The UN
TRUE
Is a Declaration binding or not-binding?
Not- binding
Human rights can be defined as:
Basic rights and freedoms to which everyone is entitled based on common humanity.
Does Australia have a Constitution?
Yes
Name 3 formal statements of human rights
UDHR
ICCPR
ICESCR
False - it is a declaration!
What is a Treaty?
A formal agreement between two or more sovereign states
Vote, trial by jury, acquisition of property on just terms, freedom of religion, freedom from discrimination based on state of residence
What section of the Constitution gives permission to the Federal Government to make laws in implementing international treaties?
s 51
Name 3 articles of the UDHR
Examples may include:
article 1 - right to be free and equal
article 4 - right to not be held in slavery or servitude
article 14 - right to seek asylum
article 23 - right to work, to equal pay & just/favourable conditions
article 26 - right to education
What is the difference between the ICC and the ICJ?
ICC is the International Criminal Court - This court does not deal with disputes between nations, rather it deals with individuals or groups who have committed a crimes that are so large in scale and so offensive that they are seen as crimes against the international community.
ICJ is the International Court of Justice - The function of this court is to deal with disputes between member countries which are bought to them by member countries. It is a useful body for resolving disputes between nation states.
What is it called when the parliament signs and implements a Treaty signed by the Government into domestic law?
Ratification
What are implied rights?
Rights that are not explicitly stated in the Constitution, however they do exist
What is the constitution?
A document which spells out the principles by which a government runs the fundamental laws that govern a society
What is the division of powers and how is it an example of a domestic response to human rights?
Section 51 of the constitution divides powers between state and federal government.
This means that no one government is given complete control over our lives and ensures a tyrant would not be able to pass hugely restrictive laws over every part of our lives, including human rights issues.
Describe the General Assembly and it's role.
The General Assembly is the main forum for the United Nations. All 193 member states are free to raise issues and propose and vote on declarations. The general assembly will also funds the United Nations Human Rights Council (UNHRC) which reports to the council on human rights abuses.
TRUE OR FALSE..
When a country wants to sign an international treaty it first must be approved by parliament
TRUE
Summarise the implied right of political communication
Freedom for people to freely discuss political and governmental matters
What is the Separation of Powers?
Constitutional division of powers among the legislative, executive, and judicial branches
What are NGOs and what role do they play in protecting and/or enforcing human rights?
Non-Government Organisations are groups of people who focus special issues of concern and seek to put pressure on government to change current a particular situation in areas government are unable or unwilling to act. Throughout the world there are hundreds of NGOs which attempt to improve human rights in one form or another.
The Security Council is an organisation of the UN. There are 15 members of the SC, 5 of which are permanent. List all 5 countries.
Russia, USA, France, UK and China.
Is this a treaty?
International Convention on the Elimination of All Forms of Gender Inequality
No
What is an advantage AND disadvantage of the Bill of Rights?
- Brings us up to par with other English speaking countries
- Elevates certain universal rights
- Empowers individuals to be wary of their rights
- Prevents Parliament from infringing on certain rights
- Protects minorities
When did the Australian Constitution come to effect?
a) 1901 b) 1902 c)1927
1901
Name FIVE themes and challenges in the human rights syllabus
the changing understanding of the relationship between state sovereignty and human rights
issues of compliance and non-compliance in relation to human rights
the development of human rights as a reflection of changing values and ethical standards
the role of law reform in protecting human rights
the effectiveness of legal and non-legal measures in protecting human rights.