Human Rights

International Covenant on Economic, Social and Cultural Rights (16 December 1966, New York)

(Signatories: 71; Parties: 169)

  • ICESCR is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966 through General Assembly. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals, including labour rights and the right to health, the right to education, and the right to an adequate standard of living.
  • India has ratified this convention on 10 April 1979.

International Covenant on Civil and Political Rights (New York, 16 December 1966)

(Signatories: 74; Parties: 172)

  • The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
  • The ICCPR is monitored by the United Nations Human Rights Committee, which reviews regular reports of States parties on how the rights are being implemented.
  • India came into force for this treaty on 10 July 1979.

Convention on the Prevention and Punishment of the Crime of Genocide (New York, 9 December 1948)

(Signatories: 39; Parties: 149)

  • The Convention entered into force on 12 January 1951. It defines genocide in legal terms, and is the culmination of years of campaigning by lawyer Raphael Lemkin.
  • All participating countries are advised to prevent and punish actions of genocide in war and in peacetime.In the aftermath of the Holocaust and Second World War, the world came together and adopted a convention to prevent genocide and punish those who commit this heinous crime.
  • India is the founding member and signing party for this convention.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (New York, 10 December 1984)

(Signatories: 83; Parties: 164)

  • UNCAT is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. It is effective from 26 June 1987.
  • The Convention requires states to take effective measures to prevent torture in any territory under their jurisdiction, and forbids states to transport people to any country where there is reason to believe they will be tortured.
  • 26 June is now recognized as the International Day in Support of Victims of Torture, in honor of the Convention.
  • India signed the convention on 14 October 1997.

International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (New York, 18 December 1990)

(As of October 2018, 54 Countries have ratified the Convention; India is not)

  • The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is a United Nations multilateral treaty governing the protection of migrant workers and families.
  • Itentered into force on 1 July 2003 after the threshold of 20 ratifying States was reached in March 2003. The Committee on Migrant Workers (CMW) monitors implementation of the convention, and is one of the seven UN-linked human rights treaty bodies.
  • It emphasizes the connection between migration and human rights, which is increasingly becoming a crucial policy topic worldwide.
  • The primary objective of the Convention is to foster respect for migrants' human rights.

Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (New York, 25 May 2000)

(Signatories: 130; Parties: 168)

  • OPAC, also known as ‘the Child Soldier Treaty’, is a multilateral treaty whereby states agree to-
    • prohibit the conscription into the military of children under the age of 18;
    • ensure that military recruits are no younger than 16; and
    • prevent recruits aged 16 or 17 from taking a direct part in hostilities.
  • The treaty also forbids non-state armed groups from recruiting anyone under the age of 18 for any purpose.
  • On 21 February 2018 a meeting was held at the UN to mark the treaty's 18th anniversary.
  • According to Child Soldiers International, the UK deployed 22 armed forces personnel aged under 18 to Iraq and Afghanistan between 2003 and 2010. The Committee on the Rights of the Child has urged the UK to alter its policy so as to ensure that children cannot take part in hostilities under any circumstances.
  • India signed the convention on 15 Nov, 2004 and ratified on 30 Nov, 2005.

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (New York, 25 May 2000)

(Signatories: 121; Parties: 175)

  • This is a protocol to the Convention on the Rights of the Child and requires parties to prohibit the sale of children, child prostitution and child pornography.
  • Theprotocol is intended to achieve the purposes of certain articles in the Convention on the Rights of the Child, where the rights are defined with the provision that parties should take "appropriate measures" to protect them.
  • Article 1 of the protocol requires parties to protect the rights and interests of child victims of trafficking, child prostitution and child pornography, child labour and especially the worst forms of child labour.
  • India signed the protocol on 15 Nov, 2004 and ratified on 16 Aug, 2005.

The Protocol requires parties to prohibit the sale of children, child prostitution and child pornography. Article 2 defines the prohibition:

  • Sale of children – Any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration.
  • Child prostitution – Use of a child in sexual activities for remuneration or any other form of consideration.
  • Child pornography – Any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.

The Convention generally defines a child as any human being under the age of 18, unless an earlier age of majority is recognized by a country's law.