Integrity Score 240
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Chapter 1 Continues...
In 1948, the UN codified these rights in the Universal Declaration of Human Rights (Annexure 1). In the Indian Constitution adopted by the Constituent Assembly on November 26, 1949, this was codified as Fundamental Rights.
International human rights law is reflected in a number of core international human rights treaties and in customary international law. These treaties include a particular the 1966 International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols. India has ratified these two Covenants during the Janata Government tenure (1977- 79) but the Protocols which establish the procedures have not yet been.
3. DETERRENCE AND PROTECTING HUMAN RIGHTS
While we worry about the impact of counter-terrorism measures on human rights, terrorism has a direct impact on the enjoyment of a number of human rights, in particular the rights to life, liberty and physical integrity. The destructive impact of terrorism on human rights and security has been recognized at the United Nations, notably by the Security Council, the General Assembly, and the new Human Rights Council [the former Commission on Human Rights]. Specifically, Member States have set out that terrorism as that which:
* ...threatens the dignity and security of human beings everywhere, endangers or takes innocent lives, creates and environment that destroys the freedom from fear of the people, jeopardizes fundamental freedoms, and aims at the destruction of human rights;
* ...has an adverse effect on the establishment of the rule of law, undermines pluralistic civil society, aims at the destruction of the democratic bases of society, and destabilizes legitimately constituted Governments;
* ...has links with transnational organized crime, drug trafficking, money-laundering and trafficking in arms, as well as illegal transfers of nuclear, chemical and biological materials, and is linked to the consequent commission of serious crimes such as murder, extortion, kidnapping, assault, hostage-taking and robbery;
Thus, terrorism affects human rights in three ways. First, the terrorist attacks deprive citizens of their lives, limbs and properties and hence their human rights.
To be continued...