Research Teams 

The following Research Teams are currently active. 

1. Research Team for New Global Treaties in International Law

2. Research Team for Energy Studies and Human Rights 

3. Research Team for Rights in Nature

4. Research Team for the Study of  Optional Protocols to  Human Rights Treaties

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1. Research Team for New Global Treaties in International Law

Details:

Time Frame: July-November, 2020

Members: Mallika Ramachandran, Anandita Yadav,  Deepa Kansra

Status: Active

 

Scope:

Reforms have been actively pursued by States and the United Nations in the last twenty-five years. At this juncture, there are key proposals pending finality or completion as binding global frameworks. There is the proposal for a Convention on the Rights of Older Persons, a Treaty on Human Rights and Business and the Zero Draft on Right to Development. Considering time and context are important to international law, the proposals shed light on the new agendas and approaches, making them an important area of study under international law. 

2. Research Team for Energy Studies & Human Rights

Details: 

Time Frame : August- December, 2020

Members: Nidhi Srivastava & Deepa Kansra

Status: Active

 

Energy is a resource, of material and non-material value to multiple stakeholders including state, corporations, communities and individuals. Over the years, with questions posed on the processes of energy consumption, production and distribution, the domain of energy systems and all of its advancements has been reviewed in light of claims for justice, equality, affordability, and availability.

 

Who owns energy? Can energy become a source of injustice and deprivation? Is energy a recognized human right? Are energy resources a market commodity or public good? With a large canvas for exploration and study, the importance of the interface between energy studies and human rights is undeniable.  

 

3. Research Team for Rights in Nature

Details:

Time Frame: May- June, 2020

Final Report: Earth Consciousness and Evolving Frameworks, 2020

Special:  Earth Day and World Biodiversity Day, 2020.

Members: Kirat Sodhi & Deepa Kansra

Status: Task completed

 

 

 

 

 

 

 

 

The task of the Research Team was to highlight the expansion and influence of earth consciousness or awareness  within legal, social and political spaces. 

The document entails a summary of developments in the context of growing earth consciousness around the world. It briefly takes a note of the rights revolution which has influenced legal frameworks and processes in many jurisdictions, as well as the on-going deliberations on the Post 2020 Global Biodiversity Agenda involving multi-stakeholders.

 

Earth consciousness has been referred to as the awareness of the relationship that human beings share with earth. It involves the study of earth forms, their life processes and inherent needs. Earth consciousness has created a field of frameworks & knowledge systems permeating into the day to day lives of humans including their political-economic-cultural spaces. The expression earth consciousness can be interpreted in many ways to include human awareness of nature & its processes, or the bond with mother earth & and all its forms  .

 

Notably, legal & policy frameworks within the domestic, regional & global systems have evolved over the years. The field covering the relationship of human beings with nature includes a set of both binding & non-binding instruments; Multilateral frameworks, Bilateral agreements, Declarations, Resolutions, Policy Documents...

 

In the sphere of law and policy , normative frameworks identify and define the scope of relatability between nature & humans and the responsibilities arising therefrom. The legal landscape on the subject has grown significantly at the domestic & international level. [e.g. The Rights Frameworks recognizing rights and interests of nature and its various forms. The Multilateral Biodiversity Framework focusses on the relationship between nature and people- Convention on Biodiversity, CBD].

 

The document makes a reference to the Universal Declaration of the Rights of Mother Earth, 2010, Universal Declaration of River Rights, 2017, the Inherent Rights of Mountains.

 

In addition, the Post 2020 framework has been referred, which involves the adoption of new perspectives and initiatives based on the experiences of the past. Deliberations at the national, regional and global level are on-going. Stakeholders from diverse fields have come forward to contribute to the theme of Post 2020 Global Biodiversity Framework. The emerging 2020 framework can be seen as a multi-stakeholder framework based on a transdisciplinary perspective of biodiversity and our evolving relationship with nature.

 

The following are few of the areas for further study and discussion, as identified in the Report;

 

  1. Mainstreaming of Biodiversity

  2. Multiple values of Biodiversity

  3. Standards For Different Sectors And Different Economies

  4. Data Management And Filling Of Data Gaps

  5. Integrating Perspectives local Communities, Vulnerable Groups, Governments, Business Sector, Civil Society Strategies

  6. Synchronization of  Existing Frameworks Including Climate Change , Disaster Reduction Etc.

  7. The Universalization/ Transnationalization Of Earth Consciousness Perspectives And The New Framework

4. Research Team for Study of Optional Protocols to

Human Rights Treaties 

Details

Time Frame: June, 2020-

Report: Introduction to ICESCR Optional Protocol [OP-ICESCR]

Members: Mallika Ramachandran & Deepa Kansra

Status: Active

 

 

 

 

 

 

The document on Introduction to the ICESCR- Optional Protocol [OP-ICESCR] is an addition to the on-going work on the Human Rights Framework on ESC Rights. It covers basic information on the objectives of the OP and the key provisions dealing with the redressal mechanisms and processes. Much emphasis is given to highlighting the expansion of the normative framework through the works of the Committee under the ICESCR. The document highlights a few of the important standards developed, interpreted and applied by the Committee in its dealing with member states. The document also mentions a few areas that need further study and analysis in order to understand the impact of the OP-ICESCR mechanisms within domestic jurisdictions, particularly of the member states.

 

Following are a few of the points for further study and discussion, as identified in the document;

1.View the evolution & expansion of ESC rights in light of the mechanisms under the OP-ICESCR.

 

2. Study the direct and indirect impact of the CESCR jurisprudence on courts having domestic & regional jurisdictions.

 

3. Study the influence of CESCR Jurisprudence on the works of other human rights treaty bodies.

 

4. Study the impact of CESCR Recommendations on other UN mechanisms including Universal Periodic Review, Special Rapporteurs.

 

5. Ascertain the emphasis given to data and quantitative details of rights under the ICESCR- OP mechanisms.

 

6. Study the significance of the OPERA Framework for ICESCR , designed to combine the quantitative & qualitative data on ESCR.

 

7. Study the procedural and other factors that limit the access to the OP-ICESCR mechanism by victims of ESC rights violations.

 

 

8. Compare statistics on cases under the OP-ICESCR and under other Optional Protocols of human rights treaties.

 

9. Study the emerging CESCR jurisprudence in light of COVID-19.

CLASSROOM SERIES: READING HUMAN RIGHTS

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