HR Flashcards
Why are HR important?
(+4 premises)
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
HR Generations
- Civil Rights (negative, don’t need state intervention)
- Socioeconomic Rights (positive, need state intervention)
- Solidarity Rights
Famous HR documents (6)
UDHR
ECHR
ICCPR
ACHR
AcHPR
Asean Declaration on HR
What is the difference between the EU Council and the Council of EU?
The EU Council: defines EU policies but does NOT adopt legislation.
Council of the EU: negotiates & adopts EU legislation.
What is the Treaty of Lisbon? + aim
The treaty formally recognises the EU Council as an EU institution.
Aim: make the organisation more efficient, transparent & democratic.
What is consular jurisdiction?
Special rights are attributed for nationals in another country (diplomat)
Examples of Physical Integrity Rights (3)
- No human trafficking
- Prohibition of genocide and ethnic cleansing
- Freedom from torture
Examples of Civil & Political Rights (2)
- Freedom of expression, religion…
- Right to a fair trial
Examples of Social, Economic & Cultural Rights (2)
(thirdgen)
- Labour Rights
- Self Determination
What do Universalists think about human rights?
Based on Natural Law
There should be one single and international document protecting and promoting rights.
What do Relativists think about human rights?
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.