Protecting and Enforcing HR Flashcards
What is a State
a nation or country
What are the five factors required to be internationally recognised state under the Montevideo convention 1993
- Permanent population
- Defined territory
- Government
- Capacity to enter into international relations
- Recognised by a number of other states
What is the disadvantage in not being a state
cannot access Intl Human rights framework
How many UN members are there
193
Define state sovereignty
The ability for countries to make their own laws and be free from external influence
How does Intl law affect state sovereignty
Intl law limits it, as states have certain duties to the intl community
How can state sovereignty affect the protection of HR
some countries may rely on state sovereignty to justify the mistreatment of its citizens. state sovereignty protects them from prosecution
How do nation states create concrete legal obligations between one another
Through signing numerous consensual, intl agreements (treaties)
What are the 5 principle organs of the UN
>UN General Assembly>UN Security Council>Economic and Social Council>UN Secretariat>International Court of Justice
Main function of UN General Assembly
Main forum for Intl discussion, deliberation and recommendations especially relating to HR
What principal organ of the UN oversees UN Human Rights Coun
UN General Assembly
Main function of UN Security Council
Preserve Intl peace and security
Who sit on security council
5 perms and 10 non perms
Main function of Economic and Social Council (ECOSOC)
Meet annually to assist in promoting Intl economic and social cooperation/development
How many member sit on ECOSOC
54 rotating member
Main function of UN Secretariat
Main administrative body of the UN
Which principal body of the UN does the Office of the UN Hig
UN Secretariat
Main Function of ICJ
Primary Judicial organ of UN
What is the ICJs Jurisdiction
Intl disputes between member statesadvisory opinions on Intl law matters
What is the aim of the UN Human Rights Council (UNHRC)
To address human rights violations worldwide and make recommendations
How many member are on UNHRC(ouncil)
47 members rotated on 3 year terms
When was UNHRC(ouncil) established
2006
How does UNHRC(ouncil) monitor Human Rights worldwide
periodic reviews on all 193 member states every 4 years
How does UNHRC deal with Human rights complaints
Complaints procedure
What part of UN did UNHRC(ouncil) replace
UN Human Rights Commission
Example of appeal to UN Human Rights Committee
Toonen v Australia 1994
What law did Australia introduce to repeal Tasmanias law
Human Rights (sexual conduct Act) 1994
What document did Tasmanias laws breach
UDHR and ICCPR
Example how UN promotes HR
Millennium Development Goals and Sustainable Development Goals
What is the Responsibility to Protect
The doctrine gives the UN the power to intervene if there are extreme Human Rights abuses occurring (e.g. genocide)
How does the UN intervene
Peacekeepers or Military Action
Which body of the UN intervenes under R2P
UNSC
What are the Three Pillars of responsibility in R2P
- It is the responsibility of states to protect their populations from these crimes
- The international community is responsible for helping states develop the protective ability before such crises or conflicts break out
- When a state has failed to protect is citizens, and peaceful means are not sufficient, the international community must take action to prevent harm.
Example of R2P being invoked
NATO invading Libya in 2011 to overthrow Gaddafi
Main concern about R2P
Influenced by Security council politics
How was Tasmania forced to repeal its laws
- Croome v Tasmania 1997
- Law was inconsitent with federal law (division of powers s51)
What are the main roles of the UNHRCouncil
- complaints procedure for induvial victims,
- compulsory periodic reviews of all 193 member states,
- advisory committee to make recommendations
What are criticisms of the UNHRCouncil
- Has been criticised for acting in interest of politics instead of human rights. i.e. China and Russia accused of influencing candidates to avoid persecution
How has Australia been criticised by UNHRCouncil
- Australia successfully secured seat on UNHRC in 2018 (despite criticism over asylum seekers) SMH article ‘Australia elected to UN human rights council as criticisms surround Congo election’ Oct 2017
When was R2P decided on
World Summit on UN reform in 2005