Human Rights Law Flashcards
What is the difference between a negative and positive right
A negative right requires States 2 abstain from certain behaviour
A positive right requires States to increase resources (actively work)
- so they can be realised
Explain why human rights are not just individual rights
- there are also solidarity rights
-rights ensured to a group of people specifically
-third generation of rightse.g: right to self-determination
Explain human rights through a universality lense
-universal moral norms
-Idea that they are widely ratified and accepted
-Universal wording (don’t take account of cultural differences)
Explain human rights through a culturally relativist lens
-HR as we know them are a western imperialist imposition
-reflects their values
-too individualistic;
-secular
-human society defined by western ideas
-not enough of nature
How is human rights compliance monitered
- State parties overseeing + impl. with their own mechanisms
-UN monitoring
-Human rights courts
-Quasi judicial mechanism –> non-judiciail measures which imitate/ carry out court procedures
What are the main human right treaties we have to remmember?
-ICCPR
-ICESCR
-ECHR
What do the UN Treaty bodies do?
- Periodic review
-States report on their compliance every 4-8 years
-NGOS can comment on these reports
-some supported by state so biased
-Examine interstate complaints
-Examine individual complaints
-Issue “general comments” providing interpretative guidance on the meaning of treaty provisions - Decisions and comments are not legally binding
What are the charter based mechanism(s) for monitoring human rights compliance?
- Human rights council
What does the human rights council do?
–> Conducts universal periodic review:
- all 193 UN member states report on HR compliance
–> Specific mandates procedures based on a right/ violation; or
-> country (e.g: Israel, Belarus)
Are there international human rights courts?
-No
What is the main regional human rights mechanism in Europe?
-ECHR
who are the parties of the ECHR
-All 46
-parties of the Council of Europe
Where does International Human Rights Law apply
–>applies to individuals within in territories and juridiction
Does IHRL apply to those is land occupied by state
Yes (ICJ Wall Advisory Opinion)
Explain the decision of the ICJ Wall Advisory Opinion
–>IHRL applies to territories which are also in the jurisdiction of certain states
–> not just their acc territory
summarise what personal applicability is
-applicability to individuals
-within the JURISDICTION of the state
-right holders: individuals, maybe groups (3rd gen of human rights)
Summarise who the duty holders are in IHRL
- primary duty olders: states
-Secondary duty holders:
-international organisations
-business actors
-individuals
-those subject to Inter. criminal law
Explain what temporal applicability is
- derogation from human rights law in times of conflict
-Human rights have applicability depending on the time (temporal)
-International humanitarian law will typically apply here (lex specialis)
What are the requirements for derogation from human rights
- emergency of
-sufficient gravity
-imminent
-vital threat to the organisaed life of the community
