Topic 1 Flashcards

1
Q

What do ‘human rights’ and ‘civil liberties’ refer to?

A

‘Human rights’ and ‘civil liberties’ refer to rights regarded as fundamental or basic to individuals or groups within an organized state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the primary focus of human rights and civil liberties?

A

The primary focus is on individual benefits and enjoyment, such as the right to freedom of speech.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are civil liberties?

A

Civil liberties are guarantees and freedoms that governments commit not to abridge without due process.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Name three examples of civil liberties.

A
  • Right to own property
  • Right to defend oneself
  • Right to bodily integrity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are human rights?

A

Human rights are rights that every human being has by virtue of human dignity, independent of law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the Social Contract Theory?

A

The Social Contract Theory posits that individuals give up certain natural rights to benefit from living in a society.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Who are two philosophers associated with the Social Contract Theory?

A
  • John Locke
  • John Rawls
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What rights did John Locke argue were fundamental?

A
  • Right to life
  • Right to liberty
  • Right to property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does John Rawls’ hypothetical social contract emphasize?

A

It emphasizes individuals seeking a society that allows them to achieve their goals and enjoy the ‘good life’.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How do human rights uphold human dignity?

A

Human rights uphold dignity by ensuring individuals are treated with respect and are not subjected to torture or inhumane treatment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the principle of equality in relation to human rights?

A

The principle of equality asserts that all citizens must be treated with equal concern and respect.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What does the rule of law uphold?

A

The rule of law upholds the fundamental tenets necessary for protecting human rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the four main theories for protecting human rights and civil liberties?

A
  • Social Contract Theory
  • Protection of Human Dignity
  • Human Rights and Equality
  • Human Rights and the Rule of Law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the characteristics of human rights?

A
  • Inherent
  • Inalienable
  • Universal
  • Indivisible
  • Interdependent
  • Interrelated
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does it mean that human rights are ‘inherent’?

A

It means human rights are the birthright of all individuals and flow from human nature.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does ‘inalienable’ mean in the context of human rights?

A

Inalienable means no person can be divested of their human rights except under clearly defined legal circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does it mean for human rights to be ‘universal’?

A

Universal means human rights are based on every human being’s dignity, irrespective of various distinctions.

18
Q

What do ‘civil liberties’ often refer to?

A

‘Civil liberties’ often refer to civil and political rights regulating an individual’s relationship with the state.

19
Q

What are ‘first generation’ rights?

A
  • Right to life
  • Freedom from torture and slavery
  • Right to a fair trial
  • Freedom of thought, conscience, and religion
  • Right to marry
  • Right to vote
  • Right to personal property
20
Q

What are ‘second generation’ rights?

A
  • Right to food
  • Right to shelter and housing
  • Right to education
  • Right to employment
21
Q

What do ‘human rights’ refer to in the context of economic, social and cultural rights?

A

Economic, social and cultural rights include the right to food, shelter, housing, education, and employment.

22
Q

What are the two main covenants formed from the Universal Declaration of Human Rights?

A

The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

23
Q

What are first generation rights?

A

Civil and political rights that emphasize individual freedom and require the State to abstain from interference.

24
Q

What is a key characteristic of second generation rights?

A

They require positive action from the State to ensure the enjoyment of economic, social, and cultural rights.

25
Name an example of a civil and political right.
Right to life.
26
What is the duty of performance in the context of second generation rights?
The State must take deliberate steps to ensure the enjoyment of economic, social, and cultural rights.
27
What are third generation rights also known as?
Collective or group rights.
28
What is a challenge associated with third generation rights?
They are often complex and vague, making enforcement difficult.
29
What initiatives were launched by the UN Secretary General in response to the digital era?
A Call to Action for Human Rights and a Roadmap for Digital Cooperation.
30
Fill in the blank: Digital rights may be viewed as _______.
[fourth-generation rights]
31
What is the right to education classified as?
An economic, social, and cultural right.
32
What is justiciability in the context of human rights?
The ability to claim a remedy before an independent body when a right has been violated.
33
Which rights are traditionally considered justiciable?
Civil and political rights.
34
What is the State's obligation to respect human rights?
The State must refrain from interfering with the enjoyment of rights.
35
What does the obligation to protect entail?
States must protect individuals against abuses by non-State actors.
36
What does the obligation to fulfil require from States?
Positive action to ensure that human rights can be exercised and realized.
37
List three examples of civil and political rights.
* Freedom from torture * Right to a fair trial * Freedom of assembly
38
List three examples of economic, social, and cultural rights.
* Right to work * Right to health * Right to education
39
What is the significance of the case of George Mwanza and Melvin Beene v Attorney General?
It illustrates the concept of justiciability in human rights.
40
What is one reason economic, social, and cultural rights are often viewed as non-justiciable?
The hierarchical privileging of civil and political rights over economic, social, and cultural rights.
41
What obligations do States incur by becoming parties to international human rights treaties?
* Duties to respect * Duties to protect * Duties to fulfil