Human Rights Legislations Note [ मानव अधिकार नोट ]

 

Human Rights are the basic rights and freedoms that belong to every person, regardless of their nationality, race, gender, religion, language, or any other status. These rights are inherent, universal, indivisible, and inalienable.

OR

Human rights are those rights that everyone is entitled to simply because they are human beings. These include:

• Right to life
• Right to education
• Right to equality
• Right to freedom of speech
• Right to work
• Right to protection from torture

13.1. Legal and Institutional Arrangements for the Protection of Human Rights (Detailed)

A. Legal Arrangements

Legal arrangements refer to constitutional provisions, acts, laws, and international treaties that provide a legal foundation for the protection of human rights.

1. Constitutional Provisions

• Constitutions are the supreme law of the land.
• They often guarantee fundamental rights such as:
• Right to Equality
• Right to Freedom
• Right to Education
• Right to Health
• Right to Religion
• Right to Justice and Fair Trial

Example: Nepal

• Part 3 (Article 16 to 46) of the Constitution of Nepal 2015 lists 31 fundamental rights.
• Includes: Right to live with dignity, Right against torture, Right to privacy, Right to social justice, etc.

2. Statutory Laws (Acts and Regulations)

• Enacted by the parliament to implement constitutional rights and international commitments.
• These include civil, criminal, labor, and social protection laws.

 

Important Laws in Nepal:

• Human Rights Act 2012 B.S.
• Caste-based Discrimination and Untouchability (Offense and Punishment) Act, 2068 B.S.
• Children’s Act, 2075 B.S.
• Domestic Violence (Offense and Punishment) Act, 2066 B.S.
• Right to Information Act, 2064 B.S.
• Rights of Persons with Disabilities Act, 2074 B.S.

3. International Human Rights Instruments

• Many countries, including Nepal, are signatories to major human rights conventions and treaties.

Examples of International Instruments:

Instrument	Description
Universal Declaration of Human Rights (UDHR)	Adopted in 1948; sets global human rights standards
ICCPR & ICESCR	International Covenants on Civil & Political Rights, and Economic, Social & Cultural Rights
CEDAW	Convention on the Elimination of All Forms of Discrimination Against Women
CRC	Convention on the Rights of the Child
CAT	Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

 

B. Institutional Arrangements

Institutions are organizations and bodies that ensure enforcement, protection, monitoring, and promotion of human rights.

1. National Human Rights Commission (NHRC)

• Independent constitutional body in Nepal (Article 248).
• Functions:
• Investigates human rights violations
• Recommends legal actions
• Promotes awareness
• Monitors state compliance with national and international obligations

Example: NHRC Nepal was established in 2000 and made a constitutional body in 2007.

2. Judiciary

• Guardians of the Constitution and interpreters of law.
• Protects human rights through judicial review and writ petitions.

Instruments used:

• Habeas Corpus – to protect against unlawful detention
• Mandamus – to compel authorities to perform duties
• Certiorari – to quash unlawful decisions
• Prohibition & Quo Warranto

Example: The Supreme Court of Nepal has issued several landmark decisions protecting the rights of Dalits, women, LGBTIQ+, and more.

3. Ombudsman and Constitutional Commissions

• Monitor and investigate abuses of power and rights violations.

Nepal’s Commissions:

• National Women Commission
• National Dalit Commission
• National Indigenous Nationalities Commission
• Commission for the Investigation of Abuse of Authority (CIAA)

4. Security and Administrative Institutions

• Police, Armed Forces, Local Governments all play a role in human rights protection by:
• Preventing crime and violence
• Assisting victims
• Upholding rule of law

These institutions are expected to follow codes of conduct and human rights training.

5. Civil Society Organizations (CSOs) & NGOs

• Act as watchdogs.
• Provide legal aid, document violations, and advocate for marginalized groups.

Examples:

• INSEC (Informal Sector Service Centre)
• Advocacy Forum Nepal
• Forum for Women, Law and Development (FWLD)

6. Media

• Plays a critical role in exposing violations, educating citizens, and pressuring authorities.

 

7. International Organizations

• Offer technical support, funding, and monitoring.

Examples:

• UNHRC (UN Human Rights Council)
• OHCHR (Office of the High Commissioner for Human Rights)
• Amnesty International
• Human Rights Watch

 

13.2. Human Rights Complaints Handling and Dealing with Victims

The process of handling human rights complaints and addressing the needs of victims is a critical part of any human rights protection system. It ensures justice, accountability, and support for those whose rights have been violated.

A. Human Rights Complaints Handling

1. Who Can File a Complaint?

• Victim of the violation
• Family member or legal guardian
• Any individual or organization acting on behalf of the victim
• Human rights institutions (like NHRC or NGOs)

2. Where to File the Complaint?

Institution	Role
National Human Rights Commission (NHRC)	Investigates human rights violations and recommends action
Judiciary/Court	Accepts legal petitions (e.g., writs) and delivers justice
Police or Administration Office	Accepts FIRs and takes legal action
Non-Governmental Organizations	Assist victims in filing complaints, offer legal aid, and support
Online Platforms/Helpdesks	Some commissions and agencies allow complaints via websites or email

 

3. Steps in the Complaint Handling Process

1. Receiving the Complaint
• Complaint can be written, oral, or electronic
• Should include details of the violation, evidence, and identity (optional)
2. Registration and Acknowledgment
• The complaint is officially recorded
• A case number or reference is provided
3. Preliminary Inquiry
• Check for completeness, relevance, and jurisdiction
• May request additional documents
4. Investigation
• Collection of facts, witness statements, site visits, and document review
5. Reporting
• The investigating body prepares a report with findings
6. Recommendation
• Suggest legal, administrative, or compensatory action
• Recommend prosecution if necessary
7. Follow-Up
• Monitor whether recommendations are implemented

B. Dealing with Victims of Human Rights Violations

1. Victim-Centered Approach

• The focus should be on the needs, dignity, and rights of the victim
• Victims must be treated with respect, empathy, and confidentiality

 

2. Types of Support Provided to Victims

Support Type	Details
Legal Support	Help with filing cases, accessing lawyers, legal representation
Medical Care	Treatment for injuries (physical/mental) caused by the violation
Psychosocial Counseling	Trauma healing, therapy, and emotional support
Financial Compensation	Monetary support for damages, injuries, or losses
Protection Services	Protection from further harm, threats, or intimidation
Rehabilitation	Long-term care, shelter, education, skill training

 

3. Principles in Dealing with Victims

• Confidentiality – Protect the identity and dignity of victims
• Non-discrimination – Treat all victims equally regardless of caste, gender, or religion
• Informed Consent – Take permission before collecting sensitive information
• Right to Participation – Victims have the right to participate in the process and seek justice

Example: Role of NHRC Nepal

• Receives complaints through online and offline methods
• Investigates, recommends action, and ensures government follow-up
• Also helps provide legal and social support to victims

 

13.3. Monitoring and investigation of human rights cases under the Constitution and Human Rights Commission Act and rules there under

A. Constitutional Provisions (Constitution of Nepal 2072)

The Constitution of Nepal 2072 establishes the National Human Rights Commission (NHRC) as an independent and autonomous constitutional body under Part 27.

Article 248 – National Human Rights Commission (NHRC)

• Establishes the NHRC as an independent body for human rights protection and promotion.

Article 249 – Functions, Duties, and Powers of NHRC

NHRC is authorized to monitor, investigate, and recommend on human rights matters.

Responsibilities:

Clause	Provisions
249(1)(a)	Investigate human rights violations on its own or on complaint
249(1)(b)	Monitor jails, detention centers, and other places of custody
249(1)(c)	Recommend reforms to strengthen human rights enforcement
249(1)(d)	Monitor implementation of international human rights treaties
249(6)	Summon persons, demand documents, inspect institutions

 

B. Human Rights Commission Act, 2068 (2012)

This Act defines the legal framework for NHRC’s activities.

Major Provisions:

Section	Description
4	NHRC can investigate based on complaints or suo motu (own initiative)
5	Power to summon people, ask for documents, and obtain evidence
6	Can enter and inspect any premises like prisons, custody, or offices
7	Can recommend actions such as compensation and prosecution
9	May form investigation teams for complex or sensitive issues
10	Government authorities are required to cooperate with NHRC

 

C. Rules and Procedures under the Act

The Rules of NHRC ensure fair, transparent, and effective investigation processes:

Features:

• Timely and impartial investigations
• Protection of complainants and witnesses
• Confidentiality and due process
• Use of experts (legal, forensic, medical) as needed
• Reporting to the concerned authority and ensuring follow-up

D. Steps in Monitoring and Investigation

1. Complaint Registration
   (By individuals, organizations, or NHRC itself)
2. Preliminary Inquiry
   (To assess jurisdiction and necessity of full investigation)
3. Field Investigation
• Visits, interviews, evidence collection
• Inspections without prior notice
4. Report Preparation
• Findings and recommendations
5. Follow-up Actions
• Government must report back on implementation

Examples of Monitoring by NHRC

• Police custody monitoring
• Child labor and bonded labor investigations
• Election-related rights monitoring
• Conflict-era human rights violations

 

 

13.4. Collection of evidence and fact in human rights violation cases

A. Legal Authority for Evidence Collection

The National Human Rights Commission (NHRC) of Nepal is legally empowered under:

• Constitution of Nepal 2072, Article 249(6)
• Human Rights Commission Act 2068, Sections 4–10

These provisions grant NHRC the authority to collect facts, documents, testimonies, and other evidence during the investigation of human rights violations.

B. Objectives of Evidence Collection

1. Establish the truth behind alleged human rights violations
2. Ensure fairness and transparency in investigations
3. Hold violators accountable and recommend necessary remedies or reforms
4. Maintain records for legal or policy advocacy

C. Methods of Evidence Collection

Method	Description
Written Complaints	From victims, family, NGOs, or through media reports
Interviews & Testimonies	From victims, witnesses, law enforcement, and related parties
Site Visits & Inspections	Direct inspection of crime scenes, detention centers, workplaces, etc.
Document Analysis	Official records (e.g. FIR, medical reports, court orders, arrest logs)
Expert Consultation	Legal experts, forensic scientists, medical doctors
Photographic & Video Evidence	Capturing conditions or injuries as proof
Confidential Information	Protected collection to avoid retaliation or trauma to victims

 

D. Legal Safeguards in Evidence Collection

• Right to privacy and dignity of the victim must be protected
• Evidence must be collected with neutrality and confidentiality
• NHRC can issue notices or summons to ensure cooperation
• No use of coercion or force in obtaining information
• Collected data should be preserved securely and used only for investigation purposes

E. NHRC's Powers (as per Human Rights Commission Act)

Section	Provision
Section 5	Power to summon persons, request documents, and collect evidence
Section 6	Power to enter and inspect any place (e.g., jail, police station, etc.)
Section 7	Authority to collect evidence to recommend prosecution or compensation

 

 

 

13.5. Human rights investigation and monitoring reports

A Human Rights Investigation and Monitoring Report is a formal document prepared by the National Human Rights Commission (NHRC) of Nepal after conducting an investigation or monitoring activity regarding alleged human rights violations.

These reports are:

• Evidence-based
• Legally grounded
• Focused on fact-finding, accountability, and recommendations

B. Legal Provisions

Constitution of Nepal 2072 – Article 249 (1)(a–h)

• NHRC can investigate and monitor human rights violations and submit reports.
• Can make recommendations to the government for action.

Human Rights Commission Act, 2068 – Section 8 and 10

• NHRC must prepare reports after investigations.
• Reports can include recommendations for prosecution, compensation, or legal reform.
• The concerned authority must respond within 3 months regarding actions taken.

C. Contents of the Reports

A standard human rights report usually includes:

Section	Description
Introduction	Background and context of the case
Objectives	Purpose of the investigation or monitoring
Methodology	How the facts were gathered (interviews, visits, documents, etc.)
Findings	Facts and evidence collected during investigation
Analysis	Legal interpretation and human rights framework
Conclusions	Whether human rights were violated
Recommendations	To the government, institutions, or stakeholders for remedy and reform

 

D. Types of Reports

Type	Examples
Thematic Reports	E.g. Status of Child Rights, Prison Conditions, Rights of Migrant Workers
Incident-based Reports	E.g. Reports on conflict-era disappearances, police brutality, gender-based violence
Annual Reports	Overall human rights situation submitted to the President and Parliament

 

E. Submission and Follow-up

• Reports are sent to the Office of the Prime Minister, concerned Ministries, and other relevant institutions.
• The government must respond within 3 months (as per the Act).
• NHRC publishes reports publicly for transparency and public awareness.