freedoms, while Part 4 of the Constitution under the guiding principles of the State provides
directions to the State to work for the upliftment and welfare of women, children, indigenous
populations and other exploited classes.
1.1.1
The Situation of Human Rights in Nepal
The value of human rights and its area of work has been continuously expanding and becoming
more and more dynamic. In order to transform the human rights standards into national laws
and make all the countries of the world accountable regarding the protection, promotion and
implementation of human rights, international human rights standards have been created by
framing various conventions and covenants. As per these international standards, the United
Nations carries out regular monitoring of the human rights situation in a country. The United
Nations also regularly monitors whether the instruments ratified by the member counties have
been implemented or not according to international legal commitments.
In this context, Nepal has become a signatory to 18 conventions and covenants, and it has
ratified/acceded to 16 of them. After ratifying and becoming a party to international law, the
countries have the responsibility of incorporating these legal provisions in national laws and
implementing them in totality. They also have to send periodic reports to the concerned
committees of the United Nations regarding the state of implementation. The international
human rights conventions and covenants to which Nepal is a State party are included
in Annex 1.
While talking about the human rights situation in Nepal, the implementation aspect of
international instruments to which the country has shown its commitment and for protecting
and promoting the rights of the people becomes an important concern. In addition, there is the
necessity of holding extensive discussions and deliberations at the national level and ratifying
various international instruments that can be of assistance in increasing the dignity of the
democratic system adopted by Nepal and in fulfilling the present necessities of the country in
the context of the ongoing trend of globalization. There is also the necessity of sending to the
United Nations Committees the periodic reports necessary in accordance with the various
instruments ratified by the government. The Nepalese government, however, has not fulfilled
these obligations totally. Thus, there is the necessity of giving special attention to the matter.
All the international instruments to which Nepal is a State party are equally important.
However, in the context of Nepal, foremost among them are the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention on the Right of the Child, the Convention Against Torture and other Cruel,
Inhuman and Degrading Treatment or Punishment and the Convention on the Elimination of
All Forms of Discrimination Against Women.
The attempts at incorporating in the domestic laws the provision of international human rights
standards to which Nepal has pledged its commitment have only been partially successful. The
fundamental rights guaranteed by the Constitution of the Kingdom of Nepal (1990) have
succeeded to a large extent in incorporating the provisions of the International Covenant on
Civil and Political Rights. In case of infringement on the fundamental rights embodied in the
constitution of Kingdom of Nepal (1990), there is a provision of reinstating the rights according
to Article 23 by adopting the procedures according to Article 88. On the other hand, the