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72 Cards in this Set

  • Front
  • Back

Human Rights

Human rights in a general sense, basic rights and freedoms believed to belong to all human beings




Basic rights and freedoms believed to belong to all human beings

UDHR

A declaration of rights adopted by the UN in 1948; the first universal acceptance of the idea of human rights and the reference point to all subsequent human rights treaties



The Universal Declaration of Human Rights is an international document that states basic rights and fundamental freedoms to which all human beings are entitled.

Inalienable Rights

A right that cannot be taken away

Natural Law

The theory that certain laws come from an unchanging 'natural' body of moral principles that are the basis of all human conduct, and so have validity everywhere


Self-Determination

The right of people of a territory or national grouping to determine their own political status and how they will be governed. First recognised as a right in UN Charter article 1(2) and 15Examples include:

Universal Suffrage

The right of all citizens to vote in political elections, regardless of gender, race or creed


Labour Rights

Rights at work, including right to safe working conditions, minimum wages, paid leave or to join a trade union

Universal Education

Free and compulsory education for all children

Right to Peace

The right of citizens to expect their government to do all in its power to maintain peace and work towards the elimination of war

Slavery

A type of forced labour in which a person is considered to be the legal property of another

Debt Slavery

Slavery in order to pay off a loan with forced labour rather than money

Transatlantic Slavery Trade

The trading of African people by Europeans, who transported them as slaves from Africa to the colonies of the New World

Abolitionism

A worldwide political movement that sought to abolish slavery

International Labour Organization (ILO)

International Labour Organisation - an international agency of the United Nations, created with the aim of improving working conditions worldwide1919, discussed social reforms and put them into practice, an agency of the League of Nations

International Convenant onI Economic, Social and Cultural Rights (ICESCR)

The binding international treaty creating obligations on states to respect economic, social and cultural rights of individuals

Labour

Physical work - Building, Giving birth, toil (Slave)

Labor

Labor is an Australian left-wing political party that follows in line with the democratic party of the USA

Trade Unionism

An organized association of workers in a trade, group of trades, or profession, formed to protect and further their rights and interests.

Suffrage

The legal rights to vote in a democratic election

Collective Right

A right belonging to a group or a people, as opposed to an individual rights

Fascism

An Authoritarian system of government that is opposed to democracy and is marked by the state having total control over the economic, social, cultural and political life of the people

Four Freedoms

Freedoms for all people called by Franklin Roosevelt in 1941:




Freedom of speech and conscience




Freedom from fear and want

Hard law

Covenants and treaties that under international law create legally binding obligations

Human Trafficking

the commercial trade/trafficking of human beings for the purpose of some form of slavery; usually recruiting, transporting or obtaining a person by force, coercion or deceptive means

Industrial Revolution

the rapid development of industry in the 18th and 19th centuries, characterised by changes in manufacturing, agriculture and transport

International Bill of Rights

The informal term collectively describing the UDHR, ICCPR and ICESCR combined

International Covenant on Civil and Political Rights (ICCPR 1966)

The binding international treaty creating obligations on states to respect the civil and political rights of individuals

International Customary Law

Actions and concepts that have developed over time to the extent that they are accepted by the international community and have become law

Non-Government Organisations (NGOs)

Independent non-profit groups that often play an important role in advocating, analyzing and reporting on human rights worldwide

Positivism

The theory that laws are valid simply because they are enacted by authority or form existing decision, and that moral considerations do not apply

Ratify (ratification)

Sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.

Soft law

International statements, such as declarations, that do not create legal obligations upon states but do create pressure to act in accordance with them

Suffragette

A support of women’s right to vote (or women’s suffrage); the term was first used in Britain at the end of the 19th century

Office of the United NationsHigh Commission of Human Rights

UN Human rights office responsible for monitoring and reporting on human rights worldwide.

Residual Power

Government powers that are not listed in section 51 of the Australian Constitution as legislative powers of the Commonwealth Parliament and thus belong to the states

Resolution

Decisions passed by the UN General Assembly or Security Council; when passed by the security council they can be legally binding on all member states.

Secretariat

The UN administrative body, headed by the UN Secretary-General contains the departments and offices of the UN

Separation of powers

Preventing one person or group from gaining total power by dividing power between the executive, the legislature and judiciary.

State

A government and the people it governs; a country Montevideo Convention of Nation States 1933 To be a state it must have:


Effective government


Defined boundary


Constant population


Ability to enter into international relations

State Sovereignty

The authority of an independent state to govern itself (E.g. to make and apply laws; impose and collect taxes; make war and peace; and form treaties with foreign states)

Trusteeship Council

Inactive since 1994 but originally responsible for overseeing transition of UN trust territories after decolonisation

UN General Assembly

The UN organ representing all UN member states; acts as a forum for global discussion and runs numerous committees and programs

UN Human Rights Council

UN forum of member states responsible for overseeing and making recommendation on human rights in all member states

UN Security Council

The UN organ responsible for maintenance of international peace and security; has power to authorise military action and other measures

Delegated legislation

Refers to legislation made by government agencies and the Governor-General under authority of Acts of Parliaments, which delegate this power to agencies.

Division of Powers

How powers are divided between the federal and state governments

Dualist system

A legal system that does not deem treaties enforceable domestically until and unless they are incorporated into domestic law, usually by passing similar legislation.

Economic and Social Council

The UN organ that acts as a forum for international economic and social cooperation and development

Express Rights

Rights that are included (Written) in a document.

Heads of power

Power listed in section 51 and 52 of the Constitution: the areas that the commonwealth can legislate

Heads of power

Power listed in section 51 and 52 of the Constitution: the areas that the commonwealth can legislate

Implied rights

Rights that can implied through the text, structure, or purpose of a document.

Incorporation

The process by which a country enacts a treaty into domestic law.

International Court of Justice

The principal judicial organ for the UN; has jurisdiction to hear disputes submitted by member states and issue advisory opinions.

International Crime

A broad term covering any crime that is punishable by a state, but that has international origin or consequences, or a crime recognised by the international community as punishable.

International humanitarian law

A body of internal law development from the Geneva and Hague conventions that deals with conduct of states and individuals during armed conflicts; also known as the law of armed conflict

Monist System

A legal system that deems treaties enforceable in domestic law as soon as they have been signed

Nations

A people that share a common heritage, language or culture and sometimes a common race.

Public Instruction Act 1880 (NSW)

Led to the government taking control of all the church-run schools, except those run by the Catholic Church, and making education free, secular and compulsory. (Universal Education)

UN Declaration of the Rights of Indigenous Peoples (2007)

A non-binding declaration on member states, has only been rejected by four states - including Australia. A number of other states have abstained from voting. (Self-Determination)

African Charter on Human and Peoples’ Rights (1981)

Has been adopted by 53 African states, includes the right to a satisfactory environment under Article 23. (Environmental Rights)

American Convention on Human Rights (1988)

Under the Organisation of American States, includes in it’s second Protocol the explicit right to a healthy environment and the obligation of state parties to protect, preserve and improve the environment. (Environmental Rights)

Stockholm Declaration (1972)

Was the first international conference to focus on the global environment and was motivated by concern about regional pollution that crossed national boundaries (acid rain in Europe). It inspired attempts to hold international conference’s with a global environmental focus every 10 years since. Contains four key themes:


- States have a responsibility to manage their environment and are accountable to their neighbours


- All people have a right to an adequate environment


- There is a need for intergenerational equity


- There is a need for international cooperation

Rio Declaration (1992)

Established in the 1992 Rio Conference, outlines 27 principles to guide states in environmental behaviour and is a significant attempt by the international community to deal universally with specfic environmental threats. It is not, however, a universal recognition of environmental rights. (Environmental Rights)

Kyoto Protocol (1997)

The Kyoto Protocol is an addition to the UN Framework Convention on Climate Change, which sets binding targets for 37 industrialized countries and the European to reduce their greenhouse gas emissions by 5% by 2012. The protocol is a significant attempt by the international community to deal universally with specfic environmental threats. It is not, however, a universal recognition of environmental rights. (Environmental Rights)

Treaty of Versailles (1919)

One of the treaties which officially ended WW1. Was produced by the victorious countries of WW1 from the Paris Peace Conference at Versailles. (Peace Rights)

Declaration on the Right of Peoples to Peace (1984)

The Declaration on the Right of Peoples to Peace is a non-binding UN declaration adopted in 1984, which states that all ‘peoples of our planet have a sacred right to peace’. It also declared that government policies, when promoting and implementing the right to peace, should be directed towards:


- Elimination of the threat of war


- Renunciation of the use of force in international relations


- Settlement of international disputes by peaceful means on the basis of the UN Charter(Peace Rights)

R v Knowles; ex parte Somersett (1772) 20 State Tr 1

A case in 1772 which led to the judgement by the judge Lord Mansfield and the Court of the King’s Bench that slavery was no longer legal in England. This occurred during a period where abolitionism was growing, and Africa, Indian and East Asian slaves were still being brought to England to work as servants. The judgement did not affect slavery elsewhere in the British Empire. (Abolitionism)

United States v Libellants and Claimants of the Schooner Amistad 40 U.S (15 Pet.) 518 (1841)

An 1841 case in Connecticut, revolved around the central issue of the US Supreme Curt deciding whether African slaves who mutinied on a ship against slave-traders should be freed or sent back into slavery. (Abolitionism)

Universal Declaration of Human Rights (1948)

The Universal Declaration of Human Rights is an international document that states basic rights and fundamental freedoms to which all human beings are entitled.

International Covenant on Civil and Political Rights (1966)

The ICCPR is a key international human rights treaty, providing a range of protections for civil and political rights. The ICCPR, together with the Universal Declaration of Human Rights and the International Covenant on Economic Social and Cultural Rights, are considered the International Bill of Human Rights.

International Covenant on Economic, Social and Cultural Rights (1966)

The ICESCR defines a broad set of rights related to the economic, social, and cultural elements of life that states must provide to their citizens. Specific rights relate to:


Housing


Education


Labor


Environment


Health


Cultural rights (including language and religion)


Self-determination