İNSAN HAKLARI - Deneme Sınavı - 13

The cultural relativist arguments are against the existence of any universal values and ethical norms, and they identify human rights as merely and inherently Western (Kao 2011: 11). The first serious charge to universal validity of human rights comes from the “cultural relativism” as a variant of ethical relativism. The cultural relativism denies the possibility of truth and validity of moral norms relativizing all moral judgements about social behavior to each culture’s prevailing belief about them (Kao, 2011, 11). Thus, the correct answer is E

It should be like A

After the Second World War, the United Nations (UN) made the respect for human rights and fundamental freedoms one of the rocks that the new world organization was built upon. Preamble of the Charter speaks of reaffirming the “faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small”.

Special procedures established by the Commission on Human Rights (replaced by the Human Rights Council in 2006) provided a second supervisory mechanism for all members of the UN.

On the other hand, the Secretariat’s relevance was heightened when the position of the High Commissioner for Human Rights was created in 1993 under the Secretariat.

Articles 55 and 56 go under the heading of “International Economic and Social Co- Operation”. Article 55 states that the UN will promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

According to Article 56, all Members promise to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.

General Assembly approved the ECOSOC’s proposal for the Commission on Human Rights to prepare an international bill of rights (GA Res. 43(I), Dec. 11,1946). Universal Declaration was adopted two years later, at 10 December 1948 by the General Assembly with 48 votes and 8 abstentions.

The UN system includes fifteen conventions related to the protection of human rights in total, nine of them as ‘core’. Two of the nine are 1966 International Covenants.

1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families defines the term “migrant worker” as a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national. The Convention is applicable to all migrant workers and members of their families without distinction of any kind such as sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status.

1989 Convention on the Rights of the Child is the most universally ratified human rights convention. It describes child as “every human being below the age of eighteen years”. According to Article 3, in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

UNHCHR was a post created in 1994 fulfilling a long-hoped expectation. General Assembly Resolution 48/141 mandated this position in 1993. The appointment is made by the General Assembly for a four-year term.

The Economic and Social Council (ECOSOC), which was the other main organ beside the General Assembly, entrusted with the promotion of human rights lost most of its relevance when the Commission on Human Rights was abolished in 2006 and a new sub-organ, Human Rights Council was established under the General Assembly. Therefore, the correct option is D.

General Assembly approved the ECOSOC’s proposal for the Commission on Human Rights to prepare an international bill of rights (GA Res. 43(I), Dec. 11,1946). Universal Declaration was adopted two years later, at 10 December 1948 by the General Assembly with 48 votes and 8 abstentions. The abstaining states were Byelorussian SSR, Czechoslovakia, Poland, Saudi Arabia, South Africa, Ukrainian SSR, Yugoslavia, and USSR. Therefore, the correct option is B.

Since General Assembly cannot take binding decisions for the member states, but only recommendations according the Article 10 of the Charter, Declaration is not a binding document. Some of its provisions, for example the reference to a right to asylum, could hardly be said to represent legal rules. On the other hand, some of it constitutes general principles of law. Its greatest significance is that it provides an authoritative guide to the interpretation of the relevant Charter provisions (Brownlie, 1993, 570). Moreover, it propounds the principles upon which binding conventions were based and rights which were going to be provided with binding power. In addition, many rights it presented have become customary international law and binding on all states. It is such an important document that the date it was accepted by the General Assembly is still celebrated as the Human Rights Day all over the world. Therefore, the correct option is C.

Rights covered by the Declaration are mostly of the first generation, namely civil and political rights. Besides them, it covers some second generation economic, social and cultural rights like right to leisure, right to a standard of living, right to education, etc. It was right to own property, which has caused extensive debates and abstention of the Soviet Union and its allies. Therefore, the correct option is A.

These two covenants remain the most comprehensive conventions adopted yet. Both begin with a common article that sets forth the right of self-determination for all peoples. It also includes the right to dispose of their natural resources freely. This common article was the center of a most heated argument. Many Western states also belonging to rich North debated whether the Covenants were a proper place for this right, since individuals use the human rights per se, on the other hand, the right of self-determination is a groups’ right. Nevertheless, majority of the member states were the newly-independent states from colonialism and they argued that if there is no self-determination there would not be human rights as well, since individuals would be deprived of the most basic human need and right. Latter states’ argumentation won this debate and the right of self-determination has taken its place in both covenants. Therefore, the correct option is A.

Rights included in the ICESPR, inter alia: the right to work and to have the opportunity to choose work freely; the right to just and favorable conditions of work including equal pay for equal work, safe working conditions, and equality of opportunity; the right to form and join trade unions; the right to receive social security; the right to an adequate standard of living; the right to education; and the right to participate in cultural life. Therefore, the correct option is D.

Rights included in the ICCPR, inter alia: the right to life and to protection against the arbitrary deprivation of life; freedom from torture or cruel, inhuman, or degrading treatment or punishment; freedom from slavery; the right to liberty and security of person; the prohibition against arbitrary arrest or detention the right to a fair and public trial; the right of detainees to be treated with dignity; the prohibition against imprisonment for debt; freedom of movement and residence including the right to leave any country; protection for aliens lawfully within a state’s territory against arbitrary expulsion; the prohibition against retroactive punishment; the right to recognition as a person before the law and to equality before the law; freedom of thought, conscience, religion, opinion, expression, association, and peaceful assembly; the prohibition of discrimination; the right of minorities to enjoy their own culture. Therefore, the correct option is C.

Economic and Social Council (ECOSOC) is the main organ which had principal responsibility for the work aimed promoting and protecting human rights. The Commission on Human Rights was established under the ECOSOC and member states were chosen by it. Although the Human Rights Council established under the General Assembly, the ECOSOC’s mandate working for the protection of human rights still continues. Therefore, the correct option is E.