Nature and Development of Human Rights

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Comprehensive vocabulary flashcards covering the nature, historical development, legal instruments, enforcement mechanisms, and domestic Australian context of human rights.

36 Terms

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Human Rights

Rights that recognise the inherent value of each person, regardless of background, where we live, what we look like, what we think, or what we believe.

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First-Generation Human Rights

Civil and political rights found in Articles 1–21 of The Universal Declaration of Human Rights (1948) and in the International Covenant on Civil and Political Rights (1966).

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Second-Generation Human Rights

Economic, cultural, and social rights found in Articles 22–30 of The Universal Declaration of Human Rights (1948) and in the International Covenant on Economic, Social and Cultural Rights (1966).

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Third-Generation Human Rights

Rights that are international in scope and can only be addressed by global cooperation, the two most prominent being environmental rights and peace rights.

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Abolitionists

People who actively fought to end the practice of slavery.

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Slavery

A condition in which one person is treated as the property of another, usually for labour, and denied basic human rights while facing potential physical, sexual, and emotional abuse.

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Emancipation Act (1833)

Legislation passed by Britain that abolished slavery throughout the British Empire.

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Trade Union

An organisation of employees in a trade or industry that aims to protect and improve members' working conditions, wages, safety, and rights.

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International Labour Organization (ILO)

An agency created in 1919 to improve working conditions internationally.

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Suffrage

The right to vote freely in elections without discrimination based on race, sex, religion, language, or political opinion.

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Universal Education

The principle and human right ensuring that free and compulsory elementary education is available and accessible to all individuals.

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Self-Determination

The right of people, particularly Indigenous peoples, to have control over their land, resources, and political affairs, or to freely determine their political status.

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Environmental Law

Laws designed to protect the environment and regulate human activities that may cause environmental harm.

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Intergenerational Equity

The principle that future generations have the right to enjoy the same level of environmental quality as the present generation.

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Triple Planetary Crisis

The three interconnected environmental threats identified by the UN: climate change, pollution, and biodiversity loss.

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Paris Agreement (2016)

A legally binding international treaty on climate change adopted by 196 parties to limit global warming to well below 2∘C2^\circ\text{C} above pre-industrial levels, aiming for 1.5∘C1.5^\circ\text{C}.

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Right to Peace

The human right to live in a peaceful environment free from war, violence, and threats caused by conflict.

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Soft Law

International declarations, resolutions, or principles that are not legally binding treaties but are highly influential in guiding state behavior and forming customary law.

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Universal Declaration of Human Rights (UDHR)

A foundational 1948 declaration adopted by the UN containing 30 articles covering fundamental human rights, drafted by a commission chaired by Eleanor Roosevelt.

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International Covenant on Civil and Political Rights (ICCPR)

A binding 1966 covenant obliging member states to respect civil and political rights, monitored by the Human Rights Committee.

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International Covenant on Economic, Social and Cultural Rights (ICESCR)

A binding 1966 covenant obliging state parties to work towards granting economic, social, and cultural rights to individuals.

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Twin Covenants

The collective term for the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

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International Bill of Human Rights

The collective name given to the Universal Declaration of Human Rights (UDHR), the ICCPR, and the ICESCR.

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Genocide Convention (1948)

A hard-law convention adopted following the Holocaust that formally made genocide a crime under international law.

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Geneva Conventions (1949)

A series of four international treaties that define the conduct and responsibilities of warring states regarding the humanitarian treatment of civilians and combatants in wartime.

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State Sovereignty

The ultimate law-making authority and independence of a recognized state, guaranteeing freedom from external interference in its domestic jurisdiction without its consent.

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UN Security Council (UNSC)

The UN organ charged with preserving international peace and security, possessing 5 permanent veto-wielding members and 10 rotating members.

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Economic and Social Council (ECOSOC)

A principal UN organ with 54 rotating members responsible for promoting international economic, social, environmental, and humanitarian cooperation.

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International Court of Justice (ICJ)

The primary judicial organ of the UN located in The Hague that settles legal disputes between consenting states and delivers advisory opinions.

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Responsibility to Protect (R2P)

An international security and human rights norm asserting that states have a duty to protect their citizens from mass atrocities, and authorizing collective international intervention if a state manifestly fails to do so.

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International Criminal Court (ICC)

A permanent court established under the Rome Statute in 2002 to prosecute individuals for serious international crimes such as genocide, war crimes, and crimes against humanity.

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European Court of Human Rights (ECtHR)

A regional judicial body consisting of 47 member states that hears cases brought by individuals, organizations, and states under the European Convention on Human Rights (ECHR).

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Non-Government Organisations (NGOs)

Independent organizations not funded by governments, allowing them to expose human rights abuses and pressure authorities free from state ideology.

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External Affairs Power (Section 51(xxix))

The provision of the Australian Constitution granting the Commonwealth Parliament the authority to legislate to implement international treaties into domestic law.

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Separation of Powers

The constitutional doctrine dividing state authority into three distinct branches—the legislature, executive, and judiciary—to prevent abuse of power and uphold the rule of law.

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Division of Powers

The constitutional arrangement in Australia that distributes law-making power between the federal Commonwealth Government (exclusive and concurrent powers) and state governments (residual powers).