Human Rights Basics
What are human rights?
Rights and freedoms that belong to all people because they are human.
Who is responsible for creating statute law?
Parliament
What is an expressed right?
What does suffrage mean
The right to vote in elections.
Provide a strength of statute law in protecting human rights in Australia.
Parliament can create laws that directly protect human rights, such as anti-discrimination legislation.
Statute law can be changed relatively quickly to respond to emerging human rights issues.
Give an example of a universal human right
Right to Life, Liberty, and Security
Freedom from Slavery
Freedom from Torture
Recognition Before the Law
Equality Before the Law
Right to a Fair Trial
Presumption of Innocence
Protection of Privacy
Freedom of Movement and Residence
Right to Asylum
Right to Nationality
Right to Marriage and Family
Right to Own Property
How are the rights of Australian citizens protected?
Statute law
Common law
Australian Constitution
Give an example of an expressed right.
Right to free interstate trade and commerce.
Right to not be discriminated against by the Commonwealth based on state of residence.
Right to receive 'just terms' when property is acquired by the Commonwealth.
Right to trial by jury for Commonwealth indictable offices.
Right to freedom of religion.
Why is the right to vote important in a representative democracy?
It allows citizens to choose representatives and participate in government.
Provide a weakness of Common Law in protecting human rights.
Courts are independent of Parliament and can develop legal principles through precedent.
Courts can protect human rights through common law when legislation does not address an issue.
Who and when was the UDHR established?
The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations on 10 December 1948
What is a strength of Statute law in protecting human rights?
It can create legally enforceable rights and obligations, prohibit discrimination, or provide remedies for breaches.
What is an implied right?
A right that is not explicitly written in the Australian Constitution, but exists through the High Court's interpretation of the Constitution.
What was the outcome of Roach (2007)?
The High Court invalidated the 2006 blanket ban on prisoner voting because it was inconsistent with the constitutional requirement for representatives to be directly chosen by the people.
Provide a strength of implied rights in protecting human rights.
Implied rights allow the Constitution to protect rights that are not explicitly written in the Constitution.
The High Court can recognise implied rights through constitutional interpretation.
Why does the UDHR rely on individual countries to protect and enforce the human rights it recognises?
The UDHR is a declaration and is not legally binding. Therefore, it cannot directly enforce human rights in Australia. It relies on countries to introduce their own domestic laws to protect and enforce these rights.
What is a limitation of VCHRR in protecting human rights
Limited jurisdiction: The Charter only applies to Victorian state and local government laws
Weak remedies for breach: It does not create a direct cause of action or damages award for a standalone breach of the Charter by a public authority
Rights can be justifiably limited: Under section 7, rights are not absolute and can be limited by law as long as the government proves the limitations is reasonable and demonstrably justified
E.g. COVID-19 restrictions on human rights (freedom of movement) was justified due to the threat posed by the deadly virus.
Give an example of an implied right.
Freedom of political communication.
Right to vote
Name one case study that involves the right to freedom of religion
DOGS (1981)
The Chaplains (2012)
Kaplan (2023)
What is one possible reform of the right to vote? Provide views for and against
Allowing all prisoner to vote
Lowering the voting age
What is the difference between UDHR and Statute law
The UDHR sets out internationally recognised human rights but is not directly enforceable as Australian law; statute law is legislation made by Parliament that can create legally enforceable rights and obligations.
How does incorporating human rights into Australian legislation make those rights legally enforceable?
Unlike the UDHR, which is not legally binding, statute law creates enforceable legal rights and obligations. Individuals can rely on these laws, and courts can apply and enforce them when resolving legal disputes.
Give a limitation of the Constitution
Changing express rights through referendum process is difficult.
Only a few human rights are expressly protected in the Constitution.
It is expensive and time-consuming to take a case to the High Court to challenge a statute law.
Which section of the Constitution is associated with freedom of religion?
Section 116
Identify one statutory protection of the right to freedom of religion in Australia.
Statute law: The Equal Opportunity Act 2010 (Vic) protects people from discrimination on the basis of religious belief or activity in certain areas of public life.