Prevention of Violation Of Human Rights

Prevention of Violation Of Human Rights

BODIES AT INTERNATIONAL LEVEL TO PREVENT VIOLATION OF HUMAN RIGHTS

Human rights have been a world requisite to safeguard individuals from social, cultural abuses within the community. They are the essential fundamental principles to keep up harmony and peaceful surroundings. The human rights do prevail as municipal and jurisprudence. At municipal level, Local authorities do exercise jurisdiction on a routine. Therefore, there exists a transparent and powerful connection between human rights and native government. When performing their functions, local authorities do involve in taking many important decisions on problems with health, education, and so on. As they effect human rights on a broader scale. Also, the government should make sure that there's no discrimination within the community. within the area of housing, as an example, “scapegoating, stigmatization and discrimination against homeless people” are often more pronounced at the local level. Human rights responsibility and duties must not be violated by any public officials by their actions. It requires government to refrain from interfering with the enjoyment of the rights and freedoms of all persons within its jurisdiction. According to the correct to health, local government should make sure that there's proper access to health facilities to each citizen. As an example, local govt and authorities have a jurisdiction to make sure that there's no absenteeism. For instance, local authorities are required to require action to make sure that children don't seem to be prevented by others from attending school. The duty to shield can necessitate creating safer urban environments that reduce the danger of violence, for instance against women. To go with the duty to fulfil the proper of people to not be discriminated against, local human rights mechanisms like ombudspersons or specialized anti-discrimination agencies is established. International law is a critical form of human rights. The government has the power to control the freedoms of individuals or groups – freedoms that may be harder to win without international agreement and pressure. At the International level, in accordance there are various international treaties and instruments to protect human rights worldwide and are binding within states. Other international human rights instruments also provide to the enactment and development of the international human rights and has been conceived as a source of obligation and duties of the state.

HISTORY: For decades, there was no human rights law worldwide. In fact, international law supported and colluded in many of the worst human rights outrage, including the Atlantic Slave Trade and colonialism. It was in the 19th century when the first international legal standards were adopted under the auspices of the International Labour Organization (ILO). ILO was founded in 1919 as part of the Peace Treaty of Versailles. ILO functioned to protect the rights of workers in an industrialized world. With the passing years, many other bodies were also set up to protect human rights and prevent its violation. In 1948, the Universal declaration of human rights (UDHR) brought the human rights within the ambit of international law. From that date onwards, the organization has been committed in protection of human rights from legal instruments, various treaties, social obligations and on-field tasks.

LIST OF BODIES AT INTERNATIONAL LEVEL

High Commissioner for Human Rights: The UN high commission officer has the duty to promote human rights and prevent its violation. The office supports the human rights components of peacekeeping missions in several countries, and has many country and regional offices and centres. The High Commissioner for Human Rights regularly monitors the human right situation and has the authority to investigate situations and issue reports on them.

Human Rights Council- The council has 47 elected UN member states, who are entitled to prevent any social or cultural abuses and prevent any discrimination faced by vulnerable groups.HR council addressees specific procedures to know about the country situations. Special Procedures are either an individual a special rapporteur or representative, or independent expert or a working group. They are independent experts working on a voluntary basis and are appointed by the Human Rights Council. There are currently 30 thematic mandates and eight country mandates. All report to the Human Rights Council on their findings and recommendations. Under human rights council, there exist various UN treaty bodies to protect human right at international forum of independent experts who monitor compliance with human rights standards and norms flowing from the core international human rights treaties: -

A. 2 ICESCR (Committee on economic, social and cultural rights).

B. CERD (Committee on racial discrimination).

C. CEDAW (Committee on eliminating discrimination against women).

D. CRC (Committee setup for rights of a child).

E. ICRMW (Committee formed for migrant worker rights).

F. ICPPED (Committee on enforced disappearances).

In conclusion, Preventing the violations of the rights is the primary duty of the state. It requires a proactive, continuing and systemic process of addressing risk factors and causes of human rights violations through a range of measures to ensure respect for and protection of all human rights for all those within the State’s territory or jurisdiction. International and regional organizations also have a prime responsibility to prevent violation A framework is required to ensure effective solutions to prevent its recurrence at domestic as well as international level. This in turn requires the establishment of independent institutions, including NHRIs and an accessible and effective legal system.

BODIES AT NATIONAL LEVEL TO PREVENT VIOLATION OF HUMAN RIGHTS

In the 19th century, a number of human rights issues came front and began to be addressed at the international level, beginning issues were slavery, brutal working labors and child labors. This all lead to adoption of first international treaties concerning human rights. In 20th century, the emergence of protecting the human rights begun to receive more importance. The importance led to codifying these rights in written form recognized by the states and became the early originators of today’s human right treaties. Security of the nobility of an individual is basic for congruity in the general public, as its infringement can have grave effect on individual specifically and on society all in all. Every individual is qualified for certain rights which are intrinsic to human presence. Assurance of human rights is a need for the turn of events and development of an individual character, which at last contributes in the advancement of the country overall. Human right are the rights provided to every individual equally irrespective of their caste, religion, customs or gender which they carry with them till the end. Section 2(1) (d) of the Protection of Human Rights Act of 1993 states “Human Right” as “rights regarding life, equality and dignity of the man or woman assured by using the Constitution". India is the biggest democratic based system in the world. Being a democratic nation one of the primary destinations is the security of the fundamental privileges of the individuals. Administration of India has given due thought to the acknowledgment and assurance of human rights. The Constitution of India perceives these privileges of the individuals and shows profound worry towards them.

THE PROTECTION OF HUMAN RIGHTS ACT 1993

The requirement for the security of human rights issues both at national and worldwide level prompted the order of an Act which explicitly manages the insurance of Human rights called 'The Protection of Human Rights Act, 1993.  The goal of the Act is to give authoritative structure to ensuring human rights. The Act accommodates Human Rights Commission at national level just as at State level in each state and further for arrangement of Human Rights Courts at region level for better security of human rights and matters associated therewith. A couple of instances of infringement of economic, social and cultural rights include: Forcibly expelling individuals from their homes (the privilege to satisfactory lodging) sullying water, for instance, with squander from State-claimed services (the privilege to wellbeing).

THE PROTECTION OF HUMAN RIGHTS (AMENDMENT ACT 2019) –

The Bill alters the Protection of Human Rights Act, 1993. The Act accommodates a National Human Rights Commission (NHRC), State Human Rights Commissions (SHRC), and Human Rights Courts. The bill plans to quicken the procedure of arrangement of chairperson and members of the National Human Rights Commission (NHRC)

3 Benefits:

 1. The Amendment will fortify the Human Rights Institutions of India further for viable release of their orders, jobs and duties.

2. Moreover, the amended Act will be in flawless sync with the concurred worldwide norms and benchmarks towards guaranteeing the rights identifying with life, freedom, uniformity and poise of the person in the nation.

3. The amendment will likewise make National Human Rights Commission (NHRC) and State Human Rights Commission (SHRC) more consistent with the Paris Principle concerning its self-sufficiency, autonomy, and pluralism and wide-going capacities so as to viably secure and advance human rights.

BODIES RESPONSIBLE FOR PROTECTING HUMAN RIGHTS

Under human rights arrangements, governments have the essential duty regarding ensuring and advancing human rights. However, governments are not exclusively accountable for safeguarding human rights.

1. Judiciary- It is constitutional mandate of judiciary to defend human rights of the citizens. Supreme Court and High Courts are empowered to do so to put into effect these rights supplied under Articles 32 and 226 of the charter. Judiciary is ultimate protector of the human rights of the people. It now not only protects the rights enumerated in Constitution but additionally has identified positive unremunerated rights through deciphering the essential rights and widened their scope. In Maneka Gandhi v. Union of India AIR 1978 SC 597, the Supreme Court interpreted the proper to existence and to widen its scope and deduced un-enumerated proper which includes “right to live with human dignity”

2. National Human Rights Commission (NHRC) -Safeguard and Protector of Human Rights. Since its foundation the NHRC is managing various types of human rights infringement. It not just played out a few exercises to secure and advance human rights in India yet at a few events gave headings to governments and their instrumentalities to regard human privileges of weak area of the general public. The human rights of women, children, and prisoners, accused and under trials have been given special recognition.

Functions of NHRC

The main function of NHRC is to conduct inquiries into violation of human rights. NHRC conducts inquiries for the following categories of violations:

· Violation of right to life, freedom, equity and pride.

· Violation of global settlements to which India is a party.

 · Abetment of abuse of human rights by a civic official.

· Negligence of local official in avoidance of human rights infringement.

3. State Human Rights Commission (SHRC) - The State Commission is enabled to perform similar capacities, which have been endowed to the National Human Rights Commission. State Commission examines into infringement of human rights just in regard of issues identified with any of the tracks specified in List II and III in the Seventh Schedule of the Constitution.

4. Human Rights Courts State- Government set up these courts with simultaneousness of the Chief Justice of the High Court, by notice indicating for each region a Court of Session to be a Human Rights Court under Section 30. State Government chooses Special Public Prosecutor to direct cases in human rights court under Section 31 of the Act. Human Rights Courts have been set up in the States of Assam, Andhra Pradesh, Sikkim, Tamil Nadu and Uttar Pradesh. Commission keeps in contact with the concerned High Courts with the end goal of clarifying the exact idea of the offenses to be attempted in such courts and different insights about the direct of their business.

5. NGOs- Other than the administration there are non-government entities which play a significant job in protection of human rights. NGOs are playing amazing role in the general public. NGOs have key task to carry out in arranging, checking and assessment of the procedure of the assurance of human rights. A portion of the NGOs working in this field are - Saheli for women’s' rights, Youth of Voluntary Action for eradication of child labour, Bandhua Mukti Morcha for eradicating bonded labour, People's Union for Civil Liberties and citizens for democratic rights have likewise assuming an essential job as they have taken up different examples of human rights infringement under the steady gaze of the Supreme Court of India.

The National Human Rights Commission has made a move on a several complaints, primarily reports by NGOs from various portions of the nation. The outstanding job of NGOs in facilitating human rights is given acknowledgment in the Protection of Human Rights Act, 1993. The Protection of Human Rights Act under Section 12 (i) explicitly gave the Commission to "support the endeavours of non-governmental associations and foundations working in the field of human rights". The other bodies constituted by the government of India to safeguard and protect the rights of specific groups. They are National commission for women.

· Chairman as ex-officio member of NHRC.

· Tending to the issues of women rights infringement and prompting the administration on strategy matters recognised with women. II. National commission for minorities

· Chairman as ex-officio member of NHRC.

· Protection of minorities’ rights. III. National commission for SC/ ST

 · Chairman as ex-officio member of NHRC. These are two separate commissions: one for SC and another for ST.

· Schedule castes and schedule tribes are the worst sufferers of socioeconomic exploitation. Take for instance, ST residing in plantation areas are often displaced due to developmental projects which quantities violation in their numerous rights consisting of right to livelihood, right to stay human dignity, right to life and personal liberty, right to education, right to own family, right to assets, cultural and customary rights and right to carry on any work and trade.

· The Commission suggested harsh movement against the individuals who were seen as liable of abusing human rights of SC and ST and discriminating them. IV. National commission for protection of child rights

· Protection of child rights and wellbeing of children.

· The Commission worried on salvage of children working with sexual and nonsexual based exercises. The NHRC argued for the abrogation of the practice of bonded and child labour and gave a few instructions to governments to restore and resettle saved child discovered working in tanneries and productions in different portions of the nation.

· Special endeavours have been made by the Commission to liberate the children from the slavery in region of Maharashtra, Punjab, Bihar, UP, MP and Jharkhand and so on.

· Looks into the complaint with respect to disabled persons to protect their rights.

It's effectively evident that the bodies are doing outstanding service in zone of insurance and advancement of human rights. It is taking Suo motu understanding of the human rights infringement and giving instruction and advice to the states and their administrative centre to prevent infringements. In like manner, it is every now and again entraining human rights grumblings from various portions of the nation and imposing punishments. The individuals have been regularly made mindful about their human rights through routine of workshops, classes, discussion and meetings.

ROLE OF INDIAN NGO’S IN HUMAN RIGHTS PROTECTION-

We all know government bodies play an important part in dealing with human rights issues but we cannot deny with the fact that Nongovernmental Organizations (NGOs) are also working exceptionally good in the particular field. NGO’s have a vital role to play in the promotion and protection of human right specially in the developing country, has the largest number of NGO’s whose activates are spared in different fields for the welfare of human being including the promotion and protection of human right.

                          HUMAN RIGHTS BASED NGO IMPACT IN INDIA –

1. Milaan Foundation is an organization working for an inclusive and equal world for girls. Their continued efforts are empowering young girls from marginalised communities with the knowledge and skills needed to pursue their dreams and realise their potential. These girls become influencers within their communities and enable more girls to break free from illiteracy and poverty. So far, 40,000 children and their communities have benefited through Milaan Foundation.
2. Acid Survivors Saahas Foundation- Supports acid-attack victims in getting their treatments, medicines, ration, and household needs met. They also provide educational and employment assistance, rental aid and monthly distribution of funds. Founded in 2016 by Daulat Bi Khan, an acid-attack survivor, this humble initiative began with the goal of “Empowering Acid Victors” who courageously braved this horrendous crime. This Mumbai-based foundation, which began with supporting 3-4 acid victims, today assists over 50 victims across four states in India.
3. Kat Katha- Works with women living in brothels, who were trafficked/forced into sex work. It helps in creating safe spaces and better life choices for women and their children. Their vision is to ‘End forced sex work’ and help those rescued live a life of their own choice and pursue their dreams with dignity. In the last eight years, Kat-Katha has worked with 1,500 trafficked women and 200 children and supported initiatives for their education, health awareness, counselling, and skill development.

4. Majlis Manch- Started in 1991 to defend women’s rights and provide ‘Access to Justice for all women’. Headed by Advocate Flavia Agnes this all-women team comprising lawyers and social activists work towards bringing a social change. They protect the rights of individual women through legal counselling and representation, create awareness about laws and legal avenues available to women and ensure that no discriminatory laws against women are passed by initiating public interest litigation and policy-level interventions.

5. Committee for Legal Aid to Poor (CLAP)- works to advance human rights through the use of the legal system. It renders legal services pro-bono to the marginalised, creates access to justice and undertakes advocacy for legal reform. It originated to broaden the horizon of legal services for the promotion, protection, and enforcement of human rights.

LANDMARK JUDGEMENTS OF HUMAN RIGHTS IN INDIA

1. HARMINDER KAUR V. HARMANDER SINGH CHOUDHARY 1983 SC-

Subject- Personal Laws and Inequality

In this Case the Court rejected the plea that personal law was discriminatory towards gender inequality in India. It also observed that introduction of Constitutional law into the Personal Laws was not appropriate.

2. NAZ FOUNDATION V. NVT 2009

Subject- Right to LGBT’S

The Court decriminalised sexual activities “against the order of nature” which included Homosexual acts, as per Section 377 of IPC.

3. SELVI V. STATE OF KARNATAKA, 2010

Subject- Right of Transgender

The Apex Court in the following case held Brain Mapping, lie detector tests and Nacro analysis as unconstitutional and violative of Article 20(3) of Fundamental Rights. It observed that the technique cannot be conducted forcefully or any individual and requires consent for the same.  

4. NALSA V. UNION OF INDIA, 2014

Subject- Right of Transgender

The Court recognised Right of Transgender as third right. Also, ordered the government to treat them as minorities. Reservation in jobs, education and other amenities shall be provided to them.

5. SHREYA SINGHAL V. UNION OF INDIA, 2015

Subject- Right to Freedom of Speech and Expression

The Apex Court held that Section 66A of Information and Technology Act which allowed arrests for objectionable content posted on the internet as unconstitutional and hence, to be struck down by the impugned section.

RELATION BETWEEN BODIES AT INTERNATIONAL AND NATIONAL LEVEL

Relation between bodies and its transparency of information are interrelated term. Level of transparency between the bodies defines its relationship. The essence of saying this thing here is to show how the relation of national and international bodies depends upon transparency of sharing of information. In fact, transparency of information is one of the key factors that promotes mutual cooperation between the national and international bodies. Moreover, the relation between these two determine the level of competency. As to provide an overview of transparency of information, it can be said that access to information gives the bodies their right by through which they can access to the facts and data concerning the exercise of its authority, as well as on the use of any organizational funds. Moreover, its level of transparency of information determines how successful the bodies are in propagating its agendas. To describe the relation between these bodies, we have to go through the debate about the relationship between structures and institutions in international systems. On one hand it focuses on the principles of neorealism, a school of that reflect set of related theories of international relations that emphasizes the role of the state, national interest, and military power in world politics. This limits the foreign-policy options available to states and influences international institutions in important ways. It reflects the idea of bipolar world where the two bodies are in dominant position while the rest of them marked their presence in the form of its alliance. The most famous example of this is United Nations Security Council which is dominated according to the will of its five permanent members. Whereas on the other hand Neoliberalism, ideology and policy model that emphasizes the value of free market competition, talks about institutional matters beyond simply reflecting or codifying the power structure of the international system. Although neoliberal schools accept the realist conception of states as the principal actors in a fundamentally anarchic environment, they argue that state behaviour can be modified by interaction with international institutions such as the European Union (EU), NATO, the World Trade Organization (WTO), and the UN. Such interaction, they contend, reduces the long-term potential for international conflict and such interaction can only be possible through mutual cooperation and transparency of information. Although both of these schools agreed upon the fact that mutual cooperation can be possible in forming relations between bodies but neoliberals’ institution is found to be more cooperative and long lasting. It can be pursued by most of the bodies. Moreover, it also offers transparency of information to their bodies that strengthen their relation. But neorealism school seemed to be more sceptical about whether it last long or not and also raise a question on its cooperation.

For better understanding we can take an example of NATO and USSR both had experienced the bipolar world but with the collapse of USSR, this bipolar world also disappeared. And later NATO had to change its policy and focused on neoliberal school of thought. Consequently, each theory appears to offer useful insights, and both together can form the basis of a unified approach to the relationship between structures and institutions. Since from the cold war relation between the bodies is also determined by behaviour of these bodies, this is called constructivism. In this all institutions, including the state, are socially constructed, in the sense that they reflect an “intersubjective consensus” of shared beliefs about political practice, acceptable social behaviour, and values. With the arrival of postmodernism and critical thinking, the relation between the bodies changed over time. According to postmodernism these bodies are more in realist form and believes that reflect the other international relations theory are social constructions that reflect a worldview that serves the interests of the elite. Whereas critical thinking i.e., forms of domination other than class domination, including those based on gender, race, religion, ethnicity, and nationalism. As relations of states with each other and with international bodies are managed by certain subnational entities (e.g., bureaucracies, political parties, and interest groups). It is related to a number of other academic disciplines, including political science, geography, history, economics, law, sociology, philosophy and physiology. Apart from this there are various tools that are brought together to fulfil the interest of these bodies but here we are going discuss two major tools that influence relation between bodies at national and international level.

 Listed below are some of the organizations that are working towards the protection of human rights in the entire world.

1. Office of the United Nations High Commissioner for Human Rights (OHCHR):

It was founded in 1993 in Geneva. It is a fragment of the Secretariat of the United Nations. It works toward the promotion of human rights under the given framework by international law as specified by the Universal Declaration of Human Rights in 1948. The main aim of the OHCHR is to advocate a community that is well-aware of human rights and its infringements. Some of its primary projects are in association with the practice of human rights in civil societies and working closely with the International Criminal Court. Presently, the head of the OHCHR is Michelle Bachelet Jeria.

2. Human Rights Information and Documentation Systems: It was established in the year 1982. HURIDOCS is a prominent organization that aims to ameliorate the information-handling potential of organizations in nations regarding human rights monitoring around 150 nations. They create formats that record and exchange information on indentures that state human rights violations globally. HURIDOCS also bestows consultation and help for the formation and maintenance of information systems; it also provides for workshops and training courses regarding the same.

3. World Organisation Against Torture (Organisation Mondiale Contre la Torture; OMCT): It can be denoted as the world’s largest coalition of non-governmental organizations. It manages arbitrary detention, forced disappearances, summary executions, torture, and similar kinds of violence. Their primary projects include the creation of comprehensive reports that contribute to the smooth and efficient functioning of the United Nations and setting the benchmark to substantiate the international norms for the protection of human rights. They have definite programs that aim to provide their services to unfortified groups such as human rights defenders, women, and children.

NEED FOR NEW MEASURES TO PREVENT VIOLATION OF HUMAN RIGHTS

Human Rights can be defined as a set of moral principles governing the treatment of the human beings usually by the state or any other concerning bodies on the basis of the set principle which is considered fundamental by the human beings to lead a decent life. Since a very long time, human rights have been in existence amid human prosperity and crisis. Magna Carta was the first written bill for the human rights which was granted by king John of England in 1215 A.D. It was drafted by Archbishop of Canterbury, Stephen Langton to prevail the peace between the king and the rebel citizens. The main reason so as was to protect the rights of the human being under the monarchy and in the situation of civil war. It is also known as foundation stone for the human rights as well as parliament. After that a lot of other bills came into force with the object to protect the human rights. The need of human rights explicitly boosted during the World War II after which the United Nations Charter and Universal declaration of Human Rights was laid down by the United Nation which is still followed by many countries who are the signatory member of the laid bill. Many instruments for the protection and promotion of Human Rights was also laid down by the United Nations such as the Convention Against Torture and other cruel, inhuman or degrading treatment or punishment, 1994, the Convention on the Elimination of all Forms of Discrimination Against Women,1981, Convention on the Rights of Migrant Workers and Members of their families,1996, and regional Conventions such as the European Convention on Human rights,1953, the American Convention on Human Rights in,1958, and the Charter on Human Rights and Peoples Rights in 1983.

With the existence of human rights, there also exist the violation of such rights. The crimes like genocide, act of terrorism, sexual atrocities, torture, child labour and exploitation, enslavement, discrimination etc. are some grave offences which violates the human rights and shatters it into pieces. There are many instruments and set of principles protecting the human rights. But with the people wanting to violate the rights have made their way through the loopholes of the laid set of rules. To protect the rights from them we need new measures so as to protect rights or prevent violation of human rights. Though the rules laid is thorough but there are loopholes in the implementation of the text by the state. Not all Protecting the human rights is not only the duty of the national and international organization or of that of a state only, but it is a duty of every individual to protect the human rights. But there is lack of knowledge of human rights and also the lack of the sensitization due to which the violation is taking place. Amid this pandemic situation, police brutality is made a topic of humor upon which everyone is laughing which shows that there is lack of sensitization in people.

CONCLUSION-

It can be concluded that Human Rights are given utmost priority at the international level. When implementing human rights, within the context of the principle of universality, there is still some room for interpretation. In the upcoming years, the international organizations are looking forward to introduce the new set of rules as well as interpret the old ones so as to cover the loopholes in the given set of rules. Such introduction of new rules will feed to the need to prevention of violation of human rights. Until and unless the violation of the human rights exists, the national and international organization will come up with new declarations and instruments to cover up the loophole due to which the functioning of the existing rules and law is not functioning effectively and efficiently. The requirement of the measures to prevent the violation of human rights is essential to avoid the circumstances of the civil war due to which the human rights in the first place came into existence on 1215 as Magna Carta, charter of the king John, King of England. To keep alive the humanity, we need to protect our human rights from violation.