General Knowledge (Human Rights)
What is the method called for changing the Australian Constitution? Explain it briefly.
To change the Australian Constitution a referendum needs to be held. It requires a proposal to be approved by the Australian people in a public vote by a double majority.
What does UDHR stand for?
Universal Declaration of Human Rights
List three ways Human Rights is protected.
E.g. Through the Australian constitution, Common Law & Statute Law.
What does the term Abrogate mean?
To abolish or cancel a law.
What does the term 'conflicting attitudes' mean?
When there is a disagreement between individuals/groups in regards to beliefs, values and preferences.
What is a double majority?
A double majority is a voting system required to pass a referendum. Where the majority of all voters in Australia (Over 50%) and the majority of the states & territories (At least 4 states) vote yes, only then can a change to the Australian constitution can be made.
What is the purpose of the UDHR?
The UDHR is an international document that Australia is apart of and it outlines the basic rights and fundamental freedoms to which all humans are entitled to.
Explain the Australian constitution.
The Australian constitution is a document that outlines how Australia is to be governed, it creates the Commonwealth Parliament and provides details on law-making powers.
What does the term codify mean?
It means to arrange laws, rules or regulations into a systematic code. Can involve taking judicial decisions or legislative acts and turning them into codified laws.
What could be the conflicting attitudes during the case of the AUS 2020 pandemic lockdowns? Relate this back to human rights.
The Government introduced lockdown regulations in Australia during the outbreak of COVID-19 (2020) and although they were arranged with the intent of slowing/stopping the outbreak they were implemented without warning or notice in some areas. Many individuals made complaints, and some reports from the Victorian Ombudsman found that the implementation of the lockdowns without any prior notice was not compatible with the peoples human rights.
What is the definition of 'Human Rights'
The basic freedoms or standards that promote and uphold the dignity of all people, usually guaranteed through moral, duty and the law.
How many countries have adopted the UDHR?
It has been adopted by 192 members of the UN.
What is the difference between Statute Law and Common Law?
Statute law are laws created by the commonwealth, state and territory parliaments that protect a wide range of human rights.
Common law are laws established and enforced by the courts.
What is an express right? Provide one example.
The AC protects 5 express rights, they are rights that explicitly stated/entrenched into the wording of the constitution and can only be removed/altered by changing the words of the AC.
e.g. The right to free interstate trade & commerce (s.92), The right to not be discriminated against by the commonwealth on the basis of state where you reside (s.117), the right to receive 'just terms' when property is acquired by the commonwealth (s.51 XXXI), the right to a trial by jury for commonwealth indictable offence (S.80). The right to freedom of religion (s.116).
How does the Bondi Stabbings (2024) case relate to the issue of Human Rights?
A consequence of the the Bondi Stabbings were the false claims and speculations made about the killer. There were speculations about their culture, religion and background and many people online expressed Islamophobic and anti-immigrant sentiment. The racial discrimination and generalisation of a community outcome of this case relates to how it impacts human rights.
What are three examples of human rights?
e.g. Right to vote, right to privacy, freedom speech, right to education, freedom to religion, etc.
What are the two types of international agreements called?
Bonus points if you can explain them.
International treaties and International declarations.
Treaties are a legally binding agreement between countries where they agree to undertake/follow obligations set out in the agreement. They can create local laws from these agreements.
Declarations are a non-binding agreement between countries that set out the aspirations/hopes of the parties to the agreement.
What are 2 examples of human rights that is protected by Statute law?
E.g. The right to privacy, the right to security of person, the right to freedom from discrimination, the right to vote.
What are two examples of human rights that are protected by common law?
e.g. The right to silence, the right to a fair trial, the right to legal representation, the right of transgender people to marry.
The Australian Indigenous Voice referendum was held in 2023. Provide a brief explanation of the case as well as how it relates to the topic of Human rights.
The referendum was about changing the AUS constitution to recognise First Peoples of Australia by establishing a body called the Aboriginal and Torres Strait Islander Voice. It's purpose was to officially recognise Aboriginal and Torres Strait Islander people as the First People of Australia, allow them to be represented in parliament and give them power to make laws in respects/matters to them. This referendum did not pass.
Provide and justify two reasons why a law may need to be reformed.
E.g. Reformed to provide greater/strengthen protection over a human right, to adjust to the changing times and reflect on the current morals of society, to adjust to different pressures, etc.
Answers may vary.
What is one example of an international treaty or declaration. Briefly explain your treaty/declaration (Cannot be UDHR)
eg.
Convention relating to the status of refugees [1950]
International Convention on the Elimination of All Forms of Racial Discrimination (1965)
Convention on the rights of persons with disabilities [2006]
Declaration on the rights of indigenous people [2007]
Explain two strengths and two weaknesses about statute law protecting human rights.
Strengths: Parliament can create and amend existing laws to further protect human rights, Statue law is often detailed and precise rather than implied, They are generally enforceable and required to be recognised by government organisations, parliament can pass laws quickly if there is a need to promptly protect additional human rights.
Weaknesses: Parliament can also amend statutes to restrict or cancel existing human rights, parliament can include exemptions/limitations/restrictions so their statutes are not absolute, statutes do not always award damages if human rights are breached, statute laws are not as well protected as constitutional laws.
Explain two strengths and two weaknesses of common law in protecting human rights.
Strengths: Courts are independent of parliament & can establish precedent free from political pressure, courts can establish decisions in areas Parliament has not, Courts can highlight the gaps in the law and encourage parliament to create changes, historically courts have protected human rights without being interfered by parliament.
Weakness: Common laws are not so easily defined, courts have to wait for specific cases to be able to declare the existence of a human right, parliament can still abrogate common laws, courts are often reluctant to recognise certain human rights.
Describe a real case study/event that YOU know that relates to Human rights. (One that hasn't already been discussed on the Jeopardy board)
Answers will vary.