LegaL Studies Unit 4: Topic 1 - Human Rights

EA Revision 2026

Ratification

The international act whereby a state indicates its consent to be bound to a treaty, granting states the necessary time-frame to seek required approval for the treaty on the domestic level and enact necessary legislation to give domestic effect to the treaty --> ratifying the national agreement signed by the state by creating state legislation. 

Reservations

• A declaration made by a state by which it claims to exclude or alter the legal effect of certain provisions of the treaty, enabling a state to accept a multilateral treaty allowing the possibility not to apply certain provisions in which it does not wish to comply --> states can choose what to sign on to in the treaty 

• They may be made when the treaty is signed, ratified, accepted, approved or acceded to and must not be incompatible with the object and purpose of the treaty

• A treaty may prohibit or only allow certain reservations

Accession

• The act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states having the same legal effect as ratification  

Sovereignty

• The supreme, independent authority and power of a state or territory to govern itself, make and enforce laws, and manage foreign relations in itself without foreign interference.  

Human Rights

• Human rights are the bare standard to which a person should be treated. They are the fundamental freedoms and protections that belong to every person, and are universal, inalienable and indivisible and interdependent (governments cannot pick and choose which to  keep)

• Types of rights include negative, positive, legal, and collective rights.

Negative Rights

• The protection from government/others (Freedom to... freedom from) 

Positive Rights

• something that is owed to someone 

Legal Rights

• a right which is explicitly protected by law 

Collective Rights

• rights which apply to a group of people

Bilateral

• Treaties/agreements involving two parties, typically resembling a contract where both parties have roles and responsibilities

Multilateral

• A treaty/ agreement involving more than two nations which may adress multiple international issues or concerns

Treaty

• An international agreement concluding in written form between two or more States (or international organisations) and is governed by international law, giving rise to international legal rights and obligations.

• More specific and can be bilateral or multilateral

Convention

• A formal agreement between states, typically an instrument negotiated under an international organisation

• Broader and usually multilateral

Protocol

• An optional formal agreement, requiring separate ratification by states, which amends or supplements a treaty.

State

• a soveriegn political community with its own governent and borders.

Covenant

• a binding multilateral treaty between nations, creating legal obligation for signatories who ratify it, usually addressing human rights issues.

Role of UN

• The UN is an international organisation which established under the UN charter (1945) codifies major principles of international relations including sovereign equality and prohibition of force in international relations

• It aims to maintain peace and security, develop friendly relations, and harmonise the actions of nations in the attainment of these goals internationally, providing a means to solve international disputes and prevent the scrouge of war

Bill of Rights

• a list of the most important and protected rights belonging to a nations' citizens

• Australia does not have a bill of rights but instead uses the constitution, common law principles, and federal and state laws