Untitled Flashcards Set

What is the state's positive obligation in securing rights for applicants?

state must take reasonable and active steps to safeguard life and livelihood.

What challenges do climate change cases face regarding admissibility?

• proving victim status

• establishing territorial jurisdiction

• exhausting domestic options

What is the significance of extraterritorial jurisdiction in climate change lawsuits?

• Multiple states can be sued for large-scale violations, making all bad actors responsible for solutions.

• difficult for courts to buy

Which rights are generally dealt with in climate change cases according to the ECvHR?

The right to life, prohibition of cruel treatment, right to respect for family life, and right to an effective remedy.

What are the types of international tribunals mentioned?

• Permanent (e.g. ICC)

• ad hoc (temporary)

• hybrid tribunals (mix of national and international laws).

What is a major challenge in prosecuting sexual violence in conflicts?

• Access to survivors

• witness protection

• cultural barriers

What does the term 'Justice Cascade' refer to in the context of human rights prosecutions?

It demonstrates that human rights prosecutions can lead to a decrease in violations by deterring potential offenders.

What key concept does Mutua discuss regarding the portrayal of human rights?

He critiques the 'savages, victims, saviors' metaphor, arguing it reflects a colonial and Eurocentric bias.

What did the Nuremberg trials establish in international law?

They set important legal precedents regarding individual criminal responsibility for war crimes.

How does the liberal perspective view poverty and inequality in international human rights law?

It emphasizes global multilateral institutions and their role in addressing poverty through regulatory frameworks.

What critique does Debour raise about the 'savages-victims-saviors' approach?

It oversimplifies complex issues, lacking nuance and failing to recognize the dynamic nature of states and cultures.

What is the impact of multipolarity on human rights in a global context?

It has led to weakened American influence and increased nationalism, complicating the enforcement of human rights.

Why is unity among powerful nations important in the context of international human rights?

If a permanent member of the Security Council disagrees, it can hinder investigations and prosecutions of human rights violations.

What is the role of cultural perspectives in human rights law discussion?

Different cultures have unique norms, which can affect the interpretation and implementation of human rights.

What is the role of non-state actors in human rights advocacy?

Non-state actors, including NGOs and civil society organizations, play a crucial role in promoting and protecting human rights by holding governments accountable.

How does climate change impact human rights?

Climate change exacerbates existing human rights issues by affecting access to clean water, food security, health, and housing.

What is the principle of universality in human rights?

The principle of universality asserts that human rights are inherent to all people, regardless of nationality, ethnicity, or culture.

What is meant by 'transitional justice'?

Transitional justice refers to the set of measures implemented to address the aftermath of gross human rights violations and to promote accountability and reconciliation.

What does the term 'cultural relativism' mean in the context of human rights?

Cultural relativism suggests that human rights practices should consider cultural contexts and norms, which can lead to debates about the universality of certain rights.

What challenges do global human rights organizations face?

Challenges include resource limitations, political opposition, and the complexities of addressing diverse cultural perspectives.

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

The Universal Declaration of Human Rights serves as a foundational document outlining fundamental human rights that are to be universally protected.

How does the principle of accountability function in human rights law?

The principle of accountability ensures that individuals and governments are held responsible for violations of human rights, often through legal mechanisms.

What is an example of a regional human rights system?

The European Court of Human Rights is an example of a regional system that enforces and interprets human rights laws among its member states.

What role does education play in promoting human rights?

Education raises awareness about human rights principles and empowers individuals to advocate for their rights and the rights of