Human Rights

Question 1

What is terra nullius?

Answer 1

Empty land

Question 2

What is a test case?

Answer 2

A case that establishes new legal rights or principles.

Question 3

What is standing?

Answer 3

For a person to take a matter to court they must have standing. This means the person must be able to show he/she was personally affected by the action of another person or group and suffered as a result

Question 4

What are the four characteristics of Human Rights?

Answer 4

Universal- applies to everyone
Inherent - birth right to all humans
Inalienable - cannot be given up or taken away
Indivisible - all equally important

Question 5

What is the universal declaration of human rights?

Answer 5

Formal statement outlining the importance of human rights

Question 6

Definition of a refugee

Answer 6

Any person with a fear of being prosecuted for reasons of race, religion, nationality, is outside the country of his/her nationality and is unable to avail the self of the protection of that country

Question 7

What was the Malaysia agreement?

Answer 7

Commonwealth gov agreed to transfer 800 unprocessed people who had arrived in Aus for 4000 processed refugees I’m Malaysia

Question 8

What is the Australian law that protects asylum seekers?

Answer 8

The migration act 1958

Question 9

2 limitations of the ability of the United Nations to protect human rights

Answer 9

Countries may be reluctant to report their own human right violations

Different cultures can interpret human rights differently eg. Some may not recognise the equality of woman

Question 10

4 ways human rights are protected in Aus

Answer 10

No law prohibits an action
Common law
Statute law
The constitution

Question 11

What is ‘no law prohibits an action’ (how human rights are protected in Aus)

Answer 11

In some cases our rights are not protected by the law but exist because their is no law that interferes with the right.

Question 12

What is statute law? (Human rights protected by Aus)

Answer 12

Laws made by parliament

Question 13

What is the constitution? (How rights are protected by Aus)

Answer 13

The constitution States some limited rights and some rights are clearly stated

Question 14

Why was roach applying to the HC?

Answer 14

Because as a prisoner she was unable to vote at federal elections and she believed this particular ban was unconstitutional

Question 15

What was the outcome of Vicki Roaches case?

Answer 15

The HC agreed the constitution protected a citizens right to vote but said it was legitimate for parliament to put some restrictions on this. Removing right from prisoners with 3+yr sentence was within constitutional power because it takes into consideration the seriousness of the offence

Question 16

Could roach vote as a result of her case?

Answer 16

The result meant roach couldn’t vote but over 8000 prisoners were given back the right to vote.

Question 17

What are 2 conflicting views of the Vicki Roach case?

Answer 17

Many people believed the prisoners where serving another sentence and this further isolated them

Many thought who is removed from society shouldn’t have a say in society either

Question 18

What are 4 achievements of Burnie Banton?

Answer 18

1. James hardy set up a compensation fund for those affected by asbestos
2. Helped force establishment of the dust diseases tribunal
3. Medication was more accessible- put on the public benefits scheme
4. Made it possible for Asbestos victims to sue twice

Question 19

What happened to Leesa Meldrum?

Answer 19

Dr. John Mcbain wanted to allow all woman to access the IVF program but didn’t have standing. He brought Leesa to the court case cause she was single woman wanting IVF program but law said only married woman could access it. Mcbain and Meldrum won

Question 20

What was the ratio decidendi of the Mabo case?

Answer 20

The principle of terra nullius had been incorrectly applied, as Aus had never been empty land and so the British were wrong to use it as the legal basis for their occupation of the land

Question 21

What is a right?

Answer 21

An entitlement or permission, usually of a legal or moral nature