About the Book
Concerted efforts have been made by United Nations Organization and international law to protect, nurture and improve the economic, social and political conditions of man, woman and child world over. There is tremendous pressure on States to provide a minimum standard of life alongwith personal, social and economic freedoms. Thus, people need to be made aware of the Human Rights, newly recognized status, rights and remedies available to them under international law and social polity. Correspondingly, the States are also under new obligations to make human rights real proposition through definitions and enforcement. This book is intended to give the source material on the wide-ranging Human Rights comprising of Conventions, Treaties or Resolutions of UNO among others. Now there is a viable regime of human rights in a distinguishable form. The book makes an in-depth presentation of Human Rights, spread in wide ranging twenty-one sections:
• Those that are directly under international law or UNO sanction, viz. the International Bills on Human Rights, the Right of Self-determination and Proactive Humanitarian Law through World Conference and Millennium Assembly, Environment Protection, Protection of Human Rights through International Human Rights Commission.
• Those that operate through States, viz. Protective Treatment of Indigenous People, Minorities, Women, Family, Marriage, Children, Older Persons, Persons under Disability, Labour Welfare, Freedom from Slavery, Humane Treatment of Aliens or Prisoners, Traffic in Human Beings, Freedom of Association.
• Human Rights that give or deny Status to Individuals, viz. Nationality, Statelessness, Asylum and Refugees, Migrants, including processes for Justice against Arbitrariness, Denial of Human Rights or Discrimination, Extradition and Surrender of Fugitives.
• Wars cause catastrophe for Human Rights. This book presents Documents and Conventions on War Crimes, Crimes against Humanity and International Criminal Court.
All the elemental principles emanating from the various Documents on Human Rights incorporated in this book have been summarized in the “Introduction” for the convenience of the readers.
Table of Contents:
VOLUME I
THE INTERNATIONAL BILL OF HUMAN RIGHTS
1. Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty
2. Optional Protocol to the International Covenant on Civil and Political Rights
3. International Covenant on Civil and Political Rights
4. International Covenant on Economic, Social and Cultural Rights
5. Universal Declaration of Human Rights
WORLD CONFERENCE AND MILLENNIUM ASSEMBLY
6. United Nations Millennium Declaration
7. Vienna Declaration and Programme of Action
THE RIGHT OF SELF-DETERMINATION
8. International Convention against the Recruitment, Use, Financing and Training of Mercenaries
9. General Assembly resolution 1803 (XVII) of 14 December 1962, “Permanent sovereignty over natural resources”
10. Declaration on the Granting of Independence to Colonial Countries and Peoples
RIGHTS OF INDIGENOUS PEOPLES AND MINORITIES
11. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
12. Indigenous and Tribal Peoples Convention, 1989 (No. 169)
PREVENTION OF DISCRIMINATION
13. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
14. Declaration on Race and Racial Prejudice
15. International Convention on the Elimination of All Forms of Racial Discrimination
16. Protocol Instituting a Conciliation and Good Offices Commission to be Responsible for Seeking a Settlement of Any Disputes which may arise between States Parties to the Convention against Discrimination in Education
17. Convention against Discrimination in Education
18. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
19. Equal Remuneration Convention, 1951 (No. 100)
RIGHTS OF WOMEN
20. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
21. Declaration on the Elimination of Violence against Women
22. Convention on the Elimination of All Forms of Discrimination against Women
23. Declaration on the Protection of Women and Children in Emergency and Armed Conflict
RIGHTS OF THE CHILD
24. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
25. Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
26. Worst Forms of Child Labour Convention, 1999 (No. 182)
27. Convention on the Rights of the Child
28. Minimum Age Convention, 1973 (No. 138)
RIGHTS OF OLDER PERSONS
29. United Nations Principles for Older Persons
VOLUME II
RIGHTS OF PERSONS WITH DISABILITIES
30. Standard Rules on the Equalization of Opportunities for Persons with Disabilities
31. Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care
32. Declaration on the Rights of Disabled Persons
33. Declaration on the Rights of Mentally Retarded Persons
HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE: PROTECTION OF PERSONS SUBJECTED TO DETENTION OR IMPRISONMENT
34. Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
35. Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
36. Guidelines for Action on Children in the Criminal Justice System
37. Declaration on the Protection of all Persons from Enforced Disappearance
38. United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
39. United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)
40. United Nations Rules for the Protection of Juveniles Deprived of their Liberty
41. Basic Principles for the Treatment of Prisoners
42. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
43. Basic Principles on the Role of Lawyers
44. Guidelines on the Role of Prosecutors
45. Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
46. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
47. Basic Principles on the Independence of the Judiciary
48. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
49. United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”)
50. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
51. Safeguards Guaranteeing Protection of the Rights of those facing the Death Penalty
52. Principles of Medical Ethics Relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
53. Code of Conduct for Law Enforcement Officials
54. Standard Minimum Rules for the Treatment of Prisoners
55. Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
SOCIAL WELFARE, PROGRESS AND DEVELOPMENT
56. Universal Declaration on Cultural Diversity
57. Universal Declaration on the Human Genome and Human Rights
58. Declaration on the Right to Development
59. Declaration on the Right of Peoples to Peace
60. Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind
61. Universal Declaration on the Eradication of Hunger and Malnutrition
62. Declaration on Social Progress and Development
PROMOTION AND PROTECTION OF HUMAN RIGHTS
63. Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
64. Principles Relating to the Status of National Institutions (The Paris Principles)
MARRIAGE
65. Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
66. Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
THE RIGHT TO HEALTH
67. Declaration of Commitment on HIV/AIDS
VOLUME III
THE RIGHT TO WORK AND TO FAIR CONDITIONS OF EMPLOYMENT
68. Employment Policy Convention, 1964 (No. 122)
FREEDOM OF ASSOCIATION
69. Right to Organize and Collective Bargaining Convention, 1949 (No. 98)
70. Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)
SLAVERY, SLAVERY-LIKE PRACTICES AND FORCED LABOUR
71. Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
72. Abolition of Forced Labour Convention, 1957 (No. 105)
73. Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
74. Protocol amending the Slavery Convention Signed at Geneva on 25 September 1926
75. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others
76. Forced Labour Convention, 1930 (No. 29)
77. Slavery Convention
THE RIGHTS OF MIGRANTS
78. Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
79. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
NATIONALITY, STATELESSNESS, ASYLUM AND REFUGEES
80. Declaration on the Human Rights of Individuals who are not Nationals of the Country in which they Live
81. Protocol relating to the Status of Refugees
82. Convention on the Reduction of Statelessness
83. Convention relating to the Status of Stateless Persons
84. Convention relating to the Status of Refugees
WAR CRIMES AND CRIMES AGAINST HUMANITY, INCLUDING GENOCIDE
85. Statute of the International Tribunal for Rwanda (Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994
86. Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (International Tribunal for the Former Yugoslavia)
87. Rome Statute of the International Criminal Court
88. Principles of International Co-operation in the Detection, Arrest, Extradition and Punishment of Persons Guilty of War Crimes and Crimes against Humanity
89. Convention on the Non-applicability of Statutory Limitations to War Crimes and Crimes against Humanity
90. Convention on the Prevention and Punishment of the Crime of Genocide
VOLUME IV
HUMANITARIAN LAW
91. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)
92. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
93. Geneva Convention relative to the Protection of Civilian Persons in Time of War
94. Geneva Convention relative to the Treatment of Prisoners of War
INDIA’S RESPONSE TO HUMAN RIGHTS
95. Agenda Item 5: The Right of People to Selfdetermination and its Application to Peoples under Colonial or Alien Domination or Foreign Occupation
96. Human Right Act, 1993
97. Conference for Human Rights Institutions at Seoul on 15th September 2004
98. Address of Dr. Justice A.S. Anand, Chairperson, NHRC on Human Rights Day on 10th December 2003
99. Statement of Dr. Justice A.S. Anand, Chairperson, National Human Rights Commission of India
100. Speech Delivered by H.E. The President of India, Dr. A.P.J. Abdul Kalam
101. Statement of Justice Shri J.S. Verma, Chairperson, National Human Rights
102. Message of the UN Secretary-General Mr. Kofi Annan on the Occasion of Human Rights Day,
10 December 2002
103. Address by Shri K.R. Narayanan, President of India at the ‘Human Rights Day’ Function Organized by the National Human Rights Commission of India on Monday, December 10, 2001