Area 3 - Human Rights

Question 1

Define human rights

Answer 1

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

Question 2

Define United Nations

Answer 2

an intergovernmental organisation
that aims to promote better living
standards and human rights, maintain
international peace and security,
and develop friendly relations
among nations.

Question 3

define Convention 

Answer 3

an agreement signed
between two or more countries that
are usually open to participation
from the international community
as a whole, or from a large number
of countries. This is also known as
a treaty

Question 4

define Declaration 

Answer 4

a non-binding agreement
between two or more countries that
establishes the aspirational rights
and obligations that parties to the
agreement seek to enforce.

Question 5

define Universal Declaration of Human Rights

Answer 5

(UDHR) a document created by
the United Nations that sets out the
common entitlements that should
be afforded to all peoples across
all nations.

Question 6

define ratification

Answer 6

the formal agreement or
undertaking by a country to be bound
by the terms of an international treaty,
which provides the country time
to ensure domestic legislation
is consistent with the treaty.

Question 7

define member state

Answer 7

a country that is a
member of the United Nations, who
has accepted, and is obliged to carry
out the obligations of the United
Nations Charter

Question 8

UDHR strengths

Answer 8

Acts as an international bill of rights by providing a guide for
crucial human rights entitlements that everyone deserves.
* The UDHR has been translated into 337 different languages,
indicating its global significance as governments from across
the world are all able to, and actively want to, comprehend
the Declaration and implement the text accordingly.
* Acted as the origin point of several international treaties
and conventions that have come into force since the UDHR,
including the:
– Convention on the Elimination of All Forms
of Discrimination Against Women (1979)
– Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (1984)
– Convention on the Rights of the Child (1989).
* The UN studies the behaviour of States regarding human
rights, through the Office of the High Commissioner for
Human Rights (OHCHR) body, and then reports back to
recommend where changes are needed. This holds countries
accountable for their actions, and guides governments as to
what legislative change they must implement.

Question 9

UDHR limits

Answer 9

The UDHR is challenged by cultural differences that
exist across countries. Some argue that, due to different
cultural and religious ethical standards or practices, global
standards cannot be created that apply to everyone, whilst
simultaneously respecting religious identities.
* There are limited mechanisms by which UN Member States
and international organisations can enforce compliance with
international law.
* International declarations, including the UDHR, are not
legally binding as no States can sign or ratify the UDHR.
This means countries will not face legal consequences for
failing to uphold the principles established in a declaration.
* The UN agencies that regulate a country’s adherence to the
UDHR receive little funding, therefore, it is difficult to enforce
the Declaration across all countries.

Question 10

define Australian Constitution 

Answer 10

the founding
document of Australia that sets out
the composition of the Australian
Parliament, its function and layout,
and its power

Question 11

define referendum

Answer 11

a compulsory national
vote in which everyone on the electoral
roll votes ‘yes’ or ‘no’ to alter the
Australian Constitution.

Question 12

define express rights

Answer 12

the five human rights
that are explicitly stated and entrenched
in the Australian Constitution.

Question 13

define standing

Answer 13

the requirement that, in order
to bring a case to court, an individual
or group must be affected by, or have
a special interest in, the issues involved
in the case.

Question 14

what are the five express rights?

Answer 14

-the right to be not discriminated against based on your state of residence
-the right to acquisition of property on ‘just terms’
-the right to freedom of religion
-the right to free interstate trade
-the right to trial by jury for Commonwealth indictable offences

Question 15

express right- acquisition of property on ‘just terms’ STRENGTHS

Answer 15

The Commonwealth cannot pass a
law taking a person’s or company’s
land or possessions unless ‘just
terms’ are provided.

Question 16

express right- acquisition of property on ‘just terms’ LIMITS

Answer 16

Section 51(xxxi) does not prevent
the Commonwealth from acquiring
property from Australian citizens.
* There is no specification or
statement on what constitutes
‘just terms’, potentially leading to
some unsatisfactory outcomes for
landowners.
* This section does not apply to the
states. There is no enshrined law
ensuring states provide just terms
when acquiring property from a
person or business. However, many
states have created legislation
ensuring the acquisition of property
is on ‘just terms’. Therefore, this
limitation is minor as legislation still
exists in states to protect this right,
despite the right not being applicable
to states under the Constitution

Question 17

express right- trial by jury for a Commonwealth indictable offence STRENGTHS

Answer 17

This section guarantees a jury trial for individuals charged
with an indictable offence under Commonwealth law.
* The Commonwealth cannot legislate to have indictable
offences tried by a judge alone. This can ensure trials are fair.

Question 18

express right- trial by jury for a Commonwealth indictable offence LIMITS

Answer 18

Many criminal offences are created by state laws,
not Commonwealth law.
* Section 80 does not prevent states from passing laws to have
serious offences tried by judges alone.
* When the Commonwealth passes a law creating a criminal
offence, the new law states whether that crime is to be tried
as an indictable offence, with a jury, or as a summary offence,
by a judge alone. In other words, it can pass a law creating
a new criminal offence, even a very serious criminal offence,
and state in the legislation the crime is to be tried summarily
by a judge alone. This is a way around the operation of s 80.