Extraterritorial Positive Obligations in Human Rights
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Questions and Answers

What type of jurisdiction is limited beyond a state's borders?

  • Extraterritorial
  • Positive (correct)
  • Prescriptive
  • Adjudicative
  • In what cases do human rights bodies impose extraterritorial obligations on states?

  • During times of exceptional circumstances
  • When states have exclusive control abroad
  • When private actors are involved (correct)
  • When dealing with diplomatic issues
  • What is the purpose of prescriptive extraterritorial jurisdiction for states?

  • To assert dominance over other nations
  • To regulate and prevent human rights abuses by private actors abroad (correct)
  • To avoid international conflicts
  • To limit access to justice for victims
  • Why did victims of Martial Law file their claim in New York instead of the Philippines?

    <p>Part of Ferdinand Marcos' estate was located in New York</p> Signup and view all the answers

    What does the right to access to a court ensure?

    <p>Prevention of denying access to justice</p> Signup and view all the answers

    Under what circumstances should states exercise adjudicative extraterritorial jurisdiction according to the text?

    <p>When victims are unable to find any forum for their cases</p> Signup and view all the answers

    What was the ruling regarding Canada's extraterritorial obligations under the Covenant?

    <p>Canada violated its extraterritorial obligations</p> Signup and view all the answers

    Why was the case regarding Canadian corporations' activities in the occupied Palestinian territory deemed inadmissible by the Committee?

    <p>Insufficient evidence regarding Canada's involvement</p> Signup and view all the answers

    What could be considered a necessary complement to extending the rights of private actors under international law?

    <p>Imposing extraterritorial obligations on home States</p> Signup and view all the answers

    What is the broader duty of States concerning the protection of their territory from private actors causing damage to another State?

    <p>Protecting their territory from misuse by private actors</p> Signup and view all the answers

    What should the home State avoid doing regarding its extraterritorial obligations and human rights?

    <p>Create obstacles to fulfilling these obligations</p> Signup and view all the answers

    In what context was the issue of adjudicative extraterritorial jurisdiction raised?

    <p>Cases alleging torture by foreign officials seeking damages</p> Signup and view all the answers

    What was the International Covenant on Civil and Political Rights (ICCPR) adopted simultaneously with?

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

    What marked a period of intense treaty-making activity following the adoption of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)?

    <p>Adoption of the International Covenant on Civil and Political Rights (ICCPR)</p> Signup and view all the answers

    What body was established by experts to supervise compliance with the International Covenant on Civil and Political Rights (ICCPR)?

    <p>Human Rights Committee</p> Signup and view all the answers

    Which of the following rights is NOT listed in the International Covenant on Civil and Political Rights (ICCPR)?

    <p>Right to free healthcare</p> Signup and view all the answers

    What type of bodies can victims of violations complain before at domestic level as per the International Covenant on Civil and Political Rights (ICCPR)?

    <p>Before courts or quasi-judicial bodies</p> Signup and view all the answers

    Which set of treaties are often referred to as the 'core human rights treaties'?

    <p>'core human rights treaties'</p> Signup and view all the answers

    Which type of rights require the State to adopt certain measures, implying that a purely passive attitude is not enough?

    <p>Both civil and political rights</p> Signup and view all the answers

    Are civil and political rights described as imposing only negative obligations (duty of abstention)?

    <p>No, they require positive measures</p> Signup and view all the answers

    Is protecting economic, social, and cultural rights generally more expensive than protecting civil and political rights?

    <p>No, it varies depending on the context</p> Signup and view all the answers

    In poor countries, is international cooperation required for fulfilling economic, social, and cultural rights?

    <p>Yes, always</p> Signup and view all the answers

    Do civil and political rights require the financing and training of an effective police force by the State?

    <p>Yes</p> Signup and view all the answers

    Are economic, social, and cultural rights always more costly to protect than civil and political rights?

    <p>No, it depends on the situation</p> Signup and view all the answers

    What are the three basic dimensions of development selected by the United Nations Development Programme (UNDP) for analysis?

    <p>Longevity, Adult Literacy, and Per Capita Income</p> Signup and view all the answers

    In a human rights-based approach to development, who is recognized as the active subject and claimholder?

    <p>The human person</p> Signup and view all the answers

    Which factor is NOT mentioned as a deprivation that can be avoided through development?

    <p>Cultural opportunities</p> Signup and view all the answers

    What holds the key to improved effectiveness and transparency of action in development efforts?

    <p>Increased focus on promoting accountability</p> Signup and view all the answers

    What does a human rights-based approach do with people's needs?

    <p>Translates them into rights</p> Signup and view all the answers

    Which aspect should development efforts be built on to ensure convergence with human rights?

    <p>Human rights</p> Signup and view all the answers

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