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24 Cards in this Set
- Front
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The definition of humanrights |
Human rights areuniversally recognised interests, liberties and entitlements associated withrespect for human dignity and freedom |
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What does the United Nations Universal Declaration of Human Rights (1948) say about human rights? |
"Whereasrecognition of the inherent dignity and of the equal and inalienable rights ofthe human family is the foundation of freedom justice and peace in theworld." |
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Magna Carta (1215) |
Protected the rights of the richand powerful Drafted to resolve power strugglebetween King John and his nobles Includes: no right for the monarchto introduce taxes without consultation of parliament, no right to imprison a free manwithout trial and no right to deny a person the right to travel |
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English Bill of Rights (1688) |
Refers to parliamentary power - power of taxation, parliamentary freed of septic and control of the army Brought a permanent transfer of power from the monarch to the Parliament |
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United States of America Bill of Rights |
Contained the 10 amendments to the US constitution, freedom of press, freedom of speech, right to bear arms, right to a speedy trial, right to silence, protection from double jeopardy etc. |
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Definition of slavery |
Slavery: the description of circumstances where a personis completely under the control of another |
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Abolition of slavery + fist place to outlaw slavery |
Movementto abolish slavery began in 18th C Denmark war the first European state toabolish slavery in 1792 |
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Abolition of Slavery - Britain + USA |
Britain - Emancipation Act 1833 - William Wilberforce USA - 13th Amendment to Constitution 1865 HOWEVER outlawed importation not ownership |
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Slavery Conventions + case |
SlaveryConvention 1926 required signatories to end slavery New SupplementaryConvention on the Abolition of Slavery came into force in 1956 TheQueen v Tang (2008) a brothel was found guilty ofintentionally exercising a power of ownership over a slave, regarding the sexualservitude of a number of women in Melbourne |
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Universal Suffrage |
Suffrage:the right to vote in government elections May be a human right - voting permitsvoter a say in the determination of government |
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Voting in Aus |
First elected body in NSW (legislative council 1842) had very restrictedsuffrage - male, own certain amount of land NSW granted universal male suffrage in 1858 NZfirst nation in 1893, Aus 1902 Article 21(3)UN Universal Declaration of Human Rights |
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Universal Education |
Article26(1) UN Universal Declaration of Human Rights: “Everyone has theright to education. Education shall be free, at least in elementary andfundamental stages. Elementary education shall be compulsory. Technical andprofessional education shall be made generally available and higher educationshall be equally accessible to all on the basis of merit |
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Environmental rights |
Rightto clean and safe environment - pollution, global warming, exotic disease The StockholmDeclaration 1972, the Rio Declaration 1992 and Kyoto Protocol 1997 - moved the world towards a moresustainable future Environmentallaw protects intergenerational equality - aim to achieve ecological sustainable future |
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Peace Rights |
Setout in non-binding UN General Assembly resolution Declaration on the Right of Peoples toPeace 1984 Recognisedin nuclear era, lasting peace represents the primary condition for thepreservation of civilisation/survival of human race Nuclear Non Proliferation Treaty |
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Universal Declaration of Human Rights (1948) |
Developed after WWII Includes rights such as: life, liberty, security, thought, religion, education,work, equality of movement, asylum, trade union membership, adequate standardof living, freedom from slavery/torture Not binding |
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How do HR become part of Aus law? |
Human rights treaties orcovenants do not become law in Australia until they are incorporated into lawspassed by parliament - need to be ratified |
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TheConstitution |
Setsout some specific human rights e.g. religious freedom, right to vote/property/right to fair trial (Dietrich) |
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Divisionof powers and separation of powers |
Separationof powers: judiciary, legislature and the executive act as a check and balanceon each of the others to prevent an abuse of power Division of powers:allocation of legislative powers between states and Commonwealth |
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Limitations of CommonLaw |
Limitation of the capacity of the common law to protect human rights isthat it may be reversed by legislation à parliament has the authority to overrule common law rights (e.g.abolition of double jeopardy) |
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Law on genocide |
Convention onthe Prevention and Punishment of the Crime of Genocide 1948 |
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Rwanda |
April to July 1994 Hutus killed Tutsis (1 mill in 100 days) 6th - Ntaryamira plane shot down Hutu president killed Soldiers brought in - slaughtered - lead to the pull back of Belgium soldiers |
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Examples of genocides |
Bosnia and Herzegovina (ethnic cleansing) EastTimor (Indonesian military orchestrated mayhem following the independence votein 99) Darfur (Sudan – Janjaweed militia bring rape, death and destruction toinnocent civilians in their campaign of ethnic cleansing) Cambodia (killingfields of the Pol Pot regime) |
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International Criminal Tribunal for Rwanda (ICTR) |
Est.by UN SC Prosecutesthose responsible for genocide/serious violations of international lawcommitted in Rwanda between 1 Jan – 31 Dec 1994 |
