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Human Rights Law and Practice

Semester 4 · 18 topics in 5 units

Past question papers for Human Rights Law and Practice

Unit I 3 topics

  1. Human rights: meaning, nature and kindsWhat a human right is, the statutory definition in section 2(1)(d) of the Protection of Human Rights Act, the characteristics examiners expect (universal, inherent, inalienable, indivisible), and the classifications by generation, by holder and by derogability.6 min
  2. Origin and development of human rightsFrom ancient ideas of justice through Magna Carta, the English, American and French declarations, the League of Nations and the ILO, to the UN Charter, the International Bill of Rights and the Indian freedom movement, with customary international law and jus cogens as a source of human rights.7 min
  3. Theories of human rightsNatural rights, positivist, utilitarian, Marxist, liberal (Rawls, Nozick, Dworkin), sociological and capability theories, the dignity basis of modern instruments, the universalism versus cultural relativism debate, and Gandhi's view that rights flow from duties.6 min

Unit II 4 topics

  1. The UN Charter and the UN human rights machineryThe human rights provisions of the UN Charter (Preamble, Articles 1(3), 13, 55, 56, 62, 68, 76 and the domestic jurisdiction clause), the Commission on Human Rights and its replacement by the Human Rights Council, the Universal Periodic Review, special procedures, the High Commissioner, and the nine core treaties with their treaty bodies.7 min
  2. The Universal Declaration of Human Rights, 1948How the UDHR was drafted and adopted, its thirty Articles grouped by subject, its legal status and effects (moral authority, interpretation of the Charter, customary law, model for constitutions), and its use by the Supreme Court of India in Chandrima Das.7 min
  3. ICCPR: civil and political rights and their implementationThe structure of the International Covenant on Civil and Political Rights, the rights in Articles 6 to 27, derogation under Article 4, the Human Rights Committee, state reports, inter-state complaints, the First and Second Optional Protocols, and India's position.8 min
  4. ICESCR: economic, social and cultural rightsThe International Covenant on Economic, Social and Cultural Rights: progressive realisation under Article 2(1), the rights in Articles 6 to 15, the Committee on Economic, Social and Cultural Rights and its minimum core doctrine, the 2008 Optional Protocol, and how the Supreme Court of India has enforced the same rights through Article 21.7 min

Unit III 3 topics

  1. The European system: the Convention and the European Court of Human RightsThe Council of Europe and the European Convention of 1950, the rights in Articles 2 to 14 and the Protocols, derogation under Article 15, the European Court's composition and jurisdiction after Protocols 11, 14, 15 and 16, execution by the Committee of Ministers, the Lawless case, and the European Social Charter.8 min
  2. The Inter-American system: Commission and CourtThe OAS Charter and the American Declaration of 1948, the American Convention (Pact of San José) of 1969, the Inter-American Commission's functions and petition procedure, the Inter-American Court's contentious and advisory jurisdiction, and the Velásquez Rodríguez case on state responsibility for disappearances.6 min
  3. The African system: the Banjul Charter, Commission and CourtThe African Charter on Human and Peoples' Rights of 1981: individual rights, peoples' rights and the duties of individuals in Articles 27 to 29, the African Commission and its three procedures (state reports, inter-state and other communications), the African Court under the 1998 Protocol, and the leading Ogoni and Endorois decisions.7 min

Unit IV 4 topics

  1. Human rights and the Indian ConstitutionHow Part III and Part IV map onto the UDHR and the two Covenants, Articles 51(c) and 253, how Indian courts use treaties India has not legislated on (Jolly George Varghese, Vishaka, PUCL), the role of courts and writs, and three worked problems: free legal aid for a poor accused, impounding of a passport, and living conditions in remote areas.9 min
  2. The Protection of Human Rights Act, 1993 and the constitution of the NHRCWhy the 1993 Act was passed, its scheme and key definitions, and the constitution of the National Human Rights Commission as it stands after the 2006 and 2019 amendments: composition, deemed members, the selection committee, term, removal and staff.8 min
  3. NHRC: functions, powers, procedure and effectivenessThe ten functions in section 12, the civil-court and investigative powers in sections 13 and 14, inquiry and post-inquiry steps under sections 17 and 18, the armed forces procedure in section 19, the one-year bar in section 36, the leading cases (Chakma, Paramjit Kaur, Dhoundial), and a balanced answer to how far the NHRC has succeeded.8 min
  4. State Human Rights Commissions, Human Rights Courts and NGOsConstitution, appointment, removal, term and jurisdiction of State Human Rights Commissions under sections 21 to 29 of the 1993 Act as amended in 2019, Human Rights Courts and Special Public Prosecutors under sections 30 and 31, special investigation teams, and the role of NGOs in protecting human rights, with a worked problem on which Commission to approach.7 min

Unit V 4 topics

  1. Rights of women: CEDAW and Indian lawThe international development of women's rights, the Convention on the Elimination of All Forms of Discrimination against Women (1979) Article by Article, the CEDAW Committee and Optional Protocol, India's declarations and reservation, and the Indian constitutional, statutory and judicial protections from Vishaka to Joseph Shine.7 min
  2. Rights of the child: the CRC, UNICEF and Indian lawFrom the Geneva Declaration of 1924 to the Convention on the Rights of the Child (1989): its four general principles, the survival, development, protection and participation rights by Article, the Optional Protocols and the Committee; the role of UNICEF; and the Indian constitutional provisions, statutes and Supreme Court decisions on children.7 min
  3. Rights of persons with disabilities and of the agedThe 1971 and 1975 UN Declarations, the shift to the social model in the Convention on the Rights of Persons with Disabilities (2006) and the Rights of Persons with Disabilities Act, 2016; and for older persons, the UN Principles of 1991, the Madrid Plan of 2002, and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, with the leading Supreme Court cases.7 min
  4. Rights of tribals, minorities and racial groupsICERD (1965) and the definition of racial discrimination; indigenous and tribal peoples under ILO Conventions 107 and 169 and UNDRIP, and Indian protection through the Fifth and Sixth Schedules, PESA and the Forest Rights Act (Samatha, Niyamgiri); minority rights under ICCPR Article 27 and the 1992 Declaration; and the Chakma case.8 min