UNIT 2 AOS 3

KK 1,2,3

Define human rights

Basic freedoms or standards that promote and uphold the dignity of people are guaranteed by a moral sense of duty or by the law

Human rights are…..

• Universal - they are applicable to all

• Indivisible - all rights are equally important

• Inalienable - they cannot be taken away

• Inherent - they are permanent

Define the Universal Declaration of Human Rights

An international document that outline basic rights and fundamental freedoms to which all human beings are entitled, the declaration was adopted by the General Assembly of United Nations 1948

What is the United Nations?

A major international organisation established after WW2 to maintain international peace, security and cooperation among nations

What is international treaty?

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

What are some of the rights from UDHR?

• Everyone is entitled to a fair and public hearing

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

Human rights protected in Aus: Statue law

Protecting human rights through statue law involves laws passed by parliament that safeguard individual rights and freedoms 

Examples of human rights that are protected by statue law legislation

• The right to privacy (Privacy Act 1988 (Cth)

• The right to vote (Electoral Act 2022 (Vic)

Strengths and limitations of human rights that are protected by statue law legislation

• Strengths - the law is supported by the majority of citizens

• Weaknesses - ability of parliament to change laws means they can change and take away additional rights 

(STATUE LAW) Define Victorian Charter of Human Rights and Responsibilities Act 

A document that sets out the basic human rights and freedoms of the citizens in particular start of country 

Define democracy

A system of government in which members of parliament are elected by the people to represent the views and values of the people and to make laws on their behalf 

What are the restrictions of human rights ?

Public interest v individual rights - if their is conflict between the rights of individuals and the needs of the broader community 

Freedom on expression - the right can be restricted to prevent slander or defamation 

Strengths and limitations of human rights that are protected by VCHRR legislation

• Strength - ability to pass laws quickly if there is a need to promptly protect additional human rights 

• Limitations - do not always enable a person to be awarded any damaged if their human tights are breached 

Human rights protected in Aus: Common law

Law that has been established and developed over the years through decisions made by judges in state and fed

The ways that common law protects human rights….

• through the courts establishing new human rights

• though the courts recognising and upholding human rights contained in statue law 

• through the courts determining the validity of human rights legislation 

What does Ultra Vires mean?

A latin term meaning ‘beyond the powers’ a law made beyond the powers of the parliament

What does it mean if a court decision has ben codified ?

to collect all law on one topic together into a single statue

What does it mean if a court decision has ben abrogated ?

to abolish or cancel a law

Strengths and limitations of human rights that are protected by common law legislation

STRENGTHS : free from political pressures

LIMITATIONS : courts are often reluctant to recognise certain human rights

Human rights protected in Aus: the Australian Constitution 

The main rulebook for how Australia is run and it sets up the Parliament, government leader and courts to make, enforce and interpret laws

What are express rights?

Rights that are stated in Australian Constitution

What is a referendum?

The method used for changing the wording of the Aus Constitution, which requires a proposal to be approved by the Aus people in a public vote by a double majority (yes from at least 4 states) 

What are implied rights?

Rights that are not expressively stated in the Australian Constitution but are considered to exist through interpretation by the Hight Court 

What does freedom of political communications mean?

The right of the Aus people to freely discuss and debate political issues subject to certain restrictions 

The ways that Aus constitution enforces human rights….

• amend the legislation to remove the unconstitutional provisions

• attempt to change the constitution by holding a referendum 

Strengths and limitations of human rights that are protected by Aus consititution legislation

STRENGTH : can keep pace with changed in community values and remain relevant over time

LIMITATION : its expensive and time consuming to take a case to the high court

What is the right to vote?

The freedom or ability of the people to choose their leaders or representative in an electio

How does the UDHR recognise the right to vote?

• the right of all people to take part in the government of their country 

• the will of the people shall be ‘basis of the authority of government’ and that people will have the opportunity to express these wishes through the right to vote 

The right to vote: applying to statue law

Human Right Charter section 18 guarantees the right to Victorians to take part in public life

The right to vote: applying to common law

The High Court has clarified the meaning of sections 7 and 24 which restricted the ability of the Commonwealth Parliament to unreasonably deny Aus citizens the right to vote 

The right to vote: applying to Aus constitution 

Section 2 and 24 require Commonwealth Parliament to be directly chosen by the people

Possible reforms or conflicting attitudes?

• changing the voting age from 18 to 16

• allowing all prisoners to vote