Unit 2 AOS 3

Question 1

Define human rights

Answer 1

Basic freedoms or standards that promote and uphold the dignity of all people and are guaranteed by a moral sense of duty or by the law.

Question 2

What is the significance of the Universal Declaration of Human Rights?

Answer 2

• It is aspirational in nature, and can influence a country’s parliament to enact legislation that aligns with the articles of the declaration.
• It has been adopted by each of the 93 members of the UN and it’s principles have been incorporated into national or domestic law of most countries.
• It has inspired the creation of more international treaties, declarations and agreements and a number of international human rights organisations that provide further recognition and protection of human rights.

Question 3

What is the Universal Declaration of Human Rights?

Answer 3

An international agreement created by the United Nations that enshrines the rights and freedoms of all human beings.

Question 4

How does the Australian Constitution protect rights?

Answer 4

1. Express rights
   e.g. - right to freedom of religion s.116
   - right to freedom of interstate trade
   and commerce s. 92
2. Implied rights (implied to exist by High Court)
   e.g. - implied right to freedom of political communication (Australian Capital Television Pty Ltd v Commonwealth (1992))
3. Structural protection: mechanisms contained in the structure and text of the Constitution designed to prevent government power from being abused.
   e.g. - bicameral government (senate and
   house of reps)
   - High Court is the guardian of the
   Constitution
   - separation of powers (check and
   balance)