HR-Promoting and enforcing HR Flashcards
What is a State
An independent country
What is a Nation
People that share common heritage, language or culture
Define state sovereignty
The exclusive authority and autonomy of a state to govern itself without interference from external entities
Evidence for State Sovereignty
- Education Act 1990 (cth)
- Article 13, ICESCR
United nations aim
- Maintain international peace and security
- Develop friendly relations among nations
- Achieve international cooperations
- Provide a forum for resolving disputes between nations
What created the UN
Created in 1945 by the UN charter after WWII to promote human rights and stop wars from breaking out like WWII
Evidence for UN
- UDHR (1948)
- Russia economic sacntions
What is the Human Rights Council
Institutions that comprised of various member states, often geopolitical alliances, created in 1980
What established the ICC
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
Evidence for ICC
Al Hassan case (2018)
What established the ICJ and what do they do
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
Evidence for ICJ
South Africa v Israel (2023)
Why are Ad Hoc Tribunals created
Established to prosecute international crimes related to particular events, these international crimes involve the violation of fundamental human rights established by international law
Evidence for Ad Hoc Tribunals
- “on 9 Jan 1977, ICTR held its first case”- ‘Satute of the ICTR’ (UN, 2023)
- ICTR was set up in 1994
Outline the United Nations Human Rights Committee
Established by the ICCPR, UN body with 18 experts, 172 state parties, makes recommendations to nation states
What is one Non-Gov organisation
Amnesty International
Outline the role of Amnesty International
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
Evidence for Amnesty International
“Amnesty International investigates war crimes in Gaza crisis”-(Amnesty.org.au,2023)
Where is the impartial media recognised
Art 19 UDHR
An example of a treaty enacted
International Criminal Court Act 2001 (cth)
from the Rome statute
what does the Aus Constitution do
Lays out the system of Australia’s Government. Protects specific HR such as expressed rights ad implied rights.
list 3 expressed rights in the constitution
- Freedom to religion (s116)
-Trial by Jury for indictable offences (s80) - Right to vote (s41)
Evidence for Implied rights
Lange V ABC (1997)
–> implied right to freedom of political communication
List the Divison of powers
Exclusive - Federal
Residual - State
Concurrent - Both
List the Separation of powers
Legislative
Executive
Judicial
How does DOP promote HR
Harmonisation protects HR
How does SOp promote HR
Holds Government Sections responsible –> checks and balances
How does the Constitution enforce HR
Federal parliament signs treaties into domestic law, states can not overrule
What is Statute Law
Laws passed through parliament
Give 2 examples of Statute Law
- Fairwork Act 2009 (Cth)
- Education Act 1990 (Cth)
What is common law
Based on precedents
evidence for Common law
Dietrich v The Queen (1992)
when and what formed the HCA
1901, under Section 71 of the Australian constitution.
What is the role of the HCA
Interprets and apply the law, check federal legislation and hear appeals from all lower courts
Evidence for HCA
Roach v Electoral Commissioner (2007)
outline the Australian Human Rights Commission
Quasi-Judicial tribunal, has authority to investigate complaints of HR violations, holds hearings and make determinations, does not have the power to enforce
Evidence for Australian Human Rights Commission
“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)
What is a non-governmental org in Australia
Amnesty international Australia
What is the evidence for Amnesty International Australia
“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)
What is a charter of rights
A list of all the human rights a nation state thinks are important and deserving of specific legal protection
Why does Australia not have a Charter of rights
There is already an adequate protection of Human rights in Australia. Further it will take a referendum to establish a charter of rights
Arguments for a Charter of Rights
- Fix the short comings of existing protection
- Helps people understand their rights
- Supporting a culture in regards to human rights
Arguments against a Charter of Rights
- The current protection of HR are adequate
- Major economic cost
- Undermine traditional
Parliamentary sovereignty, includes transferring legislative power to unelected judges
