Human Rights (Short Answer Test)

Leage of Nations: first intergovernmental organisation. Established after WW1 in order to try and maintain peace. Headquartered in Geneva, Switzerland. Forum for handling international disputes before military action became involved through disarmament, collective security and negotiation. Disbanding during WW2 and was replaced by the united nations.

Representatives from 50 countries gathered at the United Nations Conference on International Organisation in San Francisco, California from 25th April to 26th June 1945. For the following 2 months, the representatives drafted and signed the Charter of the United Nations on the 24th October 1945, creating the United Nations, in hopes it would prevent another world war like the on they had just lived through. The Charter was initially ratified by China, France, the Soviet Union, the United Kingdom and the United States. Since then, 193 countries have ratified the charter.

Creation of the UN: first meeting of the 25th April 1945 in San Francisco. (Roughly) 50 countries met, goal of devoting its [the nations] energies and labors to set up a conference that would keep international peace through drafting up the Charter of the United Nations. Was officially formed on the 24th October 1945 ater the 5 allies ratified the charter.

The UN’s 4 main goals are to;

1. Maintain international peace and security

2. Protect human rights

3. Deliver humanitarian aid

4. Support sustainable development

General assembly: is the largest body of the UN and features all delegates from member states. Is the UN’s main deliberative body where the highest profile diplomacy takes place. Meet annually and also features the heads of states. Votes on matters of international peace, new member admissions and the budget, through a 2/3 majority vote. Less important issues require a majority rule vote. Lead by a president, elected for a 1 year term, offering smaller states the chance to lead the UN. FLAW: relies on the good faith of members to carry out their resolutions.

Security council: maintains international peace and security. Membership is limited to 15 roles, 5 of which are permanently held by the allies. Other seats are elected by the general assembly for a 2 year terms. Resolutions are legally binding and include peaceful resolutions to disputes, imposing sanctions, participating in multi-national peacekeeping forces and authorising use of force during a breach of a resolution. FLAW: each of the 5 permanent members hold a veto power.

Economic and Social council: has jurisdiction over economic, peace, welfare, environmental and social development matters. Has 54 members elected by the general assembly for a 3 year term. Has 30 subsidiary bodies.

International court of justice: the united nations judiciary body and rules over matters of international law and serves advisory opinions to the united nations. Has 15 judges, nominated by the general assembly and selected by the security council. FLAW: cannot commant a state to appear before them, both states must consent to appearing before the court.

Secretariat: responsible for the UN’s day to day actions. Lead by a secretary general, nominated by the security council and elected by the general assembly for a renewable 5 year term.

Trusteeship council: currently suspended as all goals have been met. Provides supervision over united nations trust territories (none currently) and guides them into forming independent states. 5 permanent members of the security council and still elect a president and vice president.

International human rights law: system of international norms designed to protect and promote the lives of all people. Often guaranteed by law in the form of treaties, customary international law, general principles and soft law.

International humanitarian law: set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. Reffered to as the rules of warfare.

Ratification: formally signing or otherwise consenting to a treaty, contract or agreement making it officially valid.

The geneva conventions: crux of humanitarian law. Set of international treaties to protect the effects of armed conflicts.

1st geneva convention: 1864, protects people who are wounded and sick during war, as well as medical religious personel, medical units and medical transport. Recognises distinctive emblems and the riths they have.

2nd geneva convention: 1907, protect wounded, sick and shipwrecked members of armed forces at sea and provides protection for hospital ships, coastal rescue crew, medical aircraft, religious personel and medical personal performing duties at sea.

3rd geneva convention: 1929, defines a prisoner of war, conditions and places for captivity. States pow’s must be released and repatriated as soon as possible after the war.

4th geneva convention: 1949, protects civilians. Deals with the status and treatment of protected people, obligations for the occupying power, provisions for humanitarian relief, safety of hospitals and other safe zones.

Universal Declaration of Human Rights (UDHR): adopted in 1948 by the United Nations general assembly. Outlines the fundamental rights and freedoms all individuals regardless of their identifying characteristics. First global document to outline the right that belong to all humans. Contains 30 articles, includes right to life, liberty, freedom of speech and privacy.

Role of Australia in UDHR: 1 of 8 nations involved in drafting the UDHR due to Dr HV Evatt’s leadership, who was a high court judge, attorney-general and minister for external affairs.

Case Studies

Australia vs Iran

Australia: representative democracy that follows the constitution of Australia, referendums are needed to change it and require a double majority vote. Elections for the government occur every 4 years and the party that wins the majority of the seats becomes government, the party themselves elects a Prime Minister usually before elections for government. There are no laws on religion in Australia, and have adopted the right to the freedom of religion.

Iran: the constitution is based on religion and republic ideologies. The parliament and president are elected by the people, however they are second in power to the Shiite cleric, known as the Supreme Leader of the Islamic Revolution, who is selected by a panel of experts. The supreme leader controls military, judiciary, guardian council and state media and can directly intervene on government decisions. Parliament votes of budgets and passes laws, however all decisions are vetted by the guardian council and the supreme leader to ensure they are constitutional and align with the laws of Islam. Corruption is also present, through all levels including the Supreme Leader.

Mahsa Amini: Zan, zendegi, azadi (translated to women, life, freedom) is the slogan of the mass protests in Iran. Sparked after the death of Mahsa Amini, who was (allegedly) beaten to death by the Iranian Morality Police for improperly wearing a Hijab, women are calling for a reform change to the Iranian theocracy, lead by the Supreme Leader Khanenei. During these protests, women are defying his laws by cutting their hair in public and burning their Hijabs. They want a reform change so that the women can have self-determination over their own lives, like the choice to wear a Hijab or not or to chose their own religion, things that are banned in Iran due to the Supreme Leaders laws.