International context

The essentials

Human rights are inherent, universal, inalienable and indivisible rights belonging to every human being. After the atrocities of the Second World War, the United Nations made their protection a central aim. On 10 December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR); this date is observed as Human Rights Day. The UDHR is a declaration, not a treaty, so it was not originally legally binding, but many of its principles are now widely accepted.

Key points

• International Bill of Human Rights: UDHR (1948), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), both adopted in 1966 and in force from 1976. India acceded to both in 1979.
• Generations of rights: first generation – civil and political rights (life, speech, fair trial); second – economic, social and cultural rights (work, education, health); third – collective rights (development, clean environment, peace).
• Specialised treaties: the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979), the Convention on the Rights of the Child (CRC, 1989), the Convention against Torture, and the Convention on the Rights of Persons with Disabilities.
• Characteristics: universality, inalienability, indivisibility, interdependence and equality.

Exam tips

• India has signed but not ratified the Convention against Torture; do not describe it as a party.
• Remember Human Rights Day falls on 10 December.

Common mistakes

• Calling the UDHR a binding treaty in its original form.
• Mixing up which covenant covers which rights: ICCPR (civil and political) and ICESCR (economic, social and cultural).