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UGC NET Human Rights & Duties study materials
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UGC NET Human Rights & Duties practice questions

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Question 1Human Rights & Duties (UGC-NET subject paper)

The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on which date?

  1. 26 November 1949
  2. 10 December 1948 Correct answer.
  3. 24 October 1945
  4. 16 December 1966

Explanation

The UDHR was proclaimed by the General Assembly in Paris on 10 December 1948, a date now observed annually as Human Rights Day. It followed the Commission on Human Rights drafting process chaired by Eleanor Roosevelt.

Question 2Human Rights & Duties (UGC-NET subject paper)

Which pair of treaties adopted in 1966 together give legal force to most UDHR rights for states that ratify them?

  1. The Geneva Conventions and their Protocols
  2. The Genocide Convention and the Refugee Convention
  3. The ICCPR and the ICESCR Correct answer.
  4. The CEDAW and the CRC

Explanation

The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both adopted in 1966, translate UDHR principles into binding treaty obligations. Together with the UDHR they are often called the International Bill of Human Rights.

Question 3Human Rights & Duties (UGC-NET subject paper)

Under the ICCPR, which body monitors state compliance and issues concluding observations on periodic reports?

  1. The Office of the High Commissioner for Human Rights
  2. The Human Rights Committee Correct answer.
  3. The International Court of Justice
  4. The Human Rights Council

Explanation

The Human Rights Committee is the treaty body of independent experts established under Part IV of the ICCPR to review state reports and, where applicable, individual communications. It is distinct from the politically constituted Human Rights Council.

Question 4Human Rights & Duties (UGC-NET subject paper)

In the case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court of India held that Parliament's amending power cannot destroy which feature of the Constitution?

  1. The basic structure Correct answer.
  2. The official language policy
  3. The federal division of taxation
  4. The five-year term of the Lok Sabha

Explanation

The Court established the basic structure doctrine, holding that constitutional amendments may not alter the essential framework of the Constitution. Later cases used this doctrine to strike down amendments affecting judicial review and secularism.

Question 5Human Rights & Duties (UGC-NET subject paper)

Article 21A of the Indian Constitution, inserted by the 86th Amendment, guarantees which right?

  1. Right to free and compulsory education for children aged six to fourteen years Correct answer.
  2. Right to maternity benefit for women
  3. Right to information held by public authorities
  4. Right to work in rural areas

Explanation

Article 21A directs the State to provide free and compulsory education to all children between six and fourteen years, and the RTE Act 2009 implements it. It was introduced by the 86th Constitutional Amendment Act of 2002.

Question 6Human Rights & Duties (UGC-NET subject paper)

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the General Assembly in which year?

  1. 1989
  2. 1979 Correct answer.
  3. 1993
  4. 1966

Explanation

CEDAW was adopted in 1979 and entered into force in 1981, earning description as an international bill of rights for women. It obliges states to eliminate discrimination in law, policy and practice.

Question 7Human Rights & Duties (UGC-NET subject paper)

The Vienna Declaration and Programme of Action of 1993 affirmed which principle regarding the nature of human rights?

  1. That economic rights take priority over civil rights
  2. That human rights are the exclusive domestic jurisdiction of states
  3. That treaty obligations may be suspended during economic crisis
  4. That human rights are universal, indivisible, interdependent and interrelated Correct answer.

Explanation

The 1993 World Conference on Human Rights declared that all human rights are universal, indivisible, interdependent and interrelated. This rejected the idea that different categories of rights could be ranked or selectively implemented.

Question 8Human Rights & Duties (UGC-NET subject paper)

Which instrument is the principal regional human rights treaty of the Americas?

  1. The African Charter on Human and Peoples' Rights
  2. The American Convention on Human Rights Correct answer.
  3. The Arab Charter on Human Rights
  4. The European Social Charter

Explanation

The American Convention on Human Rights, adopted in 1969 and in force since 1978, is the core regional treaty of the inter-American system. It establishes the Inter-American Commission and Court of Human Rights.

Question 9Human Rights & Duties (UGC-NET subject paper)

The doctrine of 'margin of appreciation' is most closely associated with which regional human rights system?

  1. The European system under the European Court of Human Rights Correct answer.
  2. The African system under the African Commission
  3. The inter-American system
  4. The ASEAN human rights mechanism

Explanation

The margin of appreciation allows states parties to the ECHR a degree of latitude in interpreting and applying Convention rights, subject to Court supervision. The Court weighs the state's assessment against the seriousness of the interference.

Question 10Human Rights & Duties (UGC-NET subject paper)

A state ratifies the ICESCR but argues that progressive realisation excuses it from any immediate duty. Which obligation under Article 2(1) ICESCR contradicts that claim?

  1. The duty to take steps, individually and through international assistance, to the maximum of available resources Correct answer.
  2. The duty to submit annual budgets to the UN
  3. The duty to criminalise all treaty violations
  4. The duty to hold elections every five years

Explanation

Article 2(1) imposes an immediate obligation to take deliberate, concrete and targeted steps towards realising the rights, using the maximum of available resources. Progressive realisation concerns the pace of full achievement, not permission to do nothing.

Question 11Human Rights & Duties (UGC-NET subject paper)

In Indian constitutional law, a writ of habeas corpus is issued to address which situation?

  1. Unlawful detention of a person Correct answer.
  2. Quashing of a lower court's order by a higher court
  3. Failure of a public authority to perform a statutory duty
  4. Usurpation of a public office by an ineligible person

Explanation

Habeas corpus commands the production of a detained person so the legality of detention can be examined, and release follows if it is unlawful. It is available under Articles 32 and 226 against both state and private detention.

Question 12Human Rights & Duties (UGC-NET subject paper)

The National Human Rights Commission of India was established under which statute?

  1. The Constitution (Forty-second Amendment) Act, 1976
  2. The Protection of Human Rights Act, 1993 Correct answer.
  3. The Human Rights Commission Act, 1998
  4. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Explanation

The Protection of Human Rights Act, 1993 created the NHRC along with State Human Rights Commissions and Human Rights Courts. The Act defines human rights with reference to the Constitution and international covenants.

Question 13Human Rights & Duties (UGC-NET subject paper)

The 'Responsibility to Protect' (R2P) principle, endorsed by the UN General Assembly in 2005, primarily concerns which situation?

  1. Protection of populations from genocide, war crimes, ethnic cleansing and crimes against humanity Correct answer.
  2. Protection of diplomats in host states
  3. Protection of cultural property during trade disputes
  4. Protection of states from treaty withdrawal

Explanation

R2P holds that each state has the primary responsibility to protect its population from four mass-atrocity crimes, with a residual role for the international community through the UN. It was endorsed in the 2005 World Summit Outcome Document.

Question 14Human Rights & Duties (UGC-NET subject paper)

Which of the following best illustrates a 'third generation' solidarity right?

  1. Right to a fair trial
  2. Prohibition of torture
  3. Freedom of expression
  4. Right to development Correct answer.

Explanation

Third generation rights, associated with Karel Vasak's typology, are collective rights such as development, peace and a clean environment. They are held by peoples or groups rather than solely by individuals.

Question 15Human Rights & Duties (UGC-NET subject paper)

Under the Indian Constitution, which Article empowers the Supreme Court to issue writs for the enforcement of fundamental rights?

  1. Article 131
  2. Article 32 Correct answer.
  3. Article 226
  4. Article 143

Explanation

Article 32 confers on the Supreme Court the power to issue writs and is itself a fundamental right, described by Dr Ambedkar as the heart and soul of the Constitution. Article 226 gives a similar but broader power to High Courts.

Question 16Human Rights & Duties (UGC-NET subject paper)

A state party to the ICCPR wishes to allow individuals to petition the Human Rights Committee after exhausting domestic remedies. Which instrument must it ratify?

  1. The Vienna Convention on the Law of Treaties
  2. The Second Optional Protocol to the ICCPR
  3. The Optional Protocol to the ICESCR
  4. The First Optional Protocol to the ICCPR Correct answer.

Explanation

The First Optional Protocol establishes the individual communications procedure before the Human Rights Committee, requiring exhaustion of domestic remedies and absence of concurrent international examination. The Second Optional Protocol instead abolishes the death penalty.

Question 17Human Rights & Duties (UGC-NET subject paper)

In the Indian case law on the right to a clean environment, which approach expanded Article 21 to include environmental protection?

  1. Restricting Article 21 to physical liberty of the person
  2. Reading environmental duties exclusively into Article 51A(g)
  3. Treating the right to life as including the right to live in a healthy environment Correct answer.
  4. Deferring environmental questions entirely to statute

Explanation

Cases such as Subhash Kumar v. State of Bihar and M.C. Mehta v. Union of India read the right to a wholesome environment into the right to life under Article 21. Article 51A(g), the fundamental duty to protect the environment, informs but does not exhaust this jurisprudence.

Question 18Human Rights & Duties (UGC-NET subject paper)

The principle of non-refoulement, central to refugee protection, prohibits a state from doing what?

  1. Detaining an asylum seeker beyond 48 hours
  2. Refusing consular access to a foreign national
  3. Returning a refugee to a territory where the person faces persecution or serious harm Correct answer.
  4. Granting citizenship to a refugee without prior UN approval

Explanation

Non-refoulement bars removal of a person to a country where they would face persecution, torture or other serious harm, and is reflected in the 1951 Refugee Convention and the Convention against Torture. It applies regardless of formal refugee status in many jurisdictions.

Question 19Human Rights & Duties (UGC-NET subject paper)

Which body conducts the Universal Periodic Review of the human rights records of all UN member states?

  1. The Human Rights Council Correct answer.
  2. The International Law Commission
  3. The Security Council
  4. The Human Rights Committee

Explanation

The Universal Periodic Review is a peer-review mechanism of the Human Rights Council under which every UN member state is reviewed periodically. It is distinct from the treaty body reporting system.

Question 20Human Rights & Duties (UGC-NET subject paper)

A law provides that a person may be detained without being informed of the grounds of detention. Which Indian constitutional safeguard is most directly violated?

  1. Article 19(1)(g) on freedom of trade
  2. Article 20(1) on ex post facto criminal law
  3. Article 25 on freedom of religion
  4. Article 22(1) on informing grounds of arrest and consulting counsel Correct answer.

Explanation

Article 22(1) requires that an arrested person be informed of the grounds of arrest and allowed to consult a legal practitioner of choice. Preventive detention safeguards under Article 22(4) to (7) apply separately to detention without trial.

Question 21Human Rights & Duties (UGC-NET subject paper)

The African Charter on Human and Peoples' Rights is distinctive because it expressly includes which category of provisions?

  1. Only civil and political rights
  2. Rights enforceable only by state parties before domestic courts
  3. Both rights and duties of individuals towards the community Correct answer.
  4. A clause permitting derogation from the prohibition of torture

Explanation

The African Charter, adopted in 1981, uniquely combines individual rights with duties of the individual towards family, society and the state in Articles 27 to 29. It also recognises peoples' rights such as self-determination and development.

Question 22Human Rights & Duties (UGC-NET subject paper)

Which theory justifies human rights by reference to the inherent dignity and rational agency of every person rather than to legal enactment?

  1. Cultural relativism
  2. Legal positivism
  3. Utilitarianism
  4. Natural rights theory Correct answer.

Explanation

Natural rights theory grounds rights in human nature and reason, holding them to exist independently of state recognition. This underpins the UDHR's preamble reference to inherent dignity and inalienable rights.

Question 23Human Rights & Duties (UGC-NET subject paper)

In the Ragging case jurisprudence and Indian fundamental rights law, the Supreme Court's expansion of Article 21 to include the right to live with dignity primarily demonstrates which interpretive technique?

  1. Purposive and expansive interpretation informed by international covenants Correct answer.
  2. Deference to executive certification of policy
  3. Strict reliance on parliamentary intent expressed in debates
  4. Literal construction limited to the text's original meaning

Explanation

The Court has read Article 21 expansively, drawing on dignity, international covenants and the directive principles to recognise unenumerated rights. This purposive method treats the Constitution as a living document rather than a frozen text.

Question 24Human Rights & Duties (UGC-NET subject paper)

A UN special rapporteur is appointed to examine a country situation or thematic mandate. Which statement correctly describes the legal character of such a mandate?

  1. It is a treaty body created by the ICCPR
  2. It is a Charter-based expert mechanism reporting to the Human Rights Council Correct answer.
  3. It is a judicial finding binding on the state concerned
  4. It is a function exercised by the Security Council under Chapter VII

Explanation

Special procedures are Charter-based mechanisms established by the Human Rights Council, comprising independent experts who report and make recommendations without binding judicial authority. Their findings carry political and normative weight rather than enforcement power.

Question 25Human Rights & Duties (UGC-NET subject paper)

Which feature most clearly distinguishes economic, social and cultural rights from civil and political rights in their implementation under the ICESCR?

  1. They are subject to progressive realisation according to available resources Correct answer.
  2. They are non-justiciable by definition and create no legal obligations
  3. They apply only to citizens and not to non-nationals
  4. They may be suspended at will by any state party

Explanation

Article 2(1) ICESCR makes realisation of these rights subject to progressive achievement to the maximum of available resources, though some obligations such as non-discrimination are immediate. The distinction is one of implementation modality, not of legal status.

Question 26Human Rights & Duties (UGC-NET subject paper)

The Universal Declaration of Human Rights was adopted by the UN General Assembly on which date?

  1. 4 November 1950
  2. 10 December 1948 Correct answer.
  3. 16 December 1966
  4. 26 June 1945

Explanation

The UDHR was proclaimed by the General Assembly in Paris on 10 December 1948, a date now observed annually as Human Rights Day. It was adopted as a non-binding declaration, with the two binding covenants following only in 1966.

Question 27Human Rights & Duties (UGC-NET subject paper)

Which two international covenants, adopted together in 1966, translate the UDHR into binding treaty obligations?

  1. The Convention against Torture and the Migrant Workers Convention
  2. The CEDAW and the CRC
  3. The Genocide Convention and the Refugee Convention
  4. The ICCPR and the ICESCR Correct answer.

Explanation

The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights were both adopted in 1966 and entered into force in 1976. Together with the UDHR they form the International Bill of Human Rights.

Question 28Human Rights & Duties (UGC-NET subject paper)

Under Article 21 of the Indian Constitution, the right to life and personal liberty may be curtailed only in accordance with which standard?

  1. The procedure established by law Correct answer.
  2. The directive principles of state policy
  3. The reasonable restrictions clause
  4. The due process of law

Explanation

Article 21 guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law. Indian courts, beginning with Maneka Gandhi, have read into this a requirement that the procedure be fair, just and reasonable.

Question 29Human Rights & Duties (UGC-NET subject paper)

The European Court of Human Rights, which hears individual applications against states parties to the European Convention, sits in which city?

  1. Luxembourg
  2. Strasbourg Correct answer.
  3. The Hague
  4. Brussels

Explanation

The European Court of Human Rights is based in Strasbourg, France, and operates under the Council of Europe rather than the European Union. Its judgments are binding on respondent states, and the Committee of Ministers supervises their execution.

Question 30Human Rights & Duties (UGC-NET subject paper)

In Indian constitutional law, which writ is issued to a public authority that has failed to perform a duty it is legally obliged to perform?

  1. Prohibition
  2. Certiorari
  3. Quo warranto
  4. Mandamus Correct answer.

Explanation

Mandamus commands a person or body holding public office to carry out a public duty that the law imposes and that has been refused or neglected. It lies against public authorities and cannot ordinarily be used against a private individual or the President in personal capacity.

Question 31Human Rights & Duties (UGC-NET subject paper)

The Human Rights Council, which replaced the Commission on Human Rights, is a subsidiary organ of which UN body?

  1. The General Assembly Correct answer.
  2. The Secretariat
  3. The Security Council
  4. The Economic and Social Council

Explanation

The Human Rights Council was created in 2006 by General Assembly resolution 60/251 as a subsidiary organ of the General Assembly, reflecting its elevated status. It comprises 47 member states elected by secret ballot of the General Assembly.

Question 32Human Rights & Duties (UGC-NET subject paper)

Which generation of rights, associated with Karel Vasak's typology, is exemplified by the right to development and the right to a healthy environment?

  1. Third generation solidarity rights Correct answer.
  2. Second generation economic and social rights
  3. Fourth generation bioethical rights
  4. First generation civil and political rights

Explanation

Vasak's third generation comprises solidarity rights held collectively, such as development, peace, a clean environment and shared enjoyment of the common heritage. They are typically asserted against multiple actors including states and the international community.

Question 33Human Rights & Duties (UGC-NET subject paper)

The National Human Rights Commission of India is constituted with a Chairperson who must have held which office?

  1. Chief Justice of India Correct answer.
  2. Attorney-General of India
  3. Judge of the Supreme Court
  4. Speaker of the Lok Sabha

Explanation

Under Section 3 of the Protection of Human Rights Act, 1993, the Chairperson must be a former Chief Justice of India. The statute also prescribes members drawn from the Supreme Court, High Courts and persons with knowledge of human rights.

Question 34Human Rights & Duties (UGC-NET subject paper)

In the Kesavananda Bharati case (1973), the Supreme Court of India held that Parliament's amending power under Article 368 is subject to which limitation?

  1. It cannot alter the representation of states in Parliament
  2. It cannot be exercised without a prior national referendum
  3. It cannot destroy the basic structure of the Constitution Correct answer.
  4. It cannot amend the fundamental rights chapter at all

Explanation

The Court held that while Parliament may amend any provision, it cannot damage or destroy the essential features or basic structure of the Constitution. This doctrine has since been used to protect judicial review, federalism, secularism and free elections.

Question 35Human Rights & Duties (UGC-NET subject paper)

A state party to the ICCPR wants individuals under its jurisdiction to bring complaints to the Human Rights Committee. Which step is required in addition to ratifying the Covenant?

  1. Submitting a reservation to Article 9 of the Covenant
  2. Ratifying the First Optional Protocol to the ICCPR Correct answer.
  3. Acceding to the Second Optional Protocol on the death penalty
  4. Making a declaration under Article 41 accepting inter-state complaints

Explanation

The individual communications procedure is created by the First Optional Protocol, so a state must separately become a party to it before its nationals can petition the Committee. Ratification of the Covenant alone does not open this avenue.

Question 36Human Rights & Duties (UGC-NET subject paper)

Which statement correctly distinguishes a UN treaty body from a Charter-based mechanism such as the Universal Periodic Review?

  1. Treaty bodies issue binding judgments enforceable by the ICJ, while the UPR issues only advisory opinions
  2. Treaty bodies operate only in Europe, while the UPR is global in scope
  3. Treaty bodies are political organs of the Security Council, while the UPR is judicial
  4. Treaty bodies monitor compliance with specific treaties to which states have consented, while the UPR reviews all UN member states regardless of treaty ratification Correct answer.

Explanation

Treaty bodies such as the Human Rights Committee derive authority from the treaty and review only states parties, through reports and optional petition procedures. The UPR is a Charter-based peer review conducted by the Human Rights Council that covers every UN member state on a cyclical basis.

Question 37Human Rights & Duties (UGC-NET subject paper)

A detainee alleges that prison authorities subjected him to custodial violence. Which development in Indian law most directly converted this into a constitutional claim for compensation?

  1. The Berubari Union reference on cession of territory
  2. The D.K. Basu guidelines recognising custodial torture as a violation of Article 21 and Article 14 Correct answer.
  3. The Golaknath decision freezing fundamental rights amendments
  4. The Shankari Prasad decision upholding the First Amendment

Explanation

In D.K. Basu v. State of West Bengal the Supreme Court laid down arrest safeguards and held that custodial torture violates Articles 21 and 14, making compensatory damages available in public law. The ruling treats dignity and bodily integrity as core to the right to life.

Question 38Human Rights & Duties (UGC-NET subject paper)

Under the Indian Constitution, the right to move the Supreme Court for enforcement of fundamental rights is itself guaranteed by which Article?

  1. Article 142
  2. Article 32 Correct answer.
  3. Article 226
  4. Article 136

Explanation

Article 32 confers a guaranteed right to constitutional remedies before the Supreme Court, which Dr Ambedkar called the heart and soul of the Constitution. Article 226 gives High Courts similar but wider power that is discretionary rather than a guaranteed fundamental right.

Question 39Human Rights & Duties (UGC-NET subject paper)

The African Charter on Human and Peoples' Rights is enforced primarily through which body?

  1. The New Partnership for Africa's Development secretariat
  2. The African Court of Justice in Arusha alone
  3. The African Commission on Human and Peoples' Rights, with a separate African Court created later Correct answer.
  4. The ECOWAS Community Court, which has exclusive jurisdiction

Explanation

The African Charter established the African Commission in Banjul to promote and protect the rights it contains through reports and communications. A separate African Court on Human and Peoples' Rights was later created by protocol and merged in function with the African Court of Justice.

Question 40Human Rights & Duties (UGC-NET subject paper)

Which duty-bearer analysis best captures the obligation of a state under the ICESCR to respect, protect and fulfil the right to health?

  1. The state may delegate all health obligations to private insurers without oversight
  2. The state must avoid interfering with existing access, regulate third parties such as private providers, and progressively expand available services Correct answer.
  3. The state bears no obligation until it reaches a specified level of national income
  4. The state must immediately provide free tertiary care to every resident

Explanation

The tripartite typology requires the state to refrain from denying access, to protect against third-party infringement through regulation, and to fulfil by progressively expanding services within maximum available resources. Certain core obligations, such as non-discrimination and essential primary care, apply immediately.

Question 41Human Rights & Duties (UGC-NET subject paper)

In Vishaka v. State of Rajasthan, the Supreme Court addressed a gap in legislation by relying on which source to frame guidelines on sexual harassment at the workplace?

  1. The preamble to the Government of India Act, 1935
  2. The Ninth Schedule of the Constitution
  3. The Directive Principles in Part IV read with Articles 14, 15, 19(1)(g) and 21 Correct answer.
  4. The Concurrent List entry on public order

Explanation

The Court held that international conventions such as CEDAW could be read into fundamental rights where domestic law was silent, and framed binding guidelines under Articles 14, 15, 19(1)(g) and 21. These guidelines operated until the Sexual Harassment of Women at Workplace Act, 2013 was enacted.

Question 42Human Rights & Duties (UGC-NET subject paper)

The Convention on the Rights of the Child establishes which principle as a general obligation guiding the interpretation of all its provisions?

  1. The primacy of state security over child welfare
  2. The automatic emancipation of minors at sixteen
  3. The best interests of the child as a primary consideration Correct answer.
  4. The child's duty to obey parental authority

Explanation

Article 3 of the CRC requires that in all actions concerning children, the best interests of the child be a primary consideration. The Committee on the Rights of the Child treats this, along with non-discrimination, survival and development, and respect for views, as a general principle.

Question 43Human Rights & Duties (UGC-NET subject paper)

A national law grants the executive power to detain persons preventively for up to six months without trial. Which ICCPR provision is most directly engaged?

  1. Article 27 on minority rights
  2. Article 25 on political participation
  3. Article 18 on freedom of thought
  4. Article 9 on liberty and security of person Correct answer.

Explanation

Article 9 protects liberty and security of person, prohibits arbitrary detention and requires that anyone arrested be informed of reasons and brought promptly before a judicial authority. Preventive detention without judicial review is therefore the central concern.

Question 44Human Rights & Duties (UGC-NET subject paper)

Which feature of the Indian Constitution makes the Directive Principles of State Policy relevant to human rights litigation despite being non-justiciable?

  1. They may be read into fundamental rights to inform their interpretation and content Correct answer.
  2. They automatically override conflicting fundamental rights legislation
  3. They are enforceable by the Supreme Court through a special writ of directive mandamus
  4. They are protected by the basic structure doctrine against all amendment

Explanation

Although Article 37 declares the Directive Principles non-justiciable, courts have used them to interpret and expand fundamental rights, notably reading health, livelihood and environment into Article 21. This harmonises Part IV goals with Part III guarantees.

Question 45Human Rights & Duties (UGC-NET subject paper)

In the jurisprudence of the European Court of Human Rights, the 'living instrument' doctrine refers to which approach?

  1. Deferring entirely to national courts on all interpretive questions
  2. Restricting the Convention to economic and social matters
  3. Interpreting the Convention in light of present-day conditions rather than original intent alone Correct answer.
  4. Applying the Convention only as it stood at the date of ratification

Explanation

The Court has held that the Convention must be interpreted as a living instrument in the light of present-day conditions, allowing rights such as Article 8 to cover new situations. This dynamic interpretation contrasts with a strictly originalist reading.

Question 46Human Rights & Duties (UGC-NET subject paper)

Which body is empowered under the Rome Statute to prosecute individuals for genocide, crimes against humanity and war crimes when national jurisdictions are unwilling or unable to act?

  1. The Human Rights Committee
  2. The International Law Commission
  3. The International Criminal Court Correct answer.
  4. The International Court of Justice

Explanation

The International Criminal Court exercises complementary jurisdiction over individual criminal responsibility for core international crimes. The ICJ, by contrast, settles disputes between states and does not try individuals.

Question 47Human Rights & Duties (UGC-NET subject paper)

The concept of 'core obligations' in the ICESCR jurisprudence is best described as which of the following?

  1. Optional targets that a state may adopt at its discretion
  2. Minimum essential levels of each right that a state must satisfy irrespective of resource constraints Correct answer.
  3. Obligations owed only to foreign nationals
  4. Duties that arise only after a state reaches high-income status

Explanation

General Comment 3 of the Committee on Economic, Social and Cultural Rights identifies core obligations as minimum essential levels, such as essential primary health care and basic shelter, which apply regardless of resources. A state claiming resource constraints must demonstrate that it has nevertheless prioritised these minimum levels.

Question 48Human Rights & Duties (UGC-NET subject paper)

A state argues that because it has a federal structure, it cannot be held responsible for human rights violations by its constituent units. How is this argument best assessed under international human rights law?

  1. It fails only if the constitution expressly makes treaties self-executing
  2. It fails because a state party is responsible for ensuring treaty rights throughout its entire territory regardless of internal division of powers Correct answer.
  3. It succeeds because federal states may apportion treaty responsibility among units
  4. It succeeds only if the constituent unit has signed a separate treaty

Explanation

Under Article 27 of the Vienna Convention on the Law of Treaties and consistent treaty practice, a state cannot invoke its internal law, including federal arrangements, to justify failure to perform a treaty. Human rights treaty bodies therefore hold the central government accountable for violations anywhere in its territory.

Question 49Human Rights & Duties (UGC-NET subject paper)

In the Indian Supreme Court's environmental jurisprudence, the principle of 'sustainable development' was integrated with Article 21 in which manner?

  1. By treating development as exempt from environmental scrutiny
  2. By requiring prior international approval for all development projects
  3. By balancing ecological protection with developmental needs so that neither right is absolutised Correct answer.
  4. By holding that environmental rights apply only to citizens

Explanation

Cases such as Vellore Citizens' Welfare Forum read sustainable development, the precautionary principle and polluter pays into Article 21 and Article 48A. The Court balances the right to a clean environment against legitimate development, refusing to treat either as absolute.

Question 50Human Rights & Duties (UGC-NET subject paper)

Which statement best captures the relationship between jus cogens norms and human rights treaty obligations?

  1. Jus cogens norms are merely persuasive guidelines that states may disregard
  2. Jus cogens norms apply only to states that have ratified the ICCPR
  3. Jus cogens norms are peremptory rules from which no derogation is permitted, and conflicting treaty provisions are void Correct answer.
  4. Jus cogens norms can be overridden by a later bilateral treaty between two states

Explanation

Under Articles 53 and 64 of the Vienna Convention on the Law of Treaties, a peremptory norm of general international law cannot be derogated from, and any treaty conflicting with it is void. Prohibitions such as genocide, torture and slavery are widely treated as jus cogens.