Human Rights is a dynamic and live concept which must be treated with sensitivity. Its meaning has to be interpreted and understood with the changes brought in by developments in the social, economic, cultural, civil and political spheres. These developments also give rise to aspirations of the people to be able to exercise their rights of equality and justice in its finer aspects. The evolution of human rights, after all, depends on the evolution of mankind. This book is a study about the guarantee of those inherent rights which give strength to an individual to grow holistically with the faith and assurance that in any crisis, whether war or emergency, such rights will not be taken away by the State. It explores the various international and regional mechanisms for the implementation of fundamental rights and the jurisprudence which has evolved from them. This book also traces the development of non-derogable rights in the Indian context. It concludes that it is necessary to secure more non-derogable rights at the international level. This book will be helpful to academics, students, lawyers and NGOs as well as other institutions dealing with international law and human rights issues.
Table of Contents 1. Introduction I. Introduction II. Development of Human Rights in India III. Development of Human Rights in International Law IV. Positivism V. Socialist Theories VI. Promotion of Human Rights prior to the United Nations (a) The Four Freedoms (b) The Human Rights Move1ment after the Second World War VII. Promotion of Human Rights within the United Nations VIII. The Three Treaties: Drafting Debates (a) The CP Covenant (b) The European Convention (c) The American Convention IX. Non-derogable Rights at Universal, Regional and National Levels X. Principles Relating to Derogation (a) Procedural Limitations (b) Substantive Limitations XI. Non-derogable Rights under the Indian Constitution XII. Jus Cogens Jus cogens and the International Law Commission XIII. Observations on a Hierarchy of Norms XIV. Relation between Treaties and Customary Law and Human Rights Protection XV. Conclusion
2. Non-Derogable Human Rights Section I: Right to Life I. International Covenant on Civil and Political Rights II. European Convention for the Protection of Human Rights and Fundamental Freedoms (a) Limitation as to the Taking of Life Capital Punishment (b) Deaths Resulting from the use of Force for Permitted Purposes Action Lawfully Taken for the Purpose of Quelling a Riot and Insurrection III. American Convention on Human Rights IV. African Commission on Human and Peoples’ Rights Section II: Right against Torture I. International Covenant on Civil and Political Rights II. Other United Nations Instruments dealing with Torture III. European Convention for the Protection of Human Rights and Fundamental Freedoms Definition of the Terms “Torture” and “Degrading Treatment” (i) Torture (ii) Degrading Treatment (iii) General Issues (iv) Prohibition Absolute IV. American Convention on Human Rights The Right to Humane Treatment V. The International Legal Standards Section III: Prohibition of Slavery and Servitude I. International Covenant on Civil and Political Rights II. European Convention for the Protection of Human Rights and Fundamental Freedoms III. American Convention on Human Rights Section IV: Freedom from Retroactive Criminal Offences and Punishment I. International Covenant on Civil and Political Rights II. European Convention for the Protection of Human Rights and Fundamental Freedoms Conclusion III. American Convention on Human Rights IV. Conclusion Section V: Prohibition of Imprisonment for Non-fulfilment of Contractual Obligation International Covenant on Civil and Political Rights Section VI: Right to Legal Recognition I. International Covenant on Civil and Political Rights II. The American Convention (a) Rights to Juridical Personality (b) Right to a Name (c) Right to a Nationality (d) Rights of the Family (e) Rights of the Child
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