From After

Question 1

HR: Which types of obligations are there?

Answer 1

1) Respect:
- Negative obligation that results in a violation of a given right
- E.g. police officers must not commit acts of torture
- E.g. state officials must not forcibly evict people from public housing
2) Protect:
- Positive obligation to protect individuals from harm committed by others
- E.g. protect individuals from domestic violence
- E.g. protect against forced evictions by private landlords
3) Fulfil:
- Positive obligation to take proactive steps to move towards the full realisation of the right
- E.g. provide training to police officers so that they do not commit acts of torture
- E.g. ensure that homeless people have access to accommodation

Question 2

Limitations to international human rights?

Answer 2

Art 4 ICESCR
- Prescribed by law
- Legitimate aim
- Necessary in a democratic society = Proportionality

Question 3

Civil and political rights vs Economic, Social and Cultural Rights

Answer 3

• Traditional Western rights VS Favoured by the Eastern bloc (Cold War) and Global South
• Focus on negative obligations VS Focus on positive obligations
• Stricter/ more absolute obligations VS Usually a wide margin of appreciation and a focus on progressive realisation
• Generally involves fewer questions of resource allocation VS Often involves questions of resource allocation
• Application limited to territory and ‘jurisdiction’ VS Extraterritorial application

Question 4

General Comment 3 From Committee ESCR

Answer 4

• Obligations of immediate effect
  - of conduct: Non-discrimination
  - of result: Take steps
• Retrogressive measure
  - Allowed, but more difficult to justify
• Core obligations
  - Have to be fulfilled unless state lacks resources
  - State must show it did everything in its power to comply (but simply lacks the resources)
• International assistance and cooperation
  🡪 Arguable, no discrimination and extraterritoriality. Bound to Covenant when acting outside its territory?

Question 5

Can/should courts adjudicate ESC rights?

Answer 5

Arguments against:
- Policy aims
- can be viewed as anti-democratic
- interferes with state sovereignty
- limited capacity/expertise
Arguments in favour:
- they overlap with civil and political rights
- are recognised in legal provisions
- Margin of appreciation/discretion 🡪 It means that states can (within a certain scope, of course) decide themselves how to fulfill their obligations (also under Treaties).
- Practice

Question 6

Schema GATS answer

Answer 6

Draw it

Question 7

Schema ICC answer

Answer 7

draw it