Human Rights: y12 legal studies

Human Rights

rights that all human beings are entitled to because of their humanity, these transcend culture, ethnicity, religious orientation and nationality

History of Human Rights

The Magna Carta - 1215, The Rights of Man - 1791, Universal Declaration of Human Rights (UDHR) - 1948, International Bill of Rights - 1948

Core principles of human rights

human dignity, equality, non-discrimination, universality, interdependency, indivisibility, inalienably, responsibilities

Main human rights movements

abolition of slavery, trade unionism and labour rights, universal suffrage, universal education, self-determination, environmental rights, peace rights

Slavery

forced labour in which a person is considered to be the property of another person

Abolition movement

worldwide political movement to abolish slavery

Human trafficking

the commercial trade or trafficking of humans for the purpose of some sort of slavery (sex, forced labour)

Industrial revolution

the rapid development of industry in the 18th and 19th centuries, characterised by changes in manufacturing, agriculture and transportation

International labour organisation (ILO)

an international agency of the UN, created with the aim of improving conditions for workers around the world

Suffrage

the legal right to vote in a democratic election

Suffragette

a supporter of women’s right to vote

Collective right

a right to belonging to a group or a people, as opposed to an individual right

Self-determination

that people of a territory or national grouping have the right to determine their own political status and how it will be governed without undue influence from another country

Universal Declaration of Human Rights 1948

the most fundamental document on human rights which outlines the minimal conditions of dignified life

International Bill of Rights

a key set of international treaties that outline the basic human rights and freedoms, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

International Covenant on Civil and Political Rights (ICCPR)

a multilateral treaty adopted by the UN of 16th December 1966 and in force from 1976 which contains monitoring arrangements to member states accountable (it is in Australian domestic law)

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

a multilateral treaty adopted by the UN which creates an obligation on states to work toward granting such rights to individuals

Role of the UN

standard-setting, monitoring, implementation on the ground

United Nations Security Council

deals with maintenance of international peace and security which exercises power through making binding resolutions, and can authorise military action, sanctions or peacekeeping

The Office of the UN High Commission on Human Rights (OHCHR)

established in 1993 and works to promote human rights contained in the UDHR which promotes universal ratification and implementation of human rights treaties and supports Human Rights Council and the Human Rights Committee

UN General Assembly

main forum for discussion about HR between states

UN Human Rights Council:

reports to the General Assembly (established in 2006), has 47 members and they may be suspended, yet criticised for prioritising political interest over human rights

Effectiveness of UN and HR

the international bill of rights have increased the promotion of HR across the world, the ICCPR and ICESCR are binding and enforceable, environmental rights have been introduced through the UN, election monitoring enables free elections

Limitations of UN and HR

many nations ignore HRs, the ICCPR and ICESCR have been derailed by state sovereignty, environmental treaties have not been binding, UN measures are generally weak, soft law fails

Commonwealth of Nations (The Commonwealth)

54 member states of Britain’s former colonies, aim to promote democracy, the rule of law and human rights

Council of Europe

IGO that is focused on promoting democracy, the rule of law and human rights in Europe, 47 member states, enforced through the commissioner of human rights

European Court of Human Rights (ECHR)

established in 1959 and part of the Council of Europe which considers cases from individuals and states against any country bound by the ECHR

International Criminal Tribunal for Former Yugoslavia

attempted to address HR abuses in the past with 161 persons indicted for crimes such as crimes against humanity

Human Rights Committee

assesses member state compliance with the ICCPR where citizens will hear a complaint brought against a state and make rulings on compliance

International Treaties

signing of a treaty means that the country is not bound but must act in the spirit of the treaty, where ratifying the treaty means that the country formally approves it and puts it into domestic law

Australian constitution

lays down the system of Australian government through which HR are recognised including the separation and division of powers and becomes the source of some specific human rights including express and implied rights

Expressed rights

written in the constitution i.e. freedom of religious, right to vote, right to trial by jury in federal indictable case

Implied rights

implied based on text i.e. freedom of press

Separation of powers

operates in 3 branches; legislature, executive, judiciary

Division of powers

exclusive powers and residual powers (federal and state)

External affairs power

power of the Commonwealth to legislate external affairs including Australia’s treaty obligations

Charter of rights

a set of written rights that guarantee people are free from abuse of power by those in authority: sets out explicitly right of each citizen and legally binding

For charter of rights

would protect minority groups, common law is too slow, improves Australian standards on an international level, holistic approach, right would be universally known, the constitution’s implied rights are too vague, could protect citizens from government making laws that interfere with HR

Against charter of rights

HR are adequately protected through international agreements, common law and statute law, enables judges to strick down laws made by parliament that are inconsistent with charter of rights may be considered undemocratic, rights may become outdated, major economic cost, difficult to change if society’s values change