Human Rights - Rules And Theory

Question 1

What are Human Rights?

Answer 1

The fundamental rights which should be universal to all people.

Question 2

What are civil liberties?

Answer 2

Rights and freedoms recognised by a particular country e.g. the right to free healthcare.

Question 3

What are the 5 things Human Rights should be?

Answer 3

1) belong to every individual
2) universal
3) inalienable
4) indivisible
5) owed to the state by the people

Question 4

What is a prima face breach?

Answer 4

‘Prima face’ means ‘on the face of its and is used for presumptions made which are used to establish a case and is needed for a case to progress.

Question 5

What happens if there is no prima face breach?

Answer 5

There is no claim.

Question 6

What does a claim need to have after the breach to be successful?

Answer 6

If there is no Justification for the breach then the claim will be successful. If there is justification then the claim will fail.

Question 7

What does ECHR stand for?

Answer 7

European Convention On Human Rights.

Question 8

What is a ECHR?

Answer 8

An obligation which the state must act on unless there is justification to protect wider society.

Question 9

What are negative obligations?

Answer 9

Negative obligations (do not) are Duties of the state to refrain from interfering with individuals rights. E.g. a state must not discriminate, torture, or unlawfully detain individuals.

Question 10

What are positive obligations?

Answer 10

Positive obligations (do act) are responsibilities of the state to take proactive measures to protect individuals.

Question 11

4 Examples of positive obligations

Answer 11

1) Investigation of Violence
2) Protection from Harm
3) Access to Justice
4) Promoting Rights