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International Human Rights Law Question Paper
International Human Rights Law
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2013
KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2013/2014
FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS
LIL 405: INTERNATIONAL HUMAN RIGHTS LAW
DATE: WEDNESDAY 18TH DECEMBER 2013 TIME: 9.00A.M.- 11.00 A.M.
INSTRUCTIONS:
1)Answer question ONE and any other TWO questions
2)You will be penalised for failing to answer question ONE
3)Support your answer with relevant case law, statutes and any other relevant references
4)Write neatly and legibly
5)Your answer sheet must bear your student registration number
QUESTION ONE
You have been assigned as the key legal researcher for the new Principal Secretary in charge of Constitutional Affairs at the office of the Attorney General of kenya. Your first assignment is to help your boss with an out of country assignment; a trip and a presentation in an international human rights conference in Geneva in the next three weeks. She is scheduled to make a key note address on the topic "Kenya''s International Human Rights Obligations: Content, Challenges and opportunities under a new constitutional dispensation".
Write down your brief.(30 marks)
QUESTION TWO
"All Human Rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner and on the same footing and with same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States regardless of their political, economic and cultural systems to promote all human rights and fundamental freedoms." Paragraph 5, Vienna Declaration and Programme of Action 1993
Outline and discuss the debate between the different schoolsof thought that support and criticize this position set out by the declaration.(20 marks)
QUESTION THREE
Discuss the unique features of the African Charter on Human and Peoples Rights and its unique contribution (if any) to the enforcement of international human rights in African countries. (20 marks)
QUESTION FOUR
The World Health Organization (WHO) has recommended that Neverapine be made available to HIV positive mothers and newborns to reduce mother to child transmission. In clinical trials, a single dose administered to the mother before childbirth and a single dose administered to the child after birth shows dramatic results. A dose of Neverapine is estimated to cost Kshs. 1,000/-. Independent studies show that in the long term, the cost associated with treating young children infected with HIV for related illnesses such as pneumonia could run as high as Kshs.10,000/-. WHO has negotiated with drug companies for a 75% price cut for the Government of Kenya. The Government of Kenya welcomes the price cut offered to it but maintains that the cost of the drugs is out of its reach, especially as it has cut its health budget due to increased expenditure on security. The government insists that within the limited resources available to it, the most cost effective instrument is an educational campaign which it is already running.
You have been instructed by a health rights NGO to advise the government on its legal duties in regard to this situation and the extent to which the measures adopted are consistent with the government''s international human rights obligations. Advise. (20 marks)
QUESTION FIVE
Write detailed explanatory notes on any TWO(2) of the following:
a)The difference between International Human Rights Law and International Humanitarian Law (10 marks)
b)The difference between International Human Rights Law and International Criminal Law (10 marks)
c)Derogable and Non-derogable Rights (10 marks)
d)Violation of International Human Rights by non-state corporate actors (10 marks)
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