Development of Human Rights Law

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Questions and Answers

Which historical event directly resulted from the desire to establish universally valid principles related to nature, humanity, and society?

  • The England's Revolution of 1688 (correct)
  • The French Revolution
  • The Renaissance
  • The American Civil War

During the 18th and 19th centuries, the denial of what prompted individuals to assert their human rights amidst political absolutism?

  • Freedom of speech and assembly
  • Liberty, property, and safety (correct)
  • Access to education and healthcare
  • The right to bear arms and form militias

Why did the association of rights with religion diminish their acceptance among philosophical and political liberals?

  • Religious interpretations of rights conflicted with economic progress.
  • Rights rooted in religion were seen as culturally biased.
  • Liberals sought to secularize governance and law. (correct)
  • Religious institutions historically opposed individual liberties.

According to F.H. Bradley, what should be the ultimate standard of consideration instead of individual rights?

<p>The welfare of the community (D)</p> Signup and view all the answers

The fall of Nazi Germany and its laws that condoned torture and execution without public trial led to the realization that law and morality cannot be solely based on what?

<p>Utilitarian/Idealist doctrine (A)</p> Signup and view all the answers

Contemporary philosophers generally agree that human beings are entitled to basic rights; which of the following aligns with such rights?

<p>Respect (A)</p> Signup and view all the answers

Which of the following is a regional human rights instrument that influences the development of human rights law in South Africa?

<p>The European Convention for the Protection of Human Rights &amp; Fundamental Freedoms (C)</p> Signup and view all the answers

The European Social Charter is based on which international covenant?

<p>International Covenant on Economic, Social &amp; Cultural Rights (B)</p> Signup and view all the answers

What mechanism does the European Social Charter employ to monitor compliance and progress among its member states?

<p>Sending of progress reports &amp; appraisals cy committees &amp; organs of the Council of Europe (C)</p> Signup and view all the answers

Which declaration was adopted by the Pan-American Conference, influencing the Inter-American Human Rights system?

<p>The American Declaration on the Rights &amp; Duties of Man (A)</p> Signup and view all the answers

Flashcards

Universally valid principles

Nature, humanity, and society.

Bill of Rights (BOR)

The England's Revolution of 1688 resulted in this.

Human rights in the 18th & 19th centuries

Political absolutism prompted people to assert their rights to liberty, property, and safety.

F.H. Bradley's view on individual rights

Individual rights aren't as important as community welfare.

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Flaws of Utilitarian/Idealist doctrine

Nazi Germany's laws condoning torture and execution showed law and morality can't be based on these doctrines.

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Basic rights of humans

Human beings are entitled to it.

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European Convention for the Protection of Human Rights & Fundamental Freedoms

Based on the draft of the International Covenant on Civil & Political Rights; represented an international experiment.

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European Social Charter

Based on the International Covenant on Economic, Social & Cultural Rights; creates a control system with progress reports.

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American Declaration on the Rights & Duties of Man

Pan-American Conference adopted this.

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Study Notes

  • Universal principles desired are nature, humanity, and society.
  • These desires resulted in England's Revolution of 1688, resulting in the BOR.
  • Human rights were called another name during the 18th & 19th century struggles, political absolutism prompted man to claim those rights because they were denied them, i.e. liberty, property, safety.
  • Rights were frequently associated with religion as 'eternal', they became less & less acceptable to philosophical & political liberals.
  • F.H Bradely said that the rights of an individual aren't worth serious consideration; rather, the welfare of the community is the ultimate standard.
  • The rise and fall of Nazi Germany & how the nation's laws condoned torture & execution without public trial pointed to the realization that law & morality can't be based on Utilitarian/Idealist doctrine.
  • Philosophers now believe that human beings are entitled to at least basic rights like respect.

Development of Human Rights Law in South Africa

  • European Convention for the Protection of Human Rights & Fundamental Freedoms is based on the draft of the International Covenant on Civil & Political Rights that represented the most advanced & successful international experiment.
  • The European Social Charter, based on the International Covenant on Economic, Social & Cultural Rights, created a system of control based on the sending of progress reports & appraisals of committees & organs of the Council of Europe.
  • Inter-American Human Rights system: Pan-American Conference adopted the American Declaration on the Rights & Duties of Man.

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