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Flashcards in International Bill of Human Rights Deck (23)
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1

What is the IBHR?

Refers to collection of fundamental documents that make up modern day international human rights regime

2

3 core elements of IBHR

1) UDHR 1948
2) ICCPR 1966
3) ICESCR 1966

3

Where can other important (but not core) elements of IDHR?

In the UN Charter

4

Where specifically in the UN charter ?

Preamble
- A1 = purposes of the UN
- A55 = promotion of higher living standards
- A56 = all those part to charter co-operate with A55

5

LETSAS on the idea of the IBHR

'routinely employed as standards for judging the legitimacy of states and the justifiably of external interference in their domestic affairs'

6

2 academic opinions on the importance of the UDHR 1948

MUTA = effective modern starting point for human rights corpus
LETSAS = catapult for development of human rights law

7

Who described UDHR as 'the effective modern starting point for the human rights corpus'

MUTA

8

Who described the UDHR as the 'catapult for the development of human rights law'

LETSAS

9

Important articles of UDHR?

A3 = right to life
A7 = right to equality
A 10/11 = rights to justice and fair trial
A 19 = freedom of expression
A20 = freedom of assembly

10

DONNELY on UDHR

Even though not legaly binding it represents 'foundational document'

11

Even though it is not legally biding, how have some argued the UDHR can be viewed as such?

Has become customary international law

12

ICCPR 1966

'first generation rights'
Monitored by the UN Human Rights Committee

13

ICESCR 1966

'second generation rights'
different committee

14

What happened in 2008?

Introduction of First Optional Protocol = individuals could bring claims to the committees

15

Why are their 2 separate covenants?

1) Cold war ideological difference
2) Principle objections to socio-political rights, no 'real'

16

Which 1993 decleration highlighted tensions in IBHR

VIENNA DECLERATION 1993

17

Vienna Declaration 1993?

'Must treat human rights globally in a fair and equal manner, on the same footing and with the same emphasis'

18

Who described socio-economic rights as 'cinderella'

FREDMAN

19

FREDMAN on ICESCR?

cinderella of the human rights corpus

20

What is meant by human rights imposing a tripartite set of obligations

1) respect
2) protect
3) fulfill

21

who explained why the tripartite obligation system is effective

KOCH

22

KOCH on the effectiveness of the tripartite system of obligations?

'as such all rights impose a positive and negative obligation on the state, and should be treated equally'

23

Has the tripartite obligation system worked?

NO