Legal Studies U2 AOS 3 - Human Rights

Strengths and limitations of UDHR in the protection of human rights?

Strengths	Limitations
Forms the basis of human rights in all nations	Human rights have to be ratified by the nation itself through international treaties
Applies to everyone and universal (Translated into 337 languages)	Not directly enforceable, not necessarily legally binding
Broad range of rights	Acts more as a framework or recommendation
Promotes awareness and education about human rights and equality	Some rights are not equally protected worldwide because of poverty or corruption
Acted as a starting point for several other international treaties (e.g. Convention on the Rights of a Child)	Sometimes restrictions on human rights are still needed (e.g. lockdowns) and UDHR cannot do anything about that
Holds nations accountable by providing a framework for what's right and wrong	Since it is not a treaty, individual countries are not obligated to ratify it. It's up to individual countries to create laws to reflect these human rights
Sets limitations and expectations on right and wrong

Human rights

A set of moral and legal guidelines that promote and protect our values, our identity and ability to ensure an adequate standard of living.

They uphold the dignity of all human beings.

They maintain social cohesion.

International treaty

Legally binding agreement b/w countries or organisations, in which they undertake to follow obligations governed by international law.

They define the relationship between countries or international organisations and how to treat citizens, not usually for conduct of citizens.

Domestic law

Law that outlines the conduct of citizens.

Signatory

Countries that sign an international treaty.

Ratification

Confirmation by a nation’s parliament of its approval of an international treaty signed by its government. The parliament expressly passes legislation that requires it by law to adopt the various rights and responsibilities set out in the treaty.

International declaration

Non-binding agreement of ‘aspirations’ between countries in agreement.

Universal Declaration of Human Rights (UDHR)

An international document that outlines basic rights and fundamental freedoms to which all humans are entitled.

In which year was the UDHR created?

1948

United Nations (UN)

A major international organisation established after the Second World War to maintain international peace, security and cooperation among nations.

Australian Constitution

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

Commonwealth of Australia Constitution Act

Statute law

Law made by parliament (Acts of Parliament or legislation)

Common law

Law made by judges through decisions made in cases (case law or judge-made law)

Political rights

Protect individual participation in the establishment and administration of government and freedom from infringement of governments, social organisations, and private individuals (e.g. right to vote).

Economic rights

Ensure minimum social and economic well-being for all individuals, enabling them to live with dignity and participate in society (e.g. right to adequate food, water and housing).

Social rights

Everyone has the right to a dignified way of living, ensuring necessities such as food, housing, healthcare, education and social security (e.g. the right to a basic income).