Human Rights Flashcards
What are some monitoring mechanisms of human rights
-Treaties
-Treaty bodies
-State reports (Under ICCPR)
-Complaints by states(in ICCPR)
-Complaints by Individuals
-Ad-hoc investigations (CAT)
-Legitimate Limitations Clause
What are the conditions for derogation in the ICCPR
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
What is the article codifying the requirements of derogation in the ICCPR?
-Art. 4 ICCPR
TRUE or FALSE: the ICESCAR has a derogation clause
-FALSE
What did the Concluding Observations Israel Report conclude?
-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
What was the Concluding Observations Israel Report?
-Human Rights report on Israel
Are all human rights derogable from?
- No.
-Art 4(2) ICCP
-No derogations in ICESCR
Are there some ways to not fully follow a human right apart from derogations?
-Legitimate limitation cause
List the 3 General Requirements of Limitating human rights
- leg. bas. ‘by law’
- 2 protect legitimate interests
- Necessary “pressing social need” -Proportionality test
TRUE or FALSE: definitions of jurisdiction in international law don’t exactly cover territory, but do cover individuals
-Yes and no
-ECHR only mentions people
-ICCPR mentions territory
Is the obligation to respect a negative or positive obligation?
-Negative
Is the obligation to ensure a positive or negative obligation?
-positive
What did the ICJ conclude about Jurisdiction (Wall opinion)
-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.
-Wall Opinion
List the main cases for this topic
-Wall Opinion (Construction of a Wall)
-Al. Skeini v. UK
-Concluding Opinion Israel
Nuclear Weapons
What is the main question of law in the Al Skeini v. UK case?
-Does the ECHR apply to middle-eastern countries(outside what was intended for the ECHR)
What did the Al Skeini case conclude about the jurisdiction in the ECHR
-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
What is the meaning of abritrary within Art. 6 of the ICCPR?
-NOT a defence against imm., unlawful violence.
-Not necessary
-Not proportional
-No investigation in 2 killing (Al- Skeini Case)
What are the conditions that need to be fulfilled so someone can file an individual complaint at the United Nations Human Rights cOMMITTEE
- State of nat. has to have rat. OP1 ICCPR (Art. 1. OP1 OCCPR)
2.Exhaustion of dom. rem. (Art. 2 OP1 ICCPR) - Req. of being individual? (Art. 2 OP1 ICCPR)
4.No anon app (Art. 3 OP1-ICCPR) - No ongoing investigation or sett. under another intl proc. (Art. (5)(a) ICCPR)
How do states report violations to the UN human rights committee?
-Art. 40 + 41 ICCPT
List some regional human rights mechanisms
-Council of Europe
-Organisation of American States(OAS(
-African Union(AU)
Who can submit applications to the ECthr
-Indivuals-Art. 34 ECHR
-States
What is the admissability criteria of applications to the ECHR?
-Domestic remedies exhauted (Art. 35 par 1)
- Not anonymous (Art. 35(2)
-Sub. the same as a matter alrdy examin. by court(Art. 35(2)(a))
-not already sub, 2 another intl. investigat. procedure (Art. 35(2)(b))
-Not abuse of r.of. ind. app (Art. 35(a)
-Person not at sig. disad. (Art. 35 par. 3(b)ECHR)
List the jurisdictional grounds for inadmissibility
-Incompability rationen personae
-Incompatibility rationen LOCI
-Incompatibility ratione TEMPORIS
Incompatibility ratione MATERIAE
