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A Legal Examination Of Human Rights Violations During The Nepal “Gen-Z” Protests (Freedom Of Expression, Right To Life, And Democratic Governance)




Krita Sharma, VIPS affiliated with GGSIPU


ABSTRACT


The recent civil unrest in Nepal, triggered by the sudden restriction on digital communication platforms and exacerbated by long-standing governmental corruption, raises significant concerns regarding violations of fundamental human rights recognized under both international and domestic legal frameworks. This research critically examines the State’s conduct in light of the Universal Declaration of Human Rights, which protects the right to freedom of expression and ensures individuals can access and disseminate information without undue interference, as well as the right to peaceful assembly, which secures citizens’ ability to protest and engage in political participation. The disproportionate and lethal use of force contravenes the International Covenant on Civil and Political Rights, which safeguards the right to life and personal liberty and prohibits arbitrary detention and suppression of dissent. Furthermore, the UN Basic Principles on the Use of Force and Firearms underscore that force must be employed only as a last resort, in a proportionate manner. The UN Declaration on Human Rights Defenders emphasizes the State’s obligation to respect and protect individuals advocating for human rights. The Nepal’s Constitution guarantees equality, freedom of expression, communication, and assembly, permitting restrictions only in narrowly defined circumstances that are lawful, necessary, and proportionate to legitimate public interests. This paper explores the legal ramifications of the State’s actions, the tension between security concerns and civil liberties, and the erosion of democratic norms.


Keywords: Human rights violations, freedom of expression, right to peaceful assembly, right to life, personal liberty, arbitrary detention, rule of law, regional cooperation.




Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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