LCP4807 – INTERNATIONAL HUMAN RIGHTS LAW
(UNISA) / ACTUAL EXAM QUESTIONS AND 100% VERIFIED
ANSWERS WITH RATIONALES LATEST | DISTINCTION
Question 1
A newly independent state argues that international human rights treaties
undermine its sovereign authority to regulate domestic affairs. Which historical
development most directly weakens this claim?
A. The Peace of Westphalia
B. The rise of customary international law in trade
C. The post-World War II recognition of individuals as subjects of international
law
D. The principle of diplomatic protection
Correct Answer: C
Rationale:
The post–World War II human rights framework recognized individuals as holders
of international rights, fundamentally limiting absolute sovereignty. Instruments
such as the United Nations human rights system reframed sovereignty as
conditional upon respect for human dignity.
Question 2
A state ratifies the ICCPR but claims it cannot be held accountable for violations
occurring within its territory because enforcement mechanisms are non-coercive.
Which principle most directly contradicts this position?
A. Margin of appreciation
B. Pacta sunt servanda
C. Exhaustion of local remedies
D. State immunity
Correct Answer: B
,Rationale:
The principle of pacta sunt servanda requires states to perform treaty obligations
in good faith. Ratification of the International Covenant on Civil and Political
Rights creates binding legal obligations regardless of enforcement strength.
Question 3
Which feature best distinguishes the African human rights system from its
European counterpart regarding subsidiarity?
A. Automatic jurisdiction of the regional court
B. Greater emphasis on collective rights
C. Absence of individual complaint mechanisms
D. Direct enforcement powers over states
Correct Answer: B
Rationale:
The African system integrates collective and peoples’ rights under the African
Charter on Human and Peoples' Rights, shaping how subsidiarity operates by
balancing community interests with individual protections.
Question 4
An NGO seeks to bring a case directly before the African Court on Human and
Peoples’ Rights against a member state. Which requirement is essential for the
Court to exercise jurisdiction?
A. Ratification of the African Charter only
B. A declaration under Article 34(6) by the respondent state
C. Approval from the African Commission
D. Exhaustion of all UN mechanisms
Correct Answer: B
,Rationale:
Direct access by individuals and NGOs to the African Court on Human and
Peoples' Rights requires the respondent state to have made a specific Article 34(6)
declaration accepting such jurisdiction.
Question 5
A complainant files a communication alleging torture without pursuing any
domestic remedies. Which admissibility rule is most likely to bar the claim?
A. Non-retroactivity
B. Subsidiarity
C. Complementarity
D. Sovereign equality
Correct Answer: B
Rationale:
Subsidiarity requires domestic remedies to be exhausted before international
adjudication, reinforcing the primary role of national systems in protecting rights.
Question 6
Which document first articulated a universal, non-binding catalogue of human
rights applicable to all persons?
A. ICCPR
B. ICESCR
C. African Charter
D. Universal Declaration of Human Rights
Correct Answer: D
Rationale:
The Universal Declaration of Human Rights established a universal normative
foundation for human rights, later informing binding treaties.
, Question 7
A state claims that economic constraints excuse its failure to provide adequate
housing. Which treaty principle best addresses this argument?
A. Immediate obligation
B. Progressive realization
C. Non-derogability
D. Territorial application
Correct Answer: B
Rationale:
The International Covenant on Economic, Social and Cultural Rights allows for
progressive realization, acknowledging resource constraints while still imposing
concrete obligations.
Question 8
Which body monitors state compliance with the ICCPR through periodic reporting
and individual communications?
A. International Court of Justice
B. UN General Assembly
C. UN Human Rights Committee
D. African Commission
Correct Answer: C
Rationale:
The UN Human Rights Committee oversees ICCPR implementation and issues
authoritative views on alleged violations.
(UNISA) / ACTUAL EXAM QUESTIONS AND 100% VERIFIED
ANSWERS WITH RATIONALES LATEST | DISTINCTION
Question 1
A newly independent state argues that international human rights treaties
undermine its sovereign authority to regulate domestic affairs. Which historical
development most directly weakens this claim?
A. The Peace of Westphalia
B. The rise of customary international law in trade
C. The post-World War II recognition of individuals as subjects of international
law
D. The principle of diplomatic protection
Correct Answer: C
Rationale:
The post–World War II human rights framework recognized individuals as holders
of international rights, fundamentally limiting absolute sovereignty. Instruments
such as the United Nations human rights system reframed sovereignty as
conditional upon respect for human dignity.
Question 2
A state ratifies the ICCPR but claims it cannot be held accountable for violations
occurring within its territory because enforcement mechanisms are non-coercive.
Which principle most directly contradicts this position?
A. Margin of appreciation
B. Pacta sunt servanda
C. Exhaustion of local remedies
D. State immunity
Correct Answer: B
,Rationale:
The principle of pacta sunt servanda requires states to perform treaty obligations
in good faith. Ratification of the International Covenant on Civil and Political
Rights creates binding legal obligations regardless of enforcement strength.
Question 3
Which feature best distinguishes the African human rights system from its
European counterpart regarding subsidiarity?
A. Automatic jurisdiction of the regional court
B. Greater emphasis on collective rights
C. Absence of individual complaint mechanisms
D. Direct enforcement powers over states
Correct Answer: B
Rationale:
The African system integrates collective and peoples’ rights under the African
Charter on Human and Peoples' Rights, shaping how subsidiarity operates by
balancing community interests with individual protections.
Question 4
An NGO seeks to bring a case directly before the African Court on Human and
Peoples’ Rights against a member state. Which requirement is essential for the
Court to exercise jurisdiction?
A. Ratification of the African Charter only
B. A declaration under Article 34(6) by the respondent state
C. Approval from the African Commission
D. Exhaustion of all UN mechanisms
Correct Answer: B
,Rationale:
Direct access by individuals and NGOs to the African Court on Human and
Peoples' Rights requires the respondent state to have made a specific Article 34(6)
declaration accepting such jurisdiction.
Question 5
A complainant files a communication alleging torture without pursuing any
domestic remedies. Which admissibility rule is most likely to bar the claim?
A. Non-retroactivity
B. Subsidiarity
C. Complementarity
D. Sovereign equality
Correct Answer: B
Rationale:
Subsidiarity requires domestic remedies to be exhausted before international
adjudication, reinforcing the primary role of national systems in protecting rights.
Question 6
Which document first articulated a universal, non-binding catalogue of human
rights applicable to all persons?
A. ICCPR
B. ICESCR
C. African Charter
D. Universal Declaration of Human Rights
Correct Answer: D
Rationale:
The Universal Declaration of Human Rights established a universal normative
foundation for human rights, later informing binding treaties.
, Question 7
A state claims that economic constraints excuse its failure to provide adequate
housing. Which treaty principle best addresses this argument?
A. Immediate obligation
B. Progressive realization
C. Non-derogability
D. Territorial application
Correct Answer: B
Rationale:
The International Covenant on Economic, Social and Cultural Rights allows for
progressive realization, acknowledging resource constraints while still imposing
concrete obligations.
Question 8
Which body monitors state compliance with the ICCPR through periodic reporting
and individual communications?
A. International Court of Justice
B. UN General Assembly
C. UN Human Rights Committee
D. African Commission
Correct Answer: C
Rationale:
The UN Human Rights Committee oversees ICCPR implementation and issues
authoritative views on alleged violations.
