Human Rights Flashcards
Human Rights
All human beings are born equal with inalienable rights and fundamental freedoms.
They are based on dignity, equality, and mutual respect - regardless of your nationality, your religion or your beliefs.
The Four Criteria of Human Rights
Universal, inalienable, indivisible, and interdependent.
Magna Carta
Meaning ‘The Great Charter’ in Latin and was signed by King John of England in 1215. Stated that everybody was subject to the rule of law and provided rights to (a select group of people), including the right to a fair trial.
Assisted the United Nations in declaring the UDHR, by providing fundamental principles for present society.
Civil and Political Rights
Rights that protect individuals and politics.
Such as the right to freedom of speech or the right to vote.
Is currently protected by the ICCPR.
International Covenant on Civil and Political Rights (1966)
Is a multilateral treaty signed by the United Nations, which
provides a wide range of human rights, such as the rights to freedom from torture and other cruel, inhumane, or degrading treatment or punishment and fair trial.
Was adopted on the 16th of December 1966.
Economic, Social, and Cultural Rights
Rights that protect the economic, social, and cultural values.
Such as the right to work or form unions.
Currently, these rights are protected by the International Covenant on Economic, Social, and Cultural Rights.
International Covenant on Economic, Social, and Cultural Rights (1966)
Is a multilateral treaty adopted by the United Nations, which ensures the equal right of men and women to the enjoyment of all economic, social, and cultural rights.
Was adopted on the 16th of December 1966.
Multilateral Treaty
Is a treaty which two or more sovereign states are parties to. In this treaty, both parties owe the same obligations to all other parties.
Bilateral Treaty
Is a treaty strictly between two state entities. Often is an agreement made by two parties after negotiating. They are typically established in writing and signed by representatives of the parties.
The United Nations
Was founded in 1945, shortly after the end of WWII.
Is made up of 193 member states, who strive together to find shared solutions on common problems worldwide.
Collective Rights
Rights that protect individuals with ‘fraternity’ or ‘solidarity’ rights.
Such as the rights to a healthy environment, the rights to peace, or the right to food security.
Also used as a term to describe rights held by a group of people. Such as a minority group.
Individual Rights
Rights that are held by individual people.
Covenant
It is a binding agreement between states, used alongside Convention and Treaty.
Sovereignty
It is a concept that a government exercises full control over the affairs of a particular region or geographic area.
Signatory
Is a term used to describe a stakeholder such as a state, who is in support of a treaty and is willing to engage with a treaty.
Convention
Is similar to a treaty, but is typically based on more specific matters.
Often used synonymously with treaties, charters, covenants, protocols, and/or statutes.
Ratification
Is the process of fully adopting the obligations of a treaty or covenant into law.
Bill of Rights
Is a declaration of rights, that outline the legal and civil rights of people in a country, state, and/or territory.
Australia does not currently have one.
Accession
Is a term used to describe when a state or stakeholder enters into an existing treaty or covenant.
Reservation
Is a term used to describe when a state or stakeholder does not want to be bound by all obligations of a treaty or covenant, and rather ratifies only parts of a treaty.
United Nations Security Council
Is the main organ providing oversight of the United Nations.
Is made up of five permanent member countries, Russia, the United States of America, France, Great Britain, and the Republic of China. While also having 10 non-permanent interchangeable member countries.
Attempts to ensure security and international peace. They attempt to resolve international conflict.
Recommends and advises which countries become members of the larger General Assembly.
United Nations General Assembly
Considered the main-policy making division of the United Nations.
Currently headed by Abdulla Shahid, it is responsible for being the main deliberative, policymaking, and representative organ of the UN.
It’s powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter.
United Nations Secretariat
Undertakes the day-to-day goings of the United Nations, Headed by a Secretary-General.
Recruits staff members internationally to work in duty stations and complete peace-keeping missions.
United Nations Trusteeship Council
Ceased operation in 1994, but initially was tasked with ensuring that adequate steps were taken to prepare Trust Territories for self-government independence.
United Nations Economic and Social Council
Is intended to coordinate the economic and social work of the United Nations and the UN family organizations.
The ECOSOC has a direct link to civil society through communications with nongovernmental organizations (NGOs).
Consisted of 54 members, which are elected by the General Assembly for terms of three-years.
International Court of Justice (ICJ)
Is known as the world court and is responsible for settling, in accordance with international law and legal disputes, while also providing advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
Is composed of 15 judges, which are elected by the General Assembly and the Security Council for terms of nine-years.
Universal Declaration of Human Rights
A 1948 statement in which the United Nations declared that all human beings have rights.
These rights can be, civil, political, economic, social, and cultural.
International Bill of Rights
Is made up of three collective conventions and declarations such as the ICCPR, UDHR and the ICESCR.
UN Human Rights Committee
Is a body of independent experts that monitor the implementation of treaties by state parties.
The Secondary Optional Protocol to the ICCPR (1990)
The purpose of this protocol was to eliminate the death penalty. Australia agreed be bound by this in the early 1990s.
The Optional Protocol to the International Covenant on Economic, Social, and Cultural Rights (2008)
Is a protocol which allows the Committee on Economic, Social, and Cultural Rights to consider complaints from individuals or groups who claim their rights under the ICESCR have been violated. It also provides a procedure for inter-state complaints to be investigated and an inquiry procedure.
Principal Covenant
It is a term used to describe the most primary pieces of covenant. These include the ICCPR and the ICESCR.
Parliamentary Scrutiny Act 2011 (Cth)
The purpose of this act is to ensure that future bills proposed in Commonwealth Law are consistent with the obligations which Australia as signed or agreed to.
It outlines that MPs must provide a Statement of Compatibility when proposing future laws, in order to ensure that the law does not contravene treaties or conventions previously signed.
Common Law
It is law that is established by judges and rulings of other trials or tribunals. They often become statute law when passed by parliament but are otherwise referred to as precedent.
Customary Law
Is law based on indigenous tradition and the customary practices of indigenous societies; usually utilised in the Murri Court and used when sentencing indigenous offenders.
Refugee
Someone who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to, or owing to such fear, is unwilling to avail himself of the protection of that country.”
Convention Relating to the Status of Refugees (1951)
Was created in 1951 after an increase in displacement of people, due to WWII. Entering into force on the 22nd of April 1954 worldwide and Australia shortly after, the convention outlined the definition of a refugee as well as creating a principle that signatories cannot send refugees back to countries where they face persecution.
Migrant
A person who moves to a country willingly, typically to pursue better opportunities rather than fleeing from persecution.
Migration Act 1958 (Cth)
It was an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system and was Australia’s response to the Convention Relating to the Status of Refugees.
Since 1992, Australia has had a system of mandatory detention. This was outlined in this act and is a system which has been supported by both major parties.
United Nations High Commissioner for Refugees
A UN agency that seeks to protect refugees as well as to respond to refugee problems. It generally supervises and protects refugees globally, and began in 1950.
Protocol Relating to the Status of Refugees (1967)
This protocol was an amendment to the 1951 Convention Relating to the Status of Refugees, it was acceded by Australia in 1973.
The protocol removed reference to time and location in recognition that there are people who since 1951 have become displaced.
Convention on the Rights of the Child (1990)
This convention covered the specific needs of children within civil, political, economic, social, health and cultural spheres.
Globally entering into force on the 2nd of September 1990, and ratified by Australia in the same year, the convention contains 54 articles. Most articles set out the specific right a child has.
It further outlined that children should be treated equal, all decisions should be made in the best interests of the child, and that children should have moderate autonomy.
Discrimination
A term used to describe when an individual or group,’…is treated less favourably than another person or group because of their background or certain personal characteristics.’
Convention on the Elimination of all forms of Racial Discrimination (1966)
It was written in 1966 and outlined the definition of racial discrimination while also condemning racial discrimination, segregation, apartheid and more.
Racial Discrimination Act 1975 (Cth)
Is an act which incorporates Australia’s treaty obligations under the CERD, into domestic legislation.
The main aims of the Act are to: promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin, make discrimination on the basis of race, colour, descent or national or ethnic origin, unlawful; and provide protection against racial hatred.
Parliamentary Joint Committee on Human Rights
Is a committee with the main function to examine bills coming before the parliament for compatibility with human rights and to examine current acts for compatibility with human rights. It also deals with referrals from the Attorney-General regarding Human rights issues.
Convention on the Elimination of all forms of Discrimination Against Women (1979)
It is a convention which supports the key ideas of the international bill of rights. With a purpose to set out the steps and articles to eliminate discrimination against women. It is commonly referred to as ‘an international bill of rights for women’.
Optional Protocol to the Convention on the Elimination of all forms of Discrimination Against Women (1999)
Is an optional protocol which allows people to complain to the Committee on the Elimination of Discrimination Against Women.
Was signed by the Australian Government in 2009.
Sexual Discrimination Act 1984 (Cth)
Is an act which prohibits discrimination on a number of grounds, including sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy, breastfeeding and family responsibility in areas of employment, education, accommodation and more.
Convention on the Rights of Persons with Disabilities (2006)
Is a convention which aims to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.
Optional Protocol to the Convention on the Rights of Persons with Disabilities
Allows individuals or groups of individuals to file a complaint to the Committee on the Rights of Persons with Disabilities.
Disability Discrimination Act 1992 (Cth)
Is an act which provides protection for everyone in Australia against direct and indirect discrimination on the basis of disability.
Non-refoulment
The practice of not forcing refugees or asylum seekers to return to a country in which they are liable to be subjected to persecution.
Civil Proceedings
Adversarial disputes settled before the court.
Criminal Proceedings
Criminal trials to prosecute an individual.
Express Rights
Rights that are stated in the Australian Constitution. Express rights are entrenched, meaning they can only be changed by referendum.
Implied Rights
Rights not expressly stated in the Australian Constitution but are considered to exist through interpretation by the High Court.
The Right to Equality before the Law
You have a right to be protected and treated equally by the law without discrimination of any kind, a fundamental right stemming from the legal principles of the Magna Carta.
The Right to a Fair Trial
The ICCPR sets out the fundamental legal right that all human beings shall have the right to a fair trial.
Trial by Jury
The right of a person to be tried by a jury, or a group of citizens, to decide if the person is guilty or innocent of committing a crime.
The Right to Silence
The right not to answer questions pre-trial in an investigation, and the right of an accused person not to give evidence in his or her defence.
Double Jeopardy
A rule which provides that no one shall be tried or punished for a crime for which he/she has already been finally convicted or acquitted in accordance with the law.
The Right to Legal Representation
A right which is stated within Article 11 of the UDHR and claims that everyone charged with an offence has the right to be presumed innocent until proven guilty in a trail which he has had all the guarantees necessary for his defence.
The Right to Free Speech
A fundamental freedom in a free and democratic society which allows everyone to have freedom of opinion and expression. The right to freedom of opinion and expression is contained in articles 19 and 20 of the ICCPR. This right is not stated in the Constitution.
The Right to Protest and the Freedom of Assembly
A fundamental right which allows people to have the protest peacefully.
Freedom from Discrimination
A right which protects people from discrimination. This freedom upheld within Australia through the, Racial Discrimination Act, the Sex Discrimination Act, the Disability Discrimination Act, the Fair Work Act, and more.
Right to Democratic Representation
A fundamental right within a democratic society which grants all people the right and opportunity to take part in public affairs, vote, and be elected.
It is currently upheld within the Electoral Act 1918 and the Australian Constitution.
Right to Freedom of Religion
A right which allows people to practice freedom of religion and ideology. It is protected by s116 of the Constitution.
Lobbying
A manner in which individuals attempt to influence laws to be created, amended, or repealed.
Accountability
Human rights are protected throughout Australia through the various bodies, organisations, and individuals that monitor compliance of the Government. Such as lobbyists or commissions.
Statutory Bodies
Human rights bodies which are created through legislation and promote and protect human rights.
Australian Human Rights Commission
An independent statutory organisation that works to protect and promote the human rights of people, including within the workplace.
Was established with federal legislation in 1986 and is made up of a president and seven commissioners.
Australian Law Reform Commission
An independent federal statutory body which provides recommendations for law reform to the government on issues referred to it by the Attorney-General.
Established through legislation in 1996.
Queensland Law Reform Commission
A statutory body which works similarly to the Australian Law Reform Commission but rather in a state level, within Queensland.
