Question 1

Which of the following is a collective right?

Accepted Answer

Self-determination is considered a collective right because it pertains to the right of peoples or nations to determine their own political status and to pursue their economic, social, and cultural development. This contrasts with individual rights, which are held by individuals.

Question 2

What is the legal nature of the Universal Declaration of Human Rights?

Accepted Answer

The Universal Declaration of Human Rights is a resolution that was adopted by the United Nations General Assembly in 1948. It is not a treaty, a Security Council resolution, nor part of any national constitution, including the American Constitution.

Question 3

Is the UDHR a binding legal instrument?

Accepted Answer

The Universal Declaration of Human Rights (UDHR) is not a binding legal instrument; it is a declaration adopted by the United Nations General Assembly that outlines a broad range of fundamental human rights and freedoms to which all people are entitled, but it does not have the force of law.

Question 4

Under what circumstances do human rights violations taking place outside the territory of ECHR Member States fall within the remit of the ECHR?

Accepted Answer

Human rights violations outside the territory of ECHR Member States fall within the remit of the ECHR when a member state exercises effective control over the area or individuals in question.

Question 5

What is the rationale for the exhaustion of local remedies in international human rights?

Accepted Answer

The rationale for the exhaustion of local remedies in international human rights law includes both restricting the volume of petitions to international tribunals and building up the judicial capacity of local courts. This principle ensures that states have the first opportunity to address alleged violations of rights and encourages the development of domestic legal systems.

Question 6

Which of the following is not a non-derogable right as per Article 4 of the International Covenant on Civil and Political Rights?

Accepted Answer

The right to a fair trial is not listed as a non-derogable right under Article 4 of the International Covenant on Civil and Political Rights. Non-derogable rights are those rights that cannot be suspended even in times of public emergency. Rights to life, freedoms of thought, and prohibition on torture are considered non-derogable under this covenant.

Question 7

the Minority Schools in Albania case that noted that equality in law precludes discrimination of any kind, was determined by which of the following?

Accepted Answer

The Minority Schools in Albania case was determined by the Permanent Court of International Justice (PCIJ), which is the predecessor to the International Court of Justice (ICJ). This case is significant in the context of international law and minority rights.

Question 8

Which of the following cases determined by the Human Rights Committee does not deal with the protection of minority rights under Article 27 of the ICCPR?

Accepted Answer

The Sawhoyamaxa Indigenous Community case was decided by the Inter-American Court of Human Rights, not the Human Rights Committee, and thus does not deal with Article 27 of the ICCPR which is under the purview of the Human Rights Committee. Cases A, B, and D were indeed decided by the Human Rights Committee and involve the protection of minority rights under Article 27.

Question 9

In which of the following cases the applicant, arrested for drug-trafficking in France, was in police custody severely ill-treated, including being beaten, tortured and raped. the national authorities finally held the police liable. As this process took a significant number of years, the applicant argued that his right to be free from torture had been violated as well as his right to a fair hearing.

Accepted Answer

Selmouni v. France is a landmark case where the European Court of Human Rights found France in violation of Article 3 (prohibition of torture) of the European Convention on Human Rights due to the severe ill-treatment of the applicant by police officers. The case also raised issues regarding the length of the proceedings, touching upon the right to a fair hearing under Article 6 of the Convention.

Question 10

In which of the following cases were the relationship between the ICJ and the Security Council, and the ir separation of powers, considered by the court?

Accepted Answer

The answer of In which of the following cases were...

Question 11

International Bill of Human Rights includes:

Accepted Answer

The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.

Question 12

the United Nations Commission on Human Rights wasreplaced with the UnitedNations Human Rights Council for the enforcement ofinternational human rights law inthe year:

Accepted Answer

The United Nations Human Rights Council was established in 2006 to replace the United Nations Commission on Human Rights for the enforcement of international human rights law.

Question 13

the content of the principle of respect for human rights in international law maybe expressed in which of the following propositions as expounded by G. Tunkin inthe ory of International Law?

Accepted Answer

The principle of respect for human rights in international law, as expounded by G. Tunkin, encompasses all the propositions listed: the duty of states to respect fundamental rights and freedoms of all persons within their territories, the duty to prevent discrimination, and the duty to promote universal respect for human rights and cooperate towards this goal.

Question 14

"Genocide" includes which of the following?

Accepted Answer

All of the options listed (A, B, and C) are considered acts of genocide when committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such. This definition is in accordance with the Convention on the Prevention and Punishment of the Crime of Genocide.

Question 15

Which of the following is not considered as a crime against humanity?

Accepted Answer

Forcibly transferring children of one group to another group is considered a crime of genocide, not a crime against humanity.

Question 16

the jurisdiction of the ICC is "rationetemporis". Thismeans:

Accepted Answer

The term "ratione temporis" refers to the jurisdiction of the International Criminal Court (ICC) being limited to crimes committed after the entry into force of the Rome Statute, which is the treaty that established the ICC. This means the ICC cannot prosecute crimes that occurred before the treaty came into effect on July 1, 2002.

Quiz 4: International Human Rights Law and Jurisdiction