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INSTITUTIONAL SYSTEMS FOR HUMAN RIGHTS

INSTITUTIONAL SYSTEMS FOR HUMAN RIGHTS. L.S.GHANDI DOSS ghandidoss@gmail.com Formerly at Social Work, Bangalore University. We have moved from…. Charity approach to the needy Act of benevolence - Dhrmaraja etc An act of welfare to the people Action arising out of constitutional rights

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INSTITUTIONAL SYSTEMS FOR HUMAN RIGHTS

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  1. INSTITUTIONAL SYSTEMS FOR HUMAN RIGHTS L.S.GHANDI DOSS ghandidoss@gmail.com Formerly at Social Work, Bangalore University

  2. We have moved from…. • Charity approach to the needy • Act of benevolence - Dhrmaraja etc • An act of welfare to the people • Action arising out of constitutional rights • Rule of Law • Human Right- an entitlement because ‘we are also human’ MU/LSG

  3. Movements, initiatives and social or visible structure • It is an agreed fact that initiatives, movements for a cause cant survive unless there is certain kind of structure to covert aspirations into achievable acts. • Democracy - Election by people. • Workers Rights - Trade Union • Governance - Constitution MU/LSG

  4. WHAT ARE HUMAN RIGHTS? • Human rights are universal - the birth right of all human beings. • Human rights focus on the inherent dignity and equal worth of all human beings. • All human rights are equal, indivisible and interdependent. MU/LSG

  5. WHAT IS HUMAN RIGHTS LAW? • A set of performance standards for duty-bearers at all levels of society, but especially organs of the state. • It serves as a basis for accountability. • It grants justifiable legal guarantees to every individual as a rights-holder. • It is codified in international, regional and national legal systems. MU/LSG

  6. JUSTIFIABLE GUARANTEES • Are legal entitlements. • They may be invoked in a court of law. • If violated, a court may order a remedy such as compensation. MU/LSG

  7. Human Development and Human Rights • Human Development Report (2000): Linking of the human development paradigm with the idea of human rights • Key question: How can the obligations of national governments and the international community with respect to human development be justified and specified? • Move beyond the human development paradigm by bringing in philosophical or legal theory, especially a theory of universal human rights MU/LSG

  8. Rights and Entitlements • General form of a rights-based claim: • Logical relationship between two agents (x) and (y) and a condition (z) • Specification of a rights-holder/s (x), duty holder/s (y) condition (z) MU/LSG

  9. HUMAN RIGHTS OBLIGATIONS OF STATE • 4 categories of obligations: • Respecting a right means that a state must not violate a particular right. • Protecting a right means that a state has to prevent violations of that right by non-state actors. • Fulfilling a right means that a state has to take all appropriate measures, like allotting budgetary resources, to the realisation of that right. • Promoting a right means that a state must educate the public and raise awareness about that right MU/LSG

  10. Human rights FUNDAMENTAL FREEDOMS HUMAN RIGHTSGOVERNMENT OBLIGATIONS MU/LSG

  11. Human Right Bodies Charter-based bodies • Human Rights Council • Universal Periodic Review • Commission on Human Rights (replaced by the Human Rights Council) • Special Procedures of the Human Rights Council • The International Court of Justice (ICJ MU/LSG

  12. core international human rights treaties • Human Rights Committee (CCPR) • Committee on Economic, Social and Cultural Rights (CESCR) • Committee on the Elimination of Racial Discrimination (CERD) • Committee on the Elimination of Discrimination against Women (CEDAW) • Committee against Torture (CAT) & Optional Protocol to the Convention against Torture (OPCAT) - Subcommittee on Prevention of Torture (SPT) • Committee on the Rights of the Child (CRC) • Committee on Migrant Workers (CMW) • Committee on the Rights of Persons with Disabilities (CRPD) • Committee on Enforced Disappearance (CED) MU/LSG

  13. National – State Bodies • National Confederation of Human Rights Organizations (NCHRO) • KARNATAKA STATE HUMAN RIGHTS COMMISSION MU/LSG

  14. Some Institutional frames are.. • National Women’s commission; • National and State Human Rights Commission; and similar legislations • Public Interest Litigation; • Right to Information • (The Public Interest Disclosure and Protection of Persons making the Disclosure Bill 2010)* • The Social Audit Council of A.P MU/LSG

  15. Voluntary Sector • International Human Rights Association (India) • Amnesty International India, • SICHREM is the acronym for South India Cell for Human Rights Education and Monitoring ( Karnataka ) • Social Watch: promoting accountability MU/LSG

  16. MU/LSG

  17. Mother Teresa………. 17 MU/LSG In this life we cannot do great things. We can only do small things with great love. MU/LSG 17

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