Unit 4: Human Rights - Topic 1: Human Rights

Human Rights

• Fundamental freedoms and protections that every indvidual is entitled to.

• They are universal, inalienable and indivisible. Types of rights include negative, positive, legal and collective.

Negative Rights

• The protection from government/others (freedom to …. freedom from).

Positive Rights

• Something that is owed to someone.

Legal Rights

• A right which is explicitly protected by law.

Collective Rights

• Rights which apply to a group of people.

Covenant

• A legally binding promise or agreement that require states to uphold certain human rights.

• e.g., ICCPR - to respect various civil and political rights

Treaty

• A legally binding written agreement between sovereign states that is governned by international law.

States

• An organised political community living under one government.

Sovereignty

• Supreme, independent authority & power of a state to govern itself.

Convention

• A formal international agreement that lays down standards or rules for how states should handle certain issues.

Multilateral

• A legally binding international agreement between three or more states.

Bilateral

• A legally binding international agreement between two states.

Ratification

• The official formal approval of an agreement which shows its consent to be legally bound by a treaty.

Acccession

• A state accepts an invitation to a treaty that it did not sign while the treaty was open for signature.

Reservation

• A formal statement by a state that excludes or changes the legal effect of a specific part of a treaty for that state.

Charter

• Formal official document that outlines principles and goals.

Bill of Rights

• Formal legal document that lists the fundamental rights and freedoms guaranteed to citizens.

Universal Declaration of Human Rights (UDHR) 1948

Origin:
A response to atrocities of WWII and holocaust.

Purpose:
Establish a standard of basic rights for all people.

Principles:
Establish that all people everywhere hold fundemental rights.

Rights Protected:

• All human be

International Covenant on Civil & Political Rights (ICCPR) 1966

Origin:
As a binding treaty to turn the non-binding UDHR into international law.

Purpose:
To commit ratifying countries to protect and respect individuals civil & political freedoms.

Principles:

The legal protection and promotion of fundamental freedoms of all human beings.

Rights Protected:

International Covenant on Economic, Social & Cultural Rights (ICESCR) 1966

Purpose:
To protect rights related to work, living standards, health, education and social welfare.

Principles:
Working towards achieving rights over time rather than all at once.

Rights Protected:

Convention Relating to the Status of Refugees 1951

Origin:
Established in 1951.

Purpose:
Establish framework that defines a refugee (specifies who do not qualify for refugee status such as war criminals) and the standard treatment by host nations.

Principles:
Is non-refoulement, which asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom.

Rights Protected:

• Right to housing, work and education while displaced so they can lead an independent life.

Protocol Relating to the Status of Refugees 1967

Origin:
Entered into force in 1967.

Purpose:
To remove the time and place limits to expand it universally and protect all people.

Principles:
Same as 1951 convention.

Rights Protected:

Non-Refoulement

• Prohibits countries from returning a refugee to a place where they face serious threats to life or freedom

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965

Origin:
Adopted in 1965, entered into force in 1969.

Purpose:
The foundation of efforts to eliminate racial discrimation globally.

Principles:
It defines racial discrimination and works to eradicate racial discrimination globally.

Rights Protected:

• Fundamental rights without distinction as to race, colour, or ethnic origin.

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

Origin:
Adopted in 1979, entered into force in 1981.

Purpose:
To end discrimination against women and ensure they have equal rights with men in all areas of life.

Principles:

To ensure the full development and advancement of women.

Rights Protected:

• Right to political participation

• Right to health

• Right to education

• Right to employment

• Right to equality before the law

Convention on the rights of Persons with Disabilities (CRPD) 2006

Origin:
Adopted in 2006.

Purpose:
To promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities.

Principles:
Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity.

Rights Protected:

• Non-discrimination

• Equality of oppurtunity and accesibility

• Full inclusion in society

• Gender equality

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984

Origin:
Adopted in 1984.

Purpose:
To comabt and prohibit torture and other acts of cruel, inhuman, or degrading treatment or punishment.

Principle:
The absolute prohibition of torture and other cruel, inhumane or degrading treatment or punishment.

Rights Protected:

• Right to complain

• Right to protection

• Right to compensation

Convention on the Rights of the Child 1989

Origin:
Adopted in 1989, entered force in 1990.

Purpose:
Recognise and protect the rights of every human under the age of 18.

Principles:
The civil, political, economic, social, health, and cultural rights of every child.

Rights Protected:

• Non-discrimination

• Best interests of the child

• Right to life, survival and development.

• Right to express their opinions

Treaty Obligations → Domestic Law

• International treaties do not automatically become domestic law and must be explicitly incorporated through national legislation to be enforceable.

• Signing or ratifying a treaty creates international commitment, but does not change domestic laws on its own.

Human Rights (Parliamentary Scrutiny) Act 2011

What is it?
Law that improves how the federal parliament checks new laws for human rights issues.

What does it do?
Requires all new bills and legislatives to be checked for compatibility with international human rights.

Who checks it?
Parliamentary Joint Committee on Human Rights (PJCHR)

Parliament makes laws → Statement of Compatibility → PJCHR scrutinises human-rights compatibility → Parliament considers the information

UN Charter Article 2.1

• “The Organization is based on the principle of the sovereign equality of all its Members.”

• Every member state of the UN holds equal legal standing regardless of power or wealth.

• Nations have right to self-determination.

UN Charter Article 2.4

• Prohibits member states from threatening or using military force against the territorial integrity or political independence of any state.

UN Charter Article 2.7

• Forbids the UN from interfering in matters that fall essentially within the domestic jurisdiction of any country.

UN & its Agencies

1. UN

• An international organisation made up of states that works to promote international peace, security, cooperation and human rights.

2. UN Agencies

• UN agencies help implement and support international human-rights protections in specific areas.

3. UNHCR

• United Nations High Commissioner for Refugees

• Protect refugees and displaced people.

The role of the UN in protecting human rights

• UN promotes international human-rights standards and supports mechanisms for monitoring and protecting human rights.

What is UNHCR

• A UN organisation responsible for protecting and supporting refugees and displaced people and promoting their rights under international refugee law.

Magna Carta 1215

• Established the ‘Rule of Law’ - no one is above the law.

Racial Discrimination Act 1975

• Makes racial discrimination and racial hatred unlawful.

• Protects traits (race, colour, ethnic, immigrant status etc).

• Handled by AHRC

S3x Discrimination Act 1984

• Makes discrimination and sexual harrassment illgeal.

• Protects people from unfair treatment based on sex, sexual orientation, gender identity, martial status, pregnancy, even family responsibilities.

Disability Discrimination Act 1992

• Makes it illegal to treat people unfairly because of a disability.

• Stops unfair treatment in parts of life including employment, education, services etc.

Age Discrimination Act 2004

• Makes it illegal to treat people unfairly because of their age.

• Protects people in employment, education, accomodation or services.

What are express rights?

• Rights explicitly protected in Australian Constitution.

• s 116 - freedom of religion

• s 80 - trial by jury

• s 92 - freedom of interstate trade

• sn117 - freedom from dsicrimination based on state residence

What are implied rights?

• Rights recognised by the High Court as being implied by the Constitution.

• e.g., Implied freedom of political communication

Section 51 (xxix) - External Affairs Power

• Gives Commonwealth Parliament power to make laws concerning Australia’s external affairs, including implementing international treaty obligations.

How can s 51 protect human rights?

• Allows Commonwealth to implement Australia's international treaty obligations into Australian domestic law.

• International human-rights standards can influence Australian legislation.

Aus. signs/ ratifies an international treaty → Commonwealth uses s 51 (xxix) → Parliament can make domestic legislation implementing treaty → International human-rights obligations influence Australian law