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Legal Studies 2020 > Human rights > Flashcards

Human rights Flashcards

1
Q

What is the definition of human rights?

A

Human rights refer to basic rights and freedoms that are believed to belong to all human beings. They are universal inalienable (cannot be taken away) and inherent in all people. They are also often described as ‘indivisible’, meaning they are interdependent.

Human rights are a collective of fundamental standards for the treatment of individuals in a fair, just and free society.

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2
Q

What are the three fundamental features of human rights?

A
  1. Inherent- a person possesses them the moment they are born
  2. Inalienable- governments may deny people access to their human rights but they cannot be taken away.
  3. Universal- they apply to all people regardless of race, age, ethnicity, gender, etc.
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3
Q

What do human rights aim to protect?

A

Human rights aim to protect individuals from injustice, allow people to achieve their full potential in society and prevent discrimination against groups of people because of their physical characteristics or beliefs

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4
Q

What is the Universal Declaration of human rights? (UDHR)

A

The universal declaration of human rights (UDHR) is an international declaration of human rights and has formed the basis of laws, constitutions, international treaties and ongoing international debate on human rights. The preamble to the UDHR adopted by the General Assembly of the united nations in 1948, sets out the fundamental purpose for the recognising human rights. It states that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world’.

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5
Q

What is the concept of human rights central too?

A

The concept of human rights is central to the operation of law in modern democratic societies and is an integral part of the international legal system.

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6
Q

What can human rights be categorised as?

A

Human rights can be categorised as ‘individual or ‘collective’.

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7
Q

What are individual human rights?

A

Individual human rights are rights possessed by all people in their own right- e.g the right to an education, the right to vote.

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8
Q

What are collective human rights?

A

Collective human rights are those that belong to a distinct group of people and are exercised on behalf of that community- e.g the right to self determination and the right to peace.

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9
Q

What is slavery?

A

(Slavery is defined as forced labour) Where a person is considered the legal property of another)

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10
Q

What are some processes that have developed the recognition of humans rights?

A

Abolition of slavery, The trade union movement, Campaign for universal suffrage, Campaign for universal education, Emerging environmental rights, attempts to establish a right to peace.

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11
Q

What is a trade union?

A

A trade union is an organised association of workers formed to protect and further their rights and interests.

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12
Q

What does it mean to campaign for universal suffrage?

A

Campaign for universal suffrage (right for all citizens to vote in political elections)

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13
Q

What does it mean to campaign for universal education?

A

Campaign for universal education, free and compulsory education for all children

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14
Q

What does the to self-determination mean?

A

Right of people of a territory or national group to determine their own political status and how they will be governed).

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15
Q

What is a relevant article of the UDHR in regards to slavery and what are some of its points?

A

UDHR-Article 4- ‘no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all forms’

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16
Q

When did moves to abolish slavery begin?

A

Moves to abolish slavery and slave trading in Europe began as early as the 12th century.
Abolitionism really began in the 18th century (the 1700s)- rationalist thinkers began to criticise slavery as violating the rights of man and Christians saw slavery as unchristian.

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17
Q

When was slavery ruled illegal in England? With what legislation?

A

In England, slavery was ruled illegal in the common law of England in R V Knowles (1772) when the judge held that slavery was no longer legal in England, but this did not affect slavery elsewhere in the British empire.

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18
Q

What happened in 1890 Africa in regards to slavery?

A

The abolitionist movement continued in the rest of the world and by 1890, European countries met in Brussels, Belgium to sign the General act of Brussel’s conference relating to the African Slave Trade, abolishing slavery in Africa.

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19
Q

How many slaves are there today?

A

There are an estimated 27 million people enslaved worldwide.

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20
Q

In what forms does slavery exist today?

A

Today slavery exists in forms such as, Child slavery, sexual slavery, domestic slavery, bonded slavery and human trafficking is inextricably linked to slavery

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21
Q

What is human trafficking?

A

Commercial trade in human beings for the purpose of some form of slavery.

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22
Q

When did labour laws begin?

A

Labour laws began with the industrial revolution ( which occurred during the 1700’s and 1800s) and the introduction of mechanised manufacturing

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23
Q

When labour laws first began what was the essence of them?

A

The essence of such labour laws when they first began was the protection for workers, with demands for better conditions and the right to ‘organise’.

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24
Q

What was the first piece of legislation regarding Trade unions in Britain?
What did it secure?

A

The Trade Union Act 1871

which secured the legal status of trade unions

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25
Q

What was the aim of the International Labour Organisation? (ILO)

A

The aim of the ILO was to improve conditions for workers around the world and over time has been responsible for many conventions on working conditions and rights.

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26
Q

Where have labour rights been enshrined in the UDHR?

A

Labour rights were finally enshrined in the UDHR which provides the following labour and trade union rights: Right to work, to free choice of employment, to just/favourable remuneration, right to form and join trade unions, right to rest and leisure including reasonable limitation of working hours and holidays and pay.

Labour rights have also been enshrined in the International Covenant on Economic and social and cultural rights (ICESCR)

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27
Q

What is the definition of democracy?

A

Democracy is the political system whereby the authority of government is based on the will of the people as expressed through genuine periodic elections.

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28
Q

What is universal suffrage and why is it important?

A

Universal suffrage is now considered an essential human right and is defined as the right to vote by all citizens, in political elections regardless of status, gender, race or creed’. This is important to a healthy democracy as the will of ALL citizens can be reflected in government decisions increasing the probability that their human rights will be upheld

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29
Q

When were women allowed to vote in Australia?

A

The Australian Commonwealth allowed women’s suffrage in 1902 (Although the state of South Australia allowed this in 1894)

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30
Q

Asses the extent to which the principle of the right to vote has been accepted by nations in the world today.

A

The right to vote was recognised as a universal human right in article 21 of the UDHR in the late 1940s, By 2015, 89n countries representing 46% of the world population were classified as democratic however 51 countries representing 26% of the world population were still classified as not free. The rest being partially free.

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31
Q

What happened in the Arab spring

A

The Arab spring is a term used to describe the popular uprisings that began late December 2010 in Tunisia that swept across many Arab countries (Egypt, Libya, Syria Yemen), which resulted in many of these countries dictators being ‘overthrown’ (e.g President Mubarak in Egypt and Colonel Gaddafi in Libya .) Mass demonstrations characterised the Arab spring.

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32
Q

Define universal education?

A

Universal education refers to the idea that all hum beings have a right to education

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33
Q

What was education generally associated with?

A

Education was generally associated with wealth and power or certain trades

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34
Q

What was the Public Instruction Act 1880?

A

the Public Instruction Act 1880 (NSW) provided that the government take control of all church run schools, except those run by the catholic church, making education free secular and compulsory

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35
Q

What are the sustainable development goals?

A

The sustainable development goals are a universal call to action to end poverty, protect the plant and ensure that all people enjoy peace and prosperity

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36
Q

What are three sustainable development goals?

A

No poverty, zero hunger and good health and well being

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37
Q

What is a collective right?

A

A collective right is a right of a group or a people.

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38
Q

What does the collective right to self-determination mean?

A

The collective right to self-determination means the right of people to determine how they will be governed, or their political status based on territory or national grouping. The group has the right to choose how it will be governed without undue influence from another country. Political self- determination is closely related to demographic rights in that it involves the consent of the people as the basis for a sovereign state.

39
Q

What two documents strengthened this recognition of the right to self-determination?

A

UDHR (Article 15 - everyone has the right to a nationality) and the international covenant on social, economic and cultural rights (ICESCR) adopted by the UN in 1966

40
Q

What does article one of the UN charter do?

A

Article one of the united nations charter gives the UN power to take measures to prevent and remove threats to peace

41
Q

What are two legal mechanisms designed to deal with violations of the right to peace?

A

Two designed to deal with violations of the right to peace are the UN security council and the International criminal court ICC

42
Q

What was the International Criminal Court?

A

The international criminal court (ICC) was established in 2001 and has jurisdiction to try individual people for wars of aggression as well as war crimes and other crimes

43
Q

What are some notes about the Universal declaration of human rights?

A

It’s a declaration so is thus not law binding.
It has 30 articles, covering rights such as the right to life, liberty, security, though religion, education, work , right to join a trade, rights to freedom of slavery and torture

It has become an enduring statement that has inspired more than 200 international treaties

44
Q

What are some facts about the Covenant on Civil and political rights.

A

The ICCPR creates an obligation on states to respect the civil and political rights of individuals

45
Q

What are some civil rights outlined in the ICCPR?

A

Civil-about life and safety and how you interact with society (e.g rights to original thought and expression, right to freedom of religion, right to freedom of movement, right to marry whoever they wish and to have a family)

46
Q

What are some of the political rights outlined in the ICCPR

A

Political-right to vote, free to petition, right to justice (to be treated equally and fairly), freedom of assembly, freedom to associate, right to participate and ask questions of the government..

47
Q

What forms the international bill of rights?

A

Together the UDHR, the ICCPR AND THE ICESCR are collectively known as the intentional bill of rights

48
Q

Remember: UDHR is regarded as soft law (they do not create legal obligations upon states but do create pressure to act) and the ICCPR and ICESCR are regarded as hard law (international law creating legally binding obligations upon states)

A

Remember: UDHR is regarded as soft law (they do not create legal obligations upon states but do create pressure to act) and the ICCPR and ICESCR are regarded as hard law (international law creating legally binding obligations upon states)

49
Q

What is state sovereignty?

A

State sovereignty refers to the ultimate law making power of a nation- it’s independence and freedom from external interference in it’s affairs. State sovereignty is a nations legal and political power to make laws over its over population and to enforce laws.

50
Q

What are the five factors that are required of a state in international law?
(As outlined in the Montevideo Convention)

A
  • A permanent population
  • A defined territory
  • A system of government
  • Capacity to enter into international relations
  • recognised by a number of other states so that it can exercise it’s full potential and legal capacity (membership of the UN is the clearest mark of statehood)
51
Q

What limits State sovereignty?

A

State sovereignty is limited under international law by certain duties owned to the international community . Without any such limitations, a system of international anarchy would result in allowing governments to attack each other without cause, abuse their own citizens etc, without fear of consequences nor any means for their citizens to seek help.

52
Q

What is one of the major problems of state sovereignty?

A

One of the major problems of state sovereignty in regard to human rights is that not all governments equally accept the idea that people have certain rights.

53
Q

What are the five principle organs of the UN?

A 
UN-general assembly
UN-security council
Economic and Social Council
UN Secretariat
International Court of Justice
54
Q

What is the UN General Assembly?

A

The main forum or international discussions deliberations, declarations and recommendations, many relating to issues of human rights.

55
Q

What is the UN security council?

A

The UN security is charged with the preservation of international peace and security, exercising power through legally binding resolutions, Can authorise military actions, sanctions or peace keeping operations. It has 5 permanent members who have the power to veto decisions.

56
Q

What is the Economic and Social Council (ECOSOC)?

A

this body has 54 rotating members who meet annually to assist in promoting international economic and social cooperation and development

57
Q

What is the UN secretariat?

A

Main administrative body of the UN with over 40,000 staff working worldwide. It provides the information studies, tasks and facilities needed by the UN. It is headed by the UN secretary-general .

58
Q

What is the international court of justice?

A

The International Court Of Justice- The primary organ of the UN, It has jurisdiction to settle international disputes submitted to it by international organs. It cases rarely relate to issues of human rights.

59
Q

What is the Aim of the UN Human Rights Council (UNHRC)

A

It aims to address human rights violations worldwide and make recommendations.

60
Q

What has the UN Human Rights Council (UNHRC) been criticised for?

A

The UNHRC has been criticised for acting not in the intrest of human rights, but according to political considerations. Particularly influential states including China and Russia have been accused of backing and controlling certain candidates to block criticism

61
Q

What was the Toonen V Australia case?

A

Toonen lodged a complaint to the UNHRC that Tasmanian laws criminalise consensual sex between adults males argued that this was a violation of his human right to privacy. ( In violation of his human right to privacy (inviolation of ART17 ICCPR) and was discriminatory as homosexual men were equal before the law (in violation of ART26 ICCPR)

62
Q

How does Article two limit the UN charter?

A

Article 2 of the UN charter “nothing” contained in the present Charter shall authorise the UN to intervene in matters which are essentially within the domestic jurisdiction of any state
However the Security council can take military and non military action to restore international peace and security

63
Q

What are the three pillars of the R2P Right to protect?

A
  1. It is the responsibility of state to protect their populations from these crimes
  2. The international community is responsible for helping states develop the protective ability before such crises or conflicts break out
  3. When a state has failed to protect its citizens and peaceful means are not sufficient, the international community must take action to prevent harm
64
Q

What is one concern about the right to protect?

A

One concern about the R2p is that the security council politics might influence it use, either in favour of or against certain states. As the five permanent members of the security council have a right to veto any resolution, this may well be the case and may potentially limit the effectiveness of the doctrine

65
Q

What is an IGO?

A

An IFO is an international institution made up of member states created by agreement between states, with an international treaty that acts as a charter outlining the purpose and operation.

66
Q

What are examples of IGOS?

A

The United Nations, World Trade Organisation and Monetary fund (IMF)

67
Q

What is the role of the International Court Of justice?

A

The international Court of justice is an organ of the UN and has roles such as to hear and judge disputes between states and to issue advisory opinions on matters of international law

68
Q

What are some criticisms of the International Court of Justice

A

Criticism of the ICJ is that is requires the consent of state parties to hear matters so has very little jurisdiction.

69
Q

What is the international Criminal court?

A

Established in 2002 by the rome statute of the ICC to prosecute the most serious of international crimes, including those that fall under international humanitarian law.
It has the jurisdiction to prosecute individual people rather than states

70
Q

Is the international criminal court effective?

A

CON-Very few cases brought before the court and difficult and long process to establish, costly, slow and some countries withdrawing such as Bruindi, withdrawing which undermines the courts reach

Pro- The courts existence promotes human rights and can enforce punishment if human rights are breaches

71
Q

What is the human rights committee?

A

The Human rights Committee assesses member state compliance with the ICCPR and can hear petitions raised by the states about each compliance. While decisions are not enforceable they are still highly influential- embarrassing the country to make changes e.g Toonen V Australia.

72
Q

What are Non government organisations?

A

These are organisations that are interdependent of and without representation of any government.

73
Q

What are some examples of NGOs’s?

A

Amnesty international and Human rights watch

74
Q

What role does the media play in regards to human rights issues?

A

The Media plays a crucial role in the naming and shaming of governments and human rights violations by investigating, reporting, and then exposing instances of human rights abuse, thus having a significant influence on public opinion and government, thereby helping to bring about change.

75
Q

What is the treaty process in Australia?

A

Signature
Ratification-this is a binding agreement that Australia will implement the treaty
Implementation

76
Q

What important roles does the Australian constitution play?

A

Our constitution plays two important roles in protecting human right in Australia

  1. It lays down the system of Australian Government through which human rights are recognised including the separation of powers and division of powers. This ensure the rule of law
  2. It is the source of some specific human rights including express rights in ti
77
Q

What is the separation of powers?

A 
The doctrine of separation of powers is important in protecting human rights 
It involves the separation of
The legislature 
The executive 
The Judiciary
78
Q

Why is the independence of the judiciary important?

A

Independence of the judiciary can be seen as an essential mechanism in up holding the rule of law, ensuring that all people including the government are equally subject to the same law. Also, it enables the judiciary to strike down any legislation deemed incompatible with the provisions of the Australian constitution and the rights and limitations.

79
Q

What is one area of the constitution that has been crucial for the development of human rights?

A

External affairs power in s51

80
Q

What is the division of power?

A

This refers to how legislative power is divided between commonwealth and state parliaments
Powers not listed in the constitution are deemed residual powers for the states. Division of power acts as a check on government by ensuring power is not too centralised in one place.

81
Q

What are some express rights in the constitution?

A

Freedom of religion

right to vote in commonwealth elections

82
Q

What was an implied right that was ruled on by the high court?

A

Lange V Australian broadcasting corporation the high court held that the constitution contains an implied right to freedom of political communication

83
Q

What is common law?

A

Common law is the body pf law passed down by judgements of the courts and has evolved independently of government and carries the power to protect many human rights.

84
Q

Why does common law not offer absolute protection?

A

However common law does not offer absolute protection of human rights as rights in the common law can be removed by any act of parliament because any legislation that conflicts with the common law overrides that common law position.

85
Q

How do NGOs play a vital role in exposing human rights violations

A

They play a vital role in researching and reporting on human rights issues, making submissions to state and commonwealth parliaments or law reform bodies on human rights or working in the fields with victims of rights violations

86
Q

What could a bill of rights do for Australia ?

A

Could help in the protection of Indigenous peoples, Asylum speakers and freedom of speech.

87
Q

What is a bill of rights?

A

A bill of rights is a list of the fundamental rights of citizens of a country. It exists to protect the rights of individuals from being violated by the state or by other individuals.

88
Q

What is a debt bondage?

A

A situation where a person is forced to repay a loan with labour instead of money and where the proper value of labour is not applied towards repayment. Work conditions are often harsh.

89
Q

What is a problem for countries trying to stop slavery?

A

Many countries don’t have the required legal instruments and/ or lack political will or resources to tackle the problem. Furthermore there are culturally embedded practices that are difficult to overcome.

90
Q

What are international responses to the stopping of human trafficking?

A

UN Global initiative NGos

91
Q

What are domestic responses to the stopping of human trafficking?

A

The media

e.g trafficked doc

92
Q

What limits the effectiveness of legal responsiveness in some countries?

A 
State sovereignty 
absence of rule of law
lack of political will
resource availability 
Embedded cultural practices
93
Q

Arguments for a charter of rights?

A

Remedying the short comings of existing human rights protections
reflecting Australian values
improving how Australia is seen on an international scale
Protecting the disadvantaged

94
Q

What are some arguments against a charter of rights?

A

The Adequacy of current human rights protections
undermining parliamentary sovereignty
potentially negative outcomes for human rights

Legal Studies 2020 (9 decks)

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