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junior legal > human rights > Flashcards

human rights Flashcards

1
Q

components of human rights

A
  • the basic rights and freedoms that belong to all human beings;
  • inherent (apply to people because they are human), inalienable (cant be taken away) and universal (apply to all people) and indivisible (all humans have a right to equal status)
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2
Q

defintion of human rights

A

human rights are universally recognised interests, liberties and entitlements associated with respect for human dignity and freedom.

the preamble to the UDHR states: recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world

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3
Q

The UDHR:

A
  • was adopted in 1948.
  • UDHR is not observed by all nations, governments or individuals.
  • The issue of state sovereignty complicates the observance of human rights by some nations
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4
Q

article 4 UDHR: (slavery)

A
  1. No one shall be held in slavery or servitude.
  2. No one shall be required to perform forced or compulsory labour.
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5
Q

international covenant on civil and political rights
(when establish and what organisation)

A

The International Covenant of Civil and Political Rights (ICCPR) was adopted in 1966 and came into force in 1976. All parties agree to respect all individuals’ rights established under the Covenant. It is legally binding
as a ‘hard’ law.

Compliance monitored by Human Rights Committee which reports from complaints from member states.

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6
Q

problems with the ICESCR

A

the international covenant on economic, social and cultural rights establishes second generation rights or socio-economic rights and is legally binding. it is difficult to enforce because of divergent views, article 2(1) states that states only need to undertake steps to realise the rights “to the maximum of its available resources”

article 3: equal rights for men and women

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7
Q

types of slavery

A
  • chattel slavery: slaves are exchanged for products or money to perform labour and secual favours
  • forced labour: individuals are lured by the promise of a job but are subjected to slave conditions like working without payment
  • debt slavery: extreme poverty forcing parents to leave themselves or their children as collateral against a loan
  • sex slavery
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8
Q

the abolitionist movement

A

The abolitionist movement represents a distinct shift in value and ethical standards. It was influenced by ideas of natural rights developed during the French and American revolutions. Global slavery remains a key issue today with more than 40 million people reported to be living in modern slavery, in 2017.

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9
Q

timeline of the abolition of slavery

A
  • 19th Century: as the horrors of the Transatlantic slave trade became known in Europe, political movements aimed at abolishing it began.
  • 1833: British Government passed the Emancipation Act 1833, finally abolishing slavery throughout British colonies
  • 1865: the 13th amendment of the US Constitution formally outlawed slavery in 1865 after a devastating civil war.
  • After WW1: the use of slavery in Ethiopia and parts of Arabia were discovered, the
    Convention to Suppress the Slave Trade and Slavery was negotiated in 1926, but signatories were only required to end slavery ‘as soon as possible’.
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10
Q

magna carta

A

Magna Carta (1215) largely protected the rights of the rich and powerful, although it was considered to be revolutionary at the time. It was drafted as a means of resolving a power struggle between King John and his nobles. Its provisions included:
- No right for the monarch to introduce taxes without consulting parliament
- No right to imprison a free man without trial
- No right to deny a person the right to travel

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11
Q

r v tang

A

Slavery still exists in Australia, particularly in the sex industry. In 2006 Wei Tang was found guilty of possessing and using a slave and sentenced to 10 years imprisonment. In the case, R v Tang [2008] a brothel proprietor was found guilty of intentionally exercising a power of ownership over a slave, regarding the sexual servitude of a number of women in Melbourne.

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12
Q

how are human rights incorporated into aus law

A
  • there is no one document in australia where human rights are contain
  • they are derived from different sources including: international treaties, the constitution, common law and statute law
  • under australian law, signing a treaty doesn’t make something enforceable within australia
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13
Q

the role of the constitution

A

the australian constitution plays two important roles in protecting human rights for australians:

  1. it lays down the system of australian government which recognises human rights including the separation of powers and division of powers
  2. it is a source of some specific human rights including express rights and implied rights
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14
Q

the role of statute law

A
  • statute law protects human rights in australia but can be removed by parliament
  • example: Australian Human Rights Commission Act, 1986 (Cth)
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15
Q

the role of common law example

A
  • presumption of innocence
  • burden of proof
  • can be removed by parliament
  • example: the mabo case established native title overturning the legal notion of terra nullius
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16
Q

role of tribunals in australia

A
  1. australian human rights commission
    - independent national body established to deal with aus human rights legislation
    - can receive and investigate complaints
    - advises parliament on development of laws, policies and programs consistent with human rights
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17
Q

role of the media in australia

A

Australia is ranked as one of the top countries in the world for media freedom, and reporters,
particularly the ABC and SBS play a critical role in reporting on both Australian and international
human rights issues.

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18
Q

charter of rights development in australia

A
  • victoria and the ACT have adopted state charters of rights
  • in 2010 there was an inquiry into whether australia should adopt a charter of rights which received overwhelming support however the government rejected the recommendation
19
Q

arguments for and against a charter of rights

A

for:
1. reflecting australian values
2. protecting disadvantaged people
3. improving accountability
4. improving Australia’s international standing

against:
better human rights protection isn’t guaranteed

20
Q

australian legislation about slavery

A

Crimes Legislation Amendment (Slavery and People Trafficking) Act 2012: broaden the definition of slavery

Criminal Code Act 1995

21
Q

When was the udhr adopted

A

1948

22
Q

When was the Australian human rights commission established

A

Australian Human Rights Commission Act, 1986 (Cth)

23
Q

example of the aus human rights commission protecting rights

A

Brining them home report (1997)

24
Q

indigenous right to vote

A

1962

25
Q

domestic legislation about education

A

education act NSW (1900)

26
Q

role of media in australia

A
  • media brought the 2016 robodebt scandal to light
  • there is no express general right to freedom of the press in Australia as demonstrated by the 2019 Australian Federal Police raids on the home of journalist Annika Smethurst and the Sydney offices of the ABC investigating the sources used in media stories.
27
Q

international instruments to slavery

A
  • ICCPR & ICESCR
  • Convention on the Abolition of Slavery, the Slave Trade and Practices Similar to Slavery, 1956
  • ILO Convention No.29 on Forced
    Compulsory Labour, 1932
  • Convention Against Transnational
    Organised Crime, 2000
  • Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2000 (“Trafficking Protocol”)
28
Q

domestic instruments about slavery

A
  • R v Tang (2008) High Court case
  • Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (“Slavery Act”) amends the
    Criminal Code 1995 (Cth)
  • Modern Slavery Act 2018 (Cth) & (NSW) .
29
Q

slavery statistics (australia)

A

The Global Slavery Index 2018: 15,000

30
Q

legal responses to detention of uighurs

A
  • TheInternational Criminal Courthas decided not to pursue an investigation intoChina’s mass detention of Muslims as China is not a party to the court
  • The abuses described “have been committed solely by nationals of China within the territory of China,” saida report by the court’s chief prosecutor, Fatou Bensouda of Gambia. PublishedDec. 15, 2020 UpdatedMay 10, 2021
31
Q

non-legal responses to detention of uighurs

A
  • The United Nations is holding “serious negotiations” with China on gaining unfettered access to the Xinjiang region to verify reports that Muslim Uyghurs are being persecuted, UN secretary-general Antonio Guterres has said. “I hope that they will reach an agreement soon and that the human rights commissioner Michelle Bachelet will be able to visit China without restrictions or limitations,” he said. 29/3/2021.
  • In late August 2022, the United Nation’s Office of the High Commissioner for Human Rights (OHCHR) released its long-awaitedreport assessing human rights concerns in XUAR, finding significant evidence that Beijing is committing crimes against humanity.
  • China, which took extraordinary measures to limit the scope of the report and delay its release,the report as a U.S. plot and claimed it exceeded the OHCHR’s mandate.
32
Q

arbitrary detention legislation

A

ICCPR Article 9 (1). Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.

33
Q

non-legal measures in protecting human rights (international and australia)

A
  • in response to a failure of legal responses
  • human rights watch and amnesty international
  • four corners report on the juvenile justice system in NT led to a royal commission inquiry
34
Q

compliance and non-compliance with th UN human rights committee

A
  • UN human rights committee has no enforcement powers
  • significant crimes against the international community can be addressed by the UNSC and ICC
35
Q

example of the australian human rights comission being effective

A

National Inquiry into Children in Immigration Detention: In 2014, the AHRC conducted a comprehensive national inquiry into the impact of immigration detention on the human rights of children in Australia. The inquiry’s findings led to significant policy changes, including the release of children from detention centers. The AHRC’s work in this regard highlighted the importance of protecting the rights of vulnerable individuals, particularly children, and influencing government policies.

36
Q

when was the suffragette movement

A

1903

37
Q

environment

A

Environment
- Yet to be fully developed
- Important for future generations

Development of law
- 1972 Stockholm declaration: first UN meet about the environment
- 1997 Kyoto protocol: green house gas emissions
- 2015 climate change conference: agreement to keep global warming below 2 degrees
Bodies
- UN environmental program
- UN development program

38
Q

peace

A

Peace
- Free from conflict war and oppression

Development of law
- UN charter: (preamble section) and UNSC
- Declaration on the rights of people to peace
- NPT
Bodies
- UN and UNSC

39
Q

self-determination

A

Self-determination
- Rights of people and indigenous people to determine their future

Development of law
- US declaration of independence
- State sovereignty
- UN charter article 1: respect for the principle of equal rights and self determination of peoples
- self-determination policy (1972)
- Mabo and native title act (1992 and 1993)

40
Q

suffrage

A

Suffrage
- Suffragettes movement for women to vote
- American civil rights movement
- UDHR article 21: right for citizens to take part on the government of their country

41
Q

education

A

Education
- UDHR article 26: free and compulsory primary education

42
Q

environmental rights in australia

A

Federal and state governments have established a range of laws and regulations to protect the environment, such as the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) at the federal level and various state and territory environmental acts.
These laws address various aspects of environmental protection, including the conservation of threatened species, environmental impact assessment, pollution control, and natural resource management.

43
Q

how does the australian constitution allow international instruments to be incorporated

A

Section 51(xxix) of the Australian Constitution, the ‘external affairs’ power, gives the Commonwealth Parliament the power to enact legislation that implements the terms of those international agreements to which Australia is a party

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