7: Human Rights

Question 1

what types of HR does everyone enjoy?

Answer 1

civil, political, social, cultural, economic

Question 2

clashes between HR

Answer 2

if someone exercises a HR, it might interfere with someone else’s HR
- e.g. freedom of expression and prohibition of discrimination

HR and freedoms exist but are not absolute

Question 3

absolute HR

Answer 3

jus cogens

Question 4

treaties on the universal level to lay down HR

Answer 4

UN charter

International Bill of Rights
- non-binding declaration

International Covenant on Civl and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR)
- legally binding with detailed codification of HR

Question 5

treaties on the regional level to lay down HR

Answer 5

European Convention for the Protection of HR and Fundamental Freedoms

American Convention on HR

African Charter on Human and Peoples’ Rights

Question 6

remedies against HR violation

Answer 6

exhaustion of domestic legal proceedings

international procedures
- complain in the international arena and call the state in question to account for its actions

HR court in Strasbourg

no international court for HR

• cannot force all states to ratify treaties and submit them to a court
• world is not mature enough to create a HR court and grant such a supreme guarantee

Question 7

access to remedy on a regional level for HR violation

Answer 7

larger part of the world does not enjoy supranational HR protection

ECHR

• monitors compliance with the ECHR
• accepts individual applications

Inter-American Court of HR

• divided into the court and inter-American commission on HR
• judicial organ for the organisation of American states and applies the American Convention of HR
• not all states signed/ratified the convention
• individuals do not have direct access
• commission serves as a filler which gives recommendations to the state to provide a remedy
• if the state refuses or the case is very important, it passes to the judges

African Court on Human and Peoples’ Rights

• complaints submitted by the African commission on Human and Peoples’ Rights, state parties, intergovernmental organisations, NGOs with observer status before the African commission and individuals
• individuals only from states that have made a declaration accepting the jurisdiction of the court

Question 8

access to remedy on a universal level for HR violation

Answer 8

international organs in the UN

• HR council that issues worldwide resolutions and declarations regarding HR violations
• powerful political body

treaty-based bodies of independent experts that monitor implementation of the core international HR treaties

• verifies implementation of the treaty by state parties
• receive individual applications
• publicised and on the website of the UN