promoting and enforcing human rights

Question 1

what is state sovereignty?

Answer 1

‘state sovereignty’ is a term that refers to the legal authority and responsibility of an independent state to govern and regulate its political affairs without foreign interference

Question 2

what is the role of state sovereignty in promoting and enforcing human rights?

Answer 2

state sovereignty can be a barrier to the effective promotion and enforcement of human rights as it allows states to claim that certain human rights violations are internal matters, thus prohibiting other states or international organisations from interfering

Question 3

what is the role of the United Nations in promoting and enforcing human rights?

Answer 3

the United Nations is an international organisation founded in 1945 after WWII committed to maintaining international peace and security, developing friendly relations among nations and promoting social progress, better living standards and human rights, with human rights being dealt with primarily by the Office of the United Nations High Commissioner for Human Rights (OHCHR), along with several committees created for dealing with specific human rights

Question 4

what is the UN General Assembly?

Answer 4

the UN General Assembly has representatives from all member states who theoretically have equal voting power, and it is the main forum for international discussions

Question 5

what is the UN Security Council?

Answer 5

the UN Security Council holds the responsibility for the maintenance of international peace and security, exercising its power through legally binding resolutions, and can authorise peace-keeping, military actions or sanctions

Question 6

what is the Economic and Social Council (ECOSOC)?

Answer 6

the Economic and Social Council (ECOSOC) has 54 rotating members who meet annually to discuss economic, social, environmental and humanitarian issues

Question 7

what is the UN Secretariat?

Answer 7

the UN Secretariat is the main administrative body of the UN

Question 8

what is the International Court of Justice (ICJ)?

Answer 8

the International Court of Justice (ICJ) is a court that only exists for the purpose of being an advisory body on international law, and has jurisdiction to settle disputes submitted by member states, however its cases rarely relate to human rights

Question 9

what is the Office of the UN High Commissioner for Human Rights (OHCHR)?

Answer 9

the Office of the UN High Commissioner (OHCHR) is the administrative agency for the UN Secretariat that works to promote and protect human rights, with the aims of advancing universal ratification of UDHR and human rights standards, and to promote universal enjoyment of human rights

Question 10

what is the UN Human Rights Council (UNHRC)?

Answer 10

the UN Human Rights Council (UNHRC) id an intergovernmental body consisting of 47 member states rotated on three-year terms, to make recommendations regarding human rights and allow individuals (as opposed to states) to bring issues to the attention of the Council, along with periodically reviewing the standards of human rights in different states

Question 11

what is the role of intergovernmental organisations (IGOs) in promoting and enforcing human rights?

Answer 11

intergovernmental organisations (IGOs) can promote and enforce human rights through developing and enforcing international human rights standards, monitoring and reporting on human rights violations, providing technical assistance and capacity building, and advocating for human rights at the international level

Question 12

what are some examples of intergovernmental organisations (IGOs) that relate to human rights?

Answer 12

• United Nations Human Rights Council (UNHRC)
• OSCE Office for Democratic Institutions and Human Rights

Question 13

what is the role of courts, tribunals and independent authorities in promoting and enforcing human rights?

Answer 13

courts, tribunals and independent authorities can promote and enforce human rights through interpreting and applying human rights laws, holding governments and other actors accountable, providing access to justice, investigating human rights violations, and educating the public and promoting awareness

Question 14

what are some examples of international courts, tribunals and independent authorities that relate to human rights?

Answer 14

• International Court of Justice (ICJ)
• International Criminal Court (ICC)
• European Court of Human Rights (ECtHR)

Question 15

what is the role of statutory authorities in promoting and enforcing human rights?

Answer 15

statutory authorities can promote and enforce human rights through raising awareness and educating the public about human rights, investigating and addressing human rights complaints, developing policies and guidelines, advising government and other organisations, and monitoring human rights standards

Question 16

what are some examples of statutory authorities that relate to human rights?

Answer 16

• Australian Human Rights Committee

Question 17

what is the role of non-government organisations (NGOs) in promoting and enforcing human rights?

Answer 17

non-government organisations (NGOs) can promote and enforce human rights through advocating for human rights, providing services and support, documenting human rights abuses, monitoring and reporting on human rights, and building capacity and empowering communities

Question 18

what are some examples of international non-government organisations (NGOs) that relate to human rights?

Answer 18

• Amnesty International
• Human Rights Watch
• Civil Rights Defenders

Question 19

what is the role of the media in promoting and enforcing human rights?

Answer 19

the media can promote and enforce human rights through informing the public, raising awareness, holding governments and other actors accountable, amplifying marginalised voices, and forcing public debate and discussions

Question 20

how have human rights been incorporated into Australian domestic law?

Answer 20

Australia has a dualist system, meaning the legal system works in a way that ratified treaties need to be legislated in order to make them domestically binding, as opposed to a monist system, in which any treaty that is ratified automatically becomes an act of Parliament- therefore, human rights are incorporated into Australian domestic law through the implementation of legislation based off of the treaties that Australia has signed

Question 21

what is the role of the Australian Constitution in promoting and enforcing human rights?

Answer 21

the Australian Constitution promotes and enforces human rights through the division of powers- the basis of the Australian federation that divides power at state and federal level into residual (state), exclusive (federal) and concurrent (both) powers- and the separation of powers- the system of checks and balances that splits powers into the legislature (lawmakers), executive (law enforcers) and judiciary (law interpreters)- judicial review and implied rights

Question 22

what is the role of statute law in promoting and enforcing human rights?

Answer 22

statute law promotes and enforces human rights through anti-discrimination laws, workplace laws, civil and political rights, and human rights charters

Question 23

what are some examples of pieces of statute law that relate to human rights?

Answer 23

• Racial Discrimination Act 1975 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Age Discrimination Act 2004 (Cth)
• Fair Work Act 2009 (Cth)
• Australian Human Rights Commission Act 1986 (Cth)

Question 24

what is the role of common law in promoting and enforcing human rights?

Answer 24

common law promotes and enforces human rights through recognition of common law rights, interpretation of statutory law, development of legal principles, and judicial review

Question 25

what are some examples of common law that relate to human rights?

Answer 25

• High Court of Australia’s recognition of right to procedural fairness, right to privacy and right to freedom of political communication
• Mabo v Queensland (No. 2) case that led to recognition of native title for Indigenous Australians

Question 26

what are some examples of domestic courts and tribunals that relate to human rights?

Answer 26

• Australian Human Rights Commission (AHRC)
• High Court of Australia
• Family Court of Australia

Question 27

what are some examples of domestic non-governmental organisations (NGOs) that relate to human rights?

Answer 27

• Human Rights Council of Australia
• Australians for Native Title and Reconciliation (ANTaR)
• National Children’s and Youth Law Centre

Question 28

what are some arguments supporting an Australian Charter of Rights?

Answer 28

• high community support
• the ability to redress the inadequacy of human rights protections in Australia currently
• centralising the sources of human rights
• improving Australia’s international standing in regard to human rights
• bringing Australia in line with similar democracies such as Canada, USA, New Zealand and England
• would help to promote a stronger culture of respect and appreciation for human rights

Question 29

what are some arguments against an Australian Charter of Rights?

Answer 29

• Australia is already not breaching human rights without a Charter of Rights
• how it would undermine parliamentary sovereignty
• the difficulty in changing the Charter leading to issues similar to those of gun laws in America
• the economic cost surrounding its creation
• how it unnecessarily legalises human rights