UDHR
What is the main purpose of the UDHR?
To promote and protect fundamental human rights worlwide.
Name one right protected by the Australian Constitution.
Freedom of Religion: Section 116 prohibits the Commonwealth from establishing a religion or imposing religious observance, and it protects the free exercise of religion.
Trial by Jury: Section 80 guarantees the right to a trial by jury for indictable offenses against the Commonwealth.
Free Trade Among States: Section 92 ensures that trade, commerce, and intercourse among the states shall be free.
Acquisition of Property: Section 51(xxxi) provides that the Commonwealth can only acquire property on just terms.
Discrimination Based on State Residency: Section 117 prohibits discrimination against residents of one state by another state.
Which body primarily investigates human rights breaches in Australia?
Australian Human Rights Commission
What is one benefit of introducing a Bill of rights in Australia?
It could strengthen human rights protections by improving accessibility.
In what year was the UDHR adopted?
1948
What is one implied right of the Constitution and why is it implied?
Freedom of Speech/Political Communication - Implied because without political communication our democracy cannot function
In what ways are Human Rights protected in Australia?
Statute Law, Common Law and the Constitution
What are two criticisms for implementing a bill of rights in Australia?
May limit our rights to only what is expressed in legislation and changes who makes decisions from primarily the parliament to judges.
Why was the UDHR created?
To prevent further human rights abuses like the Holocaust.
Why does the Constitution offer limited rights protection?
It focuses on federal powers, not individual freedoms.
Why is legislation preferred over the Constitution for human rights protection?
It is more flexible and easier to update.
What limits the Constitution as a tool for human rights protection?
Some rights are not explicitly written or guaranteed, and some rights are only protected at a federal level.
How does the UDHR influence Australia's human rights obligations?
By setting a standard for human rights policy and legislation.
How does the High Court protect human rights in the Constitution?
It interprets the Constitution to establish implied rights, and it holds the parliament accountable by ensuring legislation aligns with the rights in the Constitution.
Why is the independence of the AHRC important?
It builds public trust and limits government control ensuring proper checks and balances.
Evaluate how effective the AHRC is in protecting vulnerable groups.
It provides strong advocacy and dispute resolution but lacks binding enforcement powers, limiting overall effectiveness.
What is one challenge of implementing the UDHR fully worldwide?
There is no international police to ensure its implementation.
What is a drawback of the High Court enforcing human rights?
It can take the responsibility and accountability away from elected representatives. Changes the balance of powers in our democracy.
When does an International treaty influence Australian's human rights?
When it is legislated into domestic law
Evaluate how the absence of a national Bill of Rights impacts consistency in human rights protection across the country.
It leads to uneven protection because states differ in rights legislation, resulting in inconsistent national standards.