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What would be required for successful direct protection of human right

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What would be required for successful direct protection of human right  [#permalink]

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New post Updated on: 23 Aug 2019, 00:03
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What would be required for successful direct protection of human rights? The authority to command violating parties to do otherwise? The ability to enforce such a command? Overwhelming political pressure directed against human rights violations to the exclusion of other interests? No United Nations human rights body has such authority and power.

The United Nations‘ primary raison d‘etre in the human rights field as acted upon by the Human Rights Committee is long-term. It may be that the sum total of UN activity in this field is supposed to socialize or educate actors into changing their views and policies on human rights over time toward a cosmopolitan human rights standard as defined by United Nations instruments. Conversely one can say that the entirety of UN human rights activity is to dispense or withhold a stamp of legitimacy on member states according to their human rights record. It can be persuasively argued that in some cases a ruling regime lost ground in its struggle for legitimacy in the eyes of important actors because of violations of aforementioned rights. The United Nations‘ definition of human rights probably contributed to the process.

At some point, socialization and manipulation of legitimacy must directly change specific behaviour and must lead to direct protection by some actor. In a few situations this linkage can already be demonstrated. In the case of Filartiga v. Peña Irala in the United States, a federal court held torture to be prohibited by customary international law, using United Nations instruments and actions as part of its reasoning. ―Once a tort can be considered to be in violation of the law of nations, Sec. 1350 allows immediate access to a federal court.… It is now generally accepted by the United States and the vast majority of other member nations of the United Nations that gross violations of human rights are, as a matter of international law, a legitimate concern of the world community.‖ This case opened the possibility of express prosecution of torturers of any nationality who appear in the jurisdiction of the United States. Other courts in the U.S. have also used United Nations instruments and activities as part of their decisions, and other states beyond the U.S. show some influence from UN instruments in their legal and administrative decisions. The 1998 Pinochet extradition case in London, described by Human Rights Watch as a ―wake-up call‖ to tyrants everywhere, was decided on the basis that both Britain and Chile had ratified the United Nations Convention against Torture.

1. According to various points made by the author of the passage, all of the following are ways in which the UN can exert influence over human rights EXCEPT:

A. by persuading member states to change certain laws to avoid human rights violations.
B. by enforcing a UN command to cease any behaviour that does not adhere to UN standards.
C. by recognizing certain countries based on their human rights record.
D. by affecting the legal and political policies of member states.
E. by providing a stamp of legitimacy to some member countries


2. The passage suggests that the author would most likely agree with which of the following statements?
A. The UN has done little to affect the protection and establishment of human rights.
B. Human rights violations should be the primary concern of the UN.
C. International policies can be influenced by UN activities and proclamations.
D. Future human rights court cases may turn to UN policies for assistance.
E. The UN needs to be given military powers


3. The author mentions the case of Filartiga v. Peña Irala primarily in order to:
A. describe United Nations human rights activity that led to direct protection by an actor.
B. demonstrate the dangers of the UN‘s concentration on long-term effects.
C. provide evidence that torture is prohibited by international law.
D. cite a case in which the UN withheld legitimacy from a target state.
E. cite a case wherein UN intervention proved futile


4. Regardless of what the rest of the passage might be arguing, the author‘s principal concern in the first paragraph is most likely to:
A. propose changes that would increase UN effectiveness in enforcing human rights.
B. indicate indirectly the shortfalls of UN human rights activity concerned with short-term change.
C. explain the UN‘s function in the field of human rights by giving examples.
D. describe the major activity of the UN in the field of human rights
E. to praise the policies of the United Nations


Originally posted by siddhans on 14 Jun 2011, 01:47.
Last edited by SajjadAhmad on 23 Aug 2019, 00:03, edited 4 times in total.
Updated - Complete topic (264).
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Re: What would be required for successful direct protection of human right  [#permalink]

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New post 27 Dec 2013, 21:06
The OA should be B, D, A, C

1) The author does not state that the UN has the power to enforce its member states to adhere to its human rights laws.
2) The author states on the last paragraph that UN instruments and activities play a role in member states' court decisions. Moreover, choice D can be inferred from the first sentence of last paragraph. The author gives examples of UN success in the field of human rights (A is out). Choice B is too extreme and the author does not even talk about this point. International policies are not discussed in the passage so C is out. Same for E as the author does not discuss anything about military power.
3) The author cites this case as an example to demonstrate his points on the first two sentences of the last paragraph. E is wrong because futile means ineffective...
4) The author obviously is trying to explain the role of UN in the human right field. The author does not advocate or give one sided argument.

Hope that helps! Open for more discussion :)
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Re: What would be required for successful direct protection of human right  [#permalink]

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New post 23 Nov 2015, 00:05
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Juz2play wrote:
The OA should be B, D, A, C

1) The author does not state that the UN has the power to enforce its member states to adhere to its human rights laws.
2) The author states on the last paragraph that UN instruments and activities play a role in member states' court decisions. Moreover, choice D can be inferred from the first sentence of last paragraph. The author gives examples of UN success in the field of human rights (A is out). Choice B is too extreme and the author does not even talk about this point. International policies are not discussed in the passage so C is out. Same for E as the author does not discuss anything about military power.
3) The author cites this case as an example to demonstrate his points on the first two sentences of the last paragraph. E is wrong because futile means ineffective...
4) The author obviously is trying to explain the role of UN in the human right field. The author does not advocate or give one sided argument.

Hope that helps! Open for more discussion :)


1st is D. B is possible for UN, read 1st para " The ability to enforce such a command? "
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Re: What would be required for successful direct protection of human right  [#permalink]

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New post 16 Dec 2015, 11:59
Don't you think it's is useless to study material where you don't know for sure the correct answer? I mean what can you really learn from it. I think those kind of passages should be deleted after a while.

Spending time on stuff like this is a little frustrating.
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Re: What would be required for successful direct protection of human right  [#permalink]

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New post 23 Jan 2016, 21:55
Here are my answers and my reasoning:

1. According to various points made by the author of the passage, all of the following are ways in which the UN can exert influence over human rights EXCEPT:
B. by enforcing a UN command to cease any behaviour that does not adhere to UN standards.
This choice used too strong words and did not mention in the passage. 4 remaining answer choices were both mentioned in the passage.

2. The passage suggests that the author would most likely agree with which of the following statements?
C. International policies can be influenced by UN activities and proclamations.
"the entirety of UN human rights activity is to dispense or withhold a stamp of legitimacy on member states according to their human rights record." & "Other courts in the U.S. have also used United Nations instruments and activities as part of their decisions, and other states beyond the U.S. show some influence from UN instruments in their legal and administrative decisions."

3. The author mentions the case of Filartiga v. Peña Irala primarily in order to:
A. describe United Nations human rights activity that led to direct protection by an actor.
"directly change specific behaviour and must lead to direct protection by some actor. In a few situations this linkage can already be demonstrated. In the case of Filartiga v. Peña Irala in the United States"

4. Regardless of what the rest of the passage might be arguing, the author‘s principal concern in the first paragraph is most likely to:
C. explain the UN‘s function in the field of human rights by giving examples.
D. describe the major activity of the UN in the field of human rights
I'm confused between two choices, and I think D is the best choice since it covered nearly all of relevant factors.
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Re: What would be required for successful direct protection of human right  [#permalink]

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New post 18 Aug 2018, 03:44
Hi workout

please reformat the passage and add the Timers and OA's

Source for this passage is Aristotle

According to the RC99 PDF, OA's are 1.B 2.D 3.A 4.B
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Re: What would be required for successful direct protection of human right  [#permalink]

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New post 10 Nov 2018, 11:15
1
The passage summary:
1) Question the role of UN in HR field
2) Provide two UN's potential roles in this field
3) Give real life examples that show the results the the two roles brought about


1. According to various points made by the author of the passage, all of the following are ways in which the UN can exert influence over human rights EXCEPT:
A. by persuading member states to change certain laws to avoid human rights violations. "to socialize or educate actors into changing their views and policies on human rights"
B. by enforcing a UN command to cease any behaviour that does not adhere to UN standards. The ability to enforce such a command? <...> No United Nations human rights body has such authority and power. - correct
C. by recognizing certain countries based on their human rights record. "to dispense or withhold a stamp of legitimacy on member states according to their human rights record."
D. by affecting the legal and political policies of member states. a federal court held torture to be prohibited by customary international law, using United Nations instruments and actions as part of its reasoning. ―Once a tort can be considered to be in violation of the law of nations, Sec. 1350 allows immediate access to a federal court.… It is now generally accepted by the United States and the vast majority of other member nations of the United Nations that gross violations of human rights are, as a matter of international law, a legitimate concern of the world community.
E. by providing a stamp of legitimacy to some member countries "to dispense or withhold a stamp of legitimacy on member states according to their human rights record."

2. The passage suggests that the author would most likely agree with which of the following statements?
A. The UN has done little to affect the protection and establishment of human rights. the last para proves otherwise
B. Human rights violations should be the primary concern of the UN. the author doesn't say that it's not either
C. International policies can be influenced by UN activities and proclamations. rather members states can be influenced
D. Future human rights court cases may turn to UN policies for assistance. the idea found in para 3
E. The UN needs to be given military powers

3. The author mentions the case of Filartiga v. Peña Irala primarily in order to:
A. describe United Nations human rights activity that led to direct protection by an actor. correct: the case basically illustrates that socialization and manipulation of legitimacy can change specific behaviour and lead to direct protection by some actor
B. demonstrate the dangers of the UN‘s concentration on long-term effects.
C. provide evidence that torture is prohibited by international law. the example of torturous case itself serves as evidence to a greater point
D. cite a case in which the UN withheld legitimacy from a target state. the other way around: the US availed itself of UN's instruments
E. cite a case wherein UN intervention proved futile

4. Regardless of what the rest of the passage might be arguing, the author‘s principal concern in the first paragraph is most likely to:
A. propose changes that would increase UN effectiveness in enforcing human rights. there are no propositions even mentioned in 1st para
B. indicate indirectly the shortfalls of UN human rights activity concerned with short-term change. I find this question a bit misleading because this answer choice combines some knowledge that one can find in para 2, i.e. that the UN's goals are long-term orientated. One can infer from para 1 that the UN is fairly powerless in exerting its power over members states. The question claims "regardless of what the rest of the passage might be arguing". So considering the para 1 in isolation, I couldn't come up with something that would address a short-term change
C. explain the UN‘s function in the field of human rights by giving examples. 1st para says that the UN has no authority to directly affect perpetrators of HR
D. describe the major activity of the UN in the field of human rights the opposite is true because the UN has none of the cited powers
E. to praise the policies of the United Nations
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Re: What would be required for successful direct protection of human right   [#permalink] 10 Nov 2018, 11:15
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