QCE Legal Studies Unit 4

Human rights

Rights inherent to all individuals

Covenants

Binding agreements between states in international law

Treaties

Formal agreements between sovereign states or international organisations

States

Independent political entities with defined territorial boundaries and governance

Sovereignty

The authority of a state to govern itself without external interference

Signatory treaty

A treaty that a state has signed but not necessarily ratified

Convention

A type of treaty focused on a specific legal matter or issue

Multilateral

A treaty or agreement involving three or more states

Bilateral

A treaty or agreement involving two states

Ratification

The formal approval of a treaty by a state

Bill of Rights

A formal declaration of the fundamental rights of citizens

Royal Commission

A major formal public inquiry into a specific issue

Universal Declaration of Human Rights (UDHR)

A non-binding declaration that outlines basic rights and freedoms

International Covenant on Civil and Political Rights (ICCPR)

A binding treaty that protects civil and political rights

International Covenant on Economic Social and Cultural Rights (ICESCR)

It ensures the enjoyment of economic, social and cultural rights, including the rights to: education. fair and just conditions of work. an adequate standard of living.

Convention Relating to the Status of Refugees 1951

Defines the rights of refugees and the obligations of states

Protocol Relating to the Status of Refugees 1967

Expands the scope of the 1951 Refugee Convention

International Convention on the Elimination of All Forms of Racial Discrimination 1966 (ICERD)

Prohibits racial discrimination and mandates equal rights

Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW)

Aims to eliminate discrimination against women

Convention on the Rights of the Child 1991

Protects the rights of children worldwide

Accession

The process of a state agreeing to be bound by a treaty it did not sign

Ratification

The approval of a treaty by the domestic legal system

Reservations

Statements that modify or exclude certain provisions of a treaty for a signatory

Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)

Requires the review of all new Australian legislation for compliance with human rights

Sovereignty

The authority of a state to govern its affairs

Equality

States have equal rights and obligations in international law

Political independence

States are free from external control over their political affairs

Territorial integrity

The right of a state to its physical territory

United Nations High Commissioner for Refugees (UNHCR)

Protects and supports refugees and displaced individuals

UN Agencies

Organisations that promote and enforce international law and human rights

Magna Carta 1215

An early English document that laid the foundation for legal rights

Racial Discrimination Act 1975 (Cth)

Prohibits racial discrimination in Australia

Sex Discrimination Act 1984 (Cth)

Prohibits gender-based discrimination in Australia

Disability Discrimination Act 1992 (Cth)

Protects individuals with disabilities from discrimination

Foreign affairs power (s 51)

Gives the Commonwealth power to enter into international treaties

Express rights

Specific rights explicitly protected by the Constitution

Implied rights

Rights inferred from the Constitution

United Nations Special Rapporteurs

Independent experts who investigate and report on human rights

Inter-State complaints

A mechanism for states to raise issues about human rights violations in other states

Ancillary bodies

Organisations that support the protection and monitoring of human rights

Individuals

People who can report human rights violations and seek redress

International Court of Justice (ICJ)

Settles disputes between states in accordance with international law

International Criminal Court (ICC)

Prosecutes individuals for war crimes

Universal Declaration of Human Rights 1948

A foundational human rights document that promotes global rights

Protocol Relating to the Status of Refugees 1967

Provides protection for refugees globally

Hague Convention on the Civil Aspects of International Child Abduction 1980

Protects children from international abduction

United Nations Declaration on the Rights of Indigenous Peoples 2006

Outlines the rights of Indigenous peoples

Geneva Conventions 1949

Establish rules for the humane treatment of individuals in war

Right to free speech

The right to express opinions without censorship

Right to protest and freedom of assembly

The right to gather and demonstrate publicly

Freedom from discrimination

Protection against unfair treatment based on personal characteristics

Right to democratic representation

The right to participate in the political process

Freedom of religion

The right to practice any religion or no religion

Right to trial by jury

The right to a fair trial with peers determining guilt

Protesting

Public demonstration to express opposition or support for an issue

Lobbying

Advocacy to influence legislation or government decisions

Lodging complaints

Filing formal complaints with authorities or courts

Tribunal/court actions

Legal processes for resolving disputes and protecting rights

Australian Human Rights Commission

Protects and promotes human rights in Australia

Australian Law Reform Commission

Reviews and recommends reforms to Australian law

Queensland Council for Civil Liberties

Advocates for civil rights and liberties in Queensland

Australian Human Rights Centre

Researches and promotes human rights

Australian Lawyers for Human Rights

Provides legal support and advocacy for human rights

Amnesty International

A global organisation advocating for human rights

Church groups

Religious organisations that advocate for social justice

International Federation of Red Cross and Red Crescent Societies (IFRC)

Provides humanitarian support

Universal Declaration of Human Rights 1948

Sets universal human rights standards

Convention Relating to the Status of Refugees 1951

Protects refugees' rights globally

Hague Abduction Convention 1980

Protects children from cross-border abduction

United Nations Declaration on the Rights of Indigenous Peoples 2006

Promotes Indigenous rights globally

Geneva Conventions 1949

Sets humanitarian standards during armed conflicts

International Court of Justice (ICJ)

Resolves disputes between states under international law

International Criminal Court (ICC)

Prosecutes individuals for crimes against humanity

Right to free speech

Allows Australians to express opinions freely

Freedom from discrimination

Protects Australians from unequal treatment

Right to trial by jury

Ensures fair trials with jury involvement

Australian Human Rights Commission

Monitors human rights compliance in Australia

Amnesty International

International organisation campaigning for human right