Wednesday, 9 September 2020

A Comparative Appraisal of Human Rights under International Bill of Human Rights

 

A Comparative Appraisal of Human Rights under International Bill of Human Rights: - The International Bill of Human Rights has mainly been made with the inclusion of the U.D.H.R. 1948, I.C.C.P.R. 1966 & I.C.E.S.C.R.1966. A comparative appraisal of human rights is being conducted hereinafter to the Universal declaration of human rights 1948 (U.D.H.R. 1948) in accordance with the rights as mentioned in the aforesaid instruments namely civil, political, economic, social, cultural & miscellaneous rights which are as follows:- 

 

The Universal Declaration of Human Rights 1948, (U.D.H.R., 1948) and the International Covenant on Civil and Political Rights, 1966, (I.C.C.P.R., 1966)

Civil and Political Rights:-

Sr. No.

The Universal Declaration of Human Rights, 1948,

(UDHR, 1948)

The Civil and Political Rights under International Covenant on Civil and Political Rights, 1966,(I.C.C.P.R., 1966)

1.

The Rights regarding equality & non-discrimination (Under Articles-01, & 07)

Article (s) - 02(1), 03 & 26

2.

The right to self-determination is not found in the U.D.H.R., 1948 but the same substantially is in existence in the declaration.

The right to self-determination

(Article (s) – 01)

3.

Right to effective judicial remedies (Under article-08)

Article (s) -  02(3)

4.

The right to life (Under article- 03)

Article (s) - 02(6),

5.

The prohibition torture, cruelty, inhumanity, degrading treatment or punishment (Under article- 05)

Article (s) - 07 & 10

6.

The rights regarding prohibition of slavery, servitude, trade of slave & slavery in all forms (Under article- 04)

Article (s) - 08

7.

The right to freedom & security (Under Articles-03 & 09)

Article (s) - 09

8.

The rights regarding freedom of movement & residence (Under Articles- 13)

Article (s) - 12

9.

The rights regarding absolute equality to a fair & public hearing (Under Article-10) and the right of presumption of innocent until proved guilty in accordance with law in case of charge of penal offence [Under Article-11 (1)]

Article (s) - 14

10.

The protection from retrospective effect and double jeopardy [Under Article-11 (2)]

Article (s) - 15

11.

The right of recognition everywhere before Law (Under article-06)

Article (s) - 16

12.

The Right to property (Under article-17)

The Right to property for everyone is not found in this Covenant but this Covenant reveals about the prohibition of discrimination or distinction on the basis of ‘property’- Under Article (s) –02(1), 24 (1), & 26

13.

The right to privacy (Under Article- 12)

Article (s) – 17 & 19(03)(a)

14.

The rights of freedoms of thought, conscience & religion (Under Article-18)

Article (s) – 18

15.

The rights regarding freedoms of opinion & expression (Under Article-19)

Article (s) – 19

16.

The right of freedom of peaceful assembly  (Under Article-20)

Article (s) –21

17.

The right of freedom of association (Under Article-20)

Article (s) –22

18.

The right to marry, equal rights of husband & wife regarding marriage, during marriage, & its dissolution and right to found the family (Under Article-16)

Article (s) –03 & 23

19.

The rights of children (Under Article-25 (2) & 26)

Article (s) –24

20.

The rights regarding- take participation in the government, the equal accessibility in public services, equal suffrage, secret vote and election (s) (Under article-21)

Article (s) –25

21.

Regarding the rights of minorities specially the U.D.H.R. 1948 is salient but this declaration is available for all beyond all kinds of discriminations or distinctions therefore it can not be said that the mentioned human right (s) in the declaration is not available for Minority (ies)

The rights of minorities (Article (s) –27)

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