The Rights embodied in the Universal Declaration of Human Rights have been set forth in two Covenants: the International Covenant on civil and political rights and the International convent on economic, social and cultural rights, which were adopted by the general assembly on 16th December 1966 by 66 words to 2 with 38 abstentions.
The two covenants entered into force in 1976 after 35 States had ratified or acceded to each of them. The two Covenants ensure equal rights of man and woman to the enjoyment of all civil and political rights and economic, social and cultural rights set forth therein. Together with the Universal Declaration of Human Rights on which they are based and on Optional protocol providing machinery for complaints from individuals, they constitute the first Global bill of rights is required 35 ratifications on accession before coming into force. The optional protocol subject to entry into force of the covenant on civil and political rights required 10 instruments of ratification of accession. The Covenant on economic, social and cultural rights entered into force on January 3, 1976, and the covenant on civil and political rights came into force on March 23, 1976. by 31st December 1982, 75 states had ratified to the covenant on civil on economic, social and cultural rights; and 28 states had also accepted the optional protocol
International covenant on civil and political rights 1966
Covenant on civil and political rights consists of 53 Articles and is divided into six part, while in parts I, II and third various rights and freedoms are enumerated, the other three parts are devoted with implementation procedure for effective relations of these rights along with the final clause
Article – 1 which refers to the rights of peoples to self determination states that all peoples have the rights freely to determine their political status and freely pursue their economic, social and cultural development and may, for their own ends, freely dispose of their natural wealth and resource without prejudice to any principles of mutual benefit and international law. The Article Further states that in no case may a people be deprived of its own means of subsistence, and that the states parties shall promote the relations of the rights of self-determinations and shall respect that right.
International covenant on economic, social and cultural rights 1966
The covenant on economic; social and cultural rights also stipulated the above provisions in toto under Act.-1
Part II – Stipulated rights and obligation of the state parties to the covenants. It included the obligation of the states to take necessary steps to incorporate the provision of the covenant in the domestic laws and to adopt such legislative or other measures as may be necessary to give effect on the rights recognized in the covenant the state parties ensure the equal rights of men and women to the enjoyment of all civil and political rights.
Part-III of the Constitution of India
Human rights are those minimal rights which every individual must have against the state or public authorities by virtue of which being a member of human family irrespective of any other consideration. When human rights are guaranteed by a written constitution they are called "fundamental rights" because a written constitution is a fundamental law of a State. Human Rights are not created by any legislature. They assume the position of natural rights. These rights provide the suitable condition for the material and moral uplift of the people because of their immense significance to the human beings; human rights are also sometimes referred as fundamental rights, basic rights, inherent rights, natural rights, and birthright. Human rights are being essential for all round development of personality of the individuals as the society, being necessarily protected and being made available to all individuals. As a result, these rights have become established as guaranteed human rights
Part III (Article III) of the Indian Constitution deals with Fundamental rights: There are six fundamental rights listed in the Constitution of India. Article 14 to 18 of the Constitution guarantee the right to equality to every citizen of India. Article 14 embodies the general principle of equality before law and prohibits unreasonable discrimination between persons. Article 14 embodies the idea of equality expressed in the Preamble. The succeeding Articles 15, 16, 17 and 18 lay down the specific application of the general rules laid down in Article 14. Article 15 relates to prohibition of discrimination on the ground of religion race, caste, sex or place of birth. Article 16 guarantees equality of opportunity in matters of public employment. Article 17 abolishes untouchability. Article 18 abolishes title.
Six fundamental rights in the nature of freedoms which are guaranteed to the citizens by Article 19. These fundamental freedoms are freedom of speech, and expression, freedom of assembly, freedom to form associations, freedom of movement, freedom to reside and to settle, freedom of movement, freedom of trade occupation trade or business.
Article 20 provides safeguards to the persons accused of Crimes such as protection against Ex post facto law, Double Jeopardy, Prohibition against self-incrimination. Article 21 of the Constitution says that "No person shall be deprived of his life or personal liberty except according to procedure established by law." The right guaranteed in Article 21 is available to 'citizens as well as non-citizens.
A) Right to equality (Article 14-18)
B) Right to freedom ( Article 19-22)
C) Right against exploitation (Article 23-24)
D) Right to freedom of religion (Article 25-28)
E) Cultural and educational rights
( Article 29-30)
F) Right to property is now very much diluted and is secured to some extent by Article.300A, 31A, 3B, 31C.
G) Right to constitutional remedies
( Article 32-35)
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