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Various Branches of International Law > International HR law > Flashcards

International HR law Flashcards

1
Q

2 definitions HR

A

rights that the individual can assert against the organized power of the state
rights that we have by virtue of being human beings

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2
Q

Relevant historical facts in HR development

A

Before WWII:
- state sovereignty + non intervention
- 1919: international labour organization
- 1927: Slavery convention
- League of nations
- - HR clauses in mandated to colonial powers to administer territories
- - treaties about minorities
After WWII:
- 1945 Charter UN -> Art 1 foundation of modern HR law
- nuremberg + Tokyi tribunals
- 1948: UDHR
- 1966: ICCPR + ICESCR

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3
Q

Domestic developments that inspired international HR law (list)

A

1791: US Bill fo Rights
1789: French Decaration of Rights of man and citizen
1776: UD declaration of independence
1689: English Bill of rights
1215: Magna Carta

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4
Q

Domestic developments that inspired international HR law (characteristics)

A
  1. from western countries
  2. to reduce sovereign power of states
  3. Basic rights of the individual
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5
Q

Basis of obligation in international human rights law

A
  • general international law
    • custom
    • jus cogens
  • treaties
  • General principles are too hard to prove
  • subsidiary sources
    • judicial decisions helpful to interpret vague norms of HR
    • soft law (es not binding decisions from committees)
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6
Q

Characteristics core international treaties in international HR law

A
  • require state consent
  • contain rights + state obligations
  • each ahs a body that supervises it
  • can have protocols attached (state consent) about
    • enforcement
    • extra rights
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7
Q

Which HR are jus cogens?

A

prohibition racial discrimination
prohibition genocide
prohibition torture

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8
Q

Main HR treaties

A
  • International Bill of HR
    • Universal declaration of HR
    • International covenant on civil and politcal rights
    • international covenant on economic social and cultural rights
  • 1948 Genocide Convention
  • Subject specific treaties
  • UN Charter
  • Regional treaties
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9
Q

Regional treaties on HR

A
  • American Convention on Human Rights
  • European Convention on Human Rights
  • African Charter on Huma and People’s Rights
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10
Q

Important UN Charter articles for HR

A
  • Art 1 ->encouraging respect for HR without discrimination
  • Art 55 -> universal respect for HR without discrimination
  • Art 56 -> All MS should work to achieve Art 55
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11
Q

Collective rights: definition

A

thie needed by segments of the population that demand government action

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12
Q

Group rights: definition

A

inhere in population, not in individuals (es to self determination)

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13
Q

Duty bearers of HR are

A
  • States
  • Intergovernmental organizations (1949 Reparation case)
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14
Q

Collective rights can be divided in

A
  • Civil and political rights: individual freedoms from government
  • Economic and Social rights: claim action by the government
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15
Q

Art 2 ICCPR vs Art 2 ICESR

A
  • art 2 ICCPR = respect and ensure
  • art 2 ICESR = take steps, but minimum obligations
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16
Q

Core obligations Economic and social rights

A
  • health facilities, goods, services on non discimination basis
  • essential food
  • basic shelter
  • essential drugs
  • equitable distribution of health facilities
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17
Q

Universal nature of HR from

A

1993 Vienna Declaration and program of action

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18
Q

State’s obligations in HR can be (state - individual)

A
  • horizontal: protect individuals from other individuals
  • vertical: State direct obligation towards individuals
19
Q

States have 2 types of obligations

A
  • positive: to fulfill (the right)
  • negative: to protect (the right)
20
Q

In what is international HR law different from Public international law?

A

In international HR law the obligations are on States towards individuals, while in PIL the obligations are between states

21
Q

Monist state definition

A

= direct application of IL

22
Q

Absolute rights (definiion + examples)

A

= rights that cannot be limited
- prohibition of torture
- of slavery
- certain freedoms
- certain fair trial aspects

23
Q

Permissible limitations of HR

A
  • prescribed by law
  • necessary
  • legitimate aim
    • public safety
    • public health
    • public order
    • public morals
    • foundamental rights
    • freedom of others
24
Q

Dualist state definition

A

= IL has to be incorporated in domestic legal system

25
Q

HR have universal nature because

A

they are a characteristic of the modern state

26
Q

Principles of HR/Main Civil and Political rights

A
  • Human dignity
  • Freedom (intellectula and physical)
  • Fairness, impartiality and Equality
  • Justice and legality
  • Private sphere
  • Accountability
  • Participation
27
Q

International machinery HR

A

UN
- Charter based -> human rights council
- Treaty based -> treaty monitoring bodies (committees)
Regional systems

28
Q

Treaty monitoring bodies (Committees)

A
  • are 9
  • their work has weight in ICJ decisions
  • functions
    • state reports
    • general comments
    • individual complains (where can do)
    • inter-state complains
    • inquiries
29
Q

Treaty based bodies monitoring procedures

A
  • state reporting
  • review + analysis
  • concluding observations
30
Q

Human Rights council: functions

A
  • plus promotion and protection HR
  • Address violations
  • investigate HR concerns with independent experts
31
Q

Human Rights Council: Tools and mechanisms

A
  • UPR
  • Complaint procedure (confidential)
  • Special procedures (public)
32
Q

Huma Rights Council: limitations

A
  • enforcement power: not binding
  • among its 47 members there have been HR violations
33
Q

Human Rights Council predecessor

A

UN commission on Human Rights
- standard setting role
- country based reports
- thematic mandates
but political selectivity

34
Q

Regional bodies

A
  • Inter American Commission on HR + Inter American Court: complains to IACH that makes recommendations, cases to the Court
  • European Court of Human Rights: complains + cases
    Council of Europe: broader standard setting role and compiance monitoring, to enter mandatory to sign European convention on HR
  • African Commission on Human and People’s rights + Courts: complains and investigation by the Commission, cases to the Court
35
Q

Regional treaties on HR

A
  • American Convention on HR
  • European Convention on HR
  • African Charter on Human’s and People’s Rights
36
Q

CPRs vs ESCRs

A
  • Traditional western rights/ favoured by Eastern block and Global south
  • Negative obligations/ Positive obligations
  • Strict obligations/ Margin and Progressive
  • No resource allocation questions/ questions on resource allocation
  • Limitate to State’s jurisdiction/ Extraterritorial application
37
Q

Similarities ICESCR and ICPR

A

Obligations are of immediate effect

38
Q

From CESR General Comment 3: obligations

A

Under ICESR States have to obligations:
- of conduct -> no discrimination
- of result -> take steps towards

39
Q

From CESR General Comment 3: minimum core obligations

A
  • widest enjoyment of rights
  • keep monitoring
  • low- cost targeted programs for vulnerables
40
Q

UN GA “The right to a clena, healthy and sustainable environment”

A
  • Resolution 76/300
  • it is a human right
  • it is related ot other HR and int law
41
Q

Right to healthy environment: where can we find it?

A
  • Art II protocol san salvador
  • Art 24 CRC
  • Art 24 ACHPR
42
Q

Special rapporteur…: what has it done?

A

… on the issue of HR obligations relating to the enjoyment of a safe, clean, helathy, sustainable environment
- The safe climate report -> Wha this right means
- Clean Air report -> many states have it in their legislations/are in international agreements that include it

43
Q

Human Rights Committee: case Billy at al. vs Australia

A

CLAIMS: Australia, failing to adopt adaptation and mitigation measures vs GHG emissions, violated of ICCPR
- Art 2
- Art 6 -> right to life
- Art 17 -> right to private life
- Art 27 -> rights of minorities
- Art 24 CRC
ADMISSIBILITY
- Australia is part of ICCPR
- High Court of Australia already ruled regarding this case
COMMITTEE’s CONSIDERATIONS
- no violation -> art 6: risks are in the foreseeable future, no imoacts now, Australia has still time
- violation -> Art 17. Art 27 (Art 2)

44
Q

Optional Protocol to ICCPR

A
  • Art 1: individuals can bring claims before the HR Committee
  • Art 2: domestic courts must be exhausted before
  • Art 4: Committee will bring claims to State’s attention, State will give written explanation

Various Branches of International Law (8 decks)

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