HR-The nature and development of HR Flashcards
Define Human rights
Entitlements that we deserve to enjoy simply by virtue of our humanity
What are the 5 characteristics of Human rights
- Universal
- Inalienable
- Inherent
- Indivisible
- Interdependent
What is Natural Law
A theory that certain laws come from an unchanging natural body of moral principles that are the basis for all human conduct, and so have validity everywhere
What is the significance of the Magna Carta (1215)
First written document that outlines human rights. Also set the rule of law. Later documents were also influenced by the Magna Carta.
What is the significance of the English Bill of Rights (1688)
Outlined individual rights such as freedom to elect parliament and access to a fair trial. Transferred power from the monarchy to parliament.
What is the significance of the US Bill of Rights (1791)
Based on the theory of natural law. Implications of judicial review to make sure all rights are being held up.
Evidence for The abolition of slavery
- Slavery abolishment Act 1833 (UK)
- Article four, UDHR
- The Queen v Wei Tang (2006)
Evidence for Trade unionism and Labour rights
- International Labour organisation (1919)
- Fair work Act 2009 (Cth)
Evidence for Universal Suffrage
- People Act 1918 (UK)
- Article 21, UDHR
- Commonwealth electoral Act 1918 (Cth)
Define the International Bill of Rights
United nations human rights policies that define and protect human rights
Describe the UDHR (1948)
Sets out the basic rights and freedoms that apply to all people, set up in 1948 after the result of WWII
List 5 rights the UDHR protects
- Right to equality
- Freedom from discrimination
- Right to life, liberty, and personal security
- Freedom from slavery
- Freedom from torture and degrading treatment
How has the UDHR contributed to the development of human rights
- Foundation for International HR laws
- Created universal principles
- Inspiration for treaties such as ICESCR and ICCPR (1966)
- Global advocacy
What does the ICCPR (1966) stand for
International covenant on Civil and Political Rights (1966)
Describe the ICCPR (1966)
Lists HR issues and rules to protect them in accordance to civil and political rights
List 5 rights the ICCPR (1966) protects
1.Right to life (art 6)
2. Freedom from medical experimentation (art 7)
3. Freedom from slavery (art 8)
4. Right to self determination
5. No derogation (art 4)
How has the ICCPR contributed to the development of human rights
- Creates legal enforcement upon countries that signed
- Monitoring mechanism, makes sure there are no breaches (Human rights committee)
- Promotes HR
- Global advocacy
What does the ICESCR (1966) stand for
International Covenant on Economic, Social and Cultural Rights (1966)
Describe the ICESCR (1966)
Lists human rights issues and rules to protect them in accordance to economic, social and cultural rights
List 5 rights the ICESCR (1966) protects
- Right to work (art 6)
- Right to have self-determination (art 1)
- Ensure equal rights of men and women (art 3)
- Right to social security (art 9)
- Right of an adequate standard of life (art 11)
How has the ICESCR (1966) contributed to the development of human rights
- creates a framework for human rights
- creates legal obligations to signatory countries
- creates awareness