International Human Rights Flashcards
(20 cards)
What is International Human Rights Law?
A body of international law designed to promote and protect human rights at the international level. It includes treaties, conventions, and customary international law.
What is the Universal Declaration of Human Rights (UDHR)?
Adopted by the United Nations General Assembly in 1948, it is a milestone document that proclaims fundamental human rights that should be universally protected.
Is the UDHR legally binding?
No, the UDHR is not legally binding, but it has inspired binding international treaties, national constitutions, and legal frameworks.
What is the International Covenant on Civil and Political Rights (ICCPR)?
Adopted in 1966, the ICCPR is a binding treaty that commits state parties to respect civil and political rights, such as the right to life, freedom of expression, and fair trial.
What is the International Covenant on Economic, Social and Cultural Rights (ICESCR)?
Also adopted in 1966, the ICESCR is a binding treaty that ensures economic, social, and cultural rights, such as the right to work, education, and an adequate standard of living.
What is the role of the United Nations Human Rights Council (UNHRC)?
The UNHRC is an intergovernmental body responsible for promoting and protecting human rights globally. It investigates human rights violations, makes recommendations, and oversees the Universal Periodic Review (UPR).
What is the difference between civil and political rights and economic, social, and cultural rights?
Civil and political rights protect individuals’ freedoms and liberties, such as freedom of speech and the right to vote. Economic, social, and cultural rights ensure individuals have access to resources, such as education, healthcare, and fair wages.
What are the key functions of the European Court of Human Rights (ECtHR)?
The ECtHR is tasked with interpreting and applying the European Convention on Human Rights (ECHR) and ruling on alleged violations by state parties.
What is the European Convention on Human Rights (ECHR)?
Adopted in 1950 by the Council of Europe, the ECHR is an international treaty that enshrines civil and political rights and established the European Court of Human Rights to enforce these rights.
What is the role of the International Criminal Court (ICC) in human rights?
The ICC prosecutes individuals for serious international crimes, including genocide, war crimes, and crimes against humanity, providing justice for victims of human rights violations.
What is the principle of non-discrimination in international human rights law?
It is the principle that all individuals are entitled to the same rights and freedoms without distinction of race, color, sex, language, religion, or any other status, as enshrined in the UDHR and other human rights treaties.
What is the right to self-determination in international law?
The principle that peoples have the right to freely determine their political status and pursue their economic, social, and cultural development, recognized in both the ICCPR and ICESCR.
What are the key human rights treaties adopted by the United Nations?
Key treaties include:
- International Covenant on Civil and Political Rights (ICCPR)
- International Covenant on Economic, Social and Cultural Rights (ICESCR)
- Convention on the Elimination of All Forms of Racial Discrimination (CERD)
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
What is the role of the Human Rights Committee (HRC)?
The HRC monitors compliance with the ICCPR and issues views on state parties’ compliance with their obligations under the treaty, reviewing periodic reports submitted by states.
What is the doctrine of ‘state sovereignty’ in international human rights law?
The principle that states have authority over their territory and population. However, human rights law challenges state sovereignty by imposing international obligations that require states to respect, protect, and fulfill human rights.
What is the concept of ‘universal jurisdiction’ in international human rights law?
Universal jurisdiction allows states to prosecute individuals for certain grave international crimes (e.g., genocide, war crimes) regardless of where the crime was committed or the nationality of the perpetrator.
What is the role of non-governmental organizations (NGOs) in human rights?
NGOs play a crucial role in monitoring human rights violations, raising awareness, advocating for policy change, and providing support for victims of human rights abuses.
What is the right to a fair trial under international human rights law?
The right to a fair trial ensures that individuals are entitled to a public hearing, the presumption of innocence, and legal representation, as outlined in the ICCPR (Article 14) and the ECHR (Article 6).
What are ‘humanitarian interventions’ in the context of international human rights law?
Humanitarian interventions are actions taken by states or international organizations to prevent or stop human rights abuses, particularly in situations of armed conflict or state-sponsored atrocities, with the aim of protecting civilians.
What are the key challenges to enforcing international human rights law?
Key challenges include lack of political will, state sovereignty concerns, limited enforcement mechanisms, the challenge of state compliance, and the rise of non-state actors committing human rights abuses (e.g., corporations, armed groups).
