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. (D)</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. (C)</p> Signup and view all the answers

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

<p>1966 (D)</p> Signup and view all the answers

What major change occurred in 2006 regarding human rights oversight?

<p>Formation of the Human Rights Council (B)</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 (B)</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 (C)</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 (B)</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 (D)</p> Signup and view all the answers

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

<p>Article 2 (D)</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 (B)</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 (D)</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 (A)</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 (D)</p> Signup and view all the answers

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

<p>18th Century Enlightenment (B)</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 (D)</p> Signup and view all the answers

What do 'Third generation' human rights often encompass?

<p>Rights related to environmental protections and development (A)</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. (C)</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. (B)</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. (D)</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. (B)</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. (B)</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. (A)</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. (B)</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. (B)</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. (C)</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. (B)</p> Signup and view all the answers

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

<p>UN Charter 1945 (B)</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 (C)</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 (D)</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 (B)</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 (A)</p> Signup and view all the answers

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

<p>CEDAW 1979 (A)</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 (C)</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 (A)</p> Signup and view all the answers

Flashcards

Human Rights

Rights believed to belong to all people.

Rights of Man

Early concept of rights tied to citizenship, evolving from 18th-century ideas.

Universal Human Rights

Inherent rights belonging to all individuals, regardless of nationality.

First Generation Rights

Civil and political rights protecting individuals from state excess (negative rights).

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Second Generation Rights

Social and economic rights, such as work, security, living standards, and education.

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Third Generation Rights

Rights related to development, environment, and self-determination.

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International Human Rights Law

Law obligating states to avoid harming their citizens and others within their jurisdiction, aiming for equal treatment internationally.

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Purpose of Human Rights Law

Ensuring protection and equal treatment of individuals worldwide, regardless of nationality.

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UN Charter 1945

The foundational document of the United Nations, establishing its goals, including promoting human rights.

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UDHR

The Universal Declaration of Human Rights, a landmark document declaring fundamental human rights for all.

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ICCPR

The International Covenant on Civil and Political Rights, focusing on civil and political rights like freedom of speech and assembly.

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ICESCR

The International Covenant on Economic, Social, and Cultural Rights, addressing economic and social rights like the right to work and education.

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CERD

The International Convention on the Elimination of All Forms of Racial Discrimination, aimed at preventing and eliminating racial discrimination.

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CAT

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, prohibiting torture and cruel treatment.

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CEDAW

The Convention on the Elimination of All Forms of Discrimination Against Women, ensuring women's equality and rights

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CRC

The Convention on the Rights of the Child, safeguarding the rights of children.

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Article 56 Obligation

A legal requirement for states to take steps to protect human rights, stemming from the UN Charter.

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UN Commission on Human Rights (1946-2006)

A UN body established to promote and set standards for human rights conduct of UN member states.

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Universal Declaration of Human Rights (UDHR)

A foundational document adopted by the UN in 1948, outlining a comprehensive list of human rights for everyone.

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ICCPR (International Covenant on Civil and Political Rights)

A legally binding treaty adopted in 1966, obligating state parties to respect and ensure civil and political rights.

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Human Rights Committee

A UN body established under the ICCPR, monitoring state compliance with its provisions through periodic reports.

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Periodic Reports (ICCPR)

Reports submitted by state parties to the Human Rights Committee, outlining measures taken to implement the ICCPR provisions.

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European Court of Human Rights

An international court in Strasbourg, France, that protects human rights as outlined in the European Convention on Human Rights.

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Exhaustion of Domestic Remedies

The principle that an individual must first try to resolve their human rights issue through their country's legal system before approaching the European Court of Human Rights.

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Six-Month Admissibility Rule

The rule that an application to the European Court of Human Rights must be filed within six months of the final decision or act that is the subject of the complaint.

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Satisfaction

Measures taken by a state to rectify a human rights violation found by the European Court of Human Rights. This often includes compensation.

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Committee of Ministers

A body within the Council of Europe that oversees the implementation of the European Court of Human Rights' judgements.

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State Control Erosion

International human rights law has significantly decreased the absolute power states once held over their citizens, making them accountable for violations within their own territory.

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Human Rights Enforcement

While international human rights law sets obligations, effective individual protection from human rights violations is often lacking, leading to criticisms of its 'ineffectiveness'.

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Cultural Relativism

A challenge to universal human rights is cultural relativism, where different cultures have varying values, potentially hindering the implementation of universally applicable standards.

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European Human Rights

Europe has arguably the most developed regional human rights system, with the European Convention on Human Rights (ECHR) as its foundation.

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ECHR membership

Joining the Council of Europe requires accepting the European Convention on Human Rights (ECHR), demonstrating its central role in European human rights protection.

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ECTHR enforcement

The European Court of Human Rights (ECTHR) ensures compliance with the ECHR, handling both interstate and individual complaints.

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Individual Complaints

A key aspect of the ECHR is the ability of individuals, NGOs, or groups to file complaints against a state violating the Convention.

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Interstate Complaints

States can file legal cases against each other regarding human rights violations, but this is less common than individual complaints.

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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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International Human Rights Law 2024/2025 PDF

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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