Legal Studies - Yr12 - Human Rights

What is the definition of human rights?

the basic rights and freedoms that are believed to belong to all people. They are a collection of fundamental standards for the treatment of individuals in a fair, just and free society.

What are the three features of human rights?

Inherent, inalienable and universal

What is the aim of human rights?

To protect individuals from injustice, allow people to achieve their full potential and prevent discrimination

What is an individual right? Provide example.

They are possessed by all people in their own right e.g. the right to vote

What is a collective right? Provide example.

They belong to a distinct group of people and are exercised on behalf of that community e.g. self-determination, peace

What is slavery? What is two key events of slavery?

Slavery is a type of forced labor where a person is considered the legal property of another.

The UDHR Art4 abolished slavery.

In 1981, Mauritanian was the last state to abolish slavery

What is a trade union and what is one key event?

An organisation of workers to preserve and further their rights. The creation of the Australian labor party.

What is universal suffrage?

the rights of all citizens to vote in political elections

What is democracy?

The means of government based on the will of the people and expressed through periodic elections.

What is self-determination?

Self-determination is a group of people having the right to determine their own political status without undue influence from other nations.

What three documents make up the International Bill of Rights?

UDHR, ICCPR, ICESCR

What is the largest factor to international law enforcing human rights?

State sovereignty

What are the 5 factors to recognising a state?

Permanent population, defined territory, a system of government, a capacity to enter into international relations and recognised by a number of other states

What are the 3 main organs of the United Nations?

UNGA - main forum of international discussions, declarations and recommendations

UNSC - preserves peace and security and is the main administrative body of the UN

ICJ - primary judicial UN organ that can settle international disputes submitted by member states and advise of matters of law

What is the United Nations Human Rights Council (UNHRC)?

a forum of member states that makes recommendations on human rights for all member states. Still too early to judge its success.

What is UN intervention and what Art is this restricted under?

Used to put an end to serious human rights abuses. Restricted under art2(7) of the UN Charter. Exception is the UN can intervene without a states consent

What is the International Court of Justice?

A judicial branch of the United Nations;

Bases for decision: international conventions, international customs, general principles of law, and judicial decisions

What is the International Criminal Court?

is an intergovernmental organisation and tribunal that has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes.

What does the Human Rights Committee do?

Hears complaints about human rights abuses. Is not enforceable but highly influential. They also provide periodic reviews of countries efforts to stop human rights violations

What do NGOs do to protect human rights?

collaborate with other organisations and governments to protect rights, often use the 'name and shame' technique

What does the media do to enforce and protect international human rights and what is the problem with this in countries where there are severe human rights abuses?

They 'name and shame' to expose and help bring about change. In those countries, the big restrictions on media prevents opinions and exposure.

is there a document where ALL Australian human rights can be found

No

What 3 documents are Australia's human rights drawn from?

The Constitution, common law and statute law

What is a monoists process?

When they sign and ratify a treaty it automatically becomes part of their legal system e.g. France

What is a dualists process?

When they sign and ratify a treaty, they must also pass legislation that echos the words of the treaty or amends existing laws e.g. Australia

What is the 3 stage treaty process in Australia?

1) Signature

2) Ratification

3) Accession/Implementation

What are express rights? Provide example.

Explicit in the Constitution e.g. Freedom of religion (s116), right to vote, right to a trial by jury

What are implied rights? Provide example.

The High Court has interpreted them as necessary in order for the Constitution to function effectively e.g. right to freedom of political communication

Where are most of Australian human rights found?

Common and statute law

What is the Australian Human Rights Commission?

It is the most significant human right body in Australia, deals mostly with discrimination claims but also reports human rights. They attempt to conciliate the complaint but if they cannot it is referred to the Federal Court to make an enforceable order

How does the High Court of Australia protect human rights?

Has the judicial power to be influences by international standards and to declare legislation inconsistent with the Constitution makes it the most important protector of human rights in Australia

What is a Charter of Rights?

Aims to restrict the power of future parliaments to reduce or infringe certain rights through passing legislation. It allows future flexibility via amendment /repeal and gives judiciary power to declare inconsistent legislation

What are 3 arguments SUPPORTING a Charter of Rights?

1) High community Support

2) Protects marginalised people

3) Reflects basic Australian values

What are the 3 main arguments AGAINST a Charter of Rights?

1) We already offer adequate protection of human rights

2) No better human rights protection is guaranteed

3) Excessive and costly litigation

How many current slavery victims?

123 million

Define human trafficking

Trade of humans for the purpose of forced labor, sexual slavery, or commercial exploitation.

Define Forced Labor

Work a person has not voluntarily submitted to and is done under threat of harm. Victims might be lured with the promise of a legitimate job opportunity

Define Debt Bondage and what are the main reasons for it.

A person is forced to repay a loan with labor instead of money and the proper value of labor is not applied towards payments. Conditions are harsh and exploited.

Main reasons: marriage loans and traditions

Define Sexual Slavery and how the victims are deceived

Repeated violation or sexual abuse or forcing a victim to provide sexual services. Victims are captured, coerced or sold by family for money, or by promise of a job.

Define forced marriage and the main reasons for it

Daughters sold to wealthier families sons where they serve their husbands in an environment or physical, verbal and sexual abuse.

Main reasons are tradition and poverty

Define Child Labor

Children sold into labor, most common type of slave

What is the 'restavek' system?

Poor children go to live with wealthier family members for a better education and lifestyle, and they end up in slavery

How much of Haiti's population is made of child slaves?

10%

What are the main reasons for child labor?

Lack of education and poverty

What is the solution to child labor?

Education

Define Prison Labor and the main reasons for it

Use of prison inmates as slaves. They have often been imprisoned without trial for political or religious dissidence e.g. North Korea, China

Main reasons: lack of judicial guidelines

What is an international legal response?

The Slavery Convention 1926, expanded in 1956 by the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Practices Similar to Slavery. This occurred to a growing concern and awareness and climate of slavery. it clarified and expanded the definition of slavery to include; debt bondage, forced marriage and child slavery.

What is a domestic legal response? Provide example.

Penalties up to 25 years for commencing slavery and increased funding for Australian Federal Police to detect and investigate human trafficking

What does the Modern Slavery Act (2018) in Australia do?

It makes large companies report annually to ensure that their supply chains are slavery-free and to make their details available to the public.

What is an international non-legal response?

US govt produces a detailed annual 'Trafficking in Persons Report'. NGOs like iAbolish that focuses on Sudan and helping them abolish slavery

What is a domestic non-legal response?

Media documentaries such as SBS 'Trafficked' which inform the public about slavery. University of Technology Sydney's Anti-Slavery Project 2004 collaborates with govt and community groups to eliminate slavery

What 5 factors limit the effectiveness of legal responses in some countries?

1) State sovereignty

2) Absence of the rule of law

3) Lack of political will to enforce laws

4) Resource availability

5) Embedded cultural practices