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Advancing Human Rights: From Charity to Entitlement in India

This document discusses the evolution of human rights in India, moving from charitable practices to recognizing rights as entitlements under the law. It emphasizes the need for structured initiatives and movements to effectively advocate for human rights, highlighting the roles of governance and legal frameworks. The text also delves into the obligations of the state in respecting, protecting, fulfilling, and promoting human rights, underscoring their universal nature and the interdependence of various rights. Moreover, it outlines key institutional bodies and frameworks that support human rights advocacy in India.

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Advancing Human Rights: From Charity to Entitlement in India

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  1. INSTITUTIONAL SYSTEMS FOR HUMAN RIGHTS L.S.GHANDI DOSS ghandidoss@gmail.com Formerly at Social Work, Bangalore University

  2. We have moved from…. • Charity approach to the needy • Act of benevolence - Dhrmaraja etc • An act of welfare to the people • Action arising out of constitutional rights • Rule of Law • Human Right- an entitlement because ‘we are also human’ MU/LSG

  3. Movements, initiatives and social or visible structure • It is an agreed fact that initiatives, movements for a cause cant survive unless there is certain kind of structure to covert aspirations into achievable acts. • Democracy - Election by people. • Workers Rights - Trade Union • Governance - Constitution MU/LSG

  4. WHAT ARE HUMAN RIGHTS? • Human rights are universal - the birth right of all human beings. • Human rights focus on the inherent dignity and equal worth of all human beings. • All human rights are equal, indivisible and interdependent. MU/LSG

  5. WHAT IS HUMAN RIGHTS LAW? • A set of performance standards for duty-bearers at all levels of society, but especially organs of the state. • It serves as a basis for accountability. • It grants justifiable legal guarantees to every individual as a rights-holder. • It is codified in international, regional and national legal systems. MU/LSG

  6. JUSTIFIABLE GUARANTEES • Are legal entitlements. • They may be invoked in a court of law. • If violated, a court may order a remedy such as compensation. MU/LSG

  7. Human Development and Human Rights • Human Development Report (2000): Linking of the human development paradigm with the idea of human rights • Key question: How can the obligations of national governments and the international community with respect to human development be justified and specified? • Move beyond the human development paradigm by bringing in philosophical or legal theory, especially a theory of universal human rights MU/LSG

  8. Rights and Entitlements • General form of a rights-based claim: • Logical relationship between two agents (x) and (y) and a condition (z) • Specification of a rights-holder/s (x), duty holder/s (y) condition (z) MU/LSG

  9. HUMAN RIGHTS OBLIGATIONS OF STATE • 4 categories of obligations: • Respecting a right means that a state must not violate a particular right. • Protecting a right means that a state has to prevent violations of that right by non-state actors. • Fulfilling a right means that a state has to take all appropriate measures, like allotting budgetary resources, to the realisation of that right. • Promoting a right means that a state must educate the public and raise awareness about that right MU/LSG

  10. Human rights FUNDAMENTAL FREEDOMS HUMAN RIGHTSGOVERNMENT OBLIGATIONS MU/LSG

  11. Human Right Bodies Charter-based bodies • Human Rights Council • Universal Periodic Review • Commission on Human Rights (replaced by the Human Rights Council) • Special Procedures of the Human Rights Council • The International Court of Justice (ICJ MU/LSG

  12. core international human rights treaties • Human Rights Committee (CCPR) • Committee on Economic, Social and Cultural Rights (CESCR) • Committee on the Elimination of Racial Discrimination (CERD) • Committee on the Elimination of Discrimination against Women (CEDAW) • Committee against Torture (CAT) & Optional Protocol to the Convention against Torture (OPCAT) - Subcommittee on Prevention of Torture (SPT) • Committee on the Rights of the Child (CRC) • Committee on Migrant Workers (CMW) • Committee on the Rights of Persons with Disabilities (CRPD) • Committee on Enforced Disappearance (CED) MU/LSG

  13. National – State Bodies • National Confederation of Human Rights Organizations (NCHRO) • KARNATAKA STATE HUMAN RIGHTS COMMISSION MU/LSG

  14. Some Institutional frames are.. • National Women’s commission; • National and State Human Rights Commission; and similar legislations • Public Interest Litigation; • Right to Information • (The Public Interest Disclosure and Protection of Persons making the Disclosure Bill 2010)* • The Social Audit Council of A.P MU/LSG

  15. Voluntary Sector • International Human Rights Association (India) • Amnesty International India, • SICHREM is the acronym for South India Cell for Human Rights Education and Monitoring ( Karnataka ) • Social Watch: promoting accountability MU/LSG

  16. MU/LSG

  17. Mother Teresa………. 17 MU/LSG In this life we cannot do great things. We can only do small things with great love. MU/LSG 17

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