Human Rights Law

Question 1

What is the difference between a negative and positive right

Answer 1

A negative right requires States 2 abstain from certain behaviour
A positive right requires States to increase resources (actively work)
- so they can be realised

Question 2

Explain why human rights are not just individual rights

Answer 2

• there are also solidarity rights
  -rights ensured to a group of people specifically
  -third generation of rightse.g: right to self-determination

Question 3

Explain human rights through a universality lense

Answer 3

-universal moral norms
-Idea that they are widely ratified and accepted
-Universal wording (don’t take account of cultural differences)

Question 4

Explain human rights through a culturally relativist lens

Answer 4

-HR as we know them are a western imperialist imposition
-reflects their values
-too individualistic;
-secular
-human society defined by western ideas
-not enough of nature

Question 5

How is human rights compliance monitered

Answer 5

• State parties overseeing + impl. with their own mechanisms
  -UN monitoring
  -Human rights courts
  -Quasi judicial mechanism –> non-judiciail measures which imitate/ carry out court procedures

Question 6

What are the main human right treaties we have to remmember?

Answer 6

-ICCPR
-ICESCR
-ECHR

Question 7

What do the UN Treaty bodies do?

Answer 7

• Periodic review
  -States report on their compliance every 4-8 years
  -NGOS can comment on these reports
  -some supported by state so biased
  -Examine interstate complaints
  -Examine individual complaints
  -Issue “general comments” providing interpretative guidance on the meaning of treaty provisions
• Decisions and comments are not legally binding

Question 8

What are the charter based mechanism(s) for monitoring human rights compliance?

Answer 8

• Human rights council

Question 9

What does the human rights council do?

Answer 9

–> Conducts universal periodic review:
- all 193 UN member states report on HR compliance

–> Specific mandates procedures based on a right/ violation; or
-> country (e.g: Israel, Belarus)

Question 10

Are there international human rights courts?

Answer 10

-No

Question 11

What is the main regional human rights mechanism in Europe?

Answer 11

-ECHR

Question 12

who are the parties of the ECHR

Answer 12

-All 46
-parties of the Council of Europe

Question 13

Where does International Human Rights Law apply

Answer 13

–>applies to individuals within in territories and juridiction

Question 14

Does IHRL apply to those is land occupied by state

Answer 14

Yes (ICJ Wall Advisory Opinion)

Question 15

Explain the decision of the ICJ Wall Advisory Opinion

Answer 15

–>IHRL applies to territories which are also in the jurisdiction of certain states
–> not just their acc territory

Question 16

summarise what personal applicability is

Answer 16

-applicability to individuals
-within the JURISDICTION of the state
-right holders: individuals, maybe groups (3rd gen of human rights)

Question 17

Summarise who the duty holders are in IHRL

Answer 17

• primary duty olders: states
  -Secondary duty holders:
  -international organisations
  -business actors
  -individuals
  -those subject to Inter. criminal law

Question 18

Explain what temporal applicability is

Answer 18

• derogation from human rights law in times of conflict
  -Human rights have applicability depending on the time (temporal)
  -International humanitarian law will typically apply here (lex specialis)

Question 19

What are the requirements for derogation from human rights

Answer 19

• emergency of
  -sufficient gravity
  -imminent
  -vital threat to the organisaed life of the community