Human Rights

Question 1

Use of Human Rights

Answer 1

• as positive law
• as moral ideals
• as standards
• as political language

Question 2

Universality of Human Rights

Answer 2

Every human being has the same human rights

Question 3

Requirement

Answer 3

The right holder must be a human being

Question 4

Cultural Relativsm

Answer 4

The argue that human rights are a strictly Western concept and should not be imposed on regions with different cultures, histories and values than the West has

Question 5

Duty Bearers

Answer 5

Traditionally only states bear human rights duties but in practice they also have to be respected by non-state actors

Question 6

Negative or liberty rights

Answer 6

Rights that secure for individuals a space free of state intervention e.g Freedom of speech

At UN level: civil and political right

Question 7

Positive or welfare rights

Answer 7

Rights that secure state intervention to guarantee well-being e.g right of housing/food

At UN level: economic, social and cultural rights

Question 8

Duties of a state

Answer 8

• Duty to respect
• Duty to protect
• Duty to fullfill

Question 9

Importance of human rights

Answer 9

• Their object can’t be something frivolous

- They must contain something that is essential to our enjoyment of human life in dignity

Question 10

Strategy: Conflicts of rights

Answer 10

• hierarchy strategy
• balancing strategy
• preferred right strategy
• categorial strategy

Question 11

hierarchy strategy

Answer 11

rights are listed from the most important to the least important right

Question 12

balancing strategy

Answer 12

Each individual case is looked on its own and the judge decides which right is more important in that scenario

Question 13

preferred right strategy

Answer 13

certain rights prevail over other rights but the court reserves itself the right to revise that priority in extreme cases

Question 14

categorial strategy

Answer 14

the court decides for a specific case which right is more important but also formulates abstract criteria for the importance of rights for citizens to rely on

Question 15

Conditions on limitations

Answer 15

If complying with a right can lead to greater harm than it protects it can be limited. Limitations are possible if:

• the nature of the right allows limitations
• the limitation must be provided by law
• the limitation must be proportional to the goal
• the limitation must be necessary in a domestic society

Question 16

Protection of Human Rights

Answer 16

By:

• Courts
• Politicans
• Experts

Question 17

International procedure

Answer 17

1. Admissibility:
   The court decides if the claim fulfills the requirements for being considered by the court
2. Merits:
   The court assesses the law and the available evidence to decide if a human right has been violated
3. Remedies:
   The court decides which reparations should be granted by the state to the victim