HUMAN RIGHTS

Question 1

Define human rights

Answer 1

They can be defined as the basic rights and freedoms believed to belong to all humans

Question 2

Characteristics/features of human rights

Answer 2

They are universal, inalienable, indivisible, interdependent, inherent, non-discriminatory

Question 3

Outline how the abolition of slavery has changed and developed over time

Answer 3

Slavery is a type of forced labour whereby one person is considered to be the legal property of another.

Slavery abolishment movement started in the 18 century whereby the practice of slavery was criticised for going against Christian values in Europe.

In 1833 the British formally abolish slavery and let all slaves go.

In 1962 the league of Nations introduced the slavery convention which further abolished slavery worldwide.

After World War II the recognition of the abolishment of slavery was universal.

Question 4

The abolition of slavery evidence

Answer 4

Article four of the UDHR declares “no one shall be held in slavery or servitude: slavery and slave trade shall be prohibited in all its forms.”

Question 5

Outline how trade unionism and labour rights have changed and developed over time

Answer 5

This is the right of an individual to be a part of a union and I have basic wage rights upheld: being free from exploitation in your place of work.

During the industrial revolution in the 18th and 19th century, individuals had very harsh conditions with work being unsafe, long hours, bad pay etc

In 1871 the first legislation was passed in Australia to further protect labour rights: the trade unions act 1871 and is secured the legal status of trade unions.

The International labour organisation is an international treaty the globally recognised as labour rights, And this was in 1919

Question 6

Trade unionism and labour rights evidence

Answer 6

Article 23 of the UDHR declares: “everyone has the right to work, to free choice of employment.”

Question 7

Outline how universal suffrage has changed and developed over time

Answer 7

This right refers to an adult inherent right to vote within the nation

In recent decades marginalise groups were not able to vote within their country such as aboriginals and women.

Movements such as the suffragette movement was a female activist group that promoted the needs of women’s voting rights in Australia in 1930.

In the late 20th century countries all around the world then began to recognise the suffrage rights of everyone within legislation.

Question 8

Universal suffrage evidence

Answer 8

Article 21 of the UDHR declares: “everyone has the right to take part in the government of his country.”

Question 9

Outline how universal education has changed and developed over time

Answer 9

This means that all humans have the right to a basic standard of education with it being free and compulsory to aid intellectual development.

The British parliament first past the education act in 1870 in Australia followed suit with the public instruction act 1881 whereby education for children was considered compulsory.

Many countries are now signatory to the United Nations formal documents whereby education is promoted as a necessity

Question 10

Universal education evidence

Answer 10

Article 26th of the UDHR declares: “everyone has the right to education. Education shall be free and compulsory.”

Question 11

Outline how self-determination has changed and developed over time

Answer 11

This refers to the collective human right to freely determine political status and pursue social development, people should choose how they will be governed.

This movement started in the early 18th century because of your European Imperial control and other countries wanted their own self-determination rights.

More contemporary the United Nations has made documents explaining the importance of state sovereignty and how everyone collectively has the right to self-determination and choice of governance.

Question 12

Self-determination evidence

Answer 12

Article 1 of the United Nations Charter declares: ”it is the purpose of the UN to develop the self determination of peoples”.

Question 13

Outline how environmental rights have changed and developed over time

Answer 13

These rights are to do with an individuals access to the unspoiled, natural resources from the environment that enables survival for future and present generations such as land and water.

In 1948 the movement began with the international union for conservation of nature and this informs the global need for environmental protection in addition to a humans freedoms.

In 2017 the Paris agreement was launched and this was a successful convention educating about climate change for the rights of individuals.

Question 14

Environmental rights evidence

Answer 14

Article 23 of the African China on human and people’s rights declares: ”all people shall have the right to a general satisfactory environment favourable to their development.”

Question 15

Outline how peace rights have changed and developed over time

Answer 15

Peace rights refer to the fundamental entitlements that individuals and societies have to live free from war and conflict and rid any sort of oppression.

In 1919 the first major peace conference was held in Versailles and the league of Nations Matt to prevent walls from breaking out again.

The UN charter of rights 1945 then explicitly detailed that the sole aim of the UN was to spread peace across the world.

Formal statements and international treaties have further promoted the importance of peace rights for everyone in a contemporary context.

Question 16

Peace rights evidence

Answer 16

Article one of the UN charter declares: ”the purpose of the UN is to maintain international peace and security.”

Question 17

The universal declaration of human rights

Answer 17

Milestone document that was founded and presented by the UN general assembly in 1948.

This was a main international response to the barbarity of the Second World War.

The formal document details human rights that are fundamental and crucial to the well-being of societies all over the world.

Question 18

Advantages of the UDHR

Answer 18

It is the most translated document in the world – has large accessability despite language, culture, distance

The human rights are written in very simple language and they are easy to understand

It serves as a foundation for future documents and letters

The document Ultimately lists all inherent human rights and was the first large document to do so

There are 192 nations states that have ratified this document into their domestic law highlighting how impactful this document is in revolutionising the application and enforcement of human rights

Question 19

Disadvantages of the UDHR

Answer 19

As a declaration this document is soft law, meaning it is influential but it is non-binding and not in forcible on an international scale meaning it has limited legal powers when in forcing international crimes that go against human rights

Question 20

UDHR evidence 369

Answer 20

Article 3 states: “everyone has the right to life, liberty and security of person.”

Article 6 states: “everyone has the right to recognition everywhere as a person before the law.”

Article 9 states: “no one shall be subjected to arbitrary arrest, detention or held in exile.”

Question 21

The International covenant on civil and political rights

Answer 21

This is a formal document of human rights that focuses on the civil and political freedoms and equality between genders and nations. Came into force in 1976.

They are seen as first generation rights and negative rights because the document tells us what the human should be without and free from.

This document has been ratified into domestic law by 67 signatory countries, highlighting the universalitu of this document.

Question 22

ICCPR evidence 8 10 18

Answer 22

Article 8 declares: ”the human shall be free from slavery and servitude, in all aspects of his or her life.”

Article 10 declares: ”people deprived of their liberties shall be treated with humanity.”

Article 18 declares: “the human inherently has the freedom of thought, conscience and religion.”

Question 23

The International covenant on economic social and cultural rights

Answer 23

This is a multilateral treaty adopted by the UN general assembly in 1976.

These are known as second-generation rights and positive rights because it informs us of what individuals are entitled to and what they deserve.

This document has been signed by 171 participating countries showing that it has been in forced through its promotion

Question 24

ICESCR Evidence 3 9 11

Answer 24

Article 3 declares: “there shall be equality between men and women in the enjoyment of these rights.”

Article 9 declares: “All humans have the intrinsic right to social security.”

Article 11 declares: ”all humans have the right to an adequate standard of living, including adequate food, clothing and housing.”

Question 25

Assess the role of state sovereignty in promoting and enforcing human rights

Answer 25

State sovereignty encompasses the ability of a state to create and amend laws without external influence from other nations states.

On a positive note state sovereignty allows nations to adequately develop domestic law, standby their constitutions and facilitate statute law to enforce human rights within their own state such as Australia being able to promote and enforce the right to freedom of discrimination through the Constitution and the antidiscrimination act 1977.

However state sovereignty also allows for such states to ignore international human rights law and does ignore the key rights of citizens for example Saudi Arabia due to state sovereignty has failed to ratify the international Bill of Rights – human rights are impeded, with women not being able to vote in federal election’s and there is no external influence or help that can be provided

Question 26

List international responses that promote and enforce human rights

Answer 26

The United Nations, intergovernmental organisations, courts, tribunal’s, independent statutory authorities, non-government organisations, the media

Question 27

List domestic Australian responses that promote and enforce human rights

Answer 27

The Constitution, statute law, common-law, courts, tribunal’s, authorities, non-government organisations, the media

Question 28

The United Nations as an international response in promoting and enforcing human rights

Answer 28

This IGO formed in 1945 aims to provide peace, justice and security for the entire world: with 193 nation states as members.

UN general assembly: this body has representatives from each nation states that form committees and educate the world for example the UN global initiative to fight human trafficking.

UN security council: this organ passes legally binding decisions that all signatory members must follow such as the authorisation of military action it is highly enforceable.

Economic and social council: this council has rotating members whereby the ICESCR is educated to poor countries such as South Africa.

UN secretariat: This body has 40,000 workers around the world providing information in order to educate people and promote the need for human rights globally.

Question 29

UN initiative (MDGs)

Answer 29

This initiative called the millennium development goals promotes the need for peace rights for all individuals such as the right education, environmental rights etc

Question 30

Intergovernmental organisations as international responses in promoting and in forcing human rights

Answer 30

This is an international institution that is made up of member states made by a bilateral agreement between them.

1. Commonwealth of nations: 54 for members that work to promote democracy and the rule of law, they sent troops to countries such as Zimbabwe to combat human rights violations.
2. African union: established in 2002 this organisation attempts to bring peace among the continent of Africa through promoting available democratic institutions and banks- this IGO also works with international courts to help bring sanctions over abusive, tyrannical government’s
3. Organisation of American states: this peak body educate the Americas about the formal documents of the UN and donates resources to struggling countries such as Venezuela

Question 31

Courts, tribunal is an independent statutory authorities as international responses in promoting and enforcing human rights

Answer 31

There are many courts tribunal’s and other statutory authorities that have the power to hear matters involving human rights abuses from around the world

1. The International Court of Justice: he is and judges disputes between states and advises their opinion on matters involving international law, little enforcement powers.
2. The international criminal Court: used to prosecute individual perpetrators of crimes and has the legal power to provide sanctions, effective in forcing big human rights violations by people such as genocide.
3. Ad hoc tribunal’s: these are temporary tribunal’s established by the UN they have charged over 160 persons for human rights violations and they are not protected by state sovereignty
4. The UN High Commissioner for human rights: this is a statutory body that holds conferences, speeches and more to promote human rights and provides legal advice to countries where human rights violations may occur.

Question 32

Non-government organisations as an international response in promoting and enforcing human rights

Answer 32

They play an indispensable role in informing the global community and government’s about human rights violations and progress.

Amnesty international is an international institution that promotes the need for inherent human rights. They launch the woman now initiative whereby the importance of gender are quality is educated to the civilians of developing nations. NGOs have limited legal power.

Question 33

The media as an international response in promoting and enforcing human rights

Answer 33

The media plays an indispensable role in naming and shaming governments and people who violate human rights and they convey information and investigations to the public. They placed pressure on politicians and governments.

Question 34

The Constitution as a domestic response in promoting enforcing human rights

Answer 34

This is the supreme law document that governs all states and territories in Australia it lays down the system of government and sources some specific human rights itself.

1. Separation of powers: the Constitution prevents a group from gaining total power by dividing power between the executive, legislature, and judiciary. They each have separate powers and jurisdictions and cannot overlap it becomes harder for one branch to abuse their power.
2. The division of powers: how powers are divided between state and federal governments. This separates their duties and powers into exclusive, residual, concurrent and protect society from one government achieving arbitrary power

The Constitution has express rights such as the freedom of religion and the right to vote and it has implied rights such as the freedom for political communication.

Question 35

Statute law as a domestic response in promoting and enforcing human rights

Answer 35

Legislation that is introduced by parliament is a central in upholding human rights because the entire public is subject to these laws.

For example the antidiscrimination act 1977: this act in forces crimes of discrimination based on gender, race, disability, sex etc

Question 36

Common-law as a domestic response in promoting and enforcing human rights

Answer 36

Common law Involves law that is made by decisions by judicial offices in court it is also known as ratio decidendi

Where statute law has failed common-law makes new and improved enforcible guidelines

For example Dietrich v the Queen whereby the High Court granted the right to a fair trial and legal representation

For example Croome V Tasmania whereby common-law uphold the rights of a homosexual man

Question 37

Courts, tribunal’s and statutory authorities as a domestic response in promoting and enforcing human rights

Answer 37

These are bodies and courts that apply human rights law within Australia and protect all people.

1. The Australian human rights commission: legislated under the human rights commission act 1986 this commission investigate complaints about breaches of human rights, promotes public awareness through campaigns, conducts public inquiries and uses conciliation.

The AHRC made an inquiry in 1997 called the ‘bringing them home report’ whereby the commission urged parliament to apologise for the stolen generation and provide compensation.

The commission also conducted an educational program in 2020 called the something in common initiative which encourages engagement from communities to comply with Australian human rights law.

2. The High Court of Australia: HC has the power to binding precedent for all courts and their role is to interpret and in force the Constitution – human rights. The power of judiciary is to promote human rights and impose nationwide standards.

Question 38

Non-government organisations as a domestic response in promoting and enforcing human rights

Answer 38

NGOs play an indispensable role in informing the global community about human rights violations and progress.

1. Human rights watch Australia: this body has the function of promoting human rights, aiming to increase engagement with Australian HR laws and advocacy for anti discrimination and democracy. They advocate for women’s rights but they have little enforceability and no legal power.

Question 39

The media as a domestic response in promoting and in forcing human rights

Answer 39

The media plays an indispensable role in naming and shaming human rights violations. They inform the public about perpetrators and what the government is doing or not doing

Question 40

Outline how human rights are incorporated into Australian domestic law

Answer 40

Ratification: this is the process of estate formally approving a treaty and making it legally binding within their countries borders such as Australia signing the ICCPR and as such the principal stated in the declaration are legally in forced within the country.

Incorporation: this is the process by which a country and axe a treaty into their own domestic law such as Australia becoming signatory to the Rome Statute and dust the Commonwealth parliament passed the international criminal Court act 2002.

Question 41

What is human trafficking and slavery

Answer 41

This is the practice of a legally transporting people across borders with the purpose of forced labour or sexual exploitation and Forced labour where one person is considered as legal property of another.

Question 42

Investigation into the contemporary human rights issue and statistics

Answer 42

According to Forbes human trafficking accounts for $140 billion of the business industry across the world

According to the general assembly report 2018 there are 40.3 million slaves around the world right now who are being trafficked and exploited.

According to the stop the traffic report in 2020 there are 5.4 victims of modern slavery for every thousand people in the world.

Question 43

Domestic legal responses to human trafficking and slavery

Answer 43

Legislation: laws such as the criminal code (slavery and sexual servitude) Amendment act 1999 forbids human trafficking and slavery in all its forms

Action plans: Australia has introduced the Commonwealth action plan to eradicate trafficking in persons whereby police members are trained to deal with slavery.

Question 44

International legal responses to human rights and trafficking

Answer 44

Courts and tribunal such as the ICC are used to prosecute international crimes of human trafficking and slavery and they bring sanctions against perpetrators.

International responses are often hindered by the doctrine of state sovereignty.

Question 45

Domestic nonlegal responses to human trafficking and slavery

Answer 45

NGOs: such as Human rights watch Australia are affective promoters of anti-slavery.

The media: placing immense pressure on Parliament and communicates violations and progress to the public. E.g. 2020 SMH: ”just 1 in 5 modern slavery cases are known to police.”

Question 46

International nonlegal responses to human trafficking and slavery

Answer 46

IGOs: Such as African union are affective promoters and educators whereby the issue is detailed to the public in an attempt to eradicate the growing issue.

UN: Do United Nations has established a global initiative to fight human trafficking which aims to increase global awareness of the issue, assist in campaigns and insure support for victims.

Question 47

What is a charter of rights?

Answer 47

It can be defined as an overarching written grant by a nation sovereign power by which it societies rights are formally recognised, defined and expressed all in one place. Australia does not have a charter of rights

Question 48

Arguments for a charter of rights

Answer 48

It would enshrine all basic human rights in one commonplace, better protecting all civilians and being accessible to the entire population

It would redress the inadequacy of existing human rights protections in statute law

It would reflect basic Australian values and morals with high community support

Question 49

Arguments against a charter of rights

Answer 49

Because it is so overarching it may undermine the Parliaments legal ability and power to make laws going against the democratic system and breaching some parts of the separation of powers

Excessive and costly litigation and it will require a referendum

Many human rights that will be listed may become obsolete or anachronistic in the future and it cannot be altered so it is a useless document