Browsing by Subject "United Nations"

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Open Access
Realising the Rights of the Senior Citizens: An International Human Rights Law Perspective
(University of North Bengal, 2021-09) Bhowmik, Sarbani; Bhattacharjee, Ripon
The senior citizens throughout the world face the maximum challenges, abuse and discrimination restricting the realization of their human rights and thus, categorizing them into the vulnerable groups. Ageing is a natural phenomenon yet the aged population are traditionally concerned as burden and problems because they are nonfunctional, non-productive and non-active. Amongst the vulnerable groups, the United Nations has time to time recognized and revised the human rights pertaining to women, children, migrant workers and persons with disabilities but negligible focus has been given on the rights of the senior citizens as a distinct category concerning their deserving rights, extraordinary care and protection under the ambit of human rights law. Even though the rights of the senior citizens have been neglected but over few years they have become a popular agenda of professional media, NGOs and certain States which have pushed United Nations to identify the special rights, care and protection of the senior citizens in the international scenario. However, they are not adequate; reforms and revisions are yet to follow. Due to decline in mortality rate and longer life expectancy there has been an unprecedented growth in the world’s senior citizen’s population thereby making their group a more prominent one wherein realization of their human rights becomes inevitable. This paper intends to focus on the plight of the senior citizens from their jeopardized rights so that they get the spotlight and priority both from the national and international scenario in their generic framework. This paper would mainly focus on the contributions of the senior citizens and their rights by the virtue of being a human. It will examine the key features of the United Nations Convention on the Rights of Older Persons and other instruments that compromises the care and protection and the rights of the senior citizens both in the international as well as national scenario. And finally, it will evaluate the gaps and discuss the optimistic contemporary attitude to describe old age as a productive category, rather than being a burden, with a new social meaning and positive attitude.
Open Access
Trans - Rights Are Human Rights : An Evaluation of Law on the Protection of Transgender Rights in India
(University of North Bengal, 2022-03) Syiem, Angel H.; Kumar, Priya Ranjan
2014 is a year to be remembered in the history of India in terms of Transgender Rights, followed by its fruit in the year 2019. The Judiciary in recognizing the status of Transgender Persons in the country, identified them as the ‘third gender’ in the NALSA Judgment (2014). Following cue, the Indian Parliament passed The Transgender Persons (Protection of Rights) Act, 2019. At the international level too, the efforts of respecting, safeguarding, protecting and fulfilling the rights of Transgender has been witnessed constantly through strong recommendations and comments of the United Nations Charter and Treaty based bodies. The promulgation of the Act of 2019 in India was a celebrated event as many believed, that it marked an end to the age long marginalization and discrimination faced by the Transgender Community. A cursory glance at the legislation would give many, hopes in that regard. However, it was and is still met with opposition from the Transgender Activists leading to the struggle of the community to continue. What makes this legislation an issue of debate? It is questioned on the basis of the very definition of the term ‘Transgender’. It rejects some of the most important points of the NALSA guidelines. It is almost completely silent on civil and political rights and most importantly it lacks the voice of Trans-genders themselves for whom the law is made. This however does not mean that it is a failed legislation. It is certainly an effort worth appreciating as it opened doors for prohibition of discrimination and providing social welfare measures for the community. This paper, seeks to address some of the limitations and gaps of the legislation. In doing so, it also tries to understand the concept of trans-genders, the historical background in India, forms of discrimination faced by the community, international human rights laws provisions on their rights and the role of judiciary in promoting the rights of the community.