Public International Law II (JIL 522) - International Protection of Human Rights

These flashcards provide a comprehensive review of the evolution, legal instruments, and regional systems for the international protection of human rights as discussed in the Public International Law II (JIL 522) course.

What was the Babylonian King Hammurabi's code of laws, and how many rules did it contain?

It was a collection of $282$ rules established to define fair wages, protect property, and require that charges be proven at trial.

Who were some of the Greek and Roman philosophers recognized for their contributions to the concepts of natural rights and natural law?

Ulpian, Aristotle, Cicero, and St. Thomas Aquinas.

On what date was the Magna Carta granted, and who were the primary parties involved?

It was granted on June $15, 1215$, by King John of England to the English barons.

What specific principle arose from the famous Magna Carta clause 'No taxation without representation'?

The principle that the King has no power to tax persons who are not represented in the government.

What is the significance of Clauses $39$ and $40$ of the Magna Carta?

They guarantee due legal process, including the principle of habeas corpus and the right to trial by jury.

The Petition of Rights ($1628$) sent to King Charles I contained which four main points?

($1$) No taxes levied without parliament's consent; ($2$) No imprisonment without cause; ($3$) No quartering of soldiers in citizens' homes; ($4$) No martial law used in peace time.

What did the Bill of Rights of $1689$ establish regarding the source of law-making?

It established the doctrine of parliamentary supremacy, meaning Parliament became the supreme source of law-making over the monarch.

Why did the term 'Human rights' replace 'natural rights' in the twentieth century?

Because 'natural law' had become a matter of controversy and the phrase 'the right of man' was not universally understood to include the rights of women.

Article $1$ of the UN Charter states that one of the purposes of the organization is to achieve international cooperation in what specific area?

In promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.

Which international document did Eleanor Roosevelt refer to as the 'International Magna Carta for all mankind'?

The Universal Declaration of Human Rights ($UDHR$).

What are the three documents that comprise the 'International Bill of Human Rights'?

The Universal Declaration of Human Rights ($UDHR$), the International Covenant on Civil and Political Rights ($ICCPR$), and the International Covenant on Economic, Social and Cultural Rights ($ICESCR$).

What specific mechanism was established by the first Optional Protocol to the International Covenant on Civil and Political Rights ($ICCPR$)?

An individual complaint mechanism allowing individuals to submit communications regarding alleged violations to the Human Rights Committee.

According to the International Covenant on Civil and Political Rights ($ICCPR$), which rights are considered non-derogable?

Right to life, freedom from torture, freedom from slavery, right to legal personality, and freedom of thought, conscience, and religion.

How does the implementation of the International Covenant on Economic, Social and Cultural Rights ($ICESCR$) differ from the $ICCPR$ for State Parties?

It provides for progressive implementation depending on the resources available to the State.

What body was created in $1985$ to oversee State Parties' implementation of the $ICESCR$?

The Committee on Economic, Social and Cultural Rights ($CESCR$), consisting of $18$ independent experts.

What is the core definition of discrimination against women as provided in Article $1$ of the $CEDAW$ ($1979$)?

Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms.

What does Section $12$ of the Constitution of the Federal Republic of Nigeria ($CFRN$) require for international treaties like $CEDAW$ to be legally enforced?

Legislative domestication by the National Assembly.

How does the Convention on the Rights of the Child ($CRC$) define a 'child' under Article $1$?

Every human being below the age of $18$ years unless, under the law applicable to the child, majority is attained earlier.

What is the minimum age established by the Optional Protocol on the Involvement of Children in Armed Conflict for compulsory recruitment into regular armed forces?

$18$ years.

What are the three principal regional human rights instruments mentioned in the lecture?

($1$) The European Convention on Human Rights; ($2$) The American Convention on Human Rights; ($3$) The African Charter on Human and Peoples’ Rights.

What did Protocol $11$ of the European Convention on Human Rights accomplish in $1998$?

It abolished the European Commission on Human Rights and allowed individuals to take cases directly to the European Court of Human Rights.

What is the alternative name for the American Convention on Human Rights ($1969$)?

The Pact of San Jose de Costa Rica.

What unique 'third generation' rights are introduced in the African Charter on Human and Peoples’ Rights?

The right to national and international peace and security, the right to a general satisfactory environment, and the right to economic, social, and cultural development.

In the case of SERAC v. NIGERIA ($2001$), which rights were found to be 'implicit' in the African Charter?

The right to housing and the right to food.

What was the Supreme Court's ruling in Ukeje v. Ukeje ($2014$) regarding Igbo customary law?

The court ruled that Igbo customary law disentitling a woman from benefiting from her late father’s estate is discriminatory and contrary to Section $42(2)$ of the $1999$ Constitution.

How is 'child labour' defined by the International Labour Organisation ($ILO$)?

Work that is mentally, physically, socially or morally dangerous and harmful to children and interferes with their schooling.