HUMAN RIGHTS AND TEACHER TRAINING
1.3 Human Rights
1.3.3 Historical Background
1.4 Universal Declaration of Human Rights 1948
1.5 Indian Constitutional Provisions
1.5.2 Fundamental Rights
1.5.3 Fundamental Duties
1.5.4 Directive Principles of State Policy
1.6 Teacher Training
1.7 Let Us Sum Up
1.8 Check Your Progress: Key
1.9 Appendix Universal Declaration of Human Rights
In this unit, you will learn about the concept of human rights as evolved over the years and its implications in real life at home and in school. You will also learn how they are embodied in the Constitution of India and the Universal Declaration of Human Rights (1948). The emphasis will, of course, be on the rights of a child. You will also learn important aspects of teaching of Human Rights in school education. It will be useful, if you develop the habit of observing social situations in your classrooms and schools in the context of human rights of children.
After going through this unit, you should be able to:
Discuss the concept, foundations and history of Human Rights.
Explain the provisions of Human Rights in the Universal Declaration of Human Rights and the Constitution of India.
Discuss important issues relating to the teaching of Human Rights.
1.3 HUMAN RIGHTS
Human Rights is a universal phenomenon because rights have been embibed in our society over the years. It is a realisation that without Human Rights (HRs) we cannot live as human beings. They include all fundamental freedoms and are based on mankinds demand for a life in which the inherent dignity and worth of each human being will receive respect and protection. It is possible only if we respect and take care of the needs and rights of one another. Let us, therefore, understand how this phenomenon of human rights has come up.
All men and women are equal partners in a society. They live and grow up here. Members of a society depend upon one another. All activities of men and women, big or small, revolve round this societal system. As a matter of fact, all human beings are members of the same species. They are equal in so far as their rights and dignity are concerned. They are motivated with reason and conscience. The concept of Human Rights has emerged out of mankinds reasoning and conscience.
Everyone has the right to life, liberty and security of person. This means that everyone has the right to live and to live in freedom and safety. The societies are governed by political systems which exercise controls over the actions of its members, institutions, and organisations, both formal and informal. Chosen members of society constitute a Government. A government functions according to the laws passed by the society. A law is a general rule of external human action enforced by an authority/government and human rights are no exception to it.
The responsibility of every government is to ensure and protect the human rights of its citizens. Since the rights to life, liberty and security of person are the fundamental rights of human beings, a government must ensure these rights for all citizens irrespective of their religion, caste, creed, colour, sex, race and place of birth. Hence all persons have the right to legal help and protection. No one can be imprisoned or punished without the due process of law.
Human beings differ amongst themselves, but the concept of human rights implies that all human beings are equal and have to be treated alike irrespective of their religion, caste, creed, colour, sex, race, place of birth and so on.
Society defines roles to its members, institutions and organisations. In the performance of these roles, tangible decisions affecting the lives of individuals, on the basis of individual differences are taken.
A reputed school is making admissions. The seats are limited and the applicants are numerous. All the children seeking admission vary amongst themselves on various attributes, like intelligence, achievements and motivations. The concept of right to equality implies that school authorities should consider the applications of all children irrespective of their religion, caste, creed, colour, sex, place of birth and may make proper selection on the basis of other specified attributes like intelligence, achievements and motivation.
The right to equality emphasises that everyone can claim human rights despite:
a different sex
a different skin colour
speaking a different language
thinking different things
believing in different religions
owning more or less
being born in another social group
coming from another country
The cardinal aim of all societies and their governments is to ensure the fullest development of human personality. Right to live is the natural right of human beings but the human right to live with dignity is very fundamental. And the constant growth in the number and scope of human rights is the outcome of the concern of national and international organisations to secure to all human beings the right to live with dignity on this earth.
A child has the right to life, liberty and security of person, but he/she has the right to education, health and other rights which contribute towards his/her leading a more dignified life.
Everyone has the right to education. Hence every child has the right to go to school. Moreover education shall be free, at least in the elementary stages. Everyone has the right to health. In particular every child has the right to grow, obtain love and care from family or from government. His/her health has to be protected and cared for at all costs. In fact the rights such as right to education and right to health and other rights have been instituted to secure to all human beings not only the right to live but right to live with more dignity.
The cardinal principles of human rights are thus equality and dignity. It is the duty of all governments and members of society to ensure equal opportunities to all children to get education and health services and other rights and these rights will be granted assuring the dignity of the individual. There should be no compromise on this count because all these rights have been enshrined in the Constitution of India (discussed later). A childs rights to life, education, health etc. with dignity are absolute and unfettered. While it is for the government to perform its Constitutional obligations, we, as members of the society, are morally bound to create a conducive atmosphere and an ideal situation wherein all children and other weaker sections of society would be able to develop themselves physically, mentally, socially and would lead a happy life. This would be the first step for creating understanding and awareness of ours rights and respect for the rights of others.
CHECK YOUR PROGRESS 1
i) Column I contains a few human rights and Column II contains situations where HRs are violated. Match them.
|Col. I||Col. II|
|a) Right to life||i) A dalit person has been refused entry into a temple.|
|b) Right to liberty||ii) A person, in unlawful custody of police, dies.|
|c) Right to equality||
iii) A parent refuses to send his child to school.
|d) Right to health||
iv) A mother has not given polio drops to her child at due time.
|e) Right to education||v) A robber has killed an inmate.|
|vi) A patients condition deteriorates in
hospital for want
of medical care.
|vii) A person has been driven out of his state.|
ii) Write T (true) or F (false) against the following
|a) All human beings are equal.||(T/F)|
|b) A child may be refused admission in a school on the basis of his/her religion.||(T/F)|
c) A child may be refused admission in a school on the basis of his/her performance in an admission test.
|d) Governments always protect human rights of men, women and children.||
|e) All human beings have the right to be treated as equal on all attributes.||(T/F)|
iii) Distinguish between "Right to live" and "Right to live with dignity". Restrict your answer to five lines.
Human beings and society fulfil the needs of one another. These needs may be categorised into four basic needs (a) physiological, (b) psychological, (c) social and (d) economic. In fact, we live in a need based society and thus human rights emanate from human needs. Let us, therefore, examine the relationship of human rights with human needs.
Physiological needs are must for human survival in this universe. They may include food, clothing, shelter, water and medical care. In order to ensure the right to live, these basic needs must be provided to human beings. Also, they must be provided in proper quantity and quality. That is why all human beings should get a balanced diet, safe water, pollution free atmosphere and comfortable housing facilities so that their life is worth living.
Psychological needs are related to the mental makeup of a person. These needs are reflected in terms of achievement, mental satisfaction and feelings of dignity. The mind of a person should be free from worries, anxieties and mental tensions, so that he/she is able to perform his/her best a musician must make music; an artist must paint; a poet must write if he is to be ultimately happy and contended. A human being must be granted due human rights with dignity so that he/she attains self actualization.
Hence, in a family situation where one person rebukes his/her spouse, he/she is likely to hurt the dignity of the other. He/she is not caring for the psychological need of his/her spouse and thus violating the human right of living with dignity.
Social needs relate to the interaction of men, women and children in group situations. A child who needs protection from outside dangers may hide himself/ herself in the lap of his/her mother. Similarly a grown up person needs security against anti-social elements, i.e. robbers, terrorists and cheats etc.
Society demands that all human beings should work in a cohesive manner, so that they develop a sense of belonging and identification with their society. That is why every person has the right to be a citizen of his/her country. This human right is a corollary to the basic human right to live in any part of his/her country and to enjoy all personal, social, political, economic and cultural freedoms. Also, through international conventions and laws, he/she can travel in any part of the world enjoying his/her basic human rights.
Economic needs are vital for human survival and well being. In the modern society, most of the human needs are met by money, so much so, that money has become the fundamental need of a person. No transaction big or small can take place without the availability of money. An Economist has rightly put it :
Money is a matter of functions four
A medium, a measure, a standard, a store
In fact, money has a multi-faceted role to
play in a society. It is that medium by which
all economic needs of human beings are fulfilled. Many human rights like right to work
and right to equal wages for equal work have emanated from the economic needs of mankind.
CHECK YOUR PROGRESS 2
i) Given below are a few situations, where human needs have been adversely affected and as a result, human rights have also been violated. Examine the situations and identify the affected human needs and violations of Human Rights.
a) A childs stipend was stopped because
his father had displeased his teacher.
b) A teacher deprives a child of mid-day
meal for not doing home work.
c) A student was reprimanded for wearing
a dirty school uniform in the class.
d) A student in anger shuts his classmate in
the school bathroom in the presence of other students.
e) A mother in irritation refuses to give
breast-feeding to her hungry child.
f) A teacher rebukes a student for not
depositing the school fee on time.
ii) Discuss the relationship between human rights with basic human needs of a person.
1.3.3 Historical Background
The history of human rights may be traced to early slave revolts. Later on liberalism, Marxism, socialism and anti-colonial freedom struggles shaped the human rights perspective. Some important events which have affected the human rights movement are as follows:
ii) French Revolution (1789)
iii) Bolshevik Revolution in Russia (1917)
iv) Industrial Revolution (1930)
v) World War ll
Let us have a closer look at these events to understand their impact on human rights.
It is a name given to Revival of Learning which started in Italy and spread throughout Europe in the 15th and 16th centuries. It was greatly helped by the invention of printing press through which precious books were multiplied. As a result, the rights of human beings enunciated in the ancient books of wisdom of Greeks and others were embodied in a state polity and were renovated. These rights infused a feeling of right to live with dignity and self-determination among the masses.
II) FRENCH REVOLUTION
It was the collapse of an outdated socio-economic order. France was on the verge of financial bankruptcy because of the wars of Louis IV. The intellectual background of the revolution was prepared by the creative works of Voltaire and Rousseau. The French Revolution (1789) stood for Liberty, Equality and Fraternity.
III) BOLSHEVIK REVOLUTION IN RUSSIA
Since 19th century, the Czar of Russia was ruling with ruthless authority. In 1917, a general strike was called and the army refused to fire on the strikers. In this way, full revolt broke out, Czar Nicholas was abdicated and Russia came under the rule of Bolsheviks. Lenin emerged as the strongman of Russia and he restored the fundamental rights of the citizens particularly the rights of the working class(es) and the proletariat.
IV) INDUSTRIAL REVOLUTION
As a result of industrial progress, England was turned into a manufacturing country. However the condition of workers employed in the factories was very deplorable. Their basic rights were being ignored and in 1930, the Government enacted industrial laws and ensured human rights to work, to secure proper wages and suitable working conditions.
V) WORLD WAR II
The Axis Powers (Germany, Italy and Japan) were defeated by the Allies (England, France, USA and the USSR) in 1945. The war ended when two atom bombs were dropped by America on the two Japanese cities of Hiroshima and Nagasaki on civilian targets. This sent shock waves throughout the world because this was an act against humanity as also against the basic rights (of the Japanese citizens) to live. Before and during the war, the Nazis under Hitler in Germany and Fascists under Mussollini in Italy had been trampling the rights of the citizens to live with dignity. All these factors led to the establishment of United Nations Organisation in 1945 and the Universal Declaration of Human Rights in 1948.
CHECK YOUR PROGRESS 3
Column I contains a few important aspects of Human Rights evolved as a result of historical events mentioned in Column II. Match them.
|Column I||Column II|
|a) Right to "Liberty, Equality & Fraternity"||i) World War II|
|b) Rights of industrial workers||ii) Industrial Revolution, 1930|
|c) Charter of Human Rights, 1948||iii) Renaissance|
|d) Right to live with dignity and self-determination||iv) French Revolution, 1789|
|e) Rights of the free proletariat and rule by the masses||v) Bolshevik Revolution 1917|
1.4 UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948
The history of human rights has roots in all the great events of the world and it has sustained the struggle for freedom and equality everywhere. The international community has grown and changed enormously during the course of the 20th century. The aftermath of Second World War prompted the victors to try to assemble a forum, firstly to deal with some of the wars consequences and secondly to provide a way to prevent such appalling events in future. As a result, the United Nations was born. The magnitude of the task is still not clearly recognised. Former Secretary General U. Thant saw in the promotion and protection of human rights an essence of human freedom and progress, peace and prosperity.
Of all the international attempts, the Universal Declaration of Human Rights, 1948 has won a place of honour as a basic international code of conduct by which performance in promoting and protecting human rights is to be measured. Two more international instruments were concluded namely;
i) International Covenant on Economic, Social and Cultural Rights.
ii) International Covenant on Civil and Political Rights.
These documents were adopted in 1966 and came into force 10 years later. An optional protocol to the latter covenant also provided machinery for the handling of complaints from individuals under specified circumstances. These three documents together constitute the International Bill of Human Rights. They have directly inspired a very wide range of complementary instruments:
On the prevention of discrimination whether by sex, race, creed, colour, religion, belief or in education.
On slavery and forced child labour.
On political rights of women and children.
On marriage and the family.
On childhood and youth etc.
However, we limit our study to the Universal Declaration of Human Rights, 1948 although the spirit of enquiry would not vanish away.
The preamble to the Universal Declaration of Human Rights, 1948 acts as a mirror through which the essence of this instrument could be visualised. It embodies the expectations of humanity as also foundation of freedom, justice, peace and protection (by rule of law) against tyranny and oppression. The preamble lays emphasis on equal rights of men, women and children and the need to live with dignity. Promotion of universal respect and observance of human rights and fundamental freedoms are the basic tenets of the preamble. The original text is reproduced below to have a birds eye view.
"Whereas recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the people of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, therefore, THE GENERAL ASSEMBLY proclaims
This Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction".
In fact, in the preamble to the charter of the United Nations, the people of the United Nations declare their determination to save succeeding generations from the scourge of war, to reaffirm social progress and ensure better standards of life in larger freedom.
There are 30 rights given in the Universal Declaration of Human Rights, 1948. These rights are given in Appendix - I. A gist of human rights is presented below:
We can make an hypothesis that these rights embody the basic liberty and fundamental freedom which all men, women and children must enjoy in order to make this world a better place to live in. These liberties and freedoms include:
Right to life and security of person.
Prohibition of slavery and servitude.
Right to recognition and equality before law.
Right to a fair hearing and to put up defence.
Right to freedom of movement and residence.
Right to freedom of thought, expression and religion.
Right to freedom of peaceful assembly and social security.
Right to equal pay for equal work and favourable remuneration.
Right to form Trade Unions for protection of interests.
Right to education and to choose the kind
of education. It shall be free at the
Right to participate in the cultural life of the community.
Right to a standard of living adequate
for the health and well-being of self
thereof and his/her family including food, clothing, housing, medical care and social
All human rights mentioned above have global validity and their applicability is very important for all human beings. The teachers have a dual role of not only practising human rights themselves but to disseminate them amongst students and to enable them to practise them in letter and spirit. By working through these precepts, a teacher must transform the teaching-learning environment in classroom and school in such a way that students learn the principles and practise these rights by emulating the attitudes and behaviour of their teacher.
CHECK YOUR PROGRESS 4
i) Write down six rights given in "Universal Declaration of Human Rights, 1948"
ii) List five human rights which are most relevant to children.
iii) Write three lines about the role of a teacher in respect of human rights.
1.5 INDIAN CONSTITUTIONAL PROVISIONS
Indian Constitution is a vital document which has united one of the worlds oldest and largest civilisations and created a nation of 90 crore people speaking many languages. It contains 412 Articles and 12 Schedules and is undoubtedly one of the longest constitutions in the world. Every article of the Constitution aims to provide happiness and peaceful living to each one of us. Before the most important Articles dealing with human rights are discussed, let us see the Preamble to the Constitution of India at a glance.
The Preamble epitomizes the collective will and aspirations of all Indians. It describes the fundamental objective of the Constitution as follows:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens;
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
The Preamble provides for all citizens justice, liberty, equality and fraternity. It has implications in all walks of life of an Indian. In a school situation, it ensures to every child the right to life, liberty and security and to freedom from any form of cruelty, inhuman or degrading treatment in any way.
1.5.2 Fundamental Rights
In a democratic set up people are given great importance in the whole philosophy of a State. It emphasizes the fact that State exists for the individuals. Hence, certain rights of men, women and children are absolutely necessary for the effective functioning of a democratic government. Democratic governments functioning in different parts of the world mean governments by the majority with full freedom to the minority. In order that the democratic principles may operate successfully, the citizens require protection of their life, liberty and property and free opportunity to assemble and express their opinion. In order to attain these objectives, certain rights, which are generally recognised as vital and essential for effective social, political, religious and economic life of a country, are recognised and guaranteed in the most modern constitutions. The Constitution of India is no exception to this philosophy. Description of all fundamental rights as enshrined in the Constitution is a stupendous task; however, some of the Fundamental Rights important from the point of view of school education are discussed here.
I. RIGHT TO EQUALITY
The concept of equality is the guiding principle of our social living. Dynamics of social change speak of the fact that equality in every sphere of life is very essential.
Article 14 deals with equality
before law and equal protection of law. This provision asserts the supremacy of rule of
law. This also means equality of rights and duties. It means that among equals the law
should be equal and should be equally administered. The provision further states that all
persons shall be entitled to the protection of
Article 15 prohibits discrimination
on grounds of religion, race, caste, sex and
place of birth.
Article 16 guarantees equality of opportunity.
Article 17 lays down that no title,
not being military or academic, shall be conferred
by the State.
II. RIGHT TO FREEDOM
The right to freedom has been explained in Articles 19 to 22 of the Constitution.
Article 19 codifies the usual liberties of men, women and children. It secures freedom of speech, and expression, assembly, association, movement, residence, acquisition and disposition of property and the right to practise any profession or to carry on any occupation, trade or business. However, there are some reasonable restrictions imposed for the purpose.
Article 20 offers protection in respect of conviction for certain offences.
Article 21 provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
Article 22 states that no person shall be detained in custody without being informed of the grounds of such arrest/detention nor he is to be denied the right to consult or to be defended by a legal practitioner of his choice.
III. RIGHT AGAINST EXPLOITATION
Article 23 of the Constitution prohibits traffic in human beings and forced labour and any contravention of this provision is an offence punishable in accordance with the law of the land. Similarly, Article 24 guarantees prohibition of employment of children in factories who are below 14 years of age.
IV. RIGHT TO FREEDOM OF RELIGION
Article 25: States that subject to
public order, morality and health, all persons are equally entitled to the freedom of
conscience and the right to profess, practise and propagate
Article 28: Emphasizes that no religious instruction shall be provided in any educational institution wholly maintained out of state funds except in those institutions established under a Trust.
V. CULTURAL AND EDUCATIONAL RIGHTS
Article 29(i) states that any section of citizens residing in the territory of India or any part thereof, having a distinct language, script or culture of its own shall have the right to conserve the same.
Article 29 (ii) emphasizes that no
citizen shall be denied admission into any educational institution maintained by the State
on grounds only of religion, race, caste, language or
any of them.
Article 30: Establishes the right of the minorities to administer educational institutions.
VI. RIGHT TO CONSTITUTIONAL REMEDIES
The right of every man, woman and child to move the Supreme Court or the High Court by appropriate proceedings, for the enforcement of FRs is recognised and guaranteed under the Constitution. The remedies available to the citizens are petitions for the issue of directions/orders or writs in the nature of :
The Supreme Court (under Art.32) and the High Courts (under Art.226) have the powers to issue writs or orders for the enforcement of these fundamental rights. However, it is once again reiterated that only the relevant portions of the Fundamental Rights have been discussed here which happen to be useful and significant for teacher educators.
1.5.3 Fundamental Duties
Human Rights and fundamental freedoms offer all men, women and children to develop and use their qualities, their talents and their conscience and to satisfy their spiritual and material needs. Nevertheless, respect for human rights and human dignity is the foundation of freedom, justice and peace in the world. Furthermore, rights and duties go side by side. Therefore, it is the primary duty of teacher educators to foster awareness and knowledge of rights and the sense of reciprocity and universality. A teacher educator carries a greater responsibility in communicating the message of Fundamental Duties. It is the teacher educator who can create awareness and understanding among the children and young people to perform their fundamental duties which have been entrusted to them by the Constitution (Forty-second Amendment) Act, 1976. These duties have been reproduced below:
Art. 51.A: Fundamental Duties
It shall be the duty of every citizen of India:
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement.
Needless to say, Fundamental duties are
sacred commandments. They infuse a feeling of patriotism in all men, women and children of
this great country to dedicate themselves to the cause of the nation. Respect for the
national institutions, of unity and integrity of the Nation, preservation of cultural
heritage, protection of natural environment, development of scientific temper and
safeguarding of public property are some of the cardinal duties which every citizen of the
country must perform towards the accomplishment of
national goals and objectives.
1.5.4 Directive Principles of State Policy
Certain directive principles of state policy based on social, political and economic justice have been laid down for the guidance of the legislatures as well as the government authorities. They are intended to be kept in mind both by the legislatures in enacting laws and by the executive authorities in enforcing laws. Although these principles are not enforceable by any Court yet they are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws for the general welfare of their men, women and children.
The Directive Principles of State Policy have great relevance in education because the teacher educator would be able to emphasize that they are aimed at securing social and economic freedoms. He would also be in a position to make a distinction between the Fundamental Rights and Directive Principles and would be able to appreciate the significance of these principles to the students of elementary education. Although these directive principles need to be understood in totality yet only the most relevant of them are being discussed here for the sake of convenience.
Art. 38 (1)
The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political shall inform all the institutions of national life.
Art. 39: Certain principles of policy to be followed by the State
The State shall in particular direct its policy towards securing:
that the citizens, men and women equally have the right to an adequate means of livelihood.
that there is an equal pay for equal work for both men and women.
that the health and strength of the workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter allocations unsuited to their age or strength.
that children are given opportunity and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and moral and material abandonment.
Art. 41: Right to work, to education and to public assistance in certain areas
The State shall, within the limits of its
economic capacity and development, make effective provision for securing the right to
work, to education and to public assistance in
cases of unemployment, old age, sickness and disablement and in other cases of undeserved want.
Art. 45: Provision for free and compulsory education for children
The State shall endeavour to provide within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
Art. 46: Promotion of educational and economic interest of Scheduled Castes, Scheduled Tribes and other weaker sections
The State shall promote with special care the educational and economic interests of the weaker sections of the people and in particular, the Scheduled Castes and the Scheduled Tribes and shall protect them from social injustice and all forms of exploitation.
Therefore, we see that the directive principles constitute the spirit of the Constitution. They also indicate the fundamental character of the Constitution.
Since the directive principles of state policy are the guiding principles for the polity, it should be the endeavour of teacher educators to make the students understand the basic principles as cardinal virtues of humanity and inculcate feelings of nationalism and patriotism in order to make them aware of their rights and duties.
CHECK YOUR PROGRESS 5
i) Describe the provisions of Human Rights in the Constitution of India under the following headings,
a) Fundamental Rights.
b) Directive Principles of State Policy.
ii) State Fundamental duties of an Indian citizen and also discuss their implications for a teacher.
1.6 TEACHER TRAINING
In the present day world, human rights have assumed great significance. Former UN Secretary General U. Thant had said, "the establishment of human rights provided the foundation upon which rests the political structure of human freedom; the achievement of human freedom generates the will as well as the capacity for economic and social progress; the attainment of economic and social progress provides the basis for true international peace".
Article 26 of the Universal Declaration of Human Rights, 1948 states:
1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial and religious groups and shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to their children.
Para I and Para 3 above enunciate the concern of the U.N.O, towards education as human rights and Para 2 elucidates its concern in respect of education about human rights. Thus, this article offers a dual perspective of education as a human right and education about human rights.
This means that national educational systems all over the world may be designed, developed and implemented in such a manner that the students not only acquire knowledge about human rights but should be able to practise and imbibe them in their daily lives. The Indian Educational System has already been reconstructed towards this end. The National Policy on Education (1986) (revised in 1992) is particularly crucial in this regard. The policy laid down for the first time in the history of Indian education, a National Curriculum Framework with a common core as a basis for building the National System of Education. Most of the common core elements identified in the Policy are related to one or other dimension of human rights education. The common core elements identified are the history of Indias freedom movement, the constitutional obligations and other content essential to nurture national identity. It has been laid down that these elements will cut across subject areas and will be designed to promote values such as Indias common cultural heritage, egalitarianism, democracy, secularism, equality of sexes, protection of the environment, removal of social barriers, observance of the small family norms and inculcation of the scientific temper. All educational programmes will be carried on in strict conformity with secular values. Sufficient stress has been laid on promoting equality. The policy lays down, "it will be necessary to provide for equal opportunity, not only in access, but also in the conditions for success. Besides, an awareness of inherent equality of all will be created through the core curriculum. The purpose is to remove prejudices and complexes transmitted through the social environment and the accident of birth". One of the main task of the Indian Education System is to enable the teachers to teach core curricular areas by improving upon existing methods and materials, keeping in mind the elements of human rights education as an important component. The educational goal of Human Rights education is that the students should be able to perceive (according to their developmental stage) that human life is a precious entity and all efforts are needed to ensure that all human beings live with dignity. Each one of us is a human being first and a boy, girl, member of a community and/or religion etc. only later. Each one of us has rights, privileges, opportunities, being a member of one group or the other, but human right is that privilege which is universal and is based upon the principles of equality and dignity.
The teacher training programmes should enable the teachers to set their own teaching goals in human rights for each class. The teachers of classes I-V should concentrate on nurturing the sense that the students have of their own worth and that of others. They can organise activities like singing, dancing, painting, clay modelling and dramas to make children perceive the worth of human beings. The teachers of Class VI-Vlll should foster awareness and knowledge of human rights and the sense of reciprocity and universality upon which it is based. They can do this by teaching appropriate subject matter in social studies, science, mathematics and languages. The students of class IX-XII should be explained in detail as to how the present century has witnessed two world wars and many events involving massive violations of human rights. The thrust should be to inculcate and strengthen the value of human rights so that they work towards peace and harmony in the world. For this purpose the subject matter related to the concept and principles and practice of human rights has to be incorporated and transacted through all the curricular areas of secondary and higher secondary classes.
All teachers should be trained to identify curriculum elements in the syllabi of their classes where human rights education can be brought in. They should then be trained to develop practical activities, teaching aids and materials.
The teacher trainer should design, develop, implement and evaluate teacher training in human rights to enable teachers to develop and use methods and materials in this area. One of the major tasks of the teacher trainer is to sensitise the teachers in human rights education. Hence it will be useful to organise practical work on observation and analysis of social situations in schools and to engage trainees in participative discussions to resolve conflicting situations. Strategies like role play and buzz session will also be useful. The training of teachers should be supplemented by further research in teaching of human rights. These issues have been dealt with in detail in subsequent units.
CHECK YOUR PROGRESS 6
i) Teaching about human rights is not enough, children should be taught for human rights. Discuss and list some common examples from the teaching learning situation.
ii) Formulate curriculum goals in human rights for (a) elementary and (b) secondary level education
iii) List five important values
included in core curricular areas related to human
iv) List three important goals of teacher training in Human Rights. _________________________________________________________________
v) List three important strategies for teacher training in Human Rights. _________________________________________________________________
1.7 LET US SUM UP
Human rights is a global phenomenon. Rights are inherent in nature and have come up in our society over the years. Human rights refer to the fundamental freedoms and basic liberties without which men, women and children cant live with respect and dignity. We all live in a society and all our activities revolve round this societal system. We all have ambitions and aspirations in life. Nevertheless, right to life, liberty and security are the basic rights which every man, woman and child must possess. Peoples rights are regulated by rule of law and it is the duty of the government to enforce and protect these rights and fundamental freedoms irrespective of their caste, creed, colour, race, sex, religion and place of birth. Right to live with dignity is the natural right of a person and it is for both the society and government to ensure the full development of all men, women and children. Similarly, a child has the right to life, liberty, security of person, education, health, entertainment. He/she also has the right to equality and dignity. These rights of a child are absolute and unfettered. It is for the government to perform its legal and constitutional obligations as also for the society to create ideal situations for the mental, physical and social development of the child.
We all live in a need-based society and
human beings and society fulfil the needs of one another. These needs are physiological,
psychological, social and economic. Human survival is based on the fulfilment of these
needs. The history of human rights has been shaped by some important events of the world
such as the Renaissance, the French Revolution (1789), the Bolshevik Revolution in Russia
(1917), World War II and the Industrial Revolution in England (1930). All these historical
events taking place in different parts of the world
at different times tell us the story of human struggle for securing human rights and fundamental freedoms.
The Universal Declaration of Human Rights, 1948, was a major step towards the emancipation of rights of human beings. It is a basic international code of conduct. It lays emphasis for the promotion and protection of human rights of all men, women and children of the world. The Preamble of the Declaration itself embodies the expectations of human beings as also survival of humanity based on freedom, justice, peace and dignity. The declaration is a great achievement for human civilization because it embodies the need for right to life, liberty and dignity; protection against tyranny, prohibition of slavery and servitude, right to freedom of thought, expression and religion, right to education and right to participation in the cultural life of the community. All the 30 rights enshrined in the declaration are sacred commandments for mankind.
Besides this, the Indian Constitutional provisions have equally played a rightful role for shaping the concept of human rights into a reality. The Preamble, the Fundamental Rights, the Fundamental Duties and the Directive Principles of State Policy are the concrete steps towards the realisation of human rights. Whereas basic objectives have been defined in the Preamble to the Constitution of India, enough emphasis has been laid on the protection of human freedoms and liberties on Fundamental Rights (Part III of the Constitution) and Directive Principles of State Policy (Part IV of the Constitution). The rights of child have been given foremost priority. Since rights and duties go simultaneously, a birds eye view on Fundamental Duties (Art.51-A) is also imperative. All these provisions enumerated in the Constitution of India epitomise the collective will and aspirations of all men, women and children of India.
Human rights education at all levels of education is most relevant to all of us. The students should not only learn that education is an important human right but should also learn to practise human rights in their daily lives. For this purpose, the major task of the teacher trainer is to sensitise the teachers in human rights education and to enable them to develop and use suitable methods and materials in schools.
1.8 CHECK YOUR PROGRESS : KEY
Check Your Progress 1
|d)||(iv) and (vi)|
iii) Right to live cannot be the basic right to life. It is the fundamental right of a man, woman and child, it is also a constitutional obligation. Right to live with dignity is a moral right. It is morally obligatory. It is an inclination which every human being must possess and inculcate.
Check Your Progress 2
|i)||a) It relates to the economic need of a child and his/her right to education is violated.|
b) It is a physiological need of a child and his/her right to life is violated.
c) It is a social need and the students right to education is violated.
d) It is a social need and the childs right to liberty is violated.
e) It is a biological need and the childs right to health is violated.
|f) It is an economic need and the students right to education is violated.|
(Note : The above answers are suggestive only. Please discuss them with fellow trainees)
ii) Human Rights are those basic rights and fundamental freedoms which are natural and inherent in human nature and without which human survival in this universe is impossible. These rights include right to life, right to liberty and security, right to health, right to education, right to freedom of conscious, thought, expression, association, privacy and freedom of movement whereas needs relate to the day-to-day requirements of a person viz. physiological needs, psychological needs, social and economic needs. Both human rights and human needs are inter-related.
Check Your Progress 3
Check Your Progress 4
|i)||a) Right to life, liberty and security of person.|
b) Right to recognition everywhere as a person before law.
c) Right to a nationality.
d) Right to freedom of opinion and expression.
e) Right to freedom of peaceful assembly and association.
f) Parents right to education for their children.
(Note: Any other human rights can be mentioned as this is a suggestive list)
|ii)||a) Right to live with dignity|
|b) Right to liberty|
c) Right to equality
d) Right to education
e) Right to health
(Note: This is a suggestive list only)
iii) A teacher can transform the teaching-learning environment in classrooms and schools in such a way that students learn and practise human rights by emulating their own model behaviour.
Check Your Progress 5
i) a) Certain rights of men, women and children are the necessary ingredients for the effective working of a democratic government. The Constitution of India is a glowing example in the whole philosophy of the Indian Republic. Right to equality, right to freedom, right against exploitation, right to freedom of religion, right to education and culture and right to constitutional remedies are the main provisions concerning human rights given in Part Ill on Fundamental Rights in the Constitution of India.
b) Directive Principles of the State Policy
are fundamental in the governance of a country. They are based on social, political and
economic justice and have been laid down for the guidance of legislatures and Government
authorities. Citizens right to adequate means of livelihood, equal pay for equal
work for both men and women, right to education and public assistance, free and compulsory
education for children and promotion of educational and economic interest of the weaker
sections of the society are the basic provisions concerning
human rights given in Part-IV on Directive Principle of the State Policy in the Constitution of India.
The fundamental duties include:
to uphold and protect the sovereignty, unity and integrity of India
to abide by the Constitution and respect for its ideals and institutions
to value and preserve the heritage of our composite culture
to protect and improve the natural environment etc.
A teacher is expected to foster awareness and knowledge of rights and their reciprocity and universality. He/She carries a greater responsibility in creating understanding among the children and young people to perform their fundamental duties as enshrined in the Constitution of India. (Article 51-A)
Check Your Progress 6
|To disseminate knowledge about human rights and their advantages is not enough; the individuals must be able to practise human rights in their day-to-day lives. Hence, students may not only care for their rights but should take care of the rights of other students, teachers and other members of society as well, so that we all live in peace and optimum happiness.|
|ii)||a) Curriculum goals in Human Rights at elementary level may be that the students should be able to appreciate the need to cooperate and live amicably. They should understand the advantages of building confidence and trust in one another on the basis of reciprocity and the need to care for all life including animals and plants on this earth.|
|b) Curriculum goals in Human Rights at secondary level should be more concrete. The students should understand the concept, principles and practise of Human Rights. They should be able to analyse social situations and deliberate upon human right violations and their remedies.|
|c) Equality of sexes and in other spheres|
|d) Removal of social barriers|
e) Inculcation of scientific temper
|iv)||A teacher should be able to:|
|a) Specify objectives of Human Rights education for his/her class.|
|b) Identify curriculum elements in the syllabus prescribed for his/her class.|
c) Teach Human Rights according to the developmental stage of his/her students.
|v)||Teacher Training strategies may be:|
|a) Projects on observation and analysis of situations in school and out-of-school involving Human Rights violations.|
|b) Role playing.|
c) Identification of conflicting situations and strategies for resolving conflicts.
APPENDIX - I
1.9 UNIVERSAL DECLARATION OF HUMAN RIGHTS
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.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Everyone has the right to life, liberty and security of person.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Everyone has the right to recognition everywhere as a person before any incitement to such discrimination.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
No one shall be subjected to arbitrary arrest, detention or exile.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
1. Everyone has the right to freedom of movement and residence within the borders of each State.
2. Everyone has the right to leave any country, including his own, and to return to his country.
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purpose and principles of the United Nations.
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.
1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
2. Everyone has the right of equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
1. Everyone has the right to work, to free choice of employment, to just and favourable condition of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and join trade unions for the protection of his interests.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full
development of the human personality and to the strengthening of respect for human rights
and fundamental freedoms. It shall promote understanding, tolerance and friendship among
all nations, racial or religious groups, and shall further the activities of the United
Nations for the maintenance
3. Parents have a prior right to choose the kind of education that shall be given to their children.
1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literacy or artistic production of which he is the author.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
1. Everyone has duties to the Community in which alone the free and full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing the recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Nothing in this Declaration may be interpreted as imply for any State, group or person 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.
Unit 1 Human Rights and Teacher Training
(S.P. Mullick, C.J. Malhotra)