legal studies AOS 4

human rights

basic freedoms, standards or entitlements that promote and uphold dignity of all people

the development of human rights

human rights have been deveopled over time what are now considerd to be universal human rights have not necessarily always been human rights avalible to all

the Universal declaration of human rights

an international document that outlines basic rights and fundamental freedoms to which all human beings are entitled

how human rights are protected in Australia 

an example of how human rights are protected is like how the right to privacy is protected through the freedom of information act 1982 (Cth) and the privacy and data protection act 2014 (vic)

rights protected by statue law

the right to privacy as acts regulate the use storage and disclosure of private information by the government and by private organizations like how the freedom information act 1982 (Vic) protects its

Victorian charter of human rights and responsibilities

among the 20 rights protected by the human rights charter are rights that help ensure our legal system achieves justice. e.g the huma rights charter protects the right to a fair trial

how the Victorian charter of human rights protects the right to fair hearing

the right is protected through the grantee of a civil matter being heard by a competent, independent and impartial court or tribunal

strengths of the Victorian charter of human rights 

parliament can create new legislation and amend existing statues to incorporate further human rights, particularly as the views and values of the community change

human rights contained in statues are generally enforceable through the courts 

the VCHRR requires Victorian parliament, state and local government departments such a the police comply with it 

weaknesses of the Victorian charter of human rights 

parliament also has the ability to cancel (repeal) and amend (change) statues to restrict or cancel existing human rights 

in order to uphold a breach of a right protected through statue law the courts it can be expensive and time consuming 

the VCHRR does not establish the right for Victorians to bring a case against parliament for creating a law that breaches the rights of the charter 

strengths of the vic charter and statue law 

parliament can create new legislation and amend existing statues to incorporate more human rights 

human rights contained statues are generally enforceable through the courts 

weaknesses of the vic charter and statue law

parliament also has the ability to cancel and amend statues to restrict human rights

in order to uphold a right protected by statue law you must go to courts which is expensive and time consuming

common law protects the right to:

through the courts recognising and upholding human rights contained in statue law