Human Rights Flashcards

1
Q

Human Rights

Definition and Features

A

*Basic entitlements and freedoms that belong to all humans

  • Universal
  • Inalienable
  • Inherent
  • Indivisible
  • UDHR - 1948
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2
Q

Types of Human Rights

Civil and Political Rights

International covenant of Civil and Political Rights - 1966

A
  • First generation
  • Individual rights
  • Citizenship, freedom of thought and religion, government participation
  • UDHR (1-22) ICCPR
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3
Q

Types of Human Rights

Economic, Social and Cultural Rights

International Covenant of Economic, Social and Cultural Rights

A
  • Second Generation
  • Individual rights
  • material and cultural wellbeing of citizen
  • development, education, culture
  • UDHR (23-30) and ICESCR
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4
Q

Types of Human Rights

Collective Rights

A
  • Third Generation
  • Group rights
  • Self governance and self determination, environmental and peace rights
  • Specific treaties and agreements (Nuclear Non Proliferation Treaty 1968, Paris Agreement 2015)
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5
Q

Developing recognition

A
  • Philosophers and social customs seen as acceptable
  • Magna Carta - 1215
  • Enlightenment Period - 1600s questioning of social and political order
  • Historical Documents - US Declaration of Independence - 1776
  • UDHR 1948
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6
Q

Slavery

“Forced labour where a person is considered to be legal property”

A
  • Transatlantic slave trade - non christian slaves
  • Abolitionism in the 18th century
  • Slave Trade Act 1807 in UK, US in 1808
  • Slavery Abolition Act UK fully abolished slavery, US followed in 1861
  • Around 50 million people enslaved worldwide today
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7
Q

Trade Unionism and Labour Rights

A
  • Industrial revolution - unsafe working conditions in the 1800s
  • Trade Union ACt 1871 UK - legal status of trade unions
  • ICESCR articles 23 and 24
  • ILO - International Labour Organisation to improve working conditions
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8
Q

Universal Suffrage

“Universal right to vote”

A
  • Males who rented land of a certain value, householders etc until 1918
  • Adult male population - Representation of the people act 1918 UK
  • 1902 - New Zealand first country to give women
  • US and UK followed along with Indigenous peoples right to vote
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9
Q

Universal Education

A
  • European churches took the role of educators for all
  • Malala Yousafzai - activist for universal education without gender and racial discrimination
  • Education Act 1870 UK
  • 2015 Sustainable Development Goals
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10
Q

Self Determination

A
  • Collective right of people to choose how they are governed
  • Treaty of Versailles 1919
  • Declaration of the UN 1942
  • UN Charter 1945 - recognition of self determination
  • ICESCR
  • Also applies to Indigenous peoples’ self determination (US)
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11
Q

Environmental rights

A

*Right to satisfactory and healthy environment; obligation of governments to protect and preserve environment

  • African charter on Human Rights (1981), Stokholm and Rio Declaration (late 1900s) and Koto protocol (1997)
  • UN climate change conference 2015 Paris agreement

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12
Q

Peace Rights

A
  • right of citizens to expect government to maintain peace
  • UN resolution Declaration on rights of people to peace
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13
Q

promoting and enforcing human rights

A
  • Cannot be enforced until signed and ratified
  • State sovereignty issues
  • UNSC - veto powers and disagreements
  • UNGA - Resource inefficiency
  • ICJ - No official court jurisdiction, only advice
  • IGOs - States with common interests, AUKUS security pact
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14
Q

Media

A
  • Pressure governments
  • Influence public opinion
  • NGOs expose HR violations
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15
Q

ICC

A
  • Prosecutes transnational crimes and crimes against humanity
  • resource inefficiency
  • Omar Al Bashid trialed in absentia - HR issue
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16
Q

Australia

A
  • Ratified human right laws
  • Human Rights act 1994
  • Croome v Tasmania 1997 - federal court forced to enact Human Rights Act
17
Q

HR in Australian Constitution

A
  • Division and seperation of powers
  • Judiciary checks on the law (croome v tasmania 1997)
  • Right to vote, property, trial and religion in constitution - express rights
  • Racial discrimination Act 1975, AHRC Act 1986
18
Q

Case Study: Slavery

Information

A
  • 1 in 200 people in slavery SMH 2019
  • 45 million people in slavery worldwide
  • 57.6% of victims are women and children
  • new forms of slavery - forced marriage, debt slavery, sexual slavery
  • Siddharth Kara - expert on human trafficking and slavery - profits are over $150 Billion
19
Q

Case study: Slavery

Domestic Responses

A
  • Criminal code act 1995 (Cth)
  • R v Tang
  • Mutual assistance in criminal matters Act 1987
  • Modern Slavery Act 2018
20
Q

Australian Charter

For and against

A

For:
* Would expressly stated rights
* Protects marginalised groups
* Reflects social values

Against:
* Pick and choose approach
* conflict of states being able to make their own laws
* Economic costs

21
Q

Case study: Slavery

International measures

A
  • Human rights watch
  • media
  • Amnesty international
  • Red cross