Promoting and Enforcing Human Rights Flashcards
What is state sovereignty?
The authority of a nation state to govern itself without international interference
What is the most effective way for International Human rights to be enforced?
Incorporate treaties and customary international law principles into domestic legislation
What is the main role of the UN
protect human rights
What does the UN general assembly do?
Discusses and makes recommendations on reports of human rights (investigated by special rapporteurs) to its member states
What is the main role of the UN security council?
Maintenance of peace and security
What does the security council do? (4)
- Peacekeeping
- humanitarian work
- condemns violations of human rights (Korea missiles)
- impose sanctions
What is the UN human rights council
an inter-governmental body responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them (reports to GA)
What is the Office of the High Commissioner for Human Rights
A department of the Secretariat of the UN that works to promote and protect the human rights that are guaranteed under international law and stipualted in the UDHR 1948
What does the OHCHR do?
- Monitors and reports on human rights world-wide through the Universal Periodic Review of international compliance with HR standards
- provides physical resources eg tents to support refugees
- Oversees the Human Rights Council
Examples of intergovernmental organisations (4)
- UN
- EU
- African union
- Commonwealth of Nations
What does the African Union promote? (3)
Peace and security in Africa and good governance and human rights
How many members are there in both the African Union and the Commonwealth of Nations
54
What does the Commonwealth of Nations promote?
- Democracy
- rule of law
- human rights
- individual liberty
- good governance
How do IGOs enforce following of the rules?
exclude the ones that don’t e.g. Zimbabwe military coups
What does the ICJ do?
Hears cases and delivers advisory opinions
Defines and interprets conventions, but cannot adjudicate on disputes raised by individuals
What was the ICJ created by?
Rome Statute 1998
Why was the ICC set up?
genocide in Yugoslavia and rwanda
Where does the ICC have jurisdiction?
Over persons alleged to have committed genocide, crimes against humanity, war crimes and the crime of aggression.
Why were International criminal tribunals established
Deal with serious widespread breaches of international law
Are ICT permanent?
no, limited to time and place
Why was the ICTR created?
Rwandan legal system was inoperable as only roughly 5 judges and a handful of lawyers were alive after the genocide between Hutus and Tutsi tribes
When was the ICTR created and ended
1994-2015
What do NGOs aim to do?
promote and protect human rights
Examples of NGOs (4)
- International committee of the Red Cross
- Doctors without borders
- Amnesty International
- Human Rights Watch
What is the key feature of a NGOs and what does this allow?
Not funded by government (independent) therefore, they can address international human rights issues regardless of where they occur
What is the medias role in the enforcement of human rights?
Expose human rights issues and abuses and to embarrass governments into upholding international agreements and human rights principles
Where is human rights law incorporated into Australia (3)
Constitution of the commonwealth of Australia
Common law
Statute law
Different types of rights in the Australian Constitution
Express and implied
What is an express right + eg.
Rights that are expressly included in a document e.g. right to vote, freedom of religion
What is an implied right + e.g.
Rights that can be implied through the text, structure or purpose of a document e.g. freedom of speech
What does the separation of powers do? + 3 parts
Separates the power of the state into three arms to limit the use of power by the government and reviews their actions:
- The legislature (parliament)
- The executive (government)
- The Judiciary (courts)
What is the division of powers?
A mechanism by which government power is distributed between the Commonwealth and the States.
What are residual powers? + e.g.
Powers not listed in the constitution-it is the power of the state to pick e.g. air navigation
What are exclusive powers + e.g.
Powers held by the Federal Parliament that allow the commonwealth to sign laws, treaties on behalf of Australia, which we then ratify and enact
e.g. UNCROC=education act
What is the limitation of Common law protecting human rights?
Easily reversed by legislation-Parliament can overrule therefore more like privileges than rights
E.g. of common law rights
presumption of innocence
right to fair trial
What does common law do? (3)
- provides socially realistic approach to human rights breaches
- Brings to light new legal concerns to do with inadequacies in Australian human rights legislation
- Fails to provide real, concrete protection of individual freedom
How does Statute law protect rights?
Signs and ratifies international laws/treaties
e. g.
- Human rights (sexual conduct) act 1994 (clth) is based on Article 17 of the ICCPR
What government organisation oversees the promotion and protection of human rights in Australia
AHRC australian human rights commission
What is the AHRC
an independent statutory organisation and report to the federal parliament through the Attorney-General
What does the AHRC aim to do?(4)
- make human rights values part of everyday life
- empower all people to understand and exercise their human rights
- work with people to inspire action
- keep governments accountable to national and international human rights standards
What are the AHRC statutory responsibilities? (4)
- education and public awareness
- discrimination and human rights complaints
- human rights compliance
- policy and legislative development
What was the Office of the Childrens Guardian established under?
Children and Young persons (care and protection) act 1998
What is the office of the childrens guardian ?
an independent government agency that works to protect children by promoting and regulating quality, child safe organisations and services
What did the Children’s Guardian act 2019 (commenced 1/3/20) provide?
Gives the Childrens guardian greater powers to help organisations create safer environments for children in NSW
4 arguments for an Australian Charter of rights?
- Common and statute laws do not effectively protect human rights
- Help preserve people from oppressive parliament
- judges will be able to protect human rights easier
- better guarantees of rights
What is the argument for introducing a bill of rights in Australia
Protects human rights through legislation rather than incorporating them into the constitution in the form of a bill of rights
3 arguments against an Australian Charter of rights?
- Free media and separation of power restricts oppressive government
- judges cross the line into politics
- May inhibit parliaments need to govern
What do NGOs do to help human rights
send reports on states which are placed before UN committees
e. g. Amnesty reported on Australia’s issues on Indigenous Australians and treatment of Asylum seekers
- Bring attention to Australians about international breaches of human rights
