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Legal studies > HR-Promoting and enforcing HR > Flashcards

HR-Promoting and enforcing HR Flashcards

1
Q

What is a State

A

An independent country

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2
Q

What is a Nation

A

People that share common heritage, language or culture

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3
Q

Define state sovereignty

A

The exclusive authority and autonomy of a state to govern itself without interference from external entities

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4
Q

Evidence for State Sovereignty

A
  • Education Act 1990 (cth)
  • Article 13, ICESCR
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5
Q

United nations aim

A
  • Maintain international peace and security
  • Develop friendly relations among nations
  • Achieve international cooperations
  • Provide a forum for resolving disputes between nations
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6
Q

What created the UN

A

Created in 1945 by the UN charter after WWII to promote human rights and stop wars from breaking out like WWII

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7
Q

Evidence for UN

A
  • UDHR (1948)
  • Russia economic sacntions
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8
Q

What is the Human Rights Council

A

Institutions that comprised of various member states, often geopolitical alliances, created in 1980

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9
Q

What established the ICC

A

Established in 2002 in the Hauge, developed through the Rome Statute (1998). Has jurisdiction to prosecute individuals who commit genocide, crimes against humanity, war crimes and crimes of aggression

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10
Q

Evidence for ICC

A

Al Hassan case (2018)

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11
Q

What established the ICJ and what do they do

A

Organ of the UN, established in the Hague in 1946, hears and judges disputes between states and provide advisory opinions on matters of international law

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12
Q

Evidence for ICJ

A

South Africa v Israel (2023)

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13
Q

Why are Ad Hoc Tribunals created

A

Established to prosecute international crimes related to particular events, these international crimes involve the violation of fundamental human rights established by international law

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14
Q

Evidence for Ad Hoc Tribunals

A
  • “on 9 Jan 1977, ICTR held its first case”- ‘Satute of the ICTR’ (UN, 2023)
  • ICTR was set up in 1994
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15
Q

Outline the United Nations Human Rights Committee

A

Established by the ICCPR, UN body with 18 experts, 172 state parties, makes recommendations to nation states

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16
Q

What is one Non-Gov organisation

A

Amnesty International

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17
Q

Outline the role of Amnesty International

A

Focused on HR, the org says it has more than 10 million members and supporters. Created to launch an appeal in Britain with the aim to obtain an amnesty for prisoners of conscience all over the world in 1961

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18
Q

Evidence for Amnesty International

A

“Amnesty International investigates war crimes in Gaza crisis”-(Amnesty.org.au,2023)

19
Q

Where is the impartial media recognised

A

Art 19 UDHR

20
Q

An example of a treaty enacted

A

International Criminal Court Act 2001 (cth)
from the Rome statute

21
Q

what does the Aus Constitution do

A

Lays out the system of Australia’s Government. Protects specific HR such as expressed rights ad implied rights.

22
Q

list 3 expressed rights in the constitution

A
  • Freedom to religion (s116)
    -Trial by Jury for indictable offences (s80)
  • Right to vote (s41)
23
Q

Evidence for Implied rights

A

Lange V ABC (1997)
–> implied right to freedom of political communication

24
Q

List the Divison of powers

A

Exclusive - Federal
Residual - State
Concurrent - Both

25
Q

List the Separation of powers

A

Legislative
Executive
Judicial

26
Q

How does DOP promote HR

A

Harmonisation protects HR

27
Q

How does SOp promote HR

A

Holds Government Sections responsible –> checks and balances

28
Q

How does the Constitution enforce HR

A

Federal parliament signs treaties into domestic law, states can not overrule

29
Q

What is Statute Law

A

Laws passed through parliament

30
Q

Give 2 examples of Statute Law

A
  • Fairwork Act 2009 (Cth)
  • Education Act 1990 (Cth)
31
Q

What is common law

A

Based on precedents

32
Q

evidence for Common law

A

Dietrich v The Queen (1992)

33
Q

when and what formed the HCA

A

1901, under Section 71 of the Australian constitution.

34
Q

What is the role of the HCA

A

Interprets and apply the law, check federal legislation and hear appeals from all lower courts

35
Q

Evidence for HCA

A

Roach v Electoral Commissioner (2007)

36
Q

outline the Australian Human Rights Commission

A

Quasi-Judicial tribunal, has authority to investigate complaints of HR violations, holds hearings and make determinations, does not have the power to enforce

37
Q

Evidence for Australian Human Rights Commission

A

“67% participants view the right to freedom as being moderately, slightly or not at all protected”-‘3 key issues emerging from the constitution’(AHRC, 2023)

38
Q

What is a non-governmental org in Australia

A

Amnesty international Australia

39
Q

What is the evidence for Amnesty International Australia

A

“Amnesty International Australia holds concern for health of these individuals”-‘unsafe offshore detention facilities mean Asylum seekers must be processed in Australia’(Amnesty.org.au,2024)

40
Q

What is a charter of rights

A

A list of all the human rights a nation state thinks are important and deserving of specific legal protection

41
Q

Why does Australia not have a Charter of rights

A

There is already an adequate protection of Human rights in Australia. Further it will take a referendum to establish a charter of rights

42
Q

Arguments for a Charter of Rights

A
  • Fix the short comings of existing protection
  • Helps people understand their rights
  • Supporting a culture in regards to human rights
43
Q

Arguments against a Charter of Rights

A
  • The current protection of HR are adequate
  • Major economic cost
  • Undermine traditional
    Parliamentary sovereignty, includes transferring legislative power to unelected judges

Legal studies (12 decks)

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