Human Rights Assignment

Name: Mane Sagar Bholaji

Class: MSc(CA)
Roll No: 582

Q1. write a report on Human Right for HIV victums. The points to be
considered are their current status, awareness of their rights, government’s
role etc.

Answer :- Human Immunodeficiency Virus/ Acquired Immune Deficiency

Syndrome is a serious disease discovered in 1981. As of date, no definite cure has
been found. However, efforts are on to invent a cure for this disease. According to
UN the diseases affect more than 60 million people. In this around, and 50% of
people affected by the disease have lost their lives, around 36 million people in the
world are living suffering from HIV/AIDS. The disease normally contracted
through unsafe sexual relations and other means such as unsafe blood transfusion
etc. Taking into consideration of the magnitude of the disease and its effect on the
human rights of these people, a number of human rights organisations started their
work in this area since 1981.

Human Rights Violations Faced by HIV/AIDS People:

People living with HIV/AIDS face a number of serious violations in the free
exercise of their human rights. Among the various rights, a few are stated below.

● Denial of Health Care and Treatment

● Denial of and/or Removal from Employment

● Lack of Access to Information

● Lack of Access to Legal Remedies

● Lack of Strong Support System including family, spouses, friends and

relatives.
Discrimination against those children whose parents are suffering from the above
disease in various matters including education Denial of number of services in the
society etc.

Government role:

In India the first case of HIV/AIDS victim was found in 1986. According to
Family Health Survey III, 2006, of the Government of India, around two to three
million people are affected by the disease . In the national average, people living in
the urban areas are more in number suffering with the disease compared to that of
rural population. The Government of India even before the increase of the patients
suffering from this chronic disease as a preventive care, in the year 1987 launched
the National AIDS Control Programme. Accordingly the objectives of the
programme are:

● Covered Surveillance

● Blood Screening

● Health Education

However, considering the increase in the rate of infection among the populace of
the country, in 1992 National AIDS Control Organisation. The aims of the
organisation are to oversee the formulation of policies by various states and the
Government of India, Prevention work and control programme in combating the
HIV/AIDS. Apart from the organisation, the National Institute of Health and
Family Welfare has also been entrusted to evolve suitable policy formulations at
regular intervals to tackle the dreaded disease.

Q2. Write a short note on United Nations Children's Fund.

Answer :- UNICEF is the driving force that helps build a world where the rights
of every child are realized. The Agency has the global authority to influence
decision-makers, and the variety of partners at grassroots level to turn the most
innovative ideas into reality. That makes UNICEF unique among world
organizations, and unique among those working with the young.
UNICEF believes that nurturing and caring for children are the cornerstones of
human progress. UNICEF was created with this purpose in mind – to work with
others to overcome the obstacles that poverty, violence, disease and discrimination
place in a child’s path. The agency believes that together, we can advance the
cause of humanity.

UNICEF advocates for measures to give children the best start in life, because
proper care at the youngest age forms the strongest foundation for a person’s
future.

UNICEF promotes girls’ education – ensuring that they complete primary

education as a minimum – because it benefits all children, both girls and boys.
Girls who are educated grow up to become better thinkers, better citizens, and
better parents to their own children.

Q3. Explain your thoughts, why Human Rights Education should be taught in
India.
Answer:- Schooling provides not only basic education but also, under the best
circumstances, aids a child to explore the world and express ideas. The school can
help establish an intellectual basis for teaching the historical development of
human rights and their contemporary significance. This knowledge should
ultimately extend beyond the pupils' immediate environment and culture. Human
rights should be presented in the context of a society's moral and social traditions.
The school is not just for transmitting a national ideology and a common historical
memory through the curriculum. On a deeper level, like the political nation, the
school forms a constructed place in which students, like citizens, are treated
equally, irrespective of their background. The concept of the school is like the
"concept of citizenship, impersonal and formal. By understanding the idea of
school as a community, citizens will learn to understand and feel included in the
political nation" (Osler and Starkey 1996). The school is a model of good society
as John Dewey (1909) suggested. Schools are places where it is theoretically
possible to operate a community based on social justice and human rights.
The climate of a school should encourage open expression of views and dialogue
between students and teachers. The school can work toward building a closer
relationship between itself and the community. Human rights should permeate the
whole school--from its ethos and organization to the content of its curriculum.

Q4. Explain the concept of Duty. How it is different form Rights. Explain the
different types of duties.
Answer:-
Concept of duty:
As discussed above, normally, duty is linked with `obligation'. The concept of duty
arises from fulfillment of a requirement. Duties arise in several ways and means,
such as moral duties, legal duties, parental duties, societal duties, and civil duties
etc. However, from the point of view of law, duties arise from legal norms or
requirements. They have to be discharged, the way it was prescribed. Accordingly,
the actions constitute as right or wrong basing on the discharge of duty.
The different types of duties:
(A) Natural and Acquired Duties
(B) Positive and Negative Duties
(C) Perfect and Imperfect
(D) Prima facie and all things considered duties.

(A) Natural and Acquired Duties:

Natural duties bind all of us without any specification by any institution or body.
Each one of us discharge these duties voluntarily. For example: not to harm others,
not to tell lies, not to misuse the freedoms, duty to respect others, not to injure the
innocent, not to beat children, to uphold truth and justice, etc. Acquired duties are
duties undertaken by individuals by virtue of something they have done, or as a
particular relationship, which they might have with others. This means, certain
duties are legal, and need to perform the acquired obligations basing on one's
willingness. If refused to perform after consented to discharge, it attracts legal
consequences.
(B) Positive and Negative Duties:
According to another legal jurist John Rawls, positive duties require us to do good.
On the other hand, negative duties impose restrictions on doing bad or refraining
from acting. Helping the poor may be a positive duty, which may not have any
obligation. However, not to tell lies or not to harm others is a negative duty, which
imposes an obligation.

(C) Perfect and Imperfect:

Perfect and Imperfect duties appear similar to that of the positive and negative
duties. According to Prof Immanuel Kant, a German philosopher, they are not
similar. Perfect duties expect individuals to discharge the incurred obligations as
per the goal that is set at all times without any deviation. Imperfect duties have no
rigidity. Imperfect duties are duties that are never completed in its true spirit. The
performance of these duties depends on circumstances. According to Kant, it is
difficult to cultivate one's own talent is an example for imperfect duty.

(D) Prima facie and all things considered duties:

According to W. D. Ross, people mostly discharge their duties to live up to their
promises as a goodwill. This means, many a times people perform their duties
basing on the advantages and disadvantages. This being the primary concept of
duty, Ross calls individuals to be rational in discharging their duties in a proper
manner without harming the interests of others. Human Rights have the above duty
perceptions in its philosophy. To eradicate the present day maladies, and to
improve the moral and ethical standards among individuals as beneficiaries and
defenders of human rights, we have to discharge the duties advocated by human
rights sincerely.

Q5. Explain any one Right in detail. For example right to work or right to
education. What does it mean, how it benefits, why it is important etc.
Answer:-
Equality :
Equality is another important component of human rights. From ancient to modern
times, people are fighting to achieve this in terms of its practical application to
each situation. In general, equality proposes to bring all the people into one
category, and apply the principles of law, and justice without any distinction,
whatsoever it may be among the individuals. Equality is a relative concept which
may be distinguished basing on a number of factors, and the enjoyment of rights on
an equal footing. The aim of the Universal Declaration of Human Rights and the
Constitutions of the various countries including India are to treat all the people on
an equal footing without any kind of discrimination. This may be referred to
formal equality, wherein in the eyes of law all are equal. Although, all people are
numerically considered as equal in the eyes of law, in providing the amenities or
distribution of resources, all may not be considered or treated as equal in reality.
This is because of the socio, economic, political and cultural conditions that prevail
in each society. In order to uplift the people who are not equal on any ground
specified above, they need to be given certain concessions and facilities to improve
their status and to reach the equal status with that of others who are on a high
pedestal.
To achieve the rigour of equality and to fill the gap especially on socio-economic,
and cultural grounds, the principles of international law of human rights provides
for the necessary concessions to be extended, to people at the national level by
states. This will result in to achieve the status of equality of all in the eye of law.
Once they achieve the equal status in all respects, the concessions extended to
specific group of people to uplift their status, may be withdrawn by the state.
Benefits are as follows:
● Increased human resources spur economic growth
● More resources reach children
● Decision-making is more reflective of collective interests
● Family planning improves quality of life