Title Human Rights Question No 14 Bill of rights..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: If you are going to study these notes. I’ll recommend you to take lecture of this question for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of Human Rights you can watch lecture of this question from here. https://www.youtube.com/watch?v=oaswjse5SvQ&list=PLXTPClsX 2hdAs7-ojblwItkwAAr1gixSM&pp=iAQB Question # : Write a detailed note on the concept of Bill of Rights in the human rights law? 1. INTRODUCTION: A Bill of Rights in Human Rights Law is a document that lists the basic rights and freedoms everyone should have. It protects people from unfair treatment by the government and ensures equality, freedom, and justice. This concept can be found in national laws, like the U.S. Bill of Rights, or in international agreements like the Universal Declaration of Human Rights (UDHR) and others. These documents are key to protecting human rights around the world. 2. MEANING OF BILL OF RIGHTS: According to Lord Scarman: “A Bill of Rights is a statement of fundamental rights that protects citizens against the misuse of power by the state. In human rights law, it ensures that essential freedoms and protections are guaranteed by law, safeguarding individuals from government overreach and ensuring justice and equality.
3. DEFINITION OF BILL OF RIGHTS: According to the Oxford Dictionary of Law: “A Bill of Rights is a formal declaration or summary of fundamental rights and freedoms, often forming part of a constitution, which sets limits on the powers of the government and guarantees individual rights against infringement by the state. 4. HISTORICAL BACKGROUND OF BILL OF RIGHTS: The concept of a Bill of Rights in Human Rights Law has its roots in historical documents like the Magna Carta (1215) in England, which limited the powers of the king and protected certain individual rights. The idea evolved over time, with key milestones including the English Bill of Rights (1689), which further expanded individual freedoms, and the U.S. Bill of Rights (1791), which guaranteed essential rights like freedom of speech and religion. These early examples influenced modern human rights documents, including the Universal Declaration of Human Rights (1948), shaping the global understanding of protecting individual freedoms. 5. DIFFERENT BILL OF RIGHTS: • The U.S. Bill of Rights: The U.S Bill of rights is ratified in 1791, is the first ten amendments to the U.S. Constitution. It was created to protect individual liberties against government overreach. Key rights include freedom of speech, religion, and the press, the right to bear arms, and protection against unreasonable searches and seizures. These amendments ensure a balance between government power and individual freedoms, forming a cornerstone of American democracy. • English Bill of Rights (1689): The English Bill of Rights, enacted in 1689, was a pivotal document that limited the powers of the monarchy and established parliamentary supremacy. It ensured that no laws could be made or taxes levied without Parliament's consent. It also protected certain individual rights, such as the right to petition the king and freedom from cruel and unusual punishment. This document
significantly influenced later human rights developments, including the U.S. Bill of Rights. • Universal Declaration of Human Rights (1948): The Universal Declaration of Human Rights (UDHR), adopted by the United Nations in 1948, is a milestone in international human rights law. It outlines fundamental human rights that are to be universally protected, including the rights to life, liberty, and security, as well as freedom of speech and religion. The UDHR serves as a foundation for many national constitutions and international treaties, promoting the idea that all people are entitled to basic rights and freedoms, regardless of nationality, race, or religion. • Canadian Charter of Rights and Freedoms (1982): The Canadian Charter of Rights and Freedoms, part of the Constitution Act of 1982, is a Bill of Rights that guarantees fundamental freedoms and rights to all Canadians. It includes freedoms of expression, assembly, and religion, as well as legal rights such as the right to a fair trial and protection against arbitrary detention. The Charter is a vital component of Canada's legal framework, influencing how laws are interpreted and applied, and ensuring that individual rights are respected across the country. • South African Bill of Rights (1996): The South African Bill of Rights, embedded in the 1996 Constitution, guarantees rights and freedoms to all South African citizens. It was created in the wake of apartheid, with the goal of promoting equality and preventing discrimination. Key rights include equality before the law, freedom from discrimination, and the right to life and dignity. The Bill of Rights is central to South Africa's democracy, ensuring that all individuals are treated with respect and fairness. • European Convention on Human Rights (1950): The European Convention on Human Rights (ECHR), adopted in 1950, is a treaty that protects human rights and fundamental freedoms in Europe. It established the European Court of Human Rights, where individuals can bring cases if they believe their rights have been violated. The ECHR includes rights such as the right to life, prohibition of torture, and freedom of expression. It has been
instrumental in shaping human rights law across Europe, influencing national laws and judicial decisions. • International Covenant on Civil and Political Rights (ICCPR) (1966): The ICCPR is a key international treaty adopted by the United Nations in 1966 that protects civil and political rights. It guarantees rights such as freedom of speech, the right to a fair trial, and freedom from torture and arbitrary detention. The ICCPR is legally binding for its signatories, requiring them to respect and uphold these rights within their jurisdictions. It plays a crucial role in promoting democracy and the rule of law globally. • International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966): The ICESCR, adopted by the United Nations in 1966 alongside the ICCPR, focuses on economic, social, and cultural rights. It ensures rights such as the right to work, education, health, and an adequate standard of living. Like the ICCPR, the ICESCR is legally binding for its signatories, obligating them to take steps to achieve these rights for all their citizens. It is fundamental in promoting social justice and human dignity around the world. 6. COMMON FEATURES OF BILL OF RIGHTS: Following are the common features of Bill of rights. • Protection of Fundamental Rights: Bills of Rights protect essential freedoms such as freedom of speech, religion, and assembly. This means individuals can express their opinions, practice their faith, and gather peacefully without fear of government interference. These rights are crucial for personal autonomy and democratic participation. • Limitation on Government Power: Bills of Rights set limits on what the government can do, preventing it from overstepping its authority and infringing on individual freedoms. This includes prohibiting actions like unlawful searches or arbitrary detention, ensuring that government power is exercised within legal bounds.