HUMAN RIGHTS QUESTIONS:

1. In which respects the human rights distinguished from other rights?

Inherent in all human beings by virtue of their humanity alone (they do not
have, e.g., to be purchased or to be granted);
• Inalienable (within qualified legal boundaries); and
• Equally applicable to all.

2. Differentiate between Classic’ rights and Social’s rights

‘Classic’ rights are often seen to require the non-intervention of the state (negative
obligation), and ‘social rights’ as requiring active intervention on the part of the
state (positive obligations).

3 .What is the different between ‘basic rights’ and physical integrity rights’?
The difference between ‘basic rights’ and ‘physical integrity rights’
lies in the fact that the former include economic and social rights, but do not
include rights such as protection of privacy and ownership.

4. Explain the following terms:

i) Political rights
ii) Social and economic rights

In general, political rights are those set out in Articles 19 to 21 of the UDHR and

also codified in the ICCPR. They include freedom of expression, freedom of

association and assembly, the right to take part in the government of one’s country,

and the right to vote and stand for election at genuine periodic elections held by

secret ballot (see Articles 18, 19, 21, 22 and 25 of the ICCPR). WHILE The economic and social rights are
listed in Articles 22 to 26 of the UDHR, and

further developed and set out as binding treaty norms in the ICESCR. These rights provide the
conditions necessary for prosperity and wellbeing. Economic

rights refer, for example, to the right to property, the right to work, which one

freely chooses or accepts, the right to a fair wage, a reasonable limitation of

working hours, and trade union rights. Social rights are those rights necessary

for an adequate standard of living, including rights to health, shelter, food, social

care, and the right to education (see Articles 6 to 14 of the ICESCR).

5. What are the fundamental differences between economic, social and cultural rights, and civil and
political rights?

These two categories of rights have been seen as two different concepts and their differences

have been characterised as a dichotomy. According to this view, civil and political

rights are considered to be expressed in very precise language, imposing merely

negative obligations which do not require resources for their implementation,

and which therefore can be applied immediately. On the other hand, economic,

social and cultural rights are considered to be expressed in vague terms, imposing

only positive obligations conditional on the existence of resources and therefore

involving a progressive realisation.

6. ‘All human rights are universal, indivisible and interdependent and interrelated. Discuss

Many international fora have elaborated on the indivisibility and

interdependency of human rights. As stated in the 1993 Vienna Declaration and

Programme of Action: ‘All human rights are universal, indivisible and interdependent and interrelated.
The international community must treat human

rights globally in a fair and equal manner, on the same footing, and with the

same emphasis.’

7. What do you understand by the following terms:

i} Collective rights

ii} Individual rights

iii)Universality of human rights

8. What are the levels of obligation encompass both civil and political rights and economic, social and

cultural rights?
Obligations to respect, obligations to protect and obligation to fulfill.

9. Distinguish between obligation to respect with obligations to fulfill.

10. Define the following terms;

i) Obligations to respect

ii) Obligations to protect

iii) Obligations to fulfill

11. What are the sources of International human rights law?

12. What aspect that distinguishes human rights treaties from other international

Treaties?

One aspect that distinguishes human rights treaties from other international

treaties relates to duties of states parties. Human rights treaties are agreements

between states which grant specific rights to individuals who are not themselves

parties.

13. The terms of an international human rights treaty have an autonomous meaning. Explain

The terms of an international human rights treaty have an autonomous meaning, for

which reason they cannot be made equivalent to the meaning given to them in domestic

law. Furthermore, such human rights treaties are live instruments whose interpretation

must adapt to the evolution of the times and, specifically, to current living conditions.

[...] no provision may be interpreted as restricting the enjoyment or exercise of any

right or freedom recognized by virtue of the laws of any State Party or by virtue of

another convention to which one of the said states is a party.

The logic and importance of the concept of autonomous interpretation was

explained by the European Court of Human Rights in the case of Engel v. The

Netherlands:

14. Mention and explain the international supervisory mechanism for human rights.
The numerous human rights conventions under the framework of the United

Nations and the regional systems in Africa, the Americas and Europe have led to

the creation of a wide range of mechanisms for monitoring compliance with the

standards agreed upon.

There are two distinctive types of supervisory mechanisms:

a) Treaty-based mechanisms: supervisory mechanisms enshrined in legally

binding human rights instruments or conventions. Within the UN framework

these mechanisms are often called ‘treaty bodies’, e.g., the Human Rights

Committee and the Committee on the Rights of the Child. The African

Commission and future Court on Human and Peoples’ Rights, the European

Court of Human Rights and the Inter-American Court and Commission of Human

Rights are also treaty bodies.

b) Non-treaty based mechanisms: supervisory mechanisms not based on

legally binding human rights treaty obligations. Generally, this type of mechanism

is based on the constitution or charter of an intergovernmental human rights

forum, or on decisions taken by the assembly or a representative body of the

forum in question. Under the UN framework, the non-treaty-based mechanisms

are referred to as ‘charter-based’ mechanisms, which include the 1503 procedure

and the country mandates. The European Commission against Racism and

Intolerance under the Council of Europe is also an example of a regional nontreaty

based mechanism.

15. What are the supervisory procedures established in human rights treaties

The various supervisory procedures established in human rights treaties can

be divided into four main groups:

• Reporting procedures

• Inter-state complaint procedure

• Individual complaint procedure

• Inquiries and other procedures

16. What are the principal organs and human rights bodies of African Union?

The African Union is based on the Constitutive Act, which enumerates the nine

principal organs of the AU. They include the Assembly of the Union, the

Executive Council, the Pan-African Parliament, the Court of Justice, the

Commission, the Permanent Representatives Committee, the Economic, Social

and Cultural Council, the Specialised Technical Committees and the Financial

Institutions.

17. In details what do you understand by the term “due process?”

In a broad sense, due process is interpreted here as the right to be treated fairly,

efficiently and effectively by the administration of justice. The rights to due

process place limitations on laws and legal proceedings, in order to guarantee

fundamental fairness and justice. Due process is interpreted here as the rules

administered through courts of justice in accordance with established and

sanctioned legal principles and procedures, and with safeguards for the protection

of individual rights.

18. Mention the four elements of due process.

four elements of due process are discussed: a) quality in terms of

administration of justice; b) quality in terms of protection of the rights of the

parties involved; c) efficiency; and d) effectiveness.

19. “Every individual shall have right to work under equitable and satisfactory conditions, and shall
receive equal pay for equal work.”

Discuss Article 15 of The African Chatter on Human Rights and Peoples Rights in relation to the Labour
Laws in Tanzania. (Case study; judiciary)
Basically the above quoted provision provides for the economic right to an individual in order to ensure
suitable living conditions to the employees which is also among the human being right. It is also provides
for good or better working conditions to the employees because it requires the employers to make sure
that the working environment is conducive to the employees health.

Judiciary in Tanzania as other government institutions has employees and the employer The Registrar
Court of Appeal of Tanzania.

Currently there is mass cry in respect of judiciary on how its perform its required functions. There is no
dispute that some challenges faced the judiciary includes are related to Labour Laws and Judicial
Administration in general.

My discussion in this topic will focus on the said challenges in relation to the Labour Laws of Tanzania,
The right to work, with good working environment and fare remuneration as the human right.

20. “Each Part State shall take effective legislative, administrative, judicial or other measures to
prevent acts of torture in any territory under its jurisdiction”

How far Courts of law in Tanzania take measures to prevent acts of torture for enforcement of its
decision.

Answer; All three government pillars includes the executive, the legislature and the judiciary are obliged
to make sure that all torture acts are prevented in order to abide with the requirement of the protection
of human rights.

However there are some challenges faced the said three government pillars while executing their duties.
To the executive sometimes it is believed that, the executive in some circumstances has to take some
measures, powers or forces which actually are torturing to the people and even violation human rights
for the benefit to the feature.

The discussion here in will based on how Courts of Law in Tanzania consider or take measures to
prevent torture when makes its order when dealing with not only the criminal matters but also civil
disputes.

21. “Each state party shall ensure in its legal system that the victim of an act of torture obtains redress
and has an enforceable right to fair and adequate compensation, including the means for as full
rehabilitation as possible. In the event of death of the victim as a result of an act of torture, his
dependants shall be entitled to compensation.”

Critically discuss the broad impact of custodian sentence imposed to the convict to the victims of crimes.

Answer: There is a stigma that, persons charged with a criminal offences and convicted by a competent
court of law, the only sentence suffice is the custodian sentences which on the basis of Human Rights
Principles is a torture not only to the convict but also to others includes those who are behind the
convicts and the victims to the offences.

This stigma spread even to the judicial officers responsible for imposing sentences includes judges and
magistrates despite the fact that there are some other sentences provided under the laws instead of
custodian or other tortured sentences. Overcrowding of our prisons all over the country which is also
violation of human rights clearly evidenced this.

The above quoted provision clearly provides for the consideration to the victims of the tortured act
includes the act which amount to death are compensated to the full rehabilitation if possible.

My discussion in respect of this topic will consider on how the victims of tortured sentences include the
capita and the custodian sentences for those behinds the convicts and the victims to the crime are
affected and how courts in Tanzania passive tortured sentences.

22. “In all judicial or administrative proceedings affecting a child who is capable of communicating
his/her own views, and opportunity shall be provided for the views of the child to be heard either
directly or through an impartial representative as a party to the proceedings and those views shall be
taken into consideration by relevant authority in accordance with the provisions of appropriate law”

How the Judicial System in Tanzania has achieved in promoting a special treatment to the children in its
administration of juvenile justice.
Answer:

The above quoted provision provides for a child right to be heard in judicial or administrative
proceedings the global agenda now days. In Tanzania there is a law governing the juvenile justice which
also establishes the juvenile courts. However there some laws which infringe the said right include The
Law of Marriage Act which allows a child of 15 years to get married if the parent consent.

My concern in respect of this topic is how the judicial system in Tanzania ensures the juvenile justice in
execution of its function of justice administration which is provided under the Constitution of United
Republic of Tanzania in relation to the principles of natural justice and the human rights global concern
now days.

23. What are the roles of human rights defenders?

Answer: Positive developments in the field of human rights are to a substantial extent the result of the
unrelenting efforts of thousands of individuals who, through their activism, through raising their voice,
through their active membership of NGOs and through their personal courage have defended human
rights and brought the issue to the attention of the world.

24. What are the elements in the right to a fair trial?

Answer?

1) Access to a court or tribunal - Access to a court or tribunal is an implicit requirement of the right to a
fair trial. Without access to a court, the issue of a trial‟s fairness cannot be raised in the first place.

2) Independence - The tribunal must be „independent‟. According to the UN Basic Principles on the
Independence of the Judiciary the following basic requirements are the most crucial: 1) conditions of
service and tenure; 2) manner of appointment and discharge; and 3) degree of stability and logistical
protection against outside pressure and harassment. The problems linked with the independence of
judges are diverse, both in quality and quantity, in different parts of the world, ranging from salary
bargaining schemes to physical disappearances.

The ICCPR, the European Convention and the American Convention expressly require that the tribunal
be „established by law‟. The existence of tribunal should not depend on the discretion of the executive
branch but be based on an enactment by the legislature. Special courts are only tolerated under
exceptional circumstances. 3) Impartiality - The appearance of impartiality is of great importance; there
must be impartiality in the objective sense (which examines whether the judge offered procedural
guarantees sufficient to exclude any legitimate doubt of partiality) as well as the subjective sense.

4) Fair hearing - There must be an equal and reasonable opportunity for all parties to present a case. The
right to a fair hearing depends on many issues, such as the presentation of evidence or the behaviour of
the members of the court, public and press. The availability of competent legal assistance may also be
 crucial for a successful litigation in court. The Human Rights Committee and the European Court have
identified a number of conditions, including the rights to an oral hearing in person, equality of arms (see
text box), adversary proceedings and expeditious proceedings.

5) Public hearing - A public hearing requires oral hearings on the merits of the case held in public, which
members of the public, including press, can attend. Courts must make information about the time and
venue of the oral hearings available to the public and provide adequate facilities, within reasonable
limits, for the attendance of interested members of the public. Judgments are to be made public, with a
few exceptions. The public‟s access to hearings may be restricted in certain narrowly defined
circumstances. The ICCPR and the European Convention set out the grounds on which the press and the
public may be excluded from all or parts of hearings: 1) public morals; 2) public order; 3) juveniles; 4)
protection of the private life of the parties; and 5) where publicity is found to prejudice the interests of
justice. Under Article 8(5) American Convention, the right to a public trial in criminal proceedings may be
suspended only „in so far as necessary to protect the interests of justice‟.

6) Reasonable time - Unlike the ICCPR, the European Convention and the American Convention expressly
require that the hearing takes place „within reasonable time‟. This also implies a decision within a
reasonable time. A delay of justice is often equal to no justice at all. It is especially important for a
person charged with a criminal offence not to remain longer than necessary in a state of uncertainty
about his/her fate. What is reasonable time has been assessed on a case-by-case basis by the Human
Rights Committee and the regional bodies. Elements to be considered include: 1) national legislation; 2)
whether the accused is in custody; 3) the complexity of the case; 4) the conduct of the accused; and 5)
the conduct of the authorities. Trials lasting as long as 10 years have been deemed reasonable, while
others lasting less than one year have been found to be unreasonably delayed.

25. In details what is the difference between absolute, limited and qualified rights?

Answer: Absolute rights. These rights cannot be limited in any way at any time for any reason.
They cannot be reduced or amended. Absolute rights cannot be limited for any reason.

 Limited Rights. These rights come with exceptions. An example is the right to liberty, which can
be lawfully restricted. Lawful arrest is limited rights.
 Qualified Rights. Government interference with these rights is allowed in special
circumstances, and only when necessary in a democratic society. The interference must fulfill a
pressing social need; pursue a legitimate aim; and be proportionate to the aims being pursued.
An example is government restrictions on the right to assembly and association, in order to
calm a riot.
26. With examples critically explain the term qualified rights.

Answer:

Government interference with these rights is allowed in special circumstances, and only when
necessary in a democratic society. The interference must fulfill a pressing social need; pursue a
legitimate aim; and be proportionate to the aims being pursued. An example is government
restrictions on the right to assembly and association, in order to calm a riot.
27. What are the functions of Inter-American commission of human rights?

Answer:

The following are some of the functions of Inter-American commission of human rights.

Functions of the Commission

This is provided for under Article 18 of the Statute and Article 41 of the American Convention.
The Functions are as Follows:

a. to develop an awareness of human rights among the peoples of the Americas;

b. to make recommendations to the governments of the states on the adoption of

progressive measures in favor of human rights in the framework of their legislation,

constitutional provisions and international commitments, as well as appropriate measures to

further observance of those rights;

c. to prepare such studies or reports as it considers advisable for the performance of its

duties;
d. to request that the governments of the states provide it with reports on measures

they adopt in matters of human rights;

e. to respond to inquiries made by any member state through the General Secretariat

of the Organization on matters related to human rights in the state and, within its possibilities,

to provide those states with the advisory services they request;

f. to submit an annual report to the General Assembly of the Organization, in which

due account shall be taken of the legal regime applicable to those States Parties to the

American Convention on Human Rights and of that system applicable to those that are not

Parties.

28. According to the article 44 of the Inter-American commission of human rights, who may lodge cases
before the commission?

Answer:

Article 44 provides that the following may lodge cases:

a. Individuals or groups of individuals

b. Non-governmental entities recognised by member states of the OAS

29. Who may submit a case to the Inter-American Court of human rights?

Answer:

Only state parties and the commission may submit cases to the court
according to Article 61 of the Convention. Technically individuals or NGOs
cannot submit cases to the Court.

30. What is the distinction between absolute rights and non-derogable rights?

Answer:
Non-derogable rights may be either absolute or non-absolute. While non-derogable rights
cannot be suspended, some non-derogable rights provide for limitations in their ordinary
application. For example, the right to freedom of religion in article 18 of the ICCPR is non-
derogable under article 4(2) but may be subject to limitations in accordance with article 18(3).

31. Critically explain with examples the term non-derogable rights.

Aswer:
Non-derogable rights may be either absolute or non-absolute. While non-derogable rights
cannot be suspended, some non-derogable rights provide for limitations in their ordinary
application.

• Non-derogable rights are:

i. right to life (Article 6);

ii. freedom from torture (Article 7);
iii. freedom from slavery (Article 8, paras 1-2);
iv. imprisonment for mere failure to fulfil a contractual obligation (Article
11);
v. prohibition of retrospectivity (Article 15);
vi. right to be recognised as a person before the law (Article 16);
vii. freedom of thought, conscience and religion (Article 18)

32. What are the responsibilities of human rights council?

Answer:

Responsibilities of the Council

Among other functions of the Council, the following are its major Functions:
 a. Promoting universal respect for the protection of all human rights and
fundamental freedoms for all, without distinction of any kind and in a
fair and equal manner.
b. Addressing situations of violations of human rights including gross and
systematic violations, and make recommendations thereon.
c. Promote human rights education and learning; give technical
assistance and capacity building.
d. Giving recommendations to the General Assembly for the further
development of International Law in the Field of Human Rights.
e. Promoting the full implementation of human Rights obligations
undertaken by states and follow up to the goals and commitments
related to the promotion and protection of human rights.

33. What are the special procedures of human rights council?

Answer:

The Special Procedures of the Human Rights Council

The special procedure of the human rights Council are independent human
rights experts with mandates to report and advice on human rights matters.
Special Procedures consist of either an individual called a “special
rapporteur” or “independent expert” or a working group composed of five
members. Each member of a working group is appointed by the council and
is selected from Africa, Asia, Europe, and Latin America and the Caribbean.

34. What are the challenges facing the complaint system

Answer:

Challenges Facing the Complaint systems

1. The fact that the recommendations of the committees are not legally binding
makes implementations difficult since the committees depend on the
 political will of the states. Most times states have to be followed up and
reminded about their obligations to implement the recommendations. Some
states do not obey the interim measures undertaken by the committees.
2. The committees also take such a long time to conclude cases which at times
discourages complainants from filing cases before the committees.
3. There is also a problem of overlapping. Sometimes when it comes to
reporting of human rights situations in states, the cases may concern more
than one committee making it burdensome for states to write the same
report and send it to more than one committee.
4. There is also a problem of manpower. The committee lacks enough
manpower to help fast track the cases filled before the committee.
5. The committee also is challenged by budgetary challenges in that the
amount of money allocated for the committee may not meet the budget set
down by the committee.

35. What are the UN Treaty based mechanism of human rights?

Answer;

The UN Treaty Based Mechanisms of Human Rights

Since the 1970’s the international, complaint mechanisms have strongly advanced. Individuals
or states can bring complaints before various committees that deal with human rights or
violations in general.

The UN treaty body committees include:

1. The Committee on Human Rights (reviews implementation of the International

Covenant on Civil and Political Rights)(1966) AND Optional Protocol one and two
2. The Committee on Economic, Social and Cultural Rights (reviews implementation of the
International Covenant on Economic, Social and Cultural Rights)(1966)
 3. The Committee on the Elimination of Racial Discrimination (reviews implementation of
the International Convention on the Elimination of Racial Discrimination(1966)
4. The Committee on the Elimination of All Forms of Discrimination Against Women
(reviews implementation of the International Convention of the Elimination of All Forms
of Discrimination Against Women)(1979)
5. The Committee Against Torture (reviews implementation of the International
Convention Against Torture and other Cruel, Inhumane or Degrading Treatment or
Punishment)(1984)
6. The Committee on the Rights of the Child (reviews implementation of the International
Covenant on the Rights of the Child)(1989)
7. The Committee on Migrant Workers (reviews implementation of the International
Convention on the Elimination of Discrimination Against Migrant Workers and All
Members of their Families)(1990)
8. The Committee on the Rights of Persons with Disabilities (reviews implementation of
the International Convention on the Rights of Persons with Disabilities)(2006)

36. How does Inter-American system of human rights protects human rights?

ANSWER:

The System protects human rights through its two organs under Article 33 of
the American Convention of Human Rights:

1. Inter-American Court of Human Rights

2. Inter-American Commission of Human Rights

Both of the above organs decide individual complaints on alleged human

rights violations.
37. What are the functions of the Inter-American Court of Human Rights?

Answer:

Under Article 62(3) the Court can interpret provisions of the conventions and
also receive complaints on violation of the Convention.

Under Article 71 and 72 of the Rules of Procedure of the Court, the Court on
request can interpretation of treaties covering protection of human rights in
American States.

38. Who may submit a case to the Inter-American Court of Human Rights?

Answer:

Only state parties and the commission may submit cases to the court
according to Article 61 of the Convention. Technically individuals or NGOs
cannot submit cases to the Court.

39. What are the jurisdiction of European Court of Human rights?

Answer;

Jurisdiction of the Court

1. Interpretation and application of the Convention and its Protocols.

Article 33- the Court has Jurisdiction to cover all matters concerning the

interpretation and application of the Convention and its Protocols.

2. Advisory jurisdiction.

Article 47 also provides for advisory jurisdiction. When the Committee of

Ministers seeks and its protocols

40. Who may lodge a case to the European Court of Human rights?

Answer:

Under Article 33 and 34, the Court receives both inter-state petitions and

individual petitions. Individual complaints include (complaints from

individuals, Groups of Individuals, and NGOs).

41. What are the procedures of enforcement of the Courts Judgement of

European court of human rights?

Answer:

Enforcement of the Courts Judgement

 Under Art 46(2) the Court’s judgement is enforced by a Committee of

Ministers who supervise the execution of the final judgement.

 If execution of the judgement is hindered by a problem of

interpretation of the judgement, the Committee of Ministers may refer

the judgement back to the Court for interpretation.(Art 46(3))

 If a state part fails or refuses to enforce the decision of the Court, the

Committee of Ministers will issue notices to the party first. If the party

continues to refuse to enforce judgement then the Committee of

Ministers will report the matter to the Court. Art 46(4)

  If the Court finds that state party has failed to fulfil its obligations then

the matter is referred to the Committee of Ministers who will

recommend the measures to be taken against the state. Art 46.5

42. What are the major human rights monitoring enforcement bodies of
the African system of human rights?

Answer;

The major human rights monitoring enforcement bodies include

 The African commission of human rights

 The African committee on the rights and welfare of the child.
 African court of Justice and human rights.

43. What are the purposes and functions of the African commission of
human rights?

Answer:

The purpose and function of the Commission, as set out in Art. 45 of the
Charter, may be divided into three parts: a promotion mandate, a protection
mandate and an interpretation mandate.

44. What are the challenges facing the commission of African human rights
on a matter of reporting mechanism
Answer;

Challenges facing the state reporting mechanism

The challenge facing the commission is that at times states do not send the
reports on time or even totally fail to send reports at all. Moreover, some
states fail to send representatives forcing the commission to at times
examine the reports in the absence of state representation. One of the other
challenges facing the state reporting mechanism is that at

times states send representatives who may not be very competent on

human rights issues facing the country consequently making it difficult for
the commission to have verification on some human rights issues affecting
that particular state.

45. What are the jurisdiction of the African court of human rights?

Answer:

Under Article 28 of the statute, The Court has jurisdiction over all cases
and all legal disputes submitted to it in accordance with the Statute which
relate to:
a) The interpretation and application of the Constitutive Act;
b) The interpretation, application, or validity of other Union Treaties
and all subsidiary legal instruments adopted within the
framework of the Union or the Organization of African Unity;
c) The interpretation and the application of the African Charter, the
Charter on the Rights and Welfare of the Child, the Protocol to
the African Charter on Human and Peoples’ Rights on the Rights
 of Women in Africa, or any other legal instrument relating to
human rights, ratified by the States Parties concerned;
d) Any question of international law;
e) All acts, decisions, regulations and directives of the organs of the
Union;
f) All matters specifically provided for in any other agreements that
States Parties may conclude among themselves or with the
Union and which confer jurisdiction on the Court;
g) The existence of any fact which, if established, would constitute a breach of
an obligation owed to a State Party or to the Union;
h) The nature or extent of the reparation to be made for the breach of an
international obligation.

46. What are the challenges Facing the Implementation of Human rights in Tanzania?

Answer:

1. The requirement that there should be three high court judges in

human rights cases has proved to be a challenge as far as
implementation of human rights is concerned. It has been stated that
convening a panel of three judges is very difficult. In any case, before
the case comes before the judges it must go through one judge who is
supposed to scrutinize the case and make sure that before it comes
before the panel of three judges it is neither frivolous nor vexatious.
This results into a delay of cases.
2. Secondly, the courts sometimes might pass a judgment declaring a
provision of the law to be unconstitutional but the parliament may
never be quick enough to change the said law. Therefore, rights
continue to be violated.
 3. Thirdly, it has been reported that at times the corruption in the courts
makes it difficult for human rights to be implemented. This denies
justice to a number of victims seeking it.

47. How human rights differ from other rights?

Answer
Human rights differ from other rights in two respects. Firstly, are characterized by
being:
• Inherent in all human beings by virtue of their humanity alone (they do not
have, e.g., to be purchased or to be granted);
• Inalienable (within qualified legal boundaries); and
• Equally applicable to all.
Secondly, the main duties deriving from human rights fall on states and their
authorities or agents, not on individuals.

48. What are the specific nature of human rights, as an essential precondition for
human development?

Answer:
The specific nature of human rights, as an essential precondition for human
development, implies that they can have a bearing on relations both between the
individual and the state, and between individuals themselves.

49. What is the primary purpose of human right?

Answer:

The primary purpose of human rights is to establish rules for relations between
the individual and the state, several of these rights can also have implications for
relations among individuals.
50. What do you understand by the term “horizontal effect”?

Answer;
‘Horizontal effect’ implies, among other things, that a government not only has an
obligation to refrain from violating human rights, but also has a duty to protect
the individual from infringements by other individuals. The right to life thus
means that the government must strive to protect people against homicide by
their fellow human beings.

51. Define the term vertical effect of human right.

Answer:

Vertical effect of human rights is the individual-state relationship. This implies

that they can have a bearing on relations both between the individual and the
state, and between individuals themselves.

52. What is the distinction between ‘’Classic right and Social right?

Answer;

‘Classic’ rights are often seen to require the non-intervention of the state
(negative obligation), and ‘social rights’ as requiring active intervention on the
part of the state (positive obligations). In other words, classic rights entail an
obligation for the state to refrain from certain actions, while social rights oblige it
to provide certain guarantees.

53. With examples what do you understand by the term Civil rights?

Answer;
The term ‘civil rights’ is often used with reference to the rights set out in the first
eighteen articles of the UDHR, almost all of which are also set out as binding
treaty norms in the ICCPR. From this group, a further set of ‘physical integrity
rights’ has been identified, which concern the right to life, liberty and security of
the person, and which offer protection from physical violence against the person,
torture and inhuman treatment, arbitrary arrest, detention, exile, slavery and
servitude, interference with one’s privacy and right of ownership, restriction of
one’s freedom of movement, and the freedom of thought, conscience and
religion.

54. With the given examples describe the term political rights

Answer;

In general, political rights are those set out in Articles 19 to 21 of the UDHR and
also codified in the ICCPR. They include freedom of expression, freedom of

association and assembly, the right to take part in the government of one’s
country, and the right to vote and stand for election at genuine periodic elections
held by secret ballot (see Articles 18, 19, 21, 22 and 25 of the ICCPR).

55. With examples what do you understand by the terms economic and social
rights?

Answer;
The economic and social rights are listed in Articles 22 to 26 of the UDHR, and
further developed and set out as binding treaty norms in the ICESCR. These rights
provide the conditions necessary for prosperity and wellbeing. Economic rights
refer, for example, to the right to property, the right to work, which one freely
chooses or accepts, the right to a fair wage, a reasonable limitation of working
hours, and trade union rights. Social rights are those rights necessary for an
adequate standard of living, including rights to health, shelter, food, social care,
and the right to education (see Articles 6 to 14 of the ICESCR).

56. What is the distinction between civil and political rights?

Answer;

The term ‘civil rights’ is often used with reference to the rights set out in the first
eighteen articles of the UDHR, almost all of which are also set out as binding
treaty norms in the ICCPR. From this group, a further set of ‘physical integrity
rights’ has been identified, which concern the right to life, liberty and security of
the person, and which offer protection from physical violence against the person,
torture and inhuman treatment, arbitrary arrest, detention, exile, slavery and
servitude, interference with one’s privacy and right of ownership, restriction of
one’s freedom of movement, and the freedom of thought, conscience and
religion.

WHILE

In general, political rights are those set out in Articles 19 to 21 of the UDHR and
also codified in the ICCPR. They include freedom of expression, freedom of
association and assembly, the right to take part in the government of one’s
country, and the right to vote and stand for election at genuine periodic elections
held by secret ballot (see Articles 18, 19, 21, 22 and 25 of the ICCPR).

57. With the relevance of legal authorities what do you understand by the term
Cultural rights?

Answer;
The UDHR lists cultural rights in Articles 27 and 28: the right to participate freely
in the cultural life of the community, to share in scientific advancement, and the
right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which one is the author (see also Article
15 of the ICESCR and Article 27 of the ICCPR).

58. Differentiate cultural right from civil rights?

Answer
The UDHR lists cultural rights in Articles 27 and 28: the right to participate freely
in the cultural life of the community, to share in scientific advancement, and the
right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which one is the author (see also Article
15 of the ICESCR and Article 27 of the ICCPR).

WHILE

The term ‘civil rights’ is often used with reference to the rights set out in the first
eighteen articles of the UDHR, almost all of which are also set out as binding
treaty norms in the ICCPR. From this group, a further set of ‘physical integrity
rights’ has been identified, which concern the right to life, liberty and security of
the person, and which offer protection from physical violence against the person,
torture and inhuman treatment, arbitrary arrest, detention, exile, slavery and
servitude, interference with one’s privacy and right of ownership, restriction of
one’s freedom of movement, and the freedom of thought, conscience and
religion.

59. What do you understand by the following terms;

(a) Cultural rights

(b) Civil rights

(c) Political rights

Answer;

(a) Cultural rights

The UDHR lists cultural rights in Articles 27 and 28: the right to participate freely
in the cultural life of the community, to share in scientific advancement, and the
right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which one is the author (see also Article
15 of the ICESCR and Article 27 of the ICCPR).
(b) Civil rights

The term ‘civil rights’ is often used with reference to the rights set out in the first
eighteen articles of the UDHR, almost all of which are also set out as binding
treaty norms in the ICCPR. From this group, a further set of ‘physical integrity
rights’ has been identified, which concern the right to life, liberty and security of
the person, and which offer protection from physical violence against the person,
torture and inhuman treatment, arbitrary arrest, detention, exile, slavery and
servitude, interference with one’s privacy and right of ownership, restriction of
one’s freedom of movement, and the freedom of thought, conscience and
religion.

(c) Political rights

In general, political rights are those set out in Articles 19 to 21 of the UDHR and
also codified in the ICCPR. They include freedom of expression, freedom of
association and assembly, the right to take part in the government of one’s
country, and the right to vote and stand for election at genuine periodic elections
held by secret ballot (see Articles 18, 19, 21, 22 and 25 of the ICCPR).

60. What do you understand by the following terms?

(a) Fundamental rights
(b) Basic rights

Answer;

(a) Fundamental rights

Fundamental rights are taken to mean rights as the right to life and the
inviolability of the person.

(b) Basic right

Basic rights’, which should be given absolute priority in national and international
policy. These include all the rights which concern people’s primary material and
non-material needs.

61. In details, describe the philosophical development of human rights.

Answer;

Here student should describe the founders of international law as well as human rights in general such
as Francisco Suarez (1548 – 1617), Thomas Hobbes (1588 – 1679),
John Locke (1632 – 1704)

62. What are the principals of the first generation of human rights?

Answer;

. The first generation of human rights are based on principles of

individualism and non-interference

62. State the periodization of the first generation of human rights and which
rights it incudes.

Answer

The first Generation of human rights started around 17 th to 18th Century.

These rights basically include civil and political rights.

63. State the periodization of the second generation of human rights

Answer;

The second generation of human rights started around the middle of the 20 th
century. These rights were majorly recognized after the Second World War.
 64. Which human rights are most considered in a second generation of
human rights?

Answer;

This class of human rights ensures that members of the society are given the
same treatment and opportunities. The rights are basically based on social
justice and public obligation.

65. State the periodization of the third generation of human rights and which
aspects were considered?

Answer;

These rights became recognized 1970’s and 1980’s. These rights are
sometimes known as solidarity rights and require government action in order
for them to be realized.

66. Mention some examples of third generation of human rights.

Answer;

These are some examples of the third generation of human rights;

These include

a. The right to self determination

b. The right to economic and social development
c. The right to a healthy environment
d. The right to natural resources
e. The right to communicate
f. The right to participate in cultural heritage
g. The right to intergeneration equity and sustainability.
 67. What are the rights considered in the first generation of human rights?

Answer;

The rights which were considered in the first generation of human rights
include,

a. The right to life

b. The right to property
c. The right to be seen as equal before the law
d. The right to receive a fair hearing
e. Right to privacy
f. The right to marry and a found a family
g. The right to freedom of belief and religion
h. The right of freedom of speech and opinion
i. The right to peaceful assembly and association
j. The right to be free from torture

68. What are the rights considered in the second generation of human rights
around the middle of 20th century?

Answer;

The rights considered in the second generation of human rights are as

follows;

a. The right to gender equality

b. The right to work
c. The right to social security
d. The right to education
e. The right to an adequate standard of living
f. The right to medical care
g. The right to food
h. The right to just and favorable conditions of work

69. Briefly give the historical background of United Nations system of human
rights

Answer;

In 1899 over 25 countries met to codify the laws of war. Instruments for
peaceful settlement of crisis and prevention of war were formulated. This
became the basis from the formulation of the League of Nations.

In 1919, the League of Nations was formed at the treaty of Versailles. The
League was formed to promote international peace and cooperation.
Member states agreed not to go to war without attempting to resolve their
differences on a friendly ground.

The most important function of the UN is to protect, promote, and prevent

the violation of human rights all over the world. The UN charter indicates
that individuals have an inherent dignity and that all individuals have equal
and inalienable rights.

70. What are the UN bodies that protect human rights?

Answer;

The UN has bodies that protect human rights, these include the General
Assembly, the UN human rights Council, charter based, and treaty-based
bodies.

71. What do you understand by the term ‘’ Universal jurisdiction’’?

Answer;
Universal jurisdiction means the capacity of a state to punish conduct
irrespective of where the crime or violation occurred and irrespective of the
nationality of both the perpetrator and the victim. During the discussion of
the Rome Statute, members suggested that the ICC should have universal
jurisdiction but many states like the US rejected the idea and matter was
abandoned.
72. Describe the temporal jurisdiction of International Criminal Court
Answer;
Under article 24 of the statute, the crime to be prosecuted should also have
happened after the establishment of the court i.e. after 1 st July 2002. The ICC
does not have Jurisdiction over cases or crimes committed before the
establishment of the Court (i.e before the 1 July 2002).
73. What are the subjects matter jurisdiction of international criminal court?
Answer,

Under article 5 of the statute, the court has jurisdiction over the following
categories of crime

(a) The crime of genocide;

(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.

74. Is it possible for international criminal court to prosecute governments,

political parties, corporation or rebel movements?

Answer;
 The ICC has jurisdiction over individuals/natural persons who commit crimes
falling under the jurisdiction of the court under article 25 of the Rome
statute. The ICC cannot prosecute governments, corporations, political
parties or rebel movements but can investigate and prosecute individuals
who are members of the groups.

75. What do you understand by the term ‘’principle of complementarity’’ of

the international criminal court?

Answer;

Article 1 of the Rome statute states that the ICC complements the national
courts meaning the ICC can only investigate and prosecute violations where
the national courts have failed or are unable to investigate and prosecute.

76. Under which circumstances a national is unwilling to prosecute .

Answer;

Under article 17(2) (a-c) a national is unwilling to prosecute where:

1. Where proceedings or a decision has been made to shield the accused from
prosecution. This can be seen in the case of Uganda where an amnesty Act
was enacted pardoning all the crimes committed by the former rebels apart
from the top officials.
2. Where there has been unjustifiable delay in judicial proceedings in the
prosecution of the accused.
3. Where the proceedings are not independent or are not impartial which
eventually would not lead to justice. This was seen in the case of Sudan
where prisoners of war were prosecuted for war crimes committed without
following proper legal procedures.

77. Mention three ways in which complaints may be lodged before the
international criminal court.
Answer;

There are three ways in which complaints may be lodged before the court.
These are through the prosecutor, through a state and through the UNSC.

78. What are the Issues Considered for Admissibility of Cases by the
International Criminal Court?

Answer;

1. The state should have ratified the Rome Statute. Under article 4(2), it
is provided that The Court may exercise its functions and powers, as
provided in this Statute, on the territory of any State Party and, by
special agreement, on the territory of any other State. Also under
article, 12(2) A State which becomes a Party to this Statute thereby
accepts the jurisdiction of the Court with respect to the crimes referred
to in article 5.
2. The court also has jurisdiction under article 5 to try the following
crimes:
a. The crime of genocide;
b. Crimes against humanity;
c. War crimes;
d. The crime of aggression.
3. Under Article 17, the state must be unwilling or unable to prosecute
before a case can become admissible before the ICC.
4. The case will not become admissible before the ICC if it involves an
accused below the age of 18 years. Article 26 of the statute states that
the Court shall have no jurisdiction over any person who was under the
age of 18 at the time of the alleged commission of a crime.
5. The Case only becomes admissible before the ICC if the crime in
question was committed after the establishment of the court that is
after 1st July 2002.
6. The Court must determine the gravity of the crimes before the case
can be considered admissible. In considering gravity, the court must
consider the scale, nature, manner and the impact of the crimes. For
instance, Sudanese rebels Abdallah Banda, Anakaer Nourain and Saleh
Mohammed Jerbo Jamus were charged by the ICC for killing 12 African
Union peace keepers in 2007. Although this was a small number of
peace keepers killed, the court found that the crime was an attack on
millions of civilians the peacekeepers were sent to protect and
therefore met the test of gravity of the crime. The intention of the
criminal is important in determining the gravity of the crime.

79. Briefly what do you understand by the term Bill of right under
Tanzanian constitution.

Answer;

A bill of rights (B.O.R) is a summary of fundamental rights and privileges

guaranteed to a people against violation by the state. The Constitution of
the United Republic of Tanzania as amended from time to time provides
for basic rights and duties from article 12 – article 29.

80. What are the challenges facing the implementation of human right in
Tanzania?

Answer;

4. The requirement that there should be three high court judges in

human rights cases has proved to be a challenge as far as
implementation of human rights is concerned. It has been stated that
convening a panel of three judges is very difficult. In any case, before
 the case comes before the judges it must go through one judge who is
supposed to scrutinize the case and make sure that before it comes
before the panel of three judges it is neither frivolous nor vexatious.
This results into a delay of cases.
5. Secondly, the courts sometimes might pass a judgment declaring a
provision of the law to be unconstitutional but the parliament may
never be quick enough to change the said law. Therefore, rights
continue to be violated.
6. Thirdly, it has been reported that at times the corruption in the courts
makes it difficult for human rights to be implemented. This denies
justice to a number of victims seeking it.

81. Why human rights are considered to be inherent?

Answer;

Inherent because human rights are acquired naturally meaning that

everyone acquires human rights at birth. (they do not have, e.g., to be
purchased or to be granted).

82. What do you understand by the phrase “human rights are indivisible”?

Answer;

A human rights are indivisible means all rights are equal in status and cannot
be positioned in a hierarchical order. Denial of one right eventually impedes
the full enjoyment of another right. One right cannot be enjoyed at the
expense of another right. For instance denying one the right to liberty means
all the other rights will be affected.

83. In which sense when a human rights considered to be interdependent

and interrelated?
Answer;

The human rights considered to be interdependent and interrelated that

means the fulfilment of one right wholly or partially depends on the
fulfilment of another right. Each right plays a great part in the realization of
another right. The right to life may for instance depend on the right to
health.

84. What do you understand by the term civil liberties in a human rights?

Answer;

Civil liberties refer primarily to those human rights which are laid down in the
United States Constitution: freedom of religion, freedom of the press, freedom of
expression, freedom of association and assembly, protection against interference
with one’s privacy, protection against torture, the right to a fair trial, and the rights
of workers.

85. What is the distinction between individual and collective rights?

Answer;

Although the fundamental purpose of human rights is the protection and

development of the individual (individual rights), some of these rights are
exercised by people in groups (collective rights). Freedom of association and
assembly, freedom of religion and, more especially, the freedom to form or join a
trade union, fall into this category.

86. In details explain the principle of universality of human rights.

Answer;
‘The Universal Declaration of Human Rights states a common understanding of
the peoples of the world concerning the inalienable and inviolable rights of all
members of the human family and constitutes an obligation for the members of the
international community.’ The Vienna document itself states that the universal
nature of human rights is ‘beyond question’. It also says: ‘all human rights are
universal’; adding, however, that ‘the significance of national and regional
particularities and various historical, cultural and religious backgrounds must be
borne in mind’.

87. How human rights collaborate with the domestic affairs?

Answer;

The traditional (broad) interpretation of the principle of national sovereignty has

thus been limited in two crucial, and related, respects. Firstly, how a state treats its
own subjects is nowadays considered a legitimate concern of the international
community. Secondly, there are now superior international standards, established
by common consent, which may be used for appraising domestic laws, and the
actual conduct of sovereign states within their own territories, and in the exercise
of their internal jurisdiction.

88. How the distinction between interference and intervention of human rights is
relevant.

Answer;

The distinction between interference and intervention is relevant: the fact that the
principle of non-interference does not apply to human rights questions does not
mean that states may react to human rights violations by making use of military
means. This could amount to a violation of the prohibition of use of force, as laid
down in the UN Charter (Article 2(4)). Some human rights experts claim that the
United Nations Security Council should decide that a certain human rights
situation poses a threat to international peace and security and on the basis of that
decision authorize military action for humanitarian purposes, undertaken under the
auspices of the UN.

89. What are the sources of international human rights law?

Answer;

These are:
a) International conventions, whether general or particular;
b) International custom, as evidence of general practice accepted as law;
c) The general principles of law recognized by civilized nations;
d) Subsidiary means for the determination of rules of law such as judicial decisions
and teachings of the most highly qualified publicists.

90. In details explain how international convention termed as a source of law?

Answer;

International treaties are contracts signed between states. They are legally binding
and impose mutual obligations on the states that are party to any particular treaty
(states parties). The main particularity of human rights treaties is that they impose
obligations on states about the manner in which they treat all individuals within
their jurisdiction.