Promoting and Enforcing Human Rights Flashcards Preview

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Flashcards in Promoting and Enforcing Human Rights Deck (49)
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1

What is state sovereignty?

The authority of a nation state to govern itself without international interference

2

What is the most effective way for International Human rights to be enforced?

Incorporate treaties and customary international law principles into domestic legislation

3

What is the main role of the UN

protect human rights

4

What does the UN general assembly do?

Discusses and makes recommendations on reports of human rights (investigated by special rapporteurs) to its member states

5

What is the main role of the UN security council?

Maintenance of peace and security

6

What does the security council do? (4)

-Peacekeeping
-humanitarian work
-condemns violations of human rights (Korea missiles)
-impose sanctions

7

What is the UN human rights council

an inter-governmental body responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them (reports to GA)

8

What is the Office of the High Commissioner for Human Rights

A department of the Secretariat of the UN that works to promote and protect the human rights that are guaranteed under international law and stipualted in the UDHR 1948

9

What does the OHCHR do?

-Monitors and reports on human rights world-wide through the Universal Periodic Review of international compliance with HR standards
-provides physical resources eg tents to support refugees
-Oversees the Human Rights Council

10

Examples of intergovernmental organisations (4)

-UN
-EU
-African union
-Commonwealth of Nations

11

What does the African Union promote? (3)

Peace and security in Africa and good governance and human rights

12

How many members are there in both the African Union and the Commonwealth of Nations

54

13

What does the Commonwealth of Nations promote?

-Democracy
-rule of law
-human rights
-individual liberty
-good governance

14

How do IGOs enforce following of the rules?

exclude the ones that don't e.g. Zimbabwe military coups

15

What does the ICJ do?

Hears cases and delivers advisory opinions
Defines and interprets conventions, but cannot adjudicate on disputes raised by individuals

16

What was the ICJ created by?

Rome Statute 1998

17

Why was the ICC set up?

genocide in Yugoslavia and rwanda

18

Where does the ICC have jurisdiction?

Over persons alleged to have committed genocide, crimes against humanity, war crimes and the crime of aggression.

19

Why were International criminal tribunals established

Deal with serious widespread breaches of international law

20

Are ICT permanent?

no, limited to time and place

21

Why was the ICTR created?

Rwandan legal system was inoperable as only roughly 5 judges and a handful of lawyers were alive after the genocide between Hutus and Tutsi tribes

22

When was the ICTR created and ended

1994-2015

23

What do NGOs aim to do?

promote and protect human rights

24

Examples of NGOs (4)

1. International committee of the Red Cross
2. Doctors without borders
3. Amnesty International
4. Human Rights Watch

25

What is the key feature of a NGOs and what does this allow?

Not funded by government (independent) therefore, they can address international human rights issues regardless of where they occur

26

What is the medias role in the enforcement of human rights?

Expose human rights issues and abuses and to embarrass governments into upholding international agreements and human rights principles

27

Where is human rights law incorporated into Australia (3)

Constitution of the commonwealth of Australia
Common law
Statute law

28

Different types of rights in the Australian Constitution

Express and implied

29

What is an express right + eg.

Rights that are expressly included in a document e.g. right to vote, freedom of religion

30

What is an implied right + e.g.

Rights that can be implied through the text, structure or purpose of a document e.g. freedom of speech