UPSC IAS - 2011

Consider the following: 1) Right to education. 2) Right to equal access to public service. 3) Right to food. Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights"?

Year Asked: 2011

A
1 only
B
1 and 2 only
C
3 only
D
1, 2 and 3

Correct Answer

D. 1, 2 and 3

Detailed Explanation

All three rights appear in the Universal Declaration of Human Rights, adopted by the UN General Assembly on 10 December 1948, so the answer is D.

  • 1 (Right to education): Article 26 says everyone has the right to education, free at least at the elementary and fundamental stages.
  • 2 (Equal access to public service): Article 21(2) states that everyone has the right of equal access to public service in his country.
  • 3 (Right to food): Food is not named separately, but Article 25(1) guarantees an adequate standard of living, including food, clothing, housing and medical care. Food is therefore covered.

Core concept: the UDHR is a non-binding declaration. Its rights were given legal force through the ICCPR and ICESCR (1966), and the right to food was explicitly recognised under ICESCR Article 11. For Mains GS-II, this links to the debate on whether socio-economic rights are justiciable, seen in Indian Article 21 jurisprudence and the National Food Security Act, 2013.

Trap: Candidates expect the UDHR to name every right explicitly and reject option 3 because the word 'food' does not appear. Read Article 25 carefully before eliminating.

This question appeared in UPSC Prelims 2011 GS Paper-1.

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