essay on state human rights commission

State Human Rights Commission, Meaning, Function, Power & Achievement

State Human Rights Commission is charged with the protection of Human Rights. Read all about State Human Rights Commission, Meaning, Function, Power & Achievement for UPSC Exam.

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State Human Rights Commission

A statutory body created under the Protection of Human Rights Act of 1993 is the State Human Rights Commission. Only those topics covered under the State List (List-II) and the Concurrent List (List-III) of the Constitution’s Seventh Schedule are subject to investigation by a State Human Rights Commission. In light of this, the State Human Rights Commissions have been established by 26 states via Official Gazette Notifications.

The State Human Rights Commission is an important part of Indian Polity which an important subject in UPSC Syllabus . Students can also go for UPSC Mock Test to get more accuracy in their preparations.

State Human Rights Commission Meaning

The Protection of Human Rights Act of 1993, which also gave rise to the National Human Rights Commission, established the State Human Rights Commission at the state level. The SHRC is tasked with both defending human rights and investigating cases of human rights violations, however it is only permitted to address issues that are covered by List II of the State List and List III of the Concurrent List.

The subjects of the SHRC must be those that are listed in the Indian Constitution’s Seventh Schedule. If necessary, the respective State Governments are given the authority to establish a Human Rights Commission for their own state.

State Human Rights Commission Members

The State Human Rights Commission, or SHRC, is made up of two commissioners and a chairperson. The Governor appoints the members of the State Human Rights Commission. However, the President alone has the power to remove them. The State Human Rights Commission’s chairperson and members are appointed for terms of three years or until they turn 70.

The Tamil Nadu government has enhanced the SHRC Chairperson’s and members’ salaries and allowances by approximately 177%. The members would now receive about Rs 2.25 lakh as opposed to Rs 80,000 per month, while the Chairperson will now earn Rs 2.5 lakh instead of Rs 90,000.

State Human Rights Commission Qualifications

The retired Chief Justice or judge of the High Court must be the SHRC chairman to be eligible. The members will also only be qualified if they have at least seven years of District Judge experience and have served or retired as a High Court Judge or a District Judge.

Additionally, the candidates should have some background in or awareness of human rights. The SHRC chairman and members’ terms in office are for three years or until they turn 70, whichever comes first. Only on the basis of proposals given by a particular Committee of Chief Ministers (chairman of the committee) and the Speaker of the Legislative Assembly is the Governor authorized to designate the Chairman and members of the State Human Rights Commission.

Despite the Chairman and members of the State Human Rights Commission being appointed by the Governor, only the President of India has the authority to terminate their terms.

State Human Rights Commission Functions

The State Human Rights Commission must carry out a number of additional duties in order to accomplish its primary goal, which is to protect human rights. Its duties include investigating any human rights violations in the state in question and taking steps to prevent them from occurring in the case of public employees, arbitrating any ongoing legal disputes involving claims of human rights violations at any given time in the state, and evaluating the living conditions of prisoners and those who have spent time in other detention facilities.

The SHRC promotes increased study and advancement of the field of human rights. The SHRC assesses the issues affecting people’s life and depriving them of their fundamental human rights, and then suggests remedies. It aims to increase people’s understanding of human rights generally and inform them of the different measures they can take to prevent their protection from being violated.

State Human Rights Commission Power

The State Human Rights Commission has full authority to oversee the entire procedure on its own. It conducts judicial procedures in the same manner as a court and has a full range of authority comparable to a civil court. The SHRC has the jurisdiction to request information about the case from the state governor or any other authority, as well as to demand payment of damages to the victim.

If a direction or order is needed, it may also contact the Supreme Court or the State High Court. Despite all the authority granted to the State Human Rights Commission, it is only required to act in relation to a case within a year of its occurrence; otherwise, it ceases to fall under its jurisdiction. 26 states have established State Human Rights Commissions in their various states as of this writing, and they are successfully working to uphold human rights in those states.

State Human Rights Commission Achievements

In order to defend and advance human rights in various states, India formed State Human Rights Commissions (SHRCs). 15 members of the Irula tribe who were harassed by the Villupuram police have been awarded compensation totaling Rs. 75 lakhs by the Tamil Nadu State Human Rights Commission.

In order to inform individuals about their rights and the value of respecting others’ rights, SHRCs have run a number of awareness initiatives. Victims of human rights violations who could not afford legal representation have received assistance from SHRCs. The bogus encounters that took place in the city were brought before the Assam SHRC on its own initiative.

State Human Rights Commission Limitation

The SHRC merely has a narrow scope of authority and can only look into cases of human rights abuses in India. The SHRC is dependent on the government to put its recommendations into action because it lacks enforcement authority. The SHRC lacks the jurisdiction to take legal action against private individuals who violate human rights. Little of the State Human Rights Commission’s cases involving the military forces fall under its purview.

State Human Rights Commission UPSC

The State Human Rights Commission has made it very apparent that it is eager to work with all facets of society to protect human rights. More people trust this Commission to defend their human rights. Even though the SHRCs have been around for 25 years, many concerns concerning how they work and how effective they are still go unanswered. The credibility and reputation of the panel are at stake. The Commission’s authority and jurisdiction must urgently be increased. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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State Human Rights Commission FAQs

Who is the chairman of state human rights commission.

Arun Kumar Mishra is the chairman of State Human Rights Commission.

What is the work of the State Human Rights Commission?

Functions of the States Human Rights Commission is to investigate any breach of human rights or failure to prevent such violations by a public servant, either on its own initiative or in response to a petition or a court order.

How many total state human rights commissions are in India?

Currently there are eighteen State human rights commissions in India.

Who appoints the state Human Rights Commission?

The Chairperson and Members shall be appointed by the Governor by warrant under his hand and seal.

What is the State Human Rights Commission in India?

A State Human Rights Commission can prosecute human rights violations in matters covered by the Indian constitution's seventh schedule's state list and concurrent list.

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Essay on Human Rights: Samples in 500 and 1500

• Updated on  
• Jun 20, 2024

Essay writing is an integral part of the school curriculum and various academic and competitive exams like IELTS , TOEFL , SAT , UPSC , etc. It is designed to test your command of the English language and how well you can gather your thoughts and present them in a structure with a flow. To master your ability to write an essay, you must read as much as possible and practise on any given topic. This blog brings you a detailed guide on how to write an essay on Human Rights , with useful essay samples on Human rights.

This Blog Includes:

The basic human rights, 200 words essay on human rights, 500 words essay on human rights, 500+ words essay on human rights in india, 1500 words essay on human rights, importance of human rights, essay on human rights pdf, what are human rights.

Human rights mark everyone as free and equal, irrespective of age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the Second World War. On the 10th of December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Its adoption led to the recognition of human rights as the foundation for freedom, justice and peace for every individual. Although it’s not legally binding, most nations have incorporated these human rights into their constitutions and domestic legal frameworks. Human rights safeguard us from discrimination and guarantee that our most basic needs are protected.

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Before we move on to the essays on human rights, let’s check out the basics of what they are.

Also Read: What are Human Rights?

Also Read: 7 Impactful Human Rights Movies Everyone Must Watch!

Here is a 200-word short sample essay on basic Human Rights.

Human rights are a set of rights given to every human being regardless of their gender, caste, creed, religion, nation, location or economic status. These are said to be moral principles that illustrate certain standards of human behaviour. Protected by law , these rights are applicable everywhere and at any time. Basic human rights include the right to life, right to a fair trial, right to remedy by a competent tribunal, right to liberty and personal security, right to own property, right to education, right of peaceful assembly and association, right to marriage and family, right to nationality and freedom to change it, freedom of speech, freedom from discrimination, freedom from slavery, freedom of thought, conscience and religion, freedom of movement, right of opinion and information, right to adequate living standard and freedom from interference with privacy, family, home and correspondence.

Also Read: Law Courses

Check out this 500-word long essay on Human Rights.

Every person has dignity and value. One of the ways that we recognise the fundamental worth of every person is by acknowledging and respecting their human rights. Human rights are a set of principles concerned with equality and fairness. They recognise our freedom to make choices about our lives and develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as the basic rights that people worldwide have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the right to health, education and an adequate standard of living. These human rights are the same for all people everywhere – men and women, young and old, rich and poor, regardless of our background, where we live, what we think or believe. This basic property is what makes human rights’ universal’.

Human rights connect us all through a shared set of rights and responsibilities. People’s ability to enjoy their human rights depends on other people respecting those rights. This means that human rights involve responsibility and duties towards other people and the community. Individuals have a responsibility to ensure that they exercise their rights with consideration for the rights of others. For example, when someone uses their right to freedom of speech, they should do so without interfering with someone else’s right to privacy.

Governments have a particular responsibility to ensure that people can enjoy their rights. They must establish and maintain laws and services that enable people to enjoy a life in which their rights are respected and protected. For example, the right to education says that everyone is entitled to a good education. Therefore, governments must provide good quality education facilities and services to their people. If the government fails to respect or protect their basic human rights, people can take it into account.

Values of tolerance, equality and respect can help reduce friction within society. Putting human rights ideas into practice can help us create the kind of society we want to live in. There has been tremendous growth in how we think about and apply human rights ideas in recent decades. This growth has had many positive results – knowledge about human rights can empower individuals and offer solutions for specific problems.

Human rights are an important part of how people interact with others at all levels of society – in the family, the community, school, workplace, politics and international relations. Therefore, people everywhere must strive to understand what human rights are. When people better understand human rights, it is easier for them to promote justice and the well-being of society. 

Also Read: Important Articles in Indian Constitution

Here is a human rights essay focused on India.

All human beings are born free and equal in dignity and rights. It has been rightly proclaimed in the American Declaration of Independence that “all men are created equal, that they are endowed by their Created with certain unalienable rights….” Similarly, the Indian Constitution has ensured and enshrined Fundamental rights for all citizens irrespective of caste, creed, religion, colour, sex or nationality. These basic rights, commonly known as human rights, are recognised the world over as basic rights with which every individual is born.

In recognition of human rights, “The Universal Declaration of Human Rights was made on the 10th of December, 1948. This declaration is the basic instrument of human rights. Even though this declaration has no legal bindings and authority, it forms the basis of all laws on human rights. The necessity of formulating laws to protect human rights is now being felt all over the world. According to social thinkers, the issue of human rights became very important after World War II concluded. It is important for social stability both at the national and international levels. Wherever there is a breach of human rights, there is conflict at one level or the other.

Given the increasing importance of the subject, it becomes necessary that educational institutions recognise the subject of human rights as an independent discipline. The course contents and curriculum of the discipline of human rights may vary according to the nature and circumstances of a particular institution. Still, generally, it should include the rights of a child, rights of minorities, rights of the needy and the disabled, right to live, convention on women, trafficking of women and children for sexual exploitation etc.

Since the formation of the United Nations , the promotion and protection of human rights have been its main focus. The United Nations has created a wide range of mechanisms for monitoring human rights violations. The conventional mechanisms include treaties and organisations, U.N. special reporters, representatives and experts and working groups. Asian countries like China argue in favour of collective rights. According to Chinese thinkers, European countries lay stress upon individual rights and values while Asian countries esteem collective rights and obligations to the family and society as a whole.

With the freedom movement the world over after World War II, the end of colonisation also ended the policy of apartheid and thereby the most aggressive violation of human rights. With the spread of education, women are asserting their rights. Women’s movements play an important role in spreading the message of human rights. They are fighting for their rights and supporting the struggle for human rights of other weaker and deprived sections like bonded labour, child labour, landless labour, unemployed persons, Dalits and elderly people.

Unfortunately, violation of human rights continues in most parts of the world. Ethnic cleansing and genocide can still be seen in several parts of the world. Large sections of the world population are deprived of the necessities of life i.e. food, shelter and security of life. Right to minimum basic needs viz. Work, health care, education and shelter are denied to them. These deprivations amount to the negation of the Universal Declaration of Human Rights.

Also Read: Human Rights Courses

Check out this detailed 1500-word essay on human rights.

The human right to live and exist, the right to equality, including equality before the law, non-discrimination on the grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, the right to freedom of speech and expression, assembly, association, movement, residence, the right to practice any profession or occupation, the right against exploitation, prohibiting all forms of forced labour, child labour and trafficking in human beings, the right to freedom of conscience, practice and propagation of religion and the right to legal remedies for enforcement of the above are basic human rights. These rights and freedoms are the very foundations of democracy.

Obviously, in a democracy, the people enjoy the maximum number of freedoms and rights. Besides these are political rights, which include the right to contest an election and vote freely for a candidate of one’s choice. Human rights are a benchmark of a developed and civilised society. But rights cannot exist in a vacuum. They have their corresponding duties. Rights and duties are the two aspects of the same coin.

Liberty never means license. Rights presuppose the rule of law, where everyone in the society follows a code of conduct and behaviour for the good of all. It is the sense of duty and tolerance that gives meaning to rights. Rights have their basis in the ‘live and let live’ principle. For example, my right to speech and expression involves my duty to allow others to enjoy the same freedom of speech and expression. Rights and duties are inextricably interlinked and interdependent. A perfect balance is to be maintained between the two. Whenever there is an imbalance, there is chaos.

A sense of tolerance, propriety and adjustment is a must to enjoy rights and freedom. Human life sans basic freedom and rights is meaningless. Freedom is the most precious possession without which life would become intolerable, a mere abject and slavish existence. In this context, Milton’s famous and oft-quoted lines from his Paradise Lost come to mind: “To reign is worth ambition though in hell/Better to reign in hell, than serve in heaven.”

However, liberty cannot survive without its corresponding obligations and duties. An individual is a part of society in which he enjoys certain rights and freedom only because of the fulfilment of certain duties and obligations towards others. Thus, freedom is based on mutual respect’s rights. A fine balance must be maintained between the two, or there will be anarchy and bloodshed. Therefore, human rights can best be preserved and protected in a society steeped in morality, discipline and social order.

Violation of human rights is most common in totalitarian and despotic states. In the theocratic states, there is much persecution, and violation in the name of religion and the minorities suffer the most. Even in democracies, there is widespread violation and infringement of human rights and freedom. The women, children and the weaker sections of society are victims of these transgressions and violence.

The U.N. Commission on Human Rights’ main concern is to protect and promote human rights and freedom in the world’s nations. In its various sessions held from time to time in Geneva, it adopts various measures to encourage worldwide observations of these basic human rights and freedom. It calls on its member states to furnish information regarding measures that comply with the Universal Declaration of Human Rights whenever there is a complaint of a violation of these rights. In addition, it reviews human rights situations in various countries and initiates remedial measures when required.

The U.N. Commission was much concerned and dismayed at the apartheid being practised in South Africa till recently. The Secretary-General then declared, “The United Nations cannot tolerate apartheid. It is a legalised system of racial discrimination, violating the most basic human rights in South Africa. It contradicts the letter and spirit of the United Nations Charter. That is why over the last forty years, my predecessors and I have urged the Government of South Africa to dismantle it.”

Now, although apartheid is no longer practised in that country, other forms of apartheid are being blatantly practised worldwide. For example, sex apartheid is most rampant. Women are subject to abuse and exploitation. They are not treated equally and get less pay than their male counterparts for the same jobs. In employment, promotions, possession of property etc., they are most discriminated against. Similarly, the rights of children are not observed properly. They are forced to work hard in very dangerous situations, sexually assaulted and exploited, sold and bonded for labour.

The Commission found that religious persecution, torture, summary executions without judicial trials, intolerance, slavery-like practices, kidnapping, political disappearance, etc., are being practised even in the so-called advanced countries and societies. The continued acts of extreme violence, terrorism and extremism in various parts of the world like Pakistan, India, Iraq, Afghanistan, Israel, Somalia, Algeria, Lebanon, Chile, China, and Myanmar, etc., by the governments, terrorists, religious fundamentalists, and mafia outfits, etc., is a matter of grave concern for the entire human race.

Violation of freedom and rights by terrorist groups backed by states is one of the most difficult problems society faces. For example, Pakistan has been openly collaborating with various terrorist groups, indulging in extreme violence in India and other countries. In this regard the U.N. Human Rights Commission in Geneva adopted a significant resolution, which was co-sponsored by India, focusing on gross violation of human rights perpetrated by state-backed terrorist groups.

The resolution expressed its solidarity with the victims of terrorism and proposed that a U.N. Fund for victims of terrorism be established soon. The Indian delegation recalled that according to the Vienna Declaration, terrorism is nothing but the destruction of human rights. It shows total disregard for the lives of innocent men, women and children. The delegation further argued that terrorism cannot be treated as a mere crime because it is systematic and widespread in its killing of civilians.

Violation of human rights, whether by states, terrorists, separatist groups, armed fundamentalists or extremists, is condemnable. Regardless of the motivation, such acts should be condemned categorically in all forms and manifestations, wherever and by whomever they are committed, as acts of aggression aimed at destroying human rights, fundamental freedom and democracy. The Indian delegation also underlined concerns about the growing connection between terrorist groups and the consequent commission of serious crimes. These include rape, torture, arson, looting, murder, kidnappings, blasts, and extortion, etc.

Violation of human rights and freedom gives rise to alienation, dissatisfaction, frustration and acts of terrorism. Governments run by ambitious and self-seeking people often use repressive measures and find violence and terror an effective means of control. However, state terrorism, violence, and human freedom transgressions are very dangerous strategies. This has been the background of all revolutions in the world. Whenever there is systematic and widespread state persecution and violation of human rights, rebellion and revolution have taken place. The French, American, Russian and Chinese Revolutions are glowing examples of human history.

The first war of India’s Independence in 1857 resulted from long and systematic oppression of the Indian masses. The rapidly increasing discontent, frustration and alienation with British rule gave rise to strong national feelings and demand for political privileges and rights. Ultimately the Indian people, under the leadership of Mahatma Gandhi, made the British leave India, setting the country free and independent.

Human rights and freedom ought to be preserved at all costs. Their curtailment degrades human life. The political needs of a country may reshape Human rights, but they should not be completely distorted. Tyranny, regimentation, etc., are inimical of humanity and should be resisted effectively and united. The sanctity of human values, freedom and rights must be preserved and protected. Human Rights Commissions should be established in all countries to take care of human freedom and rights. In cases of violation of human rights, affected individuals should be properly compensated, and it should be ensured that these do not take place in future.

These commissions can become effective instruments in percolating the sensitivity to human rights down to the lowest levels of governments and administrations. The formation of the National Human Rights Commission in October 1993 in India is commendable and should be followed by other countries.

Also Read: Law Courses in India

Human rights are of utmost importance to seek basic equality and human dignity. Human rights ensure that the basic needs of every human are met. They protect vulnerable groups from discrimination and abuse, allow people to stand up for themselves, and follow any religion without fear and give them the freedom to express their thoughts freely. In addition, they grant people access to basic education and equal work opportunities. Thus implementing these rights is crucial to ensure freedom, peace and safety.

Human Rights Day is annually celebrated on the 10th of December.

Human Rights Day is celebrated to commemorate the Universal Declaration of Human Rights, adopted by the UNGA in 1948.

Some of the common Human Rights are the right to life and liberty, freedom of opinion and expression, freedom from slavery and torture and the right to work and education.

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We hope our sample essays on Human Rights have given you some great ideas. For more information on such interesting blogs, visit our essay writing page and follow Leverage Edu .

Sonal is a creative, enthusiastic writer and editor who has worked extensively for the Study Abroad domain. She splits her time between shooting fun insta reels and learning new tools for content marketing. If she is missing from her desk, you can find her with a group of people cracking silly jokes or petting neighbourhood dogs.

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State Human Rights Commission - Indian Polity Notes

Amruta Patil

Aug 9, 2024

IAS Exam Latest Updates

• 09 August, 2024 : UPSC Mains Schedule 2024 Out; Exam from September 20

State Human Rights Commission is a statutory body established under the Protection of Human Rights Act, 1993 . A State Human Rights Commission can only investigate violations of human rights in subjects included in the State List (List-II) and the Concurrent List (List-III) of the Constitution's Seventh Schedule. Accordingly, twenty six states have constituted the State Human Rights Commissions through Official Gazette Notifications.

This article explains about the State Human Rights Commission, Composition and Functions are useful for Prelims 2023 preparation and UPSC Mains 2023 as well.

Composition of the States Human Rights Commission

Functions of the States Human Rights Commission

The functions of the States Human Rights Commission are as follows:

• To investigate any breach of human rights or failure to prevent such violations by a public servant, either on its own initiative or in response to a petition or a court order.
• To intervene in any pending legal proceedings including allegations of human rights violations.
• Visit jails and detention centers to assess detainees' living conditions and make recommendations.
• Review and recommend steps for effective implementation of constitutional and other legal safeguards for the protection of human rights.
• Review the circumstances that obstruct the enjoyment of human rights, including acts of terrorism, and make recommendations for solutions.
• To conduct and encourage research on human rights issues.
• People's human rights literacy should be promoted, as well as awareness of the measures available to defend these rights.

Powers of the States Human Rights Commission

• The Commission has the authority to govern its own procedure. It has all of the functions of a civil court and conducts judicial proceedings.
• It may request information or a report from the state government or any other authority that has previously been subordinate.
• The Commission has no authority to investigate any matter after one year has passed after the alleged violation of human rights occurred.
• To put it another way, it can investigate a problem within a year of its occurrence.

The Commission may take any of the following steps during or upon the completion of an inquiry:

• It may suggest that the victim's compensation or damages be paid by the state government or authority.
• It may suggest to the state government or authority that criminal charges or other actions be brought against the state government.
• It may suggest to the state government or authority that the victim be granted prompt interim relief.
• It may seek direction, order, or writs from the Supreme Court or a state high court.
• The state government receives the Commission's annual or special reports. These reports are presented to the state legislature, together with a memorandum of action taken on the Commission's recommendations and the reasons for rejecting any of them.

Human Rights Courts

• The Protection of Human Rights Act (1993) also provides for the formation of Human Rights Courts in each district to expedite the prosecution of human rights violations.
• The state government may establish these courts only with the approval of the Chief Justice of the state's High Court.
• The state government selects a public prosecutor or an advocate (with seven years of experience) as a special public prosecutor for each Human Rights Court.

Achievements of SHRC

• The State Human Rights Commission of Tamil Nadu directed the state government to compensate Rs.75 lakhs to 15 Irula tribal members for the harassment by the Villupuram police.
• The Assam State Human Rights Commission has taken a suo moto case on the fake encounters in the state.
• The Karnataka State Human Rights Commission issued suo moto notices to the Commissioners of Labour and Social Welfare departments regarding the employment of child labor in railway stations .

Protection of Human Rights (Amendment) Act, 2019

• Protection of Human Rights (Amendment) Act established that, in addition to the Chief Justice of India, a person who has served as a Supreme Court judge is qualified to be chosen as Chairperson of the National Human Rights Commission.
• It expanded the number of members of the National Human Rights Commission (to be selected from among those with expertise or practical experience in human rights) from two to three, with at least one being a woman.
• The tenure of the chairperson of the National Human Rights Commission and the State Human Rights Commission was decreased from five to three years. It also qualified them for reappointment.
• It established that, in addition to the Chief Justice of a High Court, a person who has been a judge of a High Court is entitled to be selected as Chairperson of the State Human Rights Commission.
• It stated that, with the exception of the union territory of Delhi, the central government may delegate to state human rights commissions the tasks pertaining to human rights now performed by union territories.
• It said that the National Human Rights Commission 's Secretary-General shall exercise all administrative and financial powers (excluding judicial responsibilities and the capacity to adopt rules), subject to the chairperson's oversight.
• It stated that the Secretary of the State Human Rights Commission would have all administrative and financial powers of the Commission, subject to the chairperson's authority.

The State Human Rights Commission has clearly demonstrated its willingness to assist all sections of society in the safeguarding of human rights. People are putting increasing faith in this Commission to protect their human rights. Despite the fact that the SHRCs has been in existence for 25 years, many questions about their operation and usefulness remain unanswered. The commission's reputation and legitimacy are on the line. There is a pressing need for the Commission's jurisdiction and power to be expanded.

Question: What are the functions of the state human rights commission?

The States Human Rights Commission's Roles:

Question: Who appoints the chairman of the state human rights commission?

The Chairperson and members of the State Human Rights Commission are appointed by the Governor, on the recommendation of a committee consisting of the Chief Minister (Chairperson), the Home Minister, the Leader of the Opposition in the legislative assembly.

Question: Who determines the salary of the Chairman of the State Human Rights Commission?

The state government determines the chairperson's or member's salary, allowances, and other working conditions of the State Human Rights Commission. After his appointment, however, they cannot be changed to his detriment.

Question: What is the National Human rights commission?

The National Human Rights Commission, or NHRC, is an independent body of the Government of India tasked with promoting and defending human rights. It is a statutory body listed in the Indian Constitution and constituted in 1993 under the 'Protection of Human Rights Act.

Question: What is the tenure of the members of the State human rights commission?

The chairman and members are chosen for three years or until the age of 70, whichever comes first.

Question: What is the Protection of Human Rights (Amendment) Act 2019?

The Protection of Human Rights (Amendment) Act stated that, in addition to the Chief Justice of India, a Supreme Court judge may be appointed as Chairperson of the National Human Rights Commission. It increased the number of members of the National Human Rights Commission (chosen among people with competence or practical experience in human rights) from two to three, with at least one woman.

Question: What is the strength of the State Human Rights Commission?

Answer: (a) See the Explanation

• The State Human Rights Commission is made up of three members: a chairperson and two members.
• Therefore, option (a) is the correct answer.

Question: What is the tenure of the Chairman of the State Human Rights Commission?

(a) 3 years or 70 years of age.

(b) 5 years

(c) 5 years or 70 years of age

(d) None of the above

• The chairperson and members of the State Human Rights Commission are elected for a three-year term or until they reach the age of 70, whichever comes first.

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"Why Human Rights?": Reflection by Eleni Christou

This post is the first installment from UChicago Law's International Human Rights Law Clinic in a series titled — The Matter of Human Rights. In this 16-part series, law students examine, question and reflect on the historical, ideological, and normative roots of the human rights system, how the system has evolved, its present challenges and future possibilities. Eleni Christou is a third year in the Law School at the University of Chicago.

Why Human Rights?

By: Eleni Christou University of Chicago Law School Class of 2019

When the term “human rights” is used, it conjures up, for some, powerful images of the righteous fight for the inalienable rights that people have just by virtue of being human. It is Martin Luther King Jr. before the Washington monument as hundreds of thousands gather and look on; it is Nelson Mandela’s long walk to freedom; or a 16-year-old Malala telling her story, so others like her may be heard. But what is beyond these archetypes? Does the system work? Can we make it work better? Is it even the right system for our times? In other words, why human rights?

Human rights are rights that every person has from the moment they are born to the moment they die. They are things that everyone is entitled to, such as life, liberty, freedom of expression, and the right to education, just by virtue of being human. People can never lose these rights on the basis of age, sex, nationality, race, or disability. Human rights offer us a principled framework, rooted in normative values meant for all nations and legal orders. In a world order in which states/governments set the rules, the human rights regime is the counterweight, one concerned with and focused on the individual. In other words, we need human rights because it provides us a way of evaluating and challenging national laws and practices as to the treatment of individuals.

The foundational human right text for our modern-day system is the  Universal Declaration of Human Rights . Adopted by the United Nations General Assembly in December, 1948, this document lays out 30 articles which define the rights each human is entitled to. These rights are designed to protect core human values and prohibit institutions and practices that are contrary to the enjoyment of the rights. Rights often complement each other, and at times, can be combined to form new rights. For example, humans have a right to liberty, and also a right to be free from slavery, two rights which complement and reinforce each other. Other times, rights can be in tension, like when a person’s right to freedom of expression infringes upon another’s right to freedom from discrimination.

In this post, I’ll provide an example of how the human rights system has been used to do important work. The international communities’ work to develop the law and organize around human rights principles to challenge and sanction the apartheid regime in South Africa provides a valuable illustration of how the human rights system can be used successfully to alleviate state human rights violations that previously would have been written off as a domestic matter.

From 1948 to 1994, South Africa had a system of racial segregation called ‘ apartheid ,’ literally meaning ‘separateness.’ The minority white population was committing blatant human rights violations to maintain their control over the majority black population, and smaller multiethnic and South Asian communities. This system of apartheid was codified in laws at every level of the country, restricting where non-whites could live, work, and simply be. Non-whites were stripped of  voting rights ,  evicted from their homes  and forced into segregated neighborhoods, and not allowed to travel out of these neighborhoods without  passes . Interracial marriage was forbidden, and transport and civil facilities were all segregated, leading to extremely inferior services for the majority of South Africans. The horrific conditions imposed on non-whites led to  internal resistance movements , which the white ruling class responded to with  extreme violence , leaving thousands dead or imprisoned by the government.

While certain global leaders expressed concern about the Apartheid regime in South Africa, at first, most (including the newly-formed UN) considered it a domestic affair. However, that view changed in 1960 following the  Sharpeville Massacre , where 69 protesters of the travel pass requirement were murdered by South African police. In 1963, the United Nations Security Council passed  Resolution 181 , which called for a voluntary arms embargo against South Africa, which was later made mandatory. The Security Council condemned South Africa’s apartheid regime and encouraged states not to “indirectly [provide] encouragement . . . [of] South Africa to perpetuate, by force, its policy of apartheid,” by participating in the embargo. During this time, many countries, including the United States, ended their arms trade with South Africa. Additionally, the UN urged an oil embargo, and eventually  suspended South Africa  from the General Assembly in 1974.

In 1973, the UN General Assembly passed the  International Convention on the Suppression and Punishment of the Crime of Apartheid , and it came into force in 1976. This convention made apartheid a crime against humanity. It expanded the prohibition of apartheid and similar policies outside of the South African context, and laid the groundwork for international actions to be taken against any state that engaged in these policies. This also served to further legitimize the international response to South Africa’s apartheid regime.

As the state-sanctioned violence in South Africa intensified, and the global community came to understand the human rights violation being carried out on a massive scale, countries worked domestically to place trade sanctions on South Africa, and many divestment movements gained popular support. International sports teams refused to play in South Africa and cut ties with their sports federations, and many actors engaged in cultural boycotts. These domestic actions worked in tandem with the actions taken by the United Nations, mirroring the increasingly widespread ideology that human rights violations are a global issue that transcend national boundaries, but are an international concern of all peoples.

After years of domestic and international pressure, South African leadership released the resistance leader Nelson Mandela in 1990 and began negotiations for the dismantling of apartheid. In 1994, South Africa’s apartheid officially ended with the first general elections. With universal suffrage, Nelson Mandela was elected president.

In a  speech to the UN General Assembly , newly elected Nelson Mandela recognized the role that the UN and individual countries played in the ending of apartheid, noting these interventions were a success story of the human rights system. The human rights values embodied in the UDHR, the ICSPCA, and numerous UN Security Council resolutions, provided an external normative and legal framework by which the global community could identify unlawful state action and hold South Africa accountable for its system of apartheid. The international pressure applied via the human rights system has been considered a major contributing factor to the end of apartheid. While the country has not fully recovered from the trauma that decades of the apartheid regime had left on its people, the end of the apartheid formal legal system has allowed the country to begin to heal and move towards a government that works for all people, one that has openly embraced international human rights law and principles in its constitutional and legislative framework.

This is what a human rights system can do. When state governments and legal orders fail to protect people within their control, the international system can challenge the national order and demand it uphold a basic standard of good governance. Since the adoption of the Universal Declaration of Human Rights, the human rights system has grown, tackled new challenges, developed institutions for review and enforcement, and built a significant body of law. Numerous tools have been established to help states, groups, and individuals defend and protect human rights.

So why human rights? Because the human rights system has been a powerful force for good in this world, often the only recourse for marginalized and minority populations. We, as the global community, should work to identify shortcomings in the system, and work together to improve and fix them. We should not —  as the US has been doing under the current administration  — selectively withdraw, defund, and disparage one of the only tools available to the world’s most vulnerable peoples. The human rights system is an arena, a language, and a source of power to many around the world fighting for a worthwhile future built on our shared human values.

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Indian Polity

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National Human Rights Commission (NHRC)

• 23 Apr 2019
• 12 min read
• GS Paper - 2
• Statutory Bodies

Last Updated: July 2022

To deny people their human rights is to challenge their very humanity.                                                      — Nelson Mandela

What is NHRC?

• NHRC of India is an independent statutory body established on 12 October, 1993 as per provisions of Protection of Human Rights Act, 1993, later amended in 2006.
• NHRC has celebrated its Silver Jubilee (25 years) on October 12, 2018. Its headquarter is located in New Delhi.
• It is the watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and enforceable by courts in India.
• It was established in conformity with the Paris Principles, adopted for the promotion and protection of human rights in Paris (October, 1991) and endorsed by the General Assembly of the United Nations on 20 December, 1993.

What are Human Rights?

• As per UN definition these rights are inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
• Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.
• These are entitled to everyone, without any discrimination.

What led to the Formation of NHRC?

• It is a milestone declaration in the history of human rights which sets out, for the first time, fundamental human rights to be universally protected.
• Human Rights Day is observed every year on 10 December, which is the anniversary of the UDHR. In 2018, Human Rights Day marked the 70th anniversary the declaration.
• These principles became the foundation for the establishment and operation of national human rights institutions.
• In pursuant to these principles, India has enacted the Protection of Human Rights Act, 1993, with a view to bring about greater accountability and strengthening of the human rights in the country.
• This act also authorized State Governments to establish State Human Right Commission.

What is the Human Rights Council?

• The Human Rights Council is an inter-governmental body created by the United Nations General Assembly resolution on 15 March 2006.
• It has replaced the former United Nations Commission on Human Rights.
• It is responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them.
• It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. It meets at the UN Office at Geneva.
• The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly.

What is the Composition of NHRC?

• A person who has been the Chief Justice of India or a judge of the Supreme Court can become a chairman.
• Appointment : The chairman and members are appointed by the President on the recommendations of a six-member committee consisting of the Prime Minister as its head, the Speaker of the Lok Sabha , the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Union Home Minister.
• The President can remove the chairman or any member from the office under some circumstances.
• Removal : They can be removed only on the charges of proved misbehavior or incapacity, if proved by an inquiry conducted by a Supreme Court Judge.
• Divisions : Commission also has five Specialized Divisions i.e. Law Division, Investigation Division, Policy Research & Programmes Division, Training Division and Administration Division.

What is the State Human Rights Commision?

• The chairman and the members of State Commission are appointed by the Governor in consultation with the Chief Minister, State Home Minister, Speaker of Legislative Assembly and Leader of the Opposition in the State Legislative Assembly.
• The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever comes first.
• Although the chairperson and members of a State Human Rights Commission are appointed by the governor they can only be removed by the President .

What is the Role and Key Functions of NHRC?

• NHRC investigates grievances regarding the violation of human rights either suo moto or after receiving a petition .
• It has the power to interfere in any judicial proceedings involving any allegation of violation of human rights.
• It is empowered to utilise the services of any officer or investigation agency of the Central government or any state government for the purpose of investigating complaints of human rights violation.
• It can look into a matter within one year of its occurrence , i.e the Commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.
• The functions of the commission are mainly recommendatory in nature .
• It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim.
• It has limited role, powers and jurisdiction with respect to the violation of human rights by the members of the armed forces. It is not empowered to act when human rights violations through private parties take place.
• It can visit any jail or any other institution under the control of the State Government to see the living conditions of the inmates and to make recommendations thereon.
• It can review the safeguards provided under the constitution or any law for the protection of the human rights and can recommend appropriate remedial measures.
• NHRC undertakes and promotes research in the field of human rights.
• NHRC works to spread human rights literacy among various sections of society and promotes awareness of the safeguards available for the protection of these rights through publications, media, seminars and other means.
• The Commission shall submit an annual report to the Central Government and to the State Government concerned.
• The Central Government and the State Government, as the case may be, shall cause the annual reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, alongwith a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.

What are the Limitations of NHRC?

• NHRC does not have any mechanism of investigation. In majority cases, it asks the concerned Central and State Governments to investigate the cases of the violation of Human Rights
• It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India) due to its incapacity to render any practical relief to the aggrieved party.
• NHRC can only make recommendations, without the power to enforce decisions.
• Many times NHRC is viewed as post-retirement destinations for judges and bureaucrats with political affiliation moreover, inadequacy of funds also hamper its working.
• A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered after one year of incident.
• Government often out rightly rejects recommendation of NHRC or there is partial compliance to these recommendations.
• State human rights commissions cannot call for information from the national government, which means that they are implicitly denied the power to investigate armed forces under national control.
• National Human Rights Commission powers related to violations of human rights by the armed forces have been largely restricted.

What Reforms can be made to make NHRC more Effective?

• There is need for complete revamping of NHRC to make it more effective and truly a watchdog of human right violations in the country.
• NHRC efficacy can be enhanced by government if commission decisions are made enforceable.
• There is need to change in composition of commission by including members from civil society and activists.
• NHRC needs to develop an independent cadre of staff with appropriate experience.
• Many laws in India are very old and archaic in nature by amending which government can bring more transparency in regulations.
• To improve and strengthen the human rights situation in India, state and non state actors need to work in tandem.

An Introduction to Human Rights

Human rights are a set of principles concerned with equality and fairness.

They are not a recent invention - ideas about rights and responsibilities have been an important part of all societies throughout history. Since the end of World War II, there has been a united effort by the nations of the world to decide what rights belong to all people and how they can best be promoted and protected.

What are Human Rights?

Every person has dignity and value . One of the ways that we recognise the fundamental worth of every person is by acknowledging and respecting their human rights.

Human rights are a set of principles concerned with equality and fairness . They recognise our freedom to make choices about our lives and to develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as a number of basic rights that people from around the world have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the rights to health, education and an adequate standard of living.

These human rights are the same for all people everywhere – men and women, young and old, rich and poor, regardless of our background, where we live, what we think or what we believe. This is what makes human rights ‘ universa l’.

Who has a responsibility to protect human rights?

Human rights connect us to each other through a shared set of rights and responsibilities .

A person’s ability to enjoy their human rights depends on other people respecting those rights. This means that human rights involve responsibility and duties towards other people and the community. Individuals have a responsibility to ensure that they exercise their rights with consideration for the rights of others. For example, when someone uses their right to freedom of speech, they should do so without interfering with someone else’s right to privacy.

Governments have a particular responsibility to ensure that people are able to enjoy their rights. They are required to establish and maintain laws and services that enable people to enjoy a life in which their rights are respected and protected.

For example, the right to education says that everyone is entitled to a good education. This means that governments have an obligation to provide good quality education facilities and services to their people. Whether or not governments actually do this, it is generally accepted that this is the government's responsibility and people can call them to account if they fail to respect or protect their basic human rights.

What do human rights cover?

Human rights cover virtually every area of human activity.

They include civil and political rights , which refer to a person’s rights to take part in the civil and political life of their community without discrimination or oppression. These include rights and freedoms such as the right to vote, the right to privacy, freedom of speech and freedom from torture.

The right to vote and take part in choosing a government is a civil and political right.

They also include economic, social and cultural rights , which relate to a person’s rights to prosper and grow and to take part in social and cultural activities. This group includes rights such as the right to health, the right to education and the right to work.

The right to education is an example of an economic, social and cultural right.

One of the main differences between these two groups of rights is that, in the case of civil and political rights, governments must make sure that they, or any other group, are not denying people access to their rights, whereas in relation to economic, social and cultural rights, governments must take active steps to ensure rights are being fulfilled. 

As well as belonging to every individual, there are some rights that also belong to groups of people. This is often in recognition of the fact that these groups have been disadvantaged and marginalised throughout history and consequently need greater protection of their rights. These rights are called collective rights . For example, Aboriginal and Torres Strait Islander peoples possess collective rights to their ancestral lands, which are known as native title rights. 

Rights that can only apply to individuals, for example the right to a fair trial, are called individual rights .

Where do human rights come from?

The origins of human rights.

Human rights are not a recent invention. This page offers a brief human rights timeline .

Throughout history, concepts of ethical behaviour, justice and human dignity have been important in the development of human societies. These ideas can be traced back to the ancient civilisations of Babylon, China and India. They contributed to the laws of Greek and Roman society and are central to Buddhist, Christian, Confucian, Hindu, Islamic and Jewish teachings. Concepts of ethics, justice and dignity were also important in societies which have not left written records, but consist of oral histories such as those of Aboriginal and Torres Strait Islander people in Australia and other indigenous societies elsewhere. 

Ideas about justice were prominent in the thinking of philosophers in the Middle Ages, the Renaissance and the Enlightenment. An important strand in this thinking was that there was a 'natural law' that stood above the law of rulers. This meant that individuals had certain rights simply because they were human beings.

In 1215, the English barons forced the King of England to sign Magna Carta (which is Latin for ‘the Great Charter’). Magna Carta was the first document to place limits on the absolute power of the king and make him accountable to his subjects. It also laid out some basic rights for the protection of citizens, such as the right to a trial.

Significant development in thinking about human rights took place in the seventeenth and eighteenth centuries, during a time of revolution and emerging national identities. 

The American Declaration of Independence (1776) was based on the understanding that certain rights, such as ‘life, liberty and the pursuit of happiness', were fundamental to all people. Similarly, t he French Declaration of the Rights of Man and the Citizen (1789) challenged the authority of the aristocracy and recognised the ‘liberty, equality and fraternity' of individuals. These values were also echoed in the United States’ Bill of Rights (1791), which recognised freedom of speech, religion and the press, as well as the right to ‘peaceable' assembly, private property and a fair trial.

The development of modern human rights

The nineteenth and early twentieth centuries saw continuing advances in social progress, for example, in the abolition of slavery, the widespread provision of education and the extension of political rights. Despite these advances, international activity on human rights remained weak. The general attitude was that nations could do what they liked within their borders and that other countries and the broader international community had no basis for intervening or even raising concerns when rights were violated. 

This is expressed in the term ‘ state sovereignty ’, which refers to the idea that whoever has the political authority within a country has the power to rule and pass laws over that territory. Importantly, countries agree to mutually recognise this sovereignty. In doing so, they agree to refrain from interfering in the internal or external affairs of other sovereign states. 

However, the atrocities and human rights violations that occurred during World War II galvanised worldwide opinion and made human rights a universal concern. 

Word War II onwards

During World War II millions of soldiers and civilians were killed or maimed. The Nazi regime in Germany created concentration camps for certain groups - including Jews, communists, homosexuals and political opponents. Some of these people were used as slave labour, others were exterminated in mass executions. The Japanese occupation of China and other Asian countries was marked by frequent and large-scale brutality toward local populations. Japanese forces took thousands of prisoners of war who were used as slave labour, with no medical treatment and inadequate food.

The promotion and protection of human rights became a fundamental objective of the Allied powers. In 1941, U.S. President Roosevelt proclaimed the ' Four Freedoms ' that people everywhere in the world ought to enjoy - freedom of speech and belief, and freedom from want and fear. 

The war ended in 1945, but only after the destruction of millions of lives, including through the first and only use of atomic weapons at Hiroshima and Nagasaki. Many countries were devastated by the war, and millions of people died or became homeless refugees. 

The United Nations

A new organisation, the United Nations , known as the UN, came into existence in 1945. A s the war drew to a close, the victorious powers decided to establish a world organisation that would prevent further conflict and help build a better world.

The UN was created to fulfil four key aims:

• to ensure peace and security
• to promote economic development
• t o promote the development of international law
• to ensure the observance of human rights.

In the UN Charter – the UN’s founding document – the countries of the United Nations stated that they were determined:

"to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small … and to promote social progress and better standards of life in larger freedom." 

The UN's strong emphasis on human rights made it different from previous international organisations. UN member countries believed that the protection of human rights would help ensure freedom, justice and peace for all in the future. 

Read more about the work of United Nations on The International Human Rights System page .

Why are human rights important?

Values of tolerance, equality and respect can help reduce friction within society. Putting human rights ideas into practice can helps us create the kind of society we want to live in. 

In recent decades, there has been a tremendous growth in how we think about and apply human rights ideas. This has had many positive results - knowledge about human rights can empower individuals and offer solutions for specific problems . 

Human rights are an important part of how people interact with others at all levels in society - in the family, the community, schools, the workplace, in politics and in international relations. It is vital therefore that people everywhere should strive to understand what human rights are. When people better understand human rights, it is easier for them to promote justice and the well-being of society. 

Can my human rights be taken away from me?

A person's human rights cannot be taken away. In its final Article, the Universal Declaration of Human Rights states that no State, group or person 

[has] any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. 

This doesn't mean that abuses and violations of human rights don't occur. On television and in newspapers every day we hear tragic stories of murder, violence, racism, hunger, unemployment, poverty, abuse, homelessness and discrimination. 

However, the Universal Declaration and other human rights treaties are more than just noble aspirations. They are essential legal principles. To meet their international human rights obligations, many nations have incorporated these principles into their own laws. This provides an opportunity for individuals to have a complaint settled by a court in their own country. 

Individuals from some countries may also be able to take a complaint of human rights violations to a United Nations committee of experts, which would then give its opinion. 

In addition, education about human rights is just as important as having laws to protect people. Long term progress can really only be made when people are aware of what human rights are and what standards exist.

Further reading

• Review the latest News from the Australian Human Rights Commission.
• Have Your Say on the current inquiries, projects and conversations about human rights in Australia.
• Face the Facts and learn about the Australian Human Rights Commission's key areas of work.
• Find out more about how the Australian Human Rights Commission was established.

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Didier Reynaert, Siebren Nachtergaele, Nadine De Stercke, Hildegard Gobeyn, Rudi Roose, Social Work as a Human Rights Profession: An Action Framework, The British Journal of Social Work , Volume 52, Issue 2, March 2022, Pages 928–945, https://doi.org/10.1093/bjsw/bcab083

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Human rights are foundational to social work, as recognised in the global definition, leading many to consider social work a human rights profession. Although human rights has become an important compass for social work, comprehensive frameworks for understanding the ‘practice’ of human rights in social work are still limited. Only recently attempts have been made to fill this gap. This article seeks to continue these efforts and contribute to a better understanding of how social work constructs, deconstructs and reconstructs ideas of human rights in daily practice. We investigated the following research question: ‘How do social workers “act” when using human rights as a framework for practice?’ We used a qualitative research design consisting of ethnographic research and focus groups, with both social workers and service-users participating. Based on our research, we developed five building blocks for an action framework for human rights in social work: (i) systemworld-oriented action; (ii) lifeworld-oriented action; (iii) participatory action; (iv) joined-up action and (v) politicised action. These building blocks give a comprehensive account for the discursive practice of human rights in social work.

Human rights are foundational to social work, as recognised in the global definition, leading many to consider social work a human rights profession ( Healy, 2008 ; Staub-Bernasconi, 2016 ; Mapp et al. , 2019 ). Staub-Bernasconi (2016) , together with Gatenio Gabel (2015) , among others, acknowledges the historical connection of social work with human rights. In recent years, the recognition of social work as a human rights profession gained renewed attention in social work scholarship. In his book ‘ Practicing rights. Human rights-based approaches to social work practice ’, Androff (2016) makes a comprehensive account of the state of human rights in social work. He shows how (inter)national social work organisations adopted human rights in their codes of ethics, how social work scholars increasingly published books and articles on human rights or how social work education developed a range of training materials and educational programmes on human rights. Based on his analysis, Androff concludes that ‘The growth of scholarship and education focused on human rights suggests that the field is turning towards human rights, rediscovering its rights-based roots. It is now undeniable that there is a consensus that human rights are important and relevant to social work.’ ( Androff, 2016 , p. 10). These observations are in line with conclusions of Cubillos-Vega (2017) , who conducted a study on the scientific output on human rights in social work based on articles published in international indexed journals between 2000 and 2015. She notes that in recent years, the academic output on social work and human rights gradually increased. However, Cubillos-Vega’s (2017) study also reveals that published articles were primarily of theoretical nature. From the fifty-seven articles analysed, hardly one-third (sixteen) were of an empirical type. This trend is striking, Cubillos-Vega argues, because of the nature of the discipline of social work, taking a position between theory and practice. Already in 2012, Ife came to a similar conclusion: ‘Much of the academic debate about human rights remains at the theoretical level; less has been written about the practice of human rights. … There is little articulation of what it means in practice for professionals to claim that their work is based on human rights, and so human rights remain a “nice idea” rather than a solid foundation for the development of practice theories and methodologies.’ ( Ife, 2012 , pp. 10–11). Despite the ground-breaking work of several pioneers in the domain of social work and human rights (e.g. Reichert, 2003 ; Wronka, 2008 ; Ife, 2009 , 2012 ; Lundy, 2011 ), the practice of human right still remains a black box. To date, social work scholarship insufficiently succeed to gain practical knowledge showing how social workers ‘act’ when using the framework of human rights. Together with Ife, we acknowledge the presumption that human rights in social work have a discursive character, as they need to be permanently constructed, deconstructed and reconstructed throughout social work practice. ‘Social workers need to see themselves as active participants in this discursive process, and indeed social work practice itself can be seen as part of the ongoing process of the reconstruction of human rights. It is partly through social work practice that human rights are operationalised, and hence defined.’ ( Ife, 2012 , p. 133). Social work should recognise its actorship or agency in constructing human rights and social work scholarship should conscientiously scrutinise this construction process of human rights through social work practice.

Recent launches in social work scholarship rose to this challenge. In 2015, the SpringerBriefs in Rights-Based Approaches to Social Work were launched. The series aims to develop a social work practice grounded in human rights by presenting and reflecting on new methods ( Gatenio Gabel, 2015 ). The Journal of Human Rights and Social Work, established in 2016, has similar aims. In the inaugural issue, the editors-in-chief state that the journal ‘offers the opportunity for educators, practitioners, administrators, and students in this and related disciplines to have a voice and to expand their knowledge base on issues within human rights practice, knowledge of human rights tools, and to develop skills practicing from a human rights perspective’ ( Gatenio Gabel and Mapp, 2016 , p. 1). Additionally, several social work scholars have been developing practice approaches for human rights in social work. Androff (2016 , 2018 ), for instance, seeks to integrate the five-principles framework of human rights (human dignity, non-discrimination, participation, transparency and accountability) into the social work arena. According to Androff, this framework can offer an integrative account across a wide range of social work practices (see also Mapp et al. , 2019 ). One step further is the proposal of McPherson ( McPherson, 2015a ; Mapp et al. , 2019 ; McPherson and Abell, 2020 ), which contains a comprehensive framework for human rights practice in social work (HRPSW). It comprises three pillars of practice: a human rights lens, human rights methods and human rights goals. McPherson (2015a ) explains that the HRPSW model can be useful for both social work practice and social work education. What these practice models demonstrate is the increased academic interest in practice approaches of human rights in social work ( McPherson, 2015b ).

In this article, we build upon these efforts and present an action framework for human rights in social work. Our action framework expands the above mentioned models in an important way. It provides an understanding of human rights in social work in the context of a different welfare regime. Both the studies of Androff and McPherson are USA based, thereby confirming Cubillos-Vega’s (2017) observation of an Anglo-Saxon hegemony in social work scholarship on human rights. However, different social welfare regimes show different traditions of social work ( Lorenz, 2001 , 2008 ), associated with different understandings of human rights ( Alseth, 2020 ). Our study was conducted in Belgium, which is generally conceived as a conservative welfare state, distinct from the liberal welfare regime of the USA. Conservative welfare regimes have a certain tradition with social rights in particular. Additionally, conservative welfare regimes are characterised by a welfare state architecture of corporatism, balancing civil society’s interest and state power ( Esping-Andersen 1990 ; Lorenz, 2001 ; Dean, 2002 ). It is within this corporatist structure that human rights take shape with social workers developing a human right-based practice.

Because of the open character of our research question (‘How does social workers act when using human rights as a framework for practice?’), we chose a qualitative research design ( Shaw and Holland, 2014 ; Carey, 2012 ), developed in two parts. The first part consists of ethnographic research; the second, of focus groups.

Ethnographic research

Ethnographic research allows one to understand complex practices in their ‘natural setting’ ( D’Cruz and Jones, 2004 ) by being ‘ involved in the ongoing, daily world of the people being studied’ ( Fielding, 2008 , p. 269). Being part of and participating in human-rights-based practices in social work allows the ethnographer to get to know the logic, dynamics and meanings behind these practices. For this study, collaboration was set up with one of the eight regional institutions for community development in Flanders, Belgium. These institutions are recognised and subsidised by the Flemish government through the 1991 Act on Community Development. The overall mission of the institutions for community development is to contribute to realising the right to a decent life for people living in vulnerable life conditions. The institutions for community development explicitly use human rights as a framework to realise their mission. In particular, they focus on social rights as they are recognised in the Belgian Constitution: the right to decent housing, the right to education, the right to social security, the right to health care, the right to work, the right to a healthy living environment and the right to cultural and social development. The participatory approach is typical for the work of the institutions for community development. They are not working just ‘for’, but above all ‘with’ people living in vulnerable life conditions. Therefore, the institutions for community development are an interesting case for investigating the meaning of social work as a human rights profession. Our research took place in the institution for community development in East Flanders, one of the five Flemish provinces in Belgium. In collaboration with the institution, we decided to select two human rights domains to study: housing and education. These domains could be considered as exemplary to study social work as a human rights profession.

Research methods used in ethnographic research can be very diverse. For this study, we used a documentary review, participant observation and conversation-style interviews with key informants ( D’Cruz and Jones, 2004 ). For the documentary review, we used documents produced by social workers who are active in the institution for community development. These documents gave us an insight into the work of the institution regarding the role of social work in ‘doing’ human rights. Policy notes, minutes of meetings, annual reports, etc. were all considered. Because in ethnographic research, it is important to understand the particular historical and socio-cultural context of the practices being researched ( Bryman, 2012 ), additional documents produced outside the institution for community development were selected. They were used to develop an environmental analysis in order to ‘capture’ the work of the institution in relation to the broader policy context (demographic data, a ‘map’ of the available welfare organisations, the history of particular neighbourhoods, etc.).

For the participant observation, the relevant activities to understand the work of the institution for community development were selected in mutual consultation with a ‘gatekeeper’ ( Fielding, 2008 ) of the institution. Gradually, the researcher also spontaneously took part in a variety of activities. Participation by the researcher was always overt (see Bryman, 2012 ). Field notes were kept during or directly after the participant observation. These field notes took the form of detailed descriptions of particular events and of people’s actions in these events, as well as the researcher’s initial reflections on these events. In total, participant observations took four months and more than 400 h. Time was divided equally between the domains of education and housing.

The third method we used was conversation-style interviews with key informants. In order to guarantee the validity of the observations, provisional ideas on the findings, striking observations or remaining questions were ‘shared with the member’s world’ ( Fielding, 2008 ) and checked. These ‘ethnographic interviews’ often took the form of ‘interviews on the spot’ and gave a deeper understanding of the practice being studied. For both education and housing, 26 people participated in an interview (total n  = 52). In the case of education, the group consisted of eight community development workers, twelve social workers from partner organisations (civil servants from the city, school social workers, school directors, social workers from the public centre for social welfare [PCSW], social workers from poverty-related organisations, etc.) and six service-users from the institution for community development. The service-users all had a background of living in poverty, and were selected as members of a parent group from a local school for primary education.

In the case of housing, the participants were six community development workers, eleven social workers from partner organisations (civil servants from the city, social workers from the social housing company, social workers from the PCSW, social workers from poverty-related organisations, etc.) and nine service-users. The service-users were selected based on their participation in the working group on housing that is organised by the institution for community development. This working group consists of people who all face problems with regard to housing. All interviews were audiotaped and transcribed. The researchers had no personal connection whatsoever with the institution for community development. The only professional link that the researchers had with the research context was expertise in the domain of community development and encounters with representatives of the institution in the context of education-related activities (e.g. internships).

Focus groups

In the second part of the study, focus groups were set up. While the general aim of a focus group is to discuss a specific topic ( Bryman, 2012 ), we had an additional 2-fold goal. First, we wanted to flesh out several issues that were not clear after the ethnographic research (deepening). Second, we wanted to explore whether the findings of our ethnographic research that took place in the context of community development were applicable in other domains of social work (broadening). We chose focus groups because they allow for creating rich data, enabling in-depth analysis. We selected people with a more expert profile in social work and human rights. The selection criteria used for participants were (i) being familiar with human rights in a social work context and (ii) having a generalist view on social work practice or policy. Participants from the focus group were senior staff members of various social work organisations, as well as lecturers and professors who teach social work at universities and universities of applied sciences in Flanders. Four focus groups of four to six people were organised (total n  = 18). In addition, seven in-depth interviews were organised with experts who, because of practical considerations, were not able to attend the focus groups. All the focus groups were led by two people: the researcher who conducted the ethnographic research and whose role it was to bring up the content for discussion and a supervisor who was the moderator of the focus group. Each focus group lasted approximately an hour and a half, and each was organised around three statements: (i) Participatory action, as a foundation of a human rights-based approach in social work, can also exclude people; (ii) a human rights-based approach in social work contributes to individualisation and responsibilisation and (iii) a human rights-based approach that starts from rules and laws (a top-down perspective) obstructs an approach that starts from the needs of people (a bottom-up perspective). The discussion in the focus groups was organised based on the five-stage model proposed by Cronin (2008) : (1) introduction; (2) opening; (3) introductory statement; (4) key questions and (5) ending questions. Both the focus group discussions and interviews were audiotaped and transcribed.

Ethics statement

The study was approved and funded by the Research Council of the HOGENT University of Applied Sciences and Arts. It was carried out in collaboration with Ghent University in compliance with the ethical standards of both the institutions. Informed consent was obtained from all of the participants after an extensive explanation of the research project.

Data analysis

For the data analysis, an inductive approach was chosen ( Hodkinsons, 2008 ). More specifically, a thematic analysis was done on the materials obtained from the ethnographic research. The analysis was executed in two steps by the two first authors. In the first step, both authors separately analysed the same six interviews (two community development workers, two social workers form partner organisations and two service-users) for each domain (education and housing). The analysis was based on the six-step model developed by Braun and Clarke (2006 ; see also Teater, 2017 ). Initial codes were assigned to the materials and afterwards they were grouped around several themes or ‘building blocks’. To answer the question of how social work acts when using human rights, we were looking for themes or building blocks that constitute a comprehensive action-framework for human rights in social work. We were particularly looking for different or even conflicting interpretations or constructions of human rights by social work, as these different interpretations could clearly demonstrate the action component of our framework. After individual analysis by the two authors, the results were pooled and discussed. This working method increases the inter-rater reliability among the researchers ( Oluwatayo, 2012 ). The result of this first step was a first draft of an action framework for human rights in social work. In the second step, the second author continued the analysis of the remaining interviews and also analysed the documentary review and the participant observations.

Although the analysis was primarily data-driven, we, as researchers with an interest in social work and human rights, could not disengage from our pre-existing knowledge. As Braun and Clarke explain, ‘data are not coded in an epistemological vacuum’ (2006 , p. 14). So the research context of community development coloured our data to a certain extent. As explained earlier, the community development organisations explicitly use human rights as a framework for their practice. In recent years, they acquired a great deal of expertise in the field of human rights, which has been reflected in numerous reports, memoranda and suchlike. Furthermore, as social work is a practice characterised by interconnectedness with local communities, working with vulnerable people, both at the micro-level of individual support and at the macro-level of structural change, it is no coincidence that related themes emerged from the data. Altogether, the first phase analysis yielded five themes or building blocks for an action framework for human rights in social work: (i) systemworld-oriented action, (ii) lifeworld-oriented action, (iii) participatory action, (iv) joined-up action and (v) politicised action. In the next step, these findings were presented to all the authors and discussed. This did not result in any adjustments at the level of themes, but it did result in some changes to the topics included under each building block. The remaining points of discussion and things that were unclear were taken to the focus groups. After the focus groups were held, the same procedure was followed: the four transcribed focus groups and seven additional interviews were analysed by the two first authors, and then discussed with all the authors, until consensus was reached. Again, this did not result in any adjustments at the level of the building blocks.

Based on our data, an action framework for human rights in social work was developed, consisting of five building blocks. In the next part of this article, we present these five building blocks.

Systemworld-oriented action

The right to social support would be meaningless without social services; the right to education would be meaningless without schools; the right to decent housing would be meaningless without houses and the right to health care would be meaningless without hospitals. All these systems—social services, schools, houses, health care, social security, etc.—are considered parts of the systemworld . The systemworld can be defined as all the institutionalised societal resources necessary for the realisation of human rights. Access to these systems is often difficult for people living in vulnerable life conditions. They frequently experience high thresholds.

The problem is that you have to be well informed and to know the right person.  … How many people know about the income guarantee for elderly people? A lot of people probably know about the premium for housing, but how many of them are actually applying for it? Definitely not that many, because it requires a lot of jargon that keeps people from applying . (a service-user)

It is a recurring complaint that social systems are inaccessible, because people who need care and support must deal with bureaucracy. The problem is not just the large number of forms that need to be filled in. Social workers also send people from pillar to post, so that ultimately people give up and do not apply for the support they are entitled to. In the end, social rights are often not realised.

We do not understand just how high the thresholds are for people who are already in a vulnerable position, who are living in difficult circumstances, and who are then confronted with a multitude of services that are not working in an integrated way, have cultural thresholds, etc. We have no idea what it means to live in poverty, how hard that is … so that support by social services and an emancipatory approach don’t mean anything. (a social worker, institution for community development)

An important topic related to creating accessible social institutions concerns the distinction between ‘universal’ and ‘selective’ social systems. Based on a human rights perspective, social workers often argue for universal social systems. However, some social workers point out the risks of this approach.

Human rights are of course for everyone. But I think that certain groups are more easily deprived of them. These are certainly socially vulnerable groups.  … Other groups have more power to make their voices heard. In any case, they also have easier access to certain rights. Education, for example, is more in line with middle-class culture. (a social worker, institution for community development)

Another social worker puts it even more bluntly:

That is actually a waste of time and resources if we focus on all citizens.  … In such an inclusive organisation, time and energy are not focused on the most vulnerable people. (a social worker, institution for community development)

To resolve the tension between a universal and a selective approach, some social workers argue for so-called progressive universalism. According to this line of thinking, social support should in principle be universal in orientation, and therefore should be addressed to everyone. However, these universal social systems should simultaneously develop ways of supporting people living in vulnerable life conditions who may fall through the cracks, by supplementing them with selective measures ‘within’ these universal systems. So a community centre can be open to everyone, but for people living in poverty, extra support should be provided ‘within’ this community centre to guarantee their participation.

We shouldn’t become the home of the poor either. We have to keep it a bit open without opening it up again to everyone, because then you know that the weakest people will fall out again. (a social worker, institution for community development)

Lifeworld-oriented action

Systemworld-oriented action has its counterpart in lifeworld-oriented action. Lifeworld-oriented action is about social workers making connections with the experiences from people’s everyday lifeworld. The focus is not so much on institutionalised resources, but rather on the practices that people themselves develop to cope with daily experiences of injustice and with violations of human rights.

Actually, being in the field, close to the people, makes you better able to understand the underlying causes … you can more easily contextualise situations. People don’t always say what they want to say or what they think. If you know the context, you can understand that people formulate things in a certain way but mean it differently. (a social worker, institution for community development)

People living in vulnerable life conditions often find that their living environments are insufficiently understood by social workers as well as others. At the same time, they experience difficulties in explaining their own situation to social work organisations.

A lifeworld orientation also requires that social workers facilitate the opportunities to connect different lifeworlds. Connecting lifeworlds can contribute to sharing diverse experiences and to creating connectedness.

One time there was a ‘week of empathisation’. This is good for involving citizens so they can also experience it that way. They cannot imagine what it is like.  … It is good to involve them, so they get a very different view of our problems, because those people don’t normally have to deal with these problems. They should do this a lot more, through a campaign set up by the working group on housing, so these people are motivated to join our conversations and to experience what is going on. (a service-user)

Social workers also point out several risks that might be associated with a lifeworld approach. Specifically, they warn against a narrowing view on social problems where not only are social problems observed in the lifeworlds of people, but also solutions for these social problems are sought within the same lifeworlds. However, problems that manifest in the lifeworlds of people often originate from external causes, such as the labour market, the housing market or the school system. Therefore, social workers should always try to link issues raised in the lifeworld with the way social systems are organised.

That double movement has to be part of our work. That is why we say that you should not see our work merely as directed downwards. You have to work from the bottom up, but that movement must also go upwards.  … You have to link the work with a broader movement of social organisations. They help to raise the issues of social inequality, and they can move society in the direction of redistribution.  … It is even more necessary to set up broader alliances, so that all those little things that happen can become part of a broader context and become part of a wider environment. (a social worker, institution for community development)

The final crucial aspect of social work with lifeworld-oriented action is social duty in public deliberation.

The articulation of different needs of different groups is the core of democracy; that is a social issue. Which needs do we as a society recognise, and which not? Which needs can be defined as rights, how are they recognised, and can we organise ourselves accordingly? These are public debates. These are collective discussions, because not having your needs recognised, and, consequently, not being seen or heard in society, is usually a collective and structural problem. (a lecturer on social work)

Participatory action

Participation is a loose concept, but nevertheless a key notion when talking about an action framework for human rights in social work. After all, shaping human rights requires dialogue between social workers and citizens about how to construct human rights and for what purpose. Social workers point to two complementary features of participation. First, participatory action entails involvement, connection and reciprocity between social workers and citizens. Here, social workers focus on the ‘relational’ characteristic of the practice of participation.

Participative work cannot be one-sided. You cannot expect your client to participate in everything that comes out of your sleeve. I think the art is to participate with them, and to play it by ear: ‘What is going on here?’ If you as a social worker participate with them , you are going to exclude far fewer people than you would if you expect them to come and participate with you. (a social worker, institution for community development)

Social workers also recognise that participation is not simply a relational issue, but that it entails a ‘structural’ approach as well.

If I say that we have to be more individual, this doesn’t mean that we have to find an individual solution. What I mean is that we have to approach people individually and then hear from there what problems those people or those groups are experiencing. It is also important that policy acknowledges the stories of those people. (a social worker, institution for community development)

Participatory action comes with many pitfalls. One is the social exclusion caused by participatory practices. For social work, it is important to be aware of these processes of exclusion and to identify possible barriers and difficulties. In general, social workers indicate that ‘stronger’ people are the ones who participate in available activities, as these practices require a certain assertiveness or particular social or cultural skills.

Participation usually starts from a certain framework and not everyone fits into that framework. It also requires certain skills from clients—skills they don’t always have. So participatory practices exclude people, but at the same time, this makes us aware that we need to find a different way to involve those excluded. (social worker, institution for community development)

Another pitfall has to do with participation in social policy. One of the working methods of the institution for community development is to coach people who live in vulnerable life conditions to speak with policymakers. This involves a risk of instrumentalisation, not only by policymakers, but also by social workers, as these people adapt themselves to the preferences of social workers.

In everything we do, of course, it is important that we let people make their own choices. But to what extent we, as community workers, steer those choices … I’m not sure.  … We wouldn’t say it like that, but we do come up with the solutions.  … We start a project and then we involve people in it. (a social worker, institution for community development)

Joined-up action

Social work exists in many fields of practice. This can lead to physical or metaphorical borders between these fields. The over-organised professional field of social work often results in fragmentation or compartmentalisation. Social work from a human rights perspective should question these borders and even try to break through them. This is what is meant by joined-up action. Joined-up action aims to counteract structures and logic that withhold the realisation of human rights in social work.

A trend in the social field is to divide everything into separate human rights or compartments. That is how social policy is organised. A human-rights-based perspective implies an integrated or joined-up approach. This requires breaking through this administrative compartmentalisation of human rights. (a social worker, institution for community development)

Besides the limitations caused by the organisation of social work in different fields, social work is often restricted by the proliferation of rules, procedures, protocols, etc. From a human rights perspective, this requires social workers to push boundaries.

It is about pushing and crossing boundaries, looking outside the range of tasks, thinking outside the box. Laws are not violated, but rules are; these are agreements, and they can be interpreted more broadly or reinterpreted … . (a social worker, community health centre)

Social workers call for questioning rules and procedures. Joined-up action here means that social workers should use their professional discretion in order to be guided by their ethical duty instead of following fixed rules and arrangements.

Having sufficient professional discretion is very important, especially if you work with the most vulnerable groups. You need to take the side of these people instead of working with a double agenda. In any case, they will feel this immediately. But secondly, the more professional discretion social workers use in a system, the more they can defend the rights of vulnerable groups in society.  … It is important that they make full use of their professional discretion in order to develop a social reflex as much as possible. (a social worker, institution for community development)

Politicising action

Politicisation concerns questioning and contesting power. Power is mostly conceived of as something that belongs to societal structures, like politics or the judiciary system. Exercising power may result in injustice and in inhuman living conditions. The role of social work is thought to be to collectivise individual experiences of human rights violations and to bring these to the public debate. Politicised social work should use political advocacy to denounce structures and systems of power that cause violations of human rights.

You can try to help the person on an individual level to realise his or her rights, but you will always come across structural issues. (a social worker, institution for community development)

Power is also something that is situated in speaking about particular social issues. These discourses of power have a significant impact on people. The role of social work is to question these dominant orders of society. A social worker from a poverty-related organisation working with young people explains:

Many of the young people who arrive at our organisation are caught up in the ‘it’s your own fault’ discourse … . These young people are caught in a system and therefore they often blame themselves: ‘I think it’s me’ … . For example, education is an often recurring subject: 90% have attended special education. How is that possible? Is it only because of the context of poverty that they are being referred to this type of education, largely determining their future? In our organisation, they learn that this is happening not only to them, but this is something systemic. We explain that it is caused by our educational system failing to give everyone equal opportunities. By doing this, we are ‘de-blaming’ them: there is an individual responsibility, but there is also a social responsibility. For them, this is a process of awareness-raising about how society works and about who decides what. In the beginning, this often alienates these young people, these issues of politics, policy, human rights. (a social worker, poverty organisation).

However, because of the often extensive subsidisation of social work organisations by the government, the politicising role of social work is frequently at odds with the autonomy and independence of the organisation.

You are actually in a sort of a split, which keeps you from going fully for human rights. We cannot just be a protest movement. We can never go full 100 per cent. We can do that, but only with the blessing of a minister. (a social worker, institution for community development)

Therefore, social workers should be aware of depoliticising tendencies that increasingly emphasise the controlling side of social work over its emancipatory character.

The pressure is increasing for social workers to exercise control. I think it is important that social workers be very conscious of this: what is my task? … You see that organisations that are not complying are experiencing consequences. … We owe it to ourselves to say why we stand for. If we don’t do that, we do not take our clients seriously. We must unite as social workers to make it clear to policymakers: this is social work and this is not social work. … We must be able to define our role as social workers: what do we serve? We cannot be used for everything. (a social worker, organisation supporting people with a migration background)

Social workers indicate that they should be much more concerned with their self-critical role. Their own actions as social workers should also be scrutinised in some form of ‘self-politicisation’.

Our qualitative research on how social work acts when aiming to realise human rights reveals five building blocks. They flesh out what it can mean for social work to be a human rights profession. It is important to consider these five building blocks in connection to one another as an action framework for human rights in social work. The key point of this framework is the recognition that human rights in social work are collectively constructed and that social workers play a crucial role in this construction process. To state that human rights are collectively constructed is to acknowledge the discursive, contested and complex nature of human rights in social work ( Cemlyn, 2008 ; Ife, 2012 ). There is no single way to construct human rights. On the contrary, trying to realise human rights is a process characterised by a plurality of potential constructions, based on the plurality of interests of the communities and community members involved. Part of our data also show opposing constructions of human rights ‘within’ building blocks. The discussion on systemworld-oriented action, for instance, demonstrates that some social workers are in favour of selective social services, while others defend universal ones. The same goes for participatory action: being recognised as an agent and being acknowledged as a partner in dialogue can conflict with instrumentalising tendencies. It is remarkable that the conflicting perspectives each underpin their opposite positions from the same framework of human rights. Another part of our data show opposing views on human rights ‘between’ building blocks. This is probably most obvious in the building blocks of lifeworld-oriented action and systemworld-oriented action, which can be considered opposites. The approach of starting from the needs experienced by communities seems to be difficult to reconcile with the bureaucratic procedures of institutions within a system, although both rely on human rights.

Our action framework has an ambiguous relationship with previous action models. It resonates only partially with Androff’s five-principles framework ( Androff, 2016 ), particularly regarding the principle of participation. The principle of accountability in Androff’s model is closely linked to the building block of politicised action. For the other principles, the two frameworks can be considered complementary. The same goes for McPhersons’s HRPSW framework (2015; see also McPherson and Abell, 2020 ). Some of the human rights methods in her model share similarities with our action framework: participation is a shared concern; accountability and activism correspond to politicised action; community and interdisciplinary collaboration are related to lifeworld-oriented action and micro/macro integration and capacity building resonate with systemworld-oriented action. On the other hand, the human rights lens and human rights goals are absent from our action framework. As for earlier research in the Flemish context, our action framework agrees with some aspects of it but not others. Vandekinderen et al. (2020) conducted a research project to explore the common ground of social work in Flanders. They identified five building blocks that are considered the DNA of social work in Flanders. Of these, politicising work is the only building block that both frameworks have in common. It is no surprise that this building block also shows up in our results, as politicising work is a main concern in the work of community development organisations in Flanders.

The observed divergences between our own action framework and the practice approaches of Androff and McPherson can be explained in different ways. In part, this is probably due to the different research contexts in which the projects took place. In our project, collaboration was set up with organisations in the field of community development. Although we included focus group discussions to see whether our findings were transferable, additional research in other social work domains could reveal different emphases or even different building blocks. Furthermore, comparative studies between countries could provide more insight into the international transferability of our action framework. As explained in the ‘Introduction’ section, the nature of social work is closely linked to the welfare regime of a country, which in turn ‘set the scene’ for understanding human rights. How different welfare regimes affect the translation of human rights in social work practice remains a blind spot in social work scholarship. However, this is of particular relevance as welfare regimes all over the world are facing far-reaching transformation that have a significant impact on how human rights in social work are understood. Further research might reveal the link between the nature of different welfare regimes and the way social workers use human rights in their practice. Finally, although we included the voices of service-users in our research project, they often remain left out of rights-based practice literature. Further research on human rights in social work should pay much more attention to the perspective of service-users and to the way that a human rights framework affects their situations and life conditions. These issues require an empirical shift in order to fully understand social work as a human rights profession. Understanding these issues could lend more nuance to the discussions on the relationship between social work and human rights, and would move this debate beyond empty slogans and catchphrases.

Alseth A. K. ( 2020 ) ‘ Human rights as an opportunity and challenge for social work in a changing Norwegian welfare state’, European Journal of Social Work , 23 ( 6 ), pp. 920 – 13 .

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Cronin A. ( 2008 ) ‘Focus groups’, in Gilbert N. (ed.), Researching Social Life , London, Sage .

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Beyond Intractability

The Hyper-Polarization Challenge to the Conflict Resolution Field We invite you to participate in an online exploration of what those with conflict and peacebuilding expertise can do to help defend liberal democracies and encourage them live up to their ideals.

Follow BI and the Hyper-Polarization Discussion on BI's New Substack Newsletter .

Hyper-Polarization, COVID, Racism, and the Constructive Conflict Initiative Read about (and contribute to) the  Constructive Conflict Initiative  and its associated Blog —our effort to assemble what we collectively know about how to move beyond our hyperpolarized politics and start solving society's problems. 

By Michelle Maiese

June 2004  

What are Human Rights?

Human rights are the basic rights and freedoms to which all humans are considered entitled: the right to life, liberty, freedom of thought and expression, and equal treatment before the law, among others. These rights represent entitlements of the individual or groups vis-B-vis the government, as well as responsibilities of the individual and the government authorities.

Such rights are ascribed "naturally," which means that they are not earned and cannot be denied on the basis of race, creed, ethnicity or gender.[1] These rights are often advanced as legal rights and protected by the rule of law. However, they are distinct from and prior to law, and can be used as standards for formulating or criticizing both local and international law . It is typically thought that the conduct of governments and military forces must comply with these standards.

Various "basic" rights that cannot be violated under any circumstances are set forth in international human rights documents such as the Universal Declaration of Human Rights , the International Covenant on Economic, Social and Cultural Rights , and the International Covenant on Civil and Political Rights . The rights established by these documents include economic, social, cultural, political and civil rights.[2]

While human rights are not always interpreted similarly across societies, these norms nonetheless form a common human rights vocabulary in which the claims of various cultures can be articulated. The widespread ratification of international human rights agreements such as those listed above is taken as evidence that these are widely shared values.[3] Having human rights norms in place imposes certain requirements on governments and legitimizes the complaints of individuals in those cases where fundamental rights and freedoms are not respected.[4] Such norms constitute a standard for the conduct of government and the administration of force. They can be used as "universal, non-discriminatory standards" for formulating or criticizing law and act as guidelines for proper conduct.[5]

Many conflicts are sparked by a failure to protect human rights, and the trauma that results from severe human rights violations often leads to new human rights violations. As conflict intensifies, hatred accumulates and makes restoration of peace more difficult. In order to stop this cycle of violence, states must institute policies aimed at human rights protection. Many believe that the protection of human rights "is essential to the sustainable achievement of the three agreed global priorities of peace , development and democracy ."[6] Respect for human rights has therefore become an integral part of international law and foreign policy. The specific goal of expanding such rights is to "increase safeguards for the dignity of the person."[7]

Despite what resembles a widespread consensus on the importance of human rights and the expansion of international treaties on such matters, the protection of human rights still often leaves much to be desired. Although international organizations have been created or utilized to embody these values, there is little to enforce the commitments states have made to human rights. Military intervention is a rare occurrence. Sanctions have a spotty track record of effectiveness. Although not to be dismissed as insignificant, often the only consequence for failing to protect human rights is "naming and shaming."

Interventions to Protect Human Rights

To protect human rights is to ensure that people receive some degree of decent, humane treatment. Because political systems that protect human rights are thought to reduce the threat of world conflict, all nations have a stake in promoting worldwide respect for human rights.[8] International human rights law, humanitarian intervention law and refugee law all protect the right to life and physical integrity and attempt to limit the unrestrained power of the state. These laws aim to preserve humanity and protect against anything that challenges people's health, economic well-being, social stability and political peace. Underlying such laws is the principle of nondiscrimination, the notion that rights apply universally.[9]

Responsibility to protect human rights resides first and foremost with the states themselves. However, in many cases public authorities and government officials institute policies that violate basic human rights. Such abuses of power by political leaders and state authorities have devastating effects, including genocide , war crimes and crimes against humanity. What can be done to safeguard human rights when those in power are responsible for human rights violations ? Can outside forces intervene in order to protect human rights?

Humanitarian Intervention

In some cases, the perceived need to protect human rights and maintain peace has led to humanitarian intervention. There is evidence that internationally we are moving towards the notion that governments have not only a negative duty to respect human rights, but also a positive duty to safeguard these rights, preserve life and protect people from having their rights violated by others.[10] Many believe that states' duties to intervene should not be determined by proximity, but rather by the severity of the crisis.

There are two kinds of humanitarian intervention involving the military: unilateral interventions by a single state, and collective interventions by a group of states.[11] Because relatively few states have sufficient force and capacity to intervene on their own, most modern interventions are collective. Some also argue that there is a normative consensus that multilateral intervention is the only acceptable form at present.[12]

There is much disagreement about when and to what extent outside countries can engage in such interventions. More specifically, there is debate about the efficacy of using military force to protect the human rights of individuals in other nations. This sort of debate stems largely from a tension between state sovereignty and the rights of individuals.

Some defend the principles of state sovereignty and nonintervention, and argue that other states must be permitted to determine their own course. They point out that the principles of state sovereignty and the non-use of force are enshrined in the charter of the United Nations , which is regarded as an authoritative source on international legal order.[13]

This argument suggests that different states have different conceptions of justice, and international coexistence depends on a pluralist ethic whereby each state can uphold its own conception of the good.[14] Among this group, there is "a profound skepticism about the possibilities of realizing notions of universal justice."[15] States that presume to judge what counts as a violation of human rights in another nation interfere with that nation's right to self-determination. Suspicions are further raised by the inconsistent respect for sovereignty (or human rights for that matter); namely, the Permanent Members of the UN Security Council have tremendous say over application of international principles. In addition, requiring some country to respect human rights is liable to cause friction and can lead to far-reaching disagreements.[16] Thus, acts of intervention may disrupt interstate order and lead to further conflict.[17] Even greater human suffering might thereby result if states set aside the norm of nonintervention.

Others point out that humanitarian intervention does not, in principle, threaten the territorial integrity and political independence of states. Rather than aiming to destabilize a target state and meddle in its affairs, humanitarian intervention aims to restore rule of law and promote humane treatment of individuals.[18]

Furthermore, people who advocate this approach maintain that "only the vigilant eye of the international community can ensure the proper observance of international standards, in the interest not of one state or another but of the individuals themselves."[19] They maintain that massive violations of human rights, such as genocide and crimes against humanity, warrant intervention, even if it causes some tension or disagreement. Certain rights are inalienable and universal, and "taking basic rights seriously means taking responsibility for their protection everywhere."[20]

If, through its atrocious actions, a state destroys the lives and rights of its citizens, it temporarily forfeits its claims to legitimacy and sovereignty.[21] Outside governments then have a positive duty to take steps to protect human rights and preserve lives. In addition, it is thought that political systems that protect human rights reduce the threat of world conflict.[22] Thus, intervention might also be justified on the ground of preserving international security, promoting justice and maintaining international order.

Nevertheless, governments are often reluctant to commit military forces and resources to defend human rights in other states.[23] In addition, the use of violence to end human rights violations poses a moral dilemma insofar as such interventions may lead to further loss of innocent lives.[24] Therefore, it is imperative that the least amount of force necessary to achieve humanitarian objectives be used, and that intervention not do more harm than good. Lastly, there is a need to ensure that intervention is legitimate, and motivated by genuine humanitarian concerns. The purposes of intervention must be apolitical and disinterested. However, if risks and costs of intervention are high, it is unlikely that states will intervene unless their own interests are involved.[25] For this reason, some doubt whether interventions are ever driven by humanitarian concerns rather than self-interest.

Many note that in order to truly address human rights violations, we must strive to understand the underlying causes of these breaches. These causes have to do with underdevelopment, economic pressures, social problems and international conditions.[26] Indeed, the roots of repression, discrimination and other denials of human rights stem from deeper and more complex political, social and economic problems. It is only by understanding and ameliorating these root causes and strengthening both democracy and civil society that we can truly protect human rights.

Restoring Human Rights in the Peacebuilding Phase

In the aftermath of conflict, violence and suspicion often persist. Government institutions and the judiciary, which bear the main responsibility for the observation of human rights, are often severely weakened by the conflict or complicit in it. Yet, a general improvement in the human rights situation is essential for rehabilitation of war-torn societies. Many argue that healing the psychological scars caused by atrocities and reconciliation at the community level cannot take place if the truth about past crimes is not revealed and if human rights are not protected. To preserve political stability, human rights implementation must be managed effectively. Issues of mistrust and betrayal must be addressed, and the rule of law must be restored. In such an environment, the international community can often play an important supporting role in providing at least implicit guarantees that former opponents will not abandon the peace.[27] Because all international norms are subject to cultural interpretation, external agents that assist in the restoration of human rights in post-conflict societies must be careful to find local terms with which to express human rights norms. While human rights are in theory universal, ideas about which basic needs should be guaranteed vary according to cultural, political, economic and religious circumstances. Consequently, policies to promote and protect human rights must be culturally adapted to avoid distrust and perceptions of intrusion into internal affairs.

To promote human rights standards in post-conflict societies, many psychological issues must be addressed. Societies must either introduce new social norms or reestablish old moral standards. They must design programs that will both address past injustice and prevent future human rights violations . Human rights must not become just another compartmentalized aspect of recovery, but must be infused throughout all peacebuilding and reconstruction activities. Democratization implies the restoration of political and social rights. Government officials and members of security and police forces have to be trained to observe basic rights in the execution of their duties. Finally, being able to forgive past violations is central to society's reconciliation .

Rights Protection Methods

Various methods to advance and protect human rights are available:

• During violent conflict, safe havens to protect refugees and war victims from any surrounding violence in their communities can sometimes help to safeguard human lives.
• As violent conflict begins to subside, peacekeeping strategies to physically separate disputants and prevent further violence are crucial. These measures, together with violence prevention mechanisms, can help to safeguard human lives. Limiting the use of violence is crucial to ensuring groups' survival and creating the necessary conditions for a return to peace.
• Education about human rights must become part of general public education. Technical and financial assistance should be provided to increase knowledge about human rights. Members of the police and security forces have to be trained to ensure the observation of human rights standards for law enforcement. Research institutes and universities should be strengthened to train lawyers and judges. To uphold human rights standards in the long-term, their values must permeate all levels of society.
• Dialogue groups that assemble people from various ethnicities should be organized to overcome mistrust, fear and grief in society. Getting to know the feelings of ordinary people of each side might help to change the demonic image of the enemy group. Dialogue also helps parties at the grassroots level to discover the truth about what has happened, and may provide opportunities for apology and forgiveness.
• External specialists can offer legislative assistance and provide guidance in drafting press freedom laws, minority legislation and laws securing gender equality. They can also assist in drafting a constitution, which guarantees fundamental political and economic rights.
• Those who perpetrate human rights violations find it much easier to do so in cases where their activities can remain secret. International witnesses , observers and reporters can exert modest pressure to bring violations of human rights to public notice and discourage further violence. Monitors should not only expose violations, but also make the public aware of any progress made in the realization of human rights. In order to ensure that proper action is taken after the results of investigations have been made public, effective mechanisms to address injustice must be in place.
• Truth commissions are sometimes established after a political transition. To distinguish them from other institutions established to deal with a legacy of human rights abuses, truth commissions can be understood as "bodies set up to investigate a past history of violations of human rights in a particular country -- which can include violations by the military or other government forces or armed opposition forces."[28] They are officially sanctioned temporary bodies that investigate a pattern of abuse in the past. Their goal is to uncover details of past abuses as a symbol of acknowledgment of past wrongs. They typically do not have the powers of courts, nor should they, since they do not have the same standards of evidence and protections for defendants. As such, they usually do not "name names" of those responsible for human rights abuses, but rather point to institutional failings that facilitated the crimes. Finally, they conclude with a report that contains recommendations to prevent a recurrence of the crimes and to provide reparations to victims.
• International war crimes tribunals are established to hold individuals criminally responsible for violations of international human rights law in special courts. The international community rarely has the will to create them. As the experiences with the war tribunals for Rwanda and Yugoslavia indicate, even where they are created, they are imperfect. They cannot hold all perpetrators accountable and typically aim for the top leadership. However, it remains difficult to sentence the top-level decision-makers, who bear the ultimate responsibility for atrocities. They often enjoy political immunity as members of the post-conflict government. Incriminating a popular leader might lead to violent protests and sometimes even to relapse into conflict. Leaders may be necessary to negotiate and implement a peace agreement.
• Various democratization measures can help to restore political and social rights. For sustainability and long-term viability of human rights standards, strong local enforcement mechanisms have to be established. An independent judiciary that provides impartial means and protects individuals against politically influenced persecution must be restored. Election monitors who help to guarantee fair voting procedures can help to ensure stable and peaceful elections. And various social structural changes , including reallocations of resources, increased political participation , and the strengthening of civil society can help to ensure that people's basic needs are met.
• Humanitarian aid and development assistance seeks to ease the impact that violent conflict has on civilians. During conflict, the primary aim is to prevent human casualties and ensure access to basic survival needs. These basics include water, sanitation, food, shelter and health care. Aid can also assist those who have been displaced and support rehabilitation work. Once conflict has ended, development assistance helps to advance reconstruction programs that rebuild infrastructure, institutions and the economy. This assistance helps countries to undergo peaceful development rather than sliding back into conflict.

The expansion of international human rights law has often not been matched by practice. Yet, there is growing consensus that the protection of human rights is important for the resolution of conflict and to the rebuilding process afterward. To achieve these goals, the international community has identified a number of mechanisms both to bring an end to human rights abuses and to establish an environment in which they will be respected in the future. They are not alternatives, but each provides important benefits in dealing with the past and envisioning a brighter future.

[1] Little, David. "Universality of Human Rights," [available at: http://www.usip.org/research/rehr/universality.html ] (no longer available as of March 5th 2013)

[2] endnote goes here**

[3] At the same time, some would argue that the hegemonic power of the West, whether through normative pressure or economic, is responsible for widespread ratification.

[4] Antonio Cassese, Human Rights in a Changing World . (Philadelphia: Temple University Press, 1990), 2.

[5] Little, "The Nature and Basis of Human Rights," United States Institute of Peace.

[available at: http://www.usip.org/research/rehr/natbasis.html ] (no longer available as of March 5th 2013)

[6] "Human Rights Today: A United Nations Priority," The United Nations, 2000. [available at: http://www.un.org/rights/HRToday/ ]

[7] Cassese, 3.

[8] Cassese, 58.

[9] Don Hubert and Thomas G. Weiss et al. The Responsibility to Protect: Supplementary Volume to the Report of the International Commission on Intervention and State Sovereignty. (Canada: International Development Research Centre, 2001), 144.

[10] Hubert and Weiss, et al., 147.

[11] Kithure Kindiki, "Gross Violations of Human Rights in Internal Armed Conflicts in Africa: Is There a Right of Humanitarian Intervention?" in Conflict Trends , no. 3, 2001. ACCORD.

[12] Martha Finnemore, The purpose of intervention: changing beliefs about the use of force . (Ithaca, Cornell University Press, 2003), chapter 3.

[13] Kithure Kindiki, "Gross Violations of Human Rights"

[14] Hubert and Weiss, et al., 132.

[15] Hubert and Weiss, et al., 133.

[16] Cassese, 58.

z[17] Hubert and Weiss, et al., 133.

[18] Kithure Kindiki, "Gross Violations of Human Rights"

[19] Cassese, 55-6.

[20] Hubert and Weiss, et al., 135.

[21] Hubert and Weiss, et al., 136.

[22] Cassese, 58.

[23] Hubert and Weiss, et al., 136.

[24] Hubert and Weiss, et al., 137.

[25] Hubert and Weiss, et al., 141.

[26] Cassese, 59.

[27] See for example, Barbara F. Walter, Committing to peace: the successful settlement of civil wars . (Princeton, N.J., Princeton University Press: 2002).

[28] Priscilla B. Hayner, (1994). "Fifteen Truth Commissions - 1974 to 1994: A Comparative Study." Human Rights Quarterly. 16(4): 604.

Use the following to cite this article: Maiese, Michelle. "Human Rights Protection." Beyond Intractability . Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: June 2004 < http://www.beyondintractability.org/essay/human-rights-protect >.

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The National Human Rights Commission or NHRC is a standalone entity of the Government of India with the mission of promoting and protecting human rights. It is a statutory body mentioned in the Constitution of India that was established in 1993 under the ‘Protection of Human Rights Act.’ This act was further amended in 2006. 

National Human Rights Commission (NHRC) Download PDF Here

This article talks about an important non-constitutional body, the National Human Rights Commission, in the context of the IAS Exam . 

The topic, ‘NHRC’ is important for the Indian Polity subject (Mains GS-II) of the UPSC Syllabus. 

The candidates can read more about other similar bodies from the links below:

What is the National Human Rights Commission (NHRC)?

The National Human Rights Commission (NHRC) established in 1993, is an independent statutory body as per the provisions of the Protection of Human Rights Act of 1993 which was amended in 2006. 

• Human Rights are an indispensable part of society and Human Rights in India are watched by NHRC.
• NHRC acts as a watchdog of human rights in the country.
• NHRC looks over the rights that are related to life, dignity, liberty and equality of the individual that is defined in Section 2(1) of the PHR Act. 
• They are guaranteed by the Constitution of India, embodied in the international covenants and are enforceable by the courts of India as well. 
• NHRC was established in compliance with the Paris Principles of Human Rights, 1991 which were adopted for the promotion and protection of Human Rights and were endorsed by the  United Nations at its General Assembly of 1993

NHRC History 

• In 1948, the UN adopted the UDHR ( Universal Declaration of Human Rights ).
• In 1991, the Paris Principles were established by the National Human Rights Institutions (NHRIs).
• In 1993, the UN adopted these Paris Principles at its General Assembly.
• In 1993, India enacted the Protection of Human Rights Act.
• This led to the formation of the National Human Rights Commission (NHRC).
• The Protection of Human Rights Act also allowed state governments to establish the State Human Rights Commission.

NHRC Composition – Members of NHRC 

• The National Human Rights Commission (NHRC) is composed of a Chairperson and eight other members.
• Four full-time members.
• Four deemed members.

To read about the National Commission for Scheduled Castes (NCSC) , check the linked article.

Appointment of NHRC Members

• A Selection Committee will recommend the candidates to the President.
• Prime Minister (Chairman)
• Speaker of Lok Sabha
• Union Home Minister
• Deputy Chairman of Rajya Sabha
• Leaders of the Opposition in both Houses of the Parliament

Aspirants can check the official website of the National Human Rights Commission (https://nhrc.nic.in/) for more details.

Functions & Powers of NHRC

The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the Protection of Human Rights Act,1993 includes enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant. The Commission also studies treaties and international instruments on human rights and makes recommendations for their effective implementation to the Government.

• NHRC can investigate any complaints related to violations of Human Rights in India either suo-moto or after receiving a petition.
• NHRC can interfere in any judicial process that involves any allegation of violation of Human Rights.
• It can visit any prison/institute under the control of the state governments to observe the living conditions of inmates. It can further make recommendations based on its observations to the authorities.
• NHRC can review the provisions of the Constitution that safeguard Human Rights and can suggest necessary restorative measures.
• Research in the field of Human Rights is also promoted by the NHRC.
• Human Rights awareness and literacy through different media are promoted by NHRC in various sectors of society.
• NHRC has the power to recommend suitable steps that can prevent violation of Human Rights in India to both Central as well as State Governments.
• The President   of India gets an annual report from NHRC which is laid before both the Houses of the Parliament.

Limitations of NHRC 

It is important to know the limitations of NHRC  for the UPSC exam. They are mentioned below:

• The Recommendations made by the NHRC are not binding.
• Violation of Human rights by private parties cannot be considered under NHRC Jurisdiction.
• NHRC doesn’t have the power to penalise the authorities that don’t implement its recommended orders.
• 3 of the NHRC members are judges which give the functioning of the Commission a judicial touch.
• The other members that are recommended by the Selection Committee may not necessarily be Human Rights experts.
• Cases that are older than one year. 
• Cases that are anonymous, pseudonymous or vague.
• Frivolous cases.
• Cases pertaining to service matters.
• The NHRC has limited jurisdiction over cases related to armed forces.
• The NHRC faces other issues like excess cases/complaints, insufficient funds, bureaucratic functioning style, etc.

Click the link to read about the  National Child Labour Project Scheme .

Major Issues related to NHRC

India faces Human Rights violations on a large scale due to various reasons. The National Human Rights Commission (NHRC) takes up most of the issues around the country. Some of them are mentioned below:

• Arbitrary arrest and detention
• Custodial torture
• Child labour
• Violence and discrimination against women and children
• Extrajudicial killings
• Excessive powers 
• Sexual violence and abuse
• LGBTQ community rights 
• SC/ST, disabled people and other religious minority issues
• Labour rights and right to work
• Conflict induced internal displacement 
• Manual scavenging

Also read about the Protection Of Children from Sexual Offences Act (POCSO) .

Term & Removal of Chairperson of NHRC

The Chairperson or the Members of the National Human Rights Commission holds office for a term of three years or until they attain the age of 70 years, whichever is earlier.

Earlier the tenure of office was 5 years or 70 years whichever is earlier but the Protection of Human Rights (Amendment) Bill 2019 brought in certain changes.

The Protection of Human Rights (Amendment) Act, 2019 

The differences between the Protection of Human Rights Act 1993 and the Protection of Human Rights Amendment Bill 2019 with respect to NHRC is given below-

The Protection of Human Rights (Amendment) Bill, 2019 has been passed in both Lok Sabha and Rajya Sabha in 2019. 

UPSC Questions related to National Human Rights Commission

‘Human Rights’ is an important global issue and questions related to these can be asked in UPSC Prelims or Mains. The question mentioned below have been asked in the UPSC exams:

• The multiplicity of various commissions for the vulnerable sections of the society leads to problems of overlapping jurisdiction and duplication of functions. Is it better to merge all commissions into an umbrella Human Rights Commission? Argue your case. (UPSC Mains GS-II 2018). 

Similarly, in the years 2014 and 2015, UPSC Mains (GS II) questions were based on the National Human Rights Commission topic. Therefore, it holds high relevance and importance in the point of UPSC Mains Examination. To know more about the previous year’s questions , check the linked article. 

FAQ about National Human Rights Commission (NHRC)

Who is the chairman of the national human rights commission of india currently.

Shri Justice Arun Kumar Mishra is the current chairperson of the National Human Rights Commission, and he assumed on June 2, 2021. 

Where is the NHRC headquartered?

• NHRC has its headquarters in New Delhi. 

What is the role of NHRC?

• The National Human Rights Commission or NHRC is a standalone entity of the Government of India with the mission of promoting and protecting human rights.
• The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the Protection of Human Rights Act,1993 includes enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant.

Multiple Choice Question

Consider the following Statements

• National Human Rights Commission (NHRC) was established in compliance with the Paris Principles of Human Rights, 1991 which were adopted for the promotion and protection of Human Rights and were endorsed by the United Nations at its General Assembly of 1993
• The National Human Rights Commission (NHRC) is a statutory body mentioned in the Constitution of India that was established in 1993 under the ‘Protection of Human Rights Act.’
• The United Nations Human Rights Council (UNHRC) is a United Nations body that has 47 members elected for staggered three-year terms on a regional group basis. The headquarters of UNHRC is in Geneva, Switzerland.
• The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the UN Human Rights Office, is a department of the Secretariat of the United Nations that works to promote and protect the human rights that are guaranteed under international law.

Choose the correct answer from the below-given options.

A) None of the above statements are true.

B) Only Statements 1, 2 and 3 are true.

C) Only statements 2, 3 and 4 are true.

D) All the above statements are true.

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Human rights, Laws and Institutions in India: The role of the National Human Rights Commission

This paper deals with the following topics-- Development Of Human Rights In India Law And Institution In India National Human Rights Commission Function And Power Of The Commission

Related Papers

Human Rights and Judicial Activism in India

Dr. Ausaf A H M A D Malik

HUMAN RIGHTS can be defined as rights inherent in all over the world, without which we cannot live as human beings. Everyone is entitled to these rights without discrimination on the ground of race, sex, nationality, religion and language etc. In this paper the researcherdeals that judiciary play vital role to protect human rights in the Indian. This article attempts to analyze the role of justice and judicial action in protecting Human rights. After independence, India played a very important role in protecting these rights. India has not made any effort to translate it into reality, so it has not incorporated the detailed Bill of Rights into its constitution. The judiciary in India has played a key role in turning these rights into reality. Consequently, the court has adopted all legislative, administrative and judicial or quasi-judicial agencies within the scope of the law, acting as the supreme interpreter, protector and guardian of the constitution. The judiciary has the responsibility to review all government actions. Undoubtedly, in a constitution with provisions to protect the basic rights of the people, the judiciary has the power and obligation to protect the rights of the people from any improper and unreasonable infringement.

Indian Journal of Politics, Vol. 38 (1)

Abdulrahim Vijapur

The purpose of this paper is to discuss briefly the list of fundamental rights guaranteed in the Constitution, the effectiveness of Article 32 and 226 of the Constitution in providing judicial protection of rights, the nature and extent of gross violations of human rights; the high cost of judicial remedies, the renewed judicial activism to protect rights in post-emergency period through a novel method of “public interest litigation”, the functions and role of various Human Rights institutions-on minorities, women, the scheduled castes and tribes, other backward classes and safai karamcharis. The paper makes some suggestions in its conclusion with a view to make to institutional approach an effective method to enforce human rights.

Dr.Samrendra Sharma

Publisher ijmra.us UGC Approved

The Human Rights and Fundamental Rights are sections of the Constitution of India that provides people with their rights. These Fundamental Rights are considered as basic human rights of all citizens, irrespective of their gender, caste, religion or creed. etc. These sections are the vital elements of the constitution, which was developed between 1947 and 1949 by the Constitution of India. There are six fundamental rights in India. They are Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. Right to Equality ensures equal rights for all the citizens. The Right to Equality prohibits inequality on the basis of caste, religion, place of birth, race, or gender. It also ensures equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or any of them. Right to freedom provides us with various rights. These rights are freedom of speech, freedom of expression, freedom of assembly without arms, freedom of movement throughout the territory of our country, freedom of association, freedom to practice any profession, freedom to reside in any part of the country. However, these rights have their own restrictions. Right against Exploitation condemns human trafficking, child labor, forced labor making it an offense punishable by law, and also prohibit any act of compelling a person to work without wages where he was legally entitled not to work or to receive remuneration for it. Unless it is for the public purpose, like community services or NGO work. Right to Constitutional Remedies ensures citizens to go to the supreme court of India to ask for enforcement or protection against violation of their fundamental rights. The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, award compensation as well to the affected individual.

Elvisha Fernandes

International Res Jour Managt Socio Human

" All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. " Article 1,

Dinesh Goswami

DrJagannadha V Reddy

Abstract: ‘The known human history is the struggle between the power and liberty’ according to J.S.Mill. This becomes true with the international declaration of human rights, on Dec 10, 1948. This is the result of various movements for rights from the period of ‘Magnacarta’ to the II World war. This declaration stood as a pillar of confidence in the human race, and there by it became the primary source for all sorts of demands raised by different groups and individuals. This declaration has empowered the rights movements all through the globe. But it is the individuals who have seen the declaration in different perspectives and gave different interpretation to it. We use to see the past through the present. Past becomes more understandable and visible through the present situations like sunrays are visible as rainbow colors when they pass through the prism of the water droplet. For the last 50 years every nation and every ethnic group have seen the declaration in their perspective according to their socio–economic and political thoughts. As a result some aspects have been glorified to the maximum extent and some have lost their significance. Key words: Human Rights- international declaration of human rights-Magnacarta- socio–economic and political thoughts. Dr.VJReddy, Dep. of Hindi, AU-email:[email protected]:0-9442424331

Human rights are derived from the principle of Natural Law. They reside inherently in the individual human being independent of, and even prior to his participation in the society. Consequently they are the result of recognition of the state, but they are logically independent of the legal system for their existence 1.On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. The declaration itself state that to implement its provisions is not obligatory to the state parties. These may be taken to be the Directive Principles of International policy of the United Nations. In the Constitution of India, which came into force on 26th January, 1951, most of the rights enshrined in the universal Declaration of Human rights 1948 were incorporated. Human Rights as they are named in the Covenants have also been adopted as the law of India on Human Rights, as stated in the Protection of Human rights Act 1993.

Human rights are basic rights and freedoms to which all humans are entitled, often held to include the right to life and liberty, freedom of thought and expression, and equality before the law. Human Rights are inherent and in alienable rights which are due to an individual by virtue of his/her being a human being. These rights are necessary to ensure the dignity of every person as a human being irrespective of one‟s race, religion, nationality, language, sex or any other factor. Human rights are vast, varied and dynamic. They represent so many issues that everything and anything relating to human beings come under its Jurisdiction. They also have significant contribution towards both national policies and politics as well as relations with other international communities.

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The Official Careers Website of the City of New York

Human Rights Specialist (Infoline)

• Agency: HUMAN RIGHTS COMMISSION
• Job type: Full-time
• Title Classification: No exam required

Law Enforc.Bureau Executive

Job Description

The New York City Commission on Human Rights (CCHR) works every day to implement the city’s Human Rights Law through enforcement, education, and outreach. The Commission seeks to address historic and contemporary inequities to cultivate a city where everyone can live, work, and thrive free from discrimination. Through training, education, and policy initiatives, the Commission aims to root out discrimination. The Commission proactively identifies patterns of discrimination through testing employers, housing providers, and providers of public accommodation. The Commission also uses investigations, litigation, and other enforcement tools to address allegations of discrimination. The Commission is seeking to hire qualified Human Rights Specialists (Infoline) to serve in the Law Enforcement Bureau. In this role, you will be the first point of contact for the public, providing exceptional service and support through phone interactions and in person screening interviews. Responsibilities include: - Respond to members of the general public in a professional and friendly demeanor who are calling CCHR’s live call center by: screening calls and performing a preliminary assessment to determine whether a caller should be scheduled for an intake appointment at LEB; providing information including but not limited to site locations, phone numbers, and functions of the agency; and referring callers to appropriate additional services. - Assist with community-based outreach about the NYCHRL and related issues to community groups, tenant groups, grass-root organizations, educational institutions, non-profit organizations, private entities, and governmental agencies. Meet with members of the public to perform a preliminary assessment of the individual’s needs and/or claims of discrimination. - Perform data entry, generate letters, and otherwise facilitate communication with members of the public making inquiries at CCHR. - Enter/update/retrieve information on an electronic information storage system in order to facilitate agency operations. - Maintain an organized, retrievable filing system. - Provide day-to-day administrative support to the LEB, including reception duties, mail and correspondence, and docketing and service of complaints. - Prepare and submit reports and forms in accordance with agency reporting requirements. - Participate in training sessions to stay updated with the NYCHRL. - Performs all duties as needed to advance the work of the LEB.

1. A baccalaureate degree from an accredited college plus two years of satisfactory full- time experience in intergroup relations * ; community relations; civil rights law enforcement; block or tenant organizing; investigations related to law enforcement; labor or industrial relations; education; social work; or law; or 2. A four year high school diploma or its educational equivalent and four years of satisfactory, full-time experienced as described under "1" above; or 3. Education and/or experience equivalent to "1" or "2" above. However, all candidates must have a four year high school diploma or its educational equivalent, and must possess at least one year of experience described under "1" above. * "Intergroup relations" is defined as experience in which the employee's major responsibility is to facilitate communication and cooperation, and mediate tensions between different groups.

The City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment based upon any legally protected status or protected characteristic, including but not limited to an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.

Civil service title

HUMAN RIGHTS SPECIALIST (COMM

Title classification

Non-Competitive-5

Business title

• Experience level: Experienced (non-manager)

Number of positions

Work location

22 Reade St, Ny

• Category: Constituent Services & Community Programs

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2023 Country Reports on Human Rights Practices: Ecuador

Download report, translations.

• EXECUTIVE SUMMARY

There were no significant changes in the human rights situation in Ecuador during the year.

Significant human rights issues included credible reports of: cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; serious problems with the independence of the judiciary; serious restrictions on freedom of expression and media, including violence against journalists and the existence of criminal libel laws; serious government corruption; and extensive gender-based violence, including domestic or intimate partner violence, sexual violence, workplace violence, and femicide.

The government took credible steps to identify and punish officials who may have committed human rights abuses.

Violence, including killings, by criminal groups increased. Members of criminal gangs in prisons committed acts of torture and killed their rivals during prison disturbances. There were incidents of violence and threats of violence against politicians, journalists, prosecutors, and judges likely perpetrated by nongovernment actors. Members of society engaged in crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons. The government investigated and prosecuted such actions.

Respect for the Integrity of the Person

• a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings, including extrajudicial killings, during the year.

Regarding the deaths of protesters during the June 2022 demonstrations, a local human rights organization reported the attorney general’s investigation had yielded few results and progressed slowly. Although the Attorney General’s Office summoned more than 80 police officers to testify, fewer than 20 came forward. Civil society and social organizations claimed authorities failed to call individuals to testify who were with one of the persons killed, Byron Guatatuca Vargas, when he died.

As of October 31, police reported more than 6,550 homicides, an increase of almost 70 percent compared with 2022. Police attributed a large part of the country’s rising homicide rate to increased drug trafficking and conflicts among gangs fighting over drug trafficking routes. On March 3, President Guillermo Lasso declared a state of emergency in the coastal province of Esmeraldas. Media reported a mass killing on April 11 at the fishing port in Esmeraldas, when 30 hooded men arrived aboard boats and began shooting at residents and fishermen, killing nine and wounding four. The minister of interior attributed the killings to a dispute between local drug gangs for control of the port.

Drug gang violence dramatically increased in the coastal provinces of Guayas, Santa Elena, and Los Rios. In March and April, authorities registered a surge in kidnappings, robberies, and killings, including a beheading. On April 1, President Lasso announced urgent security measures to confront crime, including declaring a state of emergency and curfew in the three provinces.

Media reported 14 attempts to kill candidates and elected officials, resulting in the deaths of four political candidates, five elected officials, and one political party leader as of October. On August 9, gunmen shot and killed presidential candidate Fernando Villavicencio at a Quito campaign event. The attack occurred 11 days before the first round of snap presidential and legislative elections. Police shot the suspected killer seconds after the event, and he died from his injuries shortly afterwards. Police arrested 13 additional suspects in the killing, and on August 10, a judge ordered pretrial detention for all 13 suspects. Six suspects were found killed in the Litoral prison in Guayaquil on October 6. Another suspect was found dead in the El Inca prison in Quito on October 7. A pretrial hearing date for the remaining six suspects was scheduled for December 19.

On February 26, the Confederation of Indigenous Nationalities of Ecuador reported two unidentified gunmen killed the confederation’s director for international relations and environmental activist, Eduardo Mendua, outside his home in the Amazonian province of Sucumbios. Mendua’s death occurred amid confrontations between Indigenous communities and the state-owned oil company Petro Ecuador. According to the Attorney General’s Office, three suspects were in custody.

In December 2022, the Guayas Provincial Court sentenced a member of Los Águilas gang to 30 months in prison for his involvement in the August 2022 attack in the Cristo del Consuelo neighborhood in Guayaquil that killed five persons, injured 17 others, and destroyed seven houses.

• b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses

While the law prohibited torture and similar forms of intimidation and punishment, there were credible reports police officers and prison guards abused suspects and prisoners.

On August 1, the Attorney General’s Office initiated criminal proceedings against five active-duty police officers for the alleged rape of a citizen detained in a Community Watch Unit in Guayaquil on July 30. According to the complaint, two of the accused officers allegedly raped the individual with an object, while the others allegedly sprayed him with pepper spray and hit him in his back and face.

Authorities also were investigating two alleged cases of rape by four active-duty military officers in Cuenca. The sexual assaults allegedly occurred on different dates and against two different women: a second lieutenant and an enlisted soldier. According to the allegations, the first case allegedly occurred in December 2022 inside a military compound, while the second case allegedly occurred in March in a hostel.

• Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to gross overcrowding, food shortages, inadequate sanitary conditions, lack of medical care, and gang violence.

Abusive Physical Conditions : Prisons continued to be overcrowded. According to the government’s National Service of Comprehensive Attention to Adults Deprived of Liberty and Adolescent Offenders, the overcrowding rate was 13 percent above designed capacity as of July 21, compared with 8 percent in 2022. The overcrowding rate varied by prison, with some prisons such as the Guayaquil Regional Prison (and the Litoral prison in particular) significantly overcrowded and others such as the Riobamba Prison operating under capacity.

Access to and quality of food, potable and hot water, heating, sanitation, and medical care were inadequate.

Multiple institutions, government officials, and nongovernmental organizations (NGOs) reported criminal gangs controlled most prisons. An NGO reported health workers were reluctant to enter the prisons because they feared being attacked. The NGO said gangs monopolized the food supply and distributed meals at their discretion.

Prison officials and human rights organizations agreed most violent deaths in prisons were the result of rivalries among criminal gangs with links to drug cartels. Fighting between drug trafficking gangs in prisons led to 54 violent deaths through August 21. On July 22, a three-day clash between gangs in a Guayas prison left 31 dead, according to the Attorney General’s Office.

On September 6, several human rights organizations reported that male inmates entered the women’s pavilion in a prison in Quevedo to rape, attack, and torture female inmates in complicity with the prison’s authorities. Authorities’ responses were pending as of the end of November.

Administration : Authorities sometimes conducted investigations of credible allegations of mistreatment in prisons.

Independent Monitoring : Civil society representatives continued to report restrictions to monitoring by independent NGO observers.

d. Arbitrary Arrest or Detention

The law prohibited arbitrary arrest and detention and provided for the right of any person to challenge the lawfulness of their arrest or detention in court, but there were reports provincial and local authorities did not always observe these provisions. According to NGOs, illegal detentions continued to occur.

• Arrest Procedures and Treatment of Detainees

The law required authorities to issue specific written arrest orders prior to detention, and a judge was required to charge a suspect with a specific criminal offense within 24 hours of arrest. NGOs stated judges frequently did not determine a specific criminal offense, particularly for arrests of protesters. Authorities generally observed the time limit for charging a suspect, although in some provinces initial detention was often considerably longer.

Detainees had a constitutional right to an attorney. Those without financial means to pay for an attorney had the right to request a court-appointed attorney from the Public Defender’s Office. Although court-appointed defenders were available, the number of cases and limited time to prepare for the defense continued to present a disadvantage to defendants using a public defender during trials.

The law entitled detainees to prompt visits by lawyers and family members, but NGOs continued to report delays depending on the circumstances and the willingness of local courts and prison guards to enforce the law.

Pretrial Detention : Corruption and general judicial inefficiency caused trial delays. The length of pretrial detention did not usually exceed the maximum sentence for the alleged crime. A human rights organization reported the misuse of pretrial detention was common throughout the country and led to overcrowding, violence, and insufficient health services in prisons.

e. Denial of Fair Public Trial

While the constitution provided for an independent judiciary, corruption impaired the judicial process. Legal experts, bar associations, and NGOs reported on the susceptibility of the judiciary to take bribes for favorable decisions and faster resolution of cases. Violence and outside pressure, especially from criminal groups, further compromised judicial independence and impartiality.

Civil society organizations expressed concern regarding judicial independence and pointed to events that, in their judgment, reflected attempts to influence the judiciary or constituted power struggles among judicial officials that compromised the administration of justice. In February, the National Court of Justice appointed Wilman Teran as head of the Judicial Council. Teran then made a series of decisions that civil society groups characterized as “dubious.” At midnight on February 17, the Judicial Council removed all its provincial directors and designated Teran’s alleged close contacts as directors to form a new majority on the council. Civil society groups claimed this new majority approved questionable resolutions to hire, fire, and reassign judges nationwide. For example, on August 19, in a late-night virtual vote, the council, despite not having a majority present, moved to fire one of its members, Judge Walter Macias. President Lasso, Attorney General Diana Salazar, and the entire National Court of Justice called for the resignation of Teran and other council members. On September 14, a Pichincha judge annulled the council’s decision to remove Macias and ordered his immediate reinstatement as a National Court of Justice judge. Once reinstated, on September 28, Macias called to trial two council members for influence peddling. Both members were subsequently removed from the council.

Media reported criminal groups killed Guayas Province prosecutor Leonardo Palacios on June 1 in Duran. According to the Attorney General’s Office, Palacios had been investigating a homicide. Separately, on June 1, six armed, hooded individuals threatened to kill Attorney General Salazar through a video sent to her personal cell phone.

On July 14, police reported an armed attack on the local offices of the Attorney General’s Office in Santo Domingo. One official was injured in the attack. On July 27, the Attorney General’s Office announced prosecutors and judicial officials in the coastal provinces of Guayas, Manabi, Esmeraldas, Santo Domingo, and Los Rios would telework for security reasons.

In March, a judge sentenced three individuals to 34 years in prison as coauthors of the May 2022 murder of prosecutor Luz Marina Delgado and her assistant. As of September, the Attorney General’s Office continued to investigate the August 2022 killings of prosecutor Federico Estrella and judge Nelson Patricio Yánez.

According to the Judiciary Council, there was a $265 million deficit for the administration of justice, including shortfalls in funds necessary to pay salaries of judiciary officials, update infrastructure and technology, and buy office supplies. The council also noted a deficit of 692 judges and 500 prosecutors nationwide, which, according to an NGO, led to high workloads for public servants and delays and potential violations of due process.

• Trial Procedures

The law provided for the right to a fair and public trial, and the judiciary generally enforced this right. While defendants had the right to free assistance from an interpreter, some defendants complained the lack of an interpreter at court hearings made preparation of a defense problematic for non-Spanish speakers, and that the quality of interpreters was poor and caused problems when working with public defenders.

Judges reportedly rendered decisions more quickly or more slowly due to media and political pressure or fear in some cases. There were reported delays of up to one year in scheduling some trials. Prisoners reported lengthy delays in setting dates for preliminary hearings after their cases reached a higher court.

• Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

• f. Transnational Repression

Not applicable.

• g. Property Seizure and Restitution
• h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibited such actions, and there were no reports the government failed to respect these prohibitions.

Respect for Civil Liberties

A. freedom of expression, including for members of the press and other media.

The constitution provided for freedom of expression, including for members of the press and other media, but laws restricted this right. Civil society organizations reported criminal groups perpetrated widespread violence and harassment against journalists, causing them to self-censor their reporting.

Freedom of Expression : There were significant restrictions on media freedom. Journalists and NGOs said certain politicians and political parties continued to use the “press as enemy” trope and accuse media of being “corrupt” and “liars.” The media watchdog NGO Fundamedios said the government had not made substantial progress on freedom of expression rights, noting both the lack of progress on investigating and prosecuting high-profile past abuses and continuing abuses.

Several journalists and news outlets objected to President Lasso’s speech criticizing the press following a government corruption investigation – spurred by investigative reporting – that allegedly connected him to criminal groups. During a February 14 national broadcast, the president referred to journalists as “mercenaries of news entertainment” and “media terrorists,” suggesting the journalists were seeking “likes” [on social media] to “continue collecting their pay.” The law prohibited persons from using “discrediting expressions,” treated as a misdemeanor with a 15- to 30-day detention. There were no reports the government invoked this law to restrict freedom of expression.

Violence and Harassment : Local government authorities and criminal groups committed acts of violence and harassment against journalists. Fundamedios reported 39 acts of violence or harassment against journalists perpetrated by state actors between January and July. Civil society organizations maintained the state did not adequately investigate or prosecute the crimes and demonstrated little effort to halt the aggressions.

Censorship or Content Restrictions for Members of the Press and Other Media , Including Online Media : Fundamedios reported four censorship cases between January and July, three of which were initiated by the state and one by a news outlet. The NGO noted the government did not adequately investigate or prosecute these cases.

According to Fundamedios, the government canceled the bidding process for the allocation of FM radio and broadcast television frequencies, announced in 2020. Civil society organizations had criticized the Agency for the Regulation and Control of Telecommunications-administered bidding process as lacking transparency and allowing two bidders to accumulate a disproportionate number of frequencies.

Libel /Slander Laws: Libel and slander were criminal offenses under the law, with penalties of up to three years in prison, plus fines. The law assigned responsibility to media owners as well as journalists, who were held liable for opinion pieces or statements by reporters or others, including readers, using their media platforms. Monitoring organizations reported the national government did not prosecute journalists for libel during the year, but they reported three cases in which politicians initiated legal proceedings against journalists.

Civil society organizations reported a judge sentenced Guayaquil News journalist and director Guillermo Lizarzaburu and businessman Juan Pablo Paz to two years in prison following a complaint filed by former legislator Pablo Muentes. Muentes accused Lizarzaburu and Paz of using anonymous social media accounts to slander Muentes.

El Universo newspaper cartoonist Xavier Bonilla (whose nom de plume was “Bonil”) faced a libel suit after he published a cartoon allegedly accusing Alembert Vera, president of the Citizen Participation and Social Control Council and previously a lawyer for former President Rafael Correa, of embezzlement and involvement in organized crime. According to Fundamedios, Vera’s father, Gutemberg Vera, filed the libel case against Bonil.

Nongovernmental Impact: Unknown persons not presumed connected with government authorities conducted attacks against journalists during the year. Civil society organizations reported criminal groups perpetrated widespread violence and harassment against journalists. According to Fundamedios, as of July 31, five journalists fled the country following serious death threats from criminal groups. Karol Noroña, a journalist from digital news outlet GK who reported on organized crime and prison violence, fled the country on March 24 after receiving death threats. Journalists and civil society organizations reported journalists covering corruption, prison violence, and violence linked to the drug trade often self-censored their reporting due to fear of reprisals from criminal groups.

On March 20, television stations and journalists simultaneously received envelopes containing explosive devices. Unknown individuals sent three envelopes to the newsrooms of the television stations Ecuavisa, Teleamazonas, and TC Television, while the other two were sent to radio station EXA FM and journalist Carlos Vera. Most journalists were unharmed except for Ecuavisa journalist Lenin Artieda, who suffered minor injuries when he inserted into his computer a memory stick that contained an explosive device. The Attorney General’s Office opened an investigation into the attacks.

On April 24, the Attorney General’s Office reported that a judge sentenced two individuals each to 34 years and six months in prison for the murder of journalist Gerardo Delgado in August 2022. In February 2022, a Guayas court convicted and sentenced to prison six other individuals for the crime. As of August 25, five of the individuals were appealing the court’s decision.

Actions to Expand Freedom of Expression, I ncluding for Members of the Press and Other M edia: On August 23, the government issued a decree that defined risk prevention and protection measures for journalists. The decree included new risk prevention measures, such as mapping risks facing journalists, the development of protection protocols, and the creation of support networks. New protection measures included monitoring threats and attacks and security training for journalists.

• Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content.

A government regulation required that internet service providers comply with all information requests from the superintendent of telecommunications, allowing access to client Internet Protocol addresses and information without a judicial order. The law held media outlets responsible for online comments from readers if the outlet had no established mechanisms for commenters to register their personal data (including national identification number) or no system to delete offensive comments. The law also prohibited media from using information obtained from social media unless they verified the author of the information.

As of August 25, the government had not issued regulations for the application of a 2021 law regarding personal data protection and had not appointed a data protection superintendent. Media watchdog groups such as Fundamedios previously had largely praised the law for establishing high standards for data and privacy protection while protecting freedom of expression.

b. Freedoms of Peaceful Assembly and Association

The law provided for the freedoms of peaceful assembly and association, and the government generally respected these rights, although authorities declared four states of exception throughout the year due to rising crime and natural disasters. The related executive decrees included restrictions on freedom of assembly, association, and the inviolability of home and correspondence. Three decrees enabled the government to deploy the armed forces to support police operations.

• Freedom of Peaceful Assembly

The law provided for freedom of peaceful assembly, and the government generally respected this right. Public rallies required prior government permits, which authorities usually granted.

Human rights organization reported that after a Global Marijuana March in Guayaquil on May 5, police officers harassed demonstrators and removed them from the street, citing lack of permits. According to a human rights activist, police officers attempted to confiscate a speaker and other equipment from a demonstrator and assaulted other participants with batons and pepper spray.

• c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/ .

• d. Freedom of Movement and the Right to Leave the Country

The law provided for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

• e. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern.

Access to Asylum : The law provided for the granting of asylum or refugee status, and the government had established a system for providing protection to refugees.

Abuse of Refugees and Asylum Seekers : Migrants and refugees, especially women, children, and lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals, sometimes experienced gender-based violence and human trafficking, according to UN agencies and local NGOs. Authorities reported an increase in forced labor, sex trafficking, and the forced recruitment of migrants and refugees into criminal activity, such as drug trafficking and robbery, on the northern and southern borders, particularly by domestic criminal groups and transnational criminal organizations that also operated in Colombia. Forced recruitment increasingly took place in schools and targeted young persons, especially young men and adolescents. Continued migrant and refugee arrivals at irregular crossings, due to visa requirements for Venezuelan nationals; increasing xenophobia; and a lack of local and municipal government coordination or capacity to address the protection of particularly vulnerable groups complicated the government’s ability to address and prevent abuses against migrants and refugees. Migrants reported a lack of trust, significant corruption, and xenophobia in public institutions, including within police and the Attorney General’s Office, that made it difficult to report abuse, especially gender-based violence and human trafficking.

Migrants faced abuses such as overtime work without due pay, especially in the growing digital platform sector. According to a union, 80 percent of digital platform workers were migrants.

Freedom of Movement: With the end of the special protocol in August for registering and regularizing unaccompanied minor migrants, they risked being institutionalized.

Access to Basic Services: The law provided for protection and access to health care, education, and other services to all individuals irrespective of their migration status. Nonetheless, some Venezuelan migrant and refugee children remained out of the school system, according to official government statistics. According to NGOs, barriers to the enrollment and retention of refugee and migrant children in school included a lack of information regarding the right to access to education, hidden costs of schooling such as uniforms, lack of classroom space, and in some instances xenophobic attitudes towards Venezuelans, including discrimination and arbitrary documentation requirements for school enrollment.

According to UN agencies and NGOs, refugees encountered discrimination in accessing employment and housing. Recognized refugees received national identification cards intended to facilitate access to education, employment, banking, and other public services; however, refugees and migrants reported that at times employers did not recognize government-issued documents that established their right to work, and international organizations reported that registration documents were often not sufficient to access bank accounts in practice. Further, international organizations and NGO partners reported the public health system had “totally collapsed.” A strained public health system complicated access to health care for migrants and refugees with serious and chronic illnesses, as well as gender-based violence survivors, LGBTQI+ migrants, and sex workers seeking access to sexual and reproductive health services.

Durable Solutions : The government accepted refugees for resettlement and offered naturalization to refugees but recognized very small numbers of Venezuelan refugees. Colombian nationals constituted 96 percent of all recognized refugees. Discrimination and limited access to formal employment and housing affected refugees’ ability to integrate into the local community.

Temporary Protection : Registration for an estimated 350,000 Venezuelans who entered the country irregularly opened on February 16. Previously, in September 2022, the Ministry of Interior opened the registration process to an estimated 120,000 Venezuelan migrants who had entered the country regularly, as well as all unaccompanied minors, regardless of nationality or migration status. Registration for an estimated 90,000 non-Venezuelans who entered the country regularly opened in November 2022. Registration produced a certificate that acted as a temporary residence permit and protected the holder from deportation on migration-related grounds or from incurring migration-related fines while the regularization process was underway. On August 31, registration closed for all groups, after more than 200,000 migrants had completed registration. Through April 2024, registered individuals could request a temporary residency visa from the Ministry of Foreign Affairs. As part of the larger regularization initiative, the Ministry of Social and Economic Inclusion implemented a special procedure to register and regularize 776 unaccompanied minors.

Freedom to Participate in the Political Process

The law provided citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

• Elections and Political Participation

Abuses or Irregularities in Recent Elections : National elections were widely reported to be fair and free of abuses and irregularities.

Participation of Women and Members of Marginalized or Vulnerable Groups: Social media harassment of women politicians and candidates continued. The NGO Participación Ciudadana (Citizen Participation) found 331 derogatory tweets against 38 women in politics and government in a study conducted between January 3 and February 2, which coincided with the official electoral campaign period leading up to the February 5 local and provincial elections. According to the study, derogatory tweets contained discriminatory messaging dealing with the perceived roles of women in society.

Corruption in Government

The law provided criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were numerous reports of government corruption throughout the year.

Corruption : The government launched or continued multiple investigations, judicial proceedings, and legislative audits of officials accused of corruption related to state contracts and commercial endeavors that reached the highest levels of government. In December 2022, President Lasso inaugurated the country’s first specialized court for corruption and organized crime. The court began hearing cases early in the year and won its first convictions in July and August.

On May 25, judge Banny Molina, who granted a habeas corpus that many considered legally dubious to former Vice President Jorge Glas (convicted on corruption charges in August 2022), was charged with unlawful usurpation of power and sentenced to one year in prison. In November 2022, a judge from Santo Domingo Province approved an early release for time served for Glas. Emerson Curipallo, a judge from Guayas Province, restored Glas’s political rights on June 8, despite the law stipulating that Glas’s political rights could be restored only upon completion of his prison sentence. The Electoral Dispute Tribunal fined Curipallo $31,500, removed his political rights, and dismissed him from office on August 24 for interfering in the electoral process.

On February 22, the Attorney General’s Office announced it had filed bribery-related charges against former President Lenin Moreno and 37 others related to the construction of the controversial Chinese government-backed Coca Codo Sinclair dam and hydroelectric plant. Investigations began in 2019, after journalists exposed an offshore Panamanian company with links to Moreno and dam builder Sinohydro’s Ecuadorian lobbyist. The preliminary hearing took place on March 3, and the Attorney General’s Office included three new suspects in the case. The Solicitor General’s Office charged 18 of the 37 persons originally accused by the Attorney General’s Office in June. The case continued as of November 15.

For additional information about corruption in the country, please see the Department of State’s Investment Climate Statement for Ecuador and the Department of State’s International Narcotics Control Strategy Report , which includes information on financial crimes.

Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction to monitor or investigate human rights conditions or cases and publish their findings. Government officials were often cooperative and responsive to the views of these groups.

A human rights organization reported cases in which the government denied or was reluctant to provide updated information to local human rights NGOs who were conducting investigations.

Retribution Against Human Rights Defenders: A human rights organization reported continuous harassment and threats to community-based human rights defenders and their families. As a result, some human rights activists were forcibly displaced from their communities.

Government Human Rights Bodies: The Ombudsman’s Office was an administratively and financially independent body focused on human rights and subordinate to the Transparency and Social Control branch of government. Some human rights groups viewed the Ombudsman’s Office as lacking sufficient initiative and experience to deal effectively with critical human rights cases.

Discrimination and Societal Abuses

Rape and Domestic Violence : The law criminalized rape of men and women, including spousal and intimate partner rape and other forms of domestic and sexual violence. Rape was punishable with penalties of up to 22 years in prison. The law did not specify so-called corrective rape of LGBTQI+ individuals. The penalty for rape where death occurred was 22 to 26 years’ imprisonment. Domestic violence was punishable with penalties ranging from four days to seven years in prison and a substantial fine for “damages, pain, and suffering,” depending on the severity of the crime. The government did not enforce the law effectively.

According to local experts, reporting rapes and other forms of violence continued to be a traumatic and revictimizing process, particularly for girls. For example, a rape survivor had to file a complaint at the Attorney General’s Office and submit to gynecological evaluations (akin to forensic exams designed) administered by medical experts. Many individuals did not report cases of rape and sexual assault due to fear of retribution from the perpetrator and social stigma. Women living in rural areas of the country encountered further difficulties reporting assaults, due to the limited presence of government offices in their towns.

The law provided for reparations to survivors of gender-based violence. The law defined rape, including spousal rape or incest, forced prostitution, sexual harassment, and other analogous practices, as forms of sexual violence. It also entitled survivors to immediate protective measures designed to prevent or stop additional violence, such as police surveillance, placement in shelters, and assistance programs for the survivor and family. These measures were generally enforced.

According to human rights organizations, survivors were generally reluctant to press domestic violence charges. Judges lacked specialized training for dealing with gender-based violence, and the court system was insufficiently staffed to deal with the caseload.

Other Forms of Gender-based Violence or Harassment : The law provided for penalties of one to five years in prison for sexual harassment. The law mandated that judges prohibit contact between the aggressor and the survivor to prevent revictimization and intimidation, and the law was generally enforced. Despite the legal prohibition of sexual harassment and government implementation of the law, women’s rights organizations said survivors tended not to report alleged harassment and that harassment remained common in public spaces, including on social media.

In November 2022, the government elevated the Secretariat of Human Rights to a ministry, renamed the Ministry of Women and Human Rights. Civil society and international organizations reported slow progress in government efforts to prevent femicides and implement the Unified Registry of Violence Against Women, as stipulated by law.

As of August 23, the Attorney General’s Office reported 64 femicides, on track to exceed the 88 total femicides in 2022. The Attorney General’s Office also reported the judiciary had sentenced individuals involved in 13 of the 88 femicide cases in 2022.

Police Lieutenant Colonel German Caceres, sought for allegedly killing his spouse in September 2022, was captured by Colombian police in December 2022. Caceres confessed to the crime of femicide, and on May 25, a judge sentenced him to 34 years and eight months in prison. The judge also ordered Caceres to pay $260,000 in compensation to the victim’s family.

Discrimination: The constitution afforded women the same legal status and rights as men. Nevertheless, discrimination against women was prevalent, particularly with respect to economic opportunities for older women and for those in the lower economic strata. Women continued to face wage disparities compared with men. NGOs said women also faced discrimination in job recruitment, housing access, and some judicial proceedings, namely, in reporting and filing charges in cases of alleged sexual abuse.

According to union leaders, employers continued to assign women heavier workloads, forcing them to “clean up” workstations afterhours, especially in the agricultural sector. A workers’ association alleged this also occurred in a textile factory where women regularly worked overtime and did not receive minimum wage. Official statistics showed that in July, the average monthly income for an employed man was 22 percent higher than for an employed woman.

On January 10, the National Assembly approved a “violet economy law” to promote gender equality in the labor market. The law mandated that men and women in the public and private sectors receive equal pay; that companies with three or more members on their boards of directors ensure that at least one of them be a woman; that protocols exist to prevent sexual harassment and deal promptly and fairly with complaints; and that companies refrain from asking discriminatory questions during selection processes or request different or additional documents to verify women’s competencies. The law also strengthened the labor inspection system to adequately address gender issues. Private companies were to receive tax incentives when creating jobs for women.

On May 12, the legislature passed the “human care law,” which created and extended workers’ paid and unpaid leave for the birth of a child. The law extended nursing leave by three months, added five days of paternal leave after the baby was born, and granted paid leave to attend medical checkups for both parents during pregnancy, labor, and birth. The law provided for permanent lactation rooms in offices with 50 or more women of childbearing age and 20-minute breaks every two hours to use the rooms. At the worker’s request, employers were required to provide child care onsite or pay for offsite child care for children under five years of age.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Some women’s rights activists complained that a lack of comprehensive sex education limited individuals’ ability to manage their reproductive health and that ineffective distribution of birth control reduced access to contraception. Emergency contraception was available as part of methods for family planning; however, conservative groups’ stance against contraceptive use and social stigma, including potential social ostracization, discouraged women from seeking family planning services.

The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception and postexposure prophylaxis was available as part of clinical management of rape.

A 2019 study found income status affected equity in sexual and reproductive health access and outcomes, with low income and rural individuals having significantly less access. UN agencies reported that vulnerable populations, including Afro-Ecuadorians, Indigenous groups, rural inhabitants, LGBTQI+ individuals, persons with disabilities, HIV-positive persons, and migrants, faced limited access and discrimination regarding the provision of reproductive health services. Adolescents also encountered barriers to access reproductive health services.

International organizations said public hospitals continued to face problems when stocking and restocking emergency contraception materials nationwide. Organizations reported that despite government efforts to make contraception materials available, the lack of supply and demand studies to accurately calculate quantities, delays in delivering material from central warehouses to local hospitals, the lack of updated population statistics, and unpredictable migration flows complicated these efforts.

While the law prohibited discrimination against girls who become mothers, NGOs reported some faced discrimination and subsequently left school. A lack of resources also resulted in young mothers discontinuing their education to pursue work.

Following a 2020 Inter-American Court of Human Rights ruling that held the state accountable for failing to protect the rights of a girl who was harassed and sexually abused by her school’s vice rector, which led to her suicide, the Ministry of Education launched the National Strategy for Comprehensive Sex Education on August 14. Although several international and civil society organizations applauded the initiative, they reported that implementation remained the initiative’s biggest problem.

• Systemic Racial or Ethnic Violence and Discrimination

The constitution declared the state to be plurinational and affirmed the principle of nonviolence and nondiscrimination by recognizing the rights of Indigenous, Afro-Ecuadorian, and Montubio (an independent ethnic group of persons with a mixture of Afro-Ecuadorian, Indigenous, and Spanish ancestry) communities. It also mandated affirmative action policies to provide for the representation of minorities. NGOs and civil society representatives said those provisions were not effectively enforced.

Citing 2021 official data, media reported Indigenous, Afro-Ecuadorian, and Montubio populations experienced the highest poverty rates in the country. Among those populations, the most affected were Indigenous children, followed by Montubio girls.

Afro-Ecuadorians, who accounted for approximately 4.8 percent of the population according to the most recent census (2022), suffered pervasive discrimination, particularly regarding educational and economic opportunity. Afro-Ecuadorian organizations noted that despite the absence of official discrimination, societal discrimination and stereotyping in media continued to result in barriers to employment, education, and housing. A national gender survey published in 2019 found Afro-Ecuadorian women were particularly vulnerable to gender-based violence and harassment based on racial, gender, and sexual stereotypes.

An Afro-Ecuadorian rights NGO reported media discriminated against Afro-Ecuadorians. Local human rights NGO Regional Human Rights Advisory Foundation reported that while conducting an operation, military personnel approached a young Afro-Ecuadorian on May 29 in Quito when he was walking home after school. A news outlet was broadcasting the operation live, and journalists misconstrued the boy’s presence and described him as an alleged criminal. A local human rights group provided legal assistance to the family and filed an injunction on June 12, arguing the journalists had violated his right to equality, nondiscrimination, identity, and good name, and demanding the journalists clear his name. On July 7, a judge rejected the injunction.

Afro-Ecuadorians reported employers often profiled them based on their job application photographs and racial stereotypes.

Indigenous and LGBTQI+ individuals as well as persons with disabilities also experienced employment discrimination.

• Indigenous Peoples

There were isolated reports of restrictions on Indigenous persons and their institutions in decisions affecting their property or traditional ways of life.

The law provided Indigenous persons the same civil and political rights as other citizens. The constitution recognized Kichwa and Shuar as “official languages of intercultural relations.” The constitution obligated the state to consult local communities and Indigenous persons prior to initiation of projects on their lands through a process that was free, informed, and culturally appropriate (FPIC), although Indigenous peoples’ organizations noted public- and private-sector actors often ignored this process. In 2008, Indigenous leaders began pressing the government to formally consult its communities affected by extractive activities, but the government had yet to pass a national-level community consultation law.

The constitution allowed Indigenous persons to participate in the economic benefits that natural resource extraction projects brought and to receive compensation for any damages that resulted. In the case of environmental damage, the law mandated immediate corrective government action and full restitution from the responsible company, although some Indigenous organizations asserted a lack of consultation and remedial action. The law recognized the rights of Indigenous communities to hold property communally, although the titling process remained incomplete in parts of the country.

On May 31, the government reformed the law that regulated the environmental consultation process (different from FPIC) required prior to granting environmental licenses for projects that impacted the environment within a community. The process consisted of informing involved communities regarding the details of extraction projects that would impact the environment (but not necessarily obtaining consent from those communities).

Human rights organizations reported violent confrontations on July 14 between antimining activists and police in Las Naves, Bolivar Province, during an information session for a mining project. The clashes resulted in two arrests and 10 individuals injured. Antimining activists alleged the government deployed a disproportionate police and military force to the area to safeguard the process and repress protesters. The Confederation of Indigenous Nationalities of Ecuador filed a lawsuit questioning the reform’s constitutionality. The Constitutional Court accepted the case on August 1, which suspended the application of the new regulation, halting 178 key infrastructure, mining, renewable, and oil and gas projects for an unspecified amount of time.

Birth Registration : According to UNICEF, registration of children with teenage mothers and fathers continued to pose a problem for the government, since the law required underage parents be accompanied by an adult to register their children. While the law prohibited schools from requesting civil registration documents for enrollment, some (mostly public) schools continued to require them. Other government services, including welfare payments and free primary health care, required some form of identification. Migrant children were particularly affected by this requirement, which prevented adequate access to these services.

Child Abuse : The law criminalized child abuse and provided penalties of 30 days to 26 years in prison, depending on the severity of the abuse. The government enforced the law effectively.

Child, Early , and Forced Marriage : The legal marriage age was 18. There were reports of early and forced marriage in rural and poor areas. The government did not enforce the law effectively.

According to a study by the Planning and Social Studies Center, Plan International, the UN Population Fund, and UNICEF, 27 percent of women ages 18-49 married or entered a domestic partnership before they turned 18. The study showed girls belonging to the poorest quintile were four times more likely to marry by age 18 compared with girls in the richest quintile.

Sexual Exploitation of Children : The law prohibited the sale, grooming, or use of children for commercial sexual exploitation, including sex trafficking, sexual exploitation of children, and child pornography, with penalties of 22 to 26 years’ imprisonment. The government enforced the law effectively. The penalty for human trafficking, including child sex trafficking, was 13 to 16 years in prison. Authorities did not criminalize all forms of child sex trafficking. The criminal code required proof of force, fraud, or coercion as essential elements of a trafficking crime, neglecting to recognize that anyone younger than age 18 was unable to provide informed consent. The age of consent was 14.

• Antisemitism

There was a small Jewish community, including an estimated 500 individuals in Quito, 50 individuals in Guayaquil, and an unspecified number of individuals elsewhere in the country. The Jewish community reported the vandalization of an external wall of the Jewish cemetery in Quito with Nazi symbols on January 27. The community painted over the wall and decided not to take legal action against the aggressors.

• Trafficking in Persons

See the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/ .

• Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics

Criminalization: No laws criminalized same-sex conduct or gender identity or expression.

Violence and Harassment : The NGO Silueta X reported 25 killings of LGBTQI+ individuals as of November 20. The killings were allegedly perpetrated by nonstate actors. LGBTQI+ organizations claimed government institutions in general failed to properly register and categorize violent acts against the LGBTQI+ community, leading to underreporting. LGBTQI+ groups claimed police and prosecutors did not thoroughly investigate deaths of LGBTQI+ individuals, including when there was suspicion that the killing was motivated by anti-LGBTQI+ bias. The NGO Fundación Ecuatoriana Equidad (Ecuadorian Equality Foundation), a sexual health and LGBTQI+ advocacy group, cited police and prosecutors’ lax attitude and the lack of technical capacity and knowledge regarding LGBTQI+ individuals to explain insufficient investigations into crimes committed against LGBTQI+ persons.

The law also prohibited hate crimes, but LGBTQI+ activists asserted that since the legal codification of hate crimes in 2008, there had been no hate crime convictions for crimes against LGBTQI+ persons.

Discrimination: The constitution included the principle of nondiscrimination with respect to gender identity or sexual orientation. The law prohibited discrimination based on sexual orientation and gender identity. LGBTQI+ persons continued to suffer discrimination from both public and private entities, particularly in education, employment, and access to health care. LGBTQI+ organizations reported transgender persons suffered more discrimination because they were more visible. The law recognized LGBTQI+ couples but did not allow same-sex adoption. For this reason, the law did not grant LGBTQI+ couples rights equal to rights of other persons.

LGBTQI+ persons continued to report the government sometimes denied them equal access to formal education. Fundación Ecuatoriana Equidad indicated the government did not comprehensively apply policy provisions to prevent and combat discrimination. LGBTQI+ students, particularly transgender students, sometimes were discouraged from attending classes and were more susceptible to bullying in schools. Human rights activists argued the Ministry of Education and school administrators were slow to respond to complaints regarding harassment, discrimination, or abuse against LGBTQI+ persons.

LGBTQI+ persons involved in the commercial sex trade reported abusive situations, extortion, and mistreatment by security forces. In March, sex workers in Quito filed an unprecedented injunction against Quito’s then Mayor Santiago Guarderas, who proposed to relocate them outside the city’s historic center to remote locations, which they perceived would have been detrimental for their work. Local judges initially ruled in their favor, and as of August 3, the plaintiffs were awaiting the municipality’s decision whether to appeal the ruling. According to a spokesperson for the plaintiffs, transgender sex workers would be among those most affected by a possible relocation.

Availability of L egal G ender R ecognition: The law prohibited changing gender on identity documents for LGBTQI+ persons younger than 18, even with parental consent. As of August 2, a decision remained pending in a case before the Constitutional Court to determine the age at which transgender underage individuals could change their identity information.

In May 2022, the Constitutional Court ruled the Office of the Civil Registry could change an individual’s sex on record at the person’s request without requesting any additional documents. An LGBTQI+ organization reported that despite the ruling, there were cases in which the Office of the Civil Registry denied individuals their right to change their sex on record. The same organization also noted migrants were more vulnerable to the denial of this right. The court also ordered the National Assembly to “discuss and approve a bill to regulate the procedure for changing the sex of transgender persons.” As of October, no bill had been approved.

Involuntary or C oercive M edical or P sychological P ractices: An LGBTQI+ organization reported the existence of clandestine private treatment centers confining LGBTQI+ persons against their will to “cure” or “dehomosexualize” them despite the illegality of such treatment. LGBTQI+ organizations reported the practice persisted under the guise of religious or “wellness” retreats or drug addiction treatment centers. According to one LGBTQI+ organization, the government, with support from civil society organizations, had some success in identifying and closing such institutions. Another LGBTQI+ organization claimed the Attorney General’s Office had not taken any action against the individuals who ran these establishments. There were no reports medically unnecessary and irreversible “normalization” surgeries were performed on children or on nonconsenting adult intersex persons.

According to human rights NGO Diálogo Diverso (Diverse Dialogue), many individuals confined to the “clinics” were afraid to report involuntary or coercive practices because in most cases their family members forced them into the “treatments.” The NGO reported that in 2022, 19 percent of young LGBTQI+ individuals reported being forced to receive “treatment” to change their gender identity or sexual orientation. LGBTQI+ organizations also reported relatives took LGBTQI+ persons to neighboring countries, where clinics reportedly used violent treatments, including rape, to attempt to change LGBTQI+ persons’ sexual orientation. With support from civil society groups, the government established an interagency roundtable on May 10 to provide effective and coordinated responses to the dangers posed by these so-called clinics.

Restrictions of F reedom of E xpression, A ssociation, or P eaceful A ssembly: In June, Guayaquil mayor Aquiles Álvarez did not approve a permit to allow the annual pride parade to pass through one of the city’s main avenues as it had since 2000, claiming it would cause “great impact to traffic.” Instead, the municipality offered secondary roads for the parade, which civil society organizations interpreted as a way of “hiding” LGBTQI+ individuals. Several LGBTQI+ organizations filed an injunction that led to a judge reversing the mayor’s decision. Álvarez allowed the parade to take place as long as there was not any “disorderly conduct, no nudity, and no mockery.”

• Persons with Disabilities

The law prohibited discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law stipulated persons with disabilities had the right to health care and health insurance; to employment and job security; to education, including programs for scholarships and student loans; and to access buildings, transport, and communications. The government did not fully enforce the law.

By law, children with disabilities could attend specialized schools, but all educational establishments were required to accommodate students with disabilities. An advocacy NGO for persons with disabilities said nonspecialized institutions lacked the capacity and staff to accommodate the range of disabilities. The NGO said children with disabilities attended primary and secondary education at similar rates to other children, but they attended higher education at lower rates due to a lack of access to quality support and accessible infrastructure. According to the NGO, the lack of interagency coordination especially in the public sector hampered the possibility for persons with disabilities to transit smoothly from high school to universities or technical institutions and then to an independent life.

The law required that 4 percent of employees in all public and private enterprises with more than 25 employees be persons with disabilities, and it gave the Ombudsman’s Office responsibility for following up on alleged violations of the rights of persons with disabilities, stipulating fines and punishments for lack of compliance. As of 2021, approximately one-half of enterprises complied with the law.

• Other Societal Violence or Discrimination

Fundación Ecuatoriana Equidad said that although HIV-positive individuals were registered with the social security system, diagnosis, follow-up testing, and treatment continued to be inadequate due to mistreatment toward patients. The NGO said most HIV-positive individuals abandoned treatment due to discrimination from health-care providers.

Although Ministry of Labor regulations prohibited discrimination against hiring HIV-positive individuals and banned HIV tests as entry requirements for a job, LGBTQI+ organizations argued many employers continued requiring tests.

Worker Rights

• a. Freedom of Association and the Right to Collective Bargaining

The law, with exceptions, provided certain workers the right to form and join trade unions of their choice, to bargain collectively, and to strike. The law required a minimum of 30 workers for the creation of an association, work committee, or labor union, regardless of the total number of employees in the workplace. The law did not allow foreign citizens to serve as trade union officers.

The law prohibited the dismissal of union members from the moment a union notified the labor inspector of its general assembly. Employers were not required to reinstate workers fired for union activity but were required to pay such workers compensation and a fine of one year’s annual salary for everyone wrongfully dismissed. Individual workers still employed could take complaints against employers to the Labor Inspection Office. Individuals no longer employed could take their complaints to courts charged with protecting labor rights. While courts upheld the right for sectoral unions to negotiate, the government failed to issue implementing regulations, thus preventing negotiations.

Unions could take complaints to a tripartite arbitration board established to hear their complaints. Despite the legal obligation to begin mediation within 48 hours of issuing a complaint, these procedures often were subject to lengthy delays because the Ministry of Labor lacked the skills and staff to address all arbitration requests and appeals. All private employers with unionized employees were legally required to negotiate collectively when the union so requested.

Ministerial resolutions allowed for the use of certain types of short-term or outsourcing labor contracts, with specific provisions for the flower, palm, fishing, livestock, and construction sectors. Unions alleged contracts could be used to undermine the right to organize. For example, employers could refuse to renew a short-term or temporary contract to a worker who was attempting to organize a union, or they could outsource workers to prevent collective bargaining.

The right for workers to organize at a sectoral level was recognized by the courts but was not always implemented. In 2021, a provincial court ordered that the Ministry of Labor recognize the Trade Union Association of Agricultural Banana Workers and Peasants as a sector-wide union for banana workers, and the court tasked the Ombudsman’s Office with monitoring the decision’s implementation. This decision followed requests by the International Labor Organization to permit sector-wide union organizing in compliance with international labor standards.

The law provided for the right of private-sector employees to strike and conduct three-day solidarity strikes or boycotts on behalf of employees in other industries but only after multiple mandatory steps had been taken. The law established that before most strikes, collective labor disputes had to be referred to courts of conciliation and arbitration.

The law required a 10- to 20-day “cooling-off” period from the time a strike was declared before it could take effect. During this time, workers and employers had to agree on how many workers were needed to ensure a minimum level of service; at least 20 percent of the workforce had to continue to work to provide essential services. The law provided the employer could contract substitute personnel only when striking workers refused to send the number of workers required to provide the minimum necessary services. Contracting substitute personnel was effectively impossible, however, as the law did not provide for time-limited, seasonal, hourly, or part-time contracts.

The law prohibited formation of unions and restricted the right to collective bargaining and striking of public-sector workers in a long list of “strategic sectors,” including environmental sanitation, education, justice, social security, electrical energy, hydrocarbon production, fuel processing, transport and distribution, public transportation, and postal service and telecommunications, which exceeded the International Labor Organization standard for essential services. Workers in these sectors attempting to strike could face charges with penalties of two to five years’ imprisonment. The government effectively enforced the law on “strategic sectors.” All unions in the public sector fell under the Confederation of Public Servants. Although most public-sector workers also maintained membership in labor-sector associations, the law did not allow such associations to bargain collectively or to strike. The law specified that only the private sector could engage in collective bargaining.

The government did not effectively enforce all applicable law. Penalties were commensurate with those for other laws involving denial of civil rights, such as discrimination. Penalties were rarely applied against violators.

Employers did not always respect freedom of association and collective bargaining, and labor rights advocacy groups said that influential business interests tied to local officials sometimes used criminal proceedings to restrict workers’ right to unionize. Unions reported the Ministry of Labor delayed unions’ requests to update their boards of directors, which led to delayed registration. Labor unions and associations reported difficulties and delays in registering unions in the ministry due to excessive and ever-changing requirements – sometimes not stated in the regulations – and ministry staff shortages.

There were several cases in which employers fired leaders of new unions while the unions were awaiting ministry registration. Even if a court supported a union’s registration efforts, dismissed leaders were entitled only to compensation, not reinstatement, which undermined the union’s ability to form. In addition, dismissed union leaders could not turn to the Ministry of Labor but had to go through the courts.

Independent union leaders alleged there were unions controlled by the government that received preferential treatment in administrative processes as well as invitations to roundtables to discuss labor policies.

• b. Prohibition of Forced or Compulsory Labor
• c. Prohibition of Child Labor and Minimum Age for Employment

See the Department of Labor’s Findings on the Worst Forms of Child Labo r at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/   .

• d. Discrimination (see section 6)
• e. Acceptable Conditions of Work

Wage and Hour Law s : The law provided for a minimum monthly wage, which was above the poverty income level. The law limited the standard work period to 40 hours a week, eight hours a day, with two consecutive days of rest per week. Minors were limited to six hours a day and could work only one additional hour a day with premium pay. Overtime was limited to no more than four hours a day and a total of 12 hours a week. Mandatory overtime was prohibited. The law mandated prison terms for employers who did not register domestic workers with the Social Security Administration.

The law allowed employers and employees to enter into force majeure agreements, although the dismissal of an employee was permitted only if the business ceased operations permanently. The law also permitted employers to reduce working hours and salaries by up to 50 and 45 percent, respectively, by signing “emergency contracts” with their employees to prevent job losses. Citing government data, media reported that as of June 2022, companies had enrolled 111,826 workers under “emergency contracts”; most were in the agriculture, manufacturing, and trade sectors. Unions and labor organizations said the law enabled precarious work conditions, reduced wages below the minimum wage, and allowed unfair dismissals without due compensation because of employers’ leverage over employees. In 2021, the Constitutional Court declared the force majeure provision unconstitutional, arguing it was “incompatible with the right to legal certainty recognized in the constitution.” In June 2022, the National Assembly approved a partial repeal of the law, but the president vetoed the repeal in July 2022, which prevented the legislature from addressing it for a one-year period. Labor unions filed a lawsuit with the Constitutional Court the same month challenging other provisions in the law. The law remained in effect.

Labor leaders and NGOs said there were no specific sectors with a concentration of alleged violations of wage, hour, or overtime laws. They reported the number of complaints against public and private companies in the service, agricultural, and manufacturing sectors, however, was rising because of perceived unfair dismissals, mostly under “emergency contracts” as provided in the law. They stated women and young workers were sometimes vulnerable to wage exploitation in the informal sector, and that domestic and service-sector workers sometimes had to accept conditions including unpaid or underpaid overtime.

Occupational Safety and Health: The law provided for the health and safety of workers and outlined occupational safety and health (OSH) standards, which were appropriate for the country’s main industries. Authorities could conduct labor inspections of formal workplaces either by appointment, after a worker complaint, or through unannounced visits. If a worker requested an inspection and a Ministry of Labor inspector confirmed a workplace hazard, the inspector then could close the workplace. Labor inspections generally occurred because of complaints, not as a preventive measure. In some cases, violations were remedied, but other cases were subjected to legal challenges that delayed changes for months.

Workers in the formal sector could generally remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Labor representatives from the agricultural sector said they registered cases in which employers forced workers to return to plantations shortly after fumigations took place, risking illness or bodily harm.

Wage, Hour , and OSH Enforcement: The Ministry of Labor was responsible for enforcement of wage, hour, and OSH laws. The government did not effectively enforce the laws. Inspectors had the authority to make unannounced inspections. The ministry issued fines for wage and hour law and OSH violations. Penalties were commensurate with those for similar crimes, such as fraud or negligence, but were rarely applied to violators. The ministry had an insufficient number of inspectors to ensure compliance.

The law singled out the health and safety of miners, but the government did not enforce safety rules in informal, often illegal, small-scale mines (frequently linked to local community leaders and criminal groups), which made up the vast majority of mining enterprises. Migrants and refugees were particularly vulnerable to hazardous and exploitative working conditions. According to media and labor associations, local organizations reported complaints of Venezuelans receiving below the minimum wage, particularly in the informal sector. Gig workers reported conditions that did not follow wage, hour, and safety laws.

The informal sector employed 55 percent of the working population as of July. The government did not enforce applicable labor laws in this sector. Wage, hour, and OSH regulations and standards did not apply to workers in the informal sector.

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U.S. Department of State

The lessons of 1989: freedom and our future.

Latah County Human Rights Task Force

Strengthening the bonds of community to embrace diversity and reject bigotry..

Welcome to the Latah County Human Rights Task Force webpage!

Click here to register for united against hate..

A little about us and ways to become involved!

Our 2023 Martin Luther King, Jr. Breakfast on January 21st was a great success with an excellent presentation by Dr. Scott Finnie. A video of the Breakfast, including the Rosa Parks Awards and Dr. Finnie’s speech is now available here: 2023 Breakfast and Friends of Human Rights .

The Rosa Parks Award winners are available here: 2023 Rosa Parks Award Winners | Latah County Human Rights Task Force (humanrightslatah.org)

The Art and Essay Contest winners are available here: 2023 Art and Essay Contest Winners | Latah County Human Rights Task Force (humanrightslatah.org)

Dr. Scott Finnie’s Keynote address at the 2023 MLK Jr. Breakfast:

AREA RESPONSE TO ANTISEMITISM

Check out the recent Palouse Pride Day under Recent Events here: Palouse Pride Day 2021

Our mission:  To work for social justice for all people by supporting diversity, respect, and inclusiveness, while opposing bigotry, harassment, and discrimination.

Please click our Announcements tab for current or upcoming events. (For upcoming events visit: Upcoming Events )

These are annual events that the Task Force currently sponsors:

• Martin Luther King Art and Essay Contest – January
• Presentation of Rosa Parks Human Rights Achievement Awards – January
• Human Rights Day at the Moscow Farmer’s Market – September (Visit: HR Day )
• Great Moscow Food Drive – August
• Human Rights Education Programs for Area Schools – throughout the school year

and we encourage you to attend or support us in these events.

Meetings of the Latah County Human Rights Task Force are generally held the second Thursday of each month, and you are welcome to attend.

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If you are interested in joining, volunteering, or attending a meeting, please see our Contact Us page: Contact Us