alleging violations
of ratified conventions through the interstate complaints procedure.

 This procedure allows member states to bring disputes regarding the interpretation
or application of international labor standards to the attention of the ILO.

 The Governing Body of the ILO may establish a commission of inquiry to

examine the complaint and make recommendations for its resolution.

 The commission of inquiry investigates the allegations, gathers evidence, and

issues a report with findings and recommendations for addressing the dispute.

3. Submission of Observations and Complaints by Social Partners:

 Employers' organizations, trade unions, and other social partners can submit
observations and complaints to the ILO regarding alleged violations of
international labor standards by member states.

 These observations and complaints are considered by the Committee of Experts

on the Application of Conventions and Recommendations (CEACR), which
examines reports submitted by member states and issues comments and
recommendations on compliance with labor standards.

4. Public Petitions:

 The ILO also allows for the submission of public petitions regarding labor-related
issues and alleged violations of international labor standards by member states.

 While public petitions may not lead to formal investigations or procedures like
individual or interstate complaints, they can raise awareness of labor rights issues
and contribute to advocacy efforts.

Overall, the ILO provides various avenues for the submission of complaints against member
states concerning violations of international labor standards. These mechanisms aim to promote
compliance with labor rights obligations and ensure the effective implementation of international
labor standards by member states.

THE COMMITTEE OF FREEDOM ASSOCIATION

Apologies for the confusion, but there is a slight correction. The correct name is the "Committee
on Freedom of Association" (CFA), not "Committee of Freedom Association."

The Committee on Freedom of Association (CFA) is a unique body within the International
Labour Organization (ILO) dedicated to addressing complaints related to freedom of association
and the right to organize. Here's an overview of the Committee on Freedom of Association:
1. Establishment and Mandate:

 The CFA was established in 1951 and operates under the authority of the
Governing Body of the ILO.

 Its primary mandate is to examine complaints submitted by workers' and

employers' organizations, as well as by governments, regarding alleged violations
of freedom of association and collective bargaining rights.

2. Composition:

 The Committee on Freedom of Association comprises independent experts,

typically legal scholars or practitioners with expertise in labor law and human
rights.

 The experts are appointed by the Governing Body of the ILO and serve in their
personal capacity, rather than representing specific countries or interests.

3. Functions and Procedures:

 The CFA considers complaints alleging violations of the principles of freedom of

association, including the rights to form and join trade unions, engage in
collective bargaining, and strike.

 When a complaint is submitted, the CFA examines the facts, seeks information
from the parties involved, and may issue recommendations to the relevant
governments for resolving the dispute.

 The CFA's recommendations aim to promote the effective exercise of freedom of

association rights and to ensure compliance with international labor standards,
particularly the core conventions of the ILO.

 The Committee's decisions and recommendations are not legally binding, but they
carry significant moral and political weight, and member states are expected to
engage constructively with the Committee's findings.

4. Reports and Publicity:

 The CFA's decisions and recommendations are published in its annual reports,
which are made available to the public.

 The reports provide detailed information on the cases examined by the

Committee, including the facts, legal analysis, and recommendations.

5. Role in Promoting Freedom of Association:

  The work of the CFA is essential for promoting and protecting freedom of
association rights worldwide.

 By addressing complaints and providing recommendations, the Committee

contributes to the strengthening of labor rights, the promotion of social dialogue,
and the advancement of decent work for all.

Overall, the Committee on Freedom of Association plays a vital role within the ILO's system of
supervising the application of international labor standards, particularly concerning freedom of
association and collective bargaining rights.
UNIT 3

HUMAN RIGHTS – IMPLIMENTATION UNDER THE REGIONAL INSTRUMENTS

Implementation of human rights under regional instruments involves various mechanisms and
bodies specific to each regional organization. Here are some examples:

1. European Union (EU):

 The European Union has its Charter of Fundamental Rights, which enshrines a
range of civil, political, economic, and social rights for EU citizens.

 The European Court of Justice (ECJ) interprets and ensures the application of EU
law, including the Charter of Fundamental Rights. Individuals can bring cases
before the ECJ to challenge violations of their rights by EU institutions or
member states.

 The European Court of Human Rights (ECHR), while not an EU institution, is a

regional human rights court established under the European Convention on
Human Rights (ECHR). EU member states are bound by the Convention, and
individuals can bring cases before the ECHR alleging violations of their rights by
member states.

2. African Union (AU):

 The African Charter on Human and Peoples' Rights (ACHPR) is the main
regional human rights instrument in Africa, adopted by the African Union. It
protects civil, political, economic, social, and cultural rights.

 The African Commission on Human and Peoples' Rights (ACHPR) is responsible

for monitoring the implementation of the ACHPR by member states. It can
receive complaints from individuals and states alleging human rights violations.

 The African Court on Human and Peoples' Rights is a continental court

established by the AU to complement the work of the ACHPR. It has jurisdiction
to hear cases concerning human rights violations by member states and provides
advisory opinions.

3. Organization of American States (OAS):

 The American Convention on Human Rights (ACHR) is the regional human

rights treaty for the Americas, adopted by the Organization of American States. It
protects civil, political, economic, social, and cultural rights.
  The Inter-American Commission on Human Rights (IACHR) monitors the
implementation of the ACHR by member states and can receive individual
complaints alleging human rights violations.

 The Inter-American Court of Human Rights is the judicial body of the OAS
responsible for interpreting and applying the ACHR. It hears cases concerning
human rights violations by member states and issues judgments.

4. Council of Europe:

 The Council of Europe oversees the European Convention on Human Rights

(ECHR), which protects human rights and fundamental freedoms in Europe.

 The European Court of Human Rights (ECtHR) is the judicial body responsible
for interpreting and applying the ECHR. It hears cases alleging human rights
violations by member states and issues judgments.

These regional instruments and bodies play crucial roles in monitoring and enforcing human
rights standards within their respective regions, complementing the work of the United Nations
and its human rights mechanisms.

INTER AMERICAN COMMISSION ON HUMAN RIGHTS

The Inter-American Commission on Human Rights (IACHR) is a principal organ of the

Organization of American States (OAS) responsible for promoting and protecting human rights
in the Americas. Here's an overview of the Inter-American Commission on Human Rights:

1. Establishment and Mandate:

 The IACHR was established in 1959 and is one of the oldest regional human
rights bodies in the world.

 Its mandate is derived from the Charter of the Organization of American States
(OAS) and the American Declaration of the Rights and Duties of Man.

2. Functions:

 The IACHR has several functions, including monitoring human rights situations
in OAS member states, conducting on-site visits to investigate allegations of
human rights violations, and issuing reports and recommendations.

 It receives and examines individual complaints or petitions alleging violations of

human rights protected under the American Convention on Human Rights or
other regional instruments.
  The IACHR also engages in promotional activities, such as providing technical
assistance and conducting training programs on human rights issues.

3. Commissioners:

 The IACHR is composed of seven independent commissioners elected by the

General Assembly of the OAS. Commissioners serve in their personal capacity
and not as representatives of their respective countries.

 Commissioners are elected for four-year terms and can be reelected once.

4. Rapporteurships and Special Rapporteurs:

 The IACHR has established thematic rapporteurships and special rapporteurs to

focus on specific human rights issues, such as freedom of expression, women's
rights, indigenous peoples' rights, and the rights of migrants.

 These rapporteurs and special rapporteurs conduct research, issue reports, and
engage in advocacy on their respective thematic areas.

5. Country Reports and Hearings:

 The IACHR produces country reports assessing the human rights situation in
OAS member states. These reports highlight areas of concern and provide
recommendations for improvement.

 The IACHR holds hearings during its regular sessions, where individuals, civil
society organizations, and government representatives can present information
and engage in dialogue on human rights issues.

6. Precautionary Measures and Provisional Measures:

 The IACHR can issue precautionary measures to prevent irreparable harm to

individuals or groups who are at risk of human rights violations.

 In cases of extreme urgency and gravity, the Inter-American Court of Human

Rights can issue provisional measures to protect individuals or groups pending the
resolution of a case.

Overall, the Inter-American Commission on Human Rights plays a crucial role in promoting and
protecting human rights in the Americas through monitoring, investigation, advocacy, and
dialogue with member states and other stakeholders.
INTER AMERICAN COURT ON HUMAN RIGHTS

The Inter-American Court of Human Rights (IACtHR) is the principal judicial organ of the
Organization of American States (OAS) responsible for interpreting and applying the American
Convention on Human Rights. Here's an overview of the Inter-American Court of Human
Rights:

1. Establishment and Mandate:

 The Inter-American Court of Human Rights was established in 1979 and is based
in San José, Costa Rica.

 Its mandate is derived from the American Convention on Human Rights, which is
the regional human rights treaty for the Americas, adopted by the OAS in 1969.

2. Jurisdiction:

 The Inter-American Court has jurisdiction to hear cases concerning alleged

violations of human rights protected under the American Convention on Human
Rights and other regional instruments.

 Individuals, groups, or non-governmental organizations (NGOs) can submit cases

to the Court after exhausting domestic remedies within their respective countries.

3. Advisory Opinions:

 The Inter-American Court can issue advisory opinions on legal questions related
to human rights in the Americas. These opinions provide guidance on the
interpretation and application of the American Convention and other regional
instruments.

4. Jurisprudence and Precedent:

 The Inter-American Court's judgments and advisory opinions contribute to the

development of regional human rights jurisprudence and establish precedent for
future cases.

 Its decisions are binding on OAS member states that have accepted the Court's
jurisdiction and are considered authoritative interpretations of human rights norms
in the Americas.

5. Compliance with Judgments:

 OAS member states are obligated to comply with the judgments of the Inter-
American Court. This includes implementing measures to remedy human rights
violations, provide reparations to victims, and prevent future violations.
  The Court monitors the implementation of its judgments and can request
information from member states regarding compliance.

6. Public Hearings and Written Proceedings:

 The Inter-American Court conducts public hearings and written proceedings in

cases brought before it. These proceedings allow parties to present arguments,
evidence, and legal submissions.

 The Court's judgments are based on a thorough examination of the facts and legal
arguments presented by the parties, as well as applicable human rights norms and
principles.

Overall, the Inter-American Court of Human Rights plays a crucial role in promoting and
protecting human rights in the Americas through its adjudicatory functions, jurisprudence, and
contribution to the development of international human rights law.

INTERNATIONAL NON GOVERNMENTAL ORGANISATION

International non-governmental organizations (INGOs) are private organizations that operate on

an international scale and are independent of any government. They play diverse roles in areas
such as humanitarian assistance, development, human rights advocacy, environmental
conservation, health, education, and more. Here's an overview of international non-governmental
organizations:

1. Nature and Scope:

 INGOs vary widely in their nature, scope, and focus areas. Some are large, well-
established organizations with global reach, while others are smaller, grassroots
initiatives focused on specific issues or regions.

 They operate across national borders and often collaborate with governments,
intergovernmental organizations, other NGOs, and local communities to address
global challenges.

2. Mission and Objectives:

 INGOs have diverse missions and objectives, which may include providing
humanitarian aid and relief in crisis situations, advocating for human rights and
social justice, promoting sustainable development and environmental
conservation, advancing healthcare and education, and supporting peacebuilding
and conflict resolution efforts.

3. Activities and Programs:

  INGOs engage in a wide range of activities and programs tailored to their specific
focus areas. These may include direct service delivery, capacity-building
initiatives, advocacy campaigns, research and policy analysis, public awareness
and education programs, and emergency response operations.

4. Funding and Financing:

 INGOs rely on various sources of funding and financing to support their

operations and programs. These may include government grants, private
donations, corporate partnerships, philanthropic foundations, and revenue-
generating activities such as fundraising events or product sales.

5. Governance and Structure:

 INGOs typically have governing bodies, such as boards of directors or trustees,

responsible for setting organizational policies, overseeing financial management,
and providing strategic direction.

 They may also have staff members, volunteers, and networks of supporters and
partners who contribute to the organization's work.

6. Accountability and Transparency:

 INGOs are often subject to accountability mechanisms to ensure transparency and

responsible stewardship of resources. This may include financial audits, program
evaluations, adherence to ethical guidelines and codes of conduct, and reporting
requirements to donors and stakeholders.

7. Examples:

 Examples of well-known international non-governmental organizations include

Amnesty International, Oxfam, Doctors Without Borders (Médecins Sans
Frontières), Human Rights Watch, Greenpeace, World Wildlife Fund (WWF),
Save the Children, and CARE International, among many others.

Overall, international non-governmental organizations play vital roles in addressing global

challenges, promoting human rights and social justice, and contributing to positive social change
around the world.
ROLE OF NGO IN IMPLIMENTATION OF HUMAN RIGHTS

Non-governmental organizations (NGOs) play crucial roles in the implementation of human

rights in various ways:

1. Advocacy and Awareness: NGOs advocate for the adoption of laws, policies, and
practices that uphold human rights standards. They raise awareness about human rights
issues through campaigns, public education programs, and media outreach, mobilizing
public support and pressure for change.

2. Monitoring and Reporting: NGOs monitor human rights situations, document violations,
and report abuses to relevant authorities, international bodies, and the public. They
provide independent and often firsthand information on human rights violations,
contributing to accountability and transparency.

3. Legal Assistance and Representation: NGOs provide legal assistance and representation
to individuals and communities facing human rights violations. They offer support to
victims of abuse, including access to justice, legal counseling, representation in court
proceedings, and assistance with filing complaints to relevant authorities.

4. Capacity Building and Training: NGOs build the capacity of local communities, civil
society organizations, and government agencies to promote and protect human rights.
They provide training on human rights law, advocacy strategies, conflict resolution, and
other relevant topics, empowering individuals and organizations to address rights
violations effectively.

5. Policy Research and Analysis: NGOs conduct research and analysis on human rights
issues, producing reports, studies, and policy briefs that inform decision-makers,
legislators, and the public. They offer evidence-based recommendations for policy reform
and systemic change to advance human rights protection.

6. Engagement with International Mechanisms: NGOs engage with international human

rights mechanisms, such as the United Nations, regional bodies, and treaty monitoring
bodies. They participate in sessions, submit reports, and provide input on human rights
issues, influencing the development of international norms and standards.

7. Community Empowerment and Participation: NGOs work directly with communities

affected by human rights violations, empowering them to advocate for their rights and
participate in decision-making processes. They facilitate community organizing,
dialogue, and social mobilization to address local challenges and promote social justice.

8. Emergency Response and Humanitarian Assistance: In times of crisis, such as armed

conflict, natural disasters, or humanitarian emergencies, NGOs provide emergency
response and humanitarian assistance to affected populations. They deliver essential
 services, including food, shelter, medical care, and psychosocial support, while upholding
human rights principles and standards.

Overall, NGOs play indispensable roles in advancing the implementation of human rights by
holding governments and other actors accountable, empowering marginalized communities, and
fostering a culture of respect for human dignity and equality.

AIDS AND HUMAN RIGHTS

The intersection of AIDS (Acquired Immunodeficiency Syndrome) and human rights is

significant, as the HIV/AIDS epidemic has profound implications for individual rights, public
health, and social justice. Here's an overview of how AIDS and human rights intersect:

1. Right to Health: The right to health, recognized in international human rights instruments
such as the Universal Declaration of Human Rights and the International Covenant on
Economic, Social and Cultural Rights, is central to the response to HIV/AIDS. Access to
prevention, treatment, care, and support services for HIV/AIDS is essential to fulfill this
right.

2. Non-Discrimination and Equality: People living with HIV/AIDS (PLWHA) often face
stigma, discrimination, and human rights violations based on their HIV status. Laws,
policies, and practices that discriminate against PLWHA undermine their dignity and
rights. Human rights principles demand equality and non-discrimination in all aspects of
HIV/AIDS prevention, treatment, and care.

3. Right to Information and Education: Ensuring access to accurate and comprehensive

information about HIV/AIDS is essential for prevention efforts. Human rights principles
affirm the right to freedom of expression and access to information, including sexual and
reproductive health information, to enable informed decision-making and behavior
change.

4. Right to Privacy and Confidentiality: Protecting the privacy and confidentiality of

individuals' HIV status is crucial to respect their autonomy and prevent stigma and
discrimination. Human rights standards require that HIV-related information be handled
confidentially and that individuals' privacy rights be safeguarded in testing, treatment,
and disclosure processes.

5. Gender Equality and Women's Rights: HIV/AIDS disproportionately affects women and
girls, who often face gender-based inequalities, violence, and discrimination that increase
their vulnerability to infection. Promoting gender equality and women's rights is essential
for addressing the root causes of the epidemic and empowering women to protect
themselves and access services.
 6. Right to Participation and Inclusion: Meaningful participation of PLWHA, key
populations (such as men who have sex with men, sex workers, transgender people, and
people who use drugs), and communities affected by HIV/AIDS is essential for an
effective response. Human rights principles emphasize the importance of community
engagement, involvement, and empowerment in decision-making processes.

7. Access to Justice and Legal Protection: Ensuring access to justice and legal protection for
PLWHA is critical to address human rights violations, including discrimination, violence,
and denial of services. Human rights mechanisms provide avenues for redress,
accountability, and the enforcement of rights in cases of HIV-related violations.

Overall, recognizing and addressing the human rights dimensions of HIV/AIDS is essential for
an effective, equitable, and rights-based response to the epidemic. Upholding human rights
principles promotes dignity, equality, and social justice for all individuals affected by
HIV/AIDS, while advancing global efforts to end the epidemic.
UNIT 4

NATIONAL HUMAN RIGHT COMMISSION

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. It is a statutory body
mentioned in the Constitution of India that was established in 1993 under the ‘Protection of
Human Rights Act.’ This act was further amended in 2006.

What is the National Human Rights Commission (NHRC)?

The National Human Rights Commission (NHRC) established in 1993, is an independent

statutory body as per the provisions of the Protection of Human Rights Act of 1993 which was
amended in 2006.

 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 the United Nations at its General Assembly of 1993

NHRC 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.
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.

Chairman of NHRC Retired Chief Justice of India

Member 1 One who is/has been a Judge of Supreme Court of India or One who is/has
been a Chief Justice of a High Court

Three Members Candidates with the knowledge or practical experience in the matters of
Human Rights (at least one to be a woman member)

Deemed Members (Ex- Deemed members are chairpersons of the below national commissions:
officio Members)
1. National Commission for Minorities
2. National Commission for Scheduled Castes
3. National Commission for Scheduled Tribes
4. National Commission for Women
5. National Commission for Protection of Child Rights
6. National Commission for Backward Classes
7. Chief Commissioner for Persons with Disabilities
ppointment 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

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
either suo-moto or after receiving a petition.

 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.

 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.

Limitations of NHRC

It is important to know the limitations of NHRC for the UPSC exam. They are mentioned
below:

 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.

 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.

Click the link to read about the National Child Labour Project Scheme.

Major Issues related to NHRC

India faces Human Rights violations on a large scale due to various reasons. The National
Human Rights Commission (NHRC) takes up most of the issues around the country. Some of
them are mentioned below:

 Arbitrary arrest and detention

 Custodial torture

 Child labour

 Violence and discrimination against women and children

 Extrajudicial killings

 Excessive powers

 Sexual violence and abuse

 LGBTQ community rights

 SC/ST, disabled people and other religious minority issues

 Labour rights and right to work

  Conflict induced internal displacement

 Manual scavenging

Also read about the Protection Of Children from Sexual Offences Act (POCSO).

Term & Removal of Chairperson of NHRC

The Chairperson or the Members of the National Human Rights Commission holds office for a
term of three years or until they attain the age of 70 years, whichever is earlier.

Earlier the tenure of office was 5 years or 70 years whichever is earlier but the Protection of
Human Rights (Amendment) Bill 2019 brought in certain changes.

The Protection of Human Rights (Amendment) Act, 2019

The differences between the Protection of Human Rights Act 1993 and the Protection of Human
Rights Amendment Bill 2019 with respect to NHRC is given below-

National Human Rights Commission (NHRC) – Key Differences

Protection of Human Rights Act 1993 Protection of Human Rights Amendment

Bill 2019

Chairperson The commission shall consist of a Chief justice of the Supreme court or the
chairperson who has been a Chief Judge of the Supreme Court shall be the
Justice of the Supreme Court chairperson of NHRC

Other Members NHRC must consist of two members to The bill amends this to allow three members
be appointed from among the persons to be appointed of which at least one will be
having knowledge of, or practical a Woman
experience in the matters relating to
Human Rights

Ex-Officio The Chairpersons for National The Bill provides for including the
Members Commission for Minorities, National chairpersons of the National Commission
Commission for Scheduled Castes and for Backward Classes, National Commission
scheduled Tribes and National for the protection of Child Rights and the
Commission for Women shall deemed Chief Commissioners for Persons with
to be Member of the Commission Disabilities as the members of NHRC

Term The Act states that the Chairperson and The bill reduces the term of Office to 3
Member of NHRC will hold office for years or till the age of 70 years whichever is
5 years or till the age of 70 years,
 whichever is earlier earlier.

Reappointment The act allows for the reappointment of The bill removes the five year limit of
the member of NHRC for the term of reappointment
five years

Powers of The act provides for a Secretary- The Bill amend this and allowed the
Secretary- General who shall be the Chief Secretary-General to exercise all the
General Executive Officer of the Commission administrative and Financial powers (except
and shall exercise powers as may be Judicial functions) subject to Chairperson’s
delegated to them control

The Protection of Human Rights (Amendment) Bill, 2019 has been passed in both Lok Sabha
and Rajya Sabha in 2019.

STATE HUMAN RIGHTS COMMISSION

The State Human Rights Commission is charged with the protection of Human Rights or
investigating any violations that occur within their respective state.

Overview of the State Human Rights Commission

The Protection of Human Rights Act of 1993 provides for the creation of not only the National
Human Rights Commission but also a State Human Rights Commission at the State Level.

About 26 states have constituted the State Human Rights Commission through official
Notification.

A State Human Rights Commission can inquire into violation of human rights only in respect of
subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the Seventh
Schedule of the Constitution of India.

The Central Government may confer upon the State Human Rights Commissions the functions
relating to Human Rights except the Union Territory of Delhi. Such functions for New Delhi are
dealt with by the National Human Rights Commission.

Candidates can read similar Polity articles from the links below:

Functions of Parliament in India

Sessions of Indian Parliament

Composition of the States Human Rights Commission

The State Human Rights Commission is a multi-member body consisting of a chairperson and
two members. The chairperson should be a retired Chief Justice or a Judge of a High Court and
members should be serving or retired judge of a High Court or a District Judge with a minimum
of seven years experience as District Judge and a person having knowledge or practical
experience with respect to human rights.

 The Chairperson and members are appointed by the Governor on the recommendations of
a committee consisting of the chief ministers as its head, the speaker of the Legislative
Assembly

 The chairperson and members hold office for a term of three years or until they attain the
age of 70 years, whichever comes first.

 Although the chairperson and members of a State Human Rights Commission are
appointed by the governor they can only be removed by the President (and not by the
Governor).

The Salaries, allowances and other conditions of service of the chairperson or a member are
determined by the state government. But they cannot be varied to his disadvantage after his
appointment. Functions of the States Human Rights CommissionThe functions of the States
Human Rights Commission are as follows:

 To inquire into any violation of human rights or negligence in the prevention of such
violation by a public servant, either suo motu or on a petition presented to it or on an
order of a court.

 To intervene in any proceedings involving allegations of violation of human rights

pending before a court.

 To visit jails and detention places to study the living conditions of inmates and make
recommendations thereon.

 To review the constitutional and other legal safeguards for the protection of human rights
and recommend measures for their effective implementation.

 To review the factors including acts of terrorism that inhibit the enjoyment of human
rights and recommend remedial measures.

 To undertake and promote research in the field of human rights.

 To spread human rights literacy among the people and promote awareness of the
safeguards available for the protection of these rights.
Working of the States Human Rights Commission

The Commission is vested with the power to regulate its procedure. It has all the powers of a
civil court and its proceedings have a judicial character. It may call for information or reports
from the state government or any other authority subordinate hitherto. The Commission is not
empowered to inquire into any matter after the expiry of one year from the date on which the act
constituting a violation of human rights is alleged to have been committed. In other words, it can
look into a matter within one year of its occurrence.

The Commission may take any of the following steps during or upon the completion of an
inquiry:

 It may recommend the state government or authority to make payment of compensation

or damages to the victim.

 It may recommend to the state government or authority the initiation of proceedings for
prosecution or any other action against the state government.

 It may recommend the state government or authority for the grant of immediate interim
relief to the victim.

 It may approach the Supreme Court or state high court for the necessary direction, order
or writs.

The Commission submits its annual or special reports to the state government. These reports are
laid before the state legislature, along with a memorandum of action taken on the
recommendations of the Commission and the reasons for non-acceptance of any of such
recommendations.

Human Rights Courts

The Protection of Human Rights Act (1993) also provides for the establishment of a Human
Rights Court in every district for the speedy trial of violation of human rights. These courts can
be set up by the state government only with the occurrence of the Chief Justice of the High Court
of that state. For every Human Rights Court, the state government specifies a public prosecutor
or appoints an advocate (who has practised as a special prosecutor).

Human rights courts in India

Section 30 of the Protection of Human Rights Act, 1993, says that “Human Rights Courts to
provide speedy trial of offenses arising out of violation of human rights, the State Government
may, with the concurrence of the Chief Justice of the High Court, by notification, specify for
each district a Court of Session to be a Human Rights Courts to try the said offenses: Provided
that nothing in this Section shall apply if:
 1. A Court of Session is already specified as a special court; or

2. A special court is already constituted, For such offenses under any other law for the time
being in force.”

Special Public Prosecutor

Under Section 31 of the Protection of Human Rights Act, 1993, the appointment of special
prosecutors for the Human Rights Courts is stated. They are to be appointed by the state
government. The Special Prosecutor should be an advocate who has been in practice for not less
than seven years. His function is to conduct cases in court. Human Rights Courts will have a
status of imparting justice and will have a different situation when compared to the National
Human rights Commission or the State Human Rights Commission.

Human Rights Courts in Districts

Chapter VI of the Act, which includes Sections 30 and 31, provides the provision relating to the
formation of a Human Rights court in every district of the country. This is done for accelerating
the speedy trial of offenses arising out of violation of Human Rights. The State government may
establish the Human rights Court with the consent and permission of the Chief Justice of the
High Court through a notification providing specifications for each district to make the Court of
Session by a Human Rights Court. The State government shall perform the task of appointing a
public prosecutor or an advocate who has had the practice of being an advocate for not less than
seven years to conduct cases in the human rights Courts. Such a person shall be called a special
Public Prosecutor.

Important Cases

In the year 2019, during the hearing of Punjab state Human Rights Commission v. Jatt Ram,
NHRC also put forth the judgment that no state compiled the order to specify or set up the HRC.
The bench said that the setting of the courts does not consider it essential to appoint any
additional judges or infrastructure till the judgment of the court is not executed. The Supreme
Court had issued Chief Secretaries to show why chief secretaries need not issue such directions.

ROLE OF JUDICIARY IN THE PROTECTION OF HUMAN RIGHTS

Judiciary has a diverse role in protection of human rights, which has been categorized as
following:

 General-

 Philosophical:

 Social justice
  Economic justice

 Socio-economic justice

 Concrete:

 Upholding law

 Judicial review

 Constitutional remedies

 Specific-

 Women,

 men,

 transgender persons,

 children,

 aged people and

 prisoners.

IN GENERAL-

In general, judiciary has been further categorized in philosophical and concrete categories.

PHILOSOPHICALLY:

Judiciary has been placed to serve the general public with justice, which is when placed to work
gets split into two modes:

I. Social justice and

II. Economic justice

III. Socio-economic justice

I. SOCIAL JUSTICE

Social justice concerns with the distribution of benefits and burdens throughout the society
entitling every member of the society to enjoy the same level of wellbeing as every other. As has
been observed by the Supreme Court social justice, equality, dignity of person, are cornerstones
of social democracy.
Case 1: Air India statutory Corpn. V United Labour Union

Supreme Court defined ‘Social Justice’, as “the concept of social justice which the constitution
of India grafted, consists of diverse principles essential for the orderly growth and development
of personality and every citizen. Social justice is thus an integral part of justice in generic sense.
Justice is the genus, of which social justice is one of its species. Social justice is a dynamic
device to mitigate the sufferings of the poor, weak, dalits, tribals and deprived sections of the
society…”

Case 2: S.R.Bommai V Union of India

Court held that social justice and judicial review is the basic feature of the Constitution of India.

Case 3: Balbir Kaur V Steel Authority of India

The Supreme Court has firmly rule that, “concept of social justice is yardstick to the justice
administration system or the legal justice and it would be an obligation for the law courts to
apply the law depending upon the situation in a manner whichever is beneficial to eth society” as
the respondent Steel Authority of India was directed to provide compassionate employment to
the appellant.