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Legal Studies > Nature and Development of Human Rights > Flashcards

Nature and Development of Human Rights Flashcards

1
Q

What are human rights?

A

Human rights are fundamental rights. They are things to which every human being is entitled for just being human being

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2
Q

What are the 4 aspects of human rights?

A
  1. Universal: for all individuals regardless of nationality, race, etc
  2. Indivisible: all are equally important
  3. Inherent: birthright- don’t need to earn them
  4. Inalienable: cant agree to give them up or have them taken away
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3
Q

Types of human rights

A
  • civil and political rights
  • Economic, social and cultural rights
  • Collective rights such as environmental and peace rights and the right to self determination
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4
Q

What is slavery?

A

A type of forced labour in which a person is considered to be the legal property of another

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5
Q

What was the transatlantic slave trade?

A

The trading of African people by Europeans, who transported them as slaves from Africa to the colonies of the New World

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6
Q

Why did slave labour begin?

A

Industrial revolution meant countries required more resources

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7
Q

What were slaves used for?

A

Growing and manufacturing cash crops

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8
Q

Why was slavery eventually condemned?

A

Criticisms of violating the rights of man as people became aware of it in Europe and Evangelical Christians criticised it as unchristian

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9
Q

When did Britain rule slavery illegal? + case

A

1772 (R. v Knowles)

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10
Q

What act officially ended the importation of slaves

A

Slave trade act 1807 (UK)

Slave trade act 1808 (USA)

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11
Q

What act abolished slavery and freed the slaves in UK?

A

Abolition act 1833 (UK)

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12
Q

What and when abolished slavery worldwide?

A

League of Nations Slavery Convention in 1926

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13
Q

How did Abraham Lincoln assist in the abolition of slavery?

A

Added the 13th amendment to the US constitution

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14
Q

What article in the UDHR says slavery is prohibited?

A

4

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15
Q

What did trade unions do?

A

Worked to ensure fair wages and working conditions, equal pay, long service leave, paid public holidays, maternity leave, annual leave, occupational health and safety laws, and works compensation

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16
Q

Why and when did trade unions emerge

A

Industrial Revolution in response to appalling conditions, lack of safety, low wages and long working hours

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17
Q

What was the basis of trade unions

A

A single employee has very little power, but many workers combined in a single cause have a great deal of power

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18
Q

Why were trade unions originally unsuccessful?

A

They were outlawed by acts of parliament called Combination Acts

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19
Q

What organisation improved conditions of workers

A

International Labour Organisation- formed in 1919 as an International Agency of the League of Nations aimed at improving conditions. (Now part of UN-LoN is no longer)

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20
Q

What articles of the UDHR apply to labour and trade unions rights?

A

23 and 24

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21
Q

What does article 23 and 24 of UDHR say (5)?

A
  • Everyone has the right to work, to free choice of employment, to just and favourable conditions of work adn to protection against unemployment
  • Everyone, without discrimination, has the right to equal pay for equal work
  • Everyone who works has the right to just and favourable remuneration, ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection
  • Everyone has the right to form and to join trade unions for the protection of his interests
  • Everyone has the right to rest and leisure including reasonable limitation of working hours and periodic holidays with pay
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22
Q

What is universal suffrage?

A

The universal right to vote in a democratic election

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23
Q

What does article 21 of the UDHR refer to?

A

Universal suffrage

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24
Q

What are the 3 rights of Article 21 of the UDHR?

A
  • Everyone has the right to take part in the government of his country, directly of through freely chosen representatives
  • Everyone has the right of equal access to public service in his country
  • The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures
25
Q

What was universal education originaly based on?

A

Religion- Sunday school

26
Q

What act introduced compulsary education in NSW?

A

Public Education Act 1880 (NSW)

27
Q

What does article 26 of the UDHR refer to?

A

Universal education

28
Q

What are the 3 main aspects of article 26 of the UDHR

A
  • Everyone has the right to education. Fundamental education shall be free and compulsory
  • Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms
  • Parents have a prior right to choose the kind of education that shall be given to their children
29
Q

What type of right is self-determination?

A

collective

30
Q

When has self determination been fought for in the past?

A

French Revolution; War of Independence

31
Q

What does UN Charter-self determination say?

A

To develop friendly relations among nations based on respect for equal rights and self-determiantion

32
Q

What does the ICESCR say about self determination?

A

All people have the right to self determination, allowing their political status to be chosen and freely pursue their economic, social and cultural development

33
Q

What is self-determination?

A

self-determination refers to each person’s ability to make choices and manage their own life

34
Q

What did UNDRIP raise?

A

Greater awareness and protection of the Worlds Indigenous Peoples (their rights to self determination)

35
Q

What agencies enforce environmental rights in Australia?

A

EPA

36
Q

How have environmental rights been acknowledged?

A

Not universally but there are numerous treaties and charters

37
Q

When are peace rights generally made? + e.g.

A

After periods of war

Post WW1 - treaty of Versailles led to the creation of the League of Nations

38
Q

What was created post WW2?

A

UN + ICC

39
Q

What does Article 1 of the UN Charter refer to?

A

Peace and security:
Purposes of the UN are:
1. To maintain international peace and security… to take effective measures for the prevention and removal of threats to the peace…by adjustment or settlement of international disputes or situations

40
Q

What does the UDHR affirm?

A

The promotion of universal respect and observance of human rights and the dignity and worth of the person

41
Q

What does article 1 of the UDHR assert?

A

The right of all people to freedom and equality in dignity and rights

42
Q

What does article 2 of the UDHR prohibit?

A

discrimination

43
Q

What does article 3-21 of the UDHR outline?

A

civil and political rights

44
Q

What does article 22-27 of the UDHR detail?

A

economic, social and cultural rights-trade unions and that jazz

45
Q

Is the UDHR legally binding?

A

No, however, they are so widely accepted they have become apart of the general principles of IL

46
Q

What is the ICCPR’s main function?

A

Protect people from the actions of oppressive governments

47
Q

What are the key rights provided by the ICCPR? (7)

A
  • right to life
  • freedom from torture and slavery
  • freedom of thought, conscience and religion
  • prohibition on war propaganda and advocacy of racial hatred
  • freedom of assembly and association only limited by the needs of the democratic society
  • democratic rights of participation in government
  • the rights of minorities to enjoy their culture, profess and practice their religion and use their own language
48
Q

What does ICESCR implement (article 2)

A

To the maximum available resources, with a view to achieving progressively the full realisation of the rights…by all appropriate means, including particularly the adoption of legislative measures

49
Q

What does article 1 of the ICESCR provide?

A

That all people have the right to self determination and the right to determine their political status and pursue their economic, social and cultural development.

50
Q

What right does article 3 of the ICESCR refer to?

A

equal rights for men and women

51
Q

What right does article 6 of the ICESCR refer to?

A

the right to work in jobs that are freely chosen or accepted

52
Q

What right does article 7 of the ICESCR refer to?

A

The right to remuneration that allows a decent living wiht safe and healthy working conditions, and rest and leisure with a reasonable limit to working hours

53
Q

What right does article 8 of the ICESCR refer to?

A

The right to form and join trade unions for the protection of workers social and economic interests, including the right to strike, limited only by laws necessary for a democratic society

54
Q

What right does article 9 of the ICESCR refer to?

A

the right to social security

55
Q

What does article 10 of the ICESCR refer to?

A

The widest possible support for the family and dependent children, with marriage by free consent and childrens work not to harm their health or morals

56
Q

What right does article 11 of the ICESCR refer to?

A

The right to an adequate standard of living, including adequate food, housing and clothing, continous imporvement of living standards and the fundamental right to freedom from hunger

57
Q

What right does article 12 of the ICESCR refer to?

A

the right to the highest standard of physical and mental health

58
Q

What right does article 13 of the ICESCR refer to?

A

the right to education for the full development of the human personality and sense of dignity, and to encourage friendship among all racial, ethnic and religious groups

59
Q

What right does article 15 of the ICESCR refer to?

A

the right of everyone to the benefits of cultural life and scientific progress

Legal Studies (10 decks)

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