Human Rights Law Flashcards

The UN Charter (1945), Article 1(2)

lists respect for the "self-determination of peoples" as a founding purpose of the UN.

UDHR — Universal Declaration of Human Rights (1948)

 not a binding treaty. Its 30 articles span both civil/political and economic/social/cultural rights,  many of its provisions are now considered part of customary international law, and it forms the foundation the ICCPR and ICESCR were built on.

ICCPR — International Covenant on Civil and Political Rights (1966, in force 1976)

A binding treaty covering civil and political rights.States must respect and ensure these rights immediately upon ratifying — there's no "progressive realisation" excuse. It's monitored by the UN Human Rights Committee through periodic state reports, and its Optional Protocol allows individuals to bring complaints directly

ICESCR — International Covenant on Economic, Social and Cultural Rights (1966, in force 1976)

A binding treaty covering economic, social, and cultural rights. . Its key legal feature is the "progressive realisation" clause: economic, social and cultural rights are subject to progressive realisation using the maximum available resources, but states still have immediate obligations, including non-discrimination.

South Sudan

gained independence from Sudan in 2011 after decades of civil war, but has been in its own civil war since 2013, marked by ethnic violence, mass displacement and allegations of war crimes by multiple armed groups. A weak, contested central government means there often isn't a functioning state authority capable of enforcing international human rights standards, even where the government nominally agrees to them.

Myanmar

the military (Tatmadaw) seized power in a coup in February 2021, overthrowing the elected government led by Aung San Suu Kyi. The military has used lethal force against pro-democracy protesters and has been accused by the UN of genocide and crimes against humanity against the Rohingya minority, particularly since 2017. The military junta rejects international jurisdiction on sovereignty grounds and restricts UN and NGO access

UN Human Rights Council

 established in 2006, it has 47 member states elected by the General Assembly, and conducts the Universal Periodic Review (UPR) —  It can appoint special rapporteurs and commissions of inquiry into specific issues or countries, but it can only make recommendations — it has no power to legally enforce compliance.

UN Human Rights Committee

a separate treaty-monitoring body established under the ICCPR specifically to oversee that treaty. It reviews periodic reports from states and, where a state has ratified the Optional Protocol, can hear individual complaints from citizens

Toonen v Australia (1994)

Nicholas Toonen successfully argued that Tasmania's criminal laws against consensual homosexual acts breached the ICCPR's rights to privacy and non-discrimination. The Committee's response (a "View") led directly to the Commonwealth's Human Rights (Sexual Conduct) Act 1994, overriding Tasmanian law

 Anti-Discrimination Act 1977 (NSW)

established the NSW Anti-Discrimination Board and prohibits discrimination on grounds including race, sex and disability across areas like employment and education within NSW.

Public Interest Disclosure Act 2022 (NSW)

protects NSW public sector employees who report corrupt conduct, maladministration or serious wrongdoing from workplace reprisals — the current NSW whistleblower protection law.

Australian Human Rights Commission Act 1986

established the Human Rights and Equal Opportunity Commission (now the AHRC), giving it functions to investigate and conciliate complaints and promote awareness of human rights nationally.

Racial Discrimination Act 1975

 gives domestic effect to Australia's obligations under ICERD into domestic law by prohibiting racial discrimination; significant because it overrides inconsistent state laws

Modern Slavery Act 2018 (Cth)

requires large businesses (annual revenue over $100 million) to report annually on modern slavery risks in their operations and supply chains, and what they're doing to address them.

Sex Discrimination Act 1984

prohibits discrimination on the basis of sex, sexual orientation, gender identity, marital status and pregnancy, and makes sexual harassment unlawful.

Mabo v Queensland (No 2) (1992)

Brought by Eddie Mabo and other Meriam people from the Torres Strait, challenging Queensland's claim that Murray Island (Mer) was simply Crown land. The High Court held 6:1 that native title had existed prior to European colonisation and could survive if it where not validly extinguished, rejecting the legal fiction of terra nullius

Dietrich v The Queen (1992)

Olaf Dietrich was tried for drug importation without legal representation, having been refused legal aid and unable to afford a lawyer himself. The High Court held that while Australian law does not guarantee an absolute right to a lawyer, an accused person tried for a serious offence without representation — through no fault of their own — may not receive a fair trial, and courts have the power to grant an adjournment or stay proceedings until representation is available

   ADB (NSW Anti-Discrimination Board)

receives and investigates discrimination complaints under the NSW Anti-Discrimination Act and attempts conciliation before matters proceed to NCAT.