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International Human Rights

Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages. The UDHR is widely recognized as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels (all containing references to it in their preambles). Preamble The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages. The UDHR is widely recognized as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels (all containing references to it in their preambles).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, colour, 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 Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or

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National Human Rights

NHRC looks over the rights that are related to life, dignity, liberty and equality of the individual that is defined in Section 2(1) of the PHR Act. They are guaranteed by the Constitution of India, embodied in the international covenants and are enforceable by the courts of India as well. NHRC History NHRC Composition – Members of NHRC Appointment of NHRC Members Functions & Powers of NHRC The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the Protection of Human Rights Act,1993 includes enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant. The Commission also studies treaties and international instruments on human rights and makes recommendations for their effective implementation to the Government. • NHRC can investigate any complaints related to violations of Human Rights in India either suo-moto or after receiving a petition. • NHRC can interfere in any judicial process that involves any allegation of violation of Human Rights. • It can visit any prison/institute under the control of the state governments to observe the living conditions of inmates. It can further make          recommendations based on its observations to the authorities. • NHRC can review the provisions of the Constitution that safeguard Human Rights and can suggest necessary restorative measures. • Research in the field of Human Rights is also promoted by the NHRC. • Human Rights awareness and literacy through different media are promoted by NHRC in various sectors of society. • NHRC has the power to recommend suitable steps that can prevent violation of Human Rights in India to both Central as well as State                  Governments. • The President of India gets an annual report from NHRC which is laid before both the Houses of the Parliament. Limitations of NHRC • The Recommendations made by the NHRC are not binding.• Violation of Human rights by private parties cannot be considered under NHRC Jurisdiction.• NHRC doesn’t have the power to penalise the authorities that don’t implement its recommended orders.• 3 of the NHRC members are judges which give the functioning of the Commission a judicial touch.• The other members that are recommended by the Selection Committee may not necessarily be Human Rights experts.• The NHRC does not consider the following cases:• Cases that are older than one year.• Cases that are anonymous, pseudonymous or vague.• Frivolous cases.• Cases pertaining to service matters.• The NHRC has limited jurisdiction over cases related to armed forces.• The NHRC faces other issues like excess cases/complaints, insufficient funds, bureaucratic functioning style, etc. Major Issues related to NHRC India faces Human Rights violations on a large scale due to various reasons. The National Human Rights Commission (NHRC) takes up most of the issues around the country. Some of them are mentioned below:• Arbitrary arrest and detention• Custodial torture• Child labour• Violence and discrimination against women and children• Extrajudicial killings• Excessive powers• Sexual violence and abuse• LGBTQ community rights• SC/ST, disabled people and other religious minority issues• Labour rights and right to work• Conflict induced internal displacement• Manual scavenging Term & Removal of Chairperson of NHRC The Chairperson or the Members of the National Human Rights Commission holds office for a term of three years or until they attain the age of 70 years, whichever is earlier.Earlier the tenure of office was 5 years or 70 years whichever is earlier but the Protection of Human Rights (Amendment) Bill 2019 brought in certain changes.

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