13.1 Human Rights Meaning and Development

human rights

basic freedom or standard that promote and uphold the dignity of all people, and are guaranteed by a moral sense of duty by the law 

intergenerational trauma

a psychological response to highly distressing or oppresive historical events which is passed onto future generations

multiculturalism

the idea that people with distinct cultures and ethnicity can coexist peacefully and equitable in a single country

international treaty

a legally binding agreement between countries or intergovernmental organisations, they undertake to follow the obligations set out in the agreement and include them in their own local laws

ratify (ratification)

confirmation by a nation’s parliament of its approval of an international treaty signed by its government

parliament expressly passes legislation that requires it by law to adopt the various rights and responsibilities set out in the treaty

international declaration

a non-binding agreement between countries that sets out aspirations (i.e. hopes) of the parties to the agreement

United Nations (UN)

a major international organisation established after World War 2 to maintain international peace, security and cooperation among nations

Universal Declaration of Human Rights

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

Australian Constitution

a set of rules and principles that guide the way Australia is governed 

development in the nature of human rights

what are now considered universal human rights have not necessarily always been human rights

UDHR adoption

general assembly of the UN in 1948

accepted by 192 member states

some rights in the UDHR

• all people are born free and equal in dignity and rights

• everyone is entitled to the same rights and freedoms without discrimination of any kind

• everyone has the right to life, liberty and security of person

• no one should be subject to slavery, torture, or cruel or degrading treatment or punishment 

• everyone is equal before the law 

• no one should be subject to randomly being arrested, detained or exiled 

• everyone charged with a criminal offence has the right to be presumed innocent until proven guilty

• everyone is entitled to a fair and public hearing  

how are human rights protected in australia 

• statute law 

• common law

• constitution

wider application of the UDHR

• inspired the creation of more than 80 international treaties, declarations, and agreements

• principles contained in the declaration have also been incorporated into the national (domestic) laws of most countries