Human Rights In Comparative Perspective

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Human Rights in Comparative Perspective, authored by Prof. Haridwar Shukla, is a comprehensive textbook designed for BA 5th Semester Political Science (DSE) under the NEP/CBCS syllabus. The book explores the evolution, theories, institutional mechanisms, and contemporary challenges of human rights in a clear and comparative framework. It equips learners with conceptual clarity, analytical skills, and a deeper understanding of human rights practices across countries. Published by Mahaveer Publications, this textbook serves as an essential academic resource for students, educators, and aspirants preparing for competitive examinations.

CHAPTER 01: Human Rights – Theory and Institutionalism

1. Understanding Human Rights

  • Introduction: Meaning, origin and scope of human rights in modern political thought.

  • Concept of Human Rights: Definitions, philosophical underpinnings and universal character.

  • Kinds, Characteristics and Nature of Human Rights: Civil, political, economic, social and cultural rights; universality and indivisibility.

  • Importance of Human Rights: Relevance in democratic governance, justice, dignity and equality.

2. Philosophical Foundations of Human Rights

  • Utilitarian Rights – Bentham, Mill and the concept of greatest good.

  • Natural Rights – Locke, Rousseau and inherent rights of human beings.

  • Positivist School – Rights based on law and state authority.

  • Asian Values and Human Rights – Cultural perspectives, communitarian view and critiques of Western universalism.

3. Growth and Evolution of Human Rights

Historical development from Magna Carta, French and American revolutions to modern international human rights regimes.

4. Three Generations of Human Rights

  • First Generation: Civil and political rights.

  • Second Generation: Economic, social and cultural rights.

  • Third Generation: Solidarity rights—environment, development, peace, and collective rights.


? CHAPTER 02: Institutional Arrangement

1. United Nations

Structure, role, and initiatives in human rights protection.

2. Universal Declaration of Human Rights (UDHR)

Historical background, principles and global impact.

3. International Covenant on Civil and Political Rights (ICCPR)

Also known as the First Generation of Human Rights, covering liberties, equality before law and political participation.

4. International Covenant on Economic, Social and Cultural Rights (ICESCR)

The Second Generation of Human Rights, ensuring well-being, education, livelihood and social security.

5. The Third Generation of Human Rights

Collective and developmental rights supported by international agreements.

6. The Fourth Generation of Human Rights

Technological and digital age rights—privacy, data protection, AI ethics, information rights.

7. Optional Protocols

Enforcement mechanisms, complaint procedures and additional protections under ICCPR/ICESCR.


? CHAPTER 03: Rights in National Constitutions

1. Rights in the Constitution of South Africa

Post-apartheid human rights framework, equality, affirmative action, social justice and constitutional remedies.

2. Rights in the Constitution of India

Fundamental Rights, DPSPs, constitutional remedies and judicial interpretations strengthening human rights.


? CHAPTER 04: Issues of Human Rights

1. Torture

  • Torture in USA: Forms, policies, and controversies (e.g., custodial torture, terrorism-related interrogations).

  • Torture in India: Custodial violence, police excesses and legal safeguards.

2. Surveillance and Censorship

  • In USA: Mass surveillance, national security measures and freedom of expression.

  • In China: State censorship, digital surveillance and restricted civil liberties.

  • In India: Privacy concerns, digital monitoring, and freedom of speech challenges.

3. Terrorism

  • Terrorism in USA: Impact on civil liberties, human rights concerns after 9/11, and global counter-terrorism policies.

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