human rights

Question 1

definition of human rights (universally ___(ILEntit) associated with ___ for ___ and ___)

Answer 1

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

Question 2

UN declaration of human rights quote
“recognition of the inherent dignity and of the (EI)(HF)_________ is the foundation of FJP______”

Answer 2

“recognition of the inherent dignity and of the equal and inalienable rights of the human family is the foundation of freedom justice and peace in the world.”

Question 3

all human rights are considered (UIII)

Answer 3

universal: apply to all people

inalienable: cannot be taken away

inherent: apply because people are human

indivisible: all human rights have equal stays and cannot be positioned in a hierarchical order

Question 4

magna carta 1215 protected ___

Answer 4

protected the rights of the rich and powerful → considered revolutionary at the time

Question 5

english bill of rights 1688 (military, taxation, parlimentary)

Answer 5

included clauses relating to military power → powers of taxation, parliamentary freedom of speech and control of the army

Question 6

first ten amendments to the US constitution are referred to as the US Bill… (17__)

Answer 6

united states of america bill of rights 1789

Question 7

the abolition of slavery - international covenant on civil and political right (ICCPR): “no one shall be held … and the slave trade and all their forms shall …”

Answer 7

international covenant on civil and political right (ICCPR): “No one shall be held in slavery and the slave-trade in all their forms shall be prohibited”

Question 8

slavery definition

Answer 8

circumstance where a person is completely under the control of another and is considered to be their property → control is physical and usually includes works under duress for no reward

Question 9

main argument against slavery

Answer 9

all men are created equal so no man is above another and thus should not be traded or sold as property

Question 10

amendment to abolish slavery

Answer 10

13th amendment to US constitution - campaigned by abraham lincoln outlawed slavery in 1865

Question 11

Slavery Convention 1926

Answer 11

required signatories to end slavery as soon as possible → Supplementary Convention on the abolition of slavery, the Slave Trade, and institutions and practices similar to slavery 1956 came into force in 1957

Question 12

The Queen v Tang (2008)

Answer 12

brother was found guilty of intentionally exercising a power of ownership over a slave regarding the sexual servitude of women in melbourne

Question 13

1807 - slave trade act (UK)

Answer 13

passed the banning of importing slaves to british colonies → US followed in 1808

Question 14

1833 - slavery abolition act 1933 (UK)

Answer 14

all remaining slaves in empire were freed the following year

Question 15

1865 - 13th amendment to US constitution

Answer 15

campaigned by abraham lincoln outlawed slavery in 1865 after civil war

Question 16

1945 - Article 4 of the Universal declaration of Human Rights (slavery)

Answer 16

UN made a clear statement that slavery as prohibited → UDHR is not enforceable law

Question 17

what did the Queen v tang 2008 show and describe the case

Answer 17

Slavery still exist in Australia, particularly in the sex industry

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

Question 18

response to queen v tang

Answer 18

Crimes Legislation Amendment (Slavery, Slave-Like Conditions and People Trafficking) Act 2012

Question 19

what did Crimes Legislation Amendment (Slavery, Slave-Like Conditions and People Trafficking) Act 2012 do

Answer 19

mended the Criminal Code Act 1995 (Cth) to insert offences of forced labour, forced marriage, organ trafficking and harbouring a victim, to ensure the slavery offence applies to conduct which renders a person a slave, as well as conduct involving a person who is already a slave and extend existing offences to ensure the broadest range of conduct is criminalised

Question 20

trade unionism and labour rights in UDHR: Article 23(4)) – “Everyone has the right…

Answer 20

Article 23(4)) – “Everyone has the right to form and to join trade unions for the protection of his or her rights”

Question 21

why were unions formed

Answer 21

in response to appalling conditions, lack of safety, low wages and long working hours

was the organisation of workers into trade unions, beginning in the UK and moving globally with the aim of protecting workers’ rights and improving their working conditions

Question 22

universal suffrage in UDHR: (Article 21(1)) – “Everyone has the right to take part…

Answer 22

(Article 21(1)) – “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives”

Question 23

universal suffrage definition: the right of all adults to…

Answer 23

the right of all adults to vote in government elections

Suffrage may be considered a human right due to the fact that voting permits a voter a say in the determination of government

Question 24

The first partly elected body in NSW, the Legislative Council 1842, had a very restrictive suffrage:

Answer 24

voters had to be male and own a certain amount of land to qualify

Question 25

first nation to grant women the ability to vote and what year

Answer 25

New Zealand, 1893

Question 26

why was the voting age lowered to 18? (1973 amendment to the Electoral Act)

Answer 26

everal recent wars had been fought and the number of 18-21 year olds who lost their lives or were seriously injured was significant Asking someone to give their life for their country yet not allowing them to vote was a pivotal part of the argument for lowering the voting age to 18

Question 27

universal education in the UDHR (Article 26(1)) – “Everyone had the right to..

Answer 27

(Article 26(1)) – “Everyone had the right to education. Education shall be free, at least in elementary and fundamental stages. Elementary education shall be compulsory”

Question 28

education in developed countries post WWII + less developed nations

Answer 28

By the end of WWII, free and compulsory education existed in most developed nations and seen as a basic human right However, the enforcement of compulsory elementary education is often lax or non-existent in less developed nations, especially girls

Question 29

self determination definition and type of right

Answer 29

the right of a people to choose their own form of government and run their own affairs (The right claimed by indigenous peoples to control their own traditional lands and economy) collective right

Question 30

example of self determination

Answer 30

The people of East Timor (Timor-Leste) exercised their right to self-determination in a United Nations supervised plebiscite (vote) in 1999, as a result of which they were recognised as independent of Indonesia

Question 31

environmental right defenition

Answer 31

the right to a clean and safe environment Many environmental lawyers regard environmental rights to be a matter of common concern for humankind rather than for the protection of individual human rights and hence regard them as a collective right

Question 32

peace rights

Answer 32

the fundamental entitlements afforded to all people to live free from conflict, war or any form of oppression

Question 33

the right to peace was set out in a non-binding UN General Assembly resolution: Declaration...

Answer 33

Declaration on the Right of Peoples to Peace in 1984

Question 34

US and russia peace rights example

Answer 34

Both the US and Russia have worked towards arms reduction through treaties between themselves and various international treaties and conventions (e.g. the NPT) and thereby sought to limit nuclear testing, nuclear weapons proliferation and the development and stockpiling of other weapons of mass destruction – however, failure

Question 35

in 1984, the Universal Declaration of Human Rights was adopted to: set a common standard of...

Answer 35

a common standard of achievements for all peoples and all nations

Question 36

International Covenant on Civil and Political Rights protects individuals from ...

Answer 36

arbitrary exercise of power by oppressive governments – known as first generation rights

Question 37

International Covenant on Economic, Social and Cultural Rights

Answer 37

The rights contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR) are concerned with the material and cultural wellbeing of people – known as second generation rights

Question 38

International Covenant on Economic, Social and Cultural Rights includes the right to... x3

Answer 38

The right to self-determination The right to education The right to health

Question 39

state sovereignty definition

Answer 39

supreme and independent authority to govern claimed by a state over its territory

Question 40

problem regarding human rights and state sovereignty

Answer 40

s that not all governments equally accept the idea that their own people have certain rights Some countries without democratic processes may rely on sovereignty as a rationale to justify mistreatment of their own citizens

Question 40

what happens when a state abuses state sovereignty in human rights

Answer 40

the victims are given recourse through domestic institutions The problem arises when domestic structures fail to uphold human rights either because they are unable or unwilling to act It is in these cases that scholars recognise an inherent tension between state sovereignty and the protection of human rights

Question 41

how does UN protect human rights

Answer 41

through the establishment of treaties, such as the UDHR, however, these vary in effectiveness as they require ratification in domestic law, not simply signing them they have worked towards the Genocide Convention, but this also has varying levels of effectiveness (Rwanda)

Question 42

UN organs (GA and UNSC)

Answer 42

General Assembly – main forum for international discussions relating to human rights UNSC – purported to have the power to intervene in the most serious of human rights and IHL abuses by states

Question 43

IGO definition

Answer 43

An intergovernmental organisation (IGO) is an international institution comprised of various member states IGOs are created by agreement between states, by an international treaty that acts as a charter outlining the organisation’s purpose and operation

Question 44

example of UN protecting human rights (south africa)

Answer 44

elimination of South Africa’s system of legalized racial discrimination known as apartheid drawing world attention to the inhumanity of the system, legitimizing popular resistance, promoting anti-apartheid actions by governmental and non-governmental organizations

Question 45

UNSC rwanda and east timor examples

Answer 45

was ineffective during Rwandan genocide in 1994 much more successful in defending human rights during the East Timor crisis of 1999

Question 46

IGO example (NATO)

Answer 46

military alliance of 29 European and North American countries committed to each other’s defence instigated military action to end the conflicts in Bosnia & Herzegovina elped to provide air transport for peacekeepers and civilian police from African troop contributing countries into and out of Darfur, Sudan

Question 47

courts tribunals and independent definition

Answer 47

authorities with power to hear matters involving human rights abuse

Question 48

courts tribunals and independent examples

Answer 48

ICJ west bank barrier wall - israel only complying with israeli supreme court and not UNSC ICTR - established to maintain national peace post genocide and persecution of those involved in genocide

Question 49

example of UN protecting human rights (south africa)

Answer 49

elimination of South Africa’s system of legalized racial discrimination known as apartheid drawing world attention to the inhumanity of the system, legitimizing popular resistance, promoting anti-apartheid actions by governmental and non-governmental organizations

Question 50

UNSC rwanda and east timor examples

Answer 50

was ineffective during Rwandan genocide in 1994 much more successful in defending human rights during the East Timor crisis of 1999

Question 50

non governmental organisations definitions role

Answer 50

They help ensure greater government compliance by investigating, researching, documenting and publicising cases of human rights violations

Question 51

NGOs effect

Answer 51

By naming and shaming, NGOs can have a profound effect on countries and their behaviours NGOs will also work with victims, provide evidence to international courts, and encourage other states and the UN to place diplomatic pressure or take action against states

Question 52

NGOs example (HRW)

Answer 52

Human Rights Watch - nonprofit, - non governmental human rights organisation - Established in 1978 - known for its fact-finding, impartial reporting, effective use of media and targeted advocacy -often in partnership with local human rights groups -pressing for changes in policy and practice that promote human rights and justice around the world

Question 53

the media role

Answer 53

The media plays a crucial role in the naming and shaming of governments and human rights billators exposing instances of human rights abuse and helping to bring about change

Question 54

media example (Rwanda)

Answer 54

Radio television Libre des Mille Collines (RTLM) - broadcast list of Tutsis to be killed and where they would be found - calling for a"final war" or to "exterminate the cockroaches" HRW - effectively brought awareness to crimes of Rwandan Patriotic Front (RPF) calls on UN to use the word ‘genocide’ - April 19. Effectiveness as it puts international, public pressure on the UN to respond more promptly

Question 55

HUman rights/media quote: we find it very... and "there were also problems..."

Answer 55

"We find it very problematic that this other side of the genocide has not been dealt with by the court," "There were also problems involving fairness and protection of the rights of the accused."

Question 56

UNSC rwanda and east timor examples

Answer 56

was ineffective during Rwandan genocide in 1994 much more successful in defending human rights during the East Timor crisis of 1999

Question 56

example of UN protecting human rights (apartheid)

Answer 56

elimination of South Africa’s system of legalized racial discrimination known as apartheid drawing world attention to the inhumanity of the system, legitimizing popular resistance, promoting anti-apartheid actions by governmental and non-governmental organizations

Question 57

how human right are incorporated into domestic law

Answer 57

treaty is signed → nations agree the principles of the treaty signing treaty = country has to act in the spirit of the treaty but is not directly (legally) binding treaty will need to be ratified by the nation state before it becomes internationally binding

Question 58

example of treaty that has been included in domestic legislation

Answer 58

Convention on the Elimination of All Forms of Racial Discrimination (CERD) → Racial Discrimination Act 1975 (Cwlth) → rights of australians are now protected legally

Question 58

what did he teoh case demonstrate

Answer 58

if the treaties are not enacted, they have limited impact – they may mean that judicial bodies should take not of them, but not if the executive government has expressed its opposition to the relevant provision

Question 59

rights in the australian constitution

Answer 59

Religious freedom The right to vote The right to due process in the courts

Question 59

dietrich precedent (The right to due process in the courts)

Answer 59

if an indigent (poor) accused is unrepresented through no fault of their own, then serious criminal proceedings should be stayed until representation can be obtained”

Question 60

separation of powers role

Answer 60

the legislature, judiciary and Executive act as a check and balance on each of the others so as to prevent an abuse of power it allows the High Court to strike down any legislation that it deems incompatible with the provisions of the Australian Constitution and the rights and limitations it contains

Question 61

division of powers v seperation of powers

Answer 61

constitution states that a valid Commonwealth law prevails over an otherwise valid State law (e.g. NSW or QLD law) gay tasmanian man (when being gay was criminalised) argued that this violated his right to privacy under Article 17 of the International Covenant on Civil and Political Rights (ICCPR) ultimately agreed that because of Tasmania’s law, Australia was in breach of the obligations under the treaty

Question 62

toonen case

Answer 62

gay tasmanian man (when being gay was criminalised) argued that this violated his right to privacy under Article 17 of the International Covenant on Civil and Political Rights (ICCPR) ultimately agreed that because of Tasmania’s law, Australia was in breach of the obligations under the treaty.

Question 63

statute law definition + ineffectiveness

Answer 63

law made by Parliament statute laws can also restrict human rights – e.g. the Crimes (Serious Crime Prevention Orders) Act 2016 statute law can be changed and thus ineffective when a new government comes in

Question 63

common law definition

Answer 63

law created by judges which acts as precedent

Question 64

common law limitation

Answer 64

may be reversed or abolished by legislation

Question 65

examples of common law protecting human rights

Answer 65

The presumption of innocence The right to have a fair trial with a judge presiding over the proceedings A jury should only consider the evidence presented in court – did not occur in the Skaf case

Question 66

statute law examples

Question 67

relevance of courts in human rights

Answer 67

power of courts is significant especially in the high court where judges can be influenced by international standards and apply standards (common law) in the absences of parliament

Question 68

Minister for Immigration and Ethnic Affairs v Teoh (1995) (courts and tribunals in Aus case)

Answer 68

high court decided that CRC could have effects on domestic law even through provisions of the instrument had not been brought into effect through legislation Immigration officer ordered that Teoh (malaysian citizen) be deported based on his conviction of heroin importation and possession CRC should be incorporated to domestic law by statute the court held that the ratification created an expectation that in all actions concerning children, the best interests of the child would be a primary consideration

Question 68

Dietrich v The Queen (courts and tribunals in Aus case)

Answer 68

right to legal representation High Court found that the Australian Constitution entitles a defendant to not be tried unfairly. established the precedent that where through no fault of their own an indigent (poor) defendant is facing serious criminal charges and is unrepresented, then the case should be stayed (i.e., delayed) until legal representation is available.

Question 69

media in australia role

Answer 69

naming and shaming of government misdeeds publicising human rights violations exposing instances of human rights abuse and helping bring about change

Question 70

media in Australia example

Answer 70

no express general right to freedom of the press in Australia – 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

Question 71

statute law examples

Answer 71

Sex Discrimination Act 1984 (Cwlth) Racial Discrimination Act 1975 (Cwlth)

Question 71

charter of right definition

Answer 71

a comprehensive document setting out human rights which may be constitutional or statutory

Question 71

aim of charter of rights in australia

Answer 71

to restrict the power of future parliaments to reduce or infringe on certain rights A Charter of Rights could protect human rights in Australia by enabling the existing rights (i.e. constitutional, statute and common law) to be consolidated into one document

Question 71

arguments for a charter of rights

Answer 71

Redress the inadequacy of existing human rights protections Protects the marginalised and disadvantaged Common law does not adequately protect human rights

Question 72

arguments against a charter of rights

Answer 72

Excessive and costly litigation The adequacy of current human rights protections in Australia Unnecessarily legalised human rights