class 7 Flashcards

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1
Q

why is the system regarding human rights far from perfect?

A

because the UN charter wasn’t designed for it, it was designed for peacekeeping

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2
Q

explain regional systems.

A

first real effort was developed in Europe under the auspice of the Council of Europe (received certain mistrust by the UN) + by the General Assembly res. 32/127 in 1997 was called to consider the benefits of regional machinery for promoting and protecting Human Rights.

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3
Q

what were the advantages of the regional systems?

A
  • easier political consensus
  • homogeneity
  • easier to draft
  • accessibility (remote access, transportation, linguistic accessibility, greater familiarity)
  • enforceability (follow the rules on international public law)
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4
Q

what are the principal regional systems?

A

organization of American states (CUSMA), Council of Europe, African union, league of arab states, the commonwealth of independent states (CIS old soviet union), ASEAN, law association for Asia and the pacific (LAWASIA), pacific community

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5
Q

name one of the efforts made by the council of Europe regarding HR.

A
  • European Convention on the Protection of Human Rights and Fundamental Freedoms (The European Convention)
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6
Q

what is the institutional framework of the European Council?

A
  • secretary general
  • committee of ministers
  • parliamentary assembly
  • European commissioner on human rights
  • the Venice Commission
  • the European court of human rights
  • organization for security and co-operation in Europe (OSCE)
  • office of democratic institutions and human rights
  • high commissioner on national minorities
  • the representative of freedom of the media
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7
Q

explain the organization of American States. (OAS)

A

created in Bogota in 1948, pionner in HR promotion and protection, US signed never ratified, Canada didn’t sign
main bodies: inter-american commission on HR and the inter-american court of HR

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8
Q

name one of the efforts of the OAS

A
  • American Convention on Human Rights (San Jose Pact 1969 basic one)
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