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Rules and Theory of Human Rights

The rules and theory of human rights

  • 6 things to know
  • Component 3

Overview

Recall questions on what a human right is, universality, inalienability and interdependence, natural rights and positivist accounts, the post-war international instrument, absolute and qualified rights, derogation, rights as a check on state power, and criticism of universal rights.

What you need to know

Answer each one before you reveal it.

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Key term

What are the defining characteristics of human rights?

Evaluation

How are human rights classified?

Key term

What is a human right?

Key term

What is meant by the interdependence of human rights?

Key term

What is the difference between a natural rights and a positivist account of human rights?

Numbers

Which international instrument first set out human rights after the Second World War?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is a human right?

    Model answer

    An entitlement held by every person simply by virtue of being human, which the state must respect and protect.

  2. 2

    What does it mean to say human rights are universal?

    Model answer

    They belong to everyone everywhere, regardless of nationality, status or the law of the state they live in.

  3. 3

    What does it mean to say human rights are inalienable?

    Model answer

    They cannot be given away or taken from a person, though some may lawfully be restricted in defined circumstances.

  4. 4

    What is meant by the interdependence of human rights?

    Model answer

    The rights support one another, so denying one usually undermines the enjoyment of others.

  5. 5

    What is the difference between a natural rights and a positivist account of human rights?

    Model answer

    A natural rights account grounds them in human nature or reason independently of any legal system; a positivist account holds that a right exists only because a legal instrument creates it.

  6. 6

    Which international instrument first set out human rights after the Second World War?

    Model answer

    The Universal Declaration of Human Rights, adopted by the United Nations in 1948.

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Civil Courts and Other Forms of Dispute Resolution
Criminal Courts and Lay People
Legal Personnel
Access to Justice

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The Council of .
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AThe injury to the claimant's rights is small.
BThe injury is capable of being estimated in money.
CThe injury can be adequately compensated by a small payment.

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Assemble a full-mark answer from its marking points, in the order an examiner wants them.

Royal Assent has not been refused since 1708.
TrueFalse

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