Public International Law 1 Dersi 8. Ünite Sorularla Öğrenelim

Briefly define the term "human rights". 

Human rights are the basic rights or natural rights that are essential for the adequate development of human personality and for the happiness and progress of the human society.

Human rights differ from other rights in two respects. Explain both.

First, human rights are characterized by being:
• Inherent in all human beings by virtue of their being humans;
• Inalienable;
• Equally applicable to all.

Second, the main duties deriving from human rights fall on states and their authorities or agents, not on individuals.

Compare and contrast natural law and positive law.

Perhaps the most central concept in Locke’s political philosophy is his theory of natural law and natural rights. The natural law concept existed long before Locke as a way of expressing the idea that there were certain moral truths that applied to all people, regardless of the particular place where they lived or the agreements they had made. The most important early contrast was between laws that were by nature, and thus generally applicable, and those that were conventional and operated only in those places wherethe particular convention had been established. This distinction is sometimes formulated as the difference between natural law and positive law

What is the first reference of personal liberties in the history?

The first reference of personal liberties is found in the Magna Carta of 1215 in England.

Briefly explain the first generation of human rights.

The first generation of human rights consists of civil and political rights, mainly based on natural rights philosophy of the eighteenth century thinkers such as Locke and Rousseau.

Briefly explain the second generation of human rights.

The second generation consists of economic, social and cultural rights, which were propagated and recognized after the advent of socialism in the twentieth century. The emphasis in both has been on the individual’s rights.

Briefly explain the third generation of human rights.

Third generation rights emerged with the predominant support of the developing countries in the 1970s . In contrast to the individual’s rights (i.e., the first two generations rights), these are collective or group rights such as the right to development, right to healthy human environment, right to peace, and right to self-determination.

What are the functions of Human Rights Council in the protection of human rights?

It has a variety of protective functions, including monitoring, investigating, advising, reporting, and making recommendations on the implementation of human rights by the governments.

Explain the term "derogation" briefly.

Lessening or restriction of the authority, strength, or power of a law, right, or obligation. Specifically in the European Convention on Human Rights, a provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention.

What are the ideological approaches to human rights?

There are various ideological approaches to human rights, including the Natural Law Theory, Positivism, the Marxist Approach, the Sociological approach, and the Modern approach.

Briefly explain the natural law theory.

The chief exponent of this theory was John Locke. Natural rights theory emphasizes the moral worth of the individual. Accordingly, the individual possesses basic human rights and everyone is inherently entitled to these rights as a human being, independent of whether or not these rights are recognized by the ruler.

Briefly explain positivism in terms of human rights.

Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it. Jeremy Bentham and John Austin were its chief proponents. They considered the natural law to be vague and meaningless. They believed in freedom and equality; however, they did not base these values on natural law.

Explain the Marxist Approach to the human rights.

While the focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society, conceiving human rights chiefly in a materialistic frame has been one of its significant weaknesses.

Briefly explain the sociological approach to the human rights.

The sociological approach identifies the empirical components of a human rights system in the context of the social process. Its primary contribution has been its emphasis on obtaining a just equilibrium of interests among prevailing moral sentiments and the social and economic conditions of time and place.

Briefly explain the modern approach to the human rights.

The modern human rights approach is the sum total of the above approaches. Group rights are deemed to be important, particularly as emphasized by the developing world. The African Charter on Human Rights and Peoples’ Rights is an example in point. However, all the right oriented scholars agree that the minimum absolute or core postulates of any just system of rights must include some recognition of the value of individual freedom or individual autonomy.

What are the responsibilities of individuals under the Universal Declaration of Human Rights?

• “Everyone has duties to the community in which alone the free and full development of his personality is possible.

• In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

• These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.”

Provide short information about the International Labour Office.

The International Labour Office is the permanent secretariat of the International Labour Organization. It is the focal point for International Labour Organization’s overall activities, which it prepares under the scrutiny of the Governing Body and under the leadership of the Director General.

Provide at least two of the group rights.

1- Right to developmen

2- Right to healthy human environment

3- Right to peace

4- Right of territorial integrity

Which organisation replaced the Human Rights Council?

The Commission on Human Rights.

Write down some of the rights of minorities during the time of League of Nations. 

1- The protection of life and liberty

2- Free exercise of religion

3- Equality before the law

4- Freedom of organization for religious and educational purposes.