Human Rights

Question 1

What are some monitoring mechanisms of human rights

Answer 1

-Treaties
-Treaty bodies
-State reports (Under ICCPR)
-Complaints by states(in ICCPR)
-Ad-hoc investigations (CAT)
-Legitimate Limitations Clause

Question 2

What are the conditions for derogation in the ICCPR

Answer 2

1.public emergency
-threat 2 ex. of nat.
2.necessary + proportional
3.NO discrimination on the basis of
-race
-colour
-sex
-language
-religion
-social origin
-Art.4 ICCPR

Question 3

What is the article codifying the requirements of derogation in the ICCPR?

Answer 3

-Art. 4 ICCPR

Question 4

TRUE or FALSE: the ICESCAR has a derogation clause

Answer 4

-FALSE

Question 5

What did the Concluding Observations Israel Report conclude?

Answer 5

-Derogations (e.g: cus terrorist threat)
1.have to be temporary
-can’t last over a l period of time
2.Necessity/Proportionality
3.Notification- inform states of decisions to derogate
-+ which HR you derogate from

Question 6

What was the Concluding Observations Israel Report?

Answer 6

-Human Rights report on Israel

Question 7

Are all human rights derogable from?

Answer 7

• No.
  -Art 4(2) ICCP
  -No derogations in ICESCR

Question 8

Are there some ways to not fully follow a human right apart from derogations?

Answer 8

-Legitimate limitation cause

Question 9

List the 3 General Requirements of Limitating human rights

Answer 9

1. leg. bas. ‘by law’
2. 2 protect legitimate interests
3. Necessary “pressing social need” -Proportionality test

Question 10

TRUE or FALSE: definitions of jurisdiction in international law don’t exactly cover territory, but do cover individuals

Answer 10

-Yes and no
-ECHR only mentions people
-ICCPR mentions territory

Question 11

Is the obligation to respect a negative or positive obligation?

Answer 11

-Negative

Question 12

Is the obligation to ensure a positive or negative obligation?

Answer 12

-positive

Question 13

What did the ICJ conclude about Jurisdiction

Answer 13

-Jurisdiction can be exemplified in 2 alt. situations
-Art. 2(1) ICCPR
-territorial
-and subject 2 jurisdication
-They utilised a telelological interpretation method for this
-They are cumulative conditions, regardless of lit. inter.

Question 14

List the main cases for this topic

Answer 14

-Wall Opinion (Construction of a Wall)
-Al. Skeini v. UK
-Concluding Opinion Israel
Nuclear Weapons

Question 15

What is the main question of law in the Al Skeini v. UK case?

Answer 15

-Does the ECHR apply to middle-eastern countries(outside what was intended for the ECHR)

Question 16

What did the Al Skeini case conclude about the jurisdiction in the ECHR

Answer 16

-if sta pa is exercising efective control
=jurisd.
=ECHR applies

Two types of Jurisdiction
1. Personal Jursdiction (e.g: state agent exercises physical control over individu)
2. Spatial jurisdiction (con. ov. area–> area of military control

For outside Council of Europe powers
-must meet requirements of both pers. + spa. jurisdiction

Question 17

What is the meaning of abritrary within Art. 6 of the ICCPR?

Answer 17

-NOT a defence against imm., unlawful violence.
-Not necessary
-Not proportional
-No investigation in 2 killing (Al- Skeini Case)