Human Rights Flashcards
what are human rights?
- Human rights are the basic rights and freedoms that belong to every person in the world, from birth to death. They are fundamental entitlements of all people.
what are the 5 human rights?
- Universal - they apply to all people at all times.
- Inalienable - they cannot be removed, given up, traded, or sold.
- Inherent - they naturally belong to humanity.
- Indivisible -all rights are equally important and that no rights are better than others.
- Interdependent - The employment of rights depends on other rights. In order to express any rights, other rights must also be freely expressed.
what is universal suffrage?
- Suffrage means ‘the right to vote’.
what is self-determination?
- Self-determination is the right of Indigenous peoples to shape their own lives and futures according to their own values and beliefs.
what are environmental rights?
- Definition: The right of future generations to enjoy the same quality level of enjoyment that their parents did.
what are peace rights?
- The right to live in a peaceful environment.
what is the UDHR?
Universal Declaration of Human Rights (UDHR) - 1948:
- The main instrument of the inalienable and indivisible rights of all mankind
It was the first comprehensive and explicit statement designed specifically for the creation of a universal standard regarding the recognition and protection of human rights
what is the ICCPR?
International Covenant on Civil and Political Rights (ICCPR) - 1976:
- Framed in 1966 but took 10 years to ratify, coming into effect in 1976
- These rights were the first to be protected under international law and are accordingly sometimes called ‘first generation’ rights
Outlined universal civil and political rights.
what is the ICESCR?
International Covenant on Economic, Social and Cultural Rights (ICESCR) - 1976:
- These rights were the second rights to be articulated and are accordingly called ‘second generation rights’
- These rights are concerned with the financial, cultural and social wellbeing of citizens
- These rights require nations to undertake positive actions to ensure that their citizens participate fully and safely in society
They encourage quality of life and are generally positive rights that place duties on the state.
what is state sovereignty?
- Definition: State sovereignty is the ability of a nation state to make laws for its citizens without external interference.
- This recognises that nations have the right to govern themselves and other nations or organisations have no right to interfere in the internal affairs of another nation.
What is the role of the UN?
- UN Human Rights Bodies promote adherence to human rights through its Charter, it also seeks to raise awareness. There are committees under each of the covenants promoting countries to enforce human rights. Each nation that assents and then ratifies a treaty will have reporting obligations under the treaty.
- The security council has more power, yet still limited by veto power.
General assembly is the main deliberative, policymaking and representative organ of the UN.
- The security council has more power, yet still limited by veto power.
what is the role of intergovernmental organisations?
- IGOs are very significant with respect to human rights protection and enforcement.
IGO’s operate in different regions of the world, INTERPOL, the UN. The countries agree to be part of intergovernmental organisations. Usually wanting to uphold human rights. Yet there is no power to force these rights to be upheld due to state sovereignty
what is the role of courts, tribunals, and statutory authorities?
- Like IGOS, courts and tribunals are independent statutory authorities. This means that the courts and tribunals are set up under statutory instruments – conventions or treaties between member states.
There are two permanent international courts: The International Court of Justice (ICJ) and the International Criminal Court (ICC). The ICJ is the UN’s court and is used by UN member states (not individuals). It therefore indirectly promotes/upholds human rights.
what is the role of non governmental organisations?
- NGOs are organisations that have a specific purpose or special interest and are generally funded without the support of any government.
- This is effective, as they are not tied or biased to any political opinion.
- As they are independent, they can fearlessly criticise government and expose its abuses.
- They raise awareness, but cannot enforce human rights, they are able to assist legal mechanisms through lobbying the government.
NGOs tend to articulate and expose human rights issues an abuses and often use the media very effectively.
what is the role of the media?
- The media can promote human rights enforcement but can also hinder it
- It can name and shame, objectively report, investigate and report
- It can expose human rights abuses and embarrass governments into changing their decisions
The media can hinder if a government is very invasive or controlling of the media through censorship, bans or covertly authorising the assassination of journalists and reporters
How does the Constitution protect and enforce rights in Australia?
The Constitution protects rights through:
- Australia has the power for different bodies in government to have power: the division and separation of powers.
- The division of powers doctrine - divides between the state and federal
- The separation of powers doctrine - divides the institutions into judiciary, legislative and executive
Express and implied rights
what is the separation of powers?
Legislative, executive, judiciary
what is the division of powers?
- Powers divided between the Commonwealth and the States
- Exclusive Powers (Commonwealth)
- Residual Powers (States)
Concurrent (shared powers between Commonwealth and States)
what are express rights within the constitution?
- Express rights are clearly written and stated explicitly, like the freedom of religion, right to vote, right to a trial by jury, the right to have property acquired on just terms, the right to not be discriminated against on the basis of the state you live in etc.
what are implied rights within the constitution?
- Implied rights are rights that need to be read into, and need to be clarified by judicial decision, like the freedom of speech which is implied by sections 7 and 24 in the Constitution, but need to be clarified by courts.
Implied rights include basic rights and freedoms that all citizens PRESUME they have, but sometimes they have to go to the High Court if these rights are abused
what is statute law in australia?
(Parliament made law):
- Legislation or statutory law provides a clear legal framework for the protection of human rights.
For example, the Fair Work Act 2009 (Cwlth) protects rights at work and the various criminal laws protect people from the harmful acts of others. Is able to relate to the ICESCR.
what is common law in australia?
(Court made law):
- Try to use a high court case as it becomes a precedent.
- The common law system is the legal system followed in Australia, inherited from the United Kingdom. Common law is developed by judges on a case by case basis, building on the precedent and interpretation of earlier court decisions.
what are courts and tribunals?
- The courts are open, independent and accessible. This means that proceedings can be viewed – which in itself is a mechanism for supporting and promoting human rights.
- Tribunals are not legally binding.
- The court hierarchy fosters human rights; judicial officers can be trained and specialised and thus understand how to best apply the law.
Courts and tribunals must adhere to the rules of natural justice
name some NGO’s in australia?
- Australian Red Cross
- Australian Human Rights Commission
- Amnesty International acting within Australia
- Action on Poverty
- The Human Rights Council of Australia (HRCA)
- The Human Rights Law Centre (HRLC)
- Anti Slavery Australia
what is a charter of rights?
- A charter of rights is a document detailing the rights that are accorded to individuals within a nation.
- Australia doesn’t necessarily have a Chart of Rights, instead human rights in Australia are currently protected through a range of Commonwealth and State legislation, common law decisions and the Constitution (express and implied).
- A Charter of Rights would bring together all of the rights that are currently identified in various places (see above). Further, all new laws would have to be written in a manner consistent with the Charter.
what are the two types of charter of rights?
- A statutory charter of rights, made by Statute law like the Human Rights Act
A constitutional charter of rights, made though or via the creation of a new Constitution. (against: Constitution’s are hard to change, only be Referendum, meaning that if there is a matter needing urgent changing, it will be harder to change)
