Human rights - The nature and development of human rights

Question 1

Define human rights

Answer 1

The basic rights and freedoms that belong to all human beings

Question 2

Characteristics of human rights

Answer 2

universal, inherent, inalienable, indivisible

Question 3

What is the UDHR 1948?

Answer 3

The universal declaration of human rights is a historical document that outlines the rights and freedoms that everyone is entitled to. It was created by the UN following the atrocities of WW2
- 30 articles

Question 4

What is the ICCPR 1966?

Answer 4

The international covenant on civil and political rights is a treaty that protects civil and political rights.
- treatment of individuals as individuals and members of wider society
- protection from oppressive governments
- freedom of speech, freedom from slavery and torture

Question 5

What is the ICESCR?

Answer 5

The international covenant on economic, social and political rights is a treaty that establishes socio-economic rights.
- focuses on group/society
- labour rights, education rights, right to adequate standard of living

Question 6

What are first generational human rights?

Answer 6

Civil and political rights
- enshrined in the UDHR 1948 and the ICCPR 1966

Question 7

What are second generation human rights?

Answer 7

Socio economic rights
- enshrined in the UDHR 1948 and the ICESCR 1966

Question 8

What are third generation human rights?

Answer 8

Collective rights
- peace rights, environmental rights, self determination rights

Question 9

What is the difference between the ICCPR and the ICESPR?

Answer 9

ICCPR
- often require governments to refrain from interfering in certain freedoms and rights eg. right to life, freedom of speech, right to a fair trial

ICESCR
- require govt action to be fulfilled eg. right to work, equality between men and women

Question 10

What are the 7 movements in developing recognition for human rights?

Answer 10

• abolition of slavery
• trade unionism/ labour rights
• universal suffrage
• universal education
• self determination
• environmental rights
• peace rights

Question 11

What is the abolition of slavery?

Answer 11

• movement around the world to abolish slavery following the discovery of the horrors of the TAST
• first movement in iceland 1117
• slavery abolition act 1833 (UK)
• UDHR (A.4), ICCPR (A.8), ICESCR (A.7, 10)
• criminal code act 1995

Question 12

What is trade unionism (and labour rights)?

Answer 12

• refers to the rights of people to join trade unions and have labour rights (trade unions CREATED labour rights)
• trade union act 1871 (uk)
• UDHR (A.23), ICESCR
• fairwork act 2009 (cth)
• not that effective in Aus - lots of underpaid workers
• can’t join a trade union in kenya, iran, china

Question 13

What is universal sufferage?

Answer 13

• the right of all people to vote in a democratic election
• started with male suffrage movements -> representation of the people act 1918 (UK)
• suffragettes -> womens suffrage achieved in 1893 NZ for the first time
• domestic - cth electoral act 1918 amendment

Question 14

What is universal education?

Answer 14

• right to a basic (primary school) education
• UDHR (A.26)
• ICESCR (A.13)
• CROC 1989
• education act 1990 (nsw)

Question 15

What is self determination?

Answer 15

• the COLLECTIVE right of a group of people to determine their own political status, language education system and society
• MABO case + native title act 1993 (cth)
• UN charter (A.1) -> establishes the principle of self determination
• ICESCR (A.1)

Question 16

What are environmental rights?

Answer 16

• intergenerational equity (COLLECTIVE)
• important as they allow access to other rights
• stockholm declaration 1972 -> last successful agreement
• issues: state sovereignty
• kyoto protocol 1997
• paris agreement 2015

Question 17

What are peace rights?

Answer 17

• COLLECTIVE right of all people to live free of war
• declaration on the rights of people to peace

Question 18

What is the international bill of rights?

Answer 18

UDHR 1948, ICCPR 1966, ICESCR 1966

Question 19

How has the UDHR contributed to the development of human rights?

Answer 19

• set standards on what is accepted as human rights
• most widely accepted HR document of the world
• contributed to 200+HR treated world wide

Question 20

How has the ICCPR contributed to the development of human rights?

Answer 20

• can be signed and ratified by countries
• inspired many other treaties and courts

Question 21

How has the ICESCR contributed to the development of human rights?

Answer 21

• can be signed and ratified
• deepened our understanding of human rights

Question 22

Who monitors countries who’ve signed the ICCPR?

Answer 22

UN human rights committee
- issues a report on each country

Question 23

Who monitors countries who’ve signed the ICESCR?

Answer 23

UN committee on economic, social and political rights
BUT it has NO enforceability

Question 24

disadvantages of UDHR

Answer 24

• its a declaration -> not binding
• UN has no enforcement mechanism so HR can be ignored by countries

Question 25

disadvantages of ICCPR

Answer 25

• countries can sign ‘with reservation’ -> opt out of parts it disagrees with
• countries can create laws that go against the ICCPR eg. holworthy barracks case
• only 168 (of 193) countries have signed and ratified the treaty –> malaysia and singapore haven’t signed or ratified the treaty and they CANT be forced to

Question 26

disadvantages of ICESCR

Answer 26

• countries can sign ‘with reservation’ -> opt out of parts it disagrees with
• gvts are required to uphold such rights e.g guarantee the right to work however, politics and money can determine whether they choose to provide such human
  rights
• only 168 (of 193) countries have signed and ratified the treaty