P: ISSN No. 2321-290X RNI No.  UPBIL/2013/55327 VOL.- X , ISSUE- VI February  - 2023
E: ISSN No. 2349-980X Shrinkhla Ek Shodhparak Vaicharik Patrika
Protection Of Basic Human Rights And Challenges
Paper Id :  17143   Submission Date :  2023-02-12   Acceptance Date :  2023-02-21   Publication Date :  2023-02-23
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Mohan Lal Goswami
Assistant Professor
Political Science
Government Girls College, Hanumangarh
Hanumangarh Junction, Rajasthan, India
Abstract
A human rights activist can be anyone, regardless of occupation; they are defined mostly by what they were doing rather than by their job. Specialist human rights workers, attorneys working with human rights issues, journalists or media professionals, trade unionists, or development workers are all examples of human rights defenders.Other human rights activists.do not profit from their efforts to promote human rights. Human rights defenders operate mostly at the national or regional level, promoting the protection of human rights inside their communities around the globe. Some also strive to engage the global community on humanitarian issues, campaigning at the General Assembly, regional organizations including the European Union and the Council of The EuropeanUnion, and in state capitals.The right to be a civil rights defender assures that they may carry out their job freely and, if necessary, under the protection of national law. It encompasses working on all human rights, as well as the technique of advocacy, whether it is through peaceful demonstrations or social media, founding humanitarian organizations, working on legal issues, and any other non-violent ways.
Keywords Human Rights, Activists, Protection, Organization, Non- government organization, Humanitarian, Issues.
Introduction
Individuals who campaign for something like the preservation of their rights, as well as the rights of others, are referred to as human rights activists. This is frequently accomplished by banding together with other like-minded individuals as part of a campaign to ‘contribute. (Gerber, Kraft and Bosshard, 2019)' this article describes the findings of broader research that looked at the elements that affect and drive human rights campaigners. As a result, international humanitarian law must safeguard and promotion of the rights enshrined within those conventions and agreements. Civil society activists play an important role in assuring states by publicizing human rights violations and conducting awareness-raising in the community. It is an opportune moment to start investigating human rights activists, as concerns are raised regarding governments' willingness to preserve and support human rights standards any news source will tell you that human rights violations happen virtually every day all around the world. Human rights legislation, according to Hathaway, "stands out with a field of international legislation in which governments have little motivation to enforce non-compliance. Human rights accords intrude on essential areas of national sovereignty." As a result, non-governmental organizations (NGOs) have moved into this arena to play an important role in strengthening international human rights treaties and publicizing serious human rights breaches. (Ahmed, 2021)
Objective of study
The research aimed to fulfill the following objectives: 1. To explain exactly are human rights? 2. List India's Human Rights and India's legal system 3. To study Human Rights Defenders' Protection Guidelines 4. To study general principles for the protection of defenders of human rights 5. Describe what are non-governmental organizations (NGOs)? And Human rights non-governmental organizations (NGOs) come in a variety of shapes and sizes and what effect do they have on the process? 6. To study Housing Rights and Evictions Center 7. This system works and how been managed by the organization
Review of Literature

What exactly are human rights?
To live with integrity, we individuals are entitled to some fundamental rights and liberties. These are not provided by any state, but are inherent in all of us, regardless of nationality, gender, national or ethnic origin, race, religion, language, or any other status. Life, liberty, equality, and dignity are all recognized as human rights by the Un Human Rights Council. (Zellweger, 2021)

Main Text

The UN Convention on Rights, approved by the General Assembly Of The united in 1948, was the very first legal instrument to outline the fundamental freedoms that should be guaranteed to all people. Also after seventy years, it remains the bedrock of all worldwide human rights legislation. (Sury, 2019)

India's Human Rights 

The majority of the rights specified in the UDHR are incorporated into the Indian Constitution in two parts: the Fundamental Rights and the Directive Principles.

Fundamental Right: Articles 12-35 of the Indian Constitution provide the rights to equality, freedom, and protection from exploitation, religious freedom, cultural and educational rights, the preservation of certain laws, and the rights to constitutional remedies. (Ahmed, 2020)

Articles 36-51 of the Indian Constitution grant the Right to Social Security, the Right to Work, the Right to Free Choice of Recruitment, and Safeguards Against Unemployment, the Right to Receive Pay for Equal Work, the Right to Authenticity Worthy Human Dignity, the Right to Free and Mandated by law Education, the Right to Equal Justice and Service charge Legal Aid, and the Deserve Equal Justice and Fee Legal Aides well as the policy guidelines to be implemented by the state. (Bunch, 1990)

India's legal system

The Protection of Human Rights Legislation of 1993 (as modified in 2019) called for the establishment of a National Commission On Human rights at the Centre to direct State Human Rights Commissions and Human Rights Courts for improved protection of Rights and matters linked or incidental thereto. (Jones, 1999)

Human Rights Defenders' Protection Guidelines

The capacity to protect human rights is a universally recognized right: It stems from equality under the law, which is indivisible, interdependent, and interconnected, and to which Commission participating Nations have committed to respecting, protecting, and fulfilling for everybody on their territory and subordinate to their jurisdiction. (Donnelly, 1982)

What exactly is a rights defender?

Human rights defenders worked at local, national, regional, and international levels individually or in collaboration with others to advocate and strive for the preservation and implementation of human rights and basic freedoms. They acknowledge the full range of human values for everyone, without a difference, and they protect human rights using peaceful methods. (Declaration on Human Rights, 1987)

Human rights activists play a significant role in modern democracies: The active participation of individuals, groups, organizations, and institutions is required to ensure continued progress toward the realization of universal human rights. Civil society, among other things, works with nations to guarantee that human rights, basic freedoms, democracy, and the rule of law are fully respected. As a result, human rights advocates play essential and legitimate roles in democratic countries. (I Book Review: The Idea of Human Rights, Human Rights as Indivisible Rights, 2010)State authorities must protect the freedom of dissident voices to be voiced peacefully in democratic countries, and they must publicly recognize the vital and legitimate influence of human rights protection.

The need for human rights advocates to be protected: Human rights defenders endure unique dangers and are frequently the focus of terrible abuses as little more than a result of their work. As a result, they require targeted and strengthened protection at the local, national, and international levels. (Gomez, 1995) Certain categories of human rights defenders face increased dangers because of the nature of their job, the topics they are concentrating on, the context wherein they perform, their geographical location, or because they belong to or are connected with a certain group.

The essence of governmental obligations: States bear the main responsibility for the safety of human rights advocates. States include both pro and con duties in terms of human rights defenders' rights. Following their international obligations – which require them to respect, protect, and fulfill basic rights – they must: a) desist from any activities that infringe the right of human rights activists as a result of their efforts on behalf of human rights; safeguard human rights defenders against abuse by third parties as a result of their work. (Teaching Human Rights Online, 2004) human rights work, and to do so with appropriate attention; and Take proactive strategies to strengthen the full fulfillment of human rights, defenders, especially their right to advocate for human rights.

A secure and conducive environment for human rights work: Effective safeguarding of the dignity, bodily and psychological integrity, liberty, and security of individuals Human rights defenders are required before the right to defend may be realized. Human rights are important. Furthermore, a secure and conducive environment necessitates the fulfillment of several other essential human rights. (Stamatopoulou, 2012) carry out human rights activists, including the freedom of speech and expression and opinion,  peaceful organization and association, the ability to engage in government issues, free movement of people, the right to privacy, and unrestricted access to information as well as communication with international entities, both international and regional Mechanisms for human rights.

General principles for the protection of defenders of human rights

Recognition of the international component of human rights protection defenders: Commitments made in the sphere of the human factor are important. All OSCE member states have a direct and justifiable interest in these issues. (Weston, 1984)While the primary duty for the safety of human rights activists rests with Violations of human rights defenders' rights is not merely an issue of official policy. As a result, nations should understand the need of defending human rights activists both on their territory and in other countries. As a result, they should establish proper instruments and systems to protect human rights activists both at home and abroad. (Guinn, 2016)

Responsibilities of non-state actors: Although states have a responsibility to safeguard human rights activists from abuses associated with anti-actors, those can play an essential role in the fulfillment of human rights defenders' rights. (Verstappen, 1988) Non-state organizations should respect and acknowledge the responsibilities of human rights activists and conduct their actions following international human rights principles. The Participating States should make them responsible if they fail to follow domestic legal processes and norms.

Equality as well as non-discrimination: As a result of their efforts, human rights defenders must not face discrimination in exercising their entire range of human rights. (Teaching Human Rights Online, 2004) The right to defend basic rights must be ensured without discrimination, and efforts to safeguard human rights defenders must take into account the unique requirements of defenders who face different types of discrimination. To increase the preservation of human rights activists, a gender and diversity-sensitive strategy should be included in all actions. (Teaching Human Rights Online, 2003)

Domestic legal, administrative, and institutional frameworks must contribute to the creation and consolidation of a secure and enabling environment in which human rights activists are protected, supported, and enabled to perform their legitimate actions. Domestic legislation, regulations, policies, and practices must be following regional commitment and international humanitarian norms. (Beer and Weeramantry, 1979) They must be specific enough to establish legal clarity and prohibit them from being applied arbitrarily. The essential value of fairness and proper legal procedure must be guaranteed by the institutional structure. The legality, necessity, and reasonableness of limits imposed on fundamental human rights in association with human rights: Universal declaration of human rights only permit limitations on specific rights if they have a formal legal basis and therefore are essential in a democratic country in the involvement from one of the given a prescription grounds. They must also be reasonable and consistent with other core human rights values, such as the prevention of discrimination. (Boister, 2002)

What are non-governmental organizations (NGOs)?

The phrase non-governmental and non-profit is commonly used to refer to the various organizations that comprise civil society. In general, such organizations are distinguished by the fact that they operate for reasons other than financial gain. (Volcansek and Lockhart, 2012)However, this leaves a vast number of reasons for being as well as a diverse range of businesses and activities. NGOs vary from tiny pressure organizations on specific environmental issues or human rights violations to academic charities, women's refugees, and cultural organizations. Religious organizations, legal foundations, humanitarian aid programmers – and the list could go on – all the way up to massive multinational associations with hundreds and even thousands of branches or members throughout the world. (Breting-Garcia, 2017)

In this part, we will take a quick look at the important role that any such organizations have played, and continue to play, in the defense of human rights across the world. NGOs play a critical role in practically every level of the many endeavors to protect the dignity of individual citizens when it is endangered by the authority of the state: fighting specific human rights violations either straightforwardly or by supporting specific 'test cases' thru all the relevant courts providing direct support and those whose rights are being violated lobbying for modifications to national, regional, or international law assisting in the development of the actual content of those laws promoting public awareness of, and reverence for, human rights. (Chapman and Carbonetti, 2011)

The participation of NGOs is significant not only in terms of the achievements accomplished, and therefore the hope that the people might feel about the global defense of human rights, but mostly because NGOs are, in such a specific sense, instruments that can be utilized by individuals and organizations all over the globe. They are administered and coordinated by private persons, as are many organizations. (The AINU and Human Rights: Domestic and International Legal Protections, 2001)They take a big portion of their strength, though, from those other people in the community who volunteer to help them. This fact provides them considerable relevance for all who want to contribute to the progress of human rights across the world. (Snyder and Maslow, 2018)

Human rights non-governmental organizations (NGOs) come in a variety of shapes and sizes.

The 1993 United Nations World Congress on Human Rights, abbreviated as the Vienna Conference, was attended by 841 non-governmental organizations (NGOs) from across the world, all of whom defined themselves as working with such a human rights mission. Despite being a remarkable amount in and of it, this represented just a minuscule proportion of the overall variety of human rights NGOs functioning across the world. (Daly, Privacy, Marchesi and terVrugt, 2021)

Most self-proclaimed "human rights organizations" work to preserve civil and political rights. Human Rights Watch, Human Rights Organizations, the International Organization for Civil Rights, Human Rights First, and Nitrites are among the most well-known organizations on a global scale. Nevertheless, as we've seen, political rights are only one of the many varieties of human recognition given by the world community, and rights and protections are still emerging today. (Manley, 2010)When we consider NGOs working in poverty eradication, violence, racism, health issues, homelessness, and environmental issues, to mention a few, the true number of NGOs involved in humanitarian law, in one form or another, ranges into hundreds and thousands worldwide. (Penovic, 2005)

What effect do they have on the process?

NGOs may attempt to engage in human rights protection at various levels and stages, and also the strategies they employ will differ depending on the nature of their objectives – their selectivity or generalization; their long-term or brief essence; their local, national, regional, or worldwide scope, and so on.

a. Personal help

It is very usual for non-governmental organizations (NGOs) focusing on economic and social rights to provide some type of direct support to persons who have all been victims of violations of human rights. Humanitarian help, protection, and training to learn new skills are examples of such services. (Szmukler and Bach, 2015)Alternatively, when the right is legally protected, they may involve legal representation or guidance on how to make claims.

However, in many circumstances, direct aid to a victim of a violation or perhaps a human rights advocate is either impossible or not the greatest use of an organization's resources. In such circumstances, and this is likely to be the majority of the cases, NGOs must adopt a longer-term approach and consider other methods of either rectifying the breach or preventing such occurrences in the future. (Çalı and Demir-Gürsel, 2021)

b. Gathering the correct information

If there is a core approach underlying the many types of NGO activity, it may be the notion of striving to "show up" to those perpetrators of injustice. Governments are frequently able to avoid their duties under international treaties or other human rights norms. that they have agreed to since the general public is unaware of the consequences of their policies Collecting relevant information and applying it to enhance transparency in governments' human rights records is critical in keeping them accountable, and it is commonly utilized by NGOs.They try to exert pressure on politicians or governments by finding and publicizing a problem that appeals to people's feelings of injustice.(Hurst, JD, 2010)

Human Rights groups as well as the International Committee of the Red Cross are two well-known examples of organizations that are well-known for their accurate monitoring and reporting. Both of these organizations have the power not just in the eyes of the general public, but also in the United Nations,  where their findings are considered as part of the formal purpose of measuring governments that have accepted to be bound by international treaty obligations.

c. Political campaigning and lobbying

It may be entertaining to write to leaders of authoritarian or repressive countries, to have a dictator as a pen pal, and to be a full annoyance to him because of sending him these letters.International actors regularly engage in campaigns and advocacy to effect policy change. (Cassola, Raub and Heymann, 2015)

Again, there are different forms, as well as an NGO will strive to have the most effective one based on its aims, the nature of its target, and, of necessity, its resource availability. The following are some common practices shown in table 1:-




The following are some common practices:-

· Human Rights groups and other non-governmental organizations have employed letter-writing campaigns with remarkable success.

 

·   People and organizations from all around the world "bombard" government leaders with letters from their members.

 

· When organizations wish to engage the public's support or bring something to the public's attention to 'publicly shame' a government, public actions or demos, with the coverage in the media that this general garner, may be employed.

 

· journalists will typically play a major role in lobbying activities, with computers and the internet playing a growing role.

· Shadow reports are presented to United Nations human rights monitoring agencies to provide an NGO viewpoint on the actual situation surrounding the realization of human rights in a certain nation.

 

As in the scenario below, the mere prospect of revealing something to public attention may be enough to modify a policy or practice. Previously mobilized by cassettes, posters, and faxes, this is now organized through email marketing campaigns including petitions, internet sites, blogs, and electronic social networks. (Lilienthal and Ahmad, 2015)

In general, the more support a campaign receives from the general public or other prominent players, the more probable it is that its goals will be met. Even though they do not always employ this assistance directly, NGOs can guarantee that that message is heard by implying that a big public movement might be mobilized against even a government or several governments.The Civil Rights Movement Successfulness Tracking and Understanding in table2:-

Time period

Percentage

1976

56.2%

1984

65.3%

1996

61.5%

d. Education and knowledge of human rights

Several human rights NGOs incorporate some form of public education or educational activity as part of this effort. Recognizing that the majority of their financing comes from the general people, non-governmental organizations (NGOs) will frequently attempt to increase public awareness of human rights concerns. (Stevens, 2001)A stronger understanding of these concerns and the techniques for defending them is likely to elicit higher respect, will raise the possibility of being able to rally support in specific cases of human rights breaches that assistance, or prospective support, and is at the heart of the NGO community's effectiveness in changing the humanitarian environment.

Housing Rights and Evictions Center

This human rights foundation was formed in 1994 to protect housing rights and prevent forced evictions across the world. COHRE interprets housingfollowing international human rights legislation to mean more than just a roof over one's head. According to COHRE, approximately half of the world’s largest population today does not have access to appropriate housing that is entitled to them because of international humanitarian law. (Stevens, 2001) COHRE and its global partners undertake research, advocacy, public education, training, and legal work to ensure the protection of appropriate housing rights concerning:

1. evictions by force

2. tenure security

3. get access to land

4. Sanitation and water

5. Housing rights for women

6. Litigation and legal representation

The effect of large-scale events on the universal declaration of human rightsThe Council of Europe's Advisory board of Civil And human rights (managing the Updated European Social Charter) discovered Europe to have violated the equal protection clause of its Roma population in a landmark judgment in Nov 2010, in COHRE v. Italy, leading to the collapse of Roma detention centers and the eviction and removing of Roma from Italy. These huge evictions of non-Italian Roma who've been EU nationals have grown. (Benson, 2007) Inequality and violation of Roma people's rights to sufficient housing; social, legal, and economical protection; security against deprivation; and the rights of migrating Roma households to protection and aid were all deemed to be violations. Italy's laws and practices, which result in segregated and woefully insufficient housing conditions for Roma inhabitants, were also criticized. (Liu, 2021)

Human rights advocates are increasingly facing threats, intimidation, assaults, criminal accusations, and limitations in many areas of the world. Both government and nonactors are attempting to alter the perspective of human rights activists from defenders of the people to the adversary of the state, and defenders' critical work is hampered by persistent and expanding limitations on basic freedoms and foreign financing. The Human Rights House Organization (HRHF) thinks that it is critical to change this narrative and promote knowledge and national enforcement of global norms that protect and assist human rights activists. (RICHARD and LA PIERRE, 2020) More work is needed on application and narrowing the gap between agreed-upon norms and ground realities. The background is that, while the situation for defenders has deteriorated, international norms have been tightened in recent years. Following a succession of landmark resolutions from 2013, the UN general assembly adopted, by the majority, a 2017 declaration aimed at recognizing the critical role and activity of human rights activists. These tendencies are, of course, linked: the more dangers and limits there are, the more the need for a reaction from either the international community, which will take the form of rules and principles to safeguard defenders.

Nonetheless, this has resulted in a scenario in which states are progressively adopting texts in supporting human rights activists throughout the world, but governments frequently restrict defenders' activity at home. This is an implementation difficulty - bringing internationally recognized home – that remains crucial to the effectiveness of Humanitarian Houses.(Moiré, 2012)The 2017 resolution sets the stage for praising human rights activists, but it also provides a chance to reflect on the safeguards granted to human rights activists and to enhance their implementation in each as well as every country. Human rights advocates and civic society must seize this chance with both hands. 

Methodology
This article opens with a description of how humanitarian activism is a developing subject of study within the literature on citizenship education. This one is followed by the discussion of theoretical frameworks from larger various philosophical kinds of literature to examine the elements that inspire and drive young person human rights advocates. A development organization and existing international human rights organization Human rights activistsare engaged people who work on human rights violations on a local, national, and worldwide level by lobbying lawmakers, organizing petitions and rallies, and conducting educational campaigns. Human rights activists are so justice-oriented people because they confront injustice via knowledge of social movements and aim to examine and reform the existing social and political systems that generate issues. Can be contrasted with the personally accountable citizen who does charitable activities on an individual basis.
Conclusion
The importance of belonging to a group was recognized by human rights advocates throughout the studies, as it provided them with shared social and geographical places, connection to sociocultural activities, and comparable value systems. We can observe that joining something like a group makes it simpler for activists to engage in topics such as human and civil rights than acting alone. However, for some activists, the idea of belonging to a community of like-minded individuals working for the same cause is a tremendous motivator. In conclusion, the study found that education about, through, or for human rights did not persuade these individuals to become human rights advocates. The reality that now the right to protect human rights is necessary for the realization of all the other rights narrows the range of permitted constraints even more. The bar for any such limits to fulfill the norms of setting out a number can be deemed exceptionally high. If validated by more research, these findings might have consequences for human rights education.
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