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BGHS Legal > Human Rights > Flashcards

Human Rights Flashcards

1
Q

What is the definition of human rights?

A

The basic rights that all people are entitled to simply because they are human.

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2
Q

What are the 4 characteristics of human rights?

A

They are (1) UNIVERSAL - they apply to everyone; (2) INALIENABLE - they cannot be taken from you; (3) INDIVISIBLE - they are all of equal importance; (4) INHERENT - you are born with them

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3
Q

What is the name of the main international document which outlines fundamental human rights?

A

The Universal Declaration of Human Right 1948 (UDHR)

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4
Q

What are the names of the 2 main enforceable international treaties which aim to protect human rights?

A

The International Covenant on Civil and Political Rights 1966 (ICCPR) and the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR)

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5
Q

Define the term ‘state sovereignty’

A

The power of a nation to make decisions as to the laws and governance of its country without external interference.

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6
Q

Define ‘self-determination’

A

Self-determination is a COLLECTIVE right that a group of people have to determine their own political status

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7
Q

Which international treaties aim to protect the right to be free from slavery?

A

The ICCPR and the Slavery Convention 1926

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8
Q

Which international treaty aims to protect labour rights and the right to join a trade union?

A

The ICESCR

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9
Q

Which international treaty aims to protect the right to vote?

A

The ICCPR

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10
Q

Which international treaty aims to protect the right to education?

A

The ICESCR

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11
Q

Which Act protects the right to be free from slavery in Australia?

A

The Criminal Code Act 1995 (Cth)

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12
Q

Which Act ensures the right to an education in Australia?

A

(State based legislation) Education Act 1990 (NSW)

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13
Q

How is the right to vote protected in Australia?

A

The Constitution

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14
Q

What is one Act which aims to protect Labour rights in Australia?

A

Fair Work Act 2009 (Cth)

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15
Q

Define Peace rights

A

The right to live in a peaceful environment and free from conflict, war and oppression.

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16
Q

Define environmental rights

A

The right to a clean, healthy and sustainable environment, without which, many other fundamental rights outlined in the UDHR cannot be maintained.

17
Q

Identify 2 international agreements whose aim has been to provide environmental rights

A

Stockholm Declaration 1972 - the first global attempt to protect the human environment. However, only a declaration - not enforceable)
Kyoto Protocol 1997 - aimed to establish legally binding targets to limit greenhouse gas emissions.
United Nations Framework Convention on Climate Change (UNFCCC) - an international treaty established at the Earth Summit in 1992. It has been ratified by most nations and aims to reduce greenhouse gas emissions. It does not set legally binding limits on emissions unless protocols are set (like the Kyoto Protocol). Countries meet everyone to discuss progress (the next meeting is in Paris in Nov 2015)

18
Q

Identify the main international body which aims to protect human rights

A

The United Nations

19
Q

Identify 5 UN bodies who attempt to promote and enforce human rights

A 
General Assembly 
Security Council
Human Rights Council 
Human Rights Committee (oversees ICCPR)
UNHCR (High Commissioner for Refugees)
20
Q

What is the Responsibility to Protect?

A

A principle adopted by UN in 2005 to protect populations from the most heinous crimes such as genocide and war crimes. It was developed in response to the failure of the international community in situations such as Rwanda.

21
Q

What are the three main commitments of the R2P?

A
  1. The state carries the responsibility to protect its people
  2. The international community has responsibility to assist states in fulfilling this responsibility
  3. The international community should use appropriate means to protect populations from these crimes
22
Q

How many people were killed in the 1994 Rwanda genocide?

A

Approximately 800,000

23
Q

In which situation did the UN’s Security Council invoke the Responsibility to Protect to use force to enter a country to protect its people from crimes against humanity?

A

Libya in 2011.

24
Q

What is the role of the UN’s Security Council?

A

Maintain international peace and security

25
Q

What feature of the Security Council limits its effectiveness? Give an example of a conflict where this is demonstrated

A

The veto vote of the 5 permanent members of the Security Council.
The crisis in Syria

26
Q

What is the name of the UN body who oversees the ICCPR?

A

The Human Rights Committee

27
Q

What is the name of the UN body established in 2006 to promote and protect human rights across the globe?

A

The Human Rights Council

28
Q

How does the Human Rights Council promote and protect human rights?

A

By requiring all nations to submit a Universal Periodic Review of its human rights protections.
By taking complaints from individuals and organisations to bring human rights violations to the attention of the Council.

29
Q

What is an intergovernmental organisation?

Name 3 Intergovernmental Organisations who aim to protect human rights

A

An international organisation established by a group of nation-states. Examples:
The UN’s Human Rights Council
The Council of Europe
The United Nations

30
Q

Name 2 Independent Statutory Authorities who aim to protect human rights

A

The Human Rights Committee (Oversees the ICCPR)
The African Commission on Human and People’s Rights
(NOTE: it is very hard to distinguish between an Intergovernmental Organisation and an Independent Statutory Authority)

31
Q

Name 2 international or regional courts which enforce human rights

A

The International Criminal Court (ICC) and the European Court of Human Rights

32
Q

Which treaty established the International Criminal Court?

A

The Rome Statute (2002)

33
Q

How many successful prosecutions has the ICC had?

A

2 (both from the Democratic Republic of the Congo)
Thomas Lubanga - found guilty of war crimes in 2012 and sentenced to 14 years in prison
Germain Katanga - found guilty in 2014 of crimes against humanity and war crimes and sentenced to 12 years imprisonment

34
Q

What is the greatest impediment to the success of the ICC?

A

State sovereignty

BGHS Legal (4 decks)

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