ICCPR და ადამიანის უფლებები

Question 1

• ICCPR (International Covenant on Civil and Political Rights) obligates states to progressively realize the rights listed in the pact.
• This means states are responsible for ensuring these rights are fulfilled over time, as resources allow.

Question 2

• ICCPR protects all aspects of property rights, including inheritance.

Question 3

• Natural rights are inherent to all people, regardless of where they live or their cultural background.
• Examples of natural rights commonly include the freedom of movement, right to be respected, and dignity.

Question 4

• A state's positive obligation regarding the right to life includes investigating and punishing those who commit murder.
• This means ensuring due process is followed to the fullest extent possible.

Question 5

• A negative obligation related to freedom of religion involves refraining from interfering in religious practices.
• So, the state won't prohibit or hinder religious activities.

Question 6

• An absolute right is a right that cannot be limited under any circumstances, or virtually any reasonable circumstances.
• An example of an absolute right might be the right to dignity.

Question 7

• Some rights explicitly contain limitations within themselves.
• Such limitations are integral to the right.

Question 8

• Natural rights are rights inherent to all individuals, regardless of external factors like recognition within a constitution or laws.
• They exist due to inherent human nature.

Question 9

• Universal human rights belong to every person in any society; they're consistent regardless of individual, collective or societal factors like culture, history, politics etc.

Question 10

• Proportionality, a principle of the proportionality test, demands a fair balance between the limited and protected interests when a right is restricted.

Question 11

• The UN Human Rights Committee is a UN agency.

Question 12

• Regional human rights systems, like those in the European region, have several advantages over international systems.
• These advantages include ease of achieving political consensus, contextual understanding, and greater accessibility.

Question 13

• The statement by Parliament member Fridon Injiah reflects the concept of consequentialism.

Question 14

• The Human Rights Committee is authorized to examine individual complaints.

Question 15

• The Georgian Constitutional Court can review constitutional laws.
• The Georgian Constitution itself doesn't establish a hierarchy within its own provisions.

Question 16

• According to John Stuart Mill's harm principle, intervention in an individual's freedom is acceptable only to prevent harm to others.

Question 17

• Individuals convicted of serious crimes lose their voting rights.
• Other limitations may also exist for certain individuals depending on their situation.

Question 18

• The proportionality test in the Georgian Constitutional Court employs a set of criteria to assess the constitutionality of interventions in rights.
• These criteria include legitimate aim, reasonable means, and necessary means as well as a proportionality principle in a narrow sense.

Question 19

• Judges are obliged to adhere to international agreements like the European Convention on Human Rights, even when seemingly conflicting with domestic laws.

Question 20

• Civil and political rights fall under the first generation of human rights.

Question 21

• Thomas Hobbes described the state of nature as a condition where individuals are in constant conflict.
• Natural law is absent when there is no common sovereign power, and there is no injustice because no law is defined.

Question 22

• Locke's theory of the social contract presents a three-step process of forming a government, and states.
• Which include formation of civil society and individuals agreeing to form a government, then the civil society agreeing to form a particular kind of government, then specific institutions and individuals getting elected, in essence a republic.

Question 23

• The Peace of Westphalia was established by the Treaties of Osnabrück and Münster.

Question 24

• State sovereignty is characterized by a permanent population, a defined territory, a government, and the capacity to engage in international relations.

Question 25

• The "Asanidze v. Georgia" case demonstrates that the European Convention on Human Rights holds states accountable for ensuring that all levels of government respect human rights.

Question 26

• The concept of "effective control" is crucial in determining whether a state has the jurisdiction to address a specific complaint.
• This involves assessing whether the state could have prevented the violation using available legal procedures.

Question 27

• The Loizidou case involved examining the state's capacity to protect against violations within its jurisdiction.

Question 28

• John Locke believed that natural rights included life, liberty, and property, which was later adapted in the American Declaration of Independence.

Question 29

• The social contract theory rests on the principle that people are free by nature, but only their consent can justify obedience to the political power.

Question 30

• The idea that "government is employed by the people" aligns most closely with the ideas of John Locke.