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Legal Studies > Human Rights (External Exam) > Flashcards

Human Rights (External Exam) Flashcards

1
Q

What are human rights

A

Fundamental freedoms that are given to every person regardless of their age race sex or nationality they are universal in alienable indivisible and interdependent

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2
Q

Categories of human rights

A

1.civil and political rights are negative rights which means they can be taken away and example of this is the right to life. 2.economic social and cultural rights with your positive rights meaning they are given for example the right to work. 3. Collective rights for example the right to food security in a healthy environment

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3
Q

Purpose of the United Nations

A

Keep peace and security, develop friendly relations between nations, cooperate to solve international problems for example world hunger, promote human respect

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4
Q

Secretariest

A

Secretary General is the head. They carry out the day to day work of the United Nations and manage policies and programs laid down by other organs

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5
Q

General assembly

A

Manage budget, admit new members, recommendations for security council, voting body, decisions on peace and security

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6
Q

International Court of Justice (organ)

A

Judicial body of United Nations, provide recommendations for member states, settles legal disputes

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7
Q

Economic and social council

A

Network agencies (UNICEF and NGOs.) To help the poor sick and a literate. Head of implementation of internationally agreed policies, central body of debate and sustainable development, protect human rights

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8
Q

Trusteeship council

A

No longer in use however will come back if a nation splits apart. Provide international supervision for 11 trust territories

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9
Q

Security council

A

Most powerful organ of the UN, veto power which blocks another vote, insures peace and security, each member has one vote, or members must comply with decisions, can impose sanctions or authorise force

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10
Q

Criticisms of United Nations

A

Veto power is too powerful, members often ignore recommendations

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11
Q

Rights of states

A

Written in the UN charter. 2.1 is equals 70. Two. Four is territorial integrity meaning each nation has the right to their own land for example rushes annexation on Ukraine, furthermore force or threat of force is not allowed other than stated in section 51 if used in self defence for example US invasion of Afghanistan. Two. Seven is political independence meaning United Nations can’t interfere with government unless a threat to international security for example Taiwan can’t separate from China

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12
Q

State sovereignty

A

One centralised government, permit population, ability to enter in diplomatic relations, define territory

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13
Q

International Court of Justice cases

A

Continuous issues: nations agree to have the case submitted. Advisory jurisdiction: general assembly submit non-binding jurisdiction

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14
Q

International criminal court cases

A

Genocide, warcrimes, crimes against humanity. Binding ruling between individuals

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15
Q

International law

A

Stability and consistency between states, regulate behaviour during war, facilitate international disputes

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16
Q

Bill of rights

A

Consists of the UDHR, ICCPR, ICESCR, makes human rights legally bound

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17
Q

International covenant on civil and political rights

A

Provision on juveniles in adult prison, civil all rights and political relate to rights of citizens. For example right to a fair trial and freedom from torture. Domestic law is the human rights act Queensland

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18
Q

ICESCR

A

Freedom from discrimination and education domestic law is disabilities domination act or human rights at Queensland

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19
Q

United Nations Convention on the rights of a child

A

Sets out civil, political, economic, social, cultural and health rights of a child who is under the age of 18. Set minimum standards for government on treatment of a child for example the right education. Domestic law is child Tection act all family law act

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20
Q

Convention on the elimination of all forms of discrimination against women

A

Emphasis on political life, representation, Nationality, education, employment, health. Equality in marriage and family life. Domestic law is sex discrimination act

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21
Q

Convention relating to the status of refugees

A

Main principle is non-refoulment meaning you can’t send back a refugee in risk of persecution, minimum standards of treatment and living is set for example they have the right to work. Domestic law is the migration act

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22
Q

Convention on the elimination of all forms of racial discrimination

A

Condemns racial discrimination, promotes understanding, obliges states to provide protection and resolutions. Domestic law is racial discrimination act

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23
Q

Sources of human rights

A

Customary rights, Constitution, common-law rights

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24
Q

Customary rights

A

Bailable for indigenous Australians, not legally found, can influence sentencing, result of Mabo v qld

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25
Q

Section 51 of the Constitution

A

Gives the right for parliament to make/change the laws

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26
Q

Section 51 subsection 29 of the constitution

A

He’s with foreign affairs meaning all legislation must be consistent with international law through the treaties that we’ve ratified

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27
Q

Action 51 subsection 31 of the Constitution

A

Has the right to just compensation for example if you were to build a road through someone’s property they would have to receive compensation from the government

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28
Q

Section 80 of the Constitution

A

Gives the right to trial by jury. Can only be for indictable offences, most of the time do you have to come to a unanimous decision.

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29
Q

Section 96 of the Constitution

A

Gives the right to free trade between States meaning there can be no extra charge for trade

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30
Q

Section 116 of the Constitution

A

The right to freedom of religion. Example: some religions are allowed to wives however this goes against the Constitution

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31
Q

Section 117 of the Constitution

A

The right to be free from discrimination based on residential status

32
Q

A section 7 and 24 of the constitution

A

Implies the right to vote in the right to freedom of political communication. This is implied as we have the right to elect our government officials

33
Q

Common-law rights

A

Rights from statutory interpretation. For example right to a court hearing compensation and legal representation. Example in a case is my baby Queensland Terra Nullius does not apply

34
Q

Parliamentary scrutiny act 2011

A

Insures legislation is compatible and consistent with treaties. Minimal response to national desire for a bill of rights. Has two aspects: statement of compatibility prepared when Bill is introduced which includes an assessment of compatibility. And a Parliamentary joint committee examines the bill for consistency

35
Q

Discrimination Acts

A

Human rights initiated: access to public facilities and services. Prohibits discrimination in: workplace, accommodation, education, activities. When resolving, referral to Australian human rights commission if failed Federal Court

36
Q

Racial discrimination act

A

If a person is treated less fairly due to their race

37
Q

Sex discrimination act

A

Includes discrimination based on: sex, gender, marital status, sexuality

38
Q

Disability discrimination act

A

Failing to adjust is the same as discrimination

39
Q

Treaty implementation

A
  1. Treaty is agreed to then signed
  2. Consultations with state and territory governments occur well national interest groups and non-government organisations are prepared
  3. Treaty is tabled at Parliament
  4. Notes are exchanged, ratification and accession occur
  5. Treaty is implemented in domestic law
40
Q

Signatory

A

Not legally bound agreement

41
Q

Ratification

A

Legally bound with intent to implement human rights in treaty

42
Q

Accession

A

To implement treaty in law

43
Q

Reservation

A

If a nation does not agree with the entire treaty they can make reservations. This means they won’t have to implement that into the law. This usually happens if the treaty is inconsistent with current law. For example Australia made a reservation on the convention of the rights of a child that children are not allowed in adult presents

44
Q

Treaty

A

Preamble: purpose, names of parties, what led to its creation. Parts: sections. Articles: substance.

45
Q

Right to fair trial

A

Expressed. Indictable offences get a jury, innocent until proven guilty, double jeopardy, right to silence, section 80 of the Constitution, criminal code, ICCPR , Deitrich v queen

46
Q

Right to free speech

A

Implied Right to opinion and expression on any medium, must not be defamatory or discriminatory, defamation act, ICCPR

47
Q

Right to protest

A

Implied Regulated right to ensure safety, section 7 and 24, peaceful assembly act, black lives matter, International covenant on civil and political rights

48
Q

Right to freedom from discrimination

A

Implied right Protects from harassment, antidiscrimination act Queensland, ICCPR, CRED, Mabo v Queensland, young case

49
Q

Freedom of religion

A

Expresses. Parliament cunt and act wards establishing religion, section 116, ICCPR, Scientology is a religion therefore don’t have to pay tax

50
Q

Protesting

A

Public expression of disapproval of human rights policies and governments handle on human rights issues. Strengths: media attention, political pressure, embarrass political officials. Weaknesses: easily ignored, create public interference, costly

51
Q

Lobbying

A

Activities to influence law change, use media, create relationship with politicians. Strengths: control power of majority, petitions/statistics, direct political pressure. Negatives: slow, ethical concerns

52
Q

Lodging complaint with Australian human rights commission

A

Written online or in post, investigate/clarify, contact respondent, may recommend conciliation or re-take to court

53
Q

Lodging complaint with Queensland human rights commission

A

Written on form, sufficient details about Queensland or breached (anti discrimination act) has lodged within one year of commission referral

54
Q

Federal court if commissions failed

A

Lodge within 60 days of notice from Australian human rights commission, must prove: what happened and who, discriminatory and breach, harmful or defamatory. Strengths: legal action, lead to personal resolution, flexible, many solutions, independent third-party. Weaknesses: slow, small-scale for example work

55
Q

Court actions on state and federal courts

A

Nature equals court, federal court is discrimination acts. State court is Queensland acts for example antidiscrimination act. Strengths: legal action, full disclosure, impartial decision. Weaknesses: costly, high stress, slow

56
Q

Non-government organisations

A

Statutory bodies that promote and protect human rights, established by laws past to ensure arms of government respect laws. Strengths: experiment friendly, respond local needs, long-term pressure. Weaknesses: lack of financial resources, depend on donations

57
Q

Australian human rights commission. NGO

A

Established by Australian human rights commission act, conciliate complaints under discrimination acts

58
Q

Australian law reform commission

A

Conduct inquiries and recommendations of law reform to align with human rights (discrimination), improve access to justice

59
Q

Queensland law reform commission

A

Undertake law reform reviews, prepare and submit to Attorney General, recommendations for war change in report, no legal advice. Example: voluntary dying assistance

60
Q

Queensland Council of civil liberties

A

Protect/maintain civil liberties, safeguard respect for human rights, provide information on breaches or threats of, seek solutions. Example they publish books

61
Q

Human rights law centre

A

Promote human rights in Australia and Australian activities overseas, public awareness and academic scholarship about domestic issues the research and education programs, bring together lawyers and lawmakers. For example action for Afghanistan movement

62
Q

Australian lawyers for human rights

A

Lawyers who promote awareness of international human rights, seek to use extensive expertise to engage United Nations relation to Australian human rights breach. For example fundamental freedoms

63
Q

Special interest groups

A

Formally organised, shared interests and concerns, influence public policy, achieve goals through lobbying. Strengths: authentic, promote free expression, balance impact of government, facilitate change. Weaknesses: easier way to style legislative process, single topic, don’t always act on best interest

64
Q

Amnesty international

A

Campaigns and advocates for protection of human rights worldwide for example refugees in mandatory detention

65
Q

International Federation of Red Cross crescent society

A

Carryout relief operations to assist victims of disaster and health emergencies for example Beirut port explosion

66
Q

World Council of churches

A

Brings together churches from various denominations to break barriers between people seeking justice and peace

67
Q

Medias role

A

Powerful influence, expose human rights violations, of the arena for different voices to be heard in public discourse

68
Q

Process of Australian and Queensland will reform commissions

A

Human rights problem referred by attorney general, research and consultation, make recommendations for government so they can make informed decisions such as bring law into line, remove defects, improve access to justice

69
Q

Mabo v Queensland

A

Want Terrana lease overturned, claims were false, claim native title as discriminatory outcome

70
Q

Dietritch versus queen

A

Had no legal representation and applied for legal aid, High Court delayed trials until gained

71
Q

MMM et al v Australian

A

Treatment of refugees were found to be inhumane, degrading, arbitrary, partially resolved, releasing some refugees

72
Q

Young V Australia

A

Young no pension for his boyfriend as he died in war, this was because law at the time only allowed opposite sex couples

73
Q

Brough v Aus

A

16-year-old convicted of assault and burglary sent to adult prison

74
Q

D andE V Australia

A

Family fled from Iran, arbitrarily put in detention, eventually granted visas

75
Q

Legal criteria

A

Just an equitable outcomes, balance competing interest, separation of power, rule of law: clear and understood, applies to all, knowable, in forcible. 

76
Q

Implications

A

Budgetary constraints, international obligations met, maintaining representation, consistency

Legal Studies (1 decks)

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