Legal 2.2 Promoting and enforcing human rights

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24 Terms

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state

a government and the people it governs; a country

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nation

a people that share a common heritage, language or culture and sometimes a common race

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ratification

the process of a state formally approving a treaty, making it legally binding

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Trusteeship Council

inactive since 1994 but originally responsible for overseeing the transition of United Nations trust territories to self-government after decolonisation

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UN General Assembly

the UN organ representing all UN member states; it acts as a forum for global discussion and runs numerous committees and programs

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UN Human Rights Council

the UN forum of member states responsible for overseeing and making recommendations on human rights in all member states

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UN Security Council

the UN organ responsible for the preservation of international peace and security; it has the power to authorise military action and other measures

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resolution

a decision passed by the UN General Assembly or UN Security Council; when passed by the UN Security Council, it can be legally binding on all member states

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Economic and Social Council

the UN organ that acts as a forum for international economic and social cooperation and development

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UN Secretariat

the UN administrative body headed by the UN Secretary-General; it contains the departments and offices of the United Nations

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Office of the High Commissioner for Human Rights

the UN human rights office responsible for monitoring and reporting on human rights worldwide

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International Court of Justice

the primary judicial organ of the United Nations; it has jurisdiction to hear disputes submitted by member states and issue advisory opinions

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non-government organisation (NGO)

an independent, non-profit group that often plays an important role in advocating, analysing and reporting issues worldwide (for example, human rights or the environment)

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international humanitarian law

a body of international law developed from the Geneva and Hague conventions that deals with the conduct of states and individuals during armed conflict; also knwon as the law of armed conflict

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monist system

a legal system that deems treaties enforceable in domestic law as soon as they have been signed

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dualist system

a legal system that does not deem treaties enforceable domestically until and unless they are incorporated into domestic law, usually by passing similar legislation

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incorporation

the process by which a country incorporates a treaty into domestic law

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separation of powers

the division of power between the executive, the legislature and the judiciary to prevent one person or group from gaining total power

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division of powers

how powers are divided between the federal and state governments

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delegated legislation

laws made by people or bodies to whom parliament has delegated law-making authority

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heads of power

powers listed in sections 51 and 51 of the Australian Constitution: the areas that the Commonwealth can legislate on

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residual powers

a government power that is not listed in section 51 of the Australian Constitution as a legislative power of the Commonwealth Parliament, and thus belongs to the states

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express rights

rights that are included (written) in a document

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implied rights

rights that can be implied through the text, structure or purpose of a document