Human Rights Law in European Context Final Exam

When did the modern concept of human rights emerge?

During European modernity in the 17-18th centuries (England and Scotland)

Why did human rights develop historically?

To limit and restrain absolute/monarchial power

What was the importance of the English Bill of Rights? (1689)

It was the first major document, limiting the King’s power

What was distinctive about the Declaration of the Rights of Man and of the Citizen?

It gave a philosophical vision of rights and the relationship between citizens and the state

How did human rights change after WW2?

Rights became internationalized through the UN, UN Charter, and the Universal Declaration of Human Rights

How did Jean Bodin define sovereignty?

As absolute and indivisible state power above all laws except God

What problem did Hobbes discuss in the state of nature?

A violent war of everyone against everyone

According to Hobbes, why do people create the state?

Through a social contract to gain security and avoid chaos

What was Locke’s main contribution to human rights theory?

The government exists to protect natural rights; life, liberty, and property

How did Locke differ from Hobbes on sovereignty?

People can withdrawal consent from rulers without destroying the state

What is Rousseau’s idea of popular sovereignty?

The people are both rulers and the subjects; sovereignty belongs collectively to them

What is the core role of human rights in political theory?

To define and limit state power

What does “universality” in human rights mean?

The idea that all humans possess rights simply by being human

What are major controversies surrounding human rights?

Universality, effectiveness, judicialization, western bias, and economic/social inequalities

According to Douzinas, why can human rights be described as a myth?

Because they function as shared beliefs and ideals rather than fully realized factual realities

What is the paradox of the “triumph of human rights”?

Human rights are more widely discussed and accepted more than ever, yet violations continue globally

What did Francis Fukuyama mean by the “end of history”?

The idea that liberal democracy and human rights became the final dominant political ideal after the Cold War

What are the “two lives of human rights” according to Douzinas?

1. legal/practical life in courts/the law and 2. utopian/idealistic vision for society

What is the difference between natural law and positive law?

Natural law comes from universal principles and reason while positive law is formally created legal rules

What was Radbruch’s argument about unjust laws?

Extremely unjust laws should not be treated as valid laws

What criticism is made of the Declaration of the Rights of Man and of the Citizen?

Its “universal” language still excluded many groups, especially women and minorities

Why is vague human rights language sometimes useful?

It allows protection to expand over time to include previously excluded groups

How did Arendt describe totalitarianism?

As a system seeking total control through complete support over the regime

What did Arendt mean by the right to have rights?

Before enjoying rights, a person first must be legally recognized as part of a political community

How did Foucault connect nation states and racism?

Nation states can divide populations into true and unwanted groups through biopolitics and exclusion

What was the significance of the Universal Declaration of Human Rights?

It became the foundational global statement of human rights after WW2, despite lacking strong enforcement mechanisms

What were FDR’s 4 freedoms?

Freedom of speech, worship, from want, and from fear

How did Lemkin define genocide?

Acts committed with intent to destroy, in whole or part, a national/ethnic/racial/religious group

What distinguishes genocide from ordinary war crimes or mass killings?

Specific intent

What are the core features of human rights?

They are universal, innate, inalienable, inviolable, equal, and anti-discriminatory

What are first generation human rights?

Civil and political rights such as life, free speech, fair trial, and freedom from torture

What are second generation human rights?

Economic and social rights, like healthcare, labor protections, and maternity leave

What are third generation rights?

Collective rights such as peace, environmental protection, and development

What are fourth generation rights?

They are still in the works but include LGBTQ+ rights

What is the difference between negative and positive state obligations?

Negative obligations require the state not to interfere (ex. not to kill) while positive obligations require active protection or services (ex. healthcare)

What is the main difference between the Universal Declaration of Human Rights and the European Convention on Human Rights?

The UDHR is inspirational and originally non-binding, while the ECHR is legally binding and enforceable through a court.

Which organizations are connected to the three main human rights documents?

UDHR → United Nations; ECHR → Council of Europe; CFR → European Union.

Which court enforces the ECHR and which court interprets the CFR?

The European Court of Human Rights enforces the ECHR, while the Court of Justice of the European Union interprets the CFR.

Which document applies the broadest range of rights generations?

The CFR, because it includes rights from all generations, including modern biomedical and equality rights.

How do the ECHR and CFR differ in their focus on rights?

The ECHR mainly protects first-generation civil and political rights, while the CFR also strongly includes social, economic, and modern collective rights.

What is the difference in discrimination protection between Article 14 ECHR and Article 21 CFR?

Article 14 ECHR only applies to rights already listed in the Convention, while Article 21 CFR provides broader anti-discrimination protection

Which document relies most heavily on judicial interpretation to expand rights?

The ECHR, especially through ECtHR case law (e.g. privacy rights expanded into data protection).

How do the scopes of application differ between the ECHR and CFR?

The ECHR applies broadly to Council of Europe states, while the CFR applies mainly when EU institutions or member states are implementing EU law.

What do all three documents share in common?

They are rooted in post-WWII human rights ideals and influenced by the principle of universal human dignity.

What is the difference in enforcement mechanisms between the UDHR, ECHR, and CFR?

The UDHR has no direct enforcement court, the ECHR is enforced through individual applications to the ECtHR after exhausting domestic remedies, and the CFR is enforced through the CJEU and national courts when applying EU law.

Where are the main European human rights courts located?

The European Court of Human Rights for the ECHR is located in Strasbourg, while the Court of Justice of the European Union for the CFR is located in Luxembourg City.

What is the narrow vs broad understanding of the European legal system?

narrow = EU law only; broad = EU law, ECHR law, international law, and domestic legal systems

What is legal pluralism in human rights law?

Multiple legal systems and sources apply at the same time and interact with each other

Why is legal pluralism both a blessing and a curse?

Different systems can supplement one another but overlapping protections may create contradictions and conflicting interpretations

What role do human rights play between European legal systems?

They act as a shared language and common normative foundation connecting EU law, ECHR law, and domestic law

What was the purpose of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights?

To transform the non-binding ideals from the UDHR into binding international agreements

Why is the ECHR considered highly effective?

It allows individuals direct access to an international court with strong judicial oversight of states

What is meant by the constitutionalization of ECHR law?

The ECHR functions similarly to a constitutional system for Europe without formally replacing national constitutions

Why is the case Loizidou v. Turkey important?

The ECtHR described the Convention as a “constitutional instrument of European public order.”

Why did human rights protection develop slowly within early European Communities?

The original communities focused mainly on economic integration rather than rights protection

How were fundamental rights developed within EU law before the Charter became binding?

Mainly through CJEU case law

What is the importance of Article 6 TEU?

It recognizes the CFR as a primary EU rights document and links EU fundamental rights to the ECHR and constitutional traditions

What does Article 52(3) CFR require?

Rights in the CFR corresponding to ECHR rights must be interpreted consistently with the ECHR.

What is the relationship between EU primary law and the CFR?

The CFR forms part of EU primary law alongside the TEU and TFEU, meaning EU institutions must comply with it.

How do Germany and France differ constitutionally in their approach to human rights?

Germany explicitly places human rights at the core of the constitution, while France disperses rights protections through constitutional traditions linked to 1789 declarations.

What basic information appears at the beginning of an European Court of Human Rights judgment?

The parties, application number, date of judgment, and whether the case was decided by a Chamber or Grand Chamber.

What must applicants do before bringing a case to the ECtHR?

Exhaust all effective domestic remedies first (principle of subsidiarity).

What are the main sections of an ECtHR judgment?

Procedure, Facts, Domestic/International Law, The Law, and Ruling

What is the general difference between substantive and procedural limbs in ECHR rights?

The substantive limb concerns whether the state directly protected or violated a right, while the procedural limb concerns whether the state properly investigated, explained, or responded to the alleged violation.

What is the purpose of separate opinions in ECtHR judgments?

A concurring opinion agrees with the final outcome but for different reasons, while a dissenting opinion disagrees with the judgment or result reached by the majority.

What was the general main issue in Fernandes de Oliveira v. Portugal?

The case examined whether Portugal failed in its positive obligations under Article 2 ECHR to prevent a psychiatric patient’s suicide and properly respond afterward. The ECtHR found no violation of the substantive limb, but it did find a violation of the procedural limb because the proceedings took excessively long.