HUMAN RIGHTS U2AOS3 (PART I)

Question 1

WHAT ARE HUMAN RIGHTS?

Answer 1

Human rights are the basic freedoms that promote and uphold the dignity of people, regardless race, gender, nationality and etc,

Question 2

WHAT IS UDHR?

Answer 2

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.

Question 3

SIGNIFICANT OF UDHR?

Answer 3

entitles 30 articles: Protecting the rights of every individual, everywhere.

Question 4

THE AUSTRALIA CONSTITUTION?

Answer 4

establishes the way in which australia operates and sets out basis of relations between commonwealth and other states

Question 5

HOW DOES THE AUSTRALIA CONSTITUTION PROTECT HUMAN RIGHTS?

Answer 5

• outlines how australia is to be governed
• can be changed through referendum
• protects the 5 express rights

Question 6

WHAT IS EXPRESS RIGHTS?

Answer 6

the five human rights that are explicitly stated in the australian constitution

Question 7

THE RIGHT TO FREEDOM OF RELIGION (EXPRESS RIGHT)

Answer 7

commonwealth cannot make any law establishing any religion or prohibit religion practices

Question 8

WHAT ARE IMPLIED RIGHTS?

Answer 8

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

Question 9

WHAT IS THE VICTORIAN CHARTER OF HUMAN RIGHTS AND RESPONSIBILITY? (VCHRR)

Answer 9

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.

Question 10

WHAT RIGHTS ARE PROTECTED IN VCHRR?

Answer 10

• right to life
• right to protection form torture, degration etc
• freedom of movement

Question 11

STATUTE LAW?

Answer 11

laws created by commonwealth or parliament that will protect human rights through making discrimination unlawful

Question 12

STRENGTHS AND LIM OF STATUTE LAW?

Answer 12

strengths: protection of accused personal rights
lim: lack of protetcion in marginalised community

Question 13

COMMON LAW?

Answer 13

a law created by judges when resolving disputes when there is no law to support it or if the exisiting law is unclear.

Question 14

HOW DOES COMMON LAW PROTECT HUMAN RIGHTS?

Answer 14

• judges interpret statues to clarify lesgislation to protect human rights

Question 15

RIGHTS OF YOUNG PEOPLE?

Answer 15

rights that protect people under ages 18 years of age during growth in adulthood.

Question 16

WHEN DID THE RIGHT TO VOTE START IN AUSTRALIA?

Answer 16

voting rights in australia started in 1788by captain arthur phillip by th british government

Question 17

HOW DOES AUSTRALIA PROTECT THE RIGHT TO VOTE?

Answer 17

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

Question 18

ONE POSSIBLE CONFLICTING ATTITUDE?

Answer 18

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

Question 19

POSSIBLE REFORMS TO TH RIGHT TO VOTE IN AUS?

Answer 19

lower the voting age:
- in 2018, bill was introduced to lower voting age to 16-17, but the bill was unsuccessful.

Question 20

WHO IS VICKI LI ROACH? AND WHAT IS HR STORY?

Answer 20

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.

Question 21

DEMOCRATIC RIGHTS?

Answer 21

choosing government, right to vote and freedom from expression.