Human Rights Law Review Flashcards

Flashcards based on lecture notes covering human rights theories, international human rights law, and transnational actors.

What is the Will / Choice Theory of Rights?

Based on the capacity for freedom and personal autonomy; rights are the protected exercise of choice.

According to Will / Choice Theory, what is the function of rights?

All rights confer control over others’ duties to act in particular ways.

According to Hart (1955), what is the single, fundamental right?

The equal right for all men to be free.

According to Shue (1996), what are the Basic Rights?

Liberty, Security, and Subsistence.

What is the Interest Theory Approach to rights?

Rights are instrumental in securing human well-being.

According to Finnis (1980) what are the 7 Fundamental Interests?

Life and capacity for development, Acquisition of knowledge, Recreation, Artistic expression, Social / friendship, Capacity for intelligence and reason, Capacity for spiritual expression

What are the International Human Rights Covenants from 1966/1976?

The International Covenant on Economic, Social, and Cultural Rights and The International Covenant on Civil and Political Rights.

What is a Regime in the context of international relations?

Set of principles, norms, rules, and decision-making procedures that states and other actors accept as authoritative within an issue area.

What are the types of regimes?

Declaratory, Promotional, Implementation, Enforcement

What are the characteristics of Charter-based bodies?

Comes from the UN Charter and has jurisdiction over all UN members.

What UN body is the Human Rights Council?

Replaced the Commission on Human Rights in 2006.

What is the Universal Periodic Review?

A periodic review (every 4 years) of the human rights records of ALL UN Member States, based on equal treatment for all countries.

What materials are used for Universal Periodic Reviews?

Information provided by the State under review, reports of independent human rights experts and groups, and information from other stakeholders, including national human rights institutions and NGOs.

What are the Special Procedures of the Human Rights Council?

Experts assigned a mandate to examine, monitor, advise, and publicly report on human rights situations.

What is the Human Rights Council Complaint Procedure?

A confidential, victim-oriented, and timely process where individuals, groups, or NGOs can submit complaints to the human rights council.

What is the Human Rights Council Advisory Committee?

A “Think-tank” of the HRC comprised of 18 independent experts representing different regions of the world.

What are Treaty-Based Bodies?

Monitoring committees of unpaid independent experts associated with treaties where states party to the treaty must submit reports for review.

What is the purpose of the Human Rights Committee (ICCPR)?

Monitors the implementation of the International Covenant on Civil and Political Rights (ICCPR).

What are the responsibilities of the Human Rights Committee?

Examine reports by State parties, issue general comments on obligations of State parties, consider communications made by individuals, consider complaints by one State on another State’s behavior.

What is the purpose of the Committee against Torture (CAT)?

Monitors implementation of the Convention against Torture (CAT) and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

What is the function of the Subcommittee on Prevention and Torture?

Provides assistance and advice to member states and has unrestricted access to all places of detention in State parties.

What is a barrier to enforcement for implementation regimes?

Sovereignty.

What is the role of the European Court of Justice?

Ensures compliance with treaties establishing the European Union.

What is the role of the European Committee of Social Rights?

Monitoring body for European Social Charter (housing, health, education, work, legal protection, movement, and non-discrimination).

What is the role of the European Court of Human Rights (1959)?

Is an enforcement regime with over 10,000 judgements delivered.

What is the focus of the Association of Southeast Asian Nations (1967)?

Focuses on trade development and peace in the region.

What is the role of the ASEAN Intergovernmental Commission on Human Rights (2009)?

One representative from all 10 member states serving 3 year terms that conducts Thematic studies.

What does the African Commission on Human and People’s Rights do?

Promote, Protect, and Interpret the Charter.

What is the role of the African Court on Human and People’s Rights (2004)?

Cases come from commission, AU-IOs, or states against state parties, and can order compensation or reparations.

What are the strengths of the ICC?

Removes head of state immunity, is independent and non-political, tries individuals, and attempts to connect victims to trial.

When considering Humanitarian Law, what should one take into account?

Distinction, Proportionality, Precautions.

What is Delegated Jurisdiction?

States can delegate their criminal jurisdiction to other states or international courts.

What is Universal Jurisdiction?

States can prosecute for crimes occurring anywhere.

What is Eurojust?

European Union Agency for Criminal Justice Cooperation providing support hub for prosecutors and judges in 27 jurisdictions.

What are the general goals of NGOs?

Elevate issues to international community agenda, support domestic advocacy groups, encourage 3rd party actors to pressure.

What are the NGO Toolbox examples?

Naming and Shaming and Transnational Advocacy Networks.

What is the decision to report / engage a country based upon for NGOs?

Severity of violations AND ability to work in a country and Organizational Structure / Mission

What is meant by, Politicization of Regime:

Harsh to geopolitical enemies; friendly / quiet towards friends.

What is the meaning of State Repression of NGOs in this context?

Violent / Overt Oppression, Administrative Crackdown.

What is meant by the term, Transnational Repression?

Efforts by governments or their agents to silence or deter dissent by committing human rights abuses against their own nationals or former nationals outside their territorial jurisdiction

What are the Characteristics of a Good Evaluation Process?

Purposeful, Action-oriented, Practical, Participatory, Self-critical, Non-disciplinary, Truth-seeking, Accurate, Forward-looking, Effective reporting procedures, Ethical and Democratic, Gender-sensitive.

What are the components of an Outcome Statement?

The direction of the expected change, what will change, who will experience change, where the change is expected to happen.

As it relates to indicators, what questions should one ask?

How can I “see” the change? How can I “hear” the change? How can I “read” the change?