Unit 2 AOS 3 Flashcards
Human rights
Basic freedoms or standards that promote and uphold the dignity of all people , and are guaranteed by a moral sense or by the law
ways rights are protected in Australia
- statute law
- common law
- the australian constitution
- victorian charter of human rights and responsibilities
how are rights protected through statute law (example)
Most rights in australia are protected through commonwealth, state and territory legislation. parliaments have passed many statutes that outline and protect a range of rights, such as the privacy act 1988, which protects the right to privacy.
how are rights protected through australian constitution (example)
the australian constitution establishes some basic rights for australian citizens. it protects peoples rights in two ways, being through express rights and implied rights
express rights
rights that are stated in the constitution and can only be changed by referendum
includes the right to…
- free interstate trade and commerce–> provides freedom of movement
- not to be discriminated against by the commonwealth on the basis of the state where you reside
- receive ‘just terms’ when property is acquired by the commonwealth
- trial by jury for indictable commonwealth offences
- a freedom of religion
implied rights
not explicitly stated in the constitution but is rather implied to exist by the high court when interpreting the constitution.
- eg. although the constitution does not explicitly state that australians have the right to freedom of political communication, the high court has decided that it is implied.
how are rights protected through the charter of human rights (example)
- recognises and sets out the basic rights, freedoms and responsibilities of the Victorian people
- outlines 20 basic human rights that belong to the Victorian people
Eg. The right to life, freedom of movement , the right to protection from torture or cruel, inhumane or degrading treatment , ect.
how are rights protected through common law (example)
many rights are protected by common law. judges can establish precedent that protects the rights of australian people. these rights are common law rights. includes the right to..
- silence
- a fair trial
- limited freedom of speech
how can international declarations and treaties influence the protection of rights in australia
- international treaty: an agreement between countries to be bound by international law.
- declaration: a document that outlines a set of standards that nations voluntarily agree to.
- The rights that Australia protects are often influenced by international declarations and treaties such as the Universal Declaration of Human Rights.
UDHR sets out the msot basic human rights that all nations and governments should aim to promote and uphold - commonwealth gov gives its commitment to uphold a range of international human rights treaties by becoming a signatory. for the treaty to become law, the nation must pass legislation to approve and adopt rights outlined in the treaty, known as the ratification of the treaty
Strengths of rights protected by statute law
- statutes are often detailed and precise , and protect human rights specifically , rather than being implied
- human rights contained in statutes are generally enforceable and need to be recognised by government organisations
- parliament can create new legislation and amend existing statutes to incorporate further human rights , particularly as the view and values of the community change
- parliament has the ability to pass laws quickly if there is a need to promptly protect additional rights
Weaknesses of rights protected by statute law
- as the supreme law making body, parliament can amend statutes to restrict or cancel exisiting rights
- parliament can include exemptions , limitations or restrictions in statutes , so protected human rights arent always absolute
- statutes dont always enable a person to be awarded any damages if their rights are breached
- the rights protected in statute law arent as well protected as rights contained in a constitution , as constitional rights can only be removed or altered with public approval
Nature of the right to freedom of religion
All people have the right to be free to think and believe in what they want , and to adopt and practise any lawful religion or belief
Laws that apply to freedom of religion
Statute law :
- Australian Human Rights Commission Act 1986 (Cth)
- Racial and Religious Tolerance Act 2001 (Vic)
- Equal opportunity Act 2010 (vic)
the Australian Constitution: prevents the Commonwealth Parliament from passing a law that,
- Establishes a state religion
- imposes any religious observance (ie. requires people to recognise a religious ceremony or formality)
- prohibits the free exercise of any religion
- requires a religious test as a requirement for holding any Commonwealth office
Protection by the human rights charter and the constitution (freedom of religion)
Human rights charter:
Protects the Victorian people to freedom of thought, conscience , religion and belief, by requiring government authorities, the Victorian parliament and the Victorian courts and tribunals to act in a way that does not prevent people from practising their religion or belief
Constitution:
Section 116 Provides people with a limited right to freedom of religion , the section prevents the commonwealth parliament from passing a law that:
- establishes a state religion
- imposes any religious observance
- prohibits the free exercise of any religion
- requires a religious test as a requirement for holding any commonwealth office
Conflicting attitudes (freedom of religion)
The Religious Discrimination Bill 2019 (Cth) was introduced to ban discrimination, in specified areas, on the grounds of religious belief or activity. One of the purposes of the Bill was to make it unlawful for an individual or organisation to discriminate against a person either for holding a religious belief or for not holding a religious belief. The Bill proposed to make it unlawful, for example, for an employer to dismiss an employee on the basis of their religious beliefs.
People who opposed the bill claimed that the difficulty in defining ‘religious beliefs’ would lead to an increase in discrimination against individuals , specifically in minority groups (eg. LGBT ect)
After it was strongly criticised , the Bill was revised and new introduced into parliament in 2021 but still created controversy
