Human Rights – Comprehensive Revision Flashcards

80 question-and-answer flashcards covering definitions, historical milestones, treaties, institutions, Australian mechanisms, labour rights, modern slavery, and key cases to support exam preparation in Human Rights.

What does it mean that human rights are universal?

They apply to all people worldwide without exception.

Which two rights were mentioned as examples of universal human rights?

The right to life and freedom from torture.

In what circumstance can human rights be limited?

Only in specific situations such as imprisonment following due legal process.

Why are all categories of human rights (civil, political, economic, social, cultural) described as interdependent?

Because each set of rights relies on and reinforces the others in protecting human dignity.

What is the primary aim of human rights?

To protect individuals from injustice, help them reach their full potential, and prevent discrimination.

Which 1215 document first limited monarchical power and affirmed legal accountability?

The Magna Carta.

Name two key UK laws that advanced the abolition of slavery.

The Slave Trade Act 1807 and the Slavery Abolition Act 1833.

Why was the Universal Declaration of Human Rights (1948) drafted?

To prevent atrocities like the Holocaust and establish universal standards for human dignity.

What legal status does the UDHR have?

It is non-binding (soft law) but sets widely respected normative standards.

Which treaty first defined genocide as an international crime?

The Convention on the Prevention and Punishment of the Crime of Genocide (1948).

Who coined the term "genocide"?

Raphael Lemkin.

List one obligation of states under the Genocide Convention.

To prevent and punish genocide, including prosecuting perpetrators.

State one challenge noted about enforcing the Genocide Convention.

International responses remain inconsistent.

Define universal suffrage.

The right of all adults to vote regardless of gender, wealth, or status.

Which Australian Act first granted (most) women the vote at the federal level?

The Commonwealth Franchise Act 1902.

Which Act extended voting rights to Aboriginal and Torres Strait Islander people?

The Commonwealth Electoral Act 1962.

What voting system was introduced by the Commonwealth Electoral Act 1918?

Preferential voting.

Why is universal suffrage essential for human rights?

It ensures equal political participation and holds leaders accountable to all citizens.

Define trade unionism.

The collective organisation of workers to protect and advance their workplace interests.

Name two fundamental labour rights protected under Article 23 of the UDHR.

The right to work and just and favourable conditions of work.

Which early NSW law allowed compulsory industrial arbitration?

The NSW Industrial Arbitration Act 1901.

What federal Act established conciliation and arbitration for labour disputes?

The Commonwealth Conciliation and Arbitration Act 1904.

Give one reason union membership has declined in recent decades.

Challenges posed by globalisation and growth in temporary employment.

What are the two main binding treaties that together with the UDHR form the International Bill of Rights?

The ICCPR and the ICESCR.

Why are ICCPR rights sometimes called "negative rights"?

They generally require governments to refrain from certain actions, e.g., torture or slavery prohibitions.

What UN body hears individual complaints under the ICCPR?

The UN Human Rights Committee.

How do ICESCR rights differ from ICCPR rights?

ICESCR lists positive rights requiring active government provision (e.g., education, health).

Name one concern raised in the 4th Periodic Review of Australia (2009) under ICESCR.

High levels of homelessness.

What is the main function of UN human-rights treaty bodies?

To monitor states’ compliance with treaty obligations.

Give two ways the UN promotes human rights through treaty bodies.

Issuing recommendations and providing technical assistance to states.

State one advocacy function of NGOs.

Monitoring and reporting human-rights abuses to raise awareness and prompt action.

Mention one advantage of Amnesty International noted in the lecture.

Global presence that enhances influence and reach.

What is a common limitation faced by Human Rights Watch?

Government pushback that can limit effectiveness.

Which regional human-rights court is considered the oldest and most successful?

The European Court of Human Rights.

Why has the ASEAN Intergovernmental Commission on Human Rights been called a "toothless tiger"?

Because decisions require consensus and it will not hear individual cases, limiting enforcement.

List two ways media reporting promotes human rights.

Acting as a deterrent to abusive governments and triggering global public conscience.

Give one obstacle journalists face in reporting human-rights abuses.

Government censorship that restricts or bans coverage.

How can social media aid human-rights movements?

By enabling instant, uncensored reporting and mobilisation of protests.

Name one express right in the Australian Constitution.

Freedom of religion (s.116).

What 2011 federal Act requires every new Bill to carry a "Statement of Compatibility" with human-rights obligations?

The Human Rights (Parliamentary Scrutiny) Act 2011.

Define an implied constitutional right and give one example.

A right inferred by the High Court, e.g., freedom of political communication.

Which case recognised the implied freedom of political communication?

Australian Capital Television v Commonwealth (1992).

Why can the division of powers complicate human-rights protection in Australia?

Because responsibilities are split between Commonwealth and states, causing "buck-passing."

State one key Commonwealth statute protecting human rights against discrimination.

The Racial Discrimination Act 1975.

What High Court principle protects against unlawful detention?

Habeas corpus.

Why can common-law rights be fragile?

Parliament can override them due to parliamentary sovereignty.

List one role of the Australian Human Rights Commission (AHRC).

Investigating complaints of human-rights violations under federal law.

Name one argument FOR adopting an Australian Charter of Rights.

Current protections are fragmented across many statutes and cases, leading to gaps.

Name one argument AGAINST adopting an Australian Charter of Rights.

It could transfer too much power from elected parliament to unelected judges.

Provide a simple definition of human trafficking under the Palermo Protocol.

Recruitment, transport, or harbouring of persons by coercion or deception for exploitation.

Contrast human trafficking with people smuggling.

Trafficking exploits victims; smuggling is facilitating voluntary illegal border crossing.

How many people were estimated to be living in modern slavery in 2021?

About 50 million.

Which Australian law requires large businesses to report on modern-slavery risks?

The Modern Slavery Act 2018 (Cth).

What is a major weakness of Australia’s Modern Slavery Act?

It contains no penalties for non-compliance.

Under which Criminal Code divisions are slavery and trafficking offences criminalised in Australia?

Divisions 270 and 271 of the Criminal Code Act 1995 (Cth).

Give one difficulty in prosecuting human-trafficking cases in Australia.

Victim under-reporting and reluctance to cooperate.

Suggest one technology-based solution proposed for combating trafficking.

Using AI or blockchain to trace supply chains and detect trafficking patterns.

Who was Wei Tang?

A Melbourne brothel owner convicted of slavery offences.

Why is the Wei Tang case considered a legal milestone?

It was Australia’s first conviction for slavery under federal law and clarified that psychological coercion can constitute slavery.

How much "debt" were Wei Tang’s victims forced to repay through sexual services?

Approximately AU$45,000–$50,000 each.

What sentence did Wei Tang initially receive in 2006?

Ten years’ imprisonment.

Identify one way the Wei Tang decision influenced Australian policy.

It helped pave the way for the Modern Slavery Act 2018.

List two recommendations to improve future anti-trafficking efforts.

Stronger international cooperation and greater victim support services.

What does separation of powers aim to prevent?

The abuse of power by keeping judicial, executive, and legislative functions distinct.

Who can refuse Royal Assent to laws that breach constitutional rights?

The Governor-General.

Explain how the High Court "finds" implied rights.

By interpreting constitutional wording in cases brought before it.

Why might a Charter of Rights reduce "buck-passing" between federal and state governments?

It would provide a single, clear source of enforceable rights across all jurisdictions.

Which High Court case involved asylum seekers denied visas under s.501 and highlighted procedural-fairness issues?

NBNB v Minister for Immigration and Border Protection (2014).

What role do NGOs like the Human Rights Law Centre play domestically?

Providing legal support and advocacy in human-rights cases.

Give one example of media influence leading to policy change in Australia.

Four Corners exposé on Don Dale youth detention prompted a royal commission.

Why is the media sometimes unable to report human-rights issues?

Government censorship, restrictive laws, or ownership biases.

State one limitation of social-media reporting on rights abuses.

Potential bias and difficulty verifying accuracy.

What is the main financial incentive sustaining forced labour globally?

It generates around US$150 billion in annual profits.

Which UN body was described as facing non-compliance and underfunding in the Americas?

The Inter-American Commission on Human Rights.

Why has the African Court on Human and Peoples’ Rights been criticised?

Individuals and NGOs cannot bring cases unless the respondent state agrees.

What is a "Statement of Compatibility" in Australian law-making?

A document assessing whether a Bill aligns with Australia’s international human-rights obligations.

Explain the term "soft law" using the UDHR as an example.

Non-binding standards that influence behaviour without enforceable legal obligations.