ULUSLARARASI KAMU HUKUKU I

The natural law theory led to the natural rights theory, which is most closely associated with the modern concept of human rights. The chief exponent of this theory was John Locke.

Another approach to human rights is legal positivism. Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it. Jeremy Bentham and John Austin were its chief proponents.

The focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society. Answer A, the Marxist approach is the answer.

The sociological approach fails to explain how the rights are interrelated or what the priorities should be; “it does not answer the logical question of how a normative conclusion about rights can be derived empirically from factual premises such as having interests” (Shestack, 1998: 212). Merely cataloguing human demands would not be enough to promote human rights.

The first reference of personal liberties is found in the Magna Carta of 1215 in England. Other notable references prior to the 19th century are the 1776 Virginia Declaration of Rights and the 1789 French Declaration of the Rights of Man and of the Citizen.

It has been the duty of the UN General Assembly to initiate studies and make recommendations for “the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion” (Art. 13).

At the regional level, the following human rights conventions have been adopted by the United Nations:
• the European Convention on Human Rights, 1950,
• the European Social Charter, 1961,
• the American Convention on Human Rights, 1969,
• the African Charter on Human Rights and Peoples’ Rights, 1981,
• the Revised Arab Charter on Human Rights, 2004.
The four Geneva Conventions, 1949; two additional Protocols to these Conventions, 1977; and the Final Act of the Conference on Security and Cooperation in Europe, 1975 (the Helsinki Accords) also contain important provisions on human rights. The Asian Charter on Human Rights and Peoples’ Rights is not among the conventions listed.

In the 1970s, a “third generation” rights emerged with the predominant support of the developing countries. In contrast to the individual’s rights (i.e., the first two generations rights), these are collective or group rights such as the right to development, right to healthy human environment, right to peace, and right to self-determination.

Human rights differ from other rights in two respects. First, human rights are characterized by being:

• Inherent in all human beings by virtue of their being humans;

• Inalienable;

• Equally applicable to all.

Therefore, the correct option is C.

The Universal Declaration of Human Rights, adopted by the General Assembly on December 10, 1948. It defined expressly certain human rights and fundamental freedoms that need to be protected.

Although human rights have been classified in a number of different manners, it is important to note that international human rights law stresses that human rights are universal, indivisible and interrelated. Therefore, the correct option is A.

There are different approaches to human rights: Natural Law Theory, The Marxist Approach, Sociological Approach, Positivism and The Modern Approach. Therefore, the correct option is E.

The natural law theory led to the natural rights theory, which is most closely associated with the modern concept of human rights. The chief exponent of this theory was John Locke. Natural rights theory emphasizes the moral worth of the individual. Therefore, the correct option is A.

The sociological approach identifies the empirical components of a human rights system in the context of the social process. “Its primary contribution has been its emphasis on obtaining a just equilibrium of interests among prevailing moral sentiments and the social and economic conditions of time and place.” Therefore, the correct option is D.

While the focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society, conceiving human rights chiefly in a materialistic frame has been one of its significant weaknesses. Therefore, the correct option is C.

Under this theory, rules of international law are merely rules of positive morality. According to positivists, the individual has no status in international law. Therefore, the correct option is B.

The first reference of personal liberties is found in the Magna Carta of 1215 in England. Therefore, the correct option is A.

The first generation consists of civil and political rights, mainly based on natural rights philosophy of the eighteenth century thinkers such as Locke and Rousseau. The second generation consists of economic, social and cultural rights, which were propagated and recognized after the advent of socialism in the twentieth century. Therefore, the correct option is D.

In the 1970s, a “third generation” rights emerged with the predominant support of the developing countries. In contrast to the individual’s rights (i.e., the first two generations rights), these are collective or  group rights such as the right to development, right to healthy human environment, right to peace, and right to self-determination. Therefore, the correct option is B.

The Human Rights Council is a subsidiary organ of the General Assembly. Unlike the CHR, which was a subsidiary body of the ECOSOC and reporting to the ECOSOC, the Human Rights Council reports to the General Assembly. “The Council is made of 47 Member States, which are elected by the members of the General Assembly of the United Nations through direct and secret ballot. Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The Council’s Membership is based on equitable geographical distribution. Seats are distributed as follows:
• African States: 13 seats
• Asia-Pacific States: 13 seats
• Latin American and Caribbean States: 8 seats
• Western European and other States: 7 seats
• Eastern European States: 6 seats” (www.ohchr.org).