VULNERABLE GROUPS AND

HUMAN RIGHTS
3 WEEKS AGO

INTRODUCTION

There is a certain group of a human being which either by nature or because of deep-rooted
custom are weak and vulnerable, such as a child, women, disabled persons, aged persons,
migrant workers or persons belonging to a particular race. However, they were a human being
possesses a human right and fundamental freedom. But their rights have been violated very
frequently by the dominant section of the society.

A number of the convention have been concluded under the auspices of the United Nation to
protect their rights which are as follows:

WOMEN

Women constitute almost half of the world population. However, their enjoyment of rights
equally with that of men is far from satisfactory. In every society from ancient to modern times,
women are considered as the property of men to serve their interests in both society and the
domestic front. In order to halt such practices, the UN and the international community have
evolved a number of methods to augment the rights of women on par with men without any
kind of discrimination.

The most prominent human rights document concerning the human rights of women is the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
This convention became effective in September 1981, and at least 170 countries have approved
the convention. The Preamble to the Convention on the Elimination Against Women explains
that, despite the existence of other instruments, women still do not have equal rights with men,
Discrimination Against Women continues to exists in every society.

The Convention under Article 1 defines the term discrimination against women as any
distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by the women, irrespective of
their marital status on a basis of equality of men and women, of human right and fundamental
freedoms in the political, economic, social, cultural, civil or any other field.

The Convention under Part III lays down a number of fields where States Parties are required
to take steps to eliminate discrimination against which includes the following: –

1. EDUCATION
2. EMPLOYMENT
3. HEALTH CARE
4. ECONOMIC AND SOCIAL LIFE
5. WOMEN IN RURAL AREAS
6. EQUALITY BEFORE LAW
7. MARRIAGE AND FAMILY RELATIONS

India has ratified the Convention on the Elimination of ALL Forms of Discrimination Against
Women (1979). Ratification of the Convention obliges India to honor the obligations imposed
by the Convention. In Madhu Kishwaar v. State of Bihar (AIR. 1996 p.2178), it was held
that by the Supreme Court that the Convention on the Elimination of All Forms Of
Discrimination Against Women is an integral scheme of the Fundamental Rights and the
Directive Principles. Article 2(e) of CEDAW enjoins the States Parties to breathe life into the
dry bones of the Constitution International Convention and the Protection of Human Rights
Act, to prevent gender-based discrimination and to effectuate right to life including
empowerment of economic, social and cultural rights. Article2(f) read with Articles 3,14 and
15 of CEDAW embodies the concomitant right to development as an integral scheme of the
Indian Constitution and Human Right Act.

In a traditional society like India, where many women goddess is worshipped with a lot of
devotion and respect, when it comes to equal treatment of their biological partners, both men
and society keep them in low profile. Many times they are considered as servants of the home
and are looked at as sexual objects. Their economic capacity is deprived to make them
dependent on the male-dominated society. The traditional, economic, social and cultural
disbeliefs and age-old customary practices of intimidating cruel practices that are prevalent in
many parts of the world have to be halted with a welcome sign of considering them as partners
in progress.

CHILD

The childhood is entitled to special care and assistance and child should grow up in a family
environment, in an atmosphere of happiness, love, and understanding. The Convention on the
Rights of the child (CRC) was adopted on November 20, 1989, and 196 states are party to it
CRC provided a bill of rights for children. The CRC is the first globally binding treaty for the
protection of children’s civil, political, economic, social and cultural rights. CRC, in fact,
provided a bill of rights for children. The Convention under Article 1 states that a child means
every human being below the age of eighteen years unless, under the law applicable to the
child, a majority is attained earlier.

India has ratified the Convention on the Rights of the Child of 1989 which provided under
Article 28 Para (1) for compulsory primary education which shall be available free to all. India
has, therefore, an oblige action to implement the above provision of the Convention. No doubt,
more children than ever before going to schools, free primary education to all children could
not be provided due to other pressing social and economic problems which have surpassed
importance due to other pressing social and economic problems which have surpassed
importance due to a child.

Child labour in India

Child labour is conventionally defined to include all ‘economically active’ children in the age
group 5-14 years. A person is treated as economically active or gainfully employed if she/he
does work on a regular basis and receives remuneration for it. The ILO defines ‘child labour’
as “work that deprives children of their childhood and their dignity, which hampers their access
to education and the acquisition of skills, and which is performed under deplorable conditions
harmful to their health and their development.”

The Indian constitution under article 24 provides that no child below the age of fourteen years
shall be employed in any factory or mine or engaged in any other hazardous employment. The
above provision was made in order to protect children from exploitation and to provide them
with the education so that they may develop their personality and may live a dignified life. The
framers of the Constitution were aware that the prohibition of labour alone is not enough and
therefore article 45 was inserted which provided that the state shall endeavour age of fourteen
years. Despite the above constitutional prohibition on child labour, children are working Large
number I hazardous as well as non- hazardous work.

In India, the Employment of Children Act of 1938 was the first statutory enactment dealing
with child labour. The ACT had prohibited employment of children below 14 years of age in
the railways and other means of transport, However, the schedule appended into the act did not
specify many other which are unquestionable hazardous.

The enactment of child labour (Prohibition and Regulation) Act of 1986 is indeed the bold step
to prohibit the Childlabour. Section 3 of the Act prohibited employment of children in certain
occupations and processes. Section 14 of the Act has provided for punishment for up to one
year (minimum being three months) or fine up to Rs. 20000.00 (minimum being Ten Thousand)
or both to one who employs or permits any a child to work, in contravention of a provision of
Section 3.

The Act was limited in scope in the sense that children can continue to work if they are part of
family or labour. Further, children may continue to work in industries which are not specified
in Part A and Part B of the schedule appended to the Act. The Act also did not lay as to the
rehabilitation of the child once the employer is prosecuted.

In order to expand the scope, the ban on child labour in the year 2006 a notification was issued
by the Government which amended the Child Labour (Prohibited employment of Children
under the age of 14 as domestic servants or indhabas (roadside eateries) restaurants, hotels, tea
shops, resorts, spas and recreational centers. The ban is accompanied by provisions imposing
punishment which include a jail term up to one year and fine of RS 20,000/- The above
notification came into force from October 11, 2006. It is to note that, the list of Professions that
are deemed hazardous was further expanded in 2008 through a notification issued by the
Ministry of Labour and Employment which included 15 hazardous occupations and 9 processes
on the list of 57 practices prohibited under the Act.

M.C. Mehta v. State of Tamil Nadu (AIR SC 1997) wherein it was ruled in Para 27 that the
offending employer must pay compensation of Rs. 20,000 for every child employed in
contravention of the provisions of the Act and the Inspectors, whose appointment is visualized
by Section 17 have to secure compliance with this provision. The said sum could be deposited
in a fund to be known as the Child Labour Rehabilitation-cum-Welfare Fund.

It was held that an order for paying compensation is in terms of the direction of the Supreme
Court and that cannot be confused with a leavy of fine by way of penalty under Section 14 of
the Act. The penal fine is different from compensation.

The prevention of child labour is a gigantic task. The only way by which it can be prevented is
to provide education to the children.it is one of the most effective instruments for the prevention
of child labour. Children are not expenses they are an investment. They shape the future of the
country. It is the duty of the parents, NGO’s and the government to see that every child goes
to school.

MIGRANT WORKERS

Migrants are a particularly vulnerable group and find their rights routinely violated. In order to
eliminate widespread discrimination against the migrant workers and members of
their families, a Convention was adopted by the General Assembly on December 18, 1990,
which knowns as the International Convention on the Protection of the Rights of all migrants’
workers and members of their families. The Convention came into force on July 1, 2003, in
accordance with Article 87 Para 1 of the Convention. As on February 3, 2016, the Convention
had 48 States Parties. The 93 Article Convention is divided into nine parts which cover its
scope and definitions, non- discrimination, human rights of all migrant workers irrespective of
their status, other rights of those who are documented or in a ‘regular situation’.

A migrant worker has been defined under Article 2 of the Convention as a person who is to
been engaged or has been engaged in a remunerated activity in a State of which he or she is not
a national. The expression ‘member of the family’ has also been defined under Article 4 as
persons married to migrant workers or having with them a relationship that, according to
applicable law, produces effects equivalent to marriage, as well as their dependent children and
other dependent persons who are recognized as member of the family by applicable legislation
or applicable bilateral or multilateral agreements between the States concerned.

REFUGEE

The term refugee has derived from a French word refugee which means to flee for safety.
Customary International Law did not define the term refugee but it treated them like aliens.
Ordinarily, a refugee is referred to those persons who leave their states in which they have
permanent residences to escape persecution or military action. The Convention Relating to the
Status of Refugee of 1951 (the Refugee Convention) defines refugee as a persons as a person
who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, is outside the country of his
nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection
of that country or return there because there is a fear of persecution…

The reasons for persecution must be because of one of the five grounds listed in article 1 A (2)
of the Refugee Convention: race, religion, nationality, membership of a particular social group
or political opinion. Persecution based on any other ground will not be considered.

The race is used in the broadest sense and includes ethnic groups and social groups of common
descent.

Religion also has a broad meaning, including identification with a group that tends to share
common traditions or beliefs, as well as the active practice of religion.

Nationality includes an individual’s citizenship. Persecution of ethnic, linguistic and cultural

groups within a population also may be termed persecution based on nationality.

A particular social group refers to people who share a similar background, habits or
social status. This category often overlaps with persecution based on one of the other four
grounds. It has applied to families of capitalists, landowners, homosexuals, entrepreneurs and
former members of the military.

The political opinion refers to ideas not tolerated by the authorities, including opinions critical
of government policies and methods. It includes opinions attributed to individuals (i.e., the
authorities think a person has a certain political opinion) even if the individual does not, in fact,
hold that opinion. Individuals who conceal their political opinions until after they have fled
their countries may qualify for refugee status if they can show that their views are likely to
subject them to persecution if they return home.

Definitions come into play when countries and organizations attempt to determine who is and
who is not a refugee. A special category is people who may have been forced to flee their
homes for the same reasons as refugees but they have not crossed an international border. These
people are called internally displaced persons. By the end of 2000, there were approximately
11.5 million refugees around the world who had fled their countries for a variety of reasons
and an even greater number of internally displaced persons, between 20 – 25 million, who had
abandoned their homes for similar reasons. Increasingly the majority of current conflicts in the
world involve disputes between political or ethnic groups within countries rather than wars
between countries. Given this trend, the number of persons caught up in conflicts in their own
countries and forced to leave their homes is likely to increase.

Convention Relating to the Status Of Refugees (1951) This was the first international
agreement covering the most fundamental aspects of a refugee’s life. It spelt out a set of human
rights that should be at least equivalent to freedoms enjoyed by foreign nationals living legally
in a given country and in many cases those of citizens of that state. It recognized the
international scope of refugee crises and necessity of international cooperation — including
burden-sharing among states — in tackling the problem. As of 1 October 2002, 141 countries
had ratified the Refugee Convention.

Articles 12 – 30 of the Refugee Convention set out the rights which individuals are entitled to
once they have beenrecognised as Convention refugees:

1. All refugees must be granted identity papers and travel documents that allow them to travel
outside the country
2. Refugees must receive the same treatment as nationals of the receiving country.
3. Refugees must receive the most favourable treatment provided to nationals of a foreign
country.
4. Refugees must receive the most favourable treatment possible, which must be at least as
favourable to that accorded aliens generally in the same circumstances.
5. Refugees must receive the same treatment as that accorded to aliens.

REFUGEES IN INDIA

India is neither a party to the Refugee Convention of 1951 nor its Protocol of 1966. Although
the question of being a Party to the Refugee Convention has been considered by Government
of India time to time. India in the past has not enacted any domestic Legislation in relation to
refugees despite the fact that it has invariably provided refugee to the people fleeing from
countries like Tibet, Bangladesh, Sri Lanka and Afghanistan. It has been estimated that there
are approximately 1,76,000 refugees in India, the vast majority of whom are Afghans. In the
absence of any law, it is not clear as to what shall be the legal status of refugees and what rights
shall accrue to them. It is also not clear how refugee shall be properly identified. The legislation
is likely to have a far-reaching impact on the refugee’s issues but no serious attempt has been
made to enact any law. It is desirable that national legislation is enacted to provide rights to
refugees as they are also human beings. The National Human Rights Commission is of the
opinion that, the drafting and adoption of such laws are essential. The Indian Constitution
provides that some of the Fundamental rights of refugees. Namely, right to equality (Article
14), right to life and personal liberty (Article 21), right to protection under arbitrary arrest
(Article 22), right to protect in respect of conviction of offences (Article 20), freedom of
religion (Article 25), right to approach Supreme Court for enforcement of Fundamental Rights
(Article 32), are as much available to non-citizens, including refugees, as they are to citizens.

The constitutional rights protect the human rights of the refugee to live with dignity. The liberal
interpretation that Article 21 has received now includes right against solitary confinement, right
against custodial violence, right to medical assistance and shelter.

The Supreme Court has taken recourse to Article 21 of the Constitution in the absence of
legislation to regulate and justify the stay of refugees in India. In NHRC v. State of Arunachal
Pradesh (AIR SC, 1996 p.1234), the Government of Arunachal Pradesh was asked to perform
the duty of safeguarding the life, health, and well-being of Chakma’s residing in the State and
that their application for citizenship should be forwarded to the authorities concerned and not
withheld. In various other cases, it was held that refugees should not be subjected to detention
or deportation and that they are entitled to approach the U.N High Commissioner for grant of
refugee status.

The solution to treat refugees with dignity in India is to either ratify the 1951 Convention and
incorporate it into domestic law or enact a uniform legislation specifically for refugees so that
it is not left to the discretion of the executive and the judiciary to decide their fate.

ENFORCED DISAPPEARANCE

Enforced disappearance may be defined as the arrest, detention, abduction or any other form
of deprivation of liberty by agents of the State or by persons or groups of persons acting with
the authorisation, support or acquiescence of the State, followed by a refusal to acknowledge
the deprivation of liberty or by concealment of the facts or Whereabouts of the disappeared
persons which places such a person outside the protection of the law.

Enforced disappearance constitutes a crime and the United Nations has been making efforts to
prevents disappearance. The General Assembly adopted the Declaration on the Protection of
All Persons from Enforced Disappearance in its Resolution 47/133 of December 18, 1992.
Later, on a Convention for the Protection of All Persons from Enforced Disappearance was
adopted which came into force on December 23, 2010. The Convention provided that no one
shall be subjected to enforced disappearance (Article 1, Para 1) Article 1 Para 2 lays down that
no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal
political stability or any other public emergency, may be invoked as a justification for enforced
disappearance.

Enforced Disappearance Constitutes a crime against humanity and each State party shall take
the necessary measures to ensure that enforced disappearance constitutes an offence under its
criminal law.

STATELESS PERSONS

When a person does not possess the nationality of any state, he is referred to as a stateless
person. A person may be without nationality knowingly or unknowingly, intentionally or
through no fault of his own. All individual who have lost their original nationality without
having acquired another, is, in fact, stateless persons. A stateless person does not enjoy those
rights which are conferred to a person in International Law. For instance, their interest is not
protected by any State, they are refused enjoyment of rights which are dependent on
reciprocity.

The Convention relating the Status of Stateless Persons was adopted on September 28, 1954,
by a Conference of Plenipotentiaries convened by the Economic and Social Council to regulate
and improve the status of stateless persons. The Convention came into force on June 6, 1960.
Presently, the Convention has 44 States Parties. The Convention defined the term Stateless
person as a person who is not considered as nationals under the operation of its law. The
Convention gave such persons’ judicial status but no provision was made to reduce or eliminate
statelessness. Thus on December 13, 1975, the Convention on the reduction of Statelessness
was adopted. The Convention under Article 1 stated that a Contracting State shall grant its
nationality to a person born in its territory who would otherwise be stateless: (a) at birth, by
operation of laws, or (b) upon an application being lodged with the appropriate authority, by
or on behalf of the person concerned. Para 3 of Article 1 further stated that a child born in
wedlock in the territory of a Contracting State, whose mother has the nationality of that state,
shall acquire at birth that nationality if it otherwise would be stateless.

DISABLED PERSONS

There are 650 million men, women and children in the World who live with either mental or
physical disabilities. Most of them live in the Developing World. They suffer from
discrimination and lower standards of living. They are very often denied the basic human
rights. They are denied basic educational opportunities and often given menial or poorly paid
jobs. Social attitudes exclude them from cultural life and normal social relations. Persons with
disabilities include those who have long-term physical, mental, intellectual or sensory
impairments which in interaction with various barriers may hinder their full and effective
participation in society on an equal basis with others.

The General Assembly on December 13, 2006, adopted by consensus the Convention on the
Rights of Persons with Disabilities. The Convention came into force on May 3, 2008, after its
ratification by 20 States. As on February 3, 2016, the Convention had 161 States Parties.

The Convention laid down a number of rights to be provided to the persons of disabilities such
as right to life, equal recognition before the law, access to justice, liberty and security of
persons, freedom from torture or cruel, inhuman or degrading treatment or punishment,
freedom from exploitation, violence and access to information, respect for privacy etc.

The Convention also stipulated that persons with disabilities shall have the right to education,
health, work, employment and an adequate standard of living. They shall participate in political
and public life and in cultural life on the equal basis with others.

It is to be noted that the Convention did not create new rights for the persons with disabilities.
However, it specifically mentioned them so that States Parties to the Convention may raise
awareness in the society to foster respect for the rights and dignity of persons with disabilities.

INDIGENOUS PEOPLE

Indigenous People or Aboriginal Peoples are those who were living on their lands before
settlers came from elsewhere. They are the descendants of those who inhabited a country or a
geographical region at the time where peoples of different cultures or ethnic origin arrived, the
new arrivals later becoming dominant through conquest, occupation, settlement or other means,
thus they consider themselves to distinct from other section of the societies. Indigenous people
are also called “first People” tribal peoples, aboriginals, and autochthons. It has been estimated
the number of indigenous people is approximately 370 million and they are spread across 70
countries from Australia to the Arctic. More than half of them live China and India, some 10
million in Myanmar (Burma) and 30 million in South America.

Indigenous and Tribal Peoples in many parts of the World do not enjoy their fundamental rights
in the State in which they live to the same degree as the rest of the Population. Presently, they
are no dominant section of the Society because of their Poverty and illiteracy. They are required
to be provided for their cultural protection on land and human rights by their respective States.

International action to protect the human rights of the indigenous peoples has been limited.
International Labour Organisations (ILO) for the first time in 1953 completed a study that led
to the adoption of a Convention in 1953 on the rights of Indigenous and Tribal Populations
Convention (NO. 107). The Convention was least effective to provide rights to the indigenous
peoples and therefore the ILO in 1989 adopted another Convention which is knowns as the
convention (No.169) concerning indigenous and tribal peoples in Independent Countries which
came into force on September 5, 1991. The General Assembly on September 13, 2007, adopted
a landmark Declaration on Rights of Indigenous Peoples.

OLDER PERSONS

The United Nations is concerned not only with the quality of the life of human beings, but it is
equally concerned with the longevity of the human beings. The United Nation is committed to
helping those countries which are facing the challenge for the needs of elderly persons and
using effectively their contribution to development.

The principle for Older Persons

The General Assembly on December 16, 1991, by a resolution, adopted a set of 18 Principles
for older persons and government were encouraged to incorporate the principle into their
national programs.

These principles were related to the independence, participation, care, self-fulfilment and the
dignity of the older persons. Some of the principles are as follows:

1. Older persons should have the opportunity to work or to have access to other income
generating opportunities.
 2. Older persons should remain integrated with society, participate actively in the formulation
and implementation of policies that directly affect their well-being and share their knowledge
and skills with younger generations.
3. Older persons should have access to health care to help them to maintain or regain the
optimum level of physical, mental and emotional well-being and to prevent or delay the onset
of illness.
4. Older persons should be able to pursue opportunities for the full development of their
potential.
5. Older persons should be able to live in dignity and security and be free of exploitation and
physical or mental abuse.

The Second World Assembly on Ageing took place in Madrid from 8 to 12 April 2002. The
participating countries adopted two key documents: A Political Declaration and the Madrid
International Plan of Action on Ageing, 2002. Both documents included commitments from
Governments to devise and implement measures to address the challenges posed by ageing.
The documents also put forward over 100 recommendations for action based on three priority
themes: older persons and development; advancing health and well-being into old age, and
ensuring enabling and supportive environments. The Assembly gave the United Nations
regional commissions responsibility for translating the International Plan of Action on Ageing
into regional action plans reflecting, inter alia, the demographic, economic and cultural
specificities of each region and serving as a basis for implementing the recommendation.

PERSONS BELONGING TO NATIONAL OR ETHNIC, RELIGIOUS AND LINGUISTIC MINORITIES

The Convention on Civil and Political Rights under Article 27 provided that persons belonging
to ethnic, religious and linguistic minorities shall not be denied the right to enjoy their own
culture, to profess and practice their own religion, or to use their own language. Inspired by the
above, the General Assembly on December 18, 1992, adopted the Declaration on the Rights of
Persons belonging to National or Ethnic Religious or Linguistic Minorities. The Declaration
proclaimed that promoting and Protecting the rights of such minorities contribute to the
political and social stability of states in which they live. The declaration consisting of nine
Articles stated the following rights to such persons.

1. The existence and the national or ethnic, cultural, religious and linguistic identity of minorities
within their respective territories bylaws and other measures. (ARTICLE1)
2. Persons belonging to minorities have the right to enjoy their own culture to profess and
practice their own religion and use their own language. (ARTICLE 2)
3. Persons belonging to minorities have the right to participate in effectively cultural, religious
social, economic and public life. (Para 2, Article 2)
 4. Persons belonging to minorities have the right to participate effectively in decisions on the
national and, where appropriate, regional level concerning the minorities to which they
belong or to regions in which they live, in a manner not incompatible with national legislation
(Para 3, Article 2).
5. Persons belonging to minorities have the right to establish and maintain their own
associations (Para 4, Article 2).
6. Persons belonging to minorities have the right to establish and maintain, without any
discrimination, free and peaceful contacts with other members of their groups and with
persons belonging to other minorities. (Para 5, Article2).
7. Minorities may exercise their right to establish and maintain without any discrimination, free
and peaceful contacts with other members of their groups and with persons belonging to
other minorities (Para 5, Article 2).
8. States should provide adequate opportunities for persons belonging to minorities to learn
their mother tongue and to participate fully in the economic progress and development in
their country (Article 4).

States are required to co-operate on questions relating to persons belonging to minorities, inter
alia, exchanging information and experience, in order to promote mutual understanding and
confidence. Measures were taken by the state to ensure the effective enjoyment of the rights
shall not prima facie be considered contrary to the principle of equality contained in Universal
Declaration of Human Rights.