International Human Rights Quiz
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Questions and Answers

What is the primary purpose of the American Convention on Human Rights (ACHR)?

  • To outline fundamental human rights
  • To eliminate racial discrimination
  • To protect human rights in the Americas (correct)
  • To promote economic and social rights

The Universal Declaration of Human Rights (UDHR) was adopted in 1974.

False (B)

What treaty commits signatory states to respect civil and political rights?

International Covenant on Civil and Political Rights (ICCPR)

The ______ mandates states to take action against racial discrimination.

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

Match the following treaties to their main objectives:

<p>ACHR = Protection of human rights in the Americas CERD = Elimination of racial discrimination UDHR = Universal protection of fundamental human rights ICESCR = Guarantee of economic, social, and cultural rights</p> Signup and view all the answers

Which of the following rights is not protected under the ICCPR?

<p>Right to education (B)</p> Signup and view all the answers

The ICESCR obligates states to progressively achieve economic, social, and cultural rights.

<p>True (A)</p> Signup and view all the answers

What is the supreme law of the land in Jamaica?

<p>The Constitution</p> Signup and view all the answers

Which branch influences the independent judiciary?

<p>Neither (A)</p> Signup and view all the answers

The House of Representatives in Jamaica is appointed by the Prime Minister.

<p>False (B)</p> Signup and view all the answers

What do constitutional amendments in Jamaica require for a change?

<p>A special majority in Parliament.</p> Signup and view all the answers

In Jamaica, the Senate is appointed by the Prime Minister and the _____ of the Opposition.

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

Match the legal systems with their descriptions:

<p>Common Law = Developed by judges through court decisions Civil Law = Based primarily on codified laws or statutes Judicial Review = Determines constitutionality of laws and actions Constitutional Amendments = Process requiring a special majority in Parliament</p> Signup and view all the answers

Which of the following rights does the Constitution protect?

<p>Rights of all citizens, including minority groups (C)</p> Signup and view all the answers

Judicial review allows courts to assess whether international treaties are constitutional.

<p>False (B)</p> Signup and view all the answers

What must happen for international treaties to become part of the domestic legal system in Jamaica?

<p>They must be ratified by Parliament.</p> Signup and view all the answers

Which of the following rights does CEDAW specifically promote?

<p>Women's equal rights in education and employment (A)</p> Signup and view all the answers

The Charter of Fundamental Rights and Freedoms was amended in 2005.

<p>False (B)</p> Signup and view all the answers

What does the Convention on the Elimination of All Forms of Discrimination Against Women aim to eliminate?

<p>Discrimination against women</p> Signup and view all the answers

The ______ prohibits racial discrimination in all its forms.

<p>American Convention on Human Rights</p> Signup and view all the answers

Match the following provisions to the relevant treaties:

<p>Prohibits discrimination against women = CEDAW Criminalizes incitement to racial hatred = American Convention on Human Rights Supports equal representation of women in government = CEDAW Provides for equal access to justice = American Convention on Human Rights</p> Signup and view all the answers

What is one reason some countries, like Jamaica and Grenada, may not transition to the CCJ?

<p>Public resistance to change (D)</p> Signup and view all the answers

The Privy Council is geographically and politically distant from Caribbean affairs.

<p>True (A)</p> Signup and view all the answers

What fundamental rights are protected under Jamaica's Constitution?

<p>Freedom of speech, right to a fair trial, freedom from discrimination</p> Signup and view all the answers

Jamaica has had a de facto moratorium on executions since _____ due to lengthy appeals.

<p>1988</p> Signup and view all the answers

Match the following terms with their descriptions:

<p>CCJ = Caribbean Court of Justice JCPC = Judicial Committee of the Privy Council Human Rights = Fundamental rights guaranteed by the Constitution Death Penalty = Capital punishment retained for certain crimes</p> Signup and view all the answers

What concern is raised regarding the CCJ compared to the Privy Council?

<p>Political interference and regional bias (A)</p> Signup and view all the answers

There is unanimous public support for the death penalty in Jamaica.

<p>False (B)</p> Signup and view all the answers

What socio-economic factors pose hurdles to the realization of human rights in Jamaica?

<p>Police brutality, poverty, gender-based violence</p> Signup and view all the answers

What is the primary characteristic of clientelism in political culture?

<p>Exchange of material goods for political support (A)</p> Signup and view all the answers

Patronage is based solely on qualifications and competition for government positions.

<p>False (B)</p> Signup and view all the answers

Name one leader in Jamaica known for their charismatic leadership.

<p>Michael Manley or Edward Seaga</p> Signup and view all the answers

In Jamaica, ______ communities epitomize the dynamics of clientelism, where political loyalty is tied to tangible benefits.

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

Match the following concepts to their descriptions:

<p>Clientelism = Political support exchanged for material benefits Patronage = Allocation of government benefits to loyal supporters Charismatic Leadership = Support driven by a leader's personality Garrison Community = Area where political loyalty is tied to benefits</p> Signup and view all the answers

What was the outcome of the case Charles Matthew v The State regarding the mandatory death penalty?

<p>The death penalty was upheld due to the savings clause. (D)</p> Signup and view all the answers

The savings clause allows for the challenge of any law in force before a constitution was enacted.

<p>False (B)</p> Signup and view all the answers

What rights did Charles Matthew argue were violated by the mandatory death penalty?

<p>Right to life and freedom from inhuman or degrading punishment.</p> Signup and view all the answers

The ______ clause protects laws that were enacted before the Constitution from constitutional challenges.

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

In Boyce and Joseph v The Queen, how did the Privy Council rule regarding the mandatory death penalty in Barbados?

<p>It upheld the death penalty under the savings clause. (B)</p> Signup and view all the answers

The savings clause can be used to justify outdated laws that contradict modern human rights standards.

<p>True (A)</p> Signup and view all the answers

What did the Privy Council's ruling in the Charles Matthew case signify about the savings clause?

<p>It reinforced the savings clause's power and immunity for pre-existing laws.</p> Signup and view all the answers

Match the following cases with their respective details regarding mandatory death penalty rulings:

<p>Charles Matthew v The State = Trinidad and Tobago, upheld by savings clause Boyce and Joseph v The Queen = Barbados, upheld by savings clause</p> Signup and view all the answers

Flashcards

ACHR

A treaty protecting human rights in the Americas, adopted by the Organization of American States (OAS).

CERD

A UN treaty to end racial discrimination and promote equality.

UDHR

A UN declaration outlining fundamental human rights to be universally protected.

ICCPR

A UN treaty protecting civil and political rights, such as freedom of speech.

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ICESCR

A UN treaty guaranteeing economic, social, and cultural rights, like education and health.

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Constitution

The supreme law of a country.

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Legislation

Laws passed by a country's parliament, includes primary (main laws) & secondary (rules).

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Sources of Law

The key ways a country's laws are created and organized.

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Independent Judiciary

A judicial system not influenced by the executive or legislative branches, ensuring fair and impartial application of the law

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Bicameral Legislature

A parliament with two houses (e.g., House of Representatives and Senate).

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Minority Rights Protection

Constitutional provisions ensuring all citizens' rights are protected, regardless of background.

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Judicial Review

Courts' power to decide if laws or actions are constitutional.

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Constitutional Amendments

Changes to the constitution, with a necessary complex process & special majority.

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Common Law

Law created by judges' decisions in court, based on precedents.

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Civil Law

A legal system based on codified laws.

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International Law Incorporation

Incorporating international treaties into domestic law, but requiring parliament ratification.

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Anti-discrimination laws

Laws that prohibit discrimination based on race, religion, gender, and other characteristics.

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Gender equality

The state where women and men have equal opportunities and rights.

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Charter of Fundamental Rights and Freedoms

Document emphasizing fundamental rights and freedoms. Often amended over time to support more rights.

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Racial equality

Equal rights and opportunities for all races.

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CCJ Adoption Challenges

Political conflicts, public perception, and concerns about judicial independence can hinder the adoption of the Caribbean Court of Justice (CCJ).

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Referendum Requirement

A vote by the public on a specific issue, like adopting the CCJ. It can affect constitutional amendments.

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Judicial Independence

The freedom of a court to make decisions without undue influence from outside sources, like the government or political parties.

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Human Rights Protection (Jamaica)

The Constitution guarantees fundamental rights like freedom of speech and a fair trial in Jamaica, though poverty and crime can impact their enjoyment.

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Death Penalty (Jamaica)

Jamaica retains the death penalty, but has a de facto moratorium on executions. Public opinion is divided.

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Partisan Conflicts

Disagreements between political groups that can prevent necessary support for changes, like adopting the CCJ.

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Public Opinion

The expressed views of the public on a particular issue; crucial in enacting constitutional changes such as adopting the CCJ.

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Clientelism

A system where political support is bought with material goods or services, creating dependency on leaders.

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Patronage

The allocation of government positions, contracts, or benefits based on political loyalty, not merit.

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Garrison Communities

Areas where political loyalty is tied to material benefits, often controlled by a particular party.

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Charismatic Leadership

Leaders who inspire strong emotional support, sometimes overshadowing democratic principles.

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Cult of Personality

Excessive admiration for a leader, where loyalty to them trumps principles or party ideology.

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Savings Clause

A provision in a constitution that protects existing laws from being challenged on human rights grounds, even if those laws violate the constitution's provisions.

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Charles Matthew v The State (2004)

This case challenged the mandatory death penalty in Trinidad & Tobago, which was in place before the constitution. The Privy Council upheld the death sentence, ruling that the savings clause protected the law.

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Boyce and Joseph v The Queen (2004)

Similar to Charles Matthew, this case challenged mandatory death penalty in Barbados, arguing it violated their constitutional rights. The Privy Council again upheld the death sentence, citing the savings clause.

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What does the savings clause shield from challenges?

The savings clause protects laws that were in force before the constitution came into effect, even if those laws might now violate the constitution's fundamental rights.

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What is the significance of the savings clause?

It means that laws passed before a constitution can be difficult to challenge, even if they are outdated or violate modern human rights standards.

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Why are the death penalty cases important?

These cases demonstrate how the savings clause can be applied. It allows laws in place before human rights guarantees were enshrined in the constitution to remain in effect even if they violate those guarantees.

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What is the impact of the savings clause?

It can create a tension between upholding existing laws and protecting human rights. It might prevent laws from being updated to reflect changing human rights standards.

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What is the key takeaway from the savings clause?

It emphasizes the importance of understanding the historical context of laws and the potential impact of constitutional provisions on existing legislation.

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Study Notes

FOUN1301: Law, Governance, Economy and Society in the Caribbean

  • This course examines law, governance, economy, and society within the Caribbean.

Module 1: Law

  • What is Law?
    • A system of rules and regulations governing society.
    • Enforced by legal institutions (courts, security forces, parliament).
    • Binding on all members of society.
    • Outlines acceptable behaviors and consequences.
    • Regulates individuals, property, and behavior.
  • Importance of Laws
    • Maintain social order and stability.
    • Regulate human interaction.
    • Enforce moral values, beliefs, and norms.
    • Define the economic, social, and political environment.
    • Enhance predictability.
    • Promote orderly social change.
    • Protect individual rights, identify wrongdoers, and redress wrongs.
    • Prescribe sanctions for violations.
  • Where do laws originate?
    • Natural Law Theory: Laws are based on fundamental moral principles.
    • Positive Law Theory: Laws are enacted by authorities.

Module 1: Law - Legal Systems/Legal Terms

  • Criminal Law: Deals with actions considered crimes against the state/crown.
  • Civil Law: Deals with disputes between individuals or parties. Aims on compensation rather than punishment.
  • Stare Decisis: Courts follow previous rulings in similar cases (judicial precedent).
  • Habeas Corpus: Legal right/process that protects against unlawful detention.
  • Nolle Prosequi: Prosecutor's formal declaration to stop pursuing charges in a case.
  • A fortiori: If something less certain is true, then something more certain must also be true.
  • Actus Reus: The guilty act or criminal action.
  • Mens Rea: The guilty mind (criminal intent/knowledge).
  • Onus Probandi: Burden of proof in a legal case.
  • International Law: Rules and principles governing relationships between states.
  • Historical Sources: Common law, equity, customary law.
  • Legal Sources: Constitution, legislation, and custom.

Module 1: Law - Specific Key International Legal Bodies/Instruments

  • BYIL (British Yearbook of International Law): Prestigious publication analyzing international law developments.
  • ICC (International Criminal Court): Permanent international tribunal prosecuting genocide, war crimes, and more.
  • IACHR (Inter-American Commission on Human Rights): Promotes and protects human rights in the Americas.
  • JCPC (Judicial Committee of the Privy Council): Final appellate court for some Commonwealth countries.
  • ICJ (International Court of Justice): Principal judicial organ of the UN for international legal disputes.
  • CERD (Convention on the Elimination of All Forms of Racial Discrimination): UN treaty encouraging racial equality.
  • UDHR (Universal Declaration of Human Rights): Fundamental human rights document impacting international law.
  • ICCPR (International Covenant on Civil and Political Rights): UN treaty addressing civil and political rights.
  • ICESCR (International Covenant on Economic, Social and Cultural Rights): UN treaty addressing economic, social, and cultural rights.

Module 2: Governance

  • Political Culture: Attitudes, beliefs, and values people hold toward politics, government, and their roles.
  • Political Participation: How citizens engage in the political process (voting, advocacy, etc).

Module 2: Governance - Types of political culture

  • Participant: Citizens actively engage in political processes.

  • Subject: Citizens are aware of the political system and obey laws, without actively engaging policies

  • Parochial: Citizens focus on local issues, rather than national affairs.

Module 3: Economy

  • CDB: Caribbean Development Bank.
  • FDI: Foreign Direct Investment.
  • CARICOM: Caribbean Community.
  • OECS: Organization of Eastern Caribbean States.
  • IMF: International Monetary Fund.
  • OPEC: Organization of Petroleum Exporting Countries.
  • WTO: World Trade Organization.
  • GDP: Gross Domestic Product.
  • GNP: Gross National Product.

Module 4: Society

  • Decriminalization/Legalization: Process for changing laws/rules/regulations related to a particular issue from punishable to permitted/legal.
  • Marijuana: Controversial issue with varying perspectives on legalization, use, and impact, considering both economic and social ramifications.
  • Legal/Ethical Implications: Legal frameworks, constitutional implications of legal changes and/or implications of existing and/or proposed policies impacting society.

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FOUN1301 Law, Governance, Economy and Society in the Caribbean Notes PDF

Description

Test your knowledge on international human rights treaties, their objectives, and the protections they offer. This quiz covers key conventions such as the ACHR and ICCPR, as well as legal systems and the constitution of Jamaica. Challenge yourself with questions on civil rights, social rights, and more.

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