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LW431 – Human Rights
Week 9 – Regional Human Rights Systems – A Pacific Mechanism of
Human Rights?
Answer the following questions:
1-Identify and explain the advantages of a regional human rights system.
The regional human rights system The South Pacific countries should develop their own
jurisprudence. This is because when taking into account decision of other countries the
circumstances, can be different which does not suit the present case or the South Pacific. Also
for Pacific countries national or regional jurisprudence will be contextually easier to apply
because the circumstance will be similar. The Pacific Countries have a shared history and
cultures so it will assist on having a regional approach towards protecting and promoting human
rights. The international body is present with its own jurisprudence which can serve as a guiding
principal for the Pacific to derive to its own. The law must resonate with the people it is being
applied to, the circumstances in which matter occurred in England will be different from Tuvalu.
Thus, the ratio in dealing with the matter must be appropriate. Additionally, in the Pacific not
every human right is being violated, there are specific rights which are being infringed upon
which the regional human rights body if created, can look into. The regional body can develop
programs and implement this in the Pacific. Therefore, in my opinion regional/national
jurisprudence is a must which will enhance the Pacific’s commitment towards achieving better
human rights standard. 2-Identify and explain why the European system of human rights is said to be the most successful and effective system? Identify and explain why the African system of human rights is said to be the least successful and effective system?
3-Do we need a regional mechanism of human rights in the Pacific? Do you agree with the
commentators who argue that we should start with a Commission of Human Rights? Why?
4-The previous Pacific Charter of Human Rights was based on the African Charter of Human and Peoples’ Rights. What are the advantages and disadvantages of following such model?
5-What are the principles of subsidiarity and margin of appreciation in European Union Law? How can you relate these to the Pacific?
LW431 – Human Rights
Week 10 – Right to life
Tutorial Activities
Read/Review
▪ Lecture Notes (PowerPoint Slides for Week 10) when available
▪ Required Texts or Readings for Week 10
▪ Audio Recording for Week 10 when available.
Answer the following questions:
1-Determine and explain the obligations of state referred to in these two cases: Akkoc v. Turkey, ECHR, 2000 and Yildirim v. Austria, CEDAW, 2005.
2-Read the case of R. v. Lavalle, (1990) 1S.C.R. 852 (Supreme Court of Canada -
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/599/index.do
) and explain what is the legal issue? Explain what is battered women syndrome. Was the appeal allowed? Why?
3-Research, identify and explain the circumstances in which abortion may be allowed in your country. Is the abortion allowed in the case of rape and/or incest? What does international human rights law say about abortion?
LW331 – Human Rights
Week 11 – Right to Freedom of Expression and Opinion
Tutorial/Discussion Forum Activities
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