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MATSEC IM Systems of Knowledge study materials
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MATSEC IM Systems of Knowledge practice questions

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Question 1Democratic Values, Citizenship and the Constitution of Malta

The Constitution of Malta states that the executive authority of Malta is vested in which office?

  1. The Speaker of the House
  2. The Chief Justice
  3. The President Correct answer.
  4. The Prime Minister

Explanation

The Constitution vests the executive authority of Malta in the President, who exercises it in accordance with the Constitution and the law. The Prime Minister and other ministers exercise executive functions only because the Constitution authorises them to do so on the President's behalf.

Question 2Democratic Values, Citizenship and the Constitution of Malta

How many members does the House of Representatives normally consist of under the Maltese Constitution?

  1. Sixty-five Correct answer.
  2. Seventy-one
  3. Fifty
  4. Sixty-nine

Explanation

The Constitution provides for a House of Representatives of sixty-five members, elected by proportional representation from thirteen electoral divisions. Additional seats may be awarded to correct proportionality, but the baseline composition is sixty-five.

Question 3Democratic Values, Citizenship and the Constitution of Malta

In Maltese constitutional law, what is the main function of the Attorney General?

  1. To chair the Public Service Commission
  2. To appoint judges to the Superior Courts
  3. To act as the principal legal adviser to the Government Correct answer.
  4. To preside over sittings of the House of Representatives

Explanation

The Attorney General is the principal legal adviser to the Government and also holds responsibility for public prosecutions. The office is constitutional and is distinct from judicial appointment and from presiding over Parliament.

Question 4Democratic Values, Citizenship and the Constitution of Malta

Which body is constitutionally responsible for appointing members of the judiciary in Malta?

  1. The Commission for the Administration of Justice
  2. The President acting on the advice of the Judicial Appointments Committee Correct answer.
  3. The Prime Minister acting alone
  4. The House of Representatives by simple majority

Explanation

Judicial appointments are made by the President acting in accordance with the advice of the Judicial Appointments Committee, which was introduced by constitutional reform. This is intended to insulate appointments from direct political control.

Question 5Democratic Values, Citizenship and the Constitution of Malta

A Maltese citizen argues that a law passed by Parliament violates a fundamental right protected by the Constitution. Which court is competent to decide that constitutional question?

  1. The Court of Appeal in its ordinary civil jurisdiction
  2. The Constitutional Court Correct answer.
  3. The Court of Magistrates
  4. The Civil Court, Family Section

Explanation

The Constitutional Court has jurisdiction to determine whether laws and acts are consistent with the Constitution, including the fundamental rights provisions. Ordinary courts do not have the power to invalidate legislation on constitutional grounds.

Question 6Democratic Values, Citizenship and the Constitution of Malta

Which chapter of the Maltese Constitution contains the Declaration of Principles, which are generally not directly enforceable in court?

  1. Chapter IV Correct answer.
  2. Chapter VIII
  3. Chapter I
  4. Chapter II

Explanation

Chapter IV contains the Declaration of Principles, which guides the State in social and economic policy but is generally not directly enforceable in the courts. Chapter II contains the fundamental rights and freedoms that are enforceable.

Question 7Democratic Values, Citizenship and the Constitution of Malta

A person detained by the police claims that the detention is unlawful. Which fundamental right is most directly engaged?

  1. Freedom of expression
  2. Freedom of movement
  3. Protection of the right to liberty and security of the person Correct answer.
  4. Protection of property

Explanation

Article 34 of the Constitution protects the right to liberty and security of the person and sets conditions for lawful detention. A challenge to unlawful detention therefore falls squarely within that right.

Question 8Democratic Values, Citizenship and the Constitution of Malta

In a general election, a Maltese voter casts a vote for candidates in a multi-member district. Which electoral system is used for the House of Representatives?

  1. Two-round runoff
  2. Single transferable vote Correct answer.
  3. Party-list proportional representation
  4. First-past-the-post

Explanation

Malta uses the single transferable vote, a form of proportional representation in which voters rank candidates in multi-member divisions. This system is entrenched in the Constitution and is distinctive among European states.

Question 9Democratic Values, Citizenship and the Constitution of Malta

What is the minimum voting age for elections to the House of Representatives in Malta?

  1. Sixteen years Correct answer.
  2. Twenty-one years
  3. Seventeen years
  4. Eighteen years

Explanation

Following constitutional amendment, the voting age for Maltese general elections was lowered to sixteen. This makes Malta one of the few European states with a voting age below eighteen.

Question 10Democratic Values, Citizenship and the Constitution of Malta

The principle of the rule of law in Maltese democratic life primarily requires that:

  1. Parliament is subordinate to the executive
  2. Only judges may make law
  3. Public authorities act within powers conferred by law and are answerable to the courts Correct answer.
  4. The government may act without legal authority when urgent

Explanation

The rule of law means that public power must have a legal basis and that even the State is subject to the law and to judicial review. It does not mean that judges legislate or that Parliament is subordinate to the executive.

Question 11Democratic Values, Citizenship and the Constitution of Malta

Which of the following best describes the constitutional principle of the separation of powers as applied in Malta?

  1. The judiciary directs the day-to-day administration of the State
  2. The President personally exercises all three functions of government
  3. Parliament reviews every individual court judgment
  4. Legislative, executive and judicial functions are distributed among distinct institutions with checks on each other Correct answer.

Explanation

The separation of powers distributes legislative, executive and judicial authority among distinct organs and creates checks between them. Malta's Constitution reflects this by allocating functions to Parliament, the executive and the courts.

Question 12Democratic Values, Citizenship and the Constitution of Malta

A minister wishes to introduce a new tax. Which constitutional requirement must be satisfied?

  1. The tax must be approved by the President alone
  2. The tax must be approved by the Constitutional Court
  3. The tax must be authorised by an Act of Parliament Correct answer.
  4. The tax must be agreed with the Public Service Commission

Explanation

The Constitution requires that no tax be imposed except by or under the authority of an Act of Parliament. This reflects the democratic principle that taxation requires legislative consent.

Question 13Democratic Values, Citizenship and the Constitution of Malta

Which of the following is a constitutionally protected fundamental right in Malta?

  1. Freedom of conscience and religious belief Correct answer.
  2. A right to be provided with employment by the State
  3. A right to a guaranteed minimum income
  4. A right to own a private aircraft

Explanation

The Constitution protects freedom of conscience and religious belief, alongside other civil and political rights in Chapter II. Socio-economic entitlements in the Declaration of Principles are generally non-justiciable, and specific property claims are not the same as a general right.

Question 14Democratic Values, Citizenship and the Constitution of Malta

What is the role of the Ombudsman in the Maltese constitutional order?

  1. To prosecute criminal offences before the courts
  2. To chair the Public Accounts Committee
  3. To investigate complaints of maladministration by public authorities Correct answer.
  4. To review the constitutionality of legislation

Explanation

The Ombudsman investigates complaints about maladministration by public bodies and reports findings, acting as a check on administrative fairness. The office does not prosecute crimes, decide constitutional validity or chair parliamentary committees.

Question 15Democratic Values, Citizenship and the Constitution of Malta

A bill has passed all stages in the House of Representatives. What is the next constitutional step before it becomes law?

  1. Approval by the Prime Minister
  2. Assent by the President Correct answer.
  3. Publication by the Attorney General alone
  4. Approval by the Constitutional Court

Explanation

After passage by Parliament, a bill requires the President's assent to become an Act of Parliament. Publication then follows, but assent is the constitutional step that converts the bill into law.

Question 16Democratic Values, Citizenship and the Constitution of Malta

Which statement about the entrenchment of the Maltese Constitution is correct?

  1. The Constitution may be amended by the President acting alone
  2. Certain provisions require a special parliamentary majority, such as two-thirds of all members Correct answer.
  3. Amendments are made by referendum only
  4. All provisions may be amended by an ordinary majority of the House

Explanation

Many constitutional provisions are entrenched and require a special majority, typically two-thirds of all members of the House, sometimes with additional requirements. This protects core democratic arrangements from simple majority change.

Question 17Democratic Values, Citizenship and the Constitution of Malta

In Maltese constitutional practice, what does the doctrine of ministerial responsibility mean?

  1. Ministers are personally liable for all debts of their departments
  2. Ministers are appointed by the judiciary
  3. Ministers answer to Parliament for the conduct of their ministries and may be subject to scrutiny Correct answer.
  4. Ministers may ignore parliamentary questions if they are busy

Explanation

Ministerial responsibility means that ministers are accountable to Parliament for the administration of their ministries and must answer questions and scrutiny. It does not create personal financial liability for departmental debts.

Question 18Democratic Values, Citizenship and the Constitution of Malta

A group of citizens wishes to challenge a planning decision that they believe was taken for improper motives. Which mechanism best reflects democratic accountability in this context?

  1. Judicial review before the courts Correct answer.
  2. A private prosecution of the minister
  3. An appeal to the Constitutional Court on the merits of the planning decision
  4. A vote of no confidence in the Ombudsman

Explanation

Judicial review allows courts to examine whether administrative decisions were lawful, rational and procedurally fair. It is the standard democratic mechanism for holding public decision-makers to account without substituting the court's view on policy merits.

Question 19Democratic Values, Citizenship and the Constitution of Malta

Which of the following best captures the meaning of active citizenship in a democratic Maltese society?

  1. Participating in public affairs, informing oneself and engaging responsibly with institutions Correct answer.
  2. Voting only when personally affected by an issue
  3. Obeying the law only when enforcement is likely
  4. Leaving all public decisions to elected officials without any engagement

Explanation

Active citizenship involves informed participation in public life, from voting to civic engagement and accountability of institutions. It is broader than occasional voting and is grounded in responsibility toward the community.

Question 20Democratic Values, Citizenship and the Constitution of Malta

The freedom of expression protected by the Maltese Constitution may lawfully be restricted in which circumstance?

  1. Whenever the government disagrees with the speaker's opinion
  2. By a law reasonably justifiable in a democratic society, for example to protect public order or the rights of others Correct answer.
  3. Only by a decision of the Constitutional Court in each case
  4. Never, because the right is absolute

Explanation

Freedom of expression is not absolute; the Constitution permits restrictions imposed by law that are reasonably justifiable in a democratic society, such as measures protecting public order or the rights of others. Disagreement with the speaker's opinion is not a valid ground.

Question 21Democratic Values, Citizenship and the Constitution of Malta

Which institution is constitutionally charged with safeguarding the independence of the public service in Malta?

  1. The Broadcasting Authority
  2. The Public Service Commission Correct answer.
  3. The National Audit Office
  4. The Electoral Commission

Explanation

The Public Service Commission is a constitutional body concerned with appointments, promotions and discipline in the public service, helping to protect it from political patronage. The other bodies have different regulatory mandates.

Question 22Democratic Values, Citizenship and the Constitution of Malta

Which body is responsible for administering and supervising elections in Malta?

  1. The Ombudsman
  2. The Judicial Appointments Committee
  3. The Commission for the Administration of Justice
  4. The Electoral Commission Correct answer.

Explanation

The Electoral Commission is the constitutional body responsible for the conduct and supervision of elections and referendums. Its role is central to the integrity of the democratic process.

Question 23Democratic Values, Citizenship and the Constitution of Malta

What is the significance of the oath of office taken by the President and ministers in Malta?

  1. It symbolically and legally commits office-holders to uphold the Constitution and discharge duties faithfully Correct answer.
  2. It replaces the need for any constitutional limits on executive power
  3. It transfers judicial authority to the executive
  4. It is a purely ceremonial act with no legal effect

Explanation

The oath of office is a constitutional requirement that binds office-holders to uphold the Constitution and perform their duties faithfully. It reinforces accountability rather than removing constitutional limits.

Question 24Democratic Values, Citizenship and the Constitution of Malta

Which of the following best explains why the Maltese Constitution is described as the supreme law of the land?

  1. Because it is approved by the European Union
  2. Because any law inconsistent with it is void to the extent of the inconsistency Correct answer.
  3. Because it is printed in both Maltese and English
  4. Because it is older than any other law

Explanation

The Constitution declares itself supreme, so any law inconsistent with it is void to the extent of the inconsistency. Supremacy is about legal hierarchy and validity, not about age or language of publication.

Question 25Democratic Values, Citizenship and the Constitution of Malta

In the context of Maltese democratic values, what does the principle of equality before the law require?

  1. That the law applies equally to all, without arbitrary or unjustified discrimination Correct answer.
  2. That all citizens receive identical treatment regardless of relevant differences
  3. That judges may exempt influential persons from legal obligations
  4. That only citizens with property may access the courts

Explanation

Equality before the law means that the law applies to all and prohibits arbitrary or unjustified discrimination. It permits distinctions that are relevant and justifiable but forbids privilege based on status or influence.

Question 26Democratic Values, Citizenship and the Constitution of Malta

In Malta, which fundamental right directly protects a person's freedom to hold and practise a religious belief without state interference?

  1. Freedom of movement
  2. Right to property
  3. Freedom of conscience and worship Correct answer.
  4. Right to a fair hearing

Explanation

The Maltese Constitution protects freedom of conscience and worship as a distinct fundamental right, covering both belief and its manifestation. It is not merely an aspect of expression but a standalone guarantee. The other options address different protected interests.

Question 27Democratic Values, Citizenship and the Constitution of Malta

A Maltese citizen believes that a new law violates a fundamental right. Which court has the constitutional jurisdiction to hear such a case at first instance?

  1. The Court of Magistrates
  2. The Constitutional Court Correct answer.
  3. The Civil Court, Family Section
  4. The Court of Appeal

Explanation

Under the Maltese Constitution, the Constitutional Court is the forum for constitutional challenges, including alleged breaches of fundamental rights. It sits at first instance for such actions and also hears appeals from certain decisions. Other courts lack this specific jurisdiction.

Question 28Democratic Values, Citizenship and the Constitution of Malta

Which statement best describes the constitutional role of the President of Malta in relation to legislation passed by the House of Representatives?

  1. The President may withhold assent only if the bill is unconstitutional.
  2. The President's assent is a formal step; the Constitution provides limited circumstances for withholding it. Correct answer.
  3. The President may veto any bill without further recourse.
  4. The President must always sign bills into law without exception.

Explanation

The President's role in enacting legislation is largely formal, but the Constitution allows withholding of assent in specific, limited situations, such as where the bill is procedurally defective or unconstitutional. There is no general political veto. This reflects the ceremonial and constitutional nature of the office.

Question 29Democratic Values, Citizenship and the Constitution of Malta

Which of the following best explains the purpose of the Ombudsman's power to investigate maladministration in Maltese public bodies?

  1. To represent the government in civil litigation.
  2. To review the constitutionality of laws passed by Parliament.
  3. To prosecute public officials for criminal offences.
  4. To provide an independent, non-judicial remedy for citizens aggrieved by administrative action. Correct answer.

Explanation

The Ombudsman offers a free, accessible alternative to court for complaints about administrative unfairness, promoting good administration. The office does not prosecute or decide constitutional validity. Its recommendations are influential but not legally binding in the same way as court judgments.

Question 30Democratic Values, Citizenship and the Constitution of Malta

A Maltese citizen argues that a government decision to grant a development permit was taken without hearing objectors, contrary to natural justice. Assuming an admissible claim of a breach of a constitutionally protected fundamental right and no adequate ordinary remedy, which constitutional remedy is available?

  1. A referendum to annul the permit.
  2. A complaint to the European Court of Human Rights as the first step.
  3. A request for the President to dismiss the minister.
  4. An application for constitutional redress before the Civil Court, First Hall. Correct answer.

Explanation

Under article 46, the Civil Court, First Hall hears applications for constitutional redress concerning alleged breaches of protected fundamental rights. The stated assumptions make that route relevant here. A natural-justice complaint alone does not establish a constitutional claim, and ordinary judicial review and planning appeals follow distinct routes.

Question 31Human Rights, Equality and Social Justice

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

  1. 1945
  2. 1950
  3. 1948 Correct answer.
  4. 1966

Explanation

The UDHR was adopted on 10 December 1948 in Paris, an event now commemorated annually as Human Rights Day. It followed the atrocities of the Second World War and set out a common standard of rights for all peoples and nations.

Question 32Human Rights, Equality and Social Justice

Which characteristic distinguishes a human right from a privilege granted by the state?

  1. It must be approved by a parliamentary majority each year
  2. It applies only to citizens who pay taxes
  3. It is inherent in every person and does not depend on being granted Correct answer.
  4. It can be withdrawn when public opinion changes

Explanation

Human rights are held by virtue of being human, not by grant, purchase or citizenship status. This is why they are described as inherent and universal, and why a government cannot legitimately abolish them by ordinary decree.

Question 33Human Rights, Equality and Social Justice

Article 1 of the UDHR states that all human beings are born free and equal in what respect?

  1. In dignity and rights Correct answer.
  2. In physical strength and ability
  3. In religious belief and practice
  4. In wealth and social status

Explanation

Article 1 declares that all human beings are born free and equal in dignity and rights, and are endowed with reason and conscience. Dignity is thus the foundational value underpinning the whole catalogue of rights.

Question 34Human Rights, Equality and Social Justice

Which document, adopted by the Council of Europe in 1950, established a court to which individuals can bring complaints after exhausting domestic remedies?

  1. The European Convention on Human Rights Correct answer.
  2. The Charter of Fundamental Rights of the European Union
  3. The Helsinki Final Act
  4. The European Social Charter

Explanation

The European Convention on Human Rights created a supervisory machinery that evolved into the European Court of Human Rights in Strasbourg. Individuals may petition the Court once domestic remedies have been exhausted.

Question 35Human Rights, Equality and Social Justice

Which generation of rights is mainly associated with the International Covenant on Economic, Social and Cultural Rights?

  1. Third generation, focused on collective and solidarity rights
  2. First generation, focused on civil and political liberties
  3. Second generation, focused on economic, social and cultural entitlements Correct answer.
  4. Fourth generation, focused on digital and biotechnological rights

Explanation

Second-generation rights cover entitlements such as work, housing, health and education, and are often described as requiring progressive realisation. They are codified in the ICESCR, adopted in 1966 alongside its civil-political counterpart.

Question 36Human Rights, Equality and Social Justice

A state argues that it cannot guarantee free primary education because of limited resources. Which concept best describes the obligation to move as quickly as possible towards full realisation of such a right?

  1. Reservation
  2. Progressive realisation Correct answer.
  3. Derogation
  4. Reciprocity

Explanation

Progressive realisation recognises resource constraints but requires deliberate, concrete steps towards full enjoyment of economic and social rights. It does not permit indefinite inaction or deliberate retrogression.

Question 37Human Rights, Equality and Social Justice

Which principle holds that any limitation of a protected right must be prescribed by law, pursue a legitimate aim and be necessary in a democratic society?

  1. The non-refoulement principle
  2. The proportionality test Correct answer.
  3. The subsidiarity principle
  4. The margin of appreciation

Explanation

The proportionality test weighs the interference against the legitimate aim and asks whether a less restrictive means was available. It is a standard tool of human rights adjudication for assessing whether a limitation is justified.

Question 38Human Rights, Equality and Social Justice

Under Article 3 of the European Convention on Human Rights, which right is protected in absolute terms?

  1. Freedom of expression
  2. The prohibition of torture and inhuman or degrading treatment Correct answer.
  3. The right to free elections
  4. The right to respect for private and family life

Explanation

Article 3 contains no limitation clause, so the prohibition of torture and inhuman or degrading treatment can never be balanced away. This absolute character is a defining feature of the protection against ill-treatment.

Question 39Human Rights, Equality and Social Justice

Which type of equality requires a state to treat like cases alike without arbitrary distinction?

  1. Equality of outcome
  2. Equity of distribution
  3. Formal equality Correct answer.
  4. Substantive equality

Explanation

Formal equality focuses on consistency of treatment and prohibits arbitrary distinctions between persons in comparable situations. Substantive equality goes further by asking whether the treatment produces genuinely equal participation.

Question 40Human Rights, Equality and Social Justice

A scholarship scheme reserves a number of places for students from low-income households to help them compete on equal terms. Which concept best justifies this measure?

  1. Freedom of contract
  2. Positive action Correct answer.
  3. Direct discrimination
  4. Formal neutrality

Explanation

Positive action is a temporary, proportionate measure intended to correct structural disadvantage and enable equal participation. It differs from discrimination because it aims at substantive rather than merely formal equality.

Question 41Human Rights, Equality and Social Justice

Which ground of discrimination is expressly listed in Article 14 of the European Convention on Human Rights together with sex, race and religion?

  1. Political or other opinion Correct answer.
  2. Height
  3. Dietary preference
  4. Surname

Explanation

Article 14 lists political or other opinion among the prohibited grounds, alongside sex, race, colour, language, religion, national or social origin, property, birth or other status. The open-ended 'other status' has allowed the list to evolve through case law.

Question 42Human Rights, Equality and Social Justice

Which Maltese body is mandated to promote equality and combat discrimination, including on the grounds of race and gender?

  1. The National Commission for the Promotion of Equality Correct answer.
  2. The Malta Broadcasting Authority
  3. The Electoral Commission
  4. The Malta Financial Services Authority

Explanation

The National Commission for the Promotion of Equality (NCPE) is the national equality body tasked with promoting equality and investigating complaints of discrimination. Its remit covers grounds such as gender, race, age, sexual orientation and religion.

Question 43Human Rights, Equality and Social Justice

Which international instrument, adopted in 1979, is dedicated to eliminating discrimination against women in political, economic, social and cultural life?

  1. CEDAW Correct answer.
  2. The Beijing Declaration
  3. The Convention on the Rights of the Child
  4. The Geneva Conventions

Explanation

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is a binding treaty obliging states to eliminate discrimination and ensure women's equal enjoyment of rights. It established a committee that monitors implementation.

Question 44Human Rights, Equality and Social Justice

The principle of non-refoulement protects a person by prohibiting which action by a state?

  1. Detaining a migrant at a border for identity checks
  2. Requiring an asylum seeker to learn the national language
  3. Returning a person to a country where they face a real risk of torture or persecution Correct answer.
  4. Refusing to grant a work permit to an asylum seeker

Explanation

Non-refoulement bars a state from removing a person to a territory where they would face a real risk of serious harm. It is a cornerstone of refugee protection and is also linked to the absolute prohibition of torture.

Question 45Human Rights, Equality and Social Justice

Which body monitors the implementation of the International Covenant on Civil and Political Rights?

  1. The Human Rights Committee Correct answer.
  2. The Human Rights Council
  3. The Committee of Ministers
  4. The International Court of Justice

Explanation

The Human Rights Committee is the treaty body of independent experts that reviews state reports and considers individual communications under the ICCPR and its Optional Protocol. It should not be confused with the political Human Rights Council.

Question 46Human Rights, Equality and Social Justice

Which statement best captures the relationship between rights and duties in a human rights framework?

  1. Rights and duties belong to entirely separate legal systems
  2. Rights exist only where a specific duty is written into a contract
  3. Duties always override rights whenever a state declares a public interest
  4. The exercise of rights carries corresponding responsibilities towards others and the community Correct answer.

Explanation

Article 29 of the UDHR states that everyone has duties to the community and that rights may be limited to secure respect for others' rights. The framework is therefore relational: rights are not absolute licence but are exercised within a community of equal bearers.

Question 47Human Rights, Equality and Social Justice

A law bans a peaceful demonstration solely because the organisers oppose government policy. Which analysis is most consistent with human rights standards?

  1. The ban is lawful because assembly is a privilege granted by the state
  2. The ban is a prima facie interference with freedom of peaceful assembly requiring justification under a limitation test Correct answer.
  3. The ban is lawful because political opinions are excluded from protection
  4. The ban is lawful provided the police announce it in advance

Explanation

Peaceful assembly is a protected right, and a content-based ban is an interference that must be prescribed by law, serve a legitimate aim and be proportionate. Disagreement with government policy is not a legitimate ground for prohibition.

Question 48Human Rights, Equality and Social Justice

Which concept describes the idea that human rights obligations bind states even when they act through private entities or delegated service providers?

  1. Positive obligation Correct answer.
  2. Vertical effect
  3. Horizontal effect
  4. Reservation

Explanation

Positive obligations require a state to take active steps, including regulating private actors, to secure the effective enjoyment of rights. This prevents a state from evading responsibility by outsourcing functions to private bodies.

Question 49Human Rights, Equality and Social Justice

Which statement about derogation from human rights treaties in a public emergency is correct?

  1. Derogation is permitted only in a formally declared emergency threatening the life of the nation, subject to strict conditions Correct answer.
  2. Derogation permanently removes the right from the treaty
  3. A state may derogate from any right, including the prohibition of torture
  4. Derogation requires the consent of every other state party

Explanation

Derogation is exceptional and conditional: there must be a public emergency threatening the life of the nation, a formal proclamation, notification to the treaty body and no discrimination. Certain rights, such as the prohibition of torture, are non-derogable.

Question 50Human Rights, Equality and Social Justice

Which of the following best describes a 'right to a remedy' when a person's rights have been violated?

  1. A symbolic apology that carries no legal consequence
  2. An enforceable entitlement to an effective investigation and redress before a competent authority Correct answer.
  3. A right limited to citizens who can afford legal fees
  4. A discretionary payment made as a favour by the authorities

Explanation

The right to an effective remedy requires access to a competent authority able to investigate the violation and grant redress such as compensation or cessation of the breach. It is guaranteed, for example, by Article 13 ECHR and Article 8 UDHR.