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Human Rights - 2

Description: Human rights - 2
Number of Questions: 15
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Tags: Human rights - 2 Human Rights Law
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The authority to issue writs for the enforcement of Fundamental Rights in India is vested with

  1. all the courts in India

  2. the Supreme Court and the High Court

  3. the human rights commission

  4. the Parliament


Correct Option: B
Explanation:

The authority to issue writs for the enforcement of Fundamental Rights in India is vested with the Supreme Court under Article 32 and with the High Court under Article 226 of the Constiution.

Right to education has been included as a Fundamental Right under which category of rights?

  1. Cultural and educational rights

  2. Right against exploitation

  3. Right to life and personal liberty

  4. Freedom of speech and expression


Correct Option: C
Explanation:

Right to education has been included as a Fundamental Right under Article 21A and under the category of right to life and personal liberty.

In accordance with the provisions of international covenant on economic, social and cultural rights, the states are not obliged to recognise individual rights in which of the following?

  1. To have equal share in means of production

  2. To take part in cultural life

  3. To enjoy the benefits of scientific progress and its application

  4. To have protection of benefits from any scientific, literary or artistic production of which he is the author


Correct Option: A
Explanation:

Under the provisions of international covenant on economic, social and cultural rights, states are not obliged to have equal share in means of production.

Which of the following is immune from the writ of mandamus?

  1. Chief Election Commissioner

  2. Chief Minister

  3. Chief of Armed Forces

  4. Governor of a State


Correct Option: D
Explanation:

In India, writ of mandamus will not lie upon the President and the Governor of a State in their personal capacities.

In which case did the Supreme Court hold that sexual harassment in the workplace is a violation of Articles 15 and 21 of the Constitution and gave directions on the subject to the state to frame guidelines ?

  1. Nisha Priya Bhatia Vs. Union of India

  2. Railway Board Vs. Chandrima Dass

  3. Apparel Export Promotion Council Vs. A. K. Chopra

  4. Vishaka Vs. State of Rajasthan


Correct Option: D
Explanation:

In Vishaka Vs. State of Rajasthan, the Supreme Court held that sexual harassment in the workplace is a violation of Articles 15 and 21 of the Constitution and gave directions on the subject to the state to frame guidelines.

Which of the following statements is true regarding Article 20 of the Universal Declaration of Human Rights?

  1. Everyone has the right to freedom of peaceful assembly and association.

  2. No one may be compelled to belong to an association.

  3. Everyone has the right to equal access to public services in his country.

  4. Both (A) and (B)


Correct Option: A
Explanation:

As regards to Article 20 of the Universal Declaration of Human Rights, everyone has the right to freedom of peaceful assembly and association.

The right to development implicitly supposes that the

  1. state will not interfere in each other’s processes of development

  2. United Nations has nothing to do with the development of a particular state

  3. states will mutually assist each other when external factors impede the effective implementation of rights

  4. states always need external assistance for development


Correct Option: C
Explanation:

Right to development implicitly supposes that the states will mutually assist each other when external factors impede the effective implementation of rights.

“Liberty and right are synonyms. In liberty, the leading idea is the absence of restraints whereas in case of right, protection of it is the predominant consideration." Who said this statement?

  1. Salmond

  2. Bentham

  3. Pound, Roscoe

  4. Austin


Correct Option: D
Explanation:

Austin said, “Liberty and right are synonyms. In liberty, the leading idea is the absence of restraints whereas in case of right, protection of it is the predominant consideration." 

“Now, the law of nature is so unalterable that it cannot be changed even by God himself. For although the power of God is infinite, yet there are some things, to which it does not extend… Thus, two and two must make four, nor is it possible otherwise, nor again, can what is really evil not be evil.” Who said this?

  1. Kant

  2. Hobbes

  3. Hugo Grotius

  4. Thomas Aquinas


Correct Option: C
Explanation:

Hugo Grotius said, “Now, the law of nature is so unalterable that it cannot be changed even by God himself. For although the power of God is infinite, yet there are some things, to which it does not extend… Thus, two and two must make four, nor is it possible otherwise, nor again, can what is really evil not be evil.”

In which case did the Supreme Court observe that “the courts must forever remain alive to the international instruments/conventions and apply the same to a given case where there is no inconsistency between the international norms and the domestic law occupying the field”?

  1. Jolly George Verghese Vs. Bank of Cochin

  2. A. D. M. Jabalpur Vs. Shivakant Shukla

  3. Francis Coralie Mullin Vs. Adm. UT of Delhi

  4. Apparel Export Promotion Council Vs. A. K. Chopra


Correct Option: D
Explanation:

In Apparel Export Promotion Council Vs. A. K. Chopra, the Supreme Court observed that the courts must forever remain alive to the international instruments/conventions and apply the same to a given case where there is no inconsistency between the international norms and the domestic law occupying the field.

“No one shall be subjected to torture or cruel, in human or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation” is stated in which article of the International Covenant of Civil and Political rights?

  1. Article 8

  2. Article 7

  3. Article 6

  4. Article 5


Correct Option: B
Explanation:

Under Aricle 7 of the International Covenant of Civil and Political rights, “No one shall be subjected to torture or cruel, in human or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation".

The United Nations’ activities relevant to Human Rights over the years fall into distinct categories, including

  1. defining and clarifying the rights of individuals (standard settings)

  2. studying particular Human Rights or Human Rights in particular places and recommending measures for their fuller realisation (promotional activities)

  3. providing assistance directly to the victims of Human Rights violations (the humanitarian functions) standard setting, promotional activities and humanitarian functions

  4. All of the above


Correct Option: D
Explanation:

The United Nations’ activities relevant to Human Rights over the years fall into distinct categories that are standard settings, promotional activities and humanitarian functions.

The International Covenant on Economic, Social and Cultural Rights contain

  1. first-generation rights

  2. second-generation rights

  3. third-generation rights

  4. fourth-generation rights


Correct Option: B
Explanation:

Second-generation, “socio-economic” human rights, guarantee equal conditions and treatment.

The observance of Human Rights and implementation of fundamental freedoms is the special concern of the

  1. Secretary General

  2. General Assembly

  3. Security Council

  4. Economic and Social Council


Correct Option: D
Explanation:

The observance of Human Rights and implementation of fundamental freedoms is the special concern of the Economic and Social Council.

The United Nations Charter has been subjected to informal amendments in which of the following ways?

  1. Through the non-implementation or non-application of certain provisions of the Charter
  2. Through the interpretation of the Charter by various organs and members of the United Nations
  3. Through the conclusion of supplementary treaties of agreements
  4. Through the creation of special organs and agencies
  1. 1, 2 and 3

  2. 2 and 3

  3. 3 and 4

  4. 1, 2, 3 and 4


Correct Option: D
Explanation:

1, 2, 3 and 4 are correct.

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