Documents relating to Protection of Human Rights: UDHR, ICCPR and ICESCR
Documents Relating to Protection of Human Rights: UDHR, ICCPR, and ICESCR
Introduction
Human rights are fundamental rights inherent to all individuals. International human rights documents provide the foundation for protection and promotion of these rights globally. The three key documents are:
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
1. Universal Declaration of Human Rights (UDHR)
Adopted in 1948 by the United Nations General Assembly.
It is a non-binding declaration but widely regarded as the foundation of modern human rights law.
It sets out fundamental human rights such as right to life, liberty, equality, freedom of speech, religion, and social security.
UDHR is considered customary international law influencing national constitutions and judicial decisions.
Key Provisions
Article 1: All human beings are born free and equal in dignity and rights.
Article 3: Right to life, liberty, and security.
Article 7: Equality before the law.
Article 19: Freedom of opinion and expression.
Indian Context
UDHR has influenced the Indian Constitutional framework and judicial interpretation of fundamental rights.
Indian courts have often referred to UDHR to interpret the right to life and personal liberty under Article 21 of the Constitution.
Case Law
Kharak Singh v. State of Uttar Pradesh (1963):
The Supreme Court referred to the concept of personal liberty in the context of Article 21, influenced by principles similar to those in UDHR.
Maneka Gandhi v. Union of India (1978):
Expanded the scope of the right to life and personal liberty, embracing a broad interpretation consistent with UDHR ideals.
2. International Covenant on Civil and Political Rights (ICCPR)
Adopted in 1966, ICCPR is a binding treaty protecting civil and political rights.
India is a signatory and has ratified the Covenant.
It protects rights such as right to life, freedom of speech, religion, fair trial, and equality before the law.
Key Provisions
Article 6: Right to life.
Article 7: Prohibition of torture.
Article 9: Right to liberty and security.
Article 14: Right to a fair trial.
Article 19: Freedom of expression.
Indian Context
ICCPR’s provisions align closely with fundamental rights in the Indian Constitution.
Indian courts have invoked ICCPR principles to interpret rights more expansively.
Case Law
A.K. Gopalan v. State of Madras (1950):
Although early in Indian jurisprudence, the Supreme Court referred to international human rights principles including ICCPR during discussions on personal liberty.
Shayara Bano v. Union of India (2017):
The Supreme Court referred to international human rights norms, including ICCPR, in the context of gender equality and personal rights.
3. International Covenant on Economic, Social and Cultural Rights (ICESCR)
Also adopted in 1966, ICESCR is a binding treaty guaranteeing economic, social, and cultural rights.
Rights include the right to work, education, health, and an adequate standard of living.
Key Provisions
Article 6: Right to work.
Article 11: Right to an adequate standard of living, including food, clothing, and housing.
Article 12: Right to health.
Article 13: Right to education.
Indian Context
India has ratified ICESCR, and its provisions influence policies and judicial decisions.
Economic and social rights in the Indian Constitution are reflected in the Directive Principles of State Policy.
Case Law
Olga Tellis v. Bombay Municipal Corporation (1985):
The Supreme Court recognized the right to livelihood as integral to the right to life under Article 21, reflecting ICESCR principles.
Unni Krishnan v. State of Andhra Pradesh (1993):
The Court emphasized the right to education as a fundamental right, mirroring Article 13 of ICESCR.
Summary Table
| Document | Nature | Key Rights Covered | Indian Judicial Reference |
|---|---|---|---|
| UDHR | Non-binding | Fundamental human rights | Kharak Singh; Maneka Gandhi |
| ICCPR | Binding Treaty | Civil and political rights | A.K. Gopalan; Shayara Bano |
| ICESCR | Binding Treaty | Economic, social, and cultural rights | Olga Tellis; Unni Krishnan |
Conclusion
The UDHR, ICCPR, and ICESCR form the bedrock of international human rights law. In India, these documents have profoundly influenced constitutional rights and judicial interpretation, reinforcing the protection and promotion of human rights. Indian courts have integrated their principles into domestic jurisprudence, promoting a harmonious balance between international obligations and constitutional guarantees.
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