Foundations of Human Rights
What does the term human rights mean?
Basic, inalienable freedoms and entitlements that belong to all humans.
What does UDHR stand for?
Universal Declaration of Human Rights.
What right was protected in Roach v Electoral Commissioner
Right to Vote
Name one human right protected by the Constitution.
Freedom of religion (s.116), right to vote (s.41), trial by jury (s.80).
How can the media influence human rights?
By explosing abuses and pressuring governments.
Define 'crime'
An act or omission resulting in harm to society that is punishable by the state
Name one civil/political right and one economic/social/cultural right.
civil/political: right to vote, right to a fair trial
economic/social/cultural: right to work, right to a adequate standard of living.
Which year was the UDHR adopted?
1948
What was the significance of the Mabo case in Australia?
It recognised native title and overturned the legal doctrine of terra nullius.
What is the role of the Australian Human Rights Commission?
Investigates complaints, educates, advises government.
Name two examples of NGOs that protect Human Rights
Amnesty International and Human Rights Watch
Distinguish between actus reus and mens rea using an example.
Actus reus - physical element (physically murdering)
Mens rea - mental element (e.g. intention to kill)
Identify the four characteristics of Human Rights
Inalienable, Indivisible, Universal, Inherent
Name one binding UN human rights treaty.
ICCPR or ICESCR.
What are two ways that the High Court can protect human rights?
- Common law rights
- Invalidating legislation that violates the Constitution through the separation of powers
Identify two examples of statute that protect human rights.
Anti-Discrimination Act, Native Title Act, Modern Slavery Act
Who are the five permanent members of the UN security council?
China, France, Russia, UK, US
Identify 3 factors that affect criminal behaviour.
Economic, Self-interest, psychological, political.
Explain the principle of universality.
Rights apply equally to all people everywhere.
What is the role of the ICCPR?
Protect from oppressive governments
What was the precedent set in R v Tang?
The High Court held that the prosecution had made out the required elements of the offences and did not need to prove what Ms Tang knew or believed about her rights of ownership. The prosecution did not need to prove that she knew or believed that the women were slaves that she owned (like you would own a piece of property).
What is one argument in favour of a Charter of rights?
Clearer and more accessible human rights law.
Explain two limitations of the ICC in protecting human rights.
Powerful countries like US, China have not signed the Rome Statute
Distinguish between social and situational crime prevention with 2 examples of each.
Situational - preventing crime in the moment (alarms, CCTV)
Social - addressing the causes of crime (rehabilitation, education, community programs).
Name two historical movements that helped shape modern human rights.
The abolitionist movement against slavery and the women’s suffrage movement.
What is the difference between the Human Rights Council and the Human Rights Committee?
Council: receives complaints, does the UPR.
Committee: Monitor ICCPR.
Explain Australian Capital Television v Commonwealth (1992)
In 1991, the Commonwealth passed statute banning individuals and organisation from advertising on radio and television during election campaigns. The High Court found that although the Constitution does not expressly protect the freedom of speech, it does require citizens to vote for representative government, which implies a freedom of political communication. Australians need to be able to advertise and discuss their views, policies and opinions so that voters can make an informed decision.
What are TWO arguments against a Charter of Rights in Australia?
"Patchwork" system already exists.
A charter of rights may become quickly outdated.
Give three examples of independent statutory authorities.
Human Rights Committee
Committee on Economic, Social and Cultural Rights
Committee on the Elimination of Discrimination Against Women (CEDAW)
Identify FIVE differences between summary and indictable offences.
Less serious v more serious offences
Local court v District/supreme court
Magistrate v Judge + Jury
Low sentences v High sentences
Police prosecutor v DPP prosecutor