human rights Flashcards
Human Rights
Human rights recognise the inherent value of everyone equally as they are universal. They are inherent simply because a person is human and inalienable as they cannot be taken away. Further, they are indivisible, with no hierarchical order, and interdependent through their reliance on other human rights to fulfil their needs.
Explain what is meant by the following
Universal - For everyone, equally
Inherent - All people everywhere are entitled to them simply by being born
Inalienable - Permanent for all human beings. Cannot be bought, sold, given or taken away
Indivisible - No hierarchical order. All rights have equal status and are based upon the dignity of the human person
Interdependent - Human rights are connected. Fulfilment of one right is often reliant/dependent upon the fulfilment of others.
Labour rights
Rights at work, including the rights to safe working conditions, minimum wages and paid leave, and to join a trade union. Labour rights are expressed in the ICCPR Article 22.
Universal suffrage
The right of all citizens to vote in political elections, regardless of status, gender, race. This is outlined in the ICCPR Article 25.
Self-determination
The right of people to determine how they will be governed or their political status based on territory or national grouping. Outlined in Article 1 of the ICCPR.
Slavery
A type of forced labour in which a person is considered to be the legal property of another. The right to freedom from slavery is expressed in the ICCPR Article 8. UDHR article 4
Trade union
An organisation of workers created to preserve and further their rights and interests. As expressed in the UDHR Article 22.
Intergovernmental organisation
An organised group of two or more states set up to pursue mutual interest in one or more areas.
- Outline how the common law protects human rights in Australia. - done
Common law protects human rights through the judicial interpretation of statute law influenced by signed treaties.
-Freedom from servitude enshrined in Article 8 of the ICCPR.
- R V Wei Tang (2009, HCA) became a precedent in common law,
-affirms debt bondages as a form of modern slavery.
-Judicial interpretations are current,
-create justice on an individual case basis
- Outline how one NGO in Australia attempts to protect human rights
-Anti-Slavery Australia (right to freedom from servitude), Article 8 of the ICCPR
-works with survivors of modern slavery, responsible businesses, government and supporters to change the systems that…
-They offer legal services and advocate for change through research and advisory.
-independently from the government and political bias, allowing for an effective investigation
-Operation Eastwater, alerted the AFP that a woman had been forced to India against her will, leading to the
-first Exit Trafficking Conviction in Australia (2022).
- Explain the limitations of common law in protecting human rights
Cause and effect
-Common law is limited in its ability to promote and enforce human rights through judicial interpretation of Australia’s statute law,
-ICCPR and ICESCR, which have been codified, ratified and enacted into domestic legislation
-section 270 of Criminal Code Act 1995 (Cth) criminalises genocide.
-slow and reactive approach
-overridden by statute law at any time,
- Despite R V Wei Tang HCA (2009),
-in 2023, Australia recorded 150 reports of human trafficking, slavery and slavery-like practices to the AFP.
-AHR commission index indicates that modern slavery.. Underreported.. estimated 4,300 people in Australia still living in slavery conditions,
-article 8 ICCPR.
- Explain how the Australian Constitution has contributed to protecting human rights. Use an appropriate example to support your response.
-both implied and expressed rights
- Express= right to vote and the right to freedom of religion
-Implied = freedom of political communication.
-changed through a referendum,
- no individual can hold excessive power - division of powers between the states and the Commonwealth
- separation of powers between the executive, legislative, and judiciary, one person can not have the power to remove them.
- Section 61 of the Constitution enables the executive to sign international treaties, e.g. (ICCPR), influencing - domestic laws
- In relation to ONE of the following formal statements of human rights, explain their importance to promoting and protecting human rights. UDHR
-Adopted by the United Nations on December 10 1948
-sets out the basic rights and freedoms that apply to all people.
-soft law, with no legal enforceability with no legal obligation upon states
-nevertheless become a foundation document that has inspired
-international customary law including the ICCPR and ICESCR which are both hard law instruments.
-catalyst for more than 200 international treaties, conventions, declarations and bills of rights.
-Rights to right to life UDHR article 3 have been implemented into hard law mechanisms such as article 6 of the ICCPR.
- In relation to ONE of the following formal statements of human rights, explain their importance to promoting and protecting human rights.
ICCPR
adopted – General Assembly in 1966.
-Multilateral treaty that binds nations who ratify or agree to it – 176 nations. -United States despite playing a large role in the drafting of the Covenant did not ratify until 1992,
-monist systems.
- own reservations that significantly reduced the effectiveness
- China and Cuba have signed but not ratified the treaty and a number of countries, for example Myanmar, have neither signed nor ratified.
-Overseen by the human rights committee which reports on compliance and investigates violations
- In relation to ONE of the following formal statements of human rights, explain their importance to promoting and protecting human rights.
ICESCR
-Approved in 1966, the covenant binds and enforces 171 nations.
-USA have never ratified because of state sovereignty highlights ineffectiveness in compliance.
-second-generation rights …labour rights expressed in ICESCR article 6.
-enactment of domestic legislation and common law precedents.
-hears and monitors compliance of countries, but DOES NOT hear individual petitions limiting accessibility.
-monitors and reports every 5 years pressuring compliance by nation states.
-some rights may be difficult in practice to achieve in a short period of time, and that states act as best they can within their means.
- With reference to one of the following human rights issues, outline how human rights have changed and developed over time.
-Human rights issues have changed and developed to recognise society’s shifting morals and values.
-1926, the League of Nations adopted the slavery convention. foundational document - working towards the abolishment of the slave trade,
-1956 Supplementary ‘Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery’ …. addressing new forms of servitude.
-1966, the UN International Covenant of Civil and Political Rights reinforced the global commitment to
-eradicating slavery expressed in Article 8 of the ICCPR, enforced through optional protocol,
-The signing + ratifying of the documents hard law allowed Australia to adopt these provisions into domestic legislation, highlighted in Section 270 of the Criminal Code Act 1995 (Cth) criminalising engagement in any form of slavery
-willingness to prosecute + sentence Wei Tang in the R V Wei Tang HCA case (2009),
-developed Australia’s definition of modern slavery to include debt bondage. -slavery is not recognised everywhere in the world, estimated 50 million people still living in modern slavery.
- Explain the role of ONE international court or tribunal in the protection of human rights.
-ICC is not set up as a human rights court but protects through its jurisdiction via parties to the Rome statute 2002, specifically the right to life, as outlined in Article 6 of the ICCPR (1966) and the Convention on the Prevention and Punishment of the Crime of Genocide (1948),
-first person ever to be tried and convicted by the ICC was Thomas Lubanga in 2012, the case took 10 years and cost millions of dollars, until he was sentenced to 14 years imprisonment,
-there are more than eight active genocides, which are crimes committed with the intent to destroy a national, ethnic, racial or religious group across the globe, -‘The Prosecutor v. Omar Hassan Ahmad Al Bashir’ (ICC, 2009), who has charges of five counts of crimes against humanity an arrest warrent has been issued in 2009.
- As the ICC relies on member states to enforce arrest warrants on individuals like Al-Bashir, he has been able to evade prosecution.
- Sudan has not ratified the Rome Statute, makes it hard to deliver justice.
-not punish those responsible for genocide.
- Explain how state sovereignty can limit the effectiveness of the protection of human rights. Refer to an example in your response.
-SS is the ability of a nation-state to make laws for its citizens without external interference,
- Life Article 6, of the ICCPR establishes hard law standards.
- Australia has signed and ratified the ICCPR enacted in domestic legislation in section 18 of the Crimes Act 1900 (NSW), which criminalises the act of murder,
-In Myanmar exercising their state sovereignty, not listed as a signatory to the ICCPR perpetuating the genocide of the Rohingya people since 2017.
- Evaluate the effectiveness of legal responses in relation to ONE contemporary human rights issue.
-Genocide in Myanmar since 2017 more than 10,000 lives in the Rohingya genocide alone,
-breach life UDHR Article 3 and ICCPR Article 6.
- Australia, as a signatory to the Genocide Convention (1948), has incorporated the crime of genocide into Division 268 of the Criminal Code Act 1995 - legal.
- Australia, through its sovereignty, has the power not to address the human rights issue of genocide in Myanmar.
-Australian gov series of sanctions against five Myanmar military officers in response to criticism,
-Guardian article (Rohyingas’ unspoken genocide, 2018) protecting right.
- was ineffective in its responsiveness as the sanctions came a year after the attack
-police in Myanmar have been ineffective… controlled by the military regime, which has been responsible for many of the atrocities.
- Evaluate the effectiveness of non-legal responses in relation to ONE contemporary human rights issue
-Genocide in Myanmar since 2017 more than 10,000 lives in the Rohingya genocide alone.
-breach life UDHR Article 3 and ICCPR Article 6.
-NGOs, including Amnesty International, criticised the Australian government for its failure to enact sanctions
- effectively promoted awareness + applying pressure on the Australian government to impose heavier sanctions on Myanmar,
-governments are held accountable for their lack of action.
-NGO’s raised more than 1.9 billion dollars have been sent in aid to Myanmar,
- non-legal responses cannot legally enforce compliance of the Myanmar Military
- Evaluate the effectiveness of Australian responses in promoting and enforcing human rights.
-domestic legislation which has been influenced by the ICCPR and ICESCR that has been signed, ratified and enacted into domestic legislation.
- explicit rights, such as freedom of religion and implied rights, such as freedom of political communication, are protected in the Constitution
- Statutory laws such as the Australian Human Rights Commission Act 1986 (Cwth) established the independent statutory body tasked with promoting and protecting human rights in Australia.
-legislation not lead to binding or enforceable judgements.
-High Court, through common law precedents, Dietrich v The Queen 1992. Importance of a fair trial not automatically allow the accused to acquire legal assistance if they do not meet the criteria for legal aid.
-promotes human rights through the media and NGOs .. anti-slavery Australia who promote freedom from servitude and raise awareness for modern slavery breaches.
- The United Nations plays a significant role in the protection of human rights. Discuss the accuracy of this statement. - provide for and against -
-The UN has created more THAN 500 treaties and resolutions in addittion to the ICCPR and ICESCR, which act as hard law
-The General Assembly may also send special reporters to countries with poor human rights records to monitor, report, and make recommendations on human rights issues,
-passing resolutions which many condemn human rights violations.
-Security Council may initiate peacekeeping or humanitarian missions in troubled spots throughout the world to assist people where human rights may not be protected by their country.
-may approve military action to resolve human rights issues under the principles of the responsibility to protect (R2P).
-weakness is in enforcing -state sovereignty
-veto powers used by the Security Council allow for rejections of resolutions if they conflict with the country’s own agenda.
- difficulty in gaining a consensus with 193 nations members.
- Assess the role of international law in protecting human rights. Refer to a human rights issue in your response.
-Myanmar that does not uphold the right to life expressed in Article 6 of the ICCPR.
-International calls to end this suppression have been ignored.
-aid workers to provide food, water, shelter and medical treatment for people, -sovereignty to deny human rights,
-International Criminal Court although it is not a human rights court it can still prosecute individuals, but this happens after the breaches have occurred and is an extremely lengthy process; t
- With reference to ONE contemporary human rights issue, evaluate the effectiveness of legal responses to the issue.
-Myanmar since 2017 that has claimed more than 10,000 lives in the Rohingya genocide alone,
-UDHR Article 3 and ICCPR Article 6.
-Aus signatory to the Genocide Convention (1948),
-Division 268 of the Criminal Code Act 1995
-power not to address the human rights issue of genocide in Myanmar.
-forced Myanmar’s response and compliance by imposing a series of sanctions against five Myanmar military officers Guardian article (2018)
-sanctions came a year after the attack in Myanmar and did not achieve justice by prosecuting the individuals involved.
-police in Myanmar have been ineffective when dealing with this issue as they are largely controlled by the military regime, which has been responsible for many of the atrocities.
- Discuss how a charter of rights would affect the protection of human rights within Australia.
-only democratic country in the world that does not have a charter of rights.
-increased public knowledge about rights as it offers express and clear protection of rights, creating enforceable guidelines for the protection of human rights such as the rights to of a child.
-easier to change to reflect current societal values that the constitution can not do,
-effectively in other countries around the world - Canada.
-there is already adequate protection of HR in Australia under statute law, common law and the constitution.
-change who decides when rights conflict,
-create complex legal processes that would undermine a tradition of parliamentary sovereignty by bringing unelected judicial officials.
-high community support for a charter of rights, with 83% support (Human Rights Law Centre poll, 2021)
- ‘The Australian legal system protects and enforces human rights’. Assess this statement with reference to an example.
-Article 6 of the ICCPR which Australia has ratified into dom
-Death Penalty Abolition Act 1973 and in section 22(3)(c) of the Extradition Act 1988,
-Division 268 of the Criminal Code 1995 (Cth),
-ctions against five Myanmar military officers in response to criticism, as reported by the Guardian article (The extinction of Rohingya Muslims, 2018).
-sanctions came a year after the attack in Myanmar and did not achieve justice by prosecuting the individuals involved, as the genocide has continued since 2017, taking the lives of over 10,000 Rohingya Muslims.
- Assess how changing values have been reflected in the promotion and enforcement of ONE contemporary rights issue.
-10,000 lives in the Rohingya genocide alone.
- NGOs, including Amnesty International, criticised the Australian government for its failure to enact sanctions to address Myanmar’s non-compliance to preventing genocide.
-Article 3 of the UDHR 1948 and Article 6 of the ICCPR 1966
-Convention on the Prevention and Punishment of the Crime of Genocide (1948) -pressure of on governments so that current laws reflect society’s value of protection of minorities and the right to life.
-social media, these groups expressed how the international community values have shifted as they no longer are ignorant to the genocides taking place around the world.
- Division 268 of the Criminal Code Act 1995, which incorporates the crime of genocide.
Trade unions developing recognition - developing
Realisation of the collective right of workers to receive a fair and living wage.
Early associations of workers, as distinct from skilled tradesmen, were illegal.
Emerged during industrial revolution
One can consider this as the beginning of a collective right, rights referred to centuries before as rights of freeborn men.
The Trade Union Act 1881 NSW recognised trade unions in the Colony.
The right to join a trade union is guaranteed under:
UDHR article 23
ICCCPR article 22
Fair Work Act 2009
Trade unions are banned in Saudi Arabia and migrant workers are not allowed to join unions in the UAE.
In Australia – trade union membership down however, if it wasn’t for Trade Unions, Employees wouldn’t have their current entitlements/rights.
12.5% of employees (1.4 million) were trade union members. Since 1992, the proportion of employees who were trade union members has fallen from 41% to 12.5%. (Australian Bureau of Statistics, 2024)
Universal suffrage - developing
The recognition that all people have a right to have a say in their government.
UDHR article 21
ICCPR article 25
Australian Electoral Act 1918
In England only men who held property could vote.
Over time suffrage was extended to all Males aged 21
Women in Australia received the right to vote in 1902 nine years after New Zealand - Australian Constitution Act 1901
Roach v Electoral Commission (HCA 2007)
protected High Court (Common Law)
Separation of Powers
Women in Switzerland received the right to vote in 1971 in federal elections
Women in Saudi Arabia were allowed to vote in municipal elections in 2015 (Constitutional monarchy but they do have council elections)
Many US states are actively reducing franchise and many countries do not have free elections.
Ie vote in your area and only on a Thursday (Barriers to access)
1902 women in Australia allowed
ICCPR Article 25.
Education - developing
Education was once the right of the rich. Workers didn’t need to read or write.
This changed with the Enlightenment and people began to ask for education, as education and knowledge were both a right and a road to an improved life.
Article 26 UDHR, Article 14 ICESCR
Henry Parkes in the mid 19th century passed The Public Instruction Act 1880 NSW providing free compulsory and secular education for all NSW children.
Consider global figures:
It is estimated that a total of 30 million children in sub Saharan Africa do not attend school. 54% of them are girls. (UNICEF)
Boys leave home – girls are homemakers
Thirty-nine% of the worldwide poor have no formal education at all. (Compassion.com)
Art 26 UDHR and part of Sustainable Development Goals
Self determination - developing
It entails the entitlement of peoples to have control over their destiny and to be treated respectfully. This includes peoples being free to pursue their economic, social and cultural development.
Usually, a concept applied to indigenous peoples, but one fraught with problems due to the notion of state sovereignty and the rule of law
Article 1 ICCPR
Article 1 ICESCR
Some notable successes e.g. Nunavut in Canada
Conflict occurring because of the desire of groups of peoples to achieve independence:
Kurds
Karen
Southern Sudan – independent nation but highly troubled
Ethnic conflict – slaughter of the Rohingya in Myanmar
2018 Israel passed the Nation State Act which states that “the right to exercise national self-determination” in Israel is “unique to the Jewish people.” (Israel’s hugely controversial “nation-state” law, explained)
WHAT HAS BEEN THE SUBSEQUENT IMPACT OF SELF-DETERMINATION?
Environmental rights
IMPEDES on other rights
Article 25 UDHR
The right of a people to enjoy a clean and safe environment over time (3rd Gen – Collective)
Stockholm Convention 1972
Montreal Protocol 1987
Rio Declaration 1992
Kyoto Protocol 1997 (WHAT is the Kyoto Protocol)
Paris Agreement 2015
In July 2022, the United Nations’ General Assembly adopted a historic resolution declaring that the right to a clean, healthy and sustainable environment is a fundamental human right.
