International Human Rights Law
This international organisation is responsible for overseeing global human rights agreements.
United Nations
What are express rights?
Those found explicitly in the Constitution
this section of the Constitution outlines the process for amending the Constitution.
Section 128
This Act was passed in Queensland in 2019 to protect individual rights.
Human Rights Act 2019 (Qld)
This Australian court has the power to hear cases concerning the interpretation of the Constitution.
High Court of Australia
This treaty focuses on eliminating discrimination against women.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
This 1986 Act established the Australian Human Rights Commission.
Australian Human Rights Commission Act 1986
This term describes the division of law-making powers between the Commonwealth and the states.
federalism
This right protects an individual from arbitrary detention.
right to liberty and security of person
This process involves reviewing laws to ensure they align with human rights obligations.
Judicial Review
This legal instrument provides a mechanism for individuals to lodge complaints about human rights violations in Australia
AHRC
Name one statute that protects human rights in Australia.
This principle ensures that the judiciary remains separate from the executive and legislative branches.
separation of powers
This office is responsible for promoting and protecting human rights in Queensland.
Queensland Human Rights Commission
This High Court case established that the Constitution contains an implied right to freedom of political communication.
Australian Capital Television v Commonwealth case
This international document focuses on the elimination of racial discrimination.
International Convention on the Elimination of All Forms of Racial Discrimination
This international covenant ratified by Australia guarantees civil and political rights.
International Covenant on Civil and Political Rights
This section of the Constitution outlines the referral of powers from the states to the Commonwealth.
Section 51
Which section of the Constitution guarantees trial by jury for indictable offences?
section 80
Define common law rights
Common law rights are legal entitlements and freedoms established by judicial decisions and historical precedent rather than by written statutes.
This UN treaty, adopted in 2006, aims to protect the rights and dignity of persons with disabilities
Convention on the Rights of Persons with Disabilities?
This landmark 1992 case in Australia recognised native title for the first time.
Mabo v Queensland (No 2) case
This High Court case in 1997 confirmed that state parliaments cannot pass laws that limit the constitutional right to vote.
Lange v Australian Broadcasting Corporation?
Which section of the Constitution protects freedom of religion?
Section 116
What is a key limitation of common law protection of rights?
It can still be overridden by statute. If Parliament passes a valid law that limits or removes a right, courts must apply that law, even if it restricts human rights.