Topic 3 Flashcards
Study for external exam
What is the purpose of the Australian Human Rights Commission?
The Australian Human Rights Commission’s purpose is to provide independent and impartial services to promote and protect human rights and fundamental freedoms. It investigates complaints about discrimination and human rights, than undertakes inquires into these complaints and provide a solution to the victim via conciliation, if this does no work than the victim has to go to court. (non-binding resolutions) (free)
How is equality before the law established and protected?
-Established in the ICCPR
-Ensures all people can be recognized before the law and allows them to enjoy human rights without discrimination.
-It provides equal and effective protection against discrimination
-programs aimed at assisting people affected by discrimination are not considered discrimination.
What are express and implied rights?
Express rights are rights that are explicitly stated in the constitution.
-they cannot be changed without a referendum and are enforced by the high court.
Implied Rights are rights that have been implied through past interpretations of the constitution.
-High court justices interpret the constitution, these interpretations can create implied rights.
What are some examples of express and implied rights?
Express:
s116 - the right to freedom of religion
s92 - The right to free interstate trade and commerce
s51 (xxix) - The right to receive ‘just terms’ when property is acquired when property is acquired from the commonwealth.
s80
The right to trial by jury for commonwealth offences
s117 - the right to not be discriminated against on the basis of the state where you reside.
Implied
Right to vote/democratic representation, right to free speech, freedom of expression, freedom of opinion, right to protest and freedom of assembly.
Is the right to freedom of speech protected by our constitution?
The right to freedom of speech is implied in our constitution, so its not a constituational right. There are two elements to freedom of speech, freedom of opinion and freedom of expression. Freedom of opinion is the right to communicate your opinion without fear of persecution and freedom of expression is the right to express your opinion in any medium.
What is the Right to protest and free assembly?
-Implied from the right to freedom of political communication
-Have the right to hold peaceful protests in public places, must be authorized by authorities.
-restrictions can be imposed where it is necessary in a democratic society to protect the rights of others, public health, morals, safety and order.
What is the Right to democratic participation?
-The right to express the will of the people in the management and authority of the nation
-This right can be implied by the constitution
-In Australia this right is shown through the electoral process since people will elect others to represebt their beliefs in parliament.
What is the right to a trial by jury?
-The right to a trail by jury is the right to be tried by your peers for crimes you’ve committed.
-It ensures that trials are free, fair and unbiased and allowed for your Defense to be made.
-It is found within the Australian Constitution (s80) however this right is only applied if a commonwealth offence is committed (terrorism)
What is freedom from discrimination?
-similar to equality before the law, it ensures nobody’s denied their rights because of factors such as race, colour, sex or
location.
-positive discrimination refers to the ability for governments to be able to discriminate if it is for the purpose of elimination discrimination.
-In Queensland the act that protects us from discrimination is the Anti-Discrimination Act 1991(Qld)
What is the Australian Law Reform Commission?
-Was established by the Australian Law Reform Commission Act 1996, sitting independently within the portfolio of the Australian Government.
-The ALRC can comment on the law and make recommendations without fear, favour or political interreference because of this act.
-The ALRC conducts inquiries and provides recommendations for law reform and the AG provides and defines scope.
What is the Queensland Council for Civil liberties?
-The QCCL is a volunteer supported human rights organisation which aims to protect civil liberties of Queensland citizens and ensure access to rights under the UDHR and ICCPR.
What is the Australian Human Rights Centre?
The AHRC is an interdisciplinary research and teaching institue.
The centre promotes public awareness and academic scholarship about domestic and international human rights standards, laws and procedures through research projects, education programs and publications
Transform laws, policies and practice to advance human rights by lobbying with politicians.
Ensures governments, the parliament and businesses respect human rights.
Ensures accountability by investigating and exposing violations of human rights through advocacy
What is the role of media in legal change?
-Media informs citizens of a country about matters concerning their political and legal systems
-Separate from the government, judiciary and executive, it increases public knowledge of rights and how to respond to infringements
-They raise awareness about human tights issues on international and domestic levels, whilst also uncovering concerning behaviours and allowing marginalized voices to be heard
What are some special interest groups?
Amnesty International - It is an advocacy group campaigning for a world where human rights are enjoyed by all. Amnesty International is funded by its members and is independent of any political ideology, economic interest or religion
E.g. they have campaigned across Australia to abolish gay conversion therapy.
International Federation of Red Cross and Red Crescent Societies (IFRC) -
Founded as a result of the aftermath of WWl having revealed a need for cooperation between Red Cross Societies. Their first objective was to improve health of people who suffered greatly as a result of the war. It’s goa;s were to ‘strengthen and unite, for health activites, already existing Red Cross Societies and to promote creation of new societies
The World Council of Churches -
Special Interest ecumenical group that advocates and lobbies for human rights. A key aim of the WCC was to serve a human need by breaking down barriers between people and seeking justice and peace throughout the world.
