International Human Rights Law Exam
Questions And Answers34
167 - ANSWERS ICCPR state parties as of May 2012
similarities between ICCPR and UDHR - ANSWERS -each instrument aspires to universality
-many rights declared in the ICCPR closely resemble provisions of UDHR
-characterized by individual rights
-give rights to individuals; duties to states
-both refer to families as the "natural and fundamental group unit of society."
Human Rights Committee - ANSWERS treaty body created by ICCPR
differences between UDHR and ICCPR - ANSWERS -ICCPR binds state parties in accordance with
its terms; UDHR recommends certain action to states
-UDHR doesn't create a treaty body; ICCPR creates Human Rights Committee
-Article 17 of UDHR gives right to property and protection from arbitrary deprivation thereof;
property right NOT in ICCPR
-UDHR says everyone has right to effective remedy; ICCPR Article 2 parties agree to ensure that
this right will be respected and to adopt any necessary measures to achieve that goal
significant right missing from ICCPR - ANSWERS right to own property and to be free from
arbitrary deprivation of property by state
state parties couldn't agree on how to interpret it
limiting provisions of ICCPR - ANSWERS Article 4 derogation clause
,Articles 18, 19, 21, 22, and 29(2)
Article 4 ICCPR - ANSWERS 1. can derogate from certain rights in times of public emergency
2. but can't derogate from article 6 (right to life), 7 (no one shall be subjected to torture or other
cruel/inhuman punishment), 8(1 and 2) (no slavery), 11 (can't be imprisoned for breaching k),
15 (can't be imprisoned for any act that didn't constitute a criminal offense), 16 (right to
recognition as a person before the law), and 18 (freedom of thought, conscience, and religion)
five categories of rights in ICCPR (excluding distinctive provisions like article 1 and article 27) -
ANSWERS 1. protection of the individual's physical integrity, as in provisions on torture, abitrary
arrest, and arbitrary deprivation of life
2. procedural fairness when government deprives an individual of liberty, as in provisions on
arrest, trial procedure, and conditions of imprisonment
3. equal protection norms defined in racial, religious, gender, and other terms
4. freedoms of belief, speech and association, such as provisions on political advocacy, the
practice of relgiion, press freedom, and the right to hold an assembly and form oassocations
5. right to political participation
Can a state that as ratified or acceded to ICCPR denounce or withdraw from it? - ANSWERS NO
Human Rights Committee Gen Comment 26
the rights guaranteed by ICCPR belong to citizens of state parties and endure regardless of
governmental changes
jus cogens - ANSWERS peremptory norms that may not be derogated from
those banning genocide, slavery, racial discrimination, and forcible denial of self-determination
those banning torture, right to life, access to justice, right to be free from arbitrary arrest, ban
on refoulment, prohibition of collective penalties, and principle of personal responsibility in
criminal matters
,189 - ANSWERS CEDAW State parties as of today
Year CEDAW was enacted - ANSWERS 1967
opened for signature in 1980
signed by USA July 1980
CEDAW Article 18 - ANSWERS requires state parties to submit periodic reports on measures
which they have adopted to give effect to CEDAW's provisions
UN States that haven't ratified CEDAW - ANSWERS USA, Iran, Sudan, Somalia, South Sudan,
Tonga, and Palua haven't signed
CEDAW Part 1 - ANSWERS Articles 1-6
1: Discrimination
2: Policy Measures
3: Guarantee of Basic HR and FF
4: Special Measures
5. Sex Role Stereotyping and Prejudice
6. Prostitution (state parties shall take all appropriate measures to all forms of traffic in women
and exploitation of prostitution of women)
CEDAW Part 2 - ANSWERS Articles 7-9
7: Political and Public Life
8: Representation
9: Nationality
CEDAW Part 3 - ANSWERS Articles 10-14
, 10: Education
11: Employment
12: Health
13: Economic and Social Benefits
14: Rural Women
CEDAW Part 4 - ANSWERS Articles 15-16
15: Law
16: Marriage and Fam life
CEDAW Part 5 - ANSWERS Articles 17-22
17: Committee on the Elimination of Discrimination Against Women
18: National Reports
19: Reporting Procedure
20: Committee Meetings
21: Committee Reports
22: Role of Specialized Agencies
Part 6 - ANSWERS Articles 23-30
23: Effect on other treaties
24: Commitment of States Parties
25-30: Administration of the Convention
CEDAW Article 1 - ANSWERS three vital characteristics of definition of dicrimination against
women:
(1) article refers to effect as well as purpose--> analyze effect as well as purpose of
governmental enactment
Questions And Answers34
167 - ANSWERS ICCPR state parties as of May 2012
similarities between ICCPR and UDHR - ANSWERS -each instrument aspires to universality
-many rights declared in the ICCPR closely resemble provisions of UDHR
-characterized by individual rights
-give rights to individuals; duties to states
-both refer to families as the "natural and fundamental group unit of society."
Human Rights Committee - ANSWERS treaty body created by ICCPR
differences between UDHR and ICCPR - ANSWERS -ICCPR binds state parties in accordance with
its terms; UDHR recommends certain action to states
-UDHR doesn't create a treaty body; ICCPR creates Human Rights Committee
-Article 17 of UDHR gives right to property and protection from arbitrary deprivation thereof;
property right NOT in ICCPR
-UDHR says everyone has right to effective remedy; ICCPR Article 2 parties agree to ensure that
this right will be respected and to adopt any necessary measures to achieve that goal
significant right missing from ICCPR - ANSWERS right to own property and to be free from
arbitrary deprivation of property by state
state parties couldn't agree on how to interpret it
limiting provisions of ICCPR - ANSWERS Article 4 derogation clause
,Articles 18, 19, 21, 22, and 29(2)
Article 4 ICCPR - ANSWERS 1. can derogate from certain rights in times of public emergency
2. but can't derogate from article 6 (right to life), 7 (no one shall be subjected to torture or other
cruel/inhuman punishment), 8(1 and 2) (no slavery), 11 (can't be imprisoned for breaching k),
15 (can't be imprisoned for any act that didn't constitute a criminal offense), 16 (right to
recognition as a person before the law), and 18 (freedom of thought, conscience, and religion)
five categories of rights in ICCPR (excluding distinctive provisions like article 1 and article 27) -
ANSWERS 1. protection of the individual's physical integrity, as in provisions on torture, abitrary
arrest, and arbitrary deprivation of life
2. procedural fairness when government deprives an individual of liberty, as in provisions on
arrest, trial procedure, and conditions of imprisonment
3. equal protection norms defined in racial, religious, gender, and other terms
4. freedoms of belief, speech and association, such as provisions on political advocacy, the
practice of relgiion, press freedom, and the right to hold an assembly and form oassocations
5. right to political participation
Can a state that as ratified or acceded to ICCPR denounce or withdraw from it? - ANSWERS NO
Human Rights Committee Gen Comment 26
the rights guaranteed by ICCPR belong to citizens of state parties and endure regardless of
governmental changes
jus cogens - ANSWERS peremptory norms that may not be derogated from
those banning genocide, slavery, racial discrimination, and forcible denial of self-determination
those banning torture, right to life, access to justice, right to be free from arbitrary arrest, ban
on refoulment, prohibition of collective penalties, and principle of personal responsibility in
criminal matters
,189 - ANSWERS CEDAW State parties as of today
Year CEDAW was enacted - ANSWERS 1967
opened for signature in 1980
signed by USA July 1980
CEDAW Article 18 - ANSWERS requires state parties to submit periodic reports on measures
which they have adopted to give effect to CEDAW's provisions
UN States that haven't ratified CEDAW - ANSWERS USA, Iran, Sudan, Somalia, South Sudan,
Tonga, and Palua haven't signed
CEDAW Part 1 - ANSWERS Articles 1-6
1: Discrimination
2: Policy Measures
3: Guarantee of Basic HR and FF
4: Special Measures
5. Sex Role Stereotyping and Prejudice
6. Prostitution (state parties shall take all appropriate measures to all forms of traffic in women
and exploitation of prostitution of women)
CEDAW Part 2 - ANSWERS Articles 7-9
7: Political and Public Life
8: Representation
9: Nationality
CEDAW Part 3 - ANSWERS Articles 10-14
, 10: Education
11: Employment
12: Health
13: Economic and Social Benefits
14: Rural Women
CEDAW Part 4 - ANSWERS Articles 15-16
15: Law
16: Marriage and Fam life
CEDAW Part 5 - ANSWERS Articles 17-22
17: Committee on the Elimination of Discrimination Against Women
18: National Reports
19: Reporting Procedure
20: Committee Meetings
21: Committee Reports
22: Role of Specialized Agencies
Part 6 - ANSWERS Articles 23-30
23: Effect on other treaties
24: Commitment of States Parties
25-30: Administration of the Convention
CEDAW Article 1 - ANSWERS three vital characteristics of definition of dicrimination against
women:
(1) article refers to effect as well as purpose--> analyze effect as well as purpose of
governmental enactment
