CH. 8 Human Rights Flashcards
rights that a state must uphold in all circumstances
non-derogable rights
rights that can be suspended during public emergencies (must be declared in advance and ended within reasonable period of time)
derogable rights
deferring to states when applying legal standards because they have more knowledge about their own social context
margin of appreciation
everyone has rights, no matter where they live
universalism
human rights must be understood within social context
relativism
separate legal systems for foreigners that are overseen by consular officials from foreigners’ home state
consular jurisdiction
when individuals directly complain to an international organization if they believe their rights have been violated by a state
individual petition
international institution that monitors compliance with treaty and assesses individual petitions about possible violations
special treaty body
acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group
genocide
(1) every state has responsibility to protect its population from severe violations of human rights and humanitarian law; and (2) failure to meet responsibility can trigger force by international community
responsibility to protect (R2P)
compelled removal of an ethnic group using intimidation or violence
ethnic cleansing
act by which severe pain or suffering, physical or mental, is intentionally inflicted on a person for such purposes as obtaining information; must fulfill criteria of: nature, intent, purpose, official capacity
torture
forced return of migrants to states where they are likely to suffer severe human rights violations
refoulement
agreeing not to prosecute individuals for certain offenses, and to pardon individuals already convicted of those offenses
amnesty laws
jurisdiction used by domestic courts to prosecute severe crimes that (1) occurred on foreign territory; (2) involved only foreign nationals; and (3) didn’t threaten state’s national security
*(rarely occurs)
universal jurisdiction