Implementation of Basic Human Right's (Paperback)

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