Social Movement - 3 | PSIR Optional for UPSC (Notes) PDF Download

Introduction

• Throughout history, words like 'natural,' 'fundamental,' and 'human' have been used to highlight the significance of rights.
• The 20th century is often called the century of human rights because the idea of 'Human Rights' became increasingly important in liberal democratic and socialist countries, as well as in the developing world.
• After the two world wars, there was a surge in movements for human rights, especially in response to the oppressions and restrictions on freedoms imposed by the Nazi and Fascist regimes.
• Today, almost all countries officially support some form of human rights doctrine. Each of these doctrines is backed by a general political theory that justifies the type of society and political institutions in place.
• The UN Declaration of Human Rights and the subsequent human rights covenants of 1966 recognized that individuals have rights and obligations that go beyond what is defined by their own judicial and administrative systems.
• The Declaration acknowledged that there are times when an individual has a moral obligation that surpasses their duties as a citizen of a state. This created a distinction between the rights and duties conferred by citizenship and the new types of liberties and obligations established in international law.
• To better understand these concepts, we will explore the meaning and nature of human rights, along with various movements aimed at promoting and protecting them.

Meaning of Human Rights

Human rights are the basic claims that every person has simply because they are human. These rights are considered universal and apply to all people, regardless of their nationality or legal status. They are different from legal rights, which may vary from one country to another. Human rights are based on the idea that certain things should never be denied to anyone by any government.

• Universal vs. National: Human rights are universal, meaning they apply to all people, everywhere, simply because they are human. They are different from national rights, which may vary from country to country.
• Inherent Rights: Human rights are inherent to all human beings, regardless of any specific laws or regulations in a particular country. They are not granted by governments but are fundamental to being human.
• Derived from Humanity: Human rights are based on what is considered "human." For example, a person who is malnourished, tortured, wrongly imprisoned, illiterate, or lacks basic amenities like paid holidays is not living in a way that respects their humanity.
• Moral Rights: According to thinkers like Macfarlane, human rights are moral rights owed to every man and woman simply because they are human beings.
• Independence from State or Society: Human rights belong to individuals regardless of their state, society, race, or religious beliefs. They are not contingent on any particular social or legal framework.

Difference between Democratic Rights and Human Rights

Rights are essential conditions of social life that enable individuals to achieve their best potential and enrich their personalities. With the emergence of liberal democratic states in Europe, rights became a fundamental aspect of enlightened citizenship.

Provision, enforcement, and protection of individual rights:

• Were used to judge the validity of the state.

In legal constitutional states, there was a shift towards viewing rights as creations of the state, granted to individuals as citizens. This legal perspective emphasized that rights are not natural or inherent but are defined and secured by the state. The state is responsible for:

• Defining and laying down rights
• Providing the legal framework that guarantees these rights
• Ensuring that rights are upheld

Since rights are created and sustained by the state, they can change whenever the law changes. Therefore, rights are not universal but are relative to the nature and form of the state that grants them. For example, the rights of citizens in the USA may differ from those in India or Russia.

Human rights, on the other hand, emphasize the universal nature of rights, which are possessed by all human beings regardless of their state, society, race, or religion. These rights are based on the commitment of United Nations member states to promote universal respect for human rights and fundamental freedoms.

The Preamble of the UN Declaration on Human Rights sets a common standard of achievement for all peoples and nations, encouraging individuals and societies to promote respect for these rights through education and progressive measures, both nationally and internationally.

Historical Background of Human Rights Movement

• The concept of human rights emerged in the twentieth century. However, in earlier times, these rights were often referred to as 'natural rights' or the 'rights of man.'
• The idea of natural rights originated in the seventeenth century through thinkers like Grotius, Hobbes, and Locke. They linked natural rights to 'natural law,' which emphasized that 'no one should harm another in their life, health, liberty, or possessions.'
• This natural law granted individuals rights to life, liberty, and property while also imposing a duty to respect others' rights.

John Locke and Natural Rights:

• John Locke, in his book The Two Treatises of Government, popularized the idea of natural rights to life, liberty, and estate.
• He argued that the purpose of government is to protect these rights. If a government fails to do so, people have the right to rebel.

Influence of Declarations:

• The American Declaration of Independence (1776) stated that all men are created equal and are endowed with inalienable rights such as life, liberty, and the pursuit of happiness.
• It asserted that governments are established to protect these rights and derive their power from the consent of the governed. If a government threatens these rights, the people can abolish it.
• The French Declaration of the Rights of Man and the Citizen (1789) also emphasized 'natural, imprescriptible, and inalienable rights.' This showed a focus on rights of individuals as humans, not just as citizens.

Early International Treaties and Human Rights:

• Early international treaties related to human rights were connected to the abolition of slavery in the nineteenth century. Examples include the Treaty of Washington (1862), conferences in Brussels (1867) and Berlin (1885), and laws of war such as the Declaration of Paris (1856), Geneva Convention (1864), and Hague Convention (1899).
• The International Committee of the Red Cross was also established in 1864.

Demand for Human Rights After World War

Before World War II, there were no international laws on human rights that countries had to follow. However, two important social movements laid the groundwork for today's human rights system:

• The movement to abolish slavery and the slave trade, which started in Britain in the 18th century. This led to the creation of the Anti-Slavery Society, an NGO that still works against modern slavery and helped establish the first anti-slavery treaties.
• The Red Cross movement, which began during the Crimean War when Swiss businessman Henri Dunant was moved by the suffering of wounded soldiers.

Between World War I and II, there were other important developments:

• Efforts to protect individuals through 'minorities treaties,' where countries agreed to provide certain rights to minorities and accepted international supervision by the League of Nations.
• The founding of the International Labour Organisation (ILO) in 1919, which recognized economic and social rights.
• Organizing assistance for refugees under international auspices in 1921 with the League of Nations High Commissioner for Refugees.

However, it was the reaction to the Nazi Holocaust that pushed NGOs to advocate for international human rights law. NGOs were instrumental in incorporating human rights into the UN Charter and convincing governments to make human rights a central focus of the United Nations.

The human rights framework established by the UN after World War II was a significant shift, arising from the horror of the Holocaust. This led to the Nuremberg Trials, where German leaders were prosecuted for 'crimes against humanity,' a newly defined offense.

The Nuremberg Trials set a precedent by stating that when international rules protecting basic humanitarian values conflict with national laws, individuals must follow international law. This challenged military discipline and national sovereignty.

The UN later drafted the Declaration of Human Rights in 1948, and various human rights conventions and declarations followed, spreading the concept of human rights worldwide.

UN Declaration of Human Rights

Background of Human Rights in the UN:

• After World War II, the Nazi regime's crimes prompted the need for a global standard on human rights.
• In 1948, the United Nations created the Universal Declaration of Human Rights to set a common standard for all nations.
• The Declaration states that all people are born free and equal in dignity and rights, and it applies without discrimination based on factors like race, gender, religion, or nationality.

Two Main Types of Rights:

• The Declaration outlines two sets of rights:
• Civil and Political Rights: These include the right to life, liberty, freedom from slavery, and rights related to legal protection, freedom of movement, thought, and expression.
• Socio-Economic Rights: These cover the right to work, education, social security, and an adequate standard of living.

Universal Application of Rights:

• The UN Declaration emphasizes that human rights are universal, applicable to all individuals regardless of national laws.
• It sets out major rights and duties for individuals and governments.

From Declaration to Law:

• Initially, the Declaration was a statement of principles, not legally binding.
• In 1966, the UN adopted the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, making these rights legally binding for signatory states.
• Both covenants came into force in 1976 and, along with the Declaration, set the standard for international human rights.

Different Views on Rights:

• Some countries, like the USA, argued for a separation between economic, social, and cultural rights and civil and political rights, viewing the former as less important.
• However, the UN maintains that all rights are equally important and that civil and political rights cannot be fully realized without socio-economic rights.

Human Rights Movement

Introduction of the United Nations Declaration of Human Rights:

• The United Nations Declaration of Human Rights was adopted in 1948, marking a significant step in the global recognition of human rights.

Global Response to Human Rights:

• The declaration sparked a vigorous pursuit of human rights worldwide, evolving into a significant movement.

Western Democratic Countries:

• In Western democratic nations, human rights were seen as a validation of liberal capitalist ideology and a tool in the Cold War.

Ex-Colonial Countries:

• For ex-colonial countries in Asia and Africa, human rights represented a means to eliminate feudal systems and a vital instrument for development.

Human Rights as a Tool Against Apartheid:

• Human rights concepts were instrumental in combating apartheid in Africa.

Establishment of Organizations:

• Numerous organizations at various levels, including UN, continental, regional, national, and local, were established to promote and protect human rights.

UN Initiatives:

• The UN created several organizations and enacted laws to safeguard human rights.

National Governments and NGOs:

• National governments set up human rights commissions, while NGOs emerged to monitor government actions regarding human rights violations.

Human Rights Movement:

• The human rights movement involves a collective effort by various organizations and individuals to promote and protect human rights.

Components of the Movement:

• Participants include legislators, journalists, academics, NGOs, trade unions, churches, and other private associations concerned with human rights.

Role of NGOs and Activists:

• NGOs and human rights activists play a crucial role in exposing violations, lobbying governments, providing aid to victims, and educating about human rights standards.

Significance of the Movement:

• The movement, gaining momentum in the late 1970s, has been instrumental in advancing human rights globally.

United Nations and Human Rights

• The United Nations (UN) has been vital in promoting and safeguarding human rights globally since the Universal Declaration of Human Rights in 1948.
• Alongside the International Labour Organization, the UN introduced several conventions to enhance international human rights standards.

Key Conventions Passed by the UN:

• Convention for the Prevention and Punishment of the Crimes of Genocide (1948)
• Geneva Convention for the Amelioration of the Conditions of the Wounded and Sick in Armed Forces (1949)
• Geneva Convention Relating to the Treatment of Prisoners (1949)
• Geneva Convention for the Status of Refugees (1951)
• Convention on the Political Rights of Women (1954)
• Convention on the Elimination of All Forms of Racial Discrimination (1966)
• Convention on the Suppression and Punishment of the Crimes of Apartheid (1975)
• Convention on the Abolition of Slavery and Slave Trade (1976)
• Convention Against Torture (1984)
• Convention on the Rights of the Child (1989)

Role of the UN Human Rights Commission:

• The UN Human Rights Commission is crucial in addressing human rights violations by member states.
• Through 'Point 13 of the Agenda,' the Commission focuses on serious human rights violations worldwide, discussing issues in countries like Chile, South Africa, El Salvador, Iran, and Poland.
• In the 1980s, the Commission began researching topics like disappearances, slavery, and the treatment of indigenous peoples, aiming to draw attention to and publicize human rights abuses.

Changes in Human Rights Focus Post-Cold War:

• Despite differences between liberal and socialist countries during the Cold War, the focus on human rights has evolved positively in the post-Cold War era.
• The 1993 World Conference on Human Rights in Vienna emphasized that the promotion and protection of all human rights are legitimate concerns of the international community.
• The UN established the position of Human Rights High Commissioner to oversee these efforts.

UN Humanitarian Interventions and Tribunals:

• The UN has undertaken humanitarian interventions in countries like Iraq, Somalia, and Bosnia to protect human rights.
• It has also set up tribunals to prosecute individuals accused of crimes against humanity and genocide, such as in the former Yugoslavia and Rwanda.

Regional Conventions and Covenants

Promotion and Protection of Human Rights by Regional Organizations:

• The second major effort in promoting and protecting human rights came from regional organizations in Europe, Africa, Latin America, and Southeast Asia. These organizations established separate conventions and mechanisms for the enforcement of human rights, filling the gap left by the United Nations (UN).

European Convention

Stronger Reaction in Europe for Human Rights:

• Europe's strong reaction in favor of human rights was influenced by its memories of the Nazi and Fascist atrocities.
• Western Europe, being close to the communist USSR, felt a strong need to uphold the principles that led to the Universal Declaration of Human Rights.
• In May 1948, the Congress of Europe at The Hague expressed the desire for a chapter on human rights, focusing on liberty of thought, assembly, and expression.
• This was followed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in November 1950.
• The Convention guaranteed rights such as:
• Right to life, liberty, and security of person
• Right to a fair trial
• Right to respect for private and family life, home, and correspondence
• Right to marry and found a family
• Right to an effective remedy for violations of rights
• Freedom from torture or inhuman treatment
• Freedom from slavery and servitude
• Freedom of thought, conscience, and religion
• Freedom of expression
• Freedom of assembly and association
• Subsequently, additional rights were included, such as:
• Right to property
• Right to free elections
• Right of parents to educate their children according to their beliefs
• Freedom from imprisonment for debt
• Freedom from exile
• Prohibition of collective expulsion of aliens
• Unlike the UN Declaration, the European Convention aimed at the collective enforcement of certain rights.
• Key features of the Convention included:
• Obligation of parties to secure rights and freedoms for citizens
• Emphasis on universality of application
• Benefits not limited to contracting parties
• No territorial limitations
• Nearly all European countries accepted the clause allowing citizens to petition the European Commission on Human Rights.
• The Convention was effective in protecting rights through:The European Commission on Human Rights,The European Court of Human Rights, and The Committee of Ministers.
• Individuals could complain to the Commission even against their own governments.
• Despite its complexities and issues, the system significantly restricted state power over citizens, apart from legal changes introduced by the European Community.

Latin Amcrica

American Organization of States and Human Rights Protection:

• In 1959, Latin American countries formed the American Organization of States to promote cooperation and protect human rights.
• In 1969, several countries, including Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Uruguay, and Venezuela, signed the American Convention on Human Rights. This agreement aimed to safeguard civil, political, socio-economic, and cultural rights.
• The Convention established a Commission and a Court to oversee human rights issues.
• The Commission receives and reviews complaints from individuals and groups within member states. It investigates conditions, holds sessions, and makes recommendations to the involved states.
• The Commission has made significant efforts to protect human rights, such as:
• Saving innocent lives during the social strife in the Dominican Republic in 1965.
• Safeguarding prisoners' rights and investigating human rights violations in Brazil, Chile, Haiti, and Cuba.
• Performing humanitarian functions during the conflict between El Salvador and Honduras.

Africa

Formation of the Organisation of African Unity (OAU):

• In the 1960s, during a period of significant change in Africa, the leaders of various African nations came together to form the Organisation of African Unity (OAU), excluding South Africa.
• The OAU emphasized the right to self-determination for all peoples.

Promotion of Human Rights:

• In 1981, the OAU prepared a draft for the African Charter on Human Rights and Peoples' Rights.
• The organization worked diligently to establish bodies aimed at promoting and protecting human rights.
• The OAU set up a commission specifically focused on the promotion of human rights, which also addresses collective or group rights.

Functioning of the Human Rights Commission:

• The Commission reviews periodic reports from state parties to ensure compliance with the Charter's provisions.
• It engages in dialogue with state representatives to encourage the implementation of human rights obligations.

Impact on Apartheid:

• The Organisation of African Unity played a crucial role in the fight against apartheid, contributing to its eventual demise.

South East Asia

Progress and Challenges in Human Rights in Southeast Asia:

• Countries in Europe, Latin America, and Africa have shown positive examples in advancing human rights, offering encouragement to Southeast Asian nations.
• However, progress in Southeast Asia has been hampered by several factors:
• Lack of political rights and civil liberties
• Absence of democratization and a multi-party system
• Self-serving constitutional processes
• Excessive national security laws
• Preventive detention
• Constraints on due process of law
• Limits on freedom of thought, expression, and assembly
• Defective judicial and criminal systems
• Uneven development
• Inadequate social safety nets

Despite these challenges, some regional initiatives have been undertaken to promote human rights, including:

• Non-Aligned Movement (NAM)
• Association of Southeast Asian Nations (ASEAN)
• United Economic and Social Commission for Asia and the Pacific (ESCAP)
• South Asian Association for Regional Cooperation (SAARC)

ASEAN made a significant achievement in 1980 by signing a treaty that committed its members to improving human rights at the regional level. Similarly,SAARC was established with a strong emphasis on human rights awareness, actively combating terrorism and human rights violations.

Additionally, national human rights institutions, such as human rights commissions and committees, have started to emerge in countries like the Philippines, Indonesia, Sri Lanka, and India.

Middle East

Human Rights in the Middle East: A Complex Landscape:

• In the Middle East, which is primarily made up of Muslim-majority countries, there hasn't been a specific agreement on human rights like in other regions. Although these countries, as members of the United Nations, officially agree to the UN Declaration of Human Rights, the reality on the ground often tells a different story.
• It's important to note that in some cases, the choices of the people and their cultural heritage strongly reject the Western ideas of liberty and equality. For many, the concept of Sharia law is paramount. The constitutions of countries like Saudi Arabia, Kuwait, Jordan, Qatar, Syria, and Iraq clearly state that Islam is the official religion of the state and that Sharia law is a primary source of legislation.
• This emphasis on Islamic jurisprudence aims to prevent the creation of laws that go against the principles of Islam and to stop any moves towards social and political development that is separate from religious influence.
• However, there are also more progressive interpretations within these countries that argue that human rights are actually in line with the true spirit of Islam. Additionally, there are noteworthy human rights movements in some of these nations, indicating a desire for change and improvement in the human rights landscape.

NGOs and Human Rights Movement

• After World War II, NGOs began to express concerns about Human Rights.
• Initially few in number during the 1950s and 1960s, the number of NGOs increased significantly from the 1970s onwards.
• These NGOs monitor national governments for potential human rights violations and promote awareness and protection of human rights.
• An NGO is a private organization focused on promoting and protecting one or more international human rights, independent from government control.
• Internationally recognized NGOs include the International Commission of Jurists(Geneva), the International Federation of Human Rights(Paris), the International League of Human Rights(New York), and the Minority Rights Group(London), all of which have consultative status with the United Nations.
• Amnesty International, established in 1961, focuses on securing fair trials for political prisoners and ending torture, executions, and other inhumane treatments. It has investigated over 42,000 cases and successfully fought more than 38,000 cases, earning the Nobel Peace Prize in 1981.
• Human Rights Watch, founded in 1987, evaluates government human rights practices globally and domestically, monitoring abuses and assessing the U.S. government's human rights record.
• Pressure from human rights organizations in the late 1970s shifted national governments’ focus from drafting international standards to protecting and enforcing human rights.
• Various national governments established Human Rights Commissions, such as in Australia and India.
• The UN Charter formalized the relationship between the UN and NGOs, with the Economic and Social Council (ECOSOC) granting NGOs consultative status.
• NGOs play a crucial role in the human rights movement by reaching marginalized populations, raising awareness, monitoring violations, and promoting participation in human rights protection.

Human Rights Movement In India

• The Constitution of India, established in 1950, includes a strong emphasis on human rights through Fundamental Rights and Directive Principles of State Policy.
• The framers drew inspiration from global Constitutions and the UN Declaration on various political, economic, and social issues.

Fundamental Rights and Directive Principles:

• The Constitution aims to secure justice, liberty, equality, and fraternity for all citizens.
• It provides for the abolition of untouchability, suppression of immoral traffic, and other measures to protect human rights.

Independent Bodies:

• To safeguard the interests of minorities and weaker sections, various independent bodies were established, including:
• Scheduled Castes and Scheduled Tribes Commission
• Minorities Commission
• Language Commission
• National Commission for Women

Human Rights Activism:

• Despite constitutional measures, violations and implementation issues persisted.
• During the 1975 Emergency, many political leaders were imprisoned without trial, prompting human rights activism.
• Organizations like the Peoples Union for Civil Liberties, Peoples Union for Democratic Rights, and Punjab Human Rights Organisation emerged to fight for civil liberties and human rights.

Judicial Interventions and Public Interest Litigations:

• Significant progress in protecting individual rights was achieved through judicial decisions and public interest litigations.
• Issues such as prisoners' rights, bonded labor rehabilitation, and press freedom were addressed.

National Human Rights Commission (NHRC):

• Established in 1993, the NHRC aimed to strengthen institutional arrangements for addressing human rights issues.
• It investigates allegations of excesses independently and complements existing efforts in human rights protection.

Focus Areas of NHRC:

• The NHRC focuses on various issues, including:
• Arbitrary detention under TADA
• Child rights and child labor
• Women's rights
• Treatment of refugees

State Commissions:

• State governments, such as Madhya Pradesh and West Bengal, have established their own Human Rights Commissions.
• These commissions address issues like custodial deaths, rape, torture, and prison reforms.

Human Rights Movement: An Assessment

Criticism of Human Rights Movement:

• Philosophical Basis: Critics argue that the idea of inherent human rights is overly broad. The UN Declaration was based on a political agreement, raising questions about its authority over future governments.
• Utility: The Declaration is seen as ineffective against dictatorial regimes, sometimes used as a political tool during the Cold War.
• Legal Perspective: Some believe human rights are moral claims, distinct from legal rights, questioning their factual basis.
• Social and Economic Rights: Rights like education and social security are criticized as unrealistic for poorer nations. Critics argue they may undermine other rights and depend on specific governments.
• Countries with fewer resources struggle to fulfill these rights, creating disparities in standards.
• Cultural Imperialism: Some socialist and developing nations view human rights as Western imposition, prioritizing political and civil rights over economic needs.
• Socialist and Developing Nations’ Critique: These nations fear that universal human rights reflect Western values, potentially undermining their own cultural priorities.
• Human Rights Movements Today: Despite the recognition of human rights globally, violations persist. However, advancements in communication and the rise of NGOs have increased awareness and accountability.
• NGOs play a crucial role in exposing governments that pay lip service to human rights, enhancing the effectiveness of the movement.