Human Rights in Australia

Question 1

Define Treaty

Answer 1

a formalised agreement between two or more
nations about a particular area of mutual interest
such as trade, prisoner exchanges or human rights

Question 2

Define Convention

Answer 2

similar to a treaty but more often on
specific matters or issues, and sometimes of a less formal nature

Question 3

Define Ratification

Answer 3

the process of full adoption of the obligations imposed by a treaty or covenant into Australian law, by the passing of legislation through the federal parliament that mirrors and enacts the treaty obligations (treaty become law)

Question 4

Define Accession

Answer 4

when a nation-state enters into a treaty
that has already been formed after it has been
negotiated and signed by other states

Question 5

Define reservation

Answer 5

when a nation-state does not wish to
be bound by every provision in a treaty so ratifies only the parts of the treaty by which it does agree to be bound

Question 6

Express vs implied rights

Answer 6

• Express rights are clearly outlined in the Constitution
• Implied rights are not clearly outlined in the constitution but are suggested or inferred

Question 7

How does the Human Right Act protect human rights?

Answer 7

1. acts as a filter for new laws
2. places obligations on courts and tribunals to interpret laws in a way that is compatible with human rights
3. makes it unlawful for public to violate human rights (it is legislation)

Question 8

How do we uphold human rights without a bill of rights?

Answer 8

Essentially, parliaments (federal and state) are given freedom to create legislation that upholds human rights without a central guiding document