Assignment on

HUMAN RIGHTS

SUBMITTED TO: SUBMITTED BY:

Mr. Dheeraj Jha Manjeet Singh Rathore (L/191)

Assistant Professor B.A. L.LB.

School of Law School of Law

Raffles University Raffles University

ACKNOWLEDGMENT

I would like to express my special thanks of gratitude to my teacher, Mr. Dheeraj Jha as well
who gave me the golden opportunity to do this wonderful project on the topic Bill of Lading,
which also helped me in doing a lot of Research and I came to know about so many new things I
am really thankful to them.
Secondly I would also like to thank my parents and friends who helped me a lot in finalizing this
project within the limited time frame.
Introduction

Older people as with every other section of the population have human rights as they are inherent
to all human beings. To date there has been a lack of discussion and articulation of the human
rights of older people in Ireland and internationally. But as Ireland and the world ages it takes on
an added importance to start this discussion. We need to improve the protection of older person’s
rights so that older people can fully enjoy their human rights and so we all can continue to
participate in and contribute to society as we grow old

What are human rights?

Human Rights are rights which belong to every individual simply because we are human beings.
It does not matter what our nationality, place of residence, sex, age, national or ethnic origin,
colour, religion, language, or any other status is.Human rights are about human dignity as
opposed to simply human needs or charity and embody the basic standards without which people
cannot realise their inherent human dignity.We are all equally entitled to our human rights
without discrimination.

Basic Human Rights Principals

1. Human Rights are Universal

Human rights are universal because they are based on every human being’s dignity,
irrespective of race, colour, sex, ethnic or social origin, religion, language, nationality,
age, sexual orientation, disability or any other distinguishing characteristic. Since they are
accepted by all States and peoples, they apply equally and indiscriminately to every person and
are the same for everyone everywhere.

2. Human Rights are Inalienable

Human rights are inalienable insofar as no person may be divested of his or her human rights
save under clearly defined legal circumstances. For instance, a person’s right to liberty may
be restricted if he or she is found guilty of a crime by a court of law.

3. Human Rights are Indivisible and Interdependent

Human rights are indivisible and interdependent. Because each human right entails and
depends on other human rights, violating one such right affects the exercise of other human
rights. For example, the right to life presupposes respect for the right to food and to an adequate
standard of living. The right to be elected to public office implies access to basic education. The
defence of economic and social rights presupposes freedom of expression of assembly and of
association.

4. The Principle of Non-Discrimination

Some of the worst human rights violations have resulted from discrimination against specific
groups. The right to equality and the principle of non-discrimination, explicitly set out in
international and regional human rights treaties, are therefore central to human rights. The
right to

equality obliges States to ensure observance of human rights without discrimination on any
grounds,including sex, race, colour, language, religion, political or other opinion, national, ethnic
or social origin, membership of a national minority, property, birth, age, disability, sexual
orientation and social or other status.

Older People and human rights

Older people are beginning to represent a large proportion of the general population and have
become a major area for social programming in many parts of the world. However, neglect or
violation of older people’s rights is common The 2001 census has shown that the elderly
population (60+) of India accounted for 77 million and census 2011 projections indicate that
elderly population has crossed the 100 million mark. It took more than 100 years for the aged
population to double in most of the countries in the world, but in India it has doubled in just 20
years. The life expectancy has also gone up to over 70 years today (Agewell Foundation, 2011).
According to the United Nations Department of Economic and Social Affairs, one out of every
ten people on the planet is now 60 years of age or older. If the current trend of lowering birth
rates and lowering death rates continues, by the year 2050 one out of five people will be aged 60
years or older and by 2150, one out of every three people will be aged 60 years or older.
Additionally, the oldest old are the most rapidly expanding segment of the elderly population.
Currently, the oldest old make up 11 percent of the 60+ age group and will grow to 19 percent by
2050. The global phenomenon of population ageing brings with it a host of challenges for many
older people: economic insecurity, poor health, social isolation and prolonged dependency The
Human Rights Act influences the way public services are delivered to older people. The
Human Rights Act says that providers of public services, such as staff at residential homes
and hospitals or carers in your own home, must make sure that they do not breach your
human rights (British Institute of Human Rights, 2010).

International Human Rights and Old Age Rights

In recent years rumors have been aired concerning the impending recognition of old age rights
which would appear alongside the human rights of minorities, women, child and persons with
disabilities (Bobbio, 1996). The movement for old rights seemingly achieved momentum
at the beginning of 2010 when the Advisory Committee of the UN Human Rights
Council delivered a working document defending “the necessity of human rights approach
and effective United Nations mechanism for the human rights of the older person” (Human
Rights Council, 2010). In January 2010, the Advisory Committee to the Human Rights Council
released a report on the human rights of older persons. The “Chung report”, namely after the
repporteur Ms. Chisung Chung, is a research document that illustrates, in sections I and II, the
global impact of demographic ageing and the increasing number of human rights violations
suffered worldwide by older persons in area such as physical and moral integrity, susceptibility
to poverty, employment, social security and health care. After discussing the need (“necessity”)
for a human rights treaty, the reports presents in section V a non-exhaustive list of human rights
of the older person, prepared by the Yale law school ( Loweinstein, 2010). One of the basic
claims of the Chung report is that a treaty on the human rights of the older person
enhanced the visibility of older persons in human rights law.

UN Principles for Older Persons

Independence

 Older persons should have access to adequate food, water, shelter, clothing and healthcare
through the provision of income, family and community support and self-help.
 Older persons should have the opportunity to work or to have access to other Income-
generating opportunities.

 Older persons should be able to participate in determining when and at what pace withdrawal
from the labour force takes place.

 Older persons should be able to live in environments that are safe and adaptable to
personal preferences and changing capacities.

Participation

 Older persons should remain integrated in society, participate actively in the formulation and
implementation of policies that directly affect their wellbeing and share their knowledge and
skills with younger generations.

 Older persons should be able to seek and develop opportunities for service to the community
and to serve as volunteers in positions appropriate to their interests and capabilities.

 Older persons should be able to form movements or associations of older persons. Care

 Older persons should benefit from family and community care and protection in accordance
with each society’s system of cultural values.

 Older persons should have access to healthcare to help them to maintain or regain the optimum
level of physical, mental and emotional wellbeing and to prevent or delay the onset of illness.

 Older persons should have access to social and legal services to enhance their autonomy,
protection and care.

 Older persons should be able to utilize appropriate levels of institutional care, providing
protection, rehabilitation and social and mental stimulation in a humane and secure
environment. Self-fulfilment

 Older persons should be able to pursue opportunities for the full development of their
potential.
 Older persons should have access to the educational, cultural, spiritual and recreational
resources of society.

Dignity

 Older persons should be able to live in dignity and security and be free of exploitation and
physical or mental abuse.

 Older persons should be treated fairly regardless of age, gender, racial or ethnic background,
disability or other status, and be valued independently of their economic contribution. Specific
Human Rights for Older Persons (BIHR, 2009) Human rights which are widely used to protect
older people are:

 The right not to be tortured or treated in an inhuman or degrading way;

 The right to respect for private and family life, home and correspondence; and

 The right to life. The right not to be tortured or treated in an inhuman or degrading way

Article 3 of the European Convention on Human Rights says that no one shall be tortured or
treated in an inhuman or degrading way. This right is an absolute right. This means that no one
should not be tortured or treated in an inhuman or degrading way in any circumstances, as
this right may never be breached, restricted or limited.

The right to respect for private and family life, home and correspondence

Article 8 of the European Convention protects the right to respect for private and family life,
home and correspondence. This right guides the older persons in their private life (personal
choice and dignity), personal and sexual life, cultural needs, physical and mental wellbeing,
participation in community life, access to personal information.

The right to life

Article 2 of the European Convention on Human Rights protects the right to life. This right has
two aspects to it. Public authorities must:

 Not take away your life, except in a few very limited circumstances. These circumstances are
lawful action taken to defend someone from violence, to arrest someone, to prevent someone
who is lawfully detained from escaping, or to suppress a riot. Any action taken must use
no more force than is absolutely necessary.

 Take reasonable steps to protect your life. For example there should be adequate laws in
place to protect our self from others who might want to take away our life

Legal provisions in india for elderly people

Constitutional Protection:

Art. 41 : Right to work, to education and to public assistance in certain cases : The State shall,
within the limits of economic capacity and development, make effective provision for securing
the right to work, to education and to public assistance in cases of unemployment, old age,
sickness and disablement, and in other cases of undeserved want.
Art. 46 : Promotion of educational and economic interests of ……. and other weaker sections :
The State shall promote with special care the educational and economic interests of the weaker
sections of the people…..and shall protect them from social injustice and all forms of
exploitation.
However, these provision are included in the Chapter IV i.e., Directive Principles of the Indian
Constitution. The Directive Principles, as stated in Article 37, are not enforceable by any court of
law. But Directive Principles impose positive obligations on the state, i.e., what it should do. The
Directive Principles have been declared to be fundamental in the governance of the country and
the state has been placed under an obligation to apply them in making laws. The courts however
cannot enforce a Directive Principle as it does not create any justiciable right in favour of any
individual. It is most unfortunate that state has not made even a single Act which are directly
related to the elderly persons.

Legal Protections:

Under Personal Laws:

The moral duty to maintain parents is recognized by all people. However, so far as law is
concerned, the position and extent of such liability varies from community to community.
Hindus Laws:

Amongst the Hindus, the obligation of sons to maintain their aged parents, who were not able
tomaintain themselves out of their own earning and property, was recognized even in early texts.
And this obligation was not dependent upon, or in any way qualified, by a reference to the
possession of family property. It was a personal legal obligation enforceable by the sovereign or
the state. The statutory provision for maintenance of parents under Hindu personal law is
contained in Sec 20 of the Hindu Adoption and Maintenance Act, 1956. This Act is the first
personal law statute in India, which imposes an obligation on the children to maintain their
parents. As is evident from the wording of the section, the obligation to maintain parents is not
confined to sons only, and daughters also have an equal duty towards parents. It is important to
note that only those parents who are financially unable to maintain themselves from any source,
are entitled to seek maintenance under this Act.

Muslim Law:

Children have a duty to maintain their aged parents even under the Muslim law. According to
Mulla :
(a) Children in easy circumstances are bound to maintain their poor parents, although the latter
may be able to earn something for themselves.
(b) A son though in strained circumstances is bound to maintain his mother, if the mother is
poor, though she may not be infirm.

(c) A son, who though poor, is earning something, is bound to support his father who earns
nothing.
According to Tyabji, parents and grandparents in indigent circumstances are entitled, under
Hanafi law, to maintenance from their children and grandchildren who have the means, even if
they are able to earn

their livelihood. Both sons and daughters have a duty to maintain their parents under the Muslim
law. The obligation, however, is dependent on their having the means to do so.
Christian And Parsi Law:The Christians and Parsis have no personal laws providing for
maintenance for the parents. Parents who wish to seek maintenance have to apply under
provisions of the Criminal Procedure Code.
Under The Code of Criminal Procedure:Prior to 1973, there was no provision for
maintenance of parents under the code. The Law Commission, however, was not in favour of
making such provision. According to its report:The Cr.P.C is not the proper place for such a
provision. There will be considerably difficulty in the amount of maintenance awarded to parents
apportioning amongst the children in a summary proceeding of this type. It is desirable to leave
this matter for adjudication by civil courts.
The provision, however, was introduced for the first time in Sec. 125 of the Code of Criminal
Procedure in 1973. It is also essential that the parent establishes that the other party has sufficient
means and has neglected or refused to maintain his, i.e., the parent, who is unable to maintain
himself. It is important to note that Cr.P.C 1973, is a secular law and governs persons belonging
to all religions and communities. Daughters, including married daughters, also have a duty to
maintain their parents.
Governmental Protections:

1. The Government of India approved the National Policy for Older Persons on January 13,
1999 in order to accelerate welfare measures and empowering the elderly in ways
beneficial for them. This policy included the following major steps :
 i. Setting up of a pension fund for ensuring security for those persons who have been
serving in the unorganized sector,
ii. Construction of old age homes and day care centers for every 3-4 districts,
iii. Establishment of resource centers and re-employment bureaus for people above 60
years,
iv. Concessional rail/air fares for travel within and between cities, i.e.,30% discount in
train and 50% in Indian Airlines.
v. Enacting legislation for ensuring compulsory geriatric care in all the public hospitals.
2. The Ministry of Justice and Empowerment has announced regarding the setting up of a
National Council for Older Person, called agewell Foundation. It will seek opinion of
aged on measures to make life easier for them.
3. Attempts to sensitise school children to live and work with the elderly. Setting up of a
round the clock help line and discouraging social ostracism of the older persons are being
taken up.
4. The government policy encourages a prompt settlement of pension, provident fund (PF),
gratuity, etc. in order to save the superannuated persons from any hardships. It also
encourages to make the taxation policies elder sensitive.
5. The policy also accords high priority to their health care needs.
6. According to Sec.88-B, 88-D and 88-DDB of Income Tax Act there are discount in tax
for the elderly persons.
7. Life Insurance Corporation of India (LIC) has also been providing several scheme for the
benefit of aged persons, i.e., Jeevan Dhara Yojana, Jeevan Akshay Yojana, Senior Citizen
Unit Yojana, Medical Insurance Yojana.
8. Former Prime Minister A.B.Bajpai was also launch 'Annapurana Yojana' for the benefit
of aged persons. Under this yojana unattended aged persons are being given 10 kg food
for every month.
9. It is proposed to allot 10 percent of the houses constructed under government schemes for
the urban and rural lower income segments to the older persons on easy loan.

The policy mentions:

The layout of the housing colonies will respond to the needs and life styles of the elderly so that
there is no physical barriers to their mobility; they are allotted ground floor; and their social
interaction with older society members exists.

Despite all these attempts, there is need to impress upon the elderly about the need to adjust to
the changing circumstances in life and try to live harmoniously with the younger generation as
for as possible.It may be pointed out that recently the Madurai Bench of the Madras High Court
has ruled that the benefits conferred on a Government employee, who is disabled during his/her
service period, under Section 47 of Persons with Disabilities (equal opportunities, protection of
rights and full participation) Act, 1995 cannot be confined only seven types of medical
conditions defined as 'disability' in the Act. The seven medical conditions are blindness, low
vision, leprosy-cured, hearing impaired, locomotor disability, mental retardation and mental
illness. A Division Bench comprising Justice F.M.Ibrahim and Justice K.Venkataraman said :
We feel that the court cannot shut its eyes if a person knocks at its doors claiming relief under
the Act. In a welfare State like India, the benefits of benevolent legislation cannot be denied on
the ground of mere hyper technicalities. It may be noted that this Act is not directly related to
aged person but seven medical conditions which prescribed in this Act are the common symptom
of the aged person.

Human Rights and Social Work

On an international level, the link between social work and human rights appears more
developed than in the United States. Ethical principles issued by the International
Federation of Social Workers (IFSW) highlight the importance of human rights declarations
and conventions and underlying human rights principles (International Federation of Social
Workers, 2009). Integration of human rights into social work policies and practices is essential,
regardless of whether the perspective is individual or societal. The Council on Social Work
Education now mandates the integration of human rights into curricula of US schools of social
work. Basic concepts underlying human rights present little that is new to the social work
profession. The profession has a history of advocating for education, equality, healthcare,
housing, and fairness, all of which fit neatly under the umbrella of human rights

Conclusion
At present the older persons have lost their basic rights due to rapid industrialization and
urbanization which shifted the joint family system into nuclear family and as the result the elders
were not given due recognition in the family and society as well. Older people are often
discriminated against within families and services, and this discrimination is often
underpinned by the legal systems and government policies of individual countries. Older
people’s rights are set out in a range of international agreements, but are often ignored. In India
older generations are not aware of their human rights due to high prevalence of illiteracy and
lack of awareness. Further, older people face hardship because of society’s negative
attitudes towards them and they rarely report these abuses because of fear, and ignorance
of their rights. Today creating awareness on human rights for older persons and protecting
their basic human rights has become the prime responsibility for government and other
organizations which work for the welfare of the older persons. Finally to decrease the
incidences of age-discrimination, age-discriminatory policies like retirement policies in both
government and public sector, various reservation policies need to be amended.
BIBLIOGRAPHY

 St-Arnaud, Y. (1992). Connaître par l’action: Presses de l’Université de Montréal.

 Steel, Z., Bateman Steel, C. R., & Silove, D. (2009). Human rights and the trauma model:
Genuine partners or uneasy allies? Journal of Traumatic Stress, 22(5), 358-365. Steen, J.
A. (2006).
 The Roots of Human Rights Advocacy and a Call to Action. Social Work, 51(2), 101-
105.
 Stepney, P. (2006). Mission Impossible? Critical Practice in Social Work. British Journal
of Social Work, 36(8), 1289-1307.
 Thompson, N. (2002). Social Movements, Social Justice and Social Work. British Journal
of Social Work, 32(6), 711-722.