human rights Flashcards
right
a moral or legal entitlement to have or do something
why is the magna carta still important to this day
established the principle that everyone is subject to the law
what is the milestone document in the history of human rights
universal declaration of human rights
UDHR and examples of rights
set of goals and aspirations for protecting human rights e.g you have the right to a fair public trial, the right to freedom of opinion and expression
refugee vs asylum seeker
both have been forced to flee due to a well founded fear of persecution
refugee- has a refugee status
asylum seeker- pending refugee application
the right to have rights
HANNAH ARENDT
must be part of a democratic community (political rights) to have human rights
international declarations
a document which outlines a set of standards to which nations voluntarily agree, but are not legally bound to uphold or implement
international treaty
an agreement between countries (or international organisations) to be bound by international law
signing the treaty- intention to adopt
ratify- to give effect
ICJ
role- settle legal disputes between states, give opinions to other components of the UN
LIMITATIONS- individuals and private organisations cannot be tried for breaching human rights / not binding
express rights
explicitly stated in the constitution and can only be changed by a referendum.
what are the 5 express rights
1-s.51 (xxxi) = one will receive just terms when property is acquired by Cth
2-s.80 = trial by jury
3-s.92= free interstate trade and commerce
4-s.116= freedom of religion -cannot declare a national religion or prohibit a religion
5-s.117= not to be discriminated against based on which state u live in
implied rights
not explicitly stated in the constitution
e.g the right to freedom of political communication-ability to discuss political issues freely
referendum
a national vote to change the wording of the constitution
(S128)
requires a double majority- majority of states (4/6) and over 50% of national population
