İNSAN HAKLARI - Deneme Sınavı - 1

Following the entry into force of the American Convention on Human Rights, the Inter-American Court of Human Rights was established as foreseen by the Convention (Opitz, 2002, 210). The Court consists of seven members (judges) each elected by secret ballot for a duration of six years and may be reelected only once. The judges must be elected “in an individual capacity from among jurists of the highest moral authority and of recognized competence in the field of human rights, who possess the qualifications required for the exercise of the highest judicial functions in conformity with the law of the state of which they are nationals or of the state that proposes them as candidates” (Art. 52). According to the Convention, “no two judges may be nationals of the same state”. A judge elected to replace a judge whose term has not expired yet, has to complete the term of the latter (Art. 54). Only the States Parties to the Convention and the Commission shall have the right to submit a case to the Court. The correct answer is B.

The African Charter of Human and Peoples’ Rights (The African Charter) is the foremost legal instrument when one is determined to elaborate this issue on an African setting. That the Charter stipulates not only human rights but also peoples’ rights is one the most striking of these distinctive features. In addition, the Charter has some regulations on the obligations of persons. The main reason for this rather unusual regulation is the African understanding of human rights which is the backbone of the Charter. The Charter consists of economic, social, cultural rights as well as those civil and political rights. The civil and political rights are to be found between the third and the sixteenth Articles of the Charter. One of the distinctive features of the African Charter is that it has defined some concrete duties for the nationals of the States Parties to itself. Article 27, for example, defines the duty of an individual towards one’s “family and society, the State and other legally recognized communities and the international community”. The correct answer is A.

In 1998 the OAU adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights. The Protocol came into force on 25 January 2004. The Court is composed of 11 Judges, who are expected by the Protocol to have high moral values, high professional recognition and experience. The correct answer is D.

The first actor created for the better execution of the rules available in the African Charter is the so-called Banjul Commission. The Commission consists of 11 members. These members are elected by the African Union Assembly. The Assembly considers equitable geographical and gender representation in electing the members of the Commission. The correct answer is B.