Human Rights Law Notes, Study Materials and Case Laws
Human Rights Law
1. Introduction to Human Rights Law
Definition: Human rights are basic rights and freedoms inherent to all humans, regardless of nationality, sex, ethnicity, religion, or any other status.
Sources of Human Rights Law:
International Treaties (e.g., Universal Declaration of Human Rights - UDHR)
Customary International Law
Regional Human Rights Instruments (e.g., European Convention on Human Rights)
National Constitutions and Laws
2. Categories of Human Rights
Civil and Political Rights: Right to life, freedom of speech, right to a fair trial, freedom from torture.
Economic, Social, and Cultural Rights: Right to education, right to work, right to health.
Collective Rights: Right to self-determination, right to development, right to a healthy environment.
3. Key International Human Rights Instruments
Universal Declaration of Human Rights (UDHR) 1948
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention Against Torture (CAT)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
4. Important Human Rights Principles
Universality and Inalienability
Indivisibility
Equality and Non-discrimination
Participation and Inclusion
Accountability and Rule of Law
Key Case Laws in Human Rights
International Case Law
European Court of Human Rights (ECHR) Cases:
Brown v. UK (1998): Prohibition of torture and inhuman treatment.
Handyside v. UK (1976): Freedom of expression limits.
Dudgeon v. UK (1981): Decriminalization of homosexuality.
Inter-American Court of Human Rights Cases:
Velásquez Rodríguez v. Honduras (1988): State responsibility for human rights violations.
International Court of Justice (ICJ):
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004)
Landmark National Cases
India:
Kesavananda Bharati v. State of Kerala (1973): Basic structure doctrine, protection of fundamental rights.
Maneka Gandhi v. Union of India (1978): Right to life and personal liberty interpretation broadened.
United States:
Brown v. Board of Education (1954): Ended racial segregation in schools.
Roe v. Wade (1973): Right to privacy and abortion rights.
Suggested Study Materials
Books
“International Human Rights” by Philip Alston & Ryan Goodman
“Human Rights: A Very Short Introduction” by Andrew Clapham
“The International Law of Human Rights” by Paul Sieghart
Online Resources
United Nations Human Rights Office (OHCHR) website
International Justice Resource Center (IJRC)
European Court of Human Rights Database
Journals & Articles
Human Rights Quarterly
Journal of Human Rights Practice
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