EA REVISION Flashcards
(40 cards)
Human Rights
the basic rights and freedoms that belong to every person in the world. They apply regardless of where you are from or what you believe. They are universal and inalienable, and range in protection.
Covenants
a binding treaty, coming into force upon ratification by a certain number of states.
Treaties
agreements between states which grant specific rights to individuals who belong in the states. By ratifying a treaty, a country voluntarily accepts legal obligations under international law.
State
an independent, sovereign government exercising control over a certain spatially defined and bounded area.
Sovereignty
the supreme, absolute, and uncontrollable power by which an independent state is governed and from which all specific political powers are derived; the intentional independence of a state, combined with the right and power of regulating its internal affairs without foreign interference.
Signatory treaty
a state that is in political support of the treaty and willing to continue its engagement with the treaty process. This intent is codified as a “signature” submitted to the qualifying international body with oversight of the treaty or the authoritative body defined by the treaty.
Convention
an agreement between different countries that is legally binding to the contracting states.
Multilateral treaty
a treaty to which three or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated restrictions.
Bilateral treaty
a treaty strictly between 2 state entities. It is an agreement made by negotiations between 2 parties, established in writing and signed by representatives of the parties.
Ratification
approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty.
Royal Commission
a royal commission is an investigation, independent of government, into a matter of great importance. They have broad powers to hold public hearings, call witnesses and compel evidence. They also make recommendations to governments about what should change.
The Role of the UN
To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion
The International Covenant on Civil and Political Rights (ICCPR)
It obligates countries to protect and preserve basic human rights. It enables fair trial rights, freedom of thought, religion and expression, privacy, home and family life, equality and non-discrimination. It recognises the inherent dignity of each individual and undertakes to promote conditions within states to allow the enjoyment of civil and political rights.
The International Covenant on Economic, Social and Cultural Rights (ICESCR)
It protects some civil and political rights, these include the basic rights of work, fair and just conditions of work, social security, health, education and standard of living.
Reservations
statements that limit the obligations set out in the treaty. A reservation allows the state to be a party to the treaty, while excluding the legal effect of that specific provision in the treaty to which it objects.
Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)
the human rights scrutiny processes are designed to encourage early and ongoing consideration of human rights issues in policy and legislative development. Under the act all new bills and disallowable legislative instruments must be accompanied by a statement of compatibility. The committee has functions to examine bills for compatibility with human rights, inquire into any matters the attorney-general refers to.
The Magna Carta 1215
Australia’s law is based upon English law which first recognised the limited power of the king over individuals in the Magna Carta which was sealed as a result of a meeting between the Barons and King John. Principles included in Magna Carta are still relevant these include: every citizen has a right to freedom, anyone accused of a crime must be brought before the courts, equality of all before the law, property cannot be confiscated by the king without compensation.
s80 of the Australian Constitution
right to trial by jury
s116 of the Australian Constitution
freedom of religion
Expressed Rights
s51 Property Acquisition, s80Jury Trial, s116 religion
Implied Rights
Free Speech, The right to protest and assembly, the right to democratic representation (vote)
the media
The media is a reflection of society’s views and a commentary on current affairs and events. Media laws cover a variety of privacy, publicity, finance, intellectual property, publishing, advertising ad TV. The media exercises principles pertaining to freedom of speech and expression by endeavouring to report relevant information to the public.
Processes for resolving human rights complaints
Lobbying, lodging a complaint, court/tribunals
groups that advocate for and protect human rights
The media, Human Rights Law Centre, Australian Law Reform Commission, Australian Human Rights Commission, special interest groups, Australian lawyers for human rights, Queensland Council for Civil Liberties
