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Yr12 Legal Studies > Nature and Development of HR > Flashcards

Nature and Development of HR Flashcards

1
Q

Define HR

A

Basic entitlements and freedoms belonging to all people

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2
Q

Features of HR

A
  • Inalienable
  • Universal
  • IndivisibleI
  • nherent
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3
Q

Two types of HR

A
  • Individual
  • Collective
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4
Q

Basis for Human Rights legislation

A
  • UDHR 1948
  • ICCPR 1966
  • ICESCR 1966
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5
Q

Define inalienable

A

Cannot be taken away

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6
Q

Define indivisible

A

Interdependent

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7
Q

Define inherent

A

Apply from birth

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8
Q

Define universal

A

Belong to everyone

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9
Q

Example of individual right

A
  • right to vote
  • right to education
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10
Q

Example of collective right

A
  • Right to self determination
  • Right to peace
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11
Q

What is the purpose of human rights

A

Form the foundation of justice and freedom and peace in the world

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12
Q

What documents form intl bill of rights

A
  • UDHR 1948
  • ICESCR 1966
  • ICCPR 1966
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13
Q

what type of law is UDHR

A

Declaration therefore soft law

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14
Q

What is the purpose of the UDHR

A

Defined human rights and freedoms and formed basic of human rights law

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15
Q

Example of rights in UDHR

A
  • Right to life
  • Right to religion
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16
Q

What is purpose of ICCPR

A

Creates obligation on states to respect civil and political rights of individuals

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17
Q

What type of rights are ICCPR

A

Hands off rights. e.g. what the government can’t take way

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18
Q

Example of rights in ICCPR

A
  • Right to vote
  • Freedom of movement
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19
Q

When was ICCPR drafted

A

1966 came into force 1976

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20
Q

What type of law is ICCPR

A

Hard law

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21
Q

Who oversees ICCPR

A

UN Human Rights Committee

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22
Q

Hands on Rights e.g. what the government has to give you

A

What type of right are ICESCR

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23
Q

When was ICESCR drafted

A

1966, came into force 1976

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24
Q

Who oversees ICESCR

A

UN committee on Economic, Social and Cultural Rights

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25
Q

Define slavery

A

Forced labour where someone is the legal property of another

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26
Q

Purpose of slavery

A

fill certain roles in society

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27
Q

Why did slavery grow

A

Transatlantic slave trade 1600 onwards

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28
Q

what was the transatlantic slave trade

A

Trading of slaves from Africa to colonies in Europe

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29
Q

When did main abolitionist movement begin

A

18th century (1700s)

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30
Q

When was slavery abolished from England and its colonies

A

19th century (1800s)

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31
Q

Main Case law and legislation on abolition of slaveryR v Knowles (1772) Slave Trade Act 1807 (UK)Slavery Abolition Act 1833 (UK)

A
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32
Q

What did R v Knowles do

A

Outlawed slavery in England

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33
Q

What was purpose of the Slave Trade Act 1807

A

Outlawed slavery in all British empire

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34
Q

how is slavery outlawed now internationallyArt 4 UDHRICCPR ICESCR

A
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35
Q

What are trade unions

A

An organisation of workers created to preserve and further their rights and interests

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36
Q

When did labour law first emerge

A

Industrial revolution (1700s to 1800s)

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37
Q

How where trade unions first treated

A

They were criminalised

38
Q

Example of trade unions criminalised

A

Tolpuddle martyrs 1834 sent to Australia for 7 years

39
Q

What secured trade unions legal status

A

Trade Unions Act 1871 (UK)

40
Q

How did unions protect their rights in Australia

A

Australian Labour Party

41
Q

What Organisation protects labour rights currently

A

International labour organisation

42
Q

How are Labour rights protected internationallyArt 23/24 of UDHRICESCR

43
Q

What is the principal of democracy

A

That the authority of the government should be based on the political will of the people as expressed through genuine periodic elections

44
Q

What is universal suffragethe right to vote by all citizens in political elections regardless of gender, race, status or creed

45
Q

Who were the first group allowed to vote

A

Men with a higher status

46
Q

When were all men allowed to vote in UKRepresentation of peoples Act 1918 (UK)

47
Q

When did Australia give women the right to vote

48
Q

When did UK give women suffrage

49
Q

When did Aboriginal people get right to vote federally

50
Q

How is right to vote outlined currently

A
  • Art 21 of UDHR
  • Art 25 ICCPR
51
Q

How many countries are classified as democratic

52
Q

How do trade unions protect labour rightsBargaining for better pay and working conditions

53
Q

Examples of rights achieved by trade unions

A

Minimum wage, OHS

54
Q

What is universal education

A

The idea that all human beings have a right to a education

55
Q

Who first filled the role as the educator

A

The church in 1500s

56
Q

What led to government providing education

A

Industrialisation

57
Q

How was education first made compulsory in UK

A

Education Act 1870 (UK)

58
Q

Legislation in Australia that led to universal educationPublic Instruction Act 1880 (NSW)The Education Amendment Act 2009 (NSW), ( Previously Education Act (1990))

59
Q

How is education protected internationally

A

Art 2 of UDHR plus millennium development goals

60
Q

What is school leaving age currently in NSW

61
Q

What is the collective right to self determination

A

The right for people belonging to a territory or national grouping to determine their own political status culture and future

62
Q

When did self determination become important

A

Colonisation by European powers placing people under direct control of European powers

63
Q

Example of self determination

A

1776 US declaration of independence

64
Q

How is self determination outlined internationallyUN charter 1945 andArt 1 ICESCR Art 15 of UDHR

65
Q

How does UN assist countries in reaching self determination

A

UN trusteeship council

66
Q

What is a current issue of self determination domestically Indigenous people

67
Q

How does UN protect Indigenous people globally

A

UN Declaration on the Rights of the Indigenous People 2007

68
Q

What type of right is self determination

A

collective

69
Q

How do environmental rights differ from individual rights

A

They relate to many existing agreed rights e.g right to health needs an adequate environment

70
Q

Main intl agreements recognising environmental rights

A

African charter on Human and Peoples Rights (1981)

71
Q

How could environmental rights change

A

ICC might begin prosecuting national leaders that destroy the natural environment

72
Q

When was league of nations establishedafter WW1, it failed after WW2 began

73
Q

What is the primary aim of the UN

A

Maintaining peace and security

74
Q

When was UN formed

75
Q

How is right to peace outlined

A
  • Declaration on the Rights of Peoples to peace 1984
  • UN charter 1945
  • Treaty of Versailles
76
Q

What is the right to peace balanced againstright to self defence

77
Q

What are civil rights

A

Civil rights are entitlements belonging to all humans and are to do with being a free citizen of a nation

78
Q

What’s an example of a civil right

A
  • Right to liberty
  • Freedom of thought
79
Q

What are political rights

A

Political rights are entitlements to do with full participation in government

80
Q

Whats an example of a political right

A
  • Right to vote
81
Q

What are economic rights

A

Economic rights are the rights concerned with the production, development and management of material for the necessities of life

82
Q

What’s an example of an economic right

A
  • Right to work
83
Q

What are cultural rights

A

Cultural rights are the rights which assist in preserving and enjoying one’s cultural heritage

84
Q

What’s an exmaple of a cultural right

A
  • Right to participate in cultural life
  • Right to self determination
85
Q

What are economic rights

A

Economic rights are the rights concerned with the production, development and management of material for the necessities of life

86
Q

What’s an exmaple of a economic right

A
  • Right to education
87
Q

What are the main collective rights

89
Q

What are the main types of HR

A
  • Civil and political rights
    *
90
Q

What type of right was the basis for the abolition of slavery

A

Economic rights

Yr12 Legal Studies (9 decks)

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