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HSC Legal Studies > Human Rights > Flashcards

Human Rights Flashcards

1
Q

Universal, indivisible, inherent, inalienable?

A

Universal: conferred upon all individuals regardless of nationality, gender, race etc.
indivisible: equally important
Inherent: employed by all humans simply by reason of their humanity
Inalienable: people cannot agree to waive them or have them taken away.

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2
Q

Categories of human rights

A

Civil and political
Economic, social and cultural
Collective

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3
Q

Civil and political rights? What international instrument/s govern them?

A

Civil: to do with being free citizen of nation (eg. Freedom or religion)
Political: do with full participation of govt. (eg. Suffrage)
Entrenched in Articles 3-21 of UDHR 1948 and ICCPR 1966

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4
Q

Social, economic and cultural rights?

What international instrument/s govern them?

A

Economic: concerned with production, development and management of materials for necessities of life
Cultural: assist in preservation and enjoyment of one’s culture
Social: give people security to live together
Entrenched in articles 23-27 of UDHR 1948 and ICECSR 1966

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5
Q

Collective rights

A

Belong to entire communities as opposed to solely individuals eg. Environmental/peace/self-determination/ freedom of religion and association

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6
Q

Define slaves. Movement of slavery?

A
  • slaves had no personal, individual rights and would be bought and sold as property as well as physically, sexually and emotionally abused.
  • slave trade started in ancient times in Ancient Greek, Egyptian and Roman world and continued until the 18th century where it was challenged.
  • Protestants began to oppose slavery as it was inconsistent with church maxims of ‘loving thy neighbour’ and ‘equality before God’
  • in response, British govt. passed SLAVERY ABOLITION ACT 1833, which would abolish slavery despite economic consequences in plantation areas.
  • After WW1, CONVENTION TO SUPPRESS THE SLAVE TRADE AND SLAVERY 1926 was enacted following the continuation of the slave trade.
  • when UN replaced League of Nations, supplementary convention was enacted that forced banned use.
  • despite this, slavery still exists with UN estimating around 2.5 million people are being recruited, transported, entrapped and exploited.
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7
Q

Define trade union. Trade union movement?

A

Trade unions: employee associations which employ their combined bargaining power to attain more favourable wages and working conditions

  • emerged following Industrial Rev in Britain
  • early trade unions established sense of responsibility in employers towards their employees
  • article 23 of UDHR recognised right to form and join trade unions for protection of ones rights.
  • despite this continue to experience difficultly part. In Middle East where it is illegal to engage in union activity
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8
Q

Universal suffrage and movement?

A

Right for every adult to vote

  • previously, only extended to white, male upper class
  • gradually extended to lower class and only until 1890s was it extended for women. SA granted in 1984, fed gov followed in 1902.
  • right to vote entrenched in article 21 of UDHR
  • still outlawed in Saudi Arabia
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9
Q

International bill of rights constituted by:

A

UDHR, ICCPR, ICECSR

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10
Q

UDHR?

A

Universal declaration of human rights lists human rights to which each person is entitled, 30 articles devoted to particular or set of rights.

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11
Q

State sovereignty

A

Nations right to govern itself and decide its own destiny without external influences on domestic affairs

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12
Q

Disadvantage of state sovereignty

A
  • States can commit human rights abuses without fear of retribution
  • States do not have to attend hearings
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13
Q

Why do States comply with international human rights law?

A

Reciprocity: expectation that other states will respond in kind
Legal obligation: legally obliged to protect and preserve humans rights

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14
Q

Why don’t States comply with international human rights law

A

Many countries may view principles in UDHR and UN Charter as purely Western ideals, resulting in national non-compliance and creation of instruments such as Cairo Declaration on Human Rights in Islam 1990

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15
Q

GA? Role?

A

General assembly is legislative body of UN and involves 193 member states who serve to promote human rights through passing resolutions which may protect/strengthen human rights internationally.

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16
Q

Effectiveness of GA?

A

GA can be considered effective as:
- provides forum for all UN member states to address human rights issue
- thousands of resolutions passed
Effectiveness constrained by:
- reliance of SC to enforce resolutions
- state sovereignty > refusing compliance

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17
Q

SC. Role?

A

Security council is the executive body of the UN and served to enforce human rights resolutions made by GA. In reaction to non-compliant states, they may undertake;

  • moral sanctions
  • economic and financial sanctions > trade embargoes and freezing financial assets
  • use of force
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18
Q

Effectiveness of SC is limited due to?

A
  • Big 5s veto power > insulates these powers from international human rights scrutiny. America, Russia + China not experienced any sanctions for their human rights declaration
  • economic sanctions often increase hardships on general population not political elite.
19
Q

ICJ. How was effectiveness demonstrated?

A

International court of justice is the judicial body of the UN. States which commit human rights violations against citizens of other states and which have accepted jurisdiction of ICJ are liable to be sued by victim state.
- NICARAGUA VS. USA 1986 > Nicaragua suing US for their implicit involvement in war crimes committed by contra forces > shows ICJ is effective instrument for nations to express human rights grievances.

20
Q

Office of the United Nations high commissioner for human rights role and goal?

A

Is an intergovernmental organisation - Serves to coordinate various human rights bodies and prevent the occurrence of human rights violations.

21
Q

ICC?

A

International criminal court was created by ROME STATUTE 1998 and trials individuals accused of genocide, war crimes and crimes against humanity.

22
Q

Advantages and disadvantages of ICC.

A

A:
- principle of deterrence > discouraged due to fear of punishment
- justice achieved in states which normally would not be capable of prosecuting human rights violations
- legal processes and institutions already in place before violations occur > increasing efficiency
D:
- warrants proven difficult to execute due to non-compliant gvts.
- most ICC’s case load comes from Africa suggesting regional bias
- difficultly in convincing witnesses to come forward

23
Q

NGOS. Role of NGOS

A

NGO’s are not for profit and politically unaligned organisations aiming to improve people’s lives. They have varied purposes, issues and supporters. They must rely on donations from individuals, advocacy groups and UN

24
Q

Eg of NGO. And successes.

A

Amnesty international is an NGO seeking to advance cause of human rights globally through lobbying of fonts. And other important groups.
- arms trade treaty 2013 which prevents signatories from selling weapons to counties where the risk of human violations is high is an important success of AI advocacy + lobbying.

25
Q

Role of media.

A

Media’s role is to be an informer who informs the public of actions taken by NGOs, IGOS and govts. They also launch undercover investigations and uncovers truths about human rights violations.

26
Q

Effectiveness and ineffectiveness of media;

A

E:
- human rights violations are quickly uncovered and dispersed
- public opinion can be mobilised by media to force action on behalf of govts. In response to human rights issues
I:
- ‘compassion fatigue’ > dampens public outcry
- can not enforce law

27
Q

How are human rights enforced in AU?

A

Constitution, statue + common law, courts and tribunals

28
Q

Advantage and disadvantage of human rights within the constitution.

A

A: human rights virtually guaranteed against tyrannical governments since constitutional law is sacrosanct and not easily overturned
D: rigidity of constitutional law means that human rights guarantees do not easily change alongside evolution in societal values and ethics (ie. Same sex marriage)

29
Q

Separation and division of powers.

A

Separation of powers: divides govt. into legislative, executive and judicial
Division of powers: assigned right to enter into (human rights) treated to federal govt.

30
Q

Statute law and the protection of human rights?

A

By definition, statute law changes S governments do which causes inconsistency and unpredictability in legal framework. However, some argue, that it allows law to move more quickly and change to reflect community values.
- failure to amend marriage act 1961 (cwlth) to allow same sex marriage which contravenes against international human rights law, with article 16 of UDHR guaranteeing right to marriage for all.

31
Q

Common law and protection of human rights?

A

Common law is judge made law created through establishment of judicial precedents. Certain human rights are conferred by common law including:

  • limited right to legal representation (est. in Dietrich vs. The Queen 1992)
  • right of indigenous people to self determination and native title (Mabo vs QLD (No.2) 1992
32
Q

Role of courts and tribunals in human rights.

A

Interprets human rights legislation

33
Q

Charter of rights? Arguments in favour/against?

A

List of essential rights to which all people in nation are entitled

  • F: it would improve community’s access to the law.
  • NIF: current safeguards are sufficient and this change is unnecessary
34
Q

Difference between entrenched and legislative charter of rights

A

Entrenched is contained within constitution, legislative is created by statute in parliament

35
Q

Arguments FOR entrenched charter:

A
  • will be well-defined constitutional limits on govt. power

- just because charter may be changed by statute does not necessarily mean that it will reflect public opinion

36
Q

Arguments FOR legislative charter:

A
  • more realistic change of creative legislative due to high rate of failure of referenda
  • easy changed to reflect changing community values and ethics
37
Q

International law re: human trafficking and slavery.

A
  • Supplementary convention on the abolition of slavery, the slave trade and practices similar to slavery 1956 clarified and expanded definition of slavery from UN Slavery convention to include debt bondage, forced marriage and child slavery. > further protection of rights, responsive to changing societal views - however didn’t address illicit issues such as slavery + human trafficking this creating delays and injustices
  • 2000 protocol to prevent, suppress and punish trafficking in persons - est. as first legally binding instrument with agreed definition of human trafficking
  • convention on abolition of slavery 1956 addressed lack of protection for individuals being trafficked.
38
Q

Example of effective international instrument into AU law re: human trafficking and slavery.

A

The 2000 UN protocol to prevent, suppress and punish trafficking in persons achieved greater conformity when embedded into national laws ie. criminal code amendment (trafficking in persons offences) act 2005 (Cth) which allowed prosecution of Chee mei Wong for forcing 6 student visa applicants to work as prostitutes. (6yrs)

39
Q

Domestic legislation re: human trafficking and slavery.

A
  • crimes legislation amendment act 2013; more harsh penalties and punishments for those committing this offence
  • crimes legislation amendment (slavery, slavery- like conditions and people trafficking) act 2013: human trafficking recognised through offences of forced labour, marriage, organ trafficking and harbouring a victim. Also changed offence of sexual servitude to ‘servitude’ which includes sexual, non sexual, commercial and private settings
40
Q

Non governmental organisation re: human trafficking and slavery

A

Anti slavery australia est. 2003: dedicated to eradicating human trafficking and slavery through continuous research, lobbying, educating public and collaborating with govt agencies and community groups to form strategies such as Project Respect > empowers and supports women in sex industry

41
Q

Success of NGO UTS Anti Slavery Australia?

A

Long advocated for increase in penalties for offenders of slavery and in 2013, successful with introduction of Crimes Legislation Amendment Act

42
Q

Media re: human trafficking and slavery

A

In 2006; SBS aired documentary TRAFFICKED that informed and shocked audiences about existence of sex slavery in AU. acted as catalyst for some victims to lodge compensation claims as they gained knowledge of their rights.

43
Q

Human rights are? How are they protected?

A

Human rights are fundamental rights to which every human being is entitled solely for being human. They are protected under the Charter of UN 1945 and UDHR 1948. They are universal, indivisible, inherent and inalienable.

HSC Legal Studies (4 decks)

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