QCE Legal Unit 4 Topic 1 and 3

has each syllabus point for unit 4 topics 1 and 3 needed for externals (2019 syllabus) and some past questions at the end.

Human rights

Fundamental rights inherent to all people, protected by international and domestic law (e.g., equality before the law, freedom from discrimination).

Covenant

A binding international treaty creating legal obligations among states; examples include ICCPR and ICESCR.

Treaty

A written agreement between subjects of international law that creates legally binding obligations; can be bilateral or multilateral.

State

A sovereign political entity with a defined territory, permanent population, government, and capacity to enter into relations with other states.

Sovereignty

The supreme authority of a state to govern itself; includes political independence and territorial integrity.

Signatory treaty

A state that has signed a treaty, indicating intent to be bound, though ratification may be required for full legal effect.

Convention

A formal international agreement, often binding; can be universal or regional (e.g., refugee conventions, CEDAW).

Multilateral

Involving more than two states; typically conducted through international organizations.

Bilateral

Involving two states.

Ratification

The formal act by which a state consents to be bound by a treaty, making obligations legally binding.

Accession

Joining a treaty after negotiations, often by a state that did not sign at the time of adoption.

Reservation

A statement made by a state when signing, ratifying, accepting, approving, or acceding to a treaty limiting the scope of the treaty.

Universal Declaration of Human Rights (UDHR)

The 1948 UN declaration outlining fundamental human rights to be universally protected.

ICCPR

International Covenant on Civil and Political Rights; treaty protecting civil and political rights.

ICESCR

International Covenant on Economic, Social and Cultural Rights; treaty protecting economic, social, and cultural rights.

Convention Relating to the Status of Refugees (1951)

Outlines the minimum standard for the treatments of refugees, defines what a refugee is, defines the rights and responsibilities of refugees.

Protocol Relating to the Status of Refugees (1967)

Protocol that broadened the Refugees Convention by removing geographic/time limits.

ICERD

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

CEDAW

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

CRC

Convention on the Rights of the Child (1991)

Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)

Australian law requiring parliamentary scrutiny of proposed legislation for human rights compatibility.

Magna Carta 1215

Historical charter limiting the powers of the monarchy and establishing early rights protections.

Racial Discrimination Act 1975 (Cth)

Australian law prohibiting racial discrimination.

Sex Discrimination Act 1984 (Cth)

Australian law prohibiting sex discrimination.

Disability Discrimination Act 1992 (Cth)

Australian law prohibiting discrimination on the basis of disability.

Australian Constitution

The supreme law of Australia, including express and implied rights and powers.

Foreign affairs power (s51, external affairs)

Constitutional power enabling the federal government to engage in external matters and treaty implementation.

Express rights

Rights explicitly stated in the constitution or statute.

Implied rights

Rights inferred from the constitution’s text and structure, not explicitly stated.

Right to free speech

Freedom to express opinions without undue government restriction (within lawful limits).

Right to protest and freedom of assembly

Right to gather peacefully to express views and petition authorities.

Freedom from discrimination

Protection against unequal treatment based on protected characteristics.

Right to democratic representation

Right to participate in elections and have representation in government.

Freedom of religion

The right to practice any or no religion without interference

Right to trial by jury

Right to have certain cases heard by an impartial jury.

Australian Human Rights Commission (AHRC)

National human rights institution promoting and protecting human rights in Australia.

Australian Law Reform Commission (ALRC)

National body assessing and recommending reforms to Australia’s laws.

State and territory Law Reform bodies

Regional bodies that review laws and propose reforms within states and territories.

Courts

Judicial bodies that interpret and apply laws and resolve disputes.

Queensland Council for Civil Liberties (QCCL)

Queensland-based civil liberties advocacy group promoting rights and civil liberties.

Australian Human Rights Centre

Academic/research center focusing on human rights theory and practice.

Australian Lawyers for Human Rights (ALHR)

Professional association promoting human rights within the legal profession.

Amnesty International

Global NGO focused on human rights advocacy and protection.

IFRC

International Federation of Red Cross and Red Crescent Societies; humanitarian rights organisation.

Media

Channels for reporting and analyzing rights issues; plays a watchdog and advocacy role.

UNHCR

United Nations High Commissioner for Refugees; UN agency protecting refugees and asylum-seekers.

United Nations Charter

Foundational treaty of the UN outlining purposes, principles, and structure.

Article 2.1 (UN Charter)

Principle of sovereign equality of all UN Members.

Article 2.4 (UN Charter)

Prohibits threat or use of force against territorial integrity or political independence.

Article 2.7 (UN Charter)

States that the UN cannot intervene in matters within the domestic jurisdiction of states.

Role of the UN

To promote peace, security, and cooperation among nations while upholding human rights and international law.

UN Agencies

Organizations that carry out the UN's work in various areas such as health, education, and humanitarian assistance.

Bill of Rights

A list of the most important rights to the citizens of a country. Can either be entrenched (within the constitution) or within legislation passed by parliament.

International Bill of Human Rights

A collection of international treaties that aim to protect human rights, encompassing the Universal Declaration of Human Rights and two key covenants; ICCPR, ICESCR.

Royal Commission

A formal inquiry established by the government to investigate and report on specific issues of human rights concern.

Sovereignty

The authority of a state to govern itself and make decisions independently without external interference.

Equality

The state of being equal, especially in status, rights, and opportunities. It emphasises the fair treatment and consideration of all individuals regardless of their background.

Political independence

The condition of a nation or state having autonomy and the ability to govern its own affairs without external control or influence.

Territorial integrity

state's right to maintain its borders and ensure the unity of its territory against external aggression or interference.

Protesting for human rights

Citizens can engage in public demonstrations or gatherings to voice grievances, raise awareness about human rights issues, and pressure authorities for change.

Lobbying for human rights

Citizens can attempt to influence decision-makers (e.g., politicians, government officials) directly or through advocacy groups to promote specific human rights reforms or address violations.

Lodging human rights complaints

Citizens can submit formal complaints to relevant national or state/territory human rights institutions (e.g., Australian Human Rights Commission, Equal Opportunity Commissions) regarding alleged human rights breaches.

Tribunal/Court actions for human rights

Citizens can initiate legal proceedings in administrative tribunals or courts to seek remedies for human rights violations, relying on anti-discrimination laws or other human rights legislation.

Church groups

Religious organisations that advocate for human rights and social justice, often providing support and resources to address human rights issues within communities.

What three things must an applicant prove in a human rights trial before the Federal Court of Australia?

1. The court has jurisdiction to hear the matter.

2. A human right has been infringed or a duty breach.

3. The applicant has standing and a claim for relief.

What two things must occur before a human rights claim can be commenced in the Federal Court of Australia?

1. A complaint must be lodged with the relevant human rights commission.

2. The commission must attempt to resolve the matter through conciliation.

Self-determination

The right of a people to freely determine their political status and freely pursue their economic, social, and cultural development, encompassing both internal (autonomy within a state) and external (forming an independent state) aspects.

What is the role of the United Nations High Commissioner for Refugees (UNHCR)?

The UN agency tasked with protecting and assisting refugees and other forcibly displaced people globally, safeguarding their rights and well-being.

How does UNHCR provide legal protection to fulfill its role?

By ensuring states uphold international refugee law (e.g., non-refoulement), advocating for asylum seekers' rights, helping develop national asylum systems, and working to prevent statelessness.

How does UNHCR deliver humanitarian assistance and durable solutions?

UNHCR provides essential aid (shelter, food, medical care, education) and seeks durable solutions like voluntary repatriation, local integration, or resettlement to a third country.

Who is defined as a 'Refugee' by UNHCR?

Individuals who have fled their country due to a well-founded fear of persecution (based on race, religion, nationality, social group, or political opinion) and cannot or do not want to return.

Who is defined as an 'Asylum-seeker' by UNHCR?

Individuals who have fled their country and are seeking international protection, but whose claim for refugee status has not yet been legally determined.

What is the Australian Human Rights Commission (AHRC) role and powers under anti-discrimination legislation?

It investigates complaints, attempts conciliation, and can hold public inquiries and make recommendations.