Core: Human Rights Flashcards

Question

self determination dom rec.

Answer 1

Independence of East Timor: gained the right to Independence/self-determination from Indonesia in 2002 Former Yugoslavia Republic: formed after WW1, made up of Bosnia, Herzegovina, Croatia, Macedonia, Montenegro, Serbia, Slovenia. Slovenia and Croatia sought independence in 1991, Macedonia, Bosnia and Herzegovina in 1992, leaving only Serbia and Montenegro

Answer 2

The Declaration on the Rights of Indigenous Peoples: passed in 2007, created framework for laws to make sure issues are addressed, working directly with Indigenous communities.

Answer 3

calls for structural reform  ‘establishing new relationships between First Nations and the Australian Nation based on justice and self-determination, where indigenous cultures and peoples can flourish and we all move forward.’  Reforms include: voice; a voice to parliament would be a representative body giving Aboriginal and TSI people a say in law and policies affecting them, treaty and truth  Referendum regarding this is being planned atm, therefore no legal achievements yet.

Answer 4

VOTED AGAINST DECLARATION - At the time, the Australian government rejected the statement and PM John Howard said ‘there should only be one law for all Australians’. - In 2009 the Australian Government (Labour, Kevin Rudd) made a public statement formally endorsing the declaration. - Even though Australia has now endorsed the Declaration, Aboriginal and Torres Strait Islander people in Australia continue to face very different life outcomes than the non-Indigenous population. - The ongoing dispossession and racism towards Aboriginal and Torres Strait Islander people contribute to the huge gaps in health, life expectancy and imprisonment rates today. - Stats: From birth, Indigenous Australians have a lower life expectancy than non-Indigenous Australians (approx. a decade less)

Answer 5

o Dozens of treaties have been signed in the US and Canada which afford First Nations communities varying degrees of genuine self-determination, from controlling their own schooling to giving them a real capacity to generate an economic base. o Native Americans and First Nations people in Canada also have significant political structures which ensure a greater degree of power in their own communities. In Canada, they have the Assembly of First Nations. In the US, individual reservations act as partially autonomous bodies, providing their own law and policing, schooling, health, housing and infrastructure, and income through tax breaks and initiatives like casinos. o In New Zealand, Maori have seven seats which sit over the entire nation, in which only Maori can vote.

Answer 6

• Third generation rights (collective) • The combination of international environmental law and human rights ultimately aims to produce better conditions of life on earth  Deals with environmental problems such as global warming, spread of epidemics, marine pollution, depletion of ozone layer, atmospheric pollution

Answer 7

 The African Charter on Human and Peoples Rights 1931 – outlines the rights to a satisfactory environment  The American Convention on Human Rights 1988 – stating the explicit right to a healthy environment and the obligation of all state parties to protect  Stockholm Declaration 1972 – first major agreement to recognise a responsibility for protecting the environment  UN Framework Convention on Climate Change – first universal recognition of Global Warming posing a threat  Kyoto Protocol 1997 – agreement to target climate change  The Paris Agreement 2016 – accelerate anti global warming efforts, an agreement within the United Nations Framework Convention on Climate Change, dealing with greenhouse-gas-emissions mitigation, adaptation, and finance, signed in 2016.

Answer 8

the entitlement of people to live in a safe and peaceful environment, free from conflict which require global cooperation to achieve

Answer 9

 1919 Peace Conference - created the Treaty of Versailles and established the League of Nations whose primary aim was to prevent war  UN Charter (article 1, 1945) – articulated the aim to – ‘save succeeding generations from the scourge of war’  UN Security Council – was given authority to take action to restore peace  Declaration on the Rights of Peoples to Peace - , although non-binding explicitly made the link between peace and human rights  The Rome Statute – established the International Criminal Court with the power to try individuals for war crimes  Declaration on the Right to Peace 2016 – ratified by the UN General Assembly in a majority vote, although it was challenging determining the text of the declaration.

Answer 10

``` magna carta english bill of rights us declaration of independence the us constitution and bill of rights declaration on the rights of man and of the citizen ```

Answer 11

1215 Placed certain limits on the king’s power. Revolutionary at the time as the king always possessed absolute power. (Rule of Law + Separation of Powers)

Answer 12

(1688): Ensured parliament could function without royal interference. Also established some individual rights such as freedom of speech and protection from cruel and unusual punishment

Answer 13

(1776): Declared every person has the right to live their own life and to be free from the oppression of others

Answer 14

The Constitution of the US (1787) and Bill of Rights (1791): Included the separation of powers to prevent any branch of government becoming too powerful. The Bill of Rights defines the principal organs of government and their jurisdiction and the basic rights of citizens

Answer 15

(1789): Abolished the absolute monarchy in France. Included the right to a democratic government, equality before the law and right to liberty and property

Answer 16

1948 agreed to be the foundation of international human rights law. Represents the universal recognition that basic rights and fundamental freedoms are inherent to all human beings, inalienable and equally applicable to everyone, and that every one of us is born free and equal in dignity and rights. • Over the years has been translated into law, treaties, customary international law, general principals, regional agreements and domestic law • Has led to more than 80 international human rights treaties and declarations, a great number of regional human rights conventions, domestic human rights bills, and constitutional provisions, which together constitute a comprehensive legally binding system for the promotion and protection of human rights

Answer 17

The International Covenant on Civil and Political Rights • This covenant was adopted by the united nations general assembly on December 16 1996 and entered into force on 23 March 1976 • The covenant elaborates further the civil and political rights and freedoms listed in the UDHR • Under Article 1 of the covenant, the states commit themselves to promote the right to self determination and to respect that right. It also recognises the rights of people to freely own, trade and dispose of their natural wealth and resources. • Its protection of key rights, like the right to a fair trial and the equal protection of the laws, and the freedoms of speech, assembly, and association, give it a persuasive influence on countries around the world to protect and defend key rule of law principles. • The ICCPR focuses on issues such as the right to life, freedom of speech, religion and voting

Answer 18

International Covenant on Economic, Social and Cultural Rights • Cultural rights (1966), together with the UDHR and the ICCPR make up the international bill of rights. In accordance with the Universal Declaration, the covenants recognise that “the ideal of free from human beings enjoying civil and political freedom and freedom from fear and want can be achieved only if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and culture rights.” • The ICESCR focuses on food, education, health and shelter. Both covenants proclaim these rights for all people and forbid discrimination

Answer 19

The right of a nation state to control what goes on inside its borders. That no foreign state or law can interfere in another states domestic jurisdiction unless it has thee consent of that state. • Changes within state sovereignty: Globalisation: technology, law, trade etc

Answer 20

- Promotes human rights - Through enacting appropriate domestic legislation coinciding with international documents, human rights are protected through SS

Answer 21

- UN Security Council: 5 veto powers must all agree for external action on a state breaching human rights - EG. Syria: Bashar al-Assad

Answer 22

The General Assembly (GA) is the main deliberative organ of the United Nations. It is composed of representatives of all Member States, each having one vote. Because the GA discusses a large number of items, the items are delegated for discussion to six specialised committees. Most items relating to human rights are discussed in the “Third Committee” (the Social, Humanitarian and Cultural Committee) of the General Assembly. • The Third Committee concentrates on agenda items relating to a range of social, humanitarian affairs and human rights issues, such as the advancement of women, the protection of children’s rights, indigenous issues, questions relating to refugees, the elimination of racism and racial discrimination, and the right to self-determination. • Non-binding (greatest limitation) – relies on other legislation to be passed in order for it to become enforceable in society. [lacks enforcement, however very good at promotion of HR]

Answer 23

The United Nations Security Council is one of the six principal organs of the United Nations, charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter. • 15 members in total. P5: China, UK, USA, Russia, France (permanent seats on the security council, known as veto powers), alongside 10 temporary members who apply for 2-year rotations. • Make decisions regarding international peace and security, make recommendations and decisions for action including humanitarian aid, imposing economic sanctions and recommending peacekeeping operations. • Limitations: Problems of consensus, veto power of permanent 5, lack of funding by member states, lack of will by member states to participate in peacekeeping or resolutions • Potential to promote and enforce state sovereignty, however due to some nations self-interest it is very difficult to achieve

Answer 24

The Human Rights Council (HRC) is the principle UN intergovernmental body responsible for human rights. There are 47 elected members for a term of 3 years. The seats are shared between the 5 regional groups in the UN. The HRC is a subsidiary organ of the General Assembly. • An important part of the HRC’s machinery is the Universal Periodic Review (UPR) mechanism. Under the UPR the Human Rights Council reviews the fulfilment of each member state's human rights obligations and commitments. • The Complaint Procedure of the Human Rights Council addresses consistent patterns of gross and reliably verified violations of all human rights and fundamental freedoms occurring in any part of the world. Any individual or group can bring gross violations of human rights to the HRC’s attention. Complaints can be submitted by the individual whose human rights have been allegedly violated or by a third party, such as an NGO, on behalf of that person. • They handle issues such as freedom of expression, freedom of religion, torture, violence against women, the right to education and extrajudicial executions. • Raise awareness and attention, not binding as it is an organ under the general assembly.

Answer 25

UNESCO FAO WHO ILO

Answer 26

UNESCO's mission is to contribute to the building of peace, the eradication of poverty, sustainable development and intercultural dialogue, through its work in education, the sciences, culture, communication and information.

Answer 27

FAO: The Food and Agriculture Organization of the United Nations (FAO) is an agency that combats global hunger and promotes rural development.

Answer 28

WHO: The World Health Organization is a specialized agency of the United Nations responsible for international public health.

Answer 29

The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards.

Answer 30

The European Union is set up with the aim of ending the frequent and bloody wars between neighbours, which culminated in the Second World War. As of 1950, the European Coal and Steel Community begins to unite European countries economically and politically in order to secure lasting peace.

Answer 31

The Arab League's purpose, from the Pact of the League of Arab States, is to promote closer political, economic, cultural and social relations among the members

Answer 32

The purpose of the voluntary Commonwealth is for international cooperation and to advance economics, social development, and human rights in member countries.

Answer 33

established in 1998 under the Rome statute. Created the foundation of a permanent court to prosecute persons that committed war crimes, crimes against humanity and genocide.  Prosecution v. Thomas Lubanga Dyilo: first person tried by the ICC for conscripting child soldiers to be involved in ethnic clashes in the Congo; sentenced to 14 years in international prison  The ICC depends on the cooperation of the states that have ratified to turn over suspects, and help in the information gathering process to speed up and actually complete fair and efficient trials  Major flaw is the lack of participation from three permanent members of the UN security council. China has not signed the Rome statute and both Russa and US have ratified it.

Answer 34

original court, established by UN charter to act as a world court, settles disputes between states, decisions are based on the court’s interpretation of international law but non-binding.  Palestine v Israel  Australia and NZ v France 1973: Aus. And NZ governments took France to the ICJ in an attempt to ban the French nuclear tests in the pacific. France ignored the court’s ruling that they were to cease testing, but mounting international pressure forced them to switch to underground tests the following year.

Answer 35

* Faced with widespread violations of international human rights and humanitarian law in the former Yugoslavia and Rwanda in the early 1990s, the UN Security Council decided to establish two international criminal tribunals. * The International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda were set up in 1993 and 1994. Their mission is to prosecute individuals responsible for genocide, crimes against humanity and other breaches of international humanitarian law committed in the territories of the former Yugoslavia since 1991 and in Rwanda between 1 January and 31 December 1994

Answer 36

The High Commissioner for Human Rights leads the Office of the High Commissioner for Human Rights (OHCHR) and the United Nations human rights programme. OHCHR is the global authority on human rights and is a part of the UN Secretariat (administrative office). • OHCHR undertakes a broad range of activities and supports the broader UN human rights agenda. It serves as the secretariat to all human rights treaty bodies, as well as the Human Rights Council. OHCHR conducts research and organizes consultations on key human rights issues and assists countries in meeting their human rights obligations.

Answer 37

• The core international human rights treaties that have entered into force are monitored by human rights treaty bodies. One of their tasks is to review the State's obligations under a particular treaty. Each treaty body (or committee) comprises international independent experts. A principal function of the treaty bodies is to examine reports submitted by States, UN agencies, other intergovernmental organizations, NGOs, professional associations and academic institutions. After meeting with representatives from the State, the treaty bodies produce what are generally called “Concluding Observations,” which set out the principal concerns and recommendations of the treaty body. Treaty bodies report to the General Assembly.

Answer 38

• An NGO is a not-for-profit group that is independent of the government. They are organised on a local, national and international level to address issues in support of the public good and human rights. • NGOs are made up of people with a common interest and perform a variety of humanitarian functions, bring public concerns to the governments and encourage civil participation. • Operates towards human rights goals independently of governments • Establishment of NGO’s increases as concepts of human rights evolves • Examples:  Amnesty International: Promotes human rights issues, sends missionaries to aid in crisis zones - Worldwide campaigning movement that works towards the promotion of internationally recognised human rights. - Success: 2015, campaigning towards Australian government in order to secure the abolition of the death penalty in Australia.  International Committee of Red Cross

Answer 39

* Raises public awareness of human rights responsibilities and abuses * Rallies public and government action similarly to NGO’s * Increasing role of media ensures full coverage of human rights issues

Answer 40

UN High Commissioner for HR | Specific Treaty based committees

Answer 41

ICC ICJ ADHOC tribunals

Answer 42

UN: WHO, UNESCO, FAO, ILO Human rights council other: EU, arab league, comm nations

Answer 43

usual behaviour of states towards each other. A ‘rule’ is identified on the basis that states usually act in a certain way, and do so out of sense of obligation - Uniform and consistent state practice over time - The belief that such practice is obligatory

Answer 44

agreements are binding upon the parties to them and must be performed by them in good faith.

Answer 45

 Adoption: the outcomes of negotiation is generally the adoption of the text of the treaty in an international forum. Once adopted the treaty becomes ‘open for signature’.  Signature: by signing a treaty, a state indicates its intention to become a ‘party’ to the treaty. Whilst signature often constitutes the first steps in becoming a party, it does not mean that the state is bound by the terms of the treaty.  Ratifying: formal procedure by which the state indicates that it intends to be bound by a treaty. Once adopted it remains open for signature for an allocated period of time. The time allows for ratification by the necessary number of states for the treaty to “enter into force”.  Enactment/accession: varies between a dualist system and a monist system. In Australia, fulfilling treaty obligations requires Australia to enact domestic legislation

Answer 46

two important roles in protecting human rights • Lays down the system of government through which human rights are recognised, including the separation and division of powers

Answer 47

involves the separation of the branches of state: - The legislature: elected law makers in parliament - The executive: government, including ministers and agencies - The judiciary: the courts that interpret and apply the law

Answer 48

act as a check on government by ensuring that power is not to centralised. Defines the division of powers between the constitution and Australian states: - Exclusive: held by the commonwealth (currency, military, customs etc) - Concurrent: shared between CWTH and states (taxation, banking etc) - Residual: held by the states (education, hospitals, roads etc)

Answer 49

included in the constitution, include the right to vote, freedom of religion, right to trial by jury

Answer 50

not written in the constitution, but are interpreted by the high court, such as the right to political communication (freedom of speech)

Answer 51

the body of principles and laws laid down in statures by parliament and the government. Statute law has the potential to be a powerful tool, however this is not always the case as they are not fixed and can be removed through acts of a later parliament. • Can enforce and promote • Powerful tool with wide-reaching laws • Laws adopted in response to the establishment and ratification of international treaties protecting rights and some established independently by state or federal parliaments. Example: • The Racial Discrimination Act 1975 (Cth)  Maloney v. the Queen (2013) • The Migration Act 1958  ‘offshore policy’ considered to be “unlawful” and violate human rights and in direct contravention with the Refugee Convention and other international obligations

Answer 52

body of law made by the judgement of the courts. Does not offer absolute protection of human rights are they are not fixed – meaning common law rights can be removed by any act of parliament, as any legislation that conflicts with common law overrides it. • Develops independent of legislature, provides socially realistic approach to human rights breaches • Brings to light new legal concerns to do with inadequacies in Australian human rights legislation • Fails to provide real, concrete protection of individual freedom • Cannot be relied upon to develop new rights as judgements will only define rights on a case-by-case basis.  ABC v. Lenah Game Meats Pty Ltd (2001)

Answer 53

statutory body established under the Human Rights Commission Act 1986 (Cth) to deal mainly with alleged violations of the Anti-Discrimination Act 1977 (NSW), which at the time covered racial and sexual discrimination. • States and territories have equal opportunity or anti-discrimination bodies to oversee compliance with state human rights laws. It has a responsibility to:  receive and investigate complaints into discrimination and breaches of human rights  promote public awareness about human rights and provide legal advice  conduct public inquiries into human rights issues and produce recommendations  give advice and make submissions to parliament and governments on the development of laws, policies and programs consistent with human rights.

Answer 54

1997: conducted an inquiry into the separation of Indigenous children from their families (Stolen Generation). The Commission’s report recommended that the Australian Government make an apology to the victims. This recommendation was ignored for over a decade by the Coalition government. In February 2008, an apology to the Stolen Generation was made by Labor Prime Minister, Kevin Rudd.

Answer 55

• The Commission has two complaints functions: 1. The power to investigate many kinds of discrimination: including race or ethnic origin, age (young or old), disability or gender, and can also investigate workplace discrimination relating to sexual preference, trade union activity or political opinion - Commission will investigate and try to conciliate the complaint, but if cannot be resolved the complainant can take the matter to the Federal Court of Australia, which has the power to make enforceable orders on recommendation of the Commission. 2. Can hear complaints on many other human rights breaches in Australian law and international human rights law. The complainant is unable to take the matter to the Federal Court, but the Commission can make a report to the Attorney-General, who is required to table the report in parliament. While this is an important function, these findings are not enforceable and the complainant will have no right to have the wrong rectified. • The Human Rights Commission also conducts a strong educational program; social media strategy to encourage greater community engagement with human rights issues.

Answer 56

* Landmark HR cases include the Toonen Case, and the Mabo Case * Interprets constitution and acts as an important check on the separation/division of powers. HCA can declare legislation inconsistent/invalid * Case by case basis, not universal application * Power to set precedent * HCA is the most important protector of human rights

Answer 57

Researching and reporting on human rights issues, making submissions to state and Commonwealth parliaments or law reform bodies on human rights, and working in the field of human rights with victims of rights violations • Australian NGOs are important in protecting individuals’ rights, shaping public and political opinion and exposing violations of human rights by governments and individuals.

Answer 58

role in the ‘naming and shaming’ of governments and human rights violators by exposing instances of human rights abuse; helping to bring about change – Has significant influence on public opinion and government action. • The freedom of political communication is protected by the Constitution, but in Australia there is not yet any general right to freedom of speech.

Answer 59

a charter of right can be adopted in order to protect citizens rights; they aim to restrict power of future parliaments to reduce or infringe certain rights.

Answer 60

* Constitutional Bill of Rights | * Statutory Model

Answer 61

* help promote a stronger culture of respect for human rights; * improve government policy-making and administrative decision-making from a human rights perspective; * bring Australia into line with every other liberal democracy; better meet the obligations Australia has undertaken, under international law, to protect human rights standards such as those contained in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (for copies of the core international human rights treaties, see the Office of the United Nations High Commissioner for Human Rights); and potentially allow Australian courts to play a broader role in protecting human rights under Australian law.

Answer 62

* creating an undue focus on rights, as opposed to responsibilities, social justice or the public interest; * giving unelected judges too much power over important social issues; * undermining the responsibility, and accountability, of members of Parliament in respect of the protection of human rights; and * undermining national sovereignty in respect of human rights (by tying Australian law more closely to international human rights standards).

Core: Human Rights Flashcards

(86 cards)