INDIAN CONSTITUTION, UDHR, ICCPR AND ICESCR: ON FOR HUMAN RIGHTS
THE UDHR-1948 AN INTRODUCTION SUPPORTING BASE DOCUMENT IS THE UN CHARTER AS PART OF THE...
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Transcript of THE UDHR-1948 AN INTRODUCTION SUPPORTING BASE DOCUMENT IS THE UN CHARTER AS PART OF THE...
THE UDHR-1948THE UDHR-1948AN INTRODUCTIONAN INTRODUCTION
SUPPORTING BASE DOCUMENT IS THE UN SUPPORTING BASE DOCUMENT IS THE UN CHARTERCHARTER
AS PART OF THE INTRNATIONAL BILL OF AS PART OF THE INTRNATIONAL BILL OF HUMAN RIGHTS (IBHR) HUMAN RIGHTS (IBHR)
The idea of bringing out a ‘bill’ for the mankind The idea of bringing out a ‘bill’ for the mankind is borrowed from the earlier two bills:- the French is borrowed from the earlier two bills:- the French and the Americanand the American
THE IBHR CONTAINS THE IBHR CONTAINS – THE UDHR [1948]THE UDHR [1948]–THE INTERNATIONAL COVENANT ON CIVIL THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) [1966]AND POLITICAL RIGHTS (ICCPR) [1966]–THE INTERNATIONAL COVENANT ON THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR) [1966](ICESCR) [1966]
HISTORICALHISTORICAL BACKGROUNDBACKGROUND
DOCUMENTSDOCUMENTS
• MAGNA CARTA 1215 – freedom from arb. arrest, right to life, to MAGNA CARTA 1215 – freedom from arb. arrest, right to life, to propertyproperty
• ENGLISH BILL OF RIGHTS 1688 – right to fair trialENGLISH BILL OF RIGHTS 1688 – right to fair trial• HABEAS CORPUS ACT 1679 – personal freedomHABEAS CORPUS ACT 1679 – personal freedom• AMERICAN DECLARATION OF INDEPENDENCE – 1776AMERICAN DECLARATION OF INDEPENDENCE – 1776• AMERICAN CONSTITUTION – 1787 creation of limited governmentAMERICAN CONSTITUTION – 1787 creation of limited government• AMERICAN BILL OF RIGHTS – 1791 ten amendmentsAMERICAN BILL OF RIGHTS – 1791 ten amendments• FRANCH DECLARATION OF THE RIGHTS OF MAN -- 1789FRANCH DECLARATION OF THE RIGHTS OF MAN -- 1789 EVENTS EVENTS BRITISH EVOLUTION OF RIGHTSBRITISH EVOLUTION OF RIGHTS AMERICAN WAR OF INDEPENDENCEAMERICAN WAR OF INDEPENDENCE FRENCH REVOLUTIONFRENCH REVOLUTION TWO WORLD WARSTWO WORLD WARS ANNIHILATION OF JEWS.ANNIHILATION OF JEWS. IMPERIALISMIMPERIALISM THINKERSTHINKERSGREEKS AND STOICS, St. THOMAS AQUINAS, HUGO GROTIUS, GREEKS AND STOICS, St. THOMAS AQUINAS, HUGO GROTIUS, THOMAS HOBBES, JOHN LOCKE THOMAS HOBBES, JOHN LOCKE
PROVISIONS OF THE UDHRPROVISIONS OF THE UDHR
CLASSIFICATION OF THE PROVISIONSCLASSIFICATION OF THE PROVISIONS
GENERAL [ART. 1 and 2] – Equality, liberty GENERAL [ART. 1 and 2] – Equality, liberty and dignity of the individual. Responsibility of and dignity of the individual. Responsibility of the international community to protect rights.the international community to protect rights.
CIVIL AND POLITICAL RIGHTS [ART. 3-21] CIVIL AND POLITICAL RIGHTS [ART. 3-21]
ECONOMIC, SOCIAL AND CULTURAL ECONOMIC, SOCIAL AND CULTURAL RIGHTS [ART. 22-27]RIGHTS [ART. 22-27]
CONCLUDING PROVISIONS [ART.28-30]CONCLUDING PROVISIONS [ART.28-30]
IMPORTANCE OF THEIMPORTANCE OF THE DECLARATIONDECLARATION
It is universal.It is universal. It serves as a common standard for all.It serves as a common standard for all. It makes violation of rights an It makes violation of rights an
international concern.international concern. It influenced the constitutions of all It influenced the constitutions of all
countries.countries. Creation of monitoring agencies under Creation of monitoring agencies under
the ICCPR, the ICESCR and other treaties the ICCPR, the ICESCR and other treaties like CAT, CERD, CEDAW and CRC.like CAT, CERD, CEDAW and CRC.