Legal Studies QCE Unit 4

International Bill of Rights

the collective name for the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights

Universal Declaration of Human Rights (1948)

The core UN document on human rights; although it lacks the force of international law, it sets forth international norms regarding behavior by governments toward their own citizens and foreigners alike

ICCPR 1966

International Covenant on Civil and Political Rights

ICESCR 1966

International Covenant on Economic, Social, and Cultural Rights

Express rights

rights that are stated in the Australian Constitution. Express rights are entrenched, meaning they can only be changed at a referendum

Implied rights

Rights that are not expressly referred to but are read into a constitution by implication.

s51 (xxxi)

What section of the Constitution is Acquisition of property on just terms

s80

What section of the Constitution is right to trial by jury

s92

What section of the Constitution is Free interstate trade and commerce

s116

Under what section of the Constitution is Commonwealth not to legislate in respect of religion

s117

What section of the Constitution is: residents of states cannot be discriminated against

Lange v ABC (1997)

High Court of Australia case that upheld the existence of implied freedom of political communication in the Australian Constitution - political communication/free speech case

Roach v. Electoral Commissioner (2007)

The High Court examined the validity of Commonwealth legislation that prevented prisoners from voting. hence finding the implied right to vote - right to vote case

s7 and 24 of the Constitution

representative government

Protesting

public demonstration expressing disapproval of or objection to something.

Lobbying

attempting to influence policy makers

Lodging complaints/being a karen

document lodges to express dissatisfaction

Tribunal

body to settle a dispute, informal, cheap, quick

Court

governmental forum that administers justice under the law, interprets law and creates precedent

Australian Human Rights Commission (AHRC)

investigates and resolves complaints of discrimination/harassment based on sex, disability, race age.

Australian Law Reform Commission

Independent body that conducts inquiries and makes recommendations on how law can be reformed so it may be simplified/ensure access to justice

Queensland Law Reform Commission

Reviews laws of QLD, similar to ALRC,

Amnesty International

An influential non-governmental organization that operates globally to monitor and try to rectify glaring abuses of political (not economic or social) human rights.

Queensland Council for Civil Liberties

independent, nfp, non gov, protects, promotes educates human rights

Australian Lawyers for Human Rights

Association of legal professionals, supports HR Lawyers

Australian Human Rights Centre

research institute, UNSW, promotes HR through research projects

International Federation of Red Cross/Crescent Societies

Humanitarian, non gov, nfp organisation. Promotion through action.

World Council of Churches

coordinates social justice campaigns within the church

Media

Informs citizens of many matters, keeps governments accountable, wide influence.

Disability Discrimination Act 1992 (Cth)

makes it unlawful to discriminate against a person, in many areas of public life, including employment, education, getting or using services, renting or buying a house or unit, and accessing public places, because of their disability

Racial Discrimination Act 1975 (Cth)

makes it unlawful to discriminate against a person, in many areas of public life, including employment, education, getting or using services, renting or buying a house or unit, and accessing public places, because of their race

Sex Discrimination Act 1984 (Cth)

makes it unlawful to discriminate against a person, in many areas of public life, including employment, education, getting or using services, renting or buying a house or unit, and accessing public places, because of their sex

Magna Carta (1215)

First document to limit the powers of the king. No arbitrary punishment, no unfair tax, no forced marriage, women can inherit, cornerstone of Human Rights

General Assembly

the supreme deliberative assembly of the United Nations

Security Council

main organ within the UN responsible for maintaining peace and security; composed of 5 permanent and 10 rotating members with two year terms elected by the General Assembly

Economic and Social Council

UN body concerned with economic and social issues such as trade, development, education, and human rights

Secretariat

The staff of the UN, headed by the secretary-general

International Court of Justice

a court established to settle disputes between members of the United Nations

Trusteeship Council

Part of the UN that administers territories

Human Rights (Parliamentary Scrutiny) Act 2011

Statement of compatibility + Parliamentary Joint Committee on human rights. Ensures legislation adheres to treaty obligations

Ratification

Formal approval to a treaty; creating legislation to meet obligations under the signed treaty

accession

Signing a treaty already that has already been negotiated and signed by other States

Purposes of the UN Article 1

-Maintain international peace & security

-Develop friendly international relations

-Promote human rights & social/economic development

-International Cooperations

Principles of the UN Article 2

2.1 Sovereign equality, 2.3 Peaceful settlement of disputes, 2.4 Territorial integrity/political independence, 2.7 Freedom from UN intervention

Human right

the basic rights to which all people are entitled as human beings

Covenant

A binding agreement between states

Treaty

A formal agreement between two or more sovereign states

State

a nation or territory considered as an organized political community under one government.

Sovereignty

Ability of a state to govern its territory free from control of its internal affairs by other states.

signatory

a party to a contract, treaty or other legal document

Bill of Rights

Specific freedoms/list of rights

Royal Commission

an official investigation established by the government (the Crown)

Article 25 ICCPR

Article____: Right to take part in politics/public affairs

Article 14 ICCPR

Article____: Right to fair trial

Article 13 ICESCR

Article____: Entitled to a standard of living/health

Article 7 ICESCR

Article____: equal pay for all

Article 15 ICESCR

Article____: right to take part in cultural life

Convention Relating to the Status of Refugees (1951)

provides and recognises the rights/obligations of refugees. Art 1 defines refugee, Art 35 Non-refoulement, 1967 Protocol which removes geographic/temporal restraints

Convention on the Rights of the Child (1991)

Protections children's rights. Art 1 Defines child, Art 12 right to opinion on decisions that affect them.

International Convention on the Elimination of All Forms of Racial Discrimination (1966)

Defines (Art 1), and condemns discrimination (Art 2). Art 6 Right to seek remedy.

Convention on the Elimination of All Forms of Discrimination Against Women (1979)

Monitor and promote women's rights. Art 2 condemns, Art 10 right to education

5 Express Rights

-protection against acquisition of property on unjust terms (s51 xxxi)

-the right to a trial by jury (s80)

- freedom from economic regulation (s92)

-freedom of religion (s116)

-prohibition of discrimination on the basis of state of residency (s117).

Commonwealth v Tasmania (1983)

Due to the World Heritage Act, the Government's actions were an exercise of their external affairs power thus allowing them to stop the Tasmanian Gov from building a dam - external affairs power case

Walsh v Hanson (2000)

Racial discrim case - s18D (good faith, scientific, academic purposes) protects Pauline Hanson's book, The Truth, and it's opinions about Aboriginals form breaching 18C (insult humiliate offend)

Brown v Tasmania (2017)

Protesting case - The law gave police too much discretion to remove protestors. The laws had the effect of silencing the protestors, ill-defined areas

Clubb v Edwards; Preston v Avery (2019)

Protesting case - State laws restricting protests outside abortion were valid. The restrictions on protests were justified and reasonable, they just had to stand 150m away from clinics

Mabo v Queensland (1992)

Racial discrimination case - Restoration of native title, removal of terra nullius

s51 (xxix)

External affairs power

Minister of State for immigration + Ethnic Affairs v Ah Hin Teoh (1995)

Child case - can't deport him coz his kids live here