SAC 6 - HUMAN RIGHTS

Question 1

Human rights:

Answer 1

Basic freedoms which uphold the dignity of all people and are guaranteed by a moral sense of duty.

People in which dignity is upheld is everyone, regardless of age, gender, race, nationality or other personal attributes.

Question 2

Purpose of human rights:

Answer 2

For all people to maintain a cohesive society.

Question 3

UNIVERSAL DECLARATION OF HUMAN RIGHTS: (UDHR)

Answer 3

Created by United Nations in 1948, following the end of WWII.

Considered the basis of international human rights declarations.

Question 4

Examples of rights included in the UDHR:

Answer 4

None shall be subjected to torture/cruel/inhumane treatment.

Question 5

Example of rights:

Answer 5

Right to life
Right to equal pay
Right to access of basic necessities

Question 6

DEVELOPMENT OF HUMAN RIGHTS:

Answer 6

Women not having the right to vote in federal elections (1902).

First Nations people not recognized in the Australian population (until 1967).

Question 7

Human rights injustices which still need to be addressed:

Answer 7

Improve the human rights of WOMEN, = abuse, violence and discrimination.

Question 8

International treaty aim:

Answer 8

To protect rights, Australia has become a signatory to international treaties.

Question 9

International treaty:

Answer 9

Agreement between two or more countries, that gives rise to legal rights and obligations, governed by international law.

Question 10

Declaration:

Answer 10

International agreement, non-binding agreement that sets out the intentions of the countries who are parties to the declaration.

Question 11

Rights in Universal Declaration of Human Rights:

Answer 11

• Born free and equal in dignity and rights.
• Entitled to the same rights and freedom without discrimination.
• Everyone has the right to life.

Question 12

How are human rights protected in Australia?

Answer 12

Protection of these rights for citizens occurs through a number of ways:
- Statute law and the Victorian Charter of Human Rights
- Common Law
- The Australian Constitution

Question 13

Australian Constitution:

Answer 13

Establishes how Australia operates.

• Outlines how Australia is to be governed
• Only changed through referendum
• Protects the five express rights, implied rights and structural protection of rights

Question 14

Statute law:

Answer 14

Law passed through parliamentary process and granted Royal Assent.
- Protected by both Commonwealth and State/Territory legislation.

Question 15

The Human Rights Charter outlines 20 basic human rights, including:

Answer 15

• To life
• Protection from torture and cruel, inhumane treatment
• Freedom of movement (moving houses, countries)

Question 16

Rights of adults and children in criminal proceedings:

Answer 16

• Ability to access legal aid
• Free access to an interpreter
• Right to silence

Question 17

Victorian Charter of Human Rights and Responsibilities:

Answer 17

• Protect human rights in Victoria.
• Requires the Victorian Parliament to review bills and determine their compatibility with the rights set out in the Charter.

Question 18

Rights protected in the [VCHRR]:

Answer 18

• Right to life
• Right to protection
• Freedom of movement

Question 19

Strengths in Victorian Charter of Human Rights and Responsibilities:

Answer 19

• Public debate + political risk
• Obligation on public authority
• Extensive protection of rights

Question 20

Weaknesses in Victorian Charter of Human Rights and Responsibilities:

Answer 20

• Limited jurisdictional scope
• Inability to prevent rights-infringing laws
• Lack of direct general recourse

Question 21

Common law rights:

Answer 21

rights protected by common law that has been established through decisions made by judged in state and federal courts.

Question 22

Example of common law rights:

Answer 22

• Right to silence
• Right to fair trial
• Right to legal representation

Question 23

Recognizing and upholding human rights contained in statutes:

Answer 23

• Right to equality before law
• Right to effective protection against discrimination
• Right to humane treatment when deprived of liberty

Question 24

Codification of court decisions:

Answer 24

(precedents) which uphold human rights can be codified by parliament.

Question 25

Abrogation:

Answer 25

parliament may be able to abrogate human rights that have been established in common law.

Question 26

Common law:

Answer 26

created by judges when resolving a dispute in circumstances where there is no applicable law or the existing law is unclear.

Question 27

How does common law protect human rights?

Answer 27

• Judges interpret statutes to clarify legislation to protect human rights
• Judges establish precedents to guide future human rights cases

Question 28

Strengths of protecting human rights through common law:

Answer 28

• independent, establish precedent-free from political pressure
• make decisions to establish human rights
• highlight parliament gaps which protect human rights

Question 29

Weaknesses of protecting human rights through common law:

Answer 29

• Not always easy to identify
• Parliament can abrogate common law rights
• must wait for a case to come before to be able to declare existence of human rights

Question 30

Precedent:

Answer 30

legal principle established by a court in a previous case that is used as a guide or authority in cases with similar facts

Question 31

Statutory interpretation:

Answer 31

process where courts give meaning to the words in legislation when applying the legislation to a case.

Question 32

The constitution outlines:

Answer 32

• How we are governed
• The structure and law-making powers of the Commonwealth Parliament
• Basic rights for Australian Citizens

Question 33

Express rights:

Answer 33

• Right to free interstate trade + commerce
• Right to not be discriminated against by Commonwealth based on state of residence
• Right to receive ‘just terms’ when property is acquired by the Commonwealth
• Right to trial by jury for indictable Commonwealth offences
• Right to a limited freedom of religion

Question 34

Strengths of express rights:

Answer 34

Cannot be changed without a referendum

Unchanged since federation

Impose limits on Parliaments law-making

Question 35

Weakness of express rights:

Answer 35

Limited in scope

Referendum is time consuming

Only 5 rights

Question 36

Implied rights:

Answer 36

A right that is not explicitly stated in the constitution but is considered to exist by the High Court’s interpretation of the constitution’s meaning.

Question 37

How does the Constitution protect human rights?

Answer 37

High Court can imply the existence of human rights

Question 38

Implied right to political communication:

Answer 38

Legal principle in Australian constitutional law that protects he ability to engage in communication on political matters.

Question 39

Strengths of implied rights:

Answer 39

High Court has right to find implied rights as reflected in the right to political communication

Fully enforceable by the High Court

Question 40

Weakness of implied rights:

Answer 40

Cannot interpret the meaning of Constitution and declare infringements

No mechanism preventing parliament from passing laws

Question 41

Effectiveness of the Constitution - strengths:

Answer 41

Separation of powers protects rights as judges are independent of the legislative

Representative government protects human rights as laws as society changes

Representative government = regular elections

Question 42

Effectiveness of the Constitution - weakness:

Answer 42

No mechanism preventing parliament from passing laws which are valid

Members of executive branch are members of legislative

Reliance on representative government to protect human rights is not effective

Question 43

Freedom of political communication:

Answer 43

The constitution does not explicitly state that Australians have the right to freely discuss and debate political issues, referred to as the freedom of political communication.