WEBVTT 1 00:00:00.103 --> 00:00:02.984 Music 2 00:00:03.008 --> 00:00:05.627 3 00:00:05.670 --> 00:00:09.440 Dear students, welcome to week one module one 4 00:00:09.440 --> 00:00:15.170 onz the National Human rights protection system. 5 00:00:15.170 --> 00:00:19.511 We will take up this notion of human rights 6 00:00:19.511 --> 00:00:23.146 and also its significance. Thereafter, 7 00:00:23.403 --> 00:00:28.450 try and have an understanding of the production system 8 00:00:28.562 --> 00:00:33.704 available in the world at large and then come to the 9 00:00:33.704 --> 00:00:36.450 National Human Rights production system 10 00:00:36.450 --> 00:00:41.355 and its various elements. We will also see the relationship between 11 00:00:41.355 --> 00:00:45.911 these different elements in this module. 12 00:00:46.020 --> 00:00:50.647 First, let us take up the notion of human rights. 13 00:00:50.647 --> 00:00:54.496 What are human rights? 14 00:00:54.496 --> 00:00:59.337 Human rights are those rights which accrue to a Human Being 15 00:00:59.488 --> 00:01:06.805 merely by virtue of being born into the human family 16 00:01:06.811 --> 00:01:14.224 and they belong to everyone, regardless of any distinctions based on gender, 17 00:01:14.460 --> 00:01:18.047 race, and so on and so forth. 18 00:01:18.079 --> 00:01:21.619 whether a person is from 19 00:01:21.660 --> 00:01:24.382 majority community or minority community. 20 00:01:24.504 --> 00:01:28.679 Whether the person is rich or poor, whether the person is differently abled 21 00:01:28.679 --> 00:01:34.957 or otherwise, every Human Being is expected to enjoy 22 00:01:34.957 --> 00:01:38.560 the full range of human rights. 23 00:01:38.560 --> 00:01:40.837 In fact, the World Conference on human rights. 24 00:01:40.837 --> 00:01:46.361 which was held at Vienna, in the year 1993, came out with a 25 00:01:46.500 --> 00:01:51.063 declaration and a platform for action. 26 00:01:51.540 --> 00:01:59.685 In the Vienna declaration 1993.It was asserted that all human rights are 27 00:01:59.756 --> 00:02:05.860 Universal, indivisible interrelated and inter dependent. 28 00:02:05.860 --> 00:02:11.931 , today, these human rights have 29 00:02:11.931 --> 00:02:19.225 become so significant are so important. They In fact, 30 00:02:19.225 --> 00:02:25.669 set limits on the state's actions. 31 00:02:25.740 --> 00:02:30.248 Let us now see the international system. 32 00:02:30.420 --> 00:02:34.357 Under the United Nations under the UN General Assembly. 33 00:02:34.579 --> 00:02:40.214 A range of binding conventions or non binding standards 34 00:02:40.214 --> 00:02:44.396 on human rights have been adopted. There are what are called 35 00:02:44.396 --> 00:02:49.690 charter based bodies and treaty based bodies and they constitute 36 00:02:49.690 --> 00:02:53.325 what is called an international system 37 00:02:53.325 --> 00:02:56.460 and it is complemented by 38 00:02:56.490 --> 00:03:00.000 regional systems for the protection and promotion of 39 00:03:00.000 --> 00:03:07.875 Human Rights in Europe, the Americas, Africa and other regions of the world. 40 00:03:07.875 --> 00:03:14.338 , We have international system 41 00:03:14.362 --> 00:03:18.687 represented by UN and then you have a regional systems 42 00:03:18.798 --> 00:03:21.750 and both of them are complemented by 43 00:03:21.764 --> 00:03:27.391 what are called National Human Rights protection system. 44 00:03:27.668 --> 00:03:31.311 In fact, these national systems 45 00:03:31.311 --> 00:03:36.978 act as a let me first give you an overview of this system. 46 00:03:36.978 --> 00:03:42.613 You have this diagram, which captures the 47 00:03:42.686 --> 00:03:48.512 in a graphical manner, the National Human rights protection system. 48 00:03:48.948 --> 00:03:55.845 At the core of the system is a National Human Rights institution. 49 00:03:56.297 --> 00:04:00.504 In fact,if you see in some countries. 50 00:04:00.677 --> 00:04:08.089 the source of the NHRI is provided in a in their constitution 51 00:04:08.089 --> 00:04:15.169 or in a specific statute. And they are supposed to be independent, 52 00:04:15.169 --> 00:04:22.058 not just a government department,and they are supposed to be autonomous 53 00:04:22.547 --> 00:04:28.563 and with their funds being voted or approved by the parliament. 54 00:04:28.563 --> 00:04:32.539 And these are unique entities, 55 00:04:33.000 --> 00:04:37.135 and they're neither part of government, they are nor civil society. 56 00:04:37.135 --> 00:04:42.611 And but they are autonomous, and they are pivotal 57 00:04:42.870 --> 00:04:47.760 or at the core of the National Human rights protection system. 58 00:04:48.480 --> 00:04:54.647 On the other hand, you also have legislatureexecutive. 59 00:04:55.132 --> 00:05:00.053 Judiciary, which are three wings of the state. 60 00:05:00.053 --> 00:05:07.339 Each of these wings of the state. Their powers and functions have been 61 00:05:07.560 --> 00:05:12.560 explained or given in detail in the Constitution of India. 62 00:05:12.870 --> 00:05:17.655 ,each of these three wings have a specific role 63 00:05:17.655 --> 00:05:21.758 a specific responsibility for the protection 64 00:05:21.758 --> 00:05:27.473 and promotion of human rights. These three wings of the state 65 00:05:27.473 --> 00:05:32.544 are complemented by the work of the civil society. 66 00:05:32.857 --> 00:05:36.794 , what is this civil society it is a, 67 00:05:36.794 --> 00:05:44.613 this term is used to connote the non governmental organizations, 68 00:05:44.613 --> 00:05:50.772 the trade unions, the academics, the media, and other 69 00:05:50.772 --> 00:05:53.176 who are not part of the government. 70 00:05:53.359 --> 00:06:00.115 And , in fact, the National Human Rights institution 71 00:06:00.115 --> 00:06:03.726 is expected to be a bridge between 72 00:06:03.726 --> 00:06:10.925 the government on the one hand and the civil society on the other. 73 00:06:10.942 --> 00:06:15.839 Let us briefly look at each of these institutions. 74 00:06:15.910 --> 00:06:22.133 Let's say legislature: it's main task is expected to 75 00:06:22.133 --> 00:06:31.108 pass legislations and the members of the legislature's 76 00:06:31.425 --> 00:06:36.013 have adopted a number of legislations, 77 00:06:36.013 --> 00:06:42.075 Guaranteeing the rights of specific groups of people like woman, 78 00:06:42.400 --> 00:06:47.028 children, persons belonging to scheduled caste, Scheduled Tribes, 79 00:06:47.163 --> 00:06:52.391 minorities, persons with disability, etc. 80 00:06:52.415 --> 00:06:59.054 In addition, the members of parliament 81 00:06:59.054 --> 00:07:06.451 can used a range of means for protection of promotion of human rights. 82 00:07:06.847 --> 00:07:13.117 They have a question hour, they have a zero hour. 83 00:07:13.117 --> 00:07:16.609 They have a call attention motion, 84 00:07:16.609 --> 00:07:24.438 and they have many other legislative means to advance 85 00:07:24.614 --> 00:07:28.551 the protection and promotion of human rights. 86 00:07:28.551 --> 00:07:35.421 In addition, there are parliamentary standing 87 00:07:35.421 --> 00:07:40.405 committees on many specific subjects, 88 00:07:40.429 --> 00:07:47.472 including woman the welfare of scheduled caste social justice etc. 89 00:07:47.472 --> 00:07:50.813 They also advance the task of human rights. 90 00:07:50.893 --> 00:07:55.115 ,the executive is tasked with the 91 00:07:55.115 --> 00:08:01.004 enforcement of laws and also evolve 92 00:08:01.004 --> 00:08:07.499 policies, programs and schemes and if you look at the Government of India. 93 00:08:07.530 --> 00:08:13.435 There are ministries, which like focus on 94 00:08:13.575 --> 00:08:19.313 a woman and children's development, labor, 95 00:08:19.509 --> 00:08:26.195 social justice, disability or Minority Affairs, 96 00:08:26.195 --> 00:08:32.354 Health and Family Welfare, Human Resource Development. 97 00:08:32.354 --> 00:08:37.140 , the work of each of these ministries 98 00:08:37.140 --> 00:08:42.032 is critical for the protection and promotion of human rights. 99 00:08:42.032 --> 00:08:45.119 , let us look at the role of judiciary. 100 00:08:45.119 --> 00:08:50.953 Judiciary, particularly the higher judiciary, 101 00:08:51.074 --> 00:08:54.693 represented by the Supreme Court on the high courts 102 00:08:54.693 --> 00:08:59.900 are the custodian of fundamental rights are provided. 103 00:08:59.900 --> 00:09:02.455 Or Guaranteed under the Constitution of India 104 00:09:02.650 --> 00:09:07.239 and the public interest litigation 105 00:09:07.539 --> 00:09:12.023 as it evolved over the years, and the Supreme Court 106 00:09:12.023 --> 00:09:17.477 and the higher courts within India have advanced the cause of human rights. 107 00:09:17.564 --> 00:09:22.778 which we will see in great detail in the coming modules. 108 00:09:22.778 --> 00:09:29.288 , we will also see the work of civil society, 109 00:09:29.288 --> 00:09:34.605 particularly, the role of media and role of NGOs, 110 00:09:34.605 --> 00:09:39.248 role of trade unions and economics in the task of 111 00:09:39.248 --> 00:09:43.089 protection and promotion of human rights. 112 00:09:43.089 --> 00:09:49.105 We have seen the , at the national level, 113 00:09:49.105 --> 00:09:52.946 the role of executive legislature judiciary 114 00:09:53.057 --> 00:09:57.953 and civil society and how does it connect with the universal system. 115 00:09:58.032 --> 00:10:02.318 , let me read out to you What the United Nations has said. 116 00:10:02.445 --> 00:10:10.736 In fact according to UN, "Important elements of a national protection system 117 00:10:10.736 --> 00:10:15.871 include one laws consistent with 118 00:10:15.974 --> 00:10:19.736 international human rights standards. 119 00:10:20.299 --> 00:10:27.117 Number two, effective functioning of courts, judiciary and law enforcement, 120 00:10:27.117 --> 00:10:33.275 as well as independent human rights institutions, or ombudsman. 121 00:10:33.472 --> 00:10:38.305 Number three, procedures for individuals to 122 00:10:38.408 --> 00:10:41.266 effectively claim one's rights. 123 00:10:41.266 --> 00:10:45.805 Number four, good governance and accountable 124 00:10:45.805 --> 00:10:50.969 government institutions that promote and protect human rights. 125 00:10:50.969 --> 00:10:55.771 Number five, democratic, open, transparent 126 00:10:55.891 --> 00:10:59.312 and participatory 127 00:10:59.447 --> 00:11:03.923 ,decision making process. strong civil society 128 00:11:03.923 --> 00:11:07.209 including a free and independent media. 129 00:11:07.209 --> 00:11:16.116 in 1993 UN General Assembly adopted Paris principles. 130 00:11:16.116 --> 00:11:22.338 In fact, the National Human Rights institutions 131 00:11:22.338 --> 00:11:28.013 areexpected to be comply with these Paris principles, 132 00:11:28.013 --> 00:11:33.825 which basically say that NHRI should have a wide mandate. 133 00:11:33.825 --> 00:11:38.873 And they must have a plural composition 134 00:11:38.873 --> 00:11:42.944 in terms of its membership, and they are expected to have 135 00:11:42.944 --> 00:11:47.643 both functional ,autonomy and independence. 136 00:11:47.643 --> 00:11:52.545 , these Paris principles are very critical 137 00:11:52.545 --> 00:11:58.410 for the effective functioning of a National Human Rights institution. 138 00:11:58.410 --> 00:12:01.497 In fact, at the United Nations level 139 00:12:01.497 --> 00:12:06.481 there is a global alliance of National Human Rights institutions. 140 00:12:06.481 --> 00:12:13.299 Which accredits NHRIs, those which are fully compliant 141 00:12:13.394 --> 00:12:19.545 with the Paris principles and participate in the 142 00:12:19.545 --> 00:12:27.222 Human Rights Council and its meetings and they have full speaking rights. 143 00:12:27.222 --> 00:12:31.786 On the other hand, there are partly compliant 144 00:12:31.786 --> 00:12:34.619 or non compliant human rights institutions, 145 00:12:34.691 --> 00:12:39.762 which do not have such full participation rights. 146 00:12:39.786 --> 00:12:47.811 , in a way, NHRIs play an important role 147 00:12:47.811 --> 00:12:51.747 in the protection and promotion of human rights 148 00:12:51.747 --> 00:12:59.623 and they complement the work of legislature ,executive ,judiciary 149 00:12:59.623 --> 00:13:04.917 and civil society. just as all human rights belong to 150 00:13:04.917 --> 00:13:10.655 all Human Being, the task of protection and promotion of human rights 151 00:13:10.655 --> 00:13:18.054 is the responsibility of everyone and different wings 152 00:13:18.054 --> 00:13:22.752 Which we examine in this module. And in the coming modules, 153 00:13:22.752 --> 00:13:28.006 We will take up for more in depth examination, 154 00:13:28.260 --> 00:13:34.173 the Paris principles and the work of National Human Rights Commission of India 155 00:13:34.173 --> 00:13:37.554 and a critical appraisal of the commission and also 156 00:13:37.578 --> 00:13:43.062 the work of the legislature executive, judiciary ,civil society 157 00:13:43.062 --> 00:13:48.943 for intensive examination, 158 00:13:48.943 --> 00:13:55.038 the National Human Rights Commission and also the Paris principles 159 00:13:55.038 --> 00:14:01.133 will be subject matter of number of modules in this coming weeks. 160 00:14:01.133 --> 00:14:08.538 And so in conclusion, we have this national human rights protection system. 161 00:14:08.752 --> 00:14:14.098 At the core of it is the NHRI'S, 162 00:14:14.098 --> 00:14:17.629 which complement the efforts of the 163 00:14:17.653 --> 00:14:21.217 other wings of the state, namely legislature, 164 00:14:21.217 --> 00:14:25.755 executive, judiciary, and the civil society also 165 00:14:25.755 --> 00:14:32.319 is an important actor in the National Human rights protection system. 166 00:14:32.779 --> 00:14:35.511 Thank you.