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23 Cards in this Set
- Front
- Back
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Human Rights |
- Protect all humans without any form of discrimination - Interrelated, interdependent, indivisible - Aka. "Fundamental Freedoms" - Inherent and inalienable - Must be protected by the Rule of Law |
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Vertical Effect |
Individual-state relationship regulated by Human Rights laws |
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Horizontal Effect |
Governments are obliged to protect individuals from infringements by other individuals (ex: homicide) |
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Physical Integrity Rights (Civil Rights) |
Right to life, liberty and security Ex: protection against torture or slavery; freedom of movement and of thought |
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Due Process Rights (Civil Rights) |
Freedom of expression and assembly, right to participate in the government, and right to vote |
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Economic and Social Rights |
a) Economic: right to property, to work, to a fair wage, to regulated working hours, to have trade unions b) Social: right to health, shelter, food, social care and education |
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Cultural Rights |
Right to participate in the cultural life of the community and copyrights |
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Fundamental Rights |
Right to life and inviolability of the individual |
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Basic Rights |
Concern primary material and non-material needs essential for a dignified life (ex: freedom of thought, freedom from slavery, freedom of religion, right to suitable nutrition/shelter/clothing, etc.) |
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First Generation Rights |
Related to liberty and refer to civil and political rights |
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Second Generation Rights |
Related to equality and include economic, social, and cultural rights |
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Third Generation/Solidarity Rights |
Cover group and collective rights,including the right to development, to peace, and to a clean environment |
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The Tripartite Typology |
For every basic right (civil, political, economic/social, cultural) there are three types of correlative obligations: 1) to respect 2) to protect 3) to fulfill |
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International Law |
- No single legislature - No single reinforcing institution - Serves as guidelines for states, although agreements may not be legally binding - Can only be established with consent of states |
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International Conventions |
- Contracts signed between states - Legally binding - Impose mutual obligations among states - Adopted at universal level |
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Peremptory Norms (in reference to International Custom) |
Accepted and recognized by the international community as norms from which no derogation is allowed |
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Rule of Law |
- Fundamental principle- Rights must be protected by law, not by the current ruler- Maintains a balance between individual liberty and public order - Enable members of the executive and judicial branches to decide on issues before there is an urgent need to do so - Provide guidelines for judges - Limit the discretionary power of judges/members of the executive |
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Soft Law |
Non-binding instruments that might shape the human rights practices of states Ex: Resolutions/declarations from the UN General Assembly; action plans |
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Treaty Bodies |
- Supervisory organs - Interpret international treaties - Make recommendations - Sometimes make decisions on particular cases |
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Implementation |
- Compliance with human rights standards by individual states - Initiatives taken by states to protect and promote human rights |
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Supervision |
All procedures that have been instituted at the international level, with the aim of monitoring compliance with human rights standards at the domestic level |
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Monistic System of Implementation (Domestic Level) |
Both domestic and international law are considered together as having the same effect |
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Dualist System of Implementation (Domestic Level) |
A strong distinction is maintained between domestic and international law, and the latter must be written into the former in order to carry substantial weight |
