Human Rights Legal Context Flashcards

1
Q

Define Human Rights

A

The values we believe in and accept within our society. They are based on principles of dignity, equality and mutual respect.

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2
Q

What are the most basic types of rights?

A

Civil, Political, Moral Rights.

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3
Q

Are human rights innate or granted by law?

A

Granted by law.

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4
Q

Which Qld law protects the right of a person not to be discriminated against

A

Section 61 of the Anti-Discrimination Act 1991 (QLD).

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5
Q

In What situation is the right of a person to liberty removed?

A

When a person is imprisoned for a crime.

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6
Q

What is a customary right?

A

A right that originates from tradition and custom established over time.

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7
Q

Give an example of a Customary right

A

Aboriginal/Torres Strait Islander Laws

e.g recognition of Aboriginal ownership and use of land (native title) and protection of sacred places.

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8
Q

What is the purpose of the Australian Constitution?

A

To provide a set of laws that outline the legal and political system under which Australia operates. establishes the form of the federal government and sets out the basis for relations between the Commonwealth and the states.

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9
Q

what is a Bill of Rights?

A

A formal declaration of legal and civil rights of the citizens of a state, nation. It is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and private citizens.

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10
Q

How many chapters are there in the Australian Constitution?

A

Eight Chapters.

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11
Q

Which chapter of the Australian Constitution deals with the Government of Australia

A

Chapter one.

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12
Q

What does the Human Rights (Parliamentary Scrutiny) Act of 2011 deal with?

A

All new bills must be compatible with the rights and freedoms recognized in the seven core international human rights treaties that Australia has ratified.

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13
Q

What is the purpose of the Racial Discrimination act 1975?

A

The Act makes discrimination on the basis of race, colour, descent or national or ethnic origin unlawful and is designed to protect the rights of all Australians. The Act binds state and federal governments.

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14
Q

What is the purpose of the Sex Discrimination Act 1984?

A

Prohibits discrimination on the basis of sex, marital relationship, pregnancy, sexual orientation, gender identity, intersex status, breastfeeding in public.

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15
Q

What is the purpose of the Age Discrimination Act 2004?

A

The act makes discrimination in employment, education, accomodation, provision of goods, and service based on age unlawful and is designed to protect the rights of Australians in the workforce and public life.

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16
Q

What is the purpose of the Anti-Discrimination Act 1991 (QLD)?

A

a State Act which seeks to protect the right of freedom from discrimination related to 16 factors including age, religion, political beliefs, gender, sexuality.

17
Q

What are some important historical documents relate to human rights?

A

Magna Carta, the Petition of Right, the Declaration of the Rights of Man and the Citizen, the First Geneva Convention

18
Q

What is a Royal Commission?

A

A Royal Commission is an investigation, independent of government, into a matter of great importance.

Royal Commissions have broad powers to hold public hearings, call witnesses under oath and compel evidence.

Royal Commissions make recommendations to government about what should change.

19
Q

What is the purpose of the AHRC

A

enforces acts such as the disability Discrimination act 1992 and the Racial Discrimination Act 1975.
investigates complaints about discrimination and human rights breaches.

20
Q

ARTICLE 1 UDHR

A

All humans are born free and equal in dignity of rights

21
Q

Article 2 UDHR

A

Freedom regardless of sex, colour, religion

22
Q

Article 4 UDHR

A

No one shall be held in slavery or servitude. Slave trade is prohibited