HAL.JOIK.218 Human Rights Law

HALJUA42 Human Rights Law / kevät 2021

1. Observe the extract below of the Case Palomo Sánchez and Others v. Spain, no. 28955/06, from 12 September 2011
at the ECtHR:

”This is also the case for freedom of expression, of which the genuine and effective exercie does not depend
merely on the State’s duty not to interfere, but may require positive measures of protection, even in the sphere of relations between individuals. In certain cases, the State must protect the right to freedom of expression, even
against interference by private persons (Adapted).”

Which element of Human Rights Law does the extract above make a reference to? Valitse yksi:

• Human rights are inalienable.
• Positive obligations of States towards human rights.
• The principle of universality of human rights.
• Human rights are indivisible, interdependent and interrelated.

2. Observe the extract below from the case F.G. v. Sweden, § 117, at the ECtHR:

”By virtue of Article 1 of the Convention the primary responsibility for implementing and enforcing
the guaranteed rights and freedoms is laid on the national authorities. The machinery of complaint to
the Court is thus subsidiary to national systems safeguarding human rights.”

Which interpretative principle of International Human Rights Law does the extract above make a reference to?

• Autonomous interpretation.
• Principle of Subsidiarity.
• Principle of Proportionality.
• Margin of appreciation.

3. Choose the correct option(s). A treaty needs to be interpreted…

• in good faith.
• in light of the established meaning of the terms in the treaty.
• in light of the circumstances of its conclusion.
• in its context.

4. Observe the extract below of the case Öcalan v. Turkey, 12 May 2005 (Grand Chamber judgement):

”At the time of the events in question, the Turkish courts had issued seven warrants for the applicant’s
arrest and a wanted notice (red notice) had been circulated by Interpol. He was accused of founding
an armed gang in order to destroy the integrity of the Turkish State and of instigating terrorist acts resulting
in loss of life. In February 1999, in disputed circumstances, he was taken on board an aircraft at Nairobi (Kenya)
airport and arrested by Turkish officials. He was then flown to Turkey. The applicant complained that Turkey
had violated a number of his Convention rights. The Court noted that the applicant had been arrested by
members of the Turkish security forces inside an aircraft registered in Turkey in the international zone of
Nairobi Airport. It was common ground that, directly after being handed over to the Turkish officials by the
Kenyan officials, the applicant had been effectively under Turkish authority.”

Which element under International Human Rights Law does this extract make a reference to?

• Human rights are interdependent and interrelated. This means that different human rights are intrinsically connected and cannot be viewed in isolation from each other. The enjoyment of one right depends on the enjoyment of many other rights and no one right is more important than the rest.
• Extraterritorial jurisdiction of States Parties to the European Convention on Human Rights. A State may
  also be held accountable for violation of the Convention rights and freedoms of persons who are in the
  territory of another State but who are found to be under the former State’s authority and control through
  its agents operating whether lawfully or unlawfully in another State.
• Human rights are universal. Which means that they apply equally to all people in the world, and with
  no time limit. Every individual is entitled to enjoy his or her human rights without distinction of ”race”
  or ethnic background, color, sex, sexual orientation, disability, language, religion, political or other opinion,
  national or social origin, birth or other status.
• Human rights are inalienable. This means that you cannot lose them, because they are linked to the very
  fact of human existence, they are inherent to all human beings. In particular circumstances some –
  though not all – may be suspended or restricted.

5. All statements below about Asylum Seekers are correct, except one. Mark the INCORRECT statement. 

• A person receives refugee status when (s)he is granted asylum.
• States have the primary responsibility for determining the status of asylum seekers.
• An asylum seeker is a person within a State who has applied for recognition as a Refugee,
  and whose application has not yet been processed.
• Every asylum seeker will ultimately be recognized as a refugee.

6. Choose only the statement(s) that is/are correct:

• States bear the primary responsibility to respect and ensure the human rights of their citizens,
  as well as all individuals within their territory as provided for by relevant international law.
• The Principle of Prohibition of threat or use of force in the UN Charter prohibits the threat or
  use of force and calls on all Members to respect the sovereignty, territorial integrity, and political
  independence of other States.
• The principle of self-determination means that all peoples have the right to self-determination.
  By virtue of that right, they freely determine their political status and freely pursue their economic,
  social and cultural development.
• The principle of good faith is based on the premise of mutual recognition of political independence
  among States, mutual co-existence, exercise of formal equality in mutual relations, and the corresponding principle of non-interference in the domestic affairs of other States.

7. The statements below about Trafficking in Persons and Smuggling of migrants are correct, except for one.
Mark the INCORRECT statement.

• ”Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial
  or other material benefit, of the illegal entry of a person into a State Party of which the person is not
  a national or a permanent resident.
• Exploitation in Trafficking in persons’ definition shall include, at a minimum, the exploitation of
  the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery
  or practices similar to slavery, servitude or the removal of organs.
• The consent of a victim of trafficking in persons to the intended exploitation is considered relevant
  in the case-law.
• “Trafficking in persons” shall mean the recruitment, transportation, transfer, harboring or receipt of
  persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud,
  of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of
  payments or benefits to achieve the consent of a person having control over another person,
  for the purpose of exploitation.

8. Choose the correct option.

The margin of appreciation doctrine means that:

• The State has a certain acknowledged level of discretion in relation to its legislation and practices
  in different areas of human rights.
• The state may develop evolutive and dynamic interpretation of Human Rights Law.
• The States need to follow the object and purpose of the European Convention on Human Rights.
• It is of crucial importance that the European Convention on Human Rights is interpreted and
  applied in a manner that renders its rights practical and effective, not theoretical and illusory.

9. Choose one or more statement(s) which correctly describe(s) treaty monitoring.

• It exists in order to observe whether States actually respect the obligations with human rights they have committed to.
• It helps to guarantee effective enforcement of human rights.
• It exists in order to avoid empty promises and to ensure due compliance with
  International Human Rights Law.
• It creates new law in International Human Rights Law.

10. Choose the correct statement(s) about International Humanitarian Law.

• International Humanitarian Law is applicable in armed conflicts only, while International Human
  rights law is applicable at all times.
• International Humanitarian Law aims to spare those who do not participate in the hostilities of war
  (aid workers, health workers). Another aim is to protect those who are no longer participating in
  the hostilities (wounded, prisoners of war).
• International Humanitarian Law is only applicable in international armed conflicts. It is not applicable
  in non-international armed conflicts because those are considered as being submitted to the jurisdiction
  of national law only, due to the principle of State Sovereignty.
• International Humanitarian Law strives to limit and minimize human suffering by limiting the barbarity
  of war.

11. Observe the extract of case Rantsev v. Cyprus and Russia, 7 January 2010, at the European Court of
Human Rights:

”The applicant was the father of a young woman who died in Cyprus where she had gone to work in March 2001.
He complained that the Cypriot police had not done everything possible to protect his daughter from
trafficking while she had been alive and to punish those responsible for her death. He also complained about
the failure of the Russian authorities to investigate his daughter’s trafficking and subsequent death and
to take steps to protect her from the risk of trafficking. The Court held that trafficking itself was prohibited
by Article 4 (prohibition of slavery and forced labor) of the Convention. It concluded that there had been a violation
by Cyprus of its positive obligations arising under Article 4 of the Convention.”

What are States’ positive obligations in Human Rights Law? Give 2 (two) examples of positive obligations
towards the Prohibition of slavery and forced labor and explain them. (max. 10 lines).

12. The Universal Declaration of Human Rights addresses the human rights of all human beings without
any distinction. In the decades since the Declaration has been passed, it has become more and more
obvious that especially vulnerable groups are in need of special protection of their human rights.
Thus, several declarations and conventions of the United Nations have addressed this need for a clearer
articulation of the human rights of special groups, such as the human rights of women; the human rights
of children; the human rights of indigenous people.

Why do some groups require special human rights? Apart from the ones mentioned above,
give another example of an especially vulnerable group and explain their rights. (max. 10 lines).

13. Explain the central aims and principles of International Humanitarian Law. Also, analyze the criticism
towards International Humanitarian Law