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Human Rights in the Indian Constitution. Human Rights Education Orientation and TOT April 12 th 2011. Constitutional provisions. Part III: Fundamental Rights Part IV: Directive Principles of S tate Policy Rights and essence of the rights Rule of Law
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Human Rights in the Indian Constitution Human Rights Education Orientation and TOT April 12th 2011
Constitutional provisions • Part III: Fundamental Rights • Part IV: Directive Principles of State Policy • Rights and essence of the rights • Rule of Law • Constitutionalism as restraint of power • Basis structure: Federalism, separation of power, fundamental rights, rule of law and limited power
Constitutional provisions • ICCPR: civil and political rights • ICESR: social and economic rights
Constitutional provisions: Fundamental Rights • Right to equality A.14-18 • Fundamental freedoms: A. 19 • Right to life: A. 21 • Right to education A. 21A • Protection against arrest and detentionA.20-22 • Right against exploitationA.23,24 • Right to freedom of Religion A.25,26,27,28 • Cultural and educational Rights A.29,30 • Right to constitutional remedies A.32
Constitutional provisions: Fundamental principles • Directive Principles of state policy • Provisions are not enforceable but the principles are nevertheless fundamental in the governance of the country • Right to work • Equal pay for equal work • Equal justice and free legal aid • Early childhood care
Interplay of fundamental rights and directive principles • Reading directives into fundamental rights • Right to life-legal aid, right to education, housing, food, living wage, environment • Right to equality-equal pay, promotion of educational interests of Scheduled Castes • Religious freedoms-uniform civil code, personal law, religious trusts
Comparision with UDHR • A. 14 and A 7 UDHR equality before the law • A. 15 and A 2-para 1 and A 7 UDHR Prohibition of discrimination • A. 16 equality of opportunity and A 21(2) • A. 19 Freedoms of speech and expression , residence, movement, assembly and association corresponds to A. 19,20,23,13
Comparision with ICESR Sourced from the NHRC module on HRE
Protection of Human Rights Act,1993 • National Human Rights Commission • State Human Rights Commissions
Conflict of Rights • Individual liberty vs. social control-A 19 freedom of speech and expression vs. public order, decency and morality, • Equality vs. affirmative action • Religious freedoms vs. social reform • Religious freedom vs. securalism • Equality vs. special status of minority institutions