International Human Rights Law Overview
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Questions and Answers

What is required before the Court can address an application from an applicant?

  • The complaint must be submitted during a state of emergency.
  • The application must be made directly to the United Nations.
  • The applicant must have exhausted all domestic remedies. (correct)
  • The applicant must provide evidence of international advocacy.
  • What is typically considered as satisfaction by the Court if it finds a violation of the Convention?

  • International monitoring of the state.
  • Monetary compensation and other measures. (correct)
  • Governmental reform recommendations.
  • Public apologies from state officials.
  • What is true about the judgments and decisions made by the Court?

  • They are final and binding on the respondent states. (correct)
  • They are subject to a review process by the Committee of Ministers.
  • They can only be enforced by the European Parliament.
  • They may be appealed within a set timeframe.
  • Which entity monitors the proper implementation of the Court’s judgments?

    <p>The Committee of Ministers in the Council of Europe.</p> Signup and view all the answers

    What is the time limit for launching a complaint after a final decision or act?

    <p>Six months from the date of the final decision.</p> Signup and view all the answers

    What year was the International Covenant on Civil and Political Rights adopted?

    <p>1966</p> Signup and view all the answers

    What major change occurred in 2006 regarding human rights oversight?

    <p>Formation of the Human Rights Council</p> Signup and view all the answers

    Which of the following bodies is required to submit periodic reports under the ICCPR?

    <p>The state-parties</p> Signup and view all the answers

    What distinguishes the International Covenant on Civil and Political Rights from the Universal Declaration of Human Rights?

    <p>The Covenant is a legally binding treaty</p> Signup and view all the answers

    Which of the following states abstained from the adoption of the Universal Declaration of Human Rights in 1948?

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

    What is the primary role of the Human Rights Committee established under the ICCPR?

    <p>To assess compliance with the Covenant</p> Signup and view all the answers

    Which article of the International Covenant places obligations on parties to respect human rights?

    <p>Article 2</p> Signup and view all the answers

    What significant concern led to the abstention of some states during the ratification of the Universal Declaration of Human Rights?

    <p>Cultural practices and sovereignty</p> Signup and view all the answers

    Which concept is primarily associated with the idea that individuals possess rights inherent to them, regardless of their citizenship?

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

    What type of rights are categorized as 'First generation' rights?

    <p>Civil and political rights aimed at protecting individuals from state excesses</p> Signup and view all the answers

    The principal obligation of states under present-day human rights law is primarily to:

    <p>Refrain from causing harm to individuals</p> Signup and view all the answers

    In which historical period did the idea of Rights of Man primarily originate?

    <p>18th Century Enlightenment</p> Signup and view all the answers

    Which of the following is NOT typically associated with 'Second generation' human rights?

    <p>Right to a fair trial</p> Signup and view all the answers

    What do 'Third generation' human rights often encompass?

    <p>Rights related to environmental protections and development</p> Signup and view all the answers

    How do modern conceptions of human rights differ from previous generations of rights?

    <p>They are universally applicable to all individuals.</p> Signup and view all the answers

    Which of the following statements best describes the notion of citizenship in relation to early human rights?

    <p>Rights were often tied to citizenship or state affiliation.</p> Signup and view all the answers

    What is one of the significant achievements of international human rights law?

    <p>States can now be internationally responsible for acts against their citizens.</p> Signup and view all the answers

    Which aspect of the European Convention on Human Rights (ECHR) contributes significantly to its effectiveness?

    <p>The procedure allowing individual complaints to be filed directly.</p> Signup and view all the answers

    What criticism is often directed towards states with respect to human rights law?

    <p>They lack willingness to accept compulsory enforcement machinery.</p> Signup and view all the answers

    How does cultural relativism challenge international human rights law?

    <p>It complicates the establishment of a truly universal system.</p> Signup and view all the answers

    What was one of the primary motivations for the founding of the Council of Europe in 1949?

    <p>To strengthen cooperation following World War II.</p> Signup and view all the answers

    Why are interstate complaints to the European Court of Human Rights (ECTHR) considered rare?

    <p>Countries tend to avoid legal disputes with neighboring states.</p> Signup and view all the answers

    What defines a state’s conduct as 'unlawful' in the context of human rights law?

    <p>The existence of genuine international legal obligations.</p> Signup and view all the answers

    What primary criterion must a state fulfill to gain membership in the Council of Europe?

    <p>Adherence to the European Convention on Human Rights.</p> Signup and view all the answers

    Which document was adopted first in the timeline of international human rights law?

    <p>UN Charter 1945</p> Signup and view all the answers

    Which of the following conventions focuses specifically on the rights of children?

    <p>Convention on the Rights of the Child (CRC) 1989</p> Signup and view all the answers

    What significant change regarding the focus of international law does the UN Charter introduce?

    <p>Major emphasis on protecting the rights of individuals</p> Signup and view all the answers

    Which article of the UN Charter commits its members to respect and observe human rights?

    <p>Article 55</p> Signup and view all the answers

    Which convention is primarily aimed at eliminating racial discrimination?

    <p>International Convention on the Elimination of All Forms of Racial Discrimination (CERD) 1965</p> Signup and view all the answers

    Which of the following is NOT one of the initial foundational human rights documents?

    <p>CEDAW 1979</p> Signup and view all the answers

    What underlying principle is affirmed in the preamble of the UN Charter?

    <p>Equal rights of men and women</p> Signup and view all the answers

    Which of the following conventions is specifically focused on the rights of persons with disabilities?

    <p>Convention on the Rights of Persons with Disabilities (CRPD) 2007</p> Signup and view all the answers

    Study Notes

    International Human Rights Law

    • Human rights are rights believed to belong to every person.
    • The idea of individual rights originated during the Enlightenment in the 18th century.
    • Early Western constitutional thought included rights tied to citizenship.
    • 19th century constitutions often tied rights to citizenship.
    • The modern understanding of human rights is based on inherent rights.
    • International human rights law aims to prevent harm to individuals within a state's jurisdiction.
    • International human rights law primarily affects states, not individuals.
    • This law promotes universal treatment of people, regardless of their nationality.
    • Human rights are not all equal in importance.
    • They are divided into different categories.

    Categories of Human Rights

    • First generation: Civil and political rights. These are 'negative rights,' protecting people from government overreach.
    • Second generation: Social and economic rights such as the right to work, social security, living standards, and education.
    • Third generation: More general rights like development, a protected environment, and self-determination.

    Sources of International Human Rights Law

    • The UN Charter (1945) is a source.
    • The Universal Declaration of Human Rights (UDHR) (1948) is a significant document.
    • The International Covenant on Civil and Political Rights (ICCPR) (1966) is legally binding.
    • The International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966) is also legally binding.
    • Other conventions aim to protect vulnerable groups, such as women, children, migrants, and people with disabilities. Examples include CERD (1965), CAT (1984), and ICPPED (2006), CEDAW (1979), CRC (1989), ICRMW (1990), and CRPD (2007).

    UN Charter (1945)

    • Prior to this, individuals weren't a major focus of international law.
    • The experiences of World War II had a significant impact.
    • The charter affirmed a belief in fundamental human rights.
    • It pledged to encourage respect for all human rights for all without discrimination.

    UN Charter (1945): Other Details

    • All UN members are obligated to support its objectives in international cooperation.
    • The UN Commission on Human Rights (1946) aimed to improve human rights.
    • The Human Rights Council replaced that earlier commission due to political issues and effectiveness challenges.

    Universal Declaration of Human Rights (1948)

    • The UN General Assembly adopted it.
    • It garnered no opposition, although some countries abstained.
    • Its principles include a right to all rights listed without any distinctions.

    International Covenant on Civil and Political Rights (1966)

    • It is a legally binding treaty.
    • States vow to respect and secure rights for their people.

    Human Rights Committee

    • A committee of people oversees compliance with covenants.
    • States submit reports to the committee every few years on how they have carried out the covenant's promises.

    Assessment of International Human Rights Law

    • International human rights law is crucial for limiting state control over citizens.
    • However, effectively protecting individuals’ rights poses a challenge.
    • Implementation of these rights varies.
    • Critics often emphasize the power of this framework.

    Cultural Relativism

    • Some argue that that international human rights law is insufficiently flexible.
    • Cultural practices might limit the universal application of these rights.

    Human Rights Protection in Europe

    • The Council of Europe is a prominent regional organization promoting human rights.
    • The European Convention on Human Rights (ECHR) sets a cornerstone for human rights protection.
    • The European Court of Human Rights (ECtHR) enforces compliance with the ECHR.
    • The system of interstate, and individual applications is pivotal in enforcement of the convention.
    • Countries must fulfill judgements.

    Debate Question

    • A debate question about the sovereignty of a state over sections of the sea.

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    Description

    This quiz explores the fundamental concepts of international human rights law, including its historical origins and various categories of rights. Understand the significance of civil, political, social, and economic rights and how they have evolved over time. Test your knowledge of the principles that govern human rights globally.

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