titty traders

What are civil rights?

rights to equal treatments and equal opportunities no matter their race, age, etc

what are political rights?

-he rights to involve oneself in the establishment of a government

-includes right for adult citizen to participate in political activities like voting

what are economic rights?

Rights needed to earn a living where they can afford to meet their needs

what are social rights?

right to basic human needs such as food and shelter

what are cultural rights?

right to preserve and develop one's cultural identity, as well as the right to protect endangered cultures

what is the Universal Declaration of Human Rights (UDHR)?

lists fundamental human rights created after ww2

when can someones rights be limited?

when they interfere with the rights of another person or the good of wider society

eg; jailing murderers

what is 'human rights'?

rights believed to belong to every person

Who has human rights?

everyone no matter their sex, race, etc

what are the 5 types of rights?

-social

-political

-economic

-civil

-cultural

what are absolute and non-absolute rights?

Absolute rights:

Rights that must never be restricted and cannot be limited in any way. No matter the circumstances, these rights should be protected.

eg; freedom from slavery

what was the purpose of the Universal Declaration of Human Rights (UDHR)?

to promote peace and international law

what does the Universal Declaration of Human Rights (UDHR) cover?

social, political, economic, civil and cultural rights

attempts to codify (set out) set of rights before the creation of the Universal Declaration of Human Rights (UDHR)?

-Magna Carta (established the principle that everyone is subjected to the law, right to justice and fair trial)

-English Bill of Rights (created separation of powers)

-US declaration of independence

-Bill of rights (USA)

does the Universal Declaration of Human Rights (UDHR) create law?

No, it is a statement of principles to which nations should inspire to adopt.

What does the Magna Carta establish?

-everyone is subjected to the law

-guarantees right of individuals

-right to justice

-right to fair trial by jury

-no one is above the law

-no one can be detained without cause or evidence

-widow cannot be forced to marry and give up her property

developed into the concept of the rule of law

features of the International Covenant on Civil and Political Rights (ICCPR)?

-a treaty that is attempts to ensure the protection of civil and political rights

-is binding on states that ratify.

countries that ratify it are obligated to protect and preserve basic human rights and take judicial and legislative measures to protect rights of the treaty

what is a treaty?

a formal agreement between two or more nations

What is ratification in Australia?

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

what does the International Covenant on Civil and Political Rights (ICCPR) include?

right to:

-life

-freedom of assembly

-electoral rights

-freedom of religion

-freedom of speech

-a fair trial and due process

What is a 'state'?

must have:

-a permanent population

-defined territory

-a government

-capacity to conduct international relations

what is a 'covenant'?

an agreement between 2 or more nations (a type of treaty)

-a convention

What is the International Bill of Human RIghts?

-The Universal Declaration of Human Rights

-International Covenant on Civil and Political Rights (ICCPR)

- International Covenant on Economic, Social and Cultural Rights (ICESCR)

limitations to the International Covenant on civil and political rights (ICCPR) and optional protocols?

nations are exempt from certain articles during times of public emergencies, however not all articles are exempt

optional protocols:

1) allows victims claiming to be victims of human rights violations to be heard

2) abolish the death penalty

what is the International Covenant on Economic, Social and Cultural Rights (ICESCR)?

sets out basic economic, social and cultural rights, including the rights to:

-work

-fair and just conditions

-education

-health

multilateral vs bilateral

-multilateral: having members or contributors from several nations

-bilateral: having members or contributors from 2 nations

what are civil and political rights?

rights that protect individuals' freedom from interference by the state and make sure that everyone can take part in civil society. They include freedom of speech, freedom of assembly and the right not to be tortured

what are economic, social and cultural rights?

protect the basic necessities for life which includes the rights to food and water, to have a roof over your head, and to adequate healthcare

What does the International Covenant on Economic, Social and Cultural Rights (ICESCR) do?

protects the right to an adequate standard of living, including:

-adequate food, clothing and housing (Article 11)

-the right to enjoy the 'highest attainable standard' of physical and mental health (Article 12)

-the right of everyone to education(Article 13)

-including free and compulsory primary education(Article 14)

-the right to take part in cultural life (Article 15)

what is international law?

a system of rules, principles and practices that govern relationships:

-between nations and other international bodies

what happens when a nation signs an international treaty?

it is under an obligation to ensure its domestic law conforms to the terms of the treaty

what are the sources of international law?

international conventions like the:

- International Covenant on Economic, Social and Cultural Rights (ICESCR)

-what does the International Covenant on Civil and Political Rights (ICCPR)

Features of a convention:

-terms are set out clearly like written contracts

-formalities (rules) which must be observed (done) for a convention to be binding

-must state the parties to the agreement intend it to be binding according to international law

-must state the parties entered into the agreement voluntarily

-must be signed by an authorised representative of the nation which wishes to rely on it

when do treaty obligations become domestic law?

when a nation ratifies it

What is accession?

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

what is reservation?

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

eg; Australia reserved the right that juvenile offenders must not be held in custody of adult prisons in the ICCPR

steps for when a state becomes a party of a treaty:

1) state signs the treaty

-allows time for state to take necessary steps

2) state ratifies the treaty

-formally signs so now state is bounded by treaty

3) state makes declaration (modifies) or reservation (clarifies their understanding) on parts of the treaty

-optional

steps for when Australia becomes a party of a treaty:

1) executive government (government that develops laws an policies) signs treaty

2) executive government tables the treaty in parliament

3) executive government decides whether to pass new legislation or rely on current ones (to implement treaty obligations into the law)

4) parliament passes new legislation if neccassary

5) executive government ratifies treaty

6) executive government makes declaration (modifies) or reservation (clarifies their understanding) on parts of the treaty

what is sovereignty?

the concept that a government exercises full control over affairs within a geographical limit - it can pass laws and enforce laws within the area and is an independent political body in that territory

what are the rights of a State?

1) states have a right to their own territory and that other states should not invade or infringe on that territory

2) states may use force in self-defence

what is the United Nations Charter?

It is an international treaty that sets out basic principles of international relations.

What is the United Nations Children's Fund (UNICEF)?

provide community-based services in primary healthcare, basic education, and safe water and sanitation for children in developing countries

what are the main features of the Convention relating to the Status of Refugees 1951?

-makes refugees a special category of person that needs assistance

convention that defines:

-who a refugee is

-rights and responsibilities

-legal obligation of States relating to the treatment of refugees

-the minimum standards for the treatment of refugees

legal obligation of States relating to the treatment of refugees

-non refoulement meaning refugees cant be sent back to place where they will be at risk of prosecution

-provide free access to courts

-provide identity papers

-treated like other citizens

Key human rights promoted in the Racial Discrimination Act 1975 (Cth)

-promotes equality before the law regardless of ethnicity, race or national origin

-make discrimination on the basis of race unlawful

-provide protection against racial hatred

What is the International Convention on the Elimination on All Forms of Racial Discrimination 1966?

-a United Nations treaty aimed at combating racial discrimination in all its forms

-It obligates signatory states to take measures to eliminate racial discrimination and promote racial equality within their territories

-States that ratify this convention commit to implementing its principles and periodically reporting on their progress to the Committee on the Elimination of Racial Discrimination

what is the Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW)?

international treaty aimed at promoting and protecting the rights of women and girls

key features of the Convention on Elimination of All Forms of Discrimination against Women 1979 (CEDAW)?

-all humans are born free and equal in dignity and rights despite their sex

-incorporate the principles of equality in the legal system

-abolish discriminatory laws and establish new laws prohibiting discrimination

-eliminate discrimination be individuals and organisations

Key human rights promoted in the Sex Discrimination Act 1984 (Cth)

-promote equality between men and women

-eliminate discrimination

-eliminate sexual harassment at work

-prohibit sexual harassment

exemptions to the Sex Discrimination Act 1984 (Cth):

religious institutions

Main features on the Convention on the Rights of the Child 1991

-covers the specific needs of a child within civil, political, economical, social, health and cultural spheres

-sets the minimum entitlements and freedoms that should be guaranteed by the government

-responsibilities adults and governments should have to make sure all children can access their rights

what is the purpose of the Convention relating to the Status of Refugees 1951?

The purpose of the Convention relating to the Status of Refugees 1951 is to provide the internationally recognised definition of a refugee and outlines the legal protection, rights and assistance a refugee is entitled to receive. Right to asylum

what are implied rights?

rights that are underlie in the constitution but not expressively stated

What are the implied rights in Australia?

implied right to vote:

-s24, s7 which states the senate and house of reps 'shall be directly chosen by the people)

implied freedom of political communication:

-Australian Capital Television Pty Ltd v Commonwealth (1992)

How are implied rights limited in Australia?

if a law infringes on the implied right to political communication, but the purpose of the law is reasonable and appropriate to achieve that purpose, then the law may be valid

Australian Capital Television Pty Ltd v Commonwealth (1992)

High Court confirmed that restricting the broadcasting of political advertising in the period leading up to an election was was unconstitutional as it limited the freedom of political communication

describe key human rights initiated or promoted in the Disability Discrimination Act 1992 (Cth):

-provides protection for everyone in Australia against direct and indirect discrimination on the basis of disability

-unlawful to discriminate against someone with a disability in: employment, education, access to infrastructure (libraries and hospitals), accommodation, land and sports

-Australian Human Rights Commission have the ability to investigate complaints and grant exemptions

explain the role of the UN in the United Nations High Commissioner for Refugees

provide non-political and humanitarian basis, international protection of refugees and seek a permanent solution for them

what is a bill of rights

declaration or charter

list of the most important rights to the citizens of a country

purpose of a bill of rights

to protect those rights against infringement from public officials and private citizens

Does Australia have a Bill of Rights?

no, but qld has a Humans Rights Act

what are explicit/express rights?

rights laid out in the constitution

what are the explicit/express rights in Australia?

right to:

1) vote (s41)

2) protection against aquisition of property on unjust terms (s51)

3) trial by jury (s80)

4) freedom of religion (s116)

5) prohibition of discrimination on the basis of State of residency (s117)

explain the right of: the implied freedom of political communication

-voters can freely discuss candidates

-voters and media can unrestricted ability to speak about political matters

-s24, s7 (senate and the house of reps 'shall be... directly chosen by the people"

explain the Roach v Electoral Commissioner(2007) case

-a High Court of Australia case dealing with thevalidity of Commonwealth legislation that prevented prisoners from voting

-he High Court held that the 2006 amendments were inconsistent with the system of representative democracy established by the Constitution and the right to vote could not be taken away

How are human rights protected at the Federal level?

human rights are protected by legislation that has ratified Australia's obligations under international law:

-Sex Discrimination Act 1984

-Privacy Act (1988)

-Disability Discrimination Act 1992

-Racial Discrimination Act 1975

-Age Discrimination Act 2004

also:

-Human Rights (ParliamentaryScrutiny) Act 2011 (Cth)

-which requires that a member of parliament who proposes to introduce a Bill to the parliament must include a statement of compatibility containing an assessment of whether the Bill is compatible with human rights

How are human rights protected in QLD?

1) Qld passed The Human Rights Act in 2019

2) relies on federal government's legislation (like racial discrimination act 1975)

3) Queensland also has specific state legislation such as:

-Anti-Discrimination Act 1991 (Qld)

-Youth Justice Act 1992 (Qld)

-Mental Health Act 2000 (Qld)

what is Human Rights Act 2019 (Qld)

to help build a culture in the Queensland public sector that respects and promotes human rights

-parliament must consider human rights when proposing and scrutinising new laws

-courts and tribunals must interpret legislation in a way that is compatible with human rights

-public entities (police, state schools, etc) and non-government organisations and businesses performing a function must act compatibly with human rights

What does the Human Rights Act 2019 (Qld) protect?

right to life, freedom from forced work, freedom of expression, education, etc

What is the Anti-discrimination Act 1991 (QLD)?

-aims to protect people in Queensland from unfair discrimination, sexual harassment and other objectionable conduct

-provides a means to bring a complaint and have it resolved (anti-Discrimination Commission Queensland)

What does the Anti-discrimination Act 1991 (QLD) prohibit?

it is an offence for a person to be discriminated against on the basis of factors such as sex, age, gender identity, race and impairment, and in certain contexts including work, education and the provision of goods and services

Ways to resolve human rights complaint in Australia:

1) under federal legislation or, in Queensland

2. under the Anti-Discrimination Act 1991 (Qld)

3. go through the Australian Human Rights Commission (AHRC).

what is the Australian Human Rights Commission (AHRC)?

The AHRC can investigate and resolve complaints of discrimination, harassment and bullying based on a person's sex, disability, race

-non binding and not a court

How to Lodge complaints

1) 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

2) To lodge a complaint with the AHRC, the complaint must be in writing and include details of all necessary information regarding the nature of the complaint

What is lobbying?

communicating with government officials to persuade them to support a particular policy position

what is protesting 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

-overrides any other law (either under statute or common law). For example the right of peaceful assembly; traffic or pedestrians; loitering

what is the Australian Law Reform Commission (ALRC)?

-a federal agency that reviews Australia's laws to ensure they provide all Australians with improved access to justice

-conducts inquiries into areas of law at the request of the Commonwealth Attorney-General (legal advisor of government)

-ALRC recommendations do not automatically become law

-independent from the government

what can the Australian Law Reform Commission (ALRC) do?

-bring the law into line with current conditions and needs

-remove defects in the law

-simplify the law

-adopt new or more effective methods for administering the law and dispensing justice

-provide improved access to justice

(makes recommendations)

what is the The Queensland Council for Civil Liberties (QCCL)

The QCCL is a volunteer organisation working to protect the human rights and civil liberties of all Queenslanders

The group puts together submissions to parliament and governing bodies where human rights are infringed and provides a forum for discussions to occur

what is a source for human rights in Australia

Australian Human Rights Centre

how does the Australian Human Rights Centre protect human rights in Australia?

-brings together lawyers, policy-makers, researchers and students from Australian and international organisations and universities to engage in research and teaching activities and public debate on a range of human rights issues

-publishes the Australian Journal of Human Rights, a high-quality peer-reviewed research publication, and the Human Rights Defender, a moreinformal and accessible publication for a general audience

-runs a number of public seminars and events

how does the 'Australian Lawyers for Human Rights' protect human rights?

-promote and support lawyers' practice of human rights law in Australia

-promote federal, state and territory laws across Australia that comply with the principles of international human rights law

-engage with the United Nations in relation to Australian human rights violations

-engage internationally to promote human rights and the rule of law

what is the 'Australian Lawyers for Human Rights'

an association of legal professionals active in practising and promoting awareness of international human rights standards

how does the media protect human rights?

they expose human rights violations and offer an arena for different voices to be heard in public debate

what is 'the fourth estate'?

the media

what is 'the right to speech' in Australia?

-implied right

freedom of opinion and freedom of expression

what is freedom of opinion?

the right to communicate one's opinions and ideas without fear of government retaliation or censorship

-There are no exceptions to or restrictions on this right

what is freedom o expression?

-the right to express your opinion in any medium

-a human right under Article 19 of theUniversal Declaration of Human Rights

How is freedom of speech limited in Australia?

-Defamation Act 2005 (Qld)

-Anti-Discrimination Act 1991 (Qld) it is illegal to incite others to hatred, serious contempt or severe ridicule of a person or group because of their race, religion, sexuality or gender

-Criminal Code Act 1995 (Qld) restricts this right in relation to any comments urging force or violence

australia does not have freedom of speech but...

we have freedom of expression and opinion that is limited by laws to prevent discrimination

what is 'public assembly'?

an assembly held in a public place, whether or not it is held at a particular place or moving

How do you get authorisation for a public assembly?

For a public assembly to be authorised:

(a) a notice of intention to hold the assembly must have been given to the relevant authority; and

(b) the assembly is taken to have been approved. (section 7)

how is 'freedom from discrimination' protected in Australia?

-Racial Discrimination Act 1975 (Cth)

-Anti-Discrimination Act 1991 (Qld)

-Disability Discrimination Act 1992 (Cth)

Eatock v Bolt (2011)

The Federal Court upheld a complaint against columnist Andrew Bolt and the Herald & Weekly Times.

The complainant alleged the articles conveyed offensive messages about fair-skinned Aboriginal people, implying they were not genuinelyAboriginal and were pretending to beAboriginal in order to access benefits that are available to Aboriginal people. The Federal Court concluded the respondents had not acted reasonably and in good faith.

How is Freedom of Religion protected in Australia?

-s116 of the constitution:

prohibits federal parliament form enacting laws establishing any religion, imposing any religious observance or prohibiting the free exercise of religion, and prevents theCommonwealth from making religious tests a requirement for holding any public office

-Anti-Discrimination Act 1991 (Qld) which makes it illegal to discriminate against a person based on religious belief or activity

How is the right to trial by jury protected in Australia?

s80 of the Australian Constitution

ways for resolving human rights complaints in Australia:

-protesting and lobbying

-lodging informal complaints

-lodging formal complaint

what is a formal complaint?

lodging complaint to Queensland Human Rights Commission

what is an informal complaint?

lodging complaints directly to person or organisation

outcomes of lodging complaint to Queensland Human Rights Commission

-An apology by the person/people who accepted they breached the law

- Retraining for a person/people and organisational change

- Compensation for lost wages and for pain or suffering