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Short Response Topic 1, Key Terms, Extended Reponse, Short Response Topic…
Short Response Topic 1
Human Rights:
inalienable (can't be taken away/no one can agree to give the up)
inherent (birth right of all humans)
indivisible (equally important)
universal (apply to everyone regardless of nationality, gender or status)
Process by which treaty obligations translate into deomestic law
International Bill of Human Rights
International Covenant on Civil and Political Rights (1966) (ICCPR)
binding
absolute
Purpose =
encourages the development of basic civil + political rights
Examples =
right to vote
International Covenant on Economic, Social and Cultural Rights (1966) (ICESCR)
binding
progressive realisation
Purpose =
encourage economic (money, e.g. minimum wage), social (how people work within a society. e.g. healthcare), and cultural (e.g. protection of religion/cultural ways)
Examples =
education, healthcare, housing
Universal Declaration of Human Rights (1948) (UDHR)
non-binding
customary international law
Purpose =
to create a universally agreed outline of human rights + inherent dignity of all members of the human race
Examples =
right to life, right to liberty, free speech, privacy, social security, health, education (30 Articles)
International Convention on the Elimination of All Forms of Racial Discrimination (1966) (ICERD)
Discrimination-->ICERD-->Ratification
Racial Discrimination Act 1975 (Cth)
Status of Refugees
Convention Relating to the Stats of Refugees 1951
Under this Convention a refugee is a person who:
is outside of their own country
has a well-founded fear of being persecuted due to race, religion, or nationality
is unable or unwilling to return to their country
Protocol Relating to the Status of Refugees 1967
the signing of this protocol removed the time limit and made the 1951 convention apply to all refugees, not just people from Europe
Convention on the Elimination of All Forms of Discrimination against Women (1979) (CEDAW)
Discrimination-->CEDAW-->Ratification
Sex Discrimination Act 1984 (Cth)
Convention on the Rights of the Child (1991) (CRC)
Child-->Obligations-->Categories
Convention on the Rights of Persons with Disabilities (2006) (CRPD)
Disability Discrimination Act 1992 (Cth)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) (UNCAT)
Age Discrimination Act 2004 (Cth)
Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)
Rights of states
Magna Carta 1215
Role of the Constitution in protecting express and implied rights in Australia
Key Terms
Covenant:
an agreement between two or more nation states
States:
a recognised political entity with defined borders, a government and sovereignty
Multilateral:
an agreement involving three or more parties that aims to address common issues that affect all parties
Bilateral:
involves two parties
Bill of Rights:
a formal declaration of the rights and freedoms guaranteed to individuals within a particular country or jurisdiction
Treaty:
a legally binding agreement between two or more states or international organisations
Charter:
a foundational document that outlines the principles and goals of an organisation or institution
Convention:
an international agreement that lays down standards or rules for how states should handle certain issues
Human Rights:
fundamental freedoms and protections that belong to all humans, regardless of nationality, ethnicity, religion, gender, sexual orientation, age, ability, or background
Sovereignty:
refers to the supreme authority of a state to govern itself and make its own laws without interference from external bodies
Ratification:
the formal approval for a treaty or agreement by a state
Reservation
: when a nation-state does not wish to be bound by every provision in a treaty so ratifies only the parts of the treaty by which it does agree to be bound
Accession:
when a nation-state enters into a treaty that has already been formed after it has been negotiated and signed by other states (different from ratification as it occurs when a country signs up to a treaty already in force and signed by other states)
Protocol:
a document that is legally binding that allows alterations and amendments to the main treaty
Extended Reponse
Viewpoint 1
Viewpoint 2
Nature & Scope
Legal Alternative
Reccomendation
Short Response Topic 3
Resolving Human Rights Complaints
Lobbying
Lodging complaints
Protesting
Tribunal/court action
The Role of Groups in Protecting Human Rights