VCE Legal Studies 2025 Unit 2 AOS 3: 'Human Rights'

What are Human Rights?

The basic rights and fundamental freedoms inherent to all people, regardless of their origin, sex, race, religion, or status. They are universal, inalienable, indivisible.

How are Human Rights universal, indivisible, inalienable and inherent.

They are applicable to all, they are all equally important, and they cannot be taken away.

What is the purpose of Human Rights?

To protect dignity, equality and fairness. They include the right to life, freedom of expression, and access to essential services.

What is the Universal Declaration of Human Rights?

The Declaration written by the United Nations in 1948, which has been adopted by all 192 members of the UN. It comprises of 30 articles, and includes human rights such as the right to life, freedom of thought and expression, the right to work and education, and the prohibition of torture and slavery.

How are Human Rights protected in Australia?

Human Rights are protected through Statute Law, Common Law and the Australian Constitution.

How does the Australian Constitution protect Human Rights?

It contains 5 express rights: the right to trial by jury, the government’s right to acquisition of property, freedom of movement, freedom of religion and freedom from discrimination. One implied right is the right to freedom of political expression. They cannot be legislated away, however they are very limited in number and scope.

How does the Victorian Charter of Human Rights and Responsibilities Act protect Human Rights in Australia?

The Victorian Charter of Human Rights and Responsibilities is a piece of legislation created in 2006. It contains 20 basic rights, including the right to privacy, the right to security, the right to vote, and the right to freedom of expression. They are not absolute and can be changed through parliamentary legislation, and new human rights can be added.

How does Common Law protect Human Rights in Australia?

Common Law can fill gaps in legislation to interpret rights that are not explicitly written in the legislation, usually without politically pressure. It has provided the right to silence, the right to a fair trial and the right of transgender people to marry.