AMITY GLOBAL BUSINESS SCHOOL

BEHAVIORAL SCIENCE PROJECT REPORT

HUMAN RIGHTS: Meaning, History, Education and Importance
Vikas D BBA A30606409054

INTRODUCTION

Human rights are commonly understood as "inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in both national and international law. The doctrine of human rights in international practice, within international law, global and regional institutions, in the policies of states and in the activities of non-governmental organizations, has been a cornerstone of public policy around the world. The idea of human rights states, "If the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights." Despite this, the strong claims made by the doctrine of human rights continue to provoke considerable skepticism and debates about the content, nature and justifications of human rights to this day. Indeed, the question of what is meant by a "right" is itself controversial and the subject of continued philosophical debate. Many of the basic ideas that animated the movement developed in the aftermath of the Second World War and the atrocities of The Holocaust, culminating in the adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. The ancient world did not possess the concept of universal human rights. Ancient societies had "elaborate systems of duties... conceptions of justice, political legitimacy, and human flourishing that sought to realize human dignity, flourishing, or well-being entirely independent of human rights". The modern concept of human rights developed during the early Modern period, alongside the European secularization of Judeo-Christian ethics. The true forerunner of human rights discourse was the concept of natural rights which appeared as part of the medieval Natural law tradition that became prominent during the Enlightenment with such philosophers as John Locke, Francis Hutcheson, and Jean-Jacques Burlamaqui, and featured prominently in the political discourse of the American Revolution and the French Revolution. From this foundation, the modern human rights arguments emerged over the latter half of the twentieth century. Gelling as social activism and political rhetoric in many nations put it high on the world agenda. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 1 of the United Nations Universal Declaration of Human Rights (UDHR).

PHILOSOPHY
The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. Several theoretical approaches have been advanced to explain how and why human rights have become a part of social expectations. One of the oldest Western philosophies of human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds. Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with Hume). Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls) a social contract. The two theories that dominate contemporary human rights discussion are the interest theory and the will theory. Interest theory argues that the principal function of human rights is to protect and promote certain essential human interests, while will theory attempts to establish the validity of human rights based on the unique human capacity for freedom.

Criticism The strong claims made by human rights to universality have led to persistent criticism. Philosophers who have criticized the concept of human rights include Jeremy Bentham, Edmund Burke, Friedrich Nietzsche and Karl Marx. Political philosophy professor Charles Blattberg argues that discussion of human rights, being abstract, demotivates people from upholding the values that rights are meant to affirm. The Internet Encyclopedia of Philosophy gives particular attention to two types of criticisms: the one questioning universality of human rights and the one denying them objective ground. Alain Pellet, an international law scholar, criticizes "human rightism" approach as denying the principle of sovereignty and claiming a special place for human rights among the branches of international law. Alain de Benoist questions human rights premises of human equality. David Kennedy had listed pragmatic worries and polemical charges concerning human rights in 2002 in Harvard Human Rights Journal.

INDIVISIBILITY

The UDHR included economic, social and cultural rights and civil and political rights because it was based on the principle that the different rights could only successfully exist in combination: The ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his social, economic and cultural rights. International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights, 1966 This is held to be true because without civil and political rights the public cannot assert their economic, social and cultural rights. Similarly, without livelihoods and a working society, the public cannot assert or make use of civil or political rights (known as the full belly thesis). The indivisibility and interdependence of all human rights has been confirmed by the 1993 Vienna Declaration and Programme of Action: All human rights are universal, indivisible and interdependent and related. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. Vienna Declaration and Programme of Action, World Conference on Human Rights, 1993 This statement was again endorsed at the 2005 World Summit in New York (paragraph 121). Although accepted by the signatories to the UDHR, most do not in practice give equal weight to the different types of rights. Some Western cultures have often given priority to civil and political rights, sometimes at the expense of economic and social rights such as the right to work, to education, health and housing. Similarly the ex- Soviet bloc countries and Asian countries have tended to give priority to economic, social and cultural rights, but have often failed to provide civil and political rights.

CATEGORIZATION

Opponents of the indivisibility of human rights argue that economic, social and cultural rights are fundamentally different from civil and political rights and require completely different approaches. Economic, social and cultural rights are argued to be:

positive, meaning that they require active provision of entitlements by the state (as opposed to the state being required only to prevent the breach of rights) resource-intensive, meaning that they are expensive and difficult to provide progressive, meaning that they will take significant time to implement vague, meaning they cannot be quantitatively measured, and whether they are adequately provided or not is difficult to judge ideologically divisive/political, meaning that there is no consensus on what should and shouldn't be provided as a right socialist, as opposed to capitalist non-justiciable, meaning that their provision, or the breach of them, cannot be judged in a court of law aspirations or goals, as opposed to real 'legal' rights

Similarly civil and political rights are categorized as:

negative, meaning the state can protect them simply by taking no action cost-free immediate, meaning they can be immediately provided if the state decides to precise, meaning their provision is easy to judge and measure non-ideological/non-political capitalist justiciable real 'legal' rights

Olivia Ball and Paul Gready argue that for both civil and political rights and economic, social and cultural rights, it is easy to find examples which do not fit into the above categorization. Among several others, they highlight the fact that maintaining a judicial system, a fundamental requirement of the civil right to due process before the law and other rights relating to judicial process, is positive, resource-intensive, progressive and vague, while the social right to housing is precise, justiciable and can be a real 'legal' right.

INTERNATIONAL HUMAN RIGHTS LAW

International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between states intended to have binding legal effect between the parties that have agreed to them; and customary international law, rules of law derived from the consistent conduct of states acting out of the belief that the law required them to act that way. Other international human rights instruments while not legally binding contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation. Enforcement of international human rights law can occur on either a domestic, regional or international level. States that ratify human rights treaties commit themselves to respecting those rights and ensuring that their domestic law is compatible with international legislation. When Domestic Law fails to provide a remedy for human rights abuses parties may be able to resort to regional or international mechanisms for enforcing human rights. International Human rights law is closely related to, but distinct from international humanitarian law. Similar, because the substantive norms they contain are often similar or related for example both provide a protection from torture. Distinct because they are regulated by legally distinct frameworks and usually operate in different contexts and regulate different relationships. Generally, human rights are understood to regulate the relationship between states and individuals in the context of ordinary life, while humanitarian law regulates the actions of a belligerent state and those parties it comes into contact with, both hostile and neutral, within the context of an armed conflict.

UNITED NATIONS CHARTER

The provisions of the United Nations Charter provided a basis for the development of international human rights protection. The preamble of the charter provides that the members "reaffirm faith in fundamental human rights, in the equal rights of men and women" and Article 1(3) of the United Nations charter states that one of the purposes of the UN is: "to achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion". Article 55 provides that: The United Nations shall promote: a) higher standards of living, full employment, and conditions of economic and social progress and development; b) solutions of international economic, social, health, and related problems; c) international cultural and educational cooperation; d) universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Of particular importance is Article 56 of the charter: All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55." This is a binding treaty provision applicable to both the Organization and its members and has been taken to constitute a legal obligation for the members of the United Nations. Overall, the references to human rights in the Charter are general and vague. The Charter does not contain specific legal rights, nor does it mandate any enforcement procedures to protect these rights. Despite this, the significance of the espousal of human rights within the UN charter must not be understated. The importance of human rights on the global stage can be traced to the importance of human rights within the United Nations framework and the UN Charter can be seen as the starting point for the development of a broad array of declarations, treaties, implementation and enforcement mechanisms, UN organs, committees and reports on the protection of human rights. The rights espoused in the UN charter would be codified and defined in the International Bill of Human Rights, composing the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

The Universal Declaration of HUMAN RIGHTS

PREAMBLE Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3

Everyone has the right to life, liberty and security of person. Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6

Everyone has the right to recognition everywhere as a person before the law. Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

(1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

(1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17

(1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

(1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association.

Article 21

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

(1) Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25

(1) Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible. (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

How Does International Law Protect Human Rights?

International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfill human 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. Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. The domestic legal system, therefore, provides the principal legal protection of human rights guaranteed under international law. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual and group complaints are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level.

International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976. It commits its parties to respect the civil and political rights of individuals, including the right to life, religion, freedom, freedom of assembly, electoral rights and rights to due process and a fair trial. As of March 2012, the Covenant had 74 signatories and 167 parties. The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). The ICCPR is monitored by the Human Rights Committee (a separate body to the Human Rights Council), which reviews regular reports of States parties on how the rights are being implemented. States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee normally meets in Geneva and normally holds three sessions per year.

The ICCPR has its roots in the same process that led to the Universal Declaration of Human Rights. A "Declaration on the Essential Rights of Man" had been proposed at the 1945 San Francisco Conference which led to the founding of the United Nations, and the Economic and Social Council was given the task of drafting it. Early on in the process, the document was split into a declaration setting forth general principles of human rights, and a convention or covenant containing binding commitments. The former evolved into the UDHR and was adopted on December 10, 1948. Drafting continued on the convention, but there remained significant differences between UN members on the relative importance of negative Civil and Political versus positive Economic, Social and Cultural rights. These eventually caused the convention to be split into two separate covenants, "one to contain civil and political rights and the other to contain economic, social and cultural rights." The two covenants were to contain as many similar provisions as possible, and be opened for signature simultaneously. Each would also contain an article on the right of all peoples to selfdetermination. The first document became the International Covenant on Economic, Social and Cultural Rights and the second the International Covenant on Civil and Political Rights. The drafts were presented to the UN General Assembly for discussion in 1954, and

adopted in 1966.[6] As a result of diplomatic negotiations the International Covenant on Economic, Social and Cultural Rights was adopted shortly before the International Covenant on Civil and Political Rights.

The ICCPR has its roots in the same process that led to the Universal Declaration of Human Rights. A "Declaration on the Essential Rights of Man" had been proposed at the 1945 San Francisco Conference which led to the founding of the United Nations, and the Economic and Social Council was given the task of drafting it.[2] Early on in the process, the document was split into a declaration setting forth general principles of human rights, and a convention or covenant containing binding commitments. The former evolved into the UDHR and was adopted on December 10, 1948.[2] Drafting continued on the convention, but there remained significant differences between UN members on the relative importance of negative Civil and Political versus positive Economic, Social and Cultural rights.[3] These eventually caused the convention to be split into two separate covenants, "one to contain civil and political rights and the other to contain economic, social and cultural rights."[4] The two covenants were to contain as many similar provisions as possible, and be opened for signature simultaneously.[4] Each would also contain an article on the right of all peoples to self-determination.[5] The first document became the International Covenant on Economic, Social and Cultural Rights and the second the International Covenant on Civil and Political Rights. The drafts were presented to the UN General Assembly for discussion in 1954, and adopted in 1966.[6] As a result of diplomatic negotiations the International Covenant on Economic, Social and Cultural Rights was adopted shortly before the International Covenant on Civil and Political Rights.

CORE PROVISIONS OF ICCPR

Rights to physical integrity

Main articles: Right to life, Torture, and Slavery

Article 6 of the Covenant recognizes the individual's "inherent right to life" and requires it to be protected by law. It is a "supreme right" from which no derogation can be permitted, and must be interpreted widely. It therefore requires parties to take positive measures to reduce infant mortality and increase life expectancy, as well as forbidding arbitrary killings by security forces. While Article 6 does not prohibit the death penalty, it restricts its application to the "most serious crimes" and forbids it to be used on children and pregnant women or in a manner contrary to the Convention on the Prevention and Punishment of the Crime of Genocide. The UN Human Rights Committee interprets the Article as "strongly suggest[ing] that abolition is desirable", and regards any progress towards abolition of the death penalty as advancing this right. The Second Optional Protocol commits its signatories to the abolition of the death penalty within their borders. Article 7 prohibits torture and cruel, inhuman or degrading punishment. As with Article 6, it cannot be derogated from under any circumstances. The article is now interpreted to impose similar obligations to those required by the United Nations Convention against Torture, including not just prohibition of torture, but active measures to prevent its use and a prohibition on refoulement. In response to Nazi human experimentation during WW2 this article explicitly includes a prohibition on medical and scientific experimentation without consent. Article 8 prohibits slavery and enforced servitude in all situations. The article also prohibits forced labor, with exceptions for criminal punishment, military service and civil obligations.

Liberty and security of person

Main article: Habeas corpus

Article 9 recognizes the rights to liberty and security of the person. It prohibits arbitrary arrest and detention, requires any deprivation of liberty to be according to law,and obliges parties to allow those deprived of their liberty to challenge their imprisonment through the courts. These provisions apply not just to those imprisoned as part of the criminal process, but also to those detained due to mental illness, drug addiction, or for educational or immigration purposes. Articles 9.3 and 9.4 impose procedural safeguards around arrest, requiring anyone arrested to be promptly informed of the charges against them, and to be brought promptly before a judge. It also restricts the use of pre-trial detention, requiring it to be imposed only in exceptional circumstances and for as short a period of time as possible. Article 10 requires anyone deprived of liberty to be treated with dignity and humanity. This applies not just to prisoners, but also to those detained for immigration purposes or psychiatric care. The right complements the Article 7 prohibition on torture and cruel, inhuman or degrading treatment. The article also imposes specific obligations around criminal justice, requiring prisoners in pretrial detention to be separated from convicted prisoners, and children to be separated from adults. It requires prisons to be focused on reform and rehabilitation rather than punishment. Article 11 prohibits the use of imprisonment as a punishment for breach of contract.

Procedural fairness and rights of the accused

Main articles: Rights of the accused and Right to a fair trial

Article 14 recognizes and protects a right to justice and a fair trial. Article 14.1 establishes the ground rules: everyone must be equal before the courts, and any hearing must take place in open court before a competent, independent and impartial tribunal, with any judgment or ruling made public. Closed hearings are only permitted for reasons of privacy, justice, or national security, and judgments may only be suppressed in divorce cases or to protect the interests of children. These obligations apply to both criminal and civil hearings, and to all courts and tribunals. The rest of the article imposes specific and detailed obligations around the process of criminal trials in order to protect the rights of the accused and the right to a fair trial. It establishes the Presumption of innocence and forbids double jeopardy. It requires that those convicted of a crime be allowed to appeal to a higher tribunal, and requires victims of a Miscarriage of justice to be compensated. It establishes rights to a speedy trial, to counsel, against self-incrimination, and for the accused to be present and call and examine witnesses. Article 15 prohibits prosecutions under Ex post facto law and the imposition of retrospective criminal penalties, and requires the imposition of the lesser penalty where criminal sentences have changed between the offence and conviction. Article 16 requires states to recognize everyone as a person before the law.[44]

Individual liberties
Main articles: Freedom of movement, Freedom of religion, Freedom of thought, Freedom of speech, Freedom of assembly, and Freedom of association

Article 12 guarantees freedom of movement, including the right of persons to choose their residence and to leave a country. These rights apply to legal aliens as well as citizens of a state, and can be restricted only where necessary to protect national security, public order or health, and the rights and freedoms of others. The article also recognizes a right of people to enter their own country. The Human Rights Committee interprets this right broadly as applying not just to citizens, but also to those stripped of or denied their nationality. They also regard it as near-absolute; "there are few, if any, circumstances in which deprivation of the right to enter one's own country could be reasonable". Article 13 forbids the arbitrary expulsion of resident aliens and requires such decisions to be able to be appealed and reviewed. Article 17 mandates the right of privacy. This provision, specifically article 17(1), protects private adult consensual sexual activity, thereby nullifying prohibitions on homosexual behavior, however, the wording of this covenant's marriage right (Article 23) excludes the extrapolation of a same-sex marriage right from this provision. Article 18 mandates freedom of religion. Article 19 mandates freedom of expression. Article 20 mandates sanctions against inciting hatred. Articles 21 and 22 mandate freedom of association. These provisions guarantee the right to freedom of association, the right to trade unions and also defines the International Labor Organization. Article 23 mandates the right of marriage. The wording of this provision neither requires nor prohibits same-sex marriage.

Article 24 mandates the right to a nationality. Article 27 mandates the rights of ethnic, religious and linguistic minority to enjoy their own culture, to profess their own religion, and to use their own language.

Political rights
Article 3 provides an accessory non-discrimination principle. Accessory in the way that it cannot be used independently and can only be relied upon in relation to another right protected by the ICCPR. In contrast, Article 26 contains a revolutionary norm by providing an autonomous equality principle which is not dependent upon another right under the convention being infringed. This has the effect of widening the scope of the non-discrimination principle beyond the scope of ICCPR.

Optional protocols
There are two Optional Protocols to the Covenant. The First Optional Protocol establishes an individual complaints mechanism, allowing individuals to complain to the Human Rights Committee about violations of the Covenant. This has led to the creation of a complex jurisprudence on the interpretation and implementation of the Covenant. As of October 2011, the First Optional Protocol has 114 parties. The Second Optional Protocol abolishes the death penalty; however, countries were permitted to make a reservation allowing for use of death penalty for the most serious crimes of a military nature, committed during wartime. As of December 2010, the Second Optional Protocol had 73 parties.

Reservations
A number of parties have made reservations and interpretative declarations to their application of the Covenant. Argentina will apply the fair trial rights guaranteed in its constitution to the prosecution of those accused of violating the general law of nations. Australia reserves the right to progressively implement the prison standards of Article 10, to compensate for miscarriages of justice by administrative means rather than through the courts, and interprets the prohibition on racial incitement as being subject to the freedoms of expression, association and assembly. It also declares that its implementation will be effected at each level of its federal system. Austria reserves the right to continue to exile members of the House of Habsburg, and limits the rights of the accused and the right to a fair trial to those already existing in its legal system. Bahamas, due to problems with implementation, reserves the right not to compensate for miscarriages of justice. Bahrain interprets Articles 3 (no sexual discrimination), 18 (freedom of religion) and 23 (family rights) within the context of Islamic Sharia law. Bangladesh reserves the right to try people in absentia where they are fugitives from justice and declares that resource constraints mean that it cannot necessarily segregate prisons or provide counsel for accused persons. Barbados reserves the right not to provide free counsel for accused persons due to resource constraints. Belgium interprets the freedoms of speech, assembly and association in a manner consistent with the European Convention on Human Rights. It does not consider itself obliged to ban war propaganda as required by Article 20, and interprets that article in light of the freedom of expression in the UDHR. Belize reserves the right not to compensate for miscarriages of justice, due to problems with implementation, and does not plan to provide free legal counsel for the same reasons as above. It also refuses to ensure the right to free travel at any time, due to a law requiring those travelling abroad to provide tax clearance certificates. Congo, as per the Congolese Code of Civil, Commercial, Administrative and Financial Procedure, in matters of private law, decisions or orders emanating from conciliation proceedings may be enforced through imprisonment for debt.

Denmark reserves the right to exclude the press and the public from trials as per its own laws. Reservation is further made to Article 20, paragraph 1. This reservation is in accordance with the vote cast by Denmark in the XVI General Assembly of the United Nations in 1961 when the Danish Delegation, referring to the preceding article concerning freedom of expression, voted against the prohibition against propaganda for war. Gambia, as per its constitution, will provide free legal assistance for accused persons charged with capital offences only. The United States has made reservations that none of the articles should restrict the right of free speech and association; that the US government may impose capital punishment on any person other than a pregnant woman, including persons below the age of 18; that "cruel, inhuman and degrading treatment or punishment" refers to those treatments or punishments prohibited by the Fifth, Eighth and/or Fourteenth Amendments to the US Constitution; that Paragraph 1, Article 15 will not apply; and that, notwithstanding paragraphs 2(b) and 3 of Article 10 and paragraph 4 of Article 14, the US government may treat juveniles as adults, and accept volunteers to the military prior to the age of 18. The United States also submitted five "understandings", and four "declarations".

International Covenant on Economic, Social and Cultural Rights (ICESCR)

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, and in force from 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals, including labor rights and the right to health, the right to education, and the right to an adequate standard of living. As of July 2011, the Covenant had 160 parties. A further seven countries, including the United States of America, had signed but not yet ratified the Covenant. The ICESCR is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), including the latter's first and second Optional Protocols. The Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights. The ICESCR has its roots in the same process that led to the Universal Declaration of Human Rights. A "Declaration on the Essential Rights of Man" had been proposed at the 1945 San Francisco Conference which led to the founding of the United Nations, and the Economic and Social Council was given the task of drafting it. Early on in the process, the document was split into a declaration setting forth general principles of human rights, and a convention or covenant containing binding commitments. The former evolved into the UDHR and was adopted on 10 December 1948. Drafting continued on the convention, but there remained significant differences between UN members on the relative importance of negative civil and political versus positive economic, social and cultural rights. These eventually caused the convention to be split into two separate covenants, "one to contain civil and political rights and the other to contain economic, social and cultural rights." The two covenants were to contain as many similar provisions as possible, and be opened for signature simultaneously. Each would also contain an article on the right of all peoples to selfdetermination. The first document became the International Covenant on Civil and Political Rights, and the second the International Covenant on Economic, Social and Cultural Rights. The drafts were presented to the UN General Assembly for discussion in 1954, and adopted in 1966.

The Covenant follows the structure of the UDHR and ICCPR, with a preamble and thirty-one articles, divided into five parts. Part 1 (Article 1) recognizes the right of all peoples to self-determination, including the right to "freely determine their political status", pursue their economic, social and cultural goals, and manage and dispose of their own resources. It recognizes a negative right of a people not to be deprived of its means of subsistence, and imposes an obligation on those parties still responsible for non-self-governing and trust territories (colonies) to encourage and respect their self-determination. Part 2 (Articles 2 5) establishes the principle of "progressive realization" see below. It also requires the rights be recognized "without discrimination of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". The rights can only be limited by law, in a manner compatible with the nature of the rights, and only for the purpose of "promoting the general welfare in a democratic society". Part 3 (Articles 6 15) lists the rights themselves. These include rights to

work, under "just and favorable conditions", with the right to form and join trade unions (Articles 6, 7, and 8); social security, including social insurance (Article 9); family life, including paid parental leave and the protection of children (Article 10); an adequate standard of living, including adequate food, clothing and housing, and the "continuous improvement of living conditions" (Article 11); health, specifically "the highest attainable standard of physical and mental health" (Article 12); Education, including free universal primary education, generally available secondary education and equally accessible higher education. This should be directed to "the full development of the human personality and the sense of its dignity", and enable all persons to participate effectively in society (Articles 13 and 14); Participation in cultural life (Article 15).

Many of these rights include specific actions which must be undertaken to realize them. Part 4 (Articles 16 25) governs reporting and monitoring of the Covenant and the steps taken by the parties to implement it. It also allows the monitoring body originally the United Nations Economic and Social Council now the Committee on Economic, Social and Cultural Rights see below to make general recommendations to the UN General Assembly on appropriate measures to realize the rights (Article 21) Part 5 (Articles 26 31) governs ratification, entry into force, and amendment of the Covenant.

CORE PROVISIONS

Principle of progressive realization

Article 2 of the Covenant imposes a duty on all parties to take steps... to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

This is known as the principle of "progressive realization". It acknowledges that some of the rights (for example, the right to health) may be difficult in practice to achieve in a short period of time, and that states may be subject to resource constraints, but requires them to act as best they can within their means. The principle differs from that of the ICCPR, which obliges parties to "respect and to ensure to all individuals within its territory and subject to its jurisdiction" the rights in that Convention. However, it does not render the Covenant meaningless. The requirement to "take steps" imposes a continuing obligation to work towards the realization of the rights. It also rules out deliberately regressive measures which impede that goal. The Committee on Economic, Social and Cultural Rights also interprets the principle as imposing minimum core obligations to provide, at the least, minimum essential levels of each of the rights. If resources are highly constrained, this should include the use of targeted programmes aimed at the vulnerable. The Committee on Economic, Social and Cultural Rights regards legislation as an indispensable means for realizing the rights which is unlikely to be limited by resource constraints. The enacting of anti-discrimination provisions and the establishment of enforceable rights with judicial remedies within national legal systems are considered to be appropriate means. Some provisions, such as antidiscrimination laws, are already required under other human rights instruments, such as the ICCPR.

Labour rights
Main article: Labor rights

Article 6 of the Covenant recognizes the right to work, defined as the opportunity of everyone to gain their living by freely chosen or accepted work. Parties are required to take "appropriate steps" to safeguard this right, including technical and vocational training and economic policies aimed at steady economic development and ultimately full employment. The right implies parties must guarantee equal access to employment and protect workers from being unfairly deprived of employment. They must prevent discrimination in the workplace and ensure access for the disadvantaged. The fact that work must be freely chosen or accepted means parties must prohibit forced or child labor. The work referred to in Article 6 must be decent work. This is effectively defined by Article 7 of the Covenant, which recognizes the right of everyone to "just and favorable" working conditions. These are in turn defined as fair wages with equal pay for equal work, sufficient to provide a decent living for workers and their dependents; safe working conditions; equal opportunity in the workplace; and sufficient rest and leisure, including limited working hours and regular ,paid holidays. Article 8 recognizes the right of workers to form or join trade unions and protects the right to strike. It allows these rights to be restricted for members of the armed forces, police, or government administrators. Several parties have placed reservations on this clause, allowing it to be interpreted in a manner consistent with their constitutions (China, Mexico), or extending the restriction of union rights to groups such as fire-fighters (Japan).

Right to social security

Main article: Social security

Article 9 of the Covenant recognizes "the right of everyone to social security, including social insurance." It requires parties to provide some form of social insurance scheme to protect people against the risks of sickness, disability, maternity, employment injury, unemployment or old age; to provide for survivors, orphans, and those who cannot afford health care; and to ensure that families are adequately supported. Benefits from such a scheme must be adequate, accessible to all, and provided without discrimination. The Covenant does not restrict the form of the scheme, and both contributory and non-contributory schemes are permissible (as are community-based and mutual schemes). The Committee on Economic, Social and Cultural Rights has noted persistent problems with the implementation of this right, with very low levels of access. Several parties, including France and Monaco, have reservations allowing them to set residence requirements in order to qualify for social benefits. The Committee on Economic, Social and Cultural Rights permits such restrictions, provided they are proportionate and reasonable.

Right to family life

Main articles: Children's rights, Fathers' rights, Mothers' rights, and Reproductive rights

Article 10 of the Covenant recognizes the family as "the natural and fundamental group unit of society", and requires parties to accord it "the widest possible protection and assistance." Parties must ensure that their citizens are free to establish families and that marriages are freely contracted and not forced. Parties must also provide paid leave or adequate social security to mothers before and after childbirth, an obligation which overlaps with that of Article 9. Finally, parties must take "special measures" to protect children from economic or social exploitation, including setting a minimum age of employment and barring children from dangerous and harmful occupations.

Right to an adequate standard of living

Main articles: Right to food, Right to water, Right to housing, and Right to clothing

Article 11 recognizes the right of everyone to an adequate standard of living. This includes, but is not limited to, the right to adequate food, clothing, housing, and "the continuous improvement of living conditions." It also creates an obligation on parties to work together to eliminate world hunger. The right to adequate food, also referred to as the right to food, is interpreted as requiring "the availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture." This must be accessible to all, implying an obligation to provide special programmes for the vulnerable. The right to adequate food also implies a right to water. The right to adequate housing, also referred to as the right to housing, is "the right to live somewhere in security, peace and dignity." It requires "adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities all at a reasonable cost." Parties must ensure security of tenure and that access is free of discrimination, and progressively works to eliminate homelessness. Forced evictions, defined as "the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection", are a prima facie violation of the Covenant. The right to adequate clothing, also referred to as the right to clothing, has not been authoritatively defined and has received little in the way of academic commentary or international discussion. What is considered "adequate" has only been discussed in specific contexts, such as refugees, the disabled, the elderly, or workers?

Right to health
Main article: Right to health

Article 12 of the Covenant recognizes the right of everyone to "the enjoyment of the highest attainable standard of physical and mental health." "Health" is understood not just as a right to be healthy, but as a right to control ones own health and body (including reproduction), and be free from interference such as torture or medical experimentation. States must protect this right by ensuring that everyone within their jurisdiction has access to the underlying determinants of health, such as clean water, sanitation, food, nutrition and housing, and through a comprehensive system of healthcare, which is available to everyone without discrimination, and economically accessible to all. Article 12.2 requires parties to take specific steps to improve the health of their citizens, including reducing infant mortality and improving child health, improving environmental and workplace health, preventing, controlling and treating epidemic diseases, and creating conditions to ensure equal and timely access to medical services for all. These are considered to be "illustrative, non-exhaustive examples", rather than a complete statement of parties' obligations. The right to health is interpreted as requiring parties to respect women's' reproductive rights, by not limiting access to contraception or "censoring, withholding or intentionally misrepresenting" information about sexual health. They must also ensure that women are protected from harmful traditional practices such as female genital mutilation.

Right to free education

Main article: Right to education

Article 13 of the Covenant recognizes the right of everyone to free education (free for the primary level and "the progressive introduction of free education" for the secondary and higher levels). This is to be directed towards "the full development of the human personality and the sense of its dignity", and enable all persons to participate effectively in society. Education is seen both as a human right and as "an indispensable means of realizing other human rights", and so this is one of the longest and most important articles of the Covenant. Article 13.2 lists a number of specific steps parties are required to pursue to realize the right of education. These include the provision of free, universal and compulsory primary education, "generally available and accessible" secondary education in various forms (including technical and vocational training), and equally accessible higher education. All of these must be available to all without discrimination. Parties must also develop a school system (though it may be public, private, or mixed), encourage or provide scholarships for disadvantaged groups. Parties are required to make education free at all levels, either immediately or progressively; "primary education shall be compulsory and available free to all"; secondary education "shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education"; and "higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education." Articles 13.3 and 13.4 require parties to respect the educational freedom of parents by allowing them to choose and establish private educational institutions for their children, also referred to as Freedom of education. It also recognizes the right of parents to "ensure the religious and moral education of their children in conformity with their own convictions". This is interpreted as requiring public schools to respect the freedom of religion and conscience of their students, and as forbidding instruction in a particular religion or belief system unless non-discriminatory exemptions and alternatives are available. The Committee on Economic, Social and Cultural Rights interpret the Covenant as also requiring states to respect the academic freedom of staff and students, as this is vital for the educational process.[49] It also considers corporal punishment in schools to be inconsistent with the Covenant's underlying principle of the dignity of the individual.

Article 14 of the Covenant requires those parties which have not yet established a system of free compulsory primary education, to rapidly adopt a detailed plan of action for its introduction "within a reasonable number of years."

Right to participation in cultural life

Main article: Right to science and culture Main article: Right to development Main article: Right to public participation

Article 15 of the Covenant recognizes the right of everyone to participate in cultural life, enjoy the benefits of scientific progress, and to benefit from the protection of the moral and material rights to any scientific discovery or artistic work they have created. The latter clause is sometimes seen as requiring the protection of intellectual property, but the Committee on Economic, Social and Cultural Rights interprets it as primarily protecting the moral rights of authors and "proclaiming the intrinsically personal character of every creation of the human mind and the ensuing durable link between creators and their creations". It thus requires parties to respect the right of authors to be recognized as the creator of a work. The material rights are interpreted as being part of the right to an adequate standard of living, and "need not extend over the entire lifespan of an author." Parties must also work to promote the conservation, development and diffusion of science and culture, "respect the freedom indispensable for scientific research and creative activity", and encourage international contacts and cooperation in these fields.

HUMAN RIGHTS EDUCATION

The United Nations General Assembly has proclaimed it as central to the achievement of the rights enshrined in the Universal Declaration of Human Rights (UDHR):

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms...
Preamble to the Universal Declaration of Human Rights, 1948

Article 26.2 of the UDHR states the role of educators in achieving the social order called for by the declaration:

Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
Article 26.2 of the Universal Declaration of Human Rights

Article 29 of the Convention on the Rights of the Child requires states to ensure that children are enabled to develop a respect for their own cultural identity, language and values and for the culture, language and values of others. The importance of human rights was reaffirmed by the United Nations in the 1993 Vienna Declaration and Programme of Action:

The World Conference on Human Rights reaffirms that States are duty-bound, as stipulated in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights and in other international human rights instruments, to ensure that education is aimed at strengthening the respect of human rights and fundamental freedoms.
Paragraph 33, section 1 of the Vienna Declaration and Programme of Action

States should strive to eradicate illiteracy and should direct education toward the full development of the human personality and to the strengthen of respect for human rights and fundamental freedoms. The World Conference on Human Rights calls on all States and institutions to include human rights, humanitarian law, democracy and rule of law as subjects in curricula of all learning institutions in formal and non- formal settings. Human rights education should include peace, democracy, development and social justice, as set forth in international and regional human rights instruments, in order to achieve common understanding and awareness with a view to strengthening universal commitment to human rights.
Paragraph 79 and 80, section 2 of the Vienna Declaration and Programme of Action

As a result of the Vienna Declaration the decade from 1995 to 2004 was declared the UN Decade of Human Rights Education. UNESCO has a responsibility to promote human rights education, and was a key organizer of the UN's Decade for Human Rights Education UNESCO attempts to promote human rights education through:

Development of national and local capacities for human rights education, through its co-operation in development projects and programmes at national and sub-regional levels. Elaboration of learning materials and publications and their translation and adaptation in national and local languages. Advocacy and Networking Activities.

Following the Decade of Human Rights Education, on 10 December 2004, the General Assembly proclaimed the World Programme for Human Rights Education, and ongoing project to advance the implementation of human rights education programmes in all sectors:

Building on the achievements of the United Nations Decade for Human Rights Education (1995-2004), the World Programme seeks to promote a common understanding of the basic principles and methodologies of human rights education, to provide a concrete framework for action and to strengthen partnerships and cooperation from the international level down to the grass roots.

HUMAN RIGHTS EDUCATION AT SCHOOLS

Several schools offer human rights education as part of their curriculum, for example linked subjects like History, Politics and Citizenship, but there are also specialized courses, such as Human Rights offered as part of the International Bacclaureate Diploma programme for high school students. IB Human Rights is an academic subject containing units on

The theory of human rights The practice of human rights Contemporary human rights issues

In order to pass the course students are required to study for two years, take a final examination and produce a coursework. As part of their Diploma programme students may also choose to write their Extended Essay on Human Rights. This is a 4000 word research paper focusing on human rights. The IB Human Rights course was originally authored by Joni Mkivirta, the developer of Cognitive Emotional Pedagogy. Part of the 2002 version of the IB Human Rights syllabus can be found at the Global Human Rights Education (HREA) website. Only part of the syllabus is available at HREA website for copyright reasons. The complete IB Human Rights syllabus that contains more details, including the assessment criteria, as well as the guide for the Human Rights Extended Essay can be acquired from the International Baccalaureate Organization.

HUMAN RIGHTS EDUCATION USES IN THE 21st CENTURY

As a strategy for development (Clarence Dias)

As empowerment (Garth Meintjes)

As a way of change for womens rights (Dorota Gierycz)

As a legal prospective and for law enforcement (Edy Kaufman)

HUMAN RIGHTS EDUCATION MODELS

1. Values and awareness: The Values and Awareness Model focuses on transmitting basic knowledge of human rights issues and to foster its integration into public values based on its philosophical-historical approach. This model is what people commonly think of when human rights are concerned with the target audience being the general public with topics including global human rights and more cultural based matters. 2. Accountability: The Accountability Model is associated with the legal and political approach to human rights in which the learners which the model targets are already involved via professional roles. The model is incorporated by means of training and networking, covering topics such as court cases, codes of ethics, and how to deal with the media. 3. Transformational: This model of education focuses on the psychological and sociological aspects of human rights. The topics towards which this model is effective are those including vulnerable populations and people with personal experiences affected by the topic, such as women and minorities. The model aims to empower the individual, such as those victims of abuse and trauma. The model is geared towards recognizing the abuse of human rights but is also committed to preventing these abuses.

IMPORTANCE OF HUMAN RIGHTS

WHY ARE HUMAN RIGHTS IMPORTANT?

Adopted by the General Assembly on December 10, 1948, the Universal Declaration of Human Rights (UDHR) is one of the first major achievements of the United Nations. The United States is a charter member of the United Nations and the U.S. Representative to the U.N., Eleanor Roosevelt, was a lead drafter of the UDHR. The author States of Declaration, from different regions of the world, sought to ensure that the text would incorporate values common to all communities. 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. Significant development in thinking about human rights had already taken place in the seventeenth and eighteenth centuries. Indeed, the American Declaration of Independence of 1776 stated: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness." While itself a non-binding document, the UDHR arguably is part of customary international law, reflecting the almost universal vision of nations about the universal human rights of all the people. These fundamental human rights should be a common standard of achievement for all peoples and nations - UDHR Preamble. They are the basic rights that all human beings should enjoy, respect and protect. The UDHR, together with the International Covenant on Civil and Political Rights (ICCPR), its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights (ICESCR), form what is known as International Bill of Human Rights. International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfill human 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. Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. Universal human rights should be applied to all persons without distinction of any kind: we are all human beings, so we are all entitled to enjoy these rights. Human rights are what reason requires and conscience demands. They are us and we are them. Human rights are rights that any person has as a human being. We are all human beings; we are all deserving of human rights. One cannot be true without the other. - Kofi Annan, Secretary-general of the United Nations Remember that, as Eleanor Roosevelt said, "the destiny of human rights is in the hands of all our citizens in all our communities."

HUMAN RIGHTS EDUCATION IN INDIA

It may be said that in India that the content of human rights education is not different to what was taught by way of religion, be it Hinduism, Buddhism, Christianity or Islam. There is lot of truth in that statement. The quintessence of human rights is also the basic essence of all religions, Love, compassion, loving kindness are the same. However, while teaching religions we confined the obligations arising from these doctrines only to their followers. Human rights could bring in a universal aspect to moral and ethical education. And we in our divided societies are in great need of this On the other hand in the context of rapid secularization we could still retain a basic common ground for respect for each other. We could still be our brothers keepers and withstand value systems which only promote selfish ways of life. Indian textbooks barely mention human rights. Indirect references to human rights are included in the Directive Principles of the Constitution of India and in civics and history textbooks. Most universities in India do not offer human rights education, although some have three-month to one-year postgraduate courses on human rights. Section 12(h) of the Protection of Human Rights Act, 1993, requires the Commissionto spread human rights literacy among various sections of society and promote awareness .The National Human Rights Commission of India and many NGOs have launched a countrywide public information campaign for human rights. It aims to make everyone more conscious of human rights and fundamental freedoms and better equipped to stand up for them. At the same time, the campaign spreads knowledge of the means which exist at the international and national levels to promote and protect human rights and fundamental freedoms.

CONCLUSION
Any education to be effective needs to be contextualized too. Thus it is not enough to teach abstract principles of human rights taken from United Nations documents or our Constitutions. Our historical context as nation as well as local contexts needs to be reflected in human rights education. The contextualizing of human rights is essential for nurturing of peace. Creative reflections on local situations from a human rights perspective would help the schools greatly, to become the societies most important peace makers. Some say that we Indians should have fewer rights than people living in Western countries. They say, the human rights concepts are Western. Only people who have all the rights could say this to people who have much less rights. We keep masses of humanity without rights and condemn the growing consciousness of rights as a Western one. This would mean that to be Indian one has to put up with ones bondage, one must remain submissive, one must eat less and work more. Is that what our women and our children need to believe? Is that what our workers and peasants need to believe while multinational companies with the help of our elite take away the fruit of their labors, and the fruit of our lands? The relativist theory, though couched in nationalist terms is not nationalist at all. It work for the benefit of big companies Western or otherwise.