NLUJAA

National Law University and Judicial Academy, Assam

One Year LL.M. Degree Programme: I-Semester
(Academic Year: 2022-23)
Semester End Examination (December, 2022)
Subject Code: 1.4 (HL) International and Regional Perspective of Human Rights
(Optional Paper - I)
Time: 3:00 Hrs.
Total Marks: 100
INSTRUCTIONS:
1. Read the questions carefully and answer.
2. Unnecessary queries on the question paper shall not be entertained.
3. Do not write anything on the question paper. It will be treated as malpractice.

Question No. 1 is compulsory. Answer any three questions from the Question No. 2 to 5.

1. (a) On 17th March 2020, the outbreak of infectious Zod virues around the globe resulted in
innumerable death and severely affected the world economy. The State of Tamrus
suffered miserably owing to the widespread deadly virus and within a week, thousands
of its citizen had died and about eight thousand were critically ill and hospitalized. Lack
of adequate health care facilities in some parts of Tamrus, created unrest among the
public. Fearing the disruption of law and order situation, Government of Tamrus
declared five months state of emergency w.e.f. 26th March 2020 and notified the same
to the Secretary General of the United Nations. Right of Tamrusian to the freedom of
religion, movement and assembly was restricted. On 30th March 2020 Government of
Tamrus in pursuance of the emergency, passed a proclamation suspending Articles 7,
8 (1), 9, 15 and 17 of the Constitution of Tamrus. Eftox a citizen of Tamrus alleged
that such a proclamation resulted in arbitrary deprivation of her liberty and filed a
complaint in this regard before the ICCPR Human Rights Committee on 19th June
2020.
Tamrus is a member of United Nations and has ratified ICCPR and its first Protocol.
The rights of citizen under the Constitution of Tamrus are similar to the substantive
provisions of ICCPR.
Examine the above-mentioned situations in the light of relevant international human
rights perspective. (10 Marks)

(b) Explicate the international human rights standard relevant to the sale of children, child
prostitution and child pornography. (15 Marks)

2. Trace the historical development of international human rights from Code of Hammurabi
till the United Nations Charter, 1945. Explain critically the humanization of international
law by the Universal Declaration of Human Rights, 1948. (12+13=25 Marks)

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3. “The European Convention on Human Rights is said to be a living instrument.”- Discuss
the above statement. Explain the applicability of the principle of subsidiarity by the
European Court of Human Rights. (10+15=25 Marks)

4. “The enforced disappearance of persons infringes upon a range of human rights.”– In the
light of the above statement briefly outline the impact of enforced disappearance and
elaborately analyze the substantive rights and state obligations enumerated under the
International Convention for the Protection of All Persons from Enforced Disappearance,
2006. (7+18=25 Marks)

5. (a) Discuss the procedures adopted under the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights, 2008 for implementation of the
provisions of the International Covenant on Economic, Social and Cultural Rights,
1966. (12 Marks)

(b) “African Charter on the Rights and Welfare of the Child (ACRWC) 1990 is designed
to retain the spirit as well as substance of the letter of the Convention on the Rights of
the Child, 1989 while at the same time having special provisions guided by the
situations in Africa.” – Examine the above statement. (13 Marks)

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