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LAH372 Topic 2 Example Questions and Answers
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QUESTION 1
• Broadly discuss the role of the UN in relation to the development of
International Human Rights Law (10).
• Note the mark allocation – you cannot regurgitate the entirety of Topic 2 to
answer this question, but your answer needs to be fairly detailed.
• The question is asking you to broadly discuss. This indicates that you should
focus on generalised statements that apply to the UN as a whole, and not go
into detail regarding what the different organs do
• The question is also specifically about the development of Int’l Human Rights
law – not what each organ does – so make sure you focus on the broad
contribution of the UN
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QUESTION 1 MODEL ANSWER
• Significant advances have been made since World War II in expanding the
normative reach of international human rights law (1).
• However, in the last two decades attention has shifted to the implementation of
human rights norms (1), the development of more secure safety nets (1), and to a
critical appraisal of the impact of the norms (1).
• In an attempt to reduce international conflict and widespread human rights
violations (1), the UN embraces the principles of development (1), peaceful
settlement of disputes (1), and respect for human rights (1).
• All UN members pledge to 'take joint and separate action' in pursuit of achieving
'universal respect for, and observance of, human rights and fundamental freedoms
without distinction as to race, sex, language, or religion (1).
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QUESTION 2
• In your opinion, is the UN Security Council relevant for the protection of human
rights and has it been effective in protecting human rights globally?
Substantiate your answer.
• This is not an opinion piece despite the fact that your opinion is required
• Your opinion must be based on what you have been taught about the UNSC and you need
to give the concrete facts that you have been taught in your answer
• If your opinion is uninformed and not based on correct information, you will not get marks
• Note that the question has two parts – you must address both the relevance and
effectiveness of the UNSC in relation to human rights
• Take the time to Google recent new articles about resolutions that permanent members
have blocked
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QUESTION 2 MODEL ANSWER - RELEVANCE
• Yes (1), I believe the UNSC is relevant for the protection of human rights (1)
• Although the UN Security Council (UNSC) does not have an explicit mandate to involve itself in human
rights matters (1), its mandate of maintaining 'international peace and security' has been extended to
include human rights-related issues (1).
• In relation to human rights, the Security Council has the authority:
• To consider gross human rights violations that are threats to peace and security under article
39 of the UN Charter and recommend enforcement measures (1);
• To put human rights mandates into peace-keeping operations or to mandate separate human
rights operations (1);
• To establish international criminal tribunals to investigate and prosecute alleged commission of
acts violating international human rights law and international humanitarian law (1).
• Many of the matters that the UNSC considers have human rights dimensions (1), and as can be seen
above there are several important functions it can perform in relation to the protection of human rights
(1).
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QUESTION 2 MODEL ANSWER – EFFECTIVENESS
• Students can argue either way
• However, in my opinion the UNSC is hampered in its effectiveness
by the ideological differences of the permanent members who can
block important resolutions related to human rights (1). For
example, in late 2024, Russia, blocked a UN resolution to end
hostilities in Sudan (1) (
[Link]
-block-un-resolution-to-end-hostilities-in-sudan/
), which has limited the UNSC’s ability to respond appropriately to
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QUESTION 3
• Define the principle of subsidiarity in International Human
Rights Law (6).
• Note the mark allocation
• Focus on the information we have learnt that describes what the
principle of subsidiarity is
• Don’t go into the details of how the principle manifests in various
ways in Int’l Human Rights Law
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QUESTION 3 MODEL ANSWER
• As a system that is subsidiary to the national system (1),
international human rights law does not replace the national law (1),
but coexists with and supplements it (1).
• States are primarily responsible for securing the rights of those
under their jurisdiction in line with international law (1), and
therefore have primacy in determining the precise form in which to
shape the open-ended international norms (1). However, their
discretion to do so is constrained by the minimum threshold of
international law (1).
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QUESTIONS ?
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THANK YOU
ENKOSITHANK YOU
ENKOSI
RE A LEBOGA
RE A LEBOGA
DANKIE
DANKIE