The Impact Of International Human Rights Instruments On Domestic Constitutional Law

Abstract

A paramount concern on human rights is evolved during post Second World War. For the inhumane acts and the war crimes that the Nazi’s had done. Even though, prior to the World Wars there is existence of Human Rights as in terms of ‘natural rights’, the necessity for its implementation and protection has been arisen only after conclusion of Second world war through the Nuremberg trial, a trial for the atrocities that the Nazi Germany has done against the humanity, for us it was the beginning of modern human rights era and in an un codified international laws it has been expressed through international Charters and Conventions. The adoption of Universal Declaration of Human Rights (UDHR) by UN General Assembly binding on its member States and following that Geneva Convention, 1948 on basis of International Humanitarian Laws, International Covenants of 1966 on Civil and Political Rights and on Economic, Social and Cultural Rights and International Convention on the Elimination of All forms of Racial Discrimination and like numerous instruments have given very wide connotation to the concept of human rights which being accepted by those States become legally binding upon them, then it destines to the individual beings on the fact that relationship between the State and its Citizens. For example, the principles enumerated in UDHR had applied in the part III of Constitution say Fundamental Rights of right to life, liberty and abolition of Slavery practices and rights of arrested persons and prisoners etc, Statutory laws like The Rights of Persons with Disabilities (RPwD) Act, 2016 is emphasizing the dignity of the disabled individual remarking the term expressed in Preamble of Indian Constitution which inspired from The Declaration on the Rights of Mentally Retarded Persons, 1971 and from The Convention on the Rights of Persons with Disabilities ensures the equity which also part of UDHR reminds the aim of human rights.