HUMAN RIGHTS

hsc legal studies human rights

Human Rights

Fundamental rights to which every human being is entitled, simply by being human.

Universal Declaration of Human Rights (UDHR)

A fundamental document established in 1948 that lists the human rights to which every person is entitled.

Indivisible

Concept that all human rights are equally important and cannot be ranked.

Inalienable

Human rights that cannot be surrendered or taken away.

Civil and Political Rights

Also known as 'first generation' rights, focusing on individual freedoms such as speech, assembly, and the right to participate in government.

Economic, Social and Cultural Rights

Known as 'second generation' rights, concerning material and cultural wellbeing and government action to ensure these.

Third Generation Rights

Collective rights like environmental rights and the right to self-determination, which do not necessarily belong to the individual.

State Sovereignty

The ultimate law-making power of a state over its territory and population, including independence from external influence.

International Criminal Court (ICC)

A court that hears cases relating to serious international crimes and gross human rights abuses.

Abolition of Slavery

Movements aimed at ending slavery, recognized in Article 8 of the ICCPR.

Trade Unionism

The organization of workers to collectively protect their rights and improve working conditions.

Self-Determination

The right of peoples to decide their own political status.

Environmental Rights

The right to a clean and sustainable environment.

Peace Rights

The right of citizens to expect their government to maintain peace and work towards the elimination of war.

Amnesty International

A non-governmental organization that conducts research to prevent human rights abuses.

Human Rights Council

A UN body that reviews the human rights practices of member states through the Universal Periodic Review process.

Human Rights Committee

A UN committee that assesses compliance with the ICCPR and can hear individual complaints about human rights violations.

Toonen v Australia

A landmark case that led to the legalization of consensual sexual activity between adults in Australia, highlighting an individual's right to privacy.

Magna Carta

A foundational document from 1215 establishing principles of individual rights and a fair trial.

Universal Suffrage

The right of all adults to vote in government elections.

Promotion of Human Rights

Efforts to raise awareness, educate, and encourage respect for human rights in society.

Enforcement of Human Rights

Measures taken to ensure compliance with human rights laws and to hold violators accountable.

Human Rights Advocacy

Activities aimed at influencing public policy and decision-makers to protect and promote human rights.

Civil Society Organizations

Groups that work independently from government to promote and protect human rights and social justice.

Human Rights Violations

Actions that infringe upon the fundamental rights of individuals, often requiring intervention.

Protecting Vulnerable Populations

Special focus on safeguarding the rights of marginalized groups such as refugees, women, and children.

Accountability Mechanisms

Systems and processes to hold individuals or organizations responsible for human rights abuses.

Universal Jurisdiction

The principle that allows national courts to prosecute individuals for serious crimes against international law, regardless of where the crime occurred.

Humanitarian Law

A body of law that regulates the conduct of armed conflicts and seeks to protect those who do not participate in hostilities.

Education on Human Rights

Programs and curricula aimed at teaching individuals their rights and responsibilities under human rights law.

Not Party to Human Rights Treaties

Individuals in countries not party to human rights treaties lack protection under such treaties; state sovereignty complicates this issue.

Customary Law from UDHR

The argument that the Universal Declaration of Human Rights (UDHR) acts as customary international law binding on all, regardless of treaty participation.

Inadequate Enforcement Mechanisms

Many UN enforcement mechanisms do not apply to all treaties, and some treaties are optional, leading to non-compulsory adherence.

Enforcement by Consensus

The problematic nature of international law enforcement that relies on consensus, reciprocity, and state legal responsibility.

State Reporting Reliance

The Human Rights Council's Universal Periodic Review relies on self-reports from member states about human rights infringements, which may be inaccurate.

Optional Reporting by States

Member states can choose not to report human rights situations, affecting transparency and accountability.

Limited Security Council Action

The Security Council has intervened in humanitarian crises very cautiously, with limited action exemplified in instances like the 1994 Rwanda genocide.

War Crime Tribunals,

Often criticized for entrenching conflict rather than resolving it, with the ICC showing limited impact on international justice.

Chronic Lack of Funding

UN bodies face significant funding shortages, hindering their operational effectiveness in addressing human rights issues.

Informal NGO Recognition

Criticism of UN reporting procedures for not formally considering NGO information in assessing human rights situations.

Media Effectiveness

While the media can promote human rights issues and inspire action, it can also lead to compassion fatigue and provide limited depth of coverage.

Arguments for a Charter of Rights (COR)

The common law has not adequately protected human rights as highlighted in cases like McInnes vs The Queen.

Arguments for a Charter of Rights (COR)

A Charter would protect minority groups, such as Aboriginals, who are currently inadequately protected.

Arguments for a Charter of Rights (COR)

The common law is too slow to respond to contemporary needs, particularly with technological advances.

Arguments for a Charter of Rights (COR)

A Charter would protect individuals from government interference in fundamental human rights.

Arguments for a Charter of Rights (COR)

Implementing a Charter would align Australia with major recommendations from the National Human Rights Consultation Committee and with international standards.

Arguments against a Charter of Rights (COR)

Human rights are already effectively protected through existing international agreements and common/statute law.

Arguments against a Charter of Rights (COR)

A Charter can only safeguard rights that are explicitly listed, limiting its protection scope.

Arguments against a Charter of Rights (COR)

An entrenched Charter may complicate governance due to the judiciary taking on a political role in deciding adherence to the Charter.

Arguments against a Charter of Rights (COR)

An entrenched Charter is difficult to amend, which may lead to irrelevance over time.

Arguments against a Charter of Rights (COR)

A legislative Charter is too easily amendable and could shift with political changes, with concerns over costs for drafting.

Advantages of Human Rights Advocacy

Active in drafting international human rights documents like the UDHR, ICCPR, and ICESCR.

Disadvantages of Australian Human Rights Commission (AHRC)

Criticized for lacking legal power to enforce rights protections, making its decisions non-binding.

Advantages of Australia's Constitutional Protections

The Australian Constitution already provides some core human rights protections, suggesting a separate charter may be unnecessary.

Disadvantages of Entrenched Charters

Entrenched charters can be inflexible and may infringe upon the ‘separation of powers’ doctrine.

Disadvantage of Government Action on Human Rights

The government's unwillingness to adopt necessary laws, exemplified by anti-terrorism measures that breached ICCPR rights.

Example of Government Overreach

The Anti-Terrorism Act 2005 introduced measures such as control orders and preventative detention, impacting individual rights.

Advantages of Independent Human Rights Bodies

Australia has a strong independent body in the AHRC, which operates separately from government influence.

Disadvantage of International Treaty Ratification

Reluctance of Australia to sign international treaties, such as the delayed signing of the Kyoto Protocol in 2007.

Advantages of Non-Interference Protections

Many human rights in Australia are safeguarded through principles of non-interference.

Disadvantage of Lack of Charter of Rights

Absence of a formal Charter of Rights in Australia leads to inadequate protections for individuals.

Improvement in Aboriginal Quality of Life

Recent improvements in the treatment and quality of life for Aboriginal peoples, with discriminatory laws being repealed.

Disadvantage of Treatment of Asylum Seekers

Mandatory detention of asylum seekers and lengthy processing times for refugee status claims raise human rights concerns.