İNSAN HAKLARI

In November 1969, this Convention was adopted in San José, Costa Rica, where, the InterAmerican Specialized Conference on Human Rights was held, in which the representatives of the member States of the OAS adopted it. It took a rather long time for this Convention to enter into force. This was only managed in 1978, when a member State deposited the eleventh document of ratification. The Convention is defined as the most important human rights treaty among the American States. It had an undeniable influence received from The European Convention on Human Rights (de Schutter, 27). By means of the Convention, the Inter-American Court of Human Rights was also established. The correct answer is E.

The first actor created for the better execution of the rules available in the African Charter is the socalled 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. Members of the Commission are elected for a six-year term and are eligible for reelection (The Commission Website). Given the delicate nature of their task, the members of the Commission are expected to preserve their independence from their own States. They are expected to discharge their obligations in their personal capacity and not as representatives of their respective countries (Robertson & Merrills, p. 260). As the Commission reminds, “(p)reviously, some members of the Commission held high political offices at the national level, which affects the Commission’s independence. The AU in April 2005 issued a note verbale to member states prescribing guidelines for nomination of members to the Commission which excluded senior civil servants and diplomatic representatives”. The correct answer is A.

The civil and political rights are to be found between the third and the sixteenth Articles of the Charter. Article 3 foresees the equality before the law principle. Article 4 explicitly states that “Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right”, whereas Article 5 stresses the human dignity. Article 5 also prohibits all kinds of exploitation, degrading and inhuman punishments and treatments. Article 6 of the Charter bans arbitrary detention and arrest. Right to fair trial and that ever-significant presumption of innocence are among the rights and freedoms touched upon by the 7th Article of the Charter. Freedom of religion and conscience, right to assembly and right to property are among other classical rights enshrined in the mentioned section of the Charter. Article 8 expressis verbis deals with the freedom of religion and conscience.The correct answer is C.

According to the first Article of the African Charter, States parties thereto pledge to recognize the rights, duties and freedoms set forth therein and undertake to take all measures related to legislation or of other nature, with a view to increasing the effectivity of the Charter (Robertson & Merrills, p. 249). The second Article comes up with a serious non-discrimination clause. According to this Article “(e)very individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.” The correct answer is B.

In the year 1959, steps were taken to establish an Inter-American Human Rights Commission (IACHR). This was followed by the conclusion of the legal arrangements providing a mechanism for the operation of this IACHR in 1960 and thus the IACHR was established. The main objective of the Commission was to promote and protect human rights in the American hemisphere. The correct answer is A.

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 correct answer is C.

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.