AOS3 - Human Rights

Question 1

Human Rights

Answer 1

Entitlements and liberties that exist for all human beings, irrespective of any personal qualities and characteristics.

These rights are essential for all people to maintain a cohesive society.

Question 2

The Universal Declaration Of Human Rights

Answer 2

A document created in 1948 by the United Nations that sets out the common entitlements that should be afforded to all people across all nations.

• Not a treaty so Not a binding force
• Can influence parliament in making new legislation.

Question 3

What is the United Nations (UN)

Answer 3

An institution created after the ending of WW2 in 1945. The UN was created in order to maintain peace and encourage respect for human rights

Question 4

What Acts have been created since the UDHR

Answer 4

The Equal Opportunities Act 2010 (Vic)
The Racial Discriminations Act 1975 (Cth)

Question 5

Ratification

Answer 5

The formal agreement by a country to bound by the term of a treaty such as the UDHR. This provide time to ensure domestic legislation is consistent with the treaty.

Question 6

Strengths of the UDHR

Answer 6

• Provides a guide for crucial human rights
• The UDHR has been translated into 337 different languages

Question 7

The Australian Constitution

Answer 7

The founding document of Australia that sets out the composition of the Australian parliament, its function and layout, and its powers.

Outlines how Australia is governed
Can only be changed through a referendum
Protects the five express rights

Question 8

The five express rights

Answer 8

• The Right to acquisition of property on just terms.
• The Right to a trial by jury for commonwealth indictable offences.
• The right to free interstate trade
• The right to freedom of religion.
• The right to not be discriminated against based on your state of residence.

Question 9

What is an express right

Answer 9

The five human rights that are explicitly stated in the Australian constitution.
Can only be removed or added during a referendum.
A person can challenge the validity of the law in the High Court if they have standing.

Question 10

Implied rights

Answer 10

A right that is not explicitly stated within the Australian Constitution but the high court has ruled that it is intended to exist based on their interpretation of the meaning of the words written in the Constitution.

A person can challenge the laws validity in the Hight Court so long as they have standing.

Question 11

example of Implied right

Answer 11

Right to vote
Implied freedom of political communication - The High court has found that there is not a general right to free speech but only regarded to political communication

Question 12

The Victorian charter of Human Rights and Responsibilities (VCHRR)

Answer 12

Legislation that aims to protect human rights in Victoria. It requires the Victorian parliament to review bills and determine their compatibility with rights set out in the charter. This then encourages debate if the bill in incompatible with human rights.

• Before a law is passed the MP introducing the law needs to outline how the bill is or is not compatible with the charter.
• The VCHRR requires that, as the supreme law making body, the parliament can pass a law even if it is incompatible with the human rights.
• Includes 20 civil and political rights.

Question 13

Statute law in protecting human rights

Answer 13

Laws crated by the commonwealth and the Victorian parliament protect human rights by making certain discriminations unlawful.
- Establishes the grounds in which it is unlawful to discriminate against someone.
- Statutes outline places where such discrimination is not permitted.
- Establishes expectations
- Sets out remedies for those who have had their rights breached.

Stautute law is parliament made law also known as legislation. Statute law wllrkds to protects human rights by making certain discriminations unlawful. This begins with establishing the grounds at which an action will be considered unlawful, then outlines where such discrimination is unucceptable. Through this, Statute law is establishing expectations and setting out appropriate remedies.

Question 14

Precedent

Answer 14

A legal principle established by a court in a previous case used to guide or authority of cases in similar nature.

Question 15

Statutory interpretation

Answer 15

the process of a court giving meaning to the words in legislation.

Question 16

Common law in protecting human rights

Answer 16

Laws created by judges when resolving a dispute where there is no applicable law, or existing law is unclear.
This process may include statutory interpretation, and the development of precedent.

Through the use of common law, judges are establishing principles that allow human rights to be protected.