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Unit 30: Brief Historical Background of Human Rights with Special Reference ...


            Self Assessment                                                                          Notes
            2.  Fill in the blanks:
               (i) The protection of human rights act 1993 has been enacted to the directive under ..................
                  of the constitution and also the commitments taken at Vienna conference.
              (ii) The human rights courts constituted under ................ of the protection of human rights
                  act, 1993.
              (iii) The establishment of the .......................... under the protection of human rights act has
                  helped focused on the issue of custodial violence committed by police in India.
              (iv) The functions of the state human rights commission include considerable scope and
                  range of the functions for the commission under ..................... of the act.
              (v) .......................... of human rights constitute the principle concern of the state human rights
                  commission.

            30.6 Summary
            •   The Universal Declaration of Human Rights is a document which was drafted by the
                United Nations Commission on Human Rights after the close of the Second World War.
            •   One of the champions of the document was Eleanor Roosevelt, who sat as Chairwoman on
                the Commission when the document was drafted. Roosevelt also contributed a substantial
                amount of text to the Universal Declaration of Human Rights. On 10 December 1948, the
                document was officially ratified by 48 member nations, while eight abstained from voting.
            •   Altogether, the Universal Declaration of Human Rights includes 30 articles which clearly
                outline basic human rights such as freedom from torture and slavery.
            •   The basic idea of human rights is that every person possesses dignity by the fact alone of
                being a person. Human rights, which are inalienable and indivisible, protect this dignity.
                The concept of human rights is based on a universal system of values shared by all
                peoples, which offers a framework for the construction of a human rights system with
                internationally recognised norms and standards.
            •   There are civil and political rights; economic, social and cultural rights; and solidarity
                rights.
            •   The main civil and political rights are:  (i) right to life, liberty and security of person; (ii)
                prohibition of slavery; (iii) prohibition of torture; (iv) right to a fair trial; (v) protection of
                privacy and family life; (vi) freedom of movement; (vii) freedom of opinion and religion;
                (viii) freedom of assembly and association; (ix) right to vote.
            •   The main economic, social and cultural rights are: (i) right to work, reasonable pay and
                free choice of employment; (ii) right to form trade unions; (ii) right to a reasonable standard
                of living, right to food; (iv) right to reasonable health care; (v) right to education; (vi)
                right to participate in cultural and social life
            •   The main solidarity rights are: (i) right of peoples to self-determination; (ii) right to peace;
                (iii) right to a clean environment (iv) right to development.
            •   The States affirmed the universal respect for inalienable rights and fundamental freedoms
                of each and every person, including the principles of the prohibition against arbitrary
                detention, the right to due process and other civil and political rights as well as social,
                cultural and economic rights.
            •   The obligation to respect means that States must refrain from interfering with or curtailing
                the enjoyment of human rights.
            •   The obligation to protect requires States to protect individuals and groups against human
                rights abuses.
            •   The obligation to fulfill means that States must take positive action to facilitate the
                enjoyment of basic human rights.




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