Key Terms
What is a treaty?
A formal agreement between two or more states concerning a particular issue.
In what year was the Universal Declaration of Human Rights (UDHR) adopted?
1948.
Which treaty protects refugees?
Convention Relating to the Status of Refugees 1951.
What constitutional section protects freedom of religion?
Section 116.
What is a Statement of Compatibility?
A document that assesses whether a proposed law is compatible with human rights.
What is ratification?
The formal process by which a state agrees to be legally bound by a treaty.
What is the purpose of the UDHR?
To establish a common standard of fundamental human rights and freedoms for all people.
What is the purpose of ICERD?
To eliminate racial discrimination.
What constitutional section protects trial by jury for indictable Commonwealth offences?
Section 80.
What is the role of the Parliamentary Joint Committee on Human Rights?
To examine Bills and legislative instruments for compatibility with human rights.
What is accession?
Joining a treaty after it has already been negotiated and opened for signature.
What is the purpose of the ICCPR?
To protect civil and political rights.
What is the purpose of CEDAW?
To eliminate discrimination against women.
What did Lange v ABC (1997) confirm?
That the Constitution contains an implied freedom of political communication.
Why do treaties not automatically become Australian law?
Australia follows a dualist system and treaties generally require domestic legislation before becoming enforceable.
What is sovereignty?
A state's independence and authority over its own territory and people.
What is the purpose of the ICESCR?
To protect economic, social and cultural rights.
What is the significance of the principle of non-refoulement?
It prevents refugees from being returned to a country where they face persecution, torture or serious human rights violations.
What is an implied right?
A right recognised by the High Court as arising from the Constitution, even though it is not expressly written in the Constitution.
Which section of the Constitution gives the Commonwealth power to implement international treaties?
Section 51(xxix), the external affairs power.
What is non-refoulement?
The principle that refugees must not be returned to a country where they face persecution, torture or serious human rights violations.
What is the right to self-determination?
The right of peoples to freely determine their political status and pursue their economic, social and cultural development.
What is the purpose of UNCAT?
To prevent torture and other cruel, inhuman or degrading treatment or punishment.
List Australia's major express constitutional rights and the major implied constitutional right.
Express rights:
Implied right:
What is one strength and one weakness of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)?
Strength: human rights must be considered when laws are proposed. Weakness: Parliament can still pass laws that are incompatible with human rights.