Unit 2 - Area of Study 3 - Human Rights Flashcards

1
Q

Human rights are:

A

Entitlements held by all human beings regardless of their background

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2
Q

Express rights are:

A

The rights held by individuals which are explicitly stated in the constitution.

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3
Q

The 5 Express Rights are:

A

The right to Acquire property on just terms
The right to trial by jury for all Commonwealth Indictable offences
The right to freedom of religion
The freedom of trade and commerce
To not be discriminated against based on your state of origin.

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4
Q

An implied right is:

A

A right not explicitly stated in the constitution however it is inferred

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5
Q

One example of an implied right is:

A

The right to vote

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6
Q

Statute law is

A

Laws created by parliament

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7
Q

An example of statute law which protects human rights is:

A

Anti-discrimination laws

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8
Q

Common law is

A

Laws made by the court where a previous law does not exist or the law needs to be interpreted.

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9
Q

True or false: The Australian Government must follow any human rights declarations made by the United Nations

A

False

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10
Q

One argument for rising the age of criminal responsibility for young people is

A

They do not have the mental capacity to commit crime.
Imprisonment would cause irreparable damage to them.

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11
Q

One argument against raising the age of criminal responsibility is.

A

There has been a significant increase in youth crime and this change could empower more.

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12
Q

Representative Government means:

A

That the government is selected by ‘the people’

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13
Q

The right to vote is a ________ right

A

Implied

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14
Q

Roach vs The Electoral Commissioner

A

A high court case involving voting rights of prisoners when the Commonwealth Government passed a law which banned voting for all prisoners.

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15
Q

The Separation of Powers refers to which 3 branches of law making?

A

Legislative, executive and judicial

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16
Q

The constitution is

A

the founding
document of Australia that sets out
the composition of the Australian
Parliament, its function and layout,
and its powers.

17
Q

True or false: The government can pass laws which infringe on implied rights

A

True

18
Q

True or false: A person who is unaffected by law which infringes on rights can challenge it in the high court.

A

False

19
Q

Victorian Charter of Human Rights
and Responsibilities (VCHRR)

A

a piece of Victorian legislation that sets
out human rights, freedoms, and the
responsibilities of the government and
public bodies to protect these.

20
Q

One argument against lowering the voting age for young people is:

A

They may not understand the political atmosphere enough to make a good decision.