Development of Rights
What does UNHDR stand for?
Universal Declaration of Human Rights
Define Human Rights
Human rights are the basic freedoms and protections that belong to every person in the world from birth, regardless of their nationality, race, religion, gender, or background
Name the three ways that Australian's rights are protected?
Common Law, Statute Law, the Australian Constitution
Define 'unconstitutional'
Unconstitutional means a law, rule, or action goes against the supreme rules of a country (the constitution) and is therefore invalid
Define implied and express rights
Implied rights are not explicitly written in the Constitution, instead High Court has interpreted sections of the Constitution to give rights
Express writes are entrenched in the wording of the Constitution
Name one human right that has faced issue in Australia in the 2000s
- Right to marriage
- Right to vote
Statute Law
Who is Roach?
She was an First Nations woman serving a prison sentence in Victoria
What is the main purpose of the UNHDR?
To establish a common international standard of human rights
Name on group that faces challenges to accessing the right to vote
- Prisoners
Which method of protection can only operate retroactively (when a case is presented) but can fill in gaps where rights don't exist?
Common Law
What Act was challenged by Roach
A 2006 Act that prohibited all prisoners serving a sentence of imprisonment from voting in federal elections, regardless of the length of their sentence.
How does the UNDHR become binding on Australia
It has to be ratified by parliament in Australian Statute
How did the Right to Vote arise in Australia?
High Court has interpreted sections 7 and 24 of the Constitution as protecting a ‘qualified’ right to vote
Why is it an advantage that a referendum is required to change the Constitution?
- Our rights cannot be taken from us easily
- The majority have to agree before our rights change
- We are informed when it entrenches our rights
Why did Roach challenge the law?
She argued that the ban was inconsistent with the Australian Constitution, particularly the requirement that members of Parliament be directly chosen by the people under sections 7 and 24.
Name the key limitation of the UNDHR
It is a declaration of principles rather than a legally binding international treaty.
What principle of the Consitution protects our Right to Vote
Representative government
Why is it disadvantageous that referendums are required to change the Constitution?
- We can't easily add rights
- Referendums are time consuming
- Referendums are very confusing and expensive
- Referendums usually fail, so it is not likely that we'll add more rights
What changed after Roach?
1. The Australian Government could no longer prevent every prisoner serving a sentence of imprisonment from voting in federal elections.
2. The High Court ruled that a blanket ban was unconstitutional because it was inconsistent with the Australian Constitution’s system of representative government.
3. Prisoners serving sentences of less than three years could vote in federal elections.