Pols 466 2024 Midterm

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Which statement about human rights treaties is FALSE: Select one: a. Tiirkiye made a reservation to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. b. The UN Convention on the Elimination of Racial Discrimination required a minimum of 27 states parties (states who ratified or acceded to the Convention) before it could enter into force. c. States can participate in the negotiations on the text of a new human rights treaty and then never sign or ratify the document. © d. Inits 1951 advisory opinion on Reservations to the Genocide Convention the ICJ ruled that reservations to human rights treaties are invalid due to their specific nature and purpose. Clear my choice Which of the following documents is legally binding for Germany under international law? Select one: a. Adecision of the UN Committee Against Torture in the case of Y versus Germany. b. Concluding observations of the UN Human Rights Committee on Germany. c. Areport of the UN Special Rapporteur on Violence Against Women following her visit to Germany. © d. A judgment of the European Court of Human Rights declaring the case of Germany versus Poland inadmissible. Clear my choice Which of the following statements regarding the margin of appreciation doctrine of the European Court of Human Rights is FALSE The philosophy behind the margin of appreciation doctrine is that - a priori - the state knows best how to protect the rights of individuals on the one hand and to protect public interests on the other. Where a case touches upon sensitive moral or ethical issues the margin of appreciation for states will usually be restricted Where a state is required to strike a balance between competing private and public interests or Convention rights there will usually be a wide margin of appreciation Where there is no consensus within the member states of the Council of Europe, either as to the relative importance of the interest at stake or as to the best means of protecting it, the margin is generally wider Unlike its predecessor the League of Nations, the United Nations (UN) refers in its founding document - the Charter of the UN - not to minority rights protection but to the promotion of human rights. Mention two differences between the minority rights regime of the League of Nations and the human rights regime of the UN as it was arranged at the time of its establishment in 1945. + Ay BI Which of the following is NOT a formal (primary) source of international law? Select one: a. Human rights treaties b. General principles of law. © c. Judicial decisions of the International Court of Justice. d. Rules of customary international law. Clear my choice Which statement about the League of Nations is FALSE: Select one: a. Minority rights treaties of the League of Nations provided members of certain minorities with a number of (international) legal rights. b. The United States of America was never a member of the League of Nations. © c. The Council of the League of Nations could receive petitions of members of minority groups when their rights were violated. d. All member states of the League of Nations were legally bound to uphold the rights laid down in the minority treaties of the League. Clear my choice The freedom of expression is laid down in article 10 of the European Convention of Human Rights. During the pandemic many states sought to restrict the enjoyment of this right in order to stop the spread of 'fake' information about the virus. They thereby sought to protect public health. Are states allowed to restrict or limit qualified rights, like the freedom of expression? And if so, under which conditions? Explain and refer to the relevant legal sources. Vi[ Ar | BIT SF &*S & & The concept of universality of human rights has been contested from various corners. Women's rights proponents have claimed, for example, that the international system for the promotion and protection of human rights is paying attention to the rights of men, but ignoring the enjoyment of human rights by women. Yet, the United Nations, from the moment of its inception, intended to promote and protect the enjoyment of human rights by all, men and women. Mention the 3 strategies that the United Nations deployed since its establishment in order to promote women’s enjoyment of human rights and briefly explain each strategy. T|| Ay | BIT =e & Sw & Which of the following statements about the European Court of Human Rights is false: Select one: a. Civil society organisations can act as amicus curiae in cases before the European Court of Human Rights, provided that the president of the Court has granted them leave to do so. b. Asingle judge formation can declare an individual complaint inadmissible. © c. Inacase of X versus Turkey, the Turkish judge of the European Court of Human Rights is not allowed to participate in the proceedings. d. Individual complaints are generally only deemed admissible by the European Court of Human Rights after all domestic remedies have been exhausted. Clear my choice In her piece on the dark side of human rights, Kapur unpacks three normative claims ‘on which she argues the human rights project is based. Use the case of S.A.S. versus France to illustrate one of her main critiques of the international human rights project/system. Vi| Avy | BIT The universal periodic review and the state reporting procedure are two monitoring procedures of UN human rights monitoring bodies. Although the two procedures have many similarities there are some important differences in both proceedings. Briefly explain three differences between both procedures. Vi| Avy | BIT Which of the following statements is FALSE: a. The case of Loizidou versus Turkey dealt with the right to property of Ms Loizidou who could not access her properties in Northern Cyprus. b. In the case of Loizidou versus Turkey the European Court of Human Rights held that Turkey's reservation was invalid. © c. Inthe judgment on Mammadov versus Azerbaijan the European Court of Human Rights found that Azerbaijan had not complied with its obligations under article 46 of the European Convention of Human Rights. d. In the case of R.K.B. versus Turkey the UN Committee on the Elimination of All Forms of Discrimination found that the complaint against Turkey was inadmissible as the applicant had not exhausted all domestic remedies. Clear my choice Which of the following statements is FALSE: a. Allmember states of the UN can participate in the interactive dialogue phase of the universal periodic review procedure of the UN Human Rights Council. b. UN member states are legally bound to uphold resolutions of the UN Human Rights Council. © c. The UN General Assembly can suspend membership of the UN Human Rights Council. d. Non-governmental organizations (NGOs) can file complaints with the UN Human Rights Council if they have knowledge of gross and systematic human rights violations in a UN member state. Clear my choice Noa works for an NGO that aims to promote LGBTIQ+ rights in Hungary. The office of the NGO is frequently targeted by far-right groups and the members of the NGO, including Noa frequently face threats and abuse. Although they have complained many times to the police, the authorities dont take any action. One day a bomb explodes in the NGO office and 4 people, including Noa gets injured. Noa and his colleagues want to take action at the international level as on teh domestic level they cannot get justice. They argue that Hungary violates their right to be free from torture, inhuman and degrading treatment; their right to private life; and their right to freedom of assembly. The NGO turns to you - a human rights expert - and asks you to which international human rights body they should turn to complain. Although they would like to receive compensation for the harm done they find it even more important that the monitoring body will call for structural changes. You may presume that the domestic remedies are exhausted and that the rights in question apply to the case at hand. Explain to which bodies the NGO and Noa can turn and which body you advise them to file their compliant with. Which of the following statements about the Universal Declaration of Human Rights is FALSE: Select one: a. The Universal Declaration of Human Rights contains civil and political rights as well as socio-economic rights. b. The UN member states that adopted the Universal Declaration of Human Rights were not legally bound to uphold the norms laid down in this document. c. Most of the rights that are mentioned in the Universal Declaration of Human Rights are nowadays part of customary international law. © d. The UN Human Rights Committee was responsible for drafting the Universal Declaration of Human Rights. Clear my choice Which of the following statements about the Universal Declaration of Human Rights is FALSE: Select one: a. The Universal Declaration of Human Rights contains civil and political rights as well as socio-economic rights. b. The UN member states that adopted the Universal Declaration of Human Rights were not legally bound to uphold the norms laid down in this document. c. Most of the rights that are mentioned in the Universal Declaration of Human Rights are nowadays part of customary international law. © d. The UN Human Rights Committee was responsible for drafting the Universal Declaration of Human Rights. Clear my choice Which of the following human rights monitoring bodies is composed of independent experts: Select one: a. The UN Commission on the Status of Women © b. The UN Human Rights Committee c. The UN Human Rights Council d. The UN Commission on Human Rights Clear my choice Which of the following statements regarding the nature of human rights obligations is FALSE: a. States can restrict the right to private life of individuals, where necessary, in order to protect the rights and freedoms of others. b. When a state has made an invalid reservation to a human rights treaty, the European Court of Human Rights will sever the reservation from the ratification instrument (and thus treat the reservation as non-existent). c, States can withdraw from the European Convention on Human Rights. © d. Under international law, reservations to treaties are only allowed if the treaty in question expressly allows for reservations to be made. Clear my choice

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