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9 Cards in this Set

  • Front
  • Back

Definition of human rights

Fundamental rights inherent in every individual on the basis of humanity. These are universal, inherent, inalienable and indivisible.

The abolition of slavery

This is an individual right for a person to be able to make fundamental decisions regarding their life and to be free from ‘ownership’ by another human.




Law reform


- abolition began as early was the 12th century


- the transatlantic slave trade in the 1800s


- France in 1794


- 1926 slavery convention first example of international law reform


UDHR 1948 and ICCPR significant slavery still exist today

Trade Unionism

The individual right of a person to partake in a trade union in order to secure better labour rights, such as pay and working conditions.

Universal Suffrage

The individual right of all people to vote in a democratic election.




Law reform has had a significant role in the recognition of universal suffrage. Originally, the only people allowed to vote were men of a higher class as there was a mistrust in the general population. However, the Representation of the People Act 1918 (UK) allowed the whole male population the right to vote. In 1893, New Zealand became the first country to give women the right to vote. The Australian state of South Australia followed in 1894, with the Australian Commonwealth granting women’s suffrage in 1902. However, total suffrage was not granted in Australia until 1963, when Indigenous people were given the right to vote regardless of their state voting rights. The right to vote was recognised as a universal human right in Article 21 of the

Universal education

The individual rights to have fair access to free and compulsory education for all children. The UDHR stipulates this should be a minimum of completing primary school.




Universal education is the idea that all human beings have a right to an education. Education was often associated with wealth and power. This was until the 19th century, when education was first recognised as a societal need. With increasing demands of industrialisation and the need for an educated population the British Parliament passed the Education Act 1870 (UK), which made education compulsory for children up to the age of 10, quickly followed by France in 1880. This had a global impact, as both countries had large colonial control. A similar law was introduced in NSW, with the establishment of the Public Instruction Act 1880 (NSW), making education free and compulsory at a primary level. These law reforms represented the need for education acknowledged as an international right, when in 2001 all members of the UN began to push to improve access to education globally at the primary level.

Self Determination

The collective right of a sovereign group of people to govern themselves without undue external interference. This may apply to Indigenous peoples having the right to determine their political status.

Environmental rights

The right of people to exist in a safe and healthy environment favourable to their development. May include clean water, clean air, right to life etc.

Peace rights

Peace rightsThe right of people to live free from war and conflict. Linked to the right to life.

Major human rights documents

The universal declaration of human rights (1948)


lacks legal status (soft law) thus is not bindingInternational customary law because it's so widely accepted


influences treaties, constitutions and domestic laws in member states




international covenant on civil and political rights (1966) ICCPR


-right to life, freedom of thought and religion


-right of minorities to enjoy culture




74 signatories and 168 parties however 29 have not signed or ratified it. E.g China




- not directly enforceable in Australia because we are a dualist system, requiring our international obligations to be enshrined within domestic laws. UN CROC was placed in the young offenders NSW


- Article 1 ICCPR is reflect in privacy act 1988 (cwth) - freedom from unlawful interference with privacy


- demonstrates the dualist system




International Conveant on Economic, social and cultural rights (1966) ICESCR


This is hard law and binding on nation states, imposes obligations to provide minimum essential levels of rights




- basic education and health care


- 2015; 164 and further 125 who have signed but not ratified it




- not directly enforceable in Australia because of the dualist system- articles 6 and 8 ICESCR right to work and join a trade union are reflected in the fair work act 2009 (cwth)




- article 13 right of everyone to access free education is reflected in the education act 1990 NSW