Week 5: do Human Rights matter?

Question 1

Bearers of Human Rights

Answer 1

The individuals. The duty to safeguard them remains with the State

Question 2

Civil and political rights

Answer 2

Intellectual and physical freedom
Intellectual freedom: conscience, expression, association and assembly
Physical freedom: movement, liberty and security of a person and prohibition of slavery

Question 3

Human dignity

Answer 3

the underlying principle in the International Bill of Human Rights, is the main value protecting physical integrity and life

Question 4

Historical origins of Human Rights

Answer 4

They appeared in the West in the 17th and 18th century and were Western-centric (until the decolonisation period). Although the State and the Leviathan are sovereign, the social contract did not require a total surrender of individual autonomy to the State.
International Human Rights are mainly post WWII efforts, in tandem with decolonisation.

Question 5

Three main sources of International Human Rights Law

Answer 5

1. CIL
2. Treaty law
3. General principles of law

Question 6

Group rights under International Human Rights Law

Answer 6

Group rights cannot qualify as Human Rights as Human Rights have to be seen to be the rights of the individual in relation to the State.