HR Flashcards

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1
Q

Why are HR important?
(+4 premises)

A

Because these protect individual rights and liberties.
These need to be conceptualised as procedural norms to be effective.
· Cannot be absolute
· Must be balanced
· Judicial manipulation is forbidden
· All subjects have the right to have rights

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2
Q

HR Generations

A
  1. Civil Rights (negative, don’t need state intervention)
  2. Socioeconomic Rights (positive, need state intervention)
  3. Solidarity Rights
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3
Q

Famous HR documents (6)

A

UDHR
ECHR
ICCPR
ACHR
AcHPR
Asean Declaration on HR

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4
Q

What is the difference between the EU Council and the Council of EU?

A

The EU Council: defines EU policies but does NOT adopt legislation.

Council of the EU: negotiates & adopts EU legislation.

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5
Q

What is the Treaty of Lisbon? + aim

A

The treaty formally recognises the EU Council as an EU institution.
Aim: make the organisation more efficient, transparent & democratic.

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6
Q

What is consular jurisdiction?

A

Special rights are attributed for nationals in another country (diplomat)

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7
Q

Examples of Physical Integrity Rights (3)

A
  1. No human trafficking
  2. Prohibition of genocide and ethnic cleansing
  3. Freedom from torture
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8
Q

Examples of Civil & Political Rights (2)

A
  1. Freedom of expression, religion…
  2. Right to a fair trial
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9
Q

Examples of Social, Economic & Cultural Rights (2)
(thirdgen)

A
  1. Labour Rights
  2. Self Determination
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10
Q

What do Universalists think about human rights?

A

Based on Natural Law
There should be one single and international document protecting and promoting rights.

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11
Q

What do Relativists think about human rights?

A

Based on Positive Law
There should be different declarations according to the state’s culture and traditions.
HR need to be understood under social context.

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