Chapter 1 Guidance on answering the self-test questions

Human rights: the idea and the law

1. What is the difference between civil rights, political rights, and ‘third generation’ rights?

Civil rights – the rights on which all may equally pursue their personal interests.

Political rights – the rights which entitle people to participate in public affairs – e.g. the right to vote.

Third generation – an informal phrase given to a wide range of rights, beyond civil and political rights, which extend to matters such as a clean environment and to economic and social development.

2. What is the difference between ‘absolute’ rights and ‘qualified’ rights?

Absolute rights are identified without any account being taken of the rights of others or of any social benefit that accrue if the right was denied; qualified rights, on the contrary, can be interfered with in order to protect the rights of others or social benefits.

3. Given the UN Declaration of Human Rights, why was it necessary to get states to agree to the International Covenant on Civil and Political Rights?

Because the UNDHR was thought to be a declaration of intention rather than a treaty binding on states in international law (although it does have persuasive legal authority). The ICCPR imposes legal obligations on the signatory states.

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