The Nature and Development of Human Rights

Question 1

The definition of human rights

Answer 1

Human rights are fundamental rights

They are things to which every human being is entitled to for being a human being

Question 2

4 key features of human rights

Answer 2

Universal: to be enjoyed by all individuals regardless of their nationality, gender, race or status
Indivisible: all human rights are equally important
Inherent: the birthright of all humans and are to be enjoyed by all people simply by reason of humanity
Inalienable: people can’t agree to give them up or have them taken away

Question 3

3 types of human rights

Answer 3

Civil and political rights (individual rights)
economic social and cultural (individual)
Environmental, peace, self-determination (collective)

Question 4

Outline the abolition of slavery

Answer 4

• Europeans required more and more resources
• the slaves grow and manufacture cash crops
• Slavery was eventually condemned as rationalist thinkers began to criticise slavery as violating the rights of man as the horrors of the slave trade became known in Europe and evangelical Christians criticised it as ‘unchristian’.
• Today there is an estimated 27 million people enslaved

Question 5

Legal responses to the abolition of slavery

Answer 5

-British: Ruled slavery illegal (R v. Knowles). Importation of slaves to the colonies was officially ended with the slave trade act 1807 (UK)
-US: Created the slave trade act 1808 (USA).
the slavery abolition act 1833 (UK) abolished it, freeing the slaves
-League of Nations slavery convention abolished slavery worldwide in 1926
-Abraham Lincoln was an abolitionist who abolished slavery by the addition of the 13th amendment to the US constitution
-article 4 of the UDHR made a clear statement that slavery was prohibited

Question 6

Why did trade unions form

Answer 6

-First emerged during industrial revolution in response to appalling conditions, lack of safety, low wages and long working hours

Question 7

What are trade unions based on

Answer 7

-They are based on the concept that one employee has very little power, but many workers combined in a single cause have a great deal of power

Question 8

What is the ILO

Answer 8

Formed as an international agency of the League of Nations created with the aim of improving conditions for workers around the world
Formed in 1919 after World War One
it has since become an agency of the UN after the League of Nations was disbanded

Question 9

What do artical 23 and 24 of the UDHR say (5)

Answer 9

• Rights-Labour and trade union rights
• everyone has the right to work, to free choice of employment, to just and favourable conditions of work in protection against unemployment
• Everyone without discrimination has the right to equal pay for equal work
• Everyone who works has the right to just and favourable remuneration, ensuring for himself and his family an existence worthy of human dignity and supplemented if necessary, by other means of social protection
• everyone has the right form and join trade unions for the protection of his interests
• Everyone has the right to rest and leisure including reasonable limitation of working hours and periodic holidays with pay

Question 10

Outline the issue of universal suffrage

Answer 10

• Historically limitations have been placed on a person’s ability to vote based on race, gender, ethnicity, age and beliefs
• During the 19 century movement rose up to promote the right of woman to vote
• woman gained the right to vote first in New Zealand in 1893, South Australia in 1894, UK 1918, USA 1928
• Indigenous Australians gained the right to vote in 1962 (voluntary)

Question 11

What does articel 21 of the UDHR say

Answer 11

Universal suffrage

1. Everyone has the right to take part in the government of his country directly or through freely chosen representatives
2. Everyone has the right of equal access to public service in his country
3. The will of the people should be the basis of the authority of the government this will should be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures

Question 12

Outline the development of universal education

Answer 12

• Originally religion based e.g. Sunday school

- First compulsory education in New South Wales with the public Education Act 1880

Question 13

What does article 26 refer to

Answer 13

universal education:

1. everyone has the right to education. Fundamental education shall be free and compulsory
2. education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedom
3. parents have a prior right to choose the kind of education that shall be given to their children

Question 14

what legal responses are there to self-determination

Answer 14

• UN charter-self-determination: “to develop friendly relations among nations based on respect for equal rights and self-determination”
• ICESR: ‘all people have the right to self-determination, allowing their political status to be chosen and freely pursue their economic, social and cultural development’
• Declaration of the rights of indigenous peoples in Australia in the 21st century: in 2007 the UN adopted UNDRIP it is a non-binding (like all declarations) on members of the UN. It provides greater awareness and protection of the world indigenous peoples

Question 15

What are environmental rights based on

Answer 15

based on the principle of intergenerational equity; the concept that each generation has the responsibility to care for the environment so that future generations can have access to its resources

Question 16

What are 2 examples of treaties and charters regarding environmental rights

Answer 16

E.g. African charter on human and people’s rights-article 23

Environmental rights Kyoto Protocol on climate change 1997

Question 17

Example of peace rights after war

Answer 17

Post-World War Two-UN created with charter to maintain World Peace and promote the development of humanity

Question 18

What is the charter of the united nations

Answer 18

The charter of the United Nations contains general provisions that relate to human rights.
Article 1 of the charter requires the organisation to promote human rights and fundamental freedoms for all, regardless of race, sex, language or religion
Article 55 states that the United Nations shall promote respect for and observance of human rights

Question 19

What does the UDHR do

Answer 19

It affirms the promotion of universal respect and observance of human rights and the dignity and worth of a person.

Question 20

What does article 1 of the UDHR assert

Answer 20

the right of all people to freedom and equality in dignity and rights.

Question 21

What does article 2 of the UDHR prohibit

Answer 21

discrimination on the grounds of race, colour, sex, language, religion, political or social opinion, national or social origin, property, birth or other status.

Question 22

What does article 3-21 of the UDHR outline

Answer 22

civil and political rights, including the right to participate in government.

Question 23

What does article 22-27 of the UDHR detail

Answer 23

economic, social and cultural rights such as the right of all people to work, to join trade unions and participate freely in the cultural life in their communities.

Question 24

Is the UDHR legally binding

Answer 24

Technically, the Declaration of Human Rights is not legally binding. However, the rights are so widely accepted that they have become part of the general principles of international law, even though they may not be part of customary international law.