Vulnerable groups
Women and girls |
Children |
Refugees |
Migrant workers |
Displaced people |
Stateless people |
HIV and AIDS victims |
Elderly people |
Disabled people |
National minorities |
Indigenous people |
LGBTQIA+ people |
UN on children's rights
UICEF (11 dec 1946- permanent in 1953) |
to provide emergency food and healthcare to children and mothers in countries that had been devastated by World War II |
UN Convention on the Rights of the Child (Nov. 20th 1989) |
civil, political, economic, social and cultural rights of children |
Includes: |
right to survival |
right to protection |
right to development |
right to freedom of thought and expression |
LGBTQ community
section 377 in IPC |
enforced in 1861 by british, criminalized homosexuality |
sec 377 violated article 14, 15, 21 of Indian constitution |
In 2009, delhi high court decleared art 377 as unconsitiutional, this appeal was overturned by indian supreme court in 2013 |
decriminalised on 6th sept 2018 |
UNHRC in 2011- human rights apply equally to all regardless of their sexual orientation or gender identity, appointed special rapporter on HR of LGBTQ+ |
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UN provisions (no violence against women)
June 1993 Vienna Declaration and Program of Action (VDPA) |
Declaration on the Elimination of Violence Against Women (20th December 1993) |
Beijing Declaration and Platform for Action (1995) |
2030 Agenda for Sustainable Development (UN, 2015) |
Criminal justice system in HR
The court serves to protect human rights in three key areas: |
During investigation |
arrest - 1st step of criminal justice system, guidelines issued by apex court must be followed
Ensure:
-evidence is admissable wrt legal procedure
-accused is informed of their rights (to remain silent, to an attorney)
-accused is not subjected to any form of torture or inhumane treatment
custodial torture- common police practice in India |
During trials |
protect - liberty, speedy trial
Ensure:
-accused receives a fair and impartial trial accused receives a fair and impartial trial
-opportunity to present evidence and cross examine witnesses
-rights of the victim are protected + participate in the trial proceedings
Bail is the rule, jail is an exception - rule of criminal justice system (CrPC), should not be subjected to pre-trial detention or incarceration unless necessary (chances of accused to flee from justice, tamper with evidence, or commit further crimes) |
While serving sentence |
Issues: prison overcrowding and the lack of basic amenities in prisons, torture/inhuman treatments
apex court - issued several guidelines to authorities to safeguard rights of prisoners |
Indian const. provisions for children
Art. 15(3) |
special provisions for children |
Art. 21A, 45, 51A, 86th constitutional amendment |
free and compulsory education to all children
21A, 86th const - children btw 6 to 14yrs
45 - before age of 6
51A - duty of parent/guardian to provide edu for 6 to 14 yrs |
Art. 23 |
prohibits trafficking of human beings including children |
Art. 24 |
no child below 14 years can work in any hazardous occupation |
Art. 39 A & F |
state policies are directed towards securing the tender age of children |
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Indian const. provisions for women
Art. 15(3) |
allows the state to make special provisions for women and children |
Art. 39, The Equal remuneration Act 1976 |
equal pay to women for equal work |
Art. 44 |
uniform civil code- to improve the condition of women across all religion |
Acts |
Dowry Prevention Act, Protection of women from domestic violence Act 2005 |
CRI - Children rights index
evaluates the implementation of children's rights as outlined in the United Nations Convention on the Rights of the Child (UNCRC) in different countries |
right to health |
key indicators: mortality rate, life expectancy at birth, maternal mortality rate, risks of HIV, lack of water, inadequeate nutrition and sanitation |
right to education |
(37% out of world - 287M) of indian population is illiterate
gender inequality, no edu due to child labour, disc based on caste, SES |
right to life |
death due to poverty, female infanticides, post birth mortalities (families kill the babies after they're born) |
right to protection |
child marriage, labour, sexual exploitation/abuse, female genital mutilation, trafficking |
enabling environment for child rights |
no disc, enabling legislation, child participation, State-civil society cooperation for child rights participation |
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