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legal studies > 1. nature of development of human rights > Flashcards

1. nature of development of human rights Flashcards

1
Q

define human rights

A

rights that recognise the inherent value of each person, regardless of background, live conditions, appearance, or beliefs.

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2
Q

what are the features of human rights

A

Universal
Indivisible
Inherent
Inalienable - cannot be taken, given up or sold
Interdependent

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3
Q

what are the categories of human rights

A

1st generation - civil and political

2nd generation - economic, social and cultural rights

3rd generation - collective rights

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4
Q

what are first generation rights

A

CIVIL AND POLITICAL RIGHTS

first to be recognised and protect the individual from arbitrary power of power by state.
- right to being free citizen of state
- right to equality before the law
- right to freedom from torture, cruel, and inhumane treatment
- right to freedom of expression

  1. Article 1 -21 of UDHR
  2. International Covenant on Civil and Political Rights 1966
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5
Q

what are second generation rights

A

ECONOMIC, SOCIAL AND CULTURAL RIGHTS
concerned with material and cultural wellbeing
- production and management of necessities
- preserving cultural heritage

  1. Articles 22-30 - UDHR
  2. International Economic, Social and Cultural Rights 1966
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6
Q

what are third generation rights

A

COLLECTIVE RIGHTS
- rights that are international in scope and can only be addressed by global cooperation

emerged in recent years

such as
- environmental rights
- peace rights

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7
Q

how have human rights developed over time

A

through key events contributing to their development and evolution of concepts

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8
Q

what is natural law doctrine and how did it contribute to development of human rights

A

promotion of the idea that humans have fundamental freedoms that cannot be taken away.

  • argues certain rights exist beyond state or gov authority
  • influenced documents emphasising rights cant be violated (UDHR)
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9
Q

what is positivism and how did it contribute to development of human rights

A

laws are valid not because of moral reasoning but due to the authority that enacts them.
- rights must be formally codified to be enforced.
- helps in the practical application of human rights, encouraging states to define, protect, and legislate these rights within their systems.

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10
Q

what is state sovereignty and how did it contribute to development of human rights

A

each state has authority over own affairs

  • can limit enforcement of int human rights laws
  • sovereignty has been balanced with international human rights obligations - some supersede soverignty
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11
Q

what is slavery

A

forced labour in which a person is considered to be the legal property of another.

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12
Q

What was the abolitionist movement?

A
  • Represents shift in values and ethical standards
  • Influenced by ideas of natural rights developed during French and American revolutions
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13
Q

What was the timeline of change for slavery?

A

18th century - abolitionist movement
- transatlantic slave trade
- industrial revolution

19th century - legislative changes
- Emancipation Act UK
- 13th Amendment US constitution

20th century - international measures
- UDHR - article 4

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14
Q

What are some international measures to abolishing slavery?

A
  1. UDHR - article 4
  2. ICESCR - article 7
  3. International Covenant on Civil and Poltical Rights

“no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms”
- Article 4 (UDHR)

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15
Q

current problems with enforcement in slavery

A
  1. State soveringty - not legally binding
    1. Easy to hide it
    2. Easier to decieve people into slavery, without their knowledge
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16
Q

example of slavery case

A

R v. Tang [2008]

Ms. Wei Tang, the first person in Australia convicted of slavery offences, was sentenced to 9 years for forcing five Thai women into debt-bondage in her brothel under restricted freedom, setting a precedent for defining modern slavery.

17
Q

what are trade unions?

A

Trade unions are associations of employees created to protect the rights of workers.

18
Q

what was the timeline for development of trade unions and labour rights?

A
  1. Early 19th Century: Industrial Revolution = harsh working conditions- need for workers to organise.
  2. 1824: The UK repeals the Combination Acts, workers can legally form trade unions.
  3. 1948: The Universal Declaration of Human Rights (Article 23) - right to form and join trade unions
19
Q

What are some international measures to trade unions?

A
  • UDHR - Article 23 - everyone has the right to form and join a trade union
  • ICESCR - article 7 and 8 - right to join a trade union, strike, safe work conditions and wages.
  • ICCPR - Article 22 - right to freedom of association
20
Q

What difficulties do trade unions still face?

A
  • Protecting the rights of workers in countries where the law does not protect workers (restrict unions)
  • Where government permission needed before a strike
21
Q

What is self determination?

A

Self-determination is the right of people, especially indigenous people, to determine their own destiny and government.
Hard to get because of state sovereignty and rule of law

22
Q

What are key dates of self determination?

A
  1. 1945 – UN Charter Article 1(2) calls for respect for the principle of self-determination.
  2. 1966 – The ICESCR Article 1(1) states all peoples have the rights of self-determination.
  3. 2007 – The UN adopted the Declaration of the Rights of Indigenous Peoples
23
Q

what are international documents protecting right to self determination?

A

article 1 - International Covenant on Civil and Political Rights
Article 1 - International Covenant on Economic, Social and Cultural Rights

Articles 3,4,5 of Universal Declaration of Human Rights - right to shape our lives according to personal values and beliefs

24
Q

what are some current problems with enforcement of self determination rights?

A
  • culture differs between families
  • hard to detect - people don’t report or are manipulated
  • oppressive governments - state sovereignty (china, NK)
25
Q

what is universal suffrage?

A

Universal suffrage is the individual right for any person to vote in a democratic election regardless of status, gender, race or creed.

26
Q

What is the timeline of universal suffrage?

A
  1. 1832 - 1 in 10 has suffrage with only male land-owners able to vote.
  2. 19th century - demands for suffrage increase but still restricted.
  3. People Act 1918 (UK) - extended vote to men aged over 21 and women over 30
  4. 1928 - all men and women over 21 in UK achieved suffrage.
27
Q

international measures for universal suffrage?

A
  • UDHR - Article 21 - “universal and equal suffrage and shall be held by secret vote or voting procedures”
  • ICCPR - Article 25 - “right to vote
28
Q

current problems with enforcement of universal suffrage

A
  • Not everyone globally has access to free and fair voting rights
  • Discriminatory policies such as issues on status, race, and gender, have historically limited the right to vote.
29
Q

specifci example of struggles with universal suffrage

A

Australia’s treatment of Indigenous peoples
- First nations peoples experienced delays in achieving voting rights
- Struggle with political representation and participation

legal studies (8 decks)

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