Legal Studies EA - Topic 1

Human Rights

Basic entitlements and freedoms that belong to every person simply because they are human, regardless of nationality, sex, ethnicity, religion or any other status

Covenant

A formal, legally binding agreement between states, similar to a treaty, that commits signatories to specific obligations (e.g., ICCPR, ICESCR)

Treaty

A formal written agreement between two or more states or international organisations that creates binding obligations under international law

States (in international law)

Sovereign, independent political entities/countries recognised as having authority over a defined territory and population

Sovereignty

The supreme authority of a state to govern itself without external interference; full control over its own territory, laws and affairs

Covention

A formal agreement between states, often multilateral, that sets standards on a particular issue (used interchangeably with “treaty”)

Multilateral

Involving three or more parties/states (e.g., multilateral treaty is signed by many countries)

Bilateral

Involving only two parties/states (e.g., an agreement between two countries)

Ratification

The formal act by which a state confirms it will be legally bound by a treaty it has signed, usually through domestic parliamentary approval

Accession

The process by which a state becomes a party to treaty it did not originally sign or negotiate, agreeing to be bound by it after it has already come into force

Charter

A formal document that establishes an organisation and sets out its founding principles and rules (e.g., the United Nations Charter)

Bill of Rights

A formal document lisiting and protecting the fundamental rights and freedoms of individuals, usually within a country’s legal/constitutional system

Reservation (treaty law)

A statement made by a state when signing/ratifying a treaty that excludes or modifies the legal effect of certain provisions as they apply to that state

Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)

Australian legislation requiring new Bills to be accompanied by a statement of compatibility with human rights and establishing a Parliamentary Joint Committee on Human Rights

External Affairs Power (s51 (xxix) of the Constitution)

The Commonwealth Parliament’s constitutional power to make laws implementing Australia’s international treaty obligations domestically

Universal Declaration of Human RIghts (UDHR) 1948

A foundational (non-binding) UN document setting out fundamental human rights that all people are entitled to

International Covenant on Civil and Poltical Rights (ICCPR)

A binding UN treaty protecting rights such as freedom of speech, religion, assembly and the right to a fair trial

International Covenant on Economic, Social and Cultural Rights (ICESCR)

A binding UN treaty protecting rights such as the right to work, education, health and an adequate standard of living

Refugee Convention 1951/Protocol 1967

International treaties defining who is a refugee and setting out the rights of refugees and the legal obligations of states to protect them (including non-refoulement)

ICERD (1965)

Commits states to eliminate racial discrimination

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

Commits states to end discrimination against women and promote gender equality

CRPD (2006) - Convention on the Rights of Person with Disabilities

Protects the rights and dignity of people with disabilities

Convention Against Torture (CAT) 1984

International treaty prohibiting torture and other cruel, inhuman or degrading treatment or punishment

Convention of the Rights of the Child (CROC/CRC) 1989

International treaty setting out the civil, political, economic, social and cultural rights of children

Magna Carta (1215)

Historic English document that limited the power of the monarch and established early legal principles such as due process and the rule of law

Racial Discrimination Act 1975 (Cth)

Australian law making racial discrimination unlawful and implementing Australia’s obligations under ICERD

Sex Discrimination Act 1984 (Cth)

Australian law making discrimination on the basis of sex, martial status or pregnancy unlawful, implementing CEDAW

Disability Discrimination Act 1992 (Cth)

Australian law making discrimination against people with disabilities unlawful

Age Discrimination Act 2004 (Cth)

Australian law making discrimination on the basis of age unlawful

UN Charter Article 2.1

States that the UN is based on the principle of the sovereign equality of all its members

UN Charter Article 2.4

Prohibits UN member states from the threat or use of force against the territorial integrity or political independence of any state

UN Charter Article 2.7

Prohibits the UN from intervening in matters that are essentially within a state’s domestic jurisdiction

United Nations High Commissioner for Refugees (UNHCR)

UN agency responsible for protecting refugees, forcibly displaced people and stateless people worldwide