HUMAN RIGHTS U2AOS3 (PART I) Flashcards
WHAT ARE HUMAN RIGHTS?
Human rights are the basic freedoms that promote and uphold the dignity of people, regardless race, gender, nationality and etc,
WHAT IS UDHR?
A document created by United Nations in 1948, followed after WWII that sets out common entitlements that should be afforded to all people across the nation.
SIGNIFICANT OF UDHR?
entitles 30 articles: Protecting the rights of every individual, everywhere.
THE AUSTRALIA CONSTITUTION?
establishes the way in which australia operates and sets out basis of relations between commonwealth and other states
HOW DOES THE AUSTRALIA CONSTITUTION PROTECT HUMAN RIGHTS?
- outlines how australia is to be governed
- can be changed through referendum
- protects the 5 express rights
WHAT IS EXPRESS RIGHTS?
the five human rights that are explicitly stated in the australian constitution
THE RIGHT TO FREEDOM OF RELIGION (EXPRESS RIGHT)
commonwealth cannot make any law establishing any religion or prohibit religion practices
WHAT ARE IMPLIED RIGHTS?
a right that has not been explicitly stated in the australian constitution but has been interpreted in the high court to exist. In Australia we have implied rights to imply the right to vote and political communication
WHAT IS THE VICTORIAN CHARTER OF HUMAN RIGHTS AND RESPONSIBILITY? (VCHRR)
a piece of legislation that aims to protect human rights in Victoria (sets out human rights, freedom and responsibility) it requires the victorian parliament to receive bills and determine capabilities with charter.
WHAT RIGHTS ARE PROTECTED IN VCHRR?
- right to life
- right to protection form torture, degration etc
- freedom of movement
STATUTE LAW?
laws created by commonwealth or parliament that will protect human rights through making discrimination unlawful
STRENGTHS AND LIM OF STATUTE LAW?
strengths: protection of accused personal rights
lim: lack of protetcion in marginalised community
COMMON LAW?
a law created by judges when resolving disputes when there is no law to support it or if the exisiting law is unclear.
HOW DOES COMMON LAW PROTECT HUMAN RIGHTS?
- judges interpret statues to clarify lesgislation to protect human rights
RIGHTS OF YOUNG PEOPLE?
rights that protect people under ages 18 years of age during growth in adulthood.
WHEN DID THE RIGHT TO VOTE START IN AUSTRALIA?
voting rights in australia started in 1788by captain arthur phillip by th british government
HOW DOES AUSTRALIA PROTECT THE RIGHT TO VOTE?
through statute and common law, although the right to vote is not explicitly stated in the australian constitution.
statute law: those who cannot vote (inelgible)
- unsound mind
- commit treason
- sentenced 2 years or more
ONE POSSIBLE CONFLICTING ATTITUDE?
Australian citizens are required to vote at age 18:
for:
- people under ages 18 lack political knowledge and understanding and more likely to cast a ill-informed vote due to lack of maturity
against:
- 16-17 year olds are politically engaged and impacted by poitical decisions
POSSIBLE REFORMS TO TH RIGHT TO VOTE IN AUS?
lower the voting age:
- in 2018, bill was introduced to lower voting age to 16-17, but the bill was unsuccessful.
WHO IS VICKI LI ROACH? AND WHAT IS HR STORY?
Vicki Lee Roach, who was serving 6 years of prison sentence when she challenged government legislation (that banned prisoners from voting).
in 2004 only prisoners who were serving less than 3 years are able to vote.
In 2006 commonwealth banned all prisoners from voting.
In 2007, while Vicki was in prison she decided to challenge the commonwealth’s ban on voting elections for prisoners.
Outcome: The high court agreed with Roach, deciding the ban was against constitution. LEADING TO ONLY BE APPLICABLE TO VOTE IF A SENTENCE UNDER 3 YEARS.
DEMOCRATIC RIGHTS?
choosing government, right to vote and freedom from expression.
