Human Rights Flashcards
Define human rights
Basic rights and freedoms that all humans should be guaranteed
They are universal, apply equally to all and are founded on the principle of dignity for every human being
Define absolute rights
Cannot be limited, restricted or removed
For example the right to not be tortured. This applies in all circumstances
Define limited rights
Can be restricted in some way
For example the right to liberty if a person is lawfully arrested
Define qualified rights
Needs to be balanced against the rights of others - can be restricted temporarily
For example in a protest
What are civil liberties
Things we are free to do provided there is no law in the country against it
For example freedom of speech and freedom of assembly
Define natural justice
We have something innate within us that means within the legal system we believe that individuals should be free from bias and the right to a fair hearing
How are human rights described
Inalienable - cannot be given or taken away
Universal - apply to all humans
Interdependent - each human right contributes to dignity
Indivisible - inherent to human dignity covering civil, cultural, political and economic issues
All rights have equal status
Define first generational rights
Based on liberty
Includes right to life, being detained without reason, right to a fair trial
‘Negative’ as stops state from acting in a certain way
Define second generational rights
Includes right to food, water, employment, healthcare
‘Positive’ because they make the state act to ensure people have these things
Define third generational rights
New and developing rights such as environmental issues, right to economically develop
These rights are associated with the new states that emerged after ww2
Define unwritten constitution
No single document which contains all of the laws relating to who holds the power to rule
What is separation of powers
Primary functions that must be kept separate to safeguard citizens
- executive formulates law
- legislatures passes the law
- judiciary enforces law in court
Keep checks on each other
Define Judicial review
Courts are able to provide a remedy if an individuals rights are infringed by a public body
Define habeas corpus
Ancient right which allows individual to challenge the legality of detention in the high court and be quickly released
Define constitution
A set if laws, rules and principles that define a political system
