Legal Studies Flashcards
Universal Declaration of Human Rights - Year
1948
Universal Declaration of Human Rights - Overview
All humans are born free qith equal rights and dignity.
International Covenant of Civil and Political Rights - Year
1976
International Covenant of Civil and Political Rights - Article 1
The right to self-determination.
International Covenant of Civil and Political Rights - Optional protocol 1
Human Rights Committee can receive and consider complaints from individuals who allege that their human rights have been violated.
International Covenant of Civil and Political Rights - Optional protocol 2
Abolishes the death penalty
International Covenant on Economic, Social and Cultural Rights - Year
1976
International Covenant on Economic, Social and Cultural Rights - Article 1
All peoples have the right of self-determination. By virtue of that right, they freely determine their political status and freely pursue their economic, social and cultural development
Human rights
the basic freedoms and protections that belong to every single one of us. All human beings are born with equal and inalienable rights and fundamental freedoms. Human rights are based on dignity, equality, and mutual respect- regardless of your nationality, your religion or your beleifs.
Covenants
Voluntary agreement that creates an obligation by a deed entered into by the parties.
Treaties
Treaties are agreements between and between nations.
States
An entity is considered a state if it possesses
1. a permanent population
2. Defined territory
3. Government
4. Capacity to enter into relations
Sovereignty
Is a supreme power or authority. In terms of international law, its a government that possesses full control over affairs within a territorial or geographical area or limit.
Signatory treaty
A treaty that is signed by a state. An Agreement between national dignitaries
Convention
An agreement between states covering particular matters, especially one less formal than a treaty
Multilateral
Agreed upon or participated in by three or more parties, especially the governments of different countries.
Bilateral
Pertaining to involving or affecting two or both sides or parties.
Ratification
The action of signing or giving formal consent to a treaty, contract or agreement, making it officially valid.
Bill of rights
consists of key UN human rights policies that define and protect a wide range of human beleifs.
Royal commission
Is an independent publics inquiry, the highest form on matters of public importance and significance.
Protocol relating to the status of Refugees - Year
1967
Protocol relating to the status of Refugees - Overview
Non-refoulment principle, asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom. Principles of nondiscrimination and non-penalization
Protocol relating to the status of Refugees - Optional protocol
Move the reference of time and location of article 1 (11 articles) which recognised people as refugees
International Convention on the Elimination of All forms of Racial Discrimination - Year
1966
International Convention on the Elimination of All forms of Racial Discrimination - Preamble
Promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language and religion.
Convention on the Elimination of all forms of discrimination against women - Year
1979
Convention on the Elimination of all forms of discrimination against women 1979 - Preamble
All humans are born with fundamental human rights, regardless of sex or any other external factor
Convention on the Elimination of all forms of discrimination against women - Optional protocol
Allowed individuals to complain to the committee if they believed their rights were being breached.
Convention on the Rights of the Child - Year
1991
Convention on the Rights of the Child - Overview
Covers the specific needs of children within civil, political, economic, social and cultural spheres
Convention on the Rights of the Child - 43-54
responsibilities that adults’ and governments have or possess to make sure all children’s can access their rights
Role of reservations
Declaration by a state made upon signing or ratifying a treaty that the state reserves the right not to abide by certain provisions of the treaty
Human Rights (Parliamentary Scrutiny) Act 2011 - Changes
Statement of compatibility must accompany a new legislation being introduced in parliament
Creation of the PJCHR to inquire more thoroughly into bills & legislative instruments
Human Rights (Parliamentary Scrutiny) Act 2011 - Effect
Improve parliamentary scrutiny of new laws for consistency with rights and freedoms in the 7-core international human rights treaties to which Australia is a party
Provides checks and balances on gov responsibility to uphold international obligations.
Rights of states - Article 1
All members of the UN Charter are equal in their jurisdiction
Rights of states - Article 2
in order to benefit from membership of the charter all members must carry out their obligations/ tasks.
Rights of states - Article 4
members to respect the political independence or borders (territorial integrity) of countries, and to not use force against these rights (to not interfere, countries are free to impose whatever politcal or government)
Rights of states - Article 7
The charter doesn’t authorize the UN to intervene in a country’s domestic environment and laws or allow a member to bring up matters similar to this under the Charter. (domestic jurisdiction)
Role of the UN
To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and.
UN Principal Organs - General Assembly
Comprises of all 193 members of the UN. Provides a forum for multilateral discussions of the full spectrum of international issues covered by the Charter.
UN Principal Organs - Security Council
Exists to prevent conflict on a large scale. The council has 5 permanent members (Russia, France, China, UK and US) who have veto powers and 10 non-permanent members
UN Principal Organs - Economic and Social Council
Improve standard of living and promote human rights. Conducts studies; formulates resolutions, recommendations, and conventions for consideration by the General Assembly; and coordinates the activities of various UN organizations. They work with agencies such as the UNHCR and the World Health Organisation
UN Principal Organs - Secretariat
Internal administrative workings of the UN. Compile reports, headed by the Secretary general and communicate by the different councils. Carries out the day-to-day work of the UN as mandated by the General Assembly and the Organization’s other main organs.
UN Principal Organs - International court of justice
Judicial arm of the UN where international law violations are debated and prosecuted. Although countries with significant power often refuse to comply. To settle, in accordance with international law, legal disputes submitted by states, and to give advisory opinions on legal
United Nations High Commissioner for Refugees
Safeguard the rights and wellbeing of refuges. It aims to ensure that everyone can exercise the right to seek asylum and to find safe refuge in another country, with the ability to integrate/settle in a new country, or return back to their home voluntarily
Magna Carta - Article 7 and 10
Equality before the law and a Fair public hearing. All free men have the right to justice and a fair trial with a jury. Rule of law and that the law applies to everyone equally
Racial Discrimination Act 1975 - Articles 1,2, 17 and 23
born free with equal rights as well as freedom from discrimination.
Sex discrimination Act 1984 - Articles 1,2, 16
Promotes the right of marriage, freedom from discrimination and being born with equal rights.
Disability Discrimination Act 1992 - Article 27, 1, 2, 26, 23 and 17
freedom from discrimination and being born with equal rights. In particular inclusion in society and the right to desirable work
Implied Rights
The right to freedom of communication on political matter.
- theres is more
Expressed Rights
The Right to Just Compensation.
The Right to Trial by Jury.
The Right to Free Trade between the States.
The Right to Freedom of Religion.
Right to protesting is limited by
Protecting public safety;
Maintaining public order; and
The protection of others’ rights and freedoms (including their right to enjoy the natural environment or carry on their business).
Lobbying
Attempt to influence the decision-making of a government or opposition representative in the exercise of their official functions on behalf of a third party
Lodging complaints
You may make a human rights complaint directly to the relevant public agency. You can also make a human rights complaint to the QHRC if: you have already made a complaint to the public agency about the alleged breach which is the subject of your complaint
Tribunal/ court actions
The tribunal’s purpose is to provide a quick, inexpensive avenue to resolve legal disputes between parties. QCAT resolves disputes and makes decisions about: building disputes. children and young people
Australia Human Rights Commission - statutory powers
Investigate and resolve complaints about alleged breaches of human rights against the Commonwealth and its agencies.
Amnesty International
Non-government organisation
Protection of human rights, and rights of refugees
Sign petitions, write letters, take on line action directed at governments to support activists defending human rights in their own countries.
International Covenant on Civil and Political Rights - Article 1
All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
International Covenant on Civil and Political Rights - Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
International Covenant on Economic, Social and Cultural Rights - Article 1
All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
International Covenant on Economic, Social and Cultural Rights - Article 15
The States Parties to the present Covenant recognize the right of everyone: To take part in cultural life; To enjoy the benefits of scientific progress and its applications; To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author
International Convention on the Elimination of All Forms of Racial Discrimination - Article 5 (a)
The right to equal treatment before the tribunals and all other organs administering justice;
International Convention on the Elimination of All Forms of Racial Discrimination - Article 4
Condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form
Australia Human Rights Commission - conciliation
Complaints may be resolved by an apology, a change of policy or compensation.
United Nations High Commissioner for Refugees - purpose
To safeguard the rights and well-being of refugees. It strives to ensure that everyone can exercise the right to seek asylum and find safe refuge in another State, with the option to return home voluntarily, integrate locally or to resettle in a third country.
Australia Human Rights Commission - Overview
The national human rights institution of Australia. Body funded by, but operating independently of, the Australian Government.
