BETTER QCE Legal Studies Unit 4 Topics 1 and 3 (for external revision)

human rights

fundamental rights inherent to all people, protected by international and domestic law

3 features of human rights

universal, inalienable, indivisible/interdependant

covenants

a binding international treaty creating legal obligations among states

treaties

a written agreement between subjects of international law that created legally binding obligations

multilateral

involving more than two states

bilateral

involving 2 states

states

a sovereign political entity with a defined territory, permanent population, government and capacity to enter into relations with other states

signatory treaty

a state that has signed a treaty, indicating INTENT to be bound, though ratification may be required for full legal effect

convention

a formal international agreement, often binding, can be universal or regional

ratification

the formal act of a state consenting to a treaty being legally binding, usually by putting the contents into local legislation

accession

joining a treaty after negotiations, often by a state that did not sign at the time of adoption

reservation

a statement made by a state when signing, ratifying, accepting or acceding a treaty, LIMITING THE SCOPE of the treaty

sovereignty

the full right and power of a state to govern itself and make decisions without external interference

royal commission

a formal inquiry established by the government to investigate and report on specific issues of human rights concern

judicial body

a court or tribunal which can arbitrate on matters brought before it for resolution

NGO

nongovernmental organisations

special interest groups/lobby groups

groups that advocate for a single issue/concern

media

any form of communication, electronic or print, that enables the widespread dissemination of information

civil rights

class of rights that protect individual’s freedom from infringement by governments, social organisations and private individuals

implied rights

rights that are not clearly outlined in legislation but are suggested/inferred

explicit rights

rights explicitly stated in legislation

protest

statement or action expressing disapproval of or objecting to something

assembly

a group of people gathered together in one place for a common purpose

rally

a passive meeting of people making a political protest of showing support for a cause

demonstration

a public meeting or march protesting against something or expressing views on a political issue

regulated right

a right that is regulated, defined and controlled in legislation

discrimination

an individual or group treated less favourably than others because of their background/certain characteristics

protocol

an agreement between states to add/amend to a given treaty

UDHR

universal declaration of human rights 1948

ICCPR

international covenant on civil and political rights 1966

ICESCR

international covenant on economic, social and cultural rights 1966

What makes up the International Bill of Human Rights

UDHR, ICCPR, ICESCR

UDHR features

not legally binding, only aspirational

ICCPR features

binding treaty, ratified by australia, declares a all people have a range of civil and political rights

ICESCR features

legally binding, ratified by australia, declares a;; people have a range of economic, social and cultural rights

UDHR Art. 1

all humans are born free and equal in dignity and rights

UDHR Art. 2

everyone is entitles to all rights and freedoms in the UDHR without discrimination

UDHR Art. 3

everyone has the right to life liberty and security of person

UDHR Art. 4

prohibition of slavery

UDHR Art. 5

nobody is subjected to torture or inhuman treatment/punishment

UDHR Art. 6

right to recognition everywhere as a person before the law

UDHR Art 7

right to equality before the law (no discrimination)

UDHR Art 8

right to go to court and seek justice

UDHR Art 9

no arbitrary arrest, detention or exile

UDHR Art 10

right to fair and public hearing

UDHR Art 11

a) innocent until proven guilty

b) no retroactive punishment

UDHR Art 12

no interference with privacy or attack to reputation

UDHR Art 13

freedom of movement

UDHR Art 14

right to seek asylum from persecution

UDHR Art 15

right to nationality (and change)

UDHR Art 16

right to marry

UDHR Art 17

right to own property

UDHR Art 18

freedom of thought, conscience and religion

UDHR Art 19

freedom of opinion and expression (speech)

UDHR Art 20

freedom of peaceful assembly and association

UDHR Art 21

a) right to take part in government

b) right to vote

c) free and secret voting procedure

UDHR Art 22

right to social security

UDHR Art 23

a) right to work

b) equal pay for equal work

c) right to form trade unions

UDHR Art 24

right to rest and leisure: limitation of working hours and periodic holidays

UDHR Art 25

right to adequate standard of living (e.g. food, clothes, housing, medical care, social security)

UDHR Art 26

right to education (free in elementary and fundamental stages - ideally)

UDHR Art 27

right to

a) take part in/celebrate cutler

b) intellectual property

UDHR Art 28

right to enabling order

UDHR Art 29

a) community duties

b) rights may be limited by law

c) rights cannot be used against UN purposes and principles

UDHR Art 30

safeguard clause: can’t use Art 1-29 to destroy the UDHR

ICCPR Part 1: Art 1

everybody has the right to self determination

ICCPR Part 2: Art 2-5

obligations for signing parties to put ICCPr into domestic legislation

ICCPR Part 3: Art 6-27

right to life, prohibition of torture and slavery, right to fair trial, freedom of movement, religion, thought, speech, assembly, association

ICCPR part 4: art 28-45

establishes the UN Human Rights Committee (UNHRC)

UNHRC (ICCPR Art 40)

monitors parties to ICCPR through reviewing compulsory regular reports

ICCPR Part 5: Art 48-53

concerns ratification, when ICCPR is in force and amendment process

ICCPR Optional protocol 1

allows individuals to lodge complaints against a state to UNHRC after exhausting domestic remedies

ICCPR Optional Protocol 2

aims to abolish death penalty/corporal punishment

ICESCR Part 1: Art 1

right to self determination

ICESCR Part 2: Art 2-5

rights to be recognised and worked towards by states

ICESCR Part 3: Art 6-15

rights to adequate standards of living, education, social security, work in fair/just conditions, healthcare

ICESCR Part 4: Art 16-25

governs reporting and monitoring of ICESCR by CESCR

ICESCR Art 16

signatory parties are required to submit progress report to secretary general of UN who transmits to CESCR

ICESCR Part 5: Art 26-31

concerns ratification, when ICESCR is in force and amendment process

ICESCR Optional Protocol

allows CESCR to consider complaints form individuals (Aus yet to accede)

CRSR and PRSR

convention relating to the status of refugees 1951 and the protocol relating to the status of refugees 1967

CRSR features

acceded by aus, outlines minimum standards for treatment of refugees, defines refugee, defines rights and responsibilities of refugees, defines obligations of states (treatment and protection of refugees)

CRSR Art 2

imposes the duty of refugees to conform to host country’s laws to maintain public order

CRSR Art 33

non refoulement principle: states cannot send refugees back to where they are at risk of persecution

PRSR features

acceded by aus, necessary as convention only related to those displaced AFTER 1951

PRSR purpose

redefined refugees so not referring to dates, thereby having ‘universal coverage’

CRC

convention on the rights of the child 1990

CRC features

ratified by aus 1990, recognises specific human rights of children because of their vulnerability

CRC Part 1: Art 1-42

provides basic standard and minimal entitlements and freedoms of children

CRC Part 2: art 43-54

outlines responsibilities of adults and governments in accessing rights

CRC Art 2

no discrimination and obligations of states to protect children against all forms of discrimination/punishment on discriminatory basis

CRC Art 3:

best interests of child of paramount consideration in court and legislative and admin bodies. states will take measures to ensure this is followed

CRC Art 6:

every child has the right to life and states must ensure this is followed

CRC Art 12:

children have a right to a voice, due weight to be given in accordance to age and maturity by admin/judicial body

CRC in Aus legislation example

Family Law Act 1975 (Cth)

CRC Optional protocol 1

Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OPAC), acceded by Aus 2000

CRC Optional Protocol 2

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, acceded by Aus in 2000

CEDAW

Convention on the Elimination of All forms of Discrimination Against Women 1979

CEDAW features

reaffirms key ideals of all international human rights instruments from the bill of rights in relation to women’s rights

CEDAW Part 1: Art 1-6

scope of the treaty