Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

The recognition and protection of the Rights of Women form a crucial part of the global human rights framework. While the Universal Declaration of Human Rights (UDHR) and other core treaties like the ICCPR and ICESCR affirm that all rights apply equally to men and women, the historical and ongoing reality of systemic discrimination faced by women necessitated a dedicated international legal instrument. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) serves this purpose, providing a comprehensive framework for achieving gender equality and advancing women's rights globally.

Adopted by the UN General Assembly in 1979 and entered into force in 1981, CEDAW legally binds States Parties to take all appropriate measures to eliminate discrimination against women in all fields. India ratified CEDAW in 1993, undertaking international obligations to implement its provisions. The Convention operates under the monitoring of the Committee on the Elimination of Discrimination against Women (CEDAW Committee).

Meaning of discrimination against women

CEDAW provides a broad and powerful definition of discrimination against women in its Article 1. This definition is central to the Convention's approach:

"For the purposes of the present Convention, the term 'discrimination against women' shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."

Analyzing this definition reveals several key aspects:

• "Distinction, exclusion or restriction": This covers various forms of disadvantageous treatment, whether active measures or omissions.
• "On the basis of sex": The discrimination must be rooted in the fact that the person is a woman.
• "Effect or purpose": Crucially, discrimination exists not only when the *purpose* of a law or policy is discriminatory, but also when it has a discriminatory *effect*, even if unintended. This addresses both direct and indirect discrimination. For example, a requirement that disproportionately excludes women, even if gender-neutral on its face, could be discriminatory in effect.
• "Impairing or nullifying the recognition, enjoyment or exercise": The consequence of the distinction must be to hinder or negate women's ability to claim and exercise their human rights.
• "Irrespective of their marital status": The definition applies to all women, regardless of whether they are married or not, addressing discrimination faced by single, married, divorced, or widowed women.
• "On a basis of equality of men and women": The benchmark is equality with men.
• "In the political, economic, social, cultural, civil or any other field": The definition covers all areas of life, demonstrating the comprehensive scope of the Convention.

This definition obligates States Parties to address discrimination originating from state laws, policies, and practices, as well as discrimination perpetrated by private individuals, organisations, and enterprises, and discrimination stemming from cultural norms and practices. States must take active steps to eliminate discrimination wherever it occurs, reflecting the obligations to Respect, Protect, and Fulfill women's rights.

Key Rights under CEDAW

CEDAW sets out detailed obligations for States Parties to eliminate discrimination against women in various specific fields, recognising that discrimination is often intersectional and affects different aspects of women's lives simultaneously. The Convention requires states to take "all appropriate measures" to ensure women's equality with men.

Political and public life

Article 7 of CEDAW mandates States Parties to take all appropriate measures to eliminate discrimination against women in the political and public life of the country. This ensures women have an equal opportunity to participate in decision-making processes. This includes the right to:

• Vote in all elections and public referenda and be eligible for election to all publicly elected bodies.
• Participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government.
• Participate in non-governmental organisations and associations concerned with the public and political life of the country.

Achieving this requires not only ensuring legal rights but also addressing practical barriers, such as lack of education, mobility restrictions, or societal attitudes that discourage women's public participation. In India, constitutional amendments (like the 73rd and 74th Amendments) providing reservations for women in Panchayats (local village councils) and municipalities are examples of affirmative action aimed at increasing women's representation in political life, aligning with the spirit of CEDAW.

Education

Article 10 focuses on eliminating discrimination against women in the field of education. States must take measures to ensure equal rights with men in education, including:

• The same conditions for career and vocational guidance, access to studies and achievement of diplomas in educational establishments of all categories in rural as well as in urban areas.
• Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality.
• The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education, encouraging coeducation and revising textbooks and school programmes.
• The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes.
• The reduction of female student drop-out rates and the organisation of programmes for girls and women who have left school prematurely.
• The same opportunities to participate actively in sports and physical education.
• Access to specific educational information to help ensure the health and well-being of families, including information and advice on family planning.

Ensuring girls' access to education is critical for empowering women and breaking cycles of poverty. In India, policies promoting girls' enrollment and retention in schools, addressing issues like sanitation facilities for girls, and awareness campaigns are steps towards fulfilling obligations under CEDAW and the Right to Education Act, 2009 (which applies to all children, including girls).

Employment

Article 11 requires States Parties to eliminate discrimination against women in the field of employment. This is essential for women's economic independence and empowerment. Key rights include:

• The right to work as an inalienable right of all human beings.
• The right to the same employment opportunities, including application of the same criteria for selection in matters of employment.
• The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service.
• The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value.
• The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave.
• The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.

Article 11 also specifically addresses preventing discrimination on grounds of marriage or maternity and ensuring the right to maternity leave with pay or comparable social benefits. In India, laws like the Equal Remuneration Act, 1976, the Maternity Benefit Act, 1961, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), are important legislative measures aimed at achieving equality and protecting women in the workplace, reflecting obligations under CEDAW and the Indian Constitution (Articles 15 & 16).

Health

Article 12 addresses the elimination of discrimination against women in the field of health care. States must take all appropriate measures to ensure women equal access to health care services, including those related to family planning. Paragraph 2 of Article 12 focuses specifically on appropriate services in connection with pregnancy, confinement, and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.

Achieving this requires ensuring not only physical access to health facilities but also that women can access services free from discrimination, coercion, or violence, and that their specific health needs are addressed throughout their lifespan. This includes reproductive health services. In India, public health initiatives like the National Health Mission (NHM) with a focus on maternal and child health, and programmes promoting access to reproductive healthcare, are steps taken towards fulfilling the right to health for women, consistent with CEDAW and the aspirations of DPSP Article 47 and the judiciary's interpretation of Article 21.

Marriage and family relations

Article 16 is a crucial article that aims to eliminate discrimination against women in all matters relating to marriage and family relations. It seeks to establish equality between men and women in family matters and is particularly relevant for challenging traditional or personal laws and practices that are discriminatory against women. It requires states to take all appropriate measures to eliminate discrimination against women in these areas and, in particular, to ensure, on a basis of equality of men and women:

• The same right to enter into marriage.
• The same right freely to choose a spouse and to enter into marriage only with their free and full consent.
• The same rights and responsibilities during marriage and at its dissolution.
• The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount.
• The same rights with regard to the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
• The same rights with regard to the number of children and the spacing of the children and to have access to the information, education and means to enable them to exercise these rights.
• The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation.
• The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount.

Furthermore, Article 16(2) prohibits the betrothal and marriage of children and requires legislative action to specify a minimum age of marriage. This article is highly relevant in contexts like India, where different personal laws govern family matters for different religious communities, some of which contain discriminatory provisions against women. Debates around issues like triple talaq (now criminalised) and uniform civil code touch upon the principles enshrined in Article 16. Legislative reforms aiming at gender equality in inheritance, divorce, and guardianship laws are consistent with CEDAW obligations.

By addressing discrimination across these varied spheres, CEDAW provides a comprehensive roadmap for States Parties to dismantle legal, social, and cultural barriers that prevent women from enjoying their human rights on an equal footing with men, contributing significantly to the global pursuit of gender equality.

Convention on the Rights of the Child (CRC)

The recognition that children have specific rights, distinct from those of adults, culminated in the adoption of the Convention on the Rights of the Child (CRC) by the United Nations General Assembly on 20 November 1989. This landmark treaty is the most widely ratified international human rights instrument in history, demonstrating a global commitment to protecting and promoting the rights of children. The CRC entered into force in 1990, and India ratified it in 1992, signaling its commitment to upholding the rights enshrined within the Convention for children in the country.

The CRC represents a paradigm shift in how children are viewed – from being seen as passive objects of care and protection to being recognised as active subjects of rights, with inherent dignity and entitlements. It is a comprehensive treaty covering the civil, political, economic, social, and cultural rights of children (defined as every human being below the age of 18, unless majority is attained earlier under national law).

Best interests of the child principle

One of the four core principles of the CRC, considered fundamental to its interpretation and implementation, is the principle of the best interests of the child. Article 3(1) of the CRC states: "In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration."

Key aspects of this principle:

• Primary Consideration: This means that when any decision or action affecting a child or group of children is made, their best interests must be given significant weight – it must be a primary factor in the decision-making process. It may not always be the *sole* or *overriding* consideration, as other legitimate factors (like public safety or the rights of others) may need to be balanced, but the child's best interests must be a prominent and active consideration.
• Determining Best Interests: What constitutes the "best interests" of a child is not a fixed concept but must be determined on a case-by-case basis, taking into account the specific circumstances of the child or group of children concerned. This involves assessing various factors, including the child's age, maturity, views (as per Article 12 CRC), family environment, health, educational needs, and protection needs.
• Applicability: The principle applies to all actions concerning children, undertaken by *any* entity – state authorities (legislature, executive, judiciary, administrative bodies), as well as private institutions. This means, for example, a court deciding on child custody, a government department formulating education policy, or a social worker making decisions about child protection must consider the child's best interests.
• Process and Substantiation: Decision-makers must follow a proper process to assess and determine the child's best interests. The decision should demonstrate that the best interests of the child were indeed a primary consideration and explain how they were assessed and weighed against other considerations.

The Committee on the Rights of the Child (monitoring body for the CRC) has issued General Comment No. 14 (2013) which provides detailed guidance on the best interests of the child as a substantive right, a fundamental interpretative legal principle, and a rule of procedure. This principle serves as a vital standard for evaluating laws, policies, and individual decisions affecting children in India, influencing judicial decisions in matters of custody, adoption, juvenile justice, and child protection.

Key Rights under CRC

The CRC provides a comprehensive framework covering the full spectrum of children's rights, often broadly categorised into four areas: Survival, Development, Protection, and Participation. While many rights fit into multiple categories, this classification helps understand the broad scope of the Convention. These rights are interdependent and indivisible.

Survival and development

Rights related to Survival and Development ensure that children can live and reach their full potential, physically, mentally, and emotionally. These rights are crucial for laying the foundation for a healthy and fulfilling life.

• Right to Life, Survival and Development (Article 6): This is a fundamental right. States must ensure the child's survival and development to the maximum extent possible. This goes beyond mere physical survival to include physical, mental, spiritual, moral, and social development.
• Right to Health (Article 24): Children have the right to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States must take appropriate measures to diminish infant and child mortality, combat disease and malnutrition, ensure access to healthcare, and provide necessary medical assistance.
• Right to an Adequate Standard of Living (Article 27): Every child has the right to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. Parents or others responsible for the child have the primary responsibility to secure this, but States Parties must take appropriate measures to assist them, particularly with regard to nutrition, clothing, and housing.
• Right to Education (Article 28): Children have the right to education on the basis of equal opportunity. States must make primary education compulsory and free to all, encourage the development of different forms of secondary education, and make it available and accessible to every child. Education should promote the development of the child's personality, talents, and mental and physical abilities to their fullest potential (Article 29). In India, the Right to Education Act, 2009, implementing Article 21A of the Constitution, is a key step towards realising this right for children aged 6-14.

These rights require significant investment by the state in public services and support for families, reflecting the "Fulfill" obligation.

Protection from abuse and exploitation

Protection rights are essential to shield children from all forms of harm, violence, abuse, exploitation, and neglect. These rights impose strong "Protect" obligations on the state.

• Protection from Violence, Abuse, and Neglect (Article 19): States must take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
• Protection from Child Labour (Article 32): Children have the right to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development. States must set minimum ages for employment and regulate working hours and conditions. In India, laws like the Child Labour (Prohibition and Regulation) Act, 1986 (as amended) and Article 24 of the Constitution reflect this protection.
• Protection from Sexual Exploitation and Abuse (Article 34): States must protect children from all forms of sexual exploitation and sexual abuse, including prostitution and involvement in pornographic performances. The Protection of Children from Sexual Offences (POCSO) Act, 2012, in India, is a specific law aimed at implementing this protection.
• Protection from Sale, Trafficking, and Abduction (Article 35): States must take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
• Protection from Torture and Deprivation of Liberty (Article 37): No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. No child shall be deprived of liberty unlawfully or arbitrarily. Detention of a child shall be used only as a measure of last resort and for the shortest appropriate period. Children deprived of liberty must be treated with humanity and respect for the inherent dignity of the human person, taking into account the needs of persons of their age. This aligns with Article 7 and 9 of the ICCPR.
• Juvenile Justice (Article 40): Children alleged as, accused of, or recognised as having infringed the penal law have the right to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration. Guarantees include presumption of innocence, speedy trial, legal assistance, and privacy. The Juvenile Justice (Care and Protection of Children) Act, 2015, in India, governs the treatment of children in conflict with the law.

These protection rights require robust legal frameworks, effective enforcement mechanisms, and specialised child protection services.

Participation rights

Participation rights recognise the child's right to have their voice heard and to participate in matters affecting them, according to their evolving capacity. This is a more recent emphasis in human rights discourse concerning children.

• Right to Express Views (Article 12): States must assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. This includes the right to be heard in judicial and administrative proceedings affecting the child.
• Freedom of Expression (Article 13): Children have the right to freedom of expression, including the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice (subject to similar limitations as for adults).
• Freedom of Association and Peaceful Assembly (Article 15): Children have the right to freedom of association and freedom of peaceful assembly (again, subject to limitations necessary in a democratic society).
• Freedom of Thought, Conscience and Religion (Article 14): While respecting the rights and duties of parents, States must respect the child's right to freedom of thought, conscience and religion.

These participation rights challenge traditional paternalistic views of childhood and emphasise the importance of respecting children's agency and evolving capacity to make decisions about their lives. Implementing these rights requires creating safe spaces for children to express themselves, ensuring their views are considered in relevant decisions, and providing them with age-appropriate information.

Optional Protocols to CRC

The Convention on the Rights of the Child is supplemented by three Optional Protocols, which are treaties in their own right. States that ratify the CRC can choose to ratify these Optional Protocols to strengthen their commitment to specific areas of child protection. They build upon and elaborate the rights in the main Convention.

Optional Protocol on the involvement of children in armed conflict (OPAC)

Adopted in 2000 and entered into force in 2002, this Protocol aims to protect children from recruitment and use in armed conflicts. It raises the minimum age for direct participation in hostilities from 15 (under the main CRC) to 18 years and requires states to take all feasible measures to ensure that members of their armed forces below the age of 18 years do not take a direct part in hostilities. States must also raise the minimum age for voluntary recruitment into their national armed forces from 15 to at least 16. Non-state armed groups are also prohibited from recruiting or using in hostilities persons under 18. India ratified OPAC in 2005.

Optional Protocol on the sale of children, child prostitution and child pornography (OPSC)

Adopted in 2000 and entered into force in 2002, this Protocol aims to prevent and criminalise the sale of children, child prostitution, and child pornography. It requires States Parties to prohibit and criminalise these acts and establish comprehensive measures to protect victims, prosecute perpetrators, and promote international cooperation to combat these crimes. India ratified OPSC in 2004.

Optional Protocol on a communications procedure (OPIC)

Adopted in 2011 and entered into force in 2014, this Protocol establishes a complaint mechanism, allowing children (or their representatives) to submit complaints to the Committee on the Rights of the Child if they believe their rights under the CRC or its first two Optional Protocols have been violated and they have exhausted all available domestic legal remedies. The Committee examines the complaint and issues its "views" or recommendations. This mechanism provides an avenue for individual redress at the international level for children whose rights have been violated. India has NOT ratified OPIC.

Through the CRC and its Optional Protocols, the international community has created a robust legal framework specifically dedicated to the rights and well-being of children, urging states like India to translate these standards into concrete actions that protect every child and enable them to thrive.

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

While core human rights treaties like the ICCPR guarantee equality and non-discrimination for all individuals, specific attention has been given to the rights of persons belonging to minorities. Minorities, defined generally as groups numerically inferior to the rest of the population in a state, in a non-dominant position, whose members possess ethnic, religious or linguistic characteristics which differ from those of the rest of the population and who, if only implicitly, maintain a sense of solidarity, directed towards preserving their culture, traditions, religion or language, often face unique challenges, including discrimination, exclusion, and threats to their distinct identity.

The primary international instrument addressing the rights of persons belonging to minorities is the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by the UN General Assembly by consensus in 1992. Although a Declaration (non-binding instrument), its provisions are widely considered reflective of existing or emerging principles of international law, and they elaborate on the rights relevant to minorities found in binding treaties like Article 27 of the ICCPR and Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide.

Protection of identity, culture, language, religion

The Minority Declaration focuses on the protection and promotion of the collective and individual identity of persons belonging to minorities. Key rights guaranteed by the Declaration include:

• Right to enjoy own culture, profess own religion, use own language (Article 2.1): Persons belonging to national or ethnic, religious and linguistic minorities have the right to enjoy their own culture, to profess and practice their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination. This echoes and expands on Article 27 ICCPR.
• Right to participate effectively (Article 2.2 & 2.3): Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life. They also have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation. This addresses concerns about political participation and influence over matters directly affecting minorities.
• Right to establish and maintain associations (Article 2.4): They have the right to establish and maintain their own associations.
• Right to establish educational institutions and learn own language (Article 4.2 & 4.3): States should take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language and religion. Persons belonging to minorities should have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue.
• Right to establish and maintain contacts (Article 2.5): They have the right to establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citizens of other States to whom they are related by national or ethnic, religious or linguistic ties.

The Declaration places obligations on states to protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and to adopt appropriate legislative and other measures to achieve those ends (Article 1). States should also take measures to ensure that persons belonging to minorities may exercise their human rights and fundamental freedoms fully and effectively without any discrimination and in full equality before the law (Article 4.1).

In India, the Constitution provides specific protections for minorities, particularly cultural and educational rights (Articles 29 and 30) which align with the principles of the Minority Declaration, such as the right to conserve distinct language, script, and culture, and the right to establish and administer educational institutions of their choice. However, the definition of 'minority' in India (primarily based on religion and language) and the implementation of these rights remain subjects of ongoing legal and social discussion. The National Commission for Minorities Act, 1992, also provides a statutory framework for protecting minority rights, consistent with international norms.

Declaration on the Rights of Indigenous Peoples (UNDRIP)

Indigenous Peoples are distinct from minorities, generally defined by factors such as historical continuity with pre-colonial or pre-settler societies, distinct cultural characteristics, links to ancestral territories, and self-identification as indigenous. Globally, indigenous peoples often face marginalisation, dispossession of lands, cultural assimilation policies, and severe human rights violations.

The primary international instrument dedicated to their rights is the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted by the UN General Assembly in 2007. Like the Minority Declaration, UNDRIP is a non-binding declaration, but it is widely regarded as reflecting international consensus on the minimum standards for the survival, dignity, and well-being of indigenous peoples and has significant moral and legal authority, influencing state practice and jurisprudence.

Self-determination, land rights, cultural rights

UNDRIP is a comprehensive document affirming a wide range of rights for indigenous peoples, building upon existing human rights norms and adapting them to the specific context of indigenous experiences. Key themes and rights in UNDRIP include:

• Self-Determination (Article 3): Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. This right can be interpreted in various ways, including internal self-determination (autonomy or self-governance within a state) and external self-determination (less common, concerning independence), but in the context of UNDRIP, it primarily relates to the right to manage their own affairs and development.
• Land Rights (Articles 25, 26, 27, 28): Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories and resources and to uphold their responsibilities to future generations in this regard (Article 25). They have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired (Article 26). States must establish and implement processes to recognise and protect these rights (Article 27) and provide redress for lands, territories and resources which have been confiscated, taken, occupied or damaged without their free, prior and informed consent (Article 28). Land rights are central to indigenous identity, culture, and livelihood.
• Cultural Rights (Articles 11, 12, 13, 14): Indigenous peoples have the right to practice and revitalize their cultural traditions and customs (Article 11), manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies (Article 12), and to use, revitalize, use and transmit their histories, languages, oral traditions, philosophies, writing systems and literatures (Article 13). They also have the right to establish and control their educational systems and institutions (Article 14).
• Free, Prior and Informed Consent (FPIC) (various articles, e.g., 10, 19, 32): A crucial principle running through UNDRIP is the requirement for states to obtain the free, prior and informed consent of indigenous peoples before adopting or implementing legislative or administrative measures that may affect them (Article 19), or before undertaking projects affecting their lands, territories and resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources (Article 32.2). This principle is a cornerstone for protecting indigenous autonomy and land rights.
• Other Rights: UNDRIP also affirms rights related to health (Article 24), employment (Article 17), participation in decision-making (Article 18), administration of justice (Article 40), and maintaining traditional justice systems (Article 34).

UNDRIP requires states to cooperate with indigenous peoples to implement the Declaration's provisions. It does not create new rights but affirms existing human rights as they apply to indigenous peoples, recognising their collective dimension and specific circumstances.

While India voted in favour of UNDRIP, its application in the Indian context is complex. India has a large and diverse population of tribal communities, officially recognised as Scheduled Tribes (STs). While some argue that STs fall under the definition of indigenous peoples, the Indian government has generally referred to them as "tribal communities" and addressed their rights primarily through domestic laws and policies, including constitutional provisions (like Fifth and Sixth Schedules allowing for autonomous administration in certain tribal areas), land transfer regulations, and laws like the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act), which recognises traditional forest dwelling communities' rights to forest land and resources, aligning with principles like land rights and FPIC in UNDRIP.

The rights of minorities and indigenous peoples highlight the need for human rights frameworks to be sensitive to the rights of groups to maintain their distinct identities and address the specific forms of discrimination and disadvantage they face, moving beyond solely individualistic conceptions of rights.