Extraterritorial Positive Obligations in Human Rights

GratifyingOrphism avatar
GratifyingOrphism
·
·
Download

Start Quiz

Study Flashcards

30 Questions

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

Positive

In what cases do human rights bodies impose extraterritorial obligations on states?

When private actors are involved

What is the purpose of prescriptive extraterritorial jurisdiction for states?

To regulate and prevent human rights abuses by private actors abroad

Why did victims of Martial Law file their claim in New York instead of the Philippines?

Part of Ferdinand Marcos' estate was located in New York

What does the right to access to a court ensure?

Prevention of denying access to justice

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

When victims are unable to find any forum for their cases

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

Canada violated its extraterritorial obligations

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

Insufficient evidence regarding Canada's involvement

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

Imposing extraterritorial obligations on home States

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

Protecting their territory from misuse by private actors

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

Create obstacles to fulfilling these obligations

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

Cases alleging torture by foreign officials seeking damages

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

International Covenant on Economic, Social and Cultural Rights (ICESCR)

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)?

Adoption of the International Covenant on Civil and Political Rights (ICCPR)

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

Human Rights Committee

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

Right to free healthcare

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

Before courts or quasi-judicial bodies

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

'core human rights treaties'

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

Both civil and political rights

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

No, they require positive measures

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

No, it varies depending on the context

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

Yes, always

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

Yes

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

No, it depends on the situation

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

Longevity, Adult Literacy, and Per Capita Income

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

The human person

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

Cultural opportunities

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

Increased focus on promoting accountability

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

Translates them into rights

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

Human rights

Explore the concept of extraterritorial positive obligations in human rights law where states are expected to enforce obligations beyond their borders. Understand how human rights bodies impose obligations on states in cases where they have control over private actors abroad.

Make Your Own Quizzes and Flashcards

Convert your notes into interactive study material.

Get started for free

More Quizzes Like This

Human Rights Law Quiz
15 questions

Human Rights Law Quiz

LogicalGoshenite avatar
LogicalGoshenite
International and European Human Rights Law Notes
16 questions
Introduction to Human Rights Law
12 questions
Use Quizgecko on...
Browser
Browser