Directive Principles – Legislative and Administrative Implementation of International Human Rights Norms
Directive Principles
Directive Principles of State Policy are guidelines or principles set out in the constitution (like in India’s Constitution, Part IV) aimed at guiding the state in making laws and policies. They are not enforceable by courts but serve as important goals for governance, focusing on social justice, economic welfare, and human rights.
Legislative Implementation of International Human Rights Norms
Legislative implementation means the process by which international human rights treaties, agreements, or norms are incorporated into domestic law by passing legislation.
How it works:
After a country ratifies an international human rights treaty (e.g., the International Covenant on Civil and Political Rights, ICCPR), the government must enact laws that reflect the treaty’s obligations.
Legislators draft and pass bills that prohibit discrimination, protect freedom of speech, outlaw torture, etc., in line with international standards.
Laws can create institutions (human rights commissions), set penalties, and establish rights for citizens.
Example:
India ratified the Convention on the Rights of the Child (CRC), leading to laws like the Juvenile Justice Act and amendments to protect children’s rights.
Administrative Implementation of International Human Rights Norms
Administrative implementation involves government agencies and officials applying, enforcing, and promoting human rights norms through policies, regulations, and programs.
Includes issuing guidelines, training public officials, running awareness campaigns, and monitoring human rights compliance.
Government departments work with civil society and international bodies to ensure these norms translate into everyday practice.
Administrative bodies often handle complaints, provide remedies, and ensure access to justice for victims.
Example:
The establishment of human rights commissions or ombudsman offices that investigate human rights violations.
Role of Directive Principles in Implementation
Directive Principles often reflect international human rights norms, such as promoting equality, dignity, and social welfare.
They provide a moral and political framework urging governments to enact laws and administer policies that uphold human rights.
Although non-justiciable, they inspire judicial interpretation of fundamental rights and legislative reforms.
Governments use Directive Principles as justification for aligning domestic laws with international obligations.
Summary: Linking Directive Principles and Implementation
| Aspect | Directive Principles | Legislative Implementation | Administrative Implementation |
|---|---|---|---|
| Nature | Non-justiciable constitutional guidelines | Law-making to incorporate norms | Enforcement & promotion through govt agencies |
| Function | Guide state policy towards justice and welfare | Translate international norms into domestic law | Ensure practical realization of rights |
| Relation to International Norms | Reflect human rights ideals in constitution | Adopt treaties via legislation | Apply policies and programs |
| Example | Promote equality, dignity, social justice | Anti-discrimination laws | Human rights commissions |
Do write to us if you need any further assistance.
RELATED Blog
0 comments