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Year 12 Legal Studies > Promoting And Enforcing HR > Flashcards

Promoting And Enforcing HR Flashcards

1
Q

How does a state get recognition as a state?

A

A permanent population, a defined territory, a government, capacity to enter into international relations

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2
Q

What is state sovereignty?

A

The ultimate law-making power of a state AND its independence and freedom from external interference in its domestic affairs

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3
Q

How many states are apart of the UN?

A

193 member states

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4
Q

What is the role of the UN General Assembly?

A

It is the main forum for international debate, deliberation, declarations and recommendations.

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5
Q

Who reports directly to the General Assembly?

A

The UN’s principal Human Rights Body - THE UN HUMAN RIGHTS COUNCIL (UNHRC)

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6
Q

What is the role of the UN Security Council?

A

Preserving international peace and security.

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7
Q

How does the UN Security Council exercise its power?

A

Through legally binding RESOLUTIONS and the authorisation of military actions, peace keeping operations.

It can intervene in the most serious human rights abuses by states

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8
Q

How many permanent members does the UN Security Council have and what are two of them?

A

5 - e.g. US AND UK

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9
Q

What is the role of the Economic and Social Council (ECOSOC)?

A

54 rotating members meet annually to assist in promoting international economic and social cooperation and development

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10
Q

What is the role of the UN secretariat?

A

The main administrative body of the UN with over 40 000 staff working worldwide. It provides various information, studies, tasks and facilities needed by the UN.

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11
Q

What does the UN Secreteriat include?

A

The Office of the High Commissioner for Human Rights

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12
Q

What are the two main roles of the International Court of Justice?

A

Primary judicial organ of the UN. 1. Has jurisdiction, under the UN charter, to settle international disputes that have been submitted to it by member states
2. AND give advisory opinions on matters of international law submitted to it by international organs and the General Assembly

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13
Q

What is the Office of the UN High Commissioner for Human Rights (OHCHR) and WHY was it established?

A

An administrative agency under the UN secreteriat that works to promote and protect the human rights contained in the UDHR and international law

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14
Q

What are the three main purposes of the Office of the UN High Commissioner for Human Rights? (OHCHR)

A
  • advancing universal ratification and encouraging states to sign treaties
  • promoting universal human rights and international cooperation through education and taking preventative action
  • provide support and info to other bodies
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15
Q

The UN Human Rights Council (UNHRC) is an _______ body?

A

Intergovernmental

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16
Q

What is the main role of the UN Human Rights Council?

A

Address Human Rights violations worldwide and make recommendations

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17
Q

Who does the UNHRC work closely with?

A

The Office of the UN High Commissioner for Human Rights

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18
Q

When was the UNHRC established?

A

2006

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19
Q

What measures does the UNHRC use to increase its power? (3)

A
  1. Complaints procedure
  2. Compulsory periodic reviews of all 193 member states handling of HR
  3. Advisory committee to provide expertise and advice for Council to consider
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20
Q

What are the 8 Millennium Development Goals (MDGs)?

A
  1. Eradicate extreme poverty and hunger
  2. Education
  3. Gender equality
  4. Reduce child death
  5. Improve maternal health
  6. HIV
  7. Environmental sustainability
  8. Global partnership
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21
Q

When do all member states hope to achieve the 8 MDGs by?

A

2015

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22
Q

What was a successful outcome of the MDGs?

A

Provided significant funding, resources and an important focus for states

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23
Q

What countries did not benefit from the MDGs?

A

Sub-Sarahan Africa

24
Q

What are SDGs?

A

Sustainable Development Goals

25
What is an intergovernmental organisation?
An international institution made up of member states
26
How are IGOs created?
Agreement between states, and each has an international treaty that acts as a charter outlining the organisations purpose and operation.
27
How many IGOs are there worldwide?
1000
28
Each IGO has an international treaty which acts as a WHAT?
Charter outlining the organisations purpose and operation.
29
What are IGOs subject to?
International law
30
Wha are three important IGOs?
1. The UN 2. World Trade Organisation 3. International Monetary Fund
31
What is the International Court of Justice?
An organ of the UN
32
What is the role of the international court of Justice?
1. Hear and judge disputes between states. | 2. Issue advisory opinions on matters of international law
33
What is an example of when the international court of Justice was used to issue advisory opinions?
Legal Consequences of the Construction of a Wall in the Occupied Palestine Territory in 2004 - West Bank barrier violated international law.
34
What are three shortcomings of the international Court of Justice?
1. Requires consent of all state parties and therefore has little jurisdiction 2. Can't hear cases brought forward by the individuals 3. The security council can reject any enforcement action
35
What is the role of the international Criminal Court?
To prosecute international crimes such as genocide and other war crimes.
36
What is the goal of the European Court of Human Rights?
To apply and protect the human rights of all of the citizens of Europe.
37
What is a strength of the European Court of Human Rights?
Compliance has been incorporated into the treaties of the European Union - meaning all member states must comply with provisions of the Court.
38
In 2015, what was the European Court of Human Rights seen as?
The most successful regional court in the world.
39
Is Australia party to any regional Human Rights instrument or court?
No.
40
What is the Human Rights Committee?
A quasi-judicial body.
41
What is the role of the Human Rights Committe?
To assess member states compliance with the International Covenant on Civil and Political Rights and to hear petitions raised about other states non-compliance.
42
What does the first optional protocol of the Human Rights Commitee allow?
Personal complaints made by individuals.
43
How many member states have ratified the First Optional protocol of the Human Rights Committe?
114
44
What are three strengths of the Human Rights Committee?
1. Highly influential 2. Embarassing for a government accused - ensures stronger compliance 3. Judgements made by the committee in yearly periodic reports
45
What is Toonen v Australia (1997) an example of?
The power of the Human Rights Committee in changing laws - Tasmania became the first jurisdiction in Australia to recognise same-sex domestic partnerships (before, it criminalised same-sex sexual intercourse)
46
What are NGOs?
Independent private voluntary organisations, citizen associations or civil society organisations
47
What are the roles of NGOs?
Promote human rights, contribute to international discussion, inform the global community of human rights violations and progress, investigate and research matters of human rights, provide evidence to international courts.
48
How many NGOs were there by the 21st century?
100 000
49
What is the media's primary function in human rights?
Exposure of Human Rights violations and promoting social awareness. Can influence public opinion
50
What is one instance where the media not be effective in promoting human rights?
Some countries restrict media freedom, despite it being a right under article 19 of the UDHR
51
What does 'dualist system' mean?
Treaties signed are not immediately enforceable. They must be incorporated into domestic law.
52
What are the two key roles of the Australian constitution in relation to human rights?
1. Outlines the systems of government through which human rights are recognised (division and separation of powers) 2. Is the source of some specific rights (e.g right to freedom of religion - s116)
53
What is the separation of powers?
The seperation of the branches of state: legislative, executive, judiciary
54
What is delegated legislation
Idk
55
What is the seperation of the judiciary from the other arms of government essential to?
Upholding the rule of law

Year 12 Legal Studies (6 decks)

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