Topic 1 Flashcards
External Exam Study
How did the Magna Carta provide a foundation to Human Rights?
The Magna Carta was created in 1215 and initiated several human rights, such as rule of law, equality before the law, right to a fair trial, right to own property and the right to democratic participation, these rights later became established in modern day society. For example separation of powers was put into Britain’s legislation due to it being established in the magna carta, this was than also put into Australia’s legislation.
What are some treaties and conventions developed from the International Bill of Human Rights 1948
The Universal Declaration of Human Rights 1948
International Convention on Civil and Political Rights 1966
International Convention on Economic, Social and Cultural Rights 1966
Optional protocol relating to both the previous stated conventions.
What is the Universal Declaration of Human Rights 1948?
-The first document of international law dealing with human rights
-Preamble commits states to supporting human rights
-It’s a declaration so its not legally binding
-Key rights covered in this declaration: Right to Life, Right to Democracy and the Right to a Trial by Jury, Right to Non-Discrimination, etc
-This declaration represents basic human rights and protections inherent to ever human being and has been endorsed by all countries.
-It covers a broad range of areas that include civil, political, cultural, economic and solidarity rights.
What rights does the ICCPR aim to protect?
-The preamble makes reference to the support of the UDHR and its civil and political freedoms
-This convention aims to protect civil and political rights since these rights are crucial to citizens belonging to nations, these rights are central to people living in safety and free from fear of government.
-Has two optional protocols, the first allows for individuals to deal with complaints against state parties with the UNHRC, the second prohibits the death penalty.
Key Rights: Right to Freedom of though, peaceful assembly, free association, equality before the law, right to self-determination, right to life, liberty, and security of person, freedom from cruel or inhumane treatment and the right to a fair trial.
What rights does the ICESCR aim to protect?
-References the UDHR and its economic, social and cultural rights and commits the parties to inalienable rights.
-This Covenant aims to protect economic, social and cultural rights of citizens, these rights encourage quality of life and are generally positive rights that place obligations or duties upon states.
-allows for individuals to make appeals in order to contest claims of violations of human rights against states
-monitored by the UN Economic and Social Council
Key Rights: Right to work, right to equal pay for equal work, the right to strike and the right to education
What does the Convention on the Elimination of All forms of Racial Discrimination aim to achieve?
-The preamble commits states to taking necessary steps to eliminate racial and heritage discrimination and to combat racism
-affirms core principles of equality regardless of race, colour or nationality.
-denounces racism and apartheid
Key articles: equality before the law, right to work, right to adequate standard of living and right to Access to Government Services
-Committee on the Elimination of Racial Discrimination (CERD)
What does the Convention on the Elimination of All forms of Discrimination against Women aim to achieve?
-Commits state parties to taking the necessary steps to eliminate any form of gender discrimination and recognises the importance of women to societal development
-Key Articles: Right to Work, Right to Family, Right to Adequate Standard of Living and Equality before the Law.
-Committee on the Elimination of Discrimination Against Women (CEDAW)
What’s the Convention relating to the Status of Refugees 1951 and the Protocol Relating to the Status of Refugees 1967
-It recognised the rights of persons to seek aslyum from persecution in any countries. It defines what a refugee is and the rights of individuals who are granted asylum. It also details the responbilities of nations that grant aslyum
Key articles: the principles of non-refoulment, the rights to association, right to work, right to adequate standard of living and equality before the law.
The 1967 protocol removed the geographical limits that only applied the convention to certain areas.
What is the United Nations Convention on the Rights of Child (1989)
This convention aims to protect human rights regarding children since children have a sense of immaturity that leaves them vulnerable to be exploited by others. This convention defines a child as a person under the age of 18, grants the rights of life, identity, criminal justice protections, safety and security.
There are three optional protocols, the first one restricts children’s involvement in the military, the second prohibits the sale of children, child prostitution and child pornography, the third one relates to the communication of complaints.
What are the first 3 organs of the UN and their individual purposes?
General Assembly
- Parliament and voting body for all 193 member states
-meeting ground for discussions, each country has one vote.
-it makes appointments for the other bodies, makes recommendations to the security council, decides on admission of new members and develops a UN Budget
The Secretariat
-Comprises of the Secretary-General, it carries out the day to day work of the UN as mandated by the general assembly and other principle organs
International Court of Justice
-judicial body of the UN
-Role is to settle disputes submitted to it by nation states according to the principles of international law.
What are the last 3 organs of the UN and their individual purposes?
Security Council
-Responsible for maintaining international peace and security (enforcement organ)
-15 members consisting of 5 permanent members (US, UK, China, Russia, France) and 10 non-permanent members.
-each member has one vote and all member states must comply with decisions
-each permanent member has a veto power
-can impose sanctions or even authorise the use of force to maintain international peace and security
Economic and Social Council
-Body responsible for economic, social and environmental issues
-In charge of implementing internationally agreed development goals and is the UN’s central body for reflection, debate and innovative thinking.
-Hosts an annual Humanitarian Affairs Segment
-Guides how policies can be integrated in domestic frameworks
-non-binding resolutions, requires state cooperation.
Trusteeship council
-established to provide international supervision for the 11 trust territories as they transition to self-government/independence
-By 1994 all trust territories had attainted independence so it now meets only as required.
What is the UN charter?
-Outlines the rights and obligations of its member state, it sets out to different organs their different purposes,
-It states the purpose of the UN is to maintain international peace and security, develop friendly relations between nations, cooperate in solving international problems of an economic, social, cultural and humanitarian nature, promotes respect for human rights.
-This charter can only be amended by two thirds of votes in GA and the fiver permanent members of the security council.
What is the Rights of States?
Sovereignty=A government exercises full control over affairs within a geographical limit, this means it gets to exist as a independent legal and political body.
Equality/Equal Sovereignty= all countries must be treated equally, no nation should be given more rights or powers because of size or power.
Political Independence= Ensures within territorial boundaries of a state that the state has the right to have an independent political system free from interference.
Territorial Integrity = The idea that a state has the rights to its own territory and another state should not do anything to infringe on that.
What is the role of the United Nations High Commissioner for Refugees?
The United Nations High Commissioner for Refugees is tasked with coordinating international efforts to protect and resolve issues regarding refugees. The UNHCR seeks to promote the rights of refugees and does so by compiling reports of abuses perpetrated by states.
How are Human Rights monitored and how are human rights violations reported?
Human Rights are monitored by a variety of stakeholders, the UN, and organisations created from international treaties like the committee on the elimination of racial discrimination (CERD), the Committee on the elimination on discrimination against women (CEDAW) and the UNCRC. Complaints of human right violations at a federal level in Australia can be reported at the AHRC, at a state level they can be lodged with the Queensland Human Rights Commission.
