Legal Studies QCE Units 4 Topic 1 & 3 Exam Revision

Signatory

A person or government that signs an agreement with others; especially a government that agrees with others to abide by a signed agreement.

Human Rights

fundamental rights that are considered to belong to every person regardless of race, gender, age, nationality or religion

Ratification

the process of full adoption of the obligations imposed by a treaty or covenant into Australian law by the passing of legislation through the federal parliament that mirrors and enacts the treaty obligations

Convention

similar to a treaty but more often on

specific matters or issues, and sometimes of a less

formal nature

multilateral treaty

a formal agreement entered into by more than two nation-states

Bilateral Treaty

a formal agreement entered into by two-nation states

Bill of Rights

a formal declaration of the legal and civil rights of the citizens of any state, country or federation

Royal Commission

A royal commission is a formal public inquiry into an issue of great importance established by the governer general

State

countries recognised as having legal standing under international law as they have a defined territory, one government and a permanent population coupled with the ability to enter into relationships recognised by law with other states

State Soverignty

the power of a government to run

its own affairs and make laws for its territory

Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)

This Act ensures that the Australian

framework of laws that seek to protect human rights.

Under the Human Rights (Parliamentary Scrutiny)

Act 2011 (Cth), all new Bills must be compatible

with the rights and freedoms recognised in the

seven core international human rights treaties that

Australia has ratified

International covenant on civil and political rights

commits its parties to respect a number of important civil and political rights. These include the rights of an

individual to life, freedom of assembly, electoral

rights, freedom of religion, freedom of speech, a

fair trial and due process.

Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW):

This convention outlines non-discriminatory requirements and women's rights, with an emphasis on political life, representation, and rights to nationality, education, employment, and health. It also details the equality in marriage and family life and equality before the law.

International Convention on the Elimination of All Forms of Racial Discrimination 1966 (ICERD)

This convention commits parties to the elimination of all forms of racial discrimination. It requires the elimination of racial segregation and the criminilisation of incitement of racial hatred as well as the promotion of understanding and tolerance

Convention on the Rights of the Child 1989:

This convention sets out the civil, political, economic, sociall, health and cultural rights of children. Every child, 18 and under unless a state's legislation determined otherwise prior to the convention, is deemed to have basic rights including right to life, right to be raised by their parents within a family or cultural grouping, and to have a relationship with both parents even if they are separated. Children also have the right to their own name and identity. It also requires signatories to provide for separate legal representation for a child in judicial disputes concerning their care and asks that the child's viewpoint be heard and prohibits capital punishment.

Accession

When a nation-state enters into a treaty that has already been formed after it has been negotiated and signed by other states.

The Role of Reservations

when a nation-state does not wish to be bound by every provision in a treaty so ratifies only the parts of the treaty by which it does agree to be bound. Usually comes about where a treaty contains elements that contradict current domestic law in a country

United Nations Charter Article 2.1

Equality across all states

United Nations Charter Article 2.4

Territorial Integrity

United Nations Charter Article 2.7

Domestic Affairs

Magna Carta 1215

the Magna Carta which set out principles of due process and equality before the law, such as the right to a trial by a jury of one's peers and not being held imprisoned without the prospect of a fair trial. It also enshrined the right of the church to be free of government interference, as well as the rights of all free citizens to own and inherit property. It contained provisions that guaranteed protection from excessive and/or arbitrary taxation and also protected the rights of widows who owned property to choose to not remarry

Racial Discrimination Act 1975 (Cth)

makes it unlawful to discriminate against a person, in many areas of public life, including employment, education, getting or using services, renting or buying a house or unit, and accessing public places, because of their race

Sex discrimination act 1984 (cth)

This act prohibits discrimination on the basis of sex, marital or relationship status, actual or potential pregnancy, sexual orientation, gender identity, intersex status or breastfeeding in a range of areas of public life. Like the RDA, it prohibits discrimination in areas of work, accommodation, education, the provision of goods, facilities and services, the disposal of land, the activities of clubs and the administration of Commonwealth laws and programs.

Disability Discrimination Act 1992 (Cth)

This act ensures freedom from discrimination for people suffering from a disability, prohibiting discrimination in employment, education, publicly available premises, provision of goods and services, accommodation, clubs and associations, and other contexts. Discrimination also includes failing to make reasonable adjustments.

The Australian Consistution s51

Within the framework of the Australian Constitution, the Commonwealth and state governments have different responsibilities for outlining the legal and political systems of Australia's governance, including human rights. The constitution also outlines express and implied rights as Australia does not have a bill of human rights

Right to free speech

The right to free speech in Australia is an implied right consisting of two elements the freedom of expression and the freedom of opinion which stem from the ICCPR of which Australia is a signatory too.

Right to protest and assembly

The right to protest and assemble is a regulated right by the Queensland government under the Peaceful Assembly Act 1992 (QLD). Peaceful public assemblies in Queensland are defined in the Act as any rally or demonstration held in a public place, including those that move between an assembly point and another location.

Freedom from discrimination

In Australia, Freedom from Discrimination is a protected right within both Federal, State and Territorial legislation. The main form of state legislation protecting this right is the Anti-Discrimination Act 1991 (Qld). Generally speaking there is a lot of overlap between state and federal legislation however, due to provisions in section 109 of the Australian Constitution most rights are protected at a federal level.

Right to democratic representation

In Australia, there is an implied right to vote. The right to vote is too ensure that on a democratic level all upstanding citizens have role to play in who looks after the country. Not all citizens are granted voting rights

Freedom of Religion

Freedom of religion is an express right under s116 of the Australian Constitution which states the following The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

Right to a trial by jury

The right to a trial by jury is an express right outlined under s80 of the Australian consitution. This is a limited right however, as it is only applicable to indictable offences and not summary offences.

Resolving human rights complaints - Protesting

Australian citizens and interest groups can protest areas of parliament of which they are dissatisified with there treatment of certain human rights. Protesting can be achieved through processes outlined in the Peaceful Assembly Act 1992 (QLD)

Resolving human rights complaints - Lobbying

Ethical Lobbying is viewed by the Queensland integrity commisioner as a legitimate activity and an important part of the democratic process. Lobbyists can help individuals and organisations communicate their views on matters of public interest to the government and opposition and, in doing so, improve outcomes for the community as a whole.

Resolving human rights complaints - Lodging Complaints

A human rights complaint can be lodged through

the AHRC for a federal breach or with the Anti-

Discrimination Commission Queensland for a state

or local breach. The AHRC require the all complaints mus include all details including the nature of the complaint. All complaints must be submitted through either a hard copy or an online form. The AHRC requires that the alleged breach occured within a year of lodging the complaint

The ADCQ requries the following:

Must be submitted through a specific form. There must be sufficient evidence that the offending party did breach anti-discrimination laws. And can look at complaints lodged over a year since incident