Introduction to Human Rights Review Flashcards

Comprehensive vocabulary flashcards covering the Introduction to Human Rights, the United Nations, international treaties, and Australian domestic law applications.

Human Rights

Fundamental rights that are considered to belong to every person regardless of race, gender, age, nationality, or religion.

Universal

A characteristic of human rights meaning they belong to everybody in the world.

Inalienable

A characteristic of human rights meaning they cannot be taken away.

Indivisible and Independent

The principle that governments should not be able to pick and choose which rights are respected.

Civil and political rights

Rights such as the right to freedom of speech and the right to vote, protected by the International Covenant on Civil and Political Rights (ICCPR).

Economic, Social and Cultural Rights

Rights such as the right to work or form trade unions, protected by the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Collective Rights

Rights held by a group of people (e.g. a minority like indigenous Australians), such as the right to a healthy environment, peace, or food security.

Sovereignty

The concept that a government exercises full control over its affairs within a geographical or territorial limit; it can pass and enforce laws and is essentially independent.

Covenants

Documents similar to a convention in effect and use; synonymous with treaty, convention, charter, protocol, or statute.

Treaty

A formalized agreement between two or more states about a particular area of interest.

States

A country recognized as having legal standing under international law.

Multilateral

A treaty or agreement undertaken by more than $2$ states.

Bilateral

A formal agreement entered into by $2$ states.

Ratification

The process of full adoption of treaty obligations into Australian law by passing legislation through the federal parliament that mirrors and enacts the treaty obligations.

Charter

A formal document serving as a fundamental governing instrument for a community, institution, or organization, outlining its purpose, structure, and aims.

United Nations (UN)

An international organization representing the body of states established according to the UN Charter in $1945$ to promote world peace and human rights.

General Assembly

The main deliberative and representative body of the UN where all $193$ Member States have one vote.

Security Council

The UN body responsible for maintaining international peace and security, consisting of $15$ members ($5$ permanent and $10$ elected).

Economic and Social Council

The UN body that coordinates work on economic, social, and environmental issues and promotes sustainable development with $54$ elected members.

Trusteeship Council

Established to supervise $11$ Trust Territories; it suspended regular operations in $1994$ after the last territory became independent.

International Court of Justice (ICJ)

The UN's principal judicial body based in The Hague, Netherlands, which settles legal disputes between countries.

Secretariat

The body that carries out the day-to-day work of the UN, led by the Secretary-General.

Magna Carta

A document signed by the King of England in $1215$ that established principles of due process, equality before the law, and the right to a fair trial.

International Bill of Human Rights

A core set of UN texts consisting of the UDHR, the ICCPR, and the ICESCR that define and protect human rights worldwide.

Universal Declaration of Human Rights (UDHR)

A non-binding document adopted by the UN General Assembly in $1948$ setting out fundamental human rights.

Optional Protocol

An additional, separate, and voluntary legal agreement linked to a main treaty that adds extra rules, rights, or procedures.

Toonen V Australia

A landmark human rights case where the UN decided that Tasmanian laws criminalizing consensual male activity violated the right to privacy under the ICCPR.

Progressive Realisation

The acknowledgment that some ICESCR rights may be difficult to achieve quickly due to resource constraints, requiring states to act as best they can within their means.

Non-derogable rights

Absolute rights under Article $4$ of the ICCPR that cannot be taken away, including the right to life and freedom from torture and slavery.

Human Rights Committee

The principal UN body established under Article $28$ of the ICCPR responsible for reviewing the human rights records of member states.

Human Rights (Parliamentary Scrutiny) Act 2011

An Australian act requiring all new bills to be accompanied by a statement of compatibility with the seven core international human rights treaties.

Universal Periodic Review (UPR)

A process where the UNHRC reviews the human rights records of all $193$ member states once every four years.

Special Rapporteurs

Individual experts appointed by the UN to investigate allegations of human rights violations in a voluntary capacity.

Sovereign Equality

The principle under Article $2.1$ of the UN Charter stating all states have equal rights, regardless of their size or power.

Convention on the Rights of the Child (CRC)

A legally binding agreement ratified by Australia in $1990$ setting out the civil, political, economic, social, and cultural rights of every child.

Convention on the Rights of Persons with a Disability (CRPD)

A $2006$ treaty aimed at ensuring full and equal enjoyment of human rights by all persons with disabilities and promoting respect for their dignity.

Non-Refoulement

A fundamental principle (Article $33$ of the $1951$ Refugee Convention) prohibiting states from returning a refugee to a territory where they fear threats to life or freedom.

Refugee

A person outside their country of nationality with a well-founded fear of persecution for reasons of race, religion, nationality, membership of a group, or political opinion.

Migration Act 1958 (Cth)

The principal Australian Act that applies to refugees, which since $1992$ has included a system of mandatory detention for asylum seekers.

Tampa Crisis

A $2001$ political event involving a Norwegian cargo ship and $433$ asylum seekers that led to the 'Pacific Solution' and offshore processing.

International Criminal Court (ICC)

A court established in $2002$ by the Rome Statute to prosecute individuals for genocide, war crimes, and crimes against humanity.

ICERD

The International Convention on the Elimination of All Forms of Racial Discrimination ($1965$).

CEDAW

The Convention on the Elimination of All Forms of Discrimination against Women ($1979$).

CAT

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ($1984$).

UNHCR

The United Nations High Commissioner for Refugees, responsible for protecting refugees, asylum seekers, and stateless people.

External Affairs Power

The power found in section $51(xxix)$ of the Australian Constitution allowing the Commonwealth to implement international treaties into domestic law.