HUMAN RIGHTS

Question 1

What are human rights?

Answer 1

In general sense, human rights refer to the basic rights and freedoms that are believed to belong to all human beings. Rights are considered to be universal, inalienable, indivisible and inherent in all people.

Question 2

Define universal, indivisible, inherent and inalienable.

Answer 2

Universal 
- Enjoyed by all regardless of nationality, race, gender or status 
Indivisible
- All human rights are equally important 
Inherent 
- These rights are equally important 
Inalienable 
- They can not be given up or taken away

Question 3

Name 3 declarations that assisting in developing the recognition of human rights.

Answer 3

The Magna Carta 1215

Declaration of Rights 1689

American Declaration of Independence 1776

French Declaration of the Rights of Man and the Citizen 1789

Question 4

Define slavery

Answer 4

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

Question 5

What is trade unionism

Answer 5

The policies and practices of trade unions

Question 6

What are labour rights and provide examples

Answer 6

Labour rights or workers’ rights are both legal and human rights relating to labour relations between workers and employers. These rights are codified in national and international labour employment law.

These rights include:

• Rights to minimum wage
• Working conditions
• Equal pay
• Long service leave
• Paid public holidays
• Maternity leave
• Annual leave
• Occupational health and safety laws
• Workers compensation

Question 7

Define universal suffrage

Answer 7

Universal suffrage gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, political stance, or any other restriction, subject only to relatively minor exceptions.

The concept is only a ‘recent’ development in the world, but where it has been achieved, it is now considered an essential human right.

Question 8

What legislation covers universal education.

Explain

Answer 8

Public Instruction Act 1880 (NSW)

The Public Instruction Act 1880 introduced compulsory free education and severed connections between the church and public schools.

Question 9

Define self determination

Answer 9

Self determination is the process by which a country determines its own statehood and forms its own government.

Question 10

Define environmental rights and what legislation they fall under.

Answer 10

The notion of environmental rights and the enforcement of laws to protect non-human species and ecosystems; responsibilities of individuals, agencies and organisations for pollution and contamination, and duties not to cause environmental harm.

Environmental rights are unlike individual rights, or even collective rights, but are argued to relate to many existing rights. For example, the rights to life, health or property are already contained in human right declarations, treaties and many other international agreements.

LEGISLATION 
- Stockholm Declaration (1972)
- Rio Declaration (1992) 
- Kyoto Protocol (1997)
They deal with environmental problems such as global warming, the spread of epidemics, marine pollution, the depletion of the ozone layer and atmospheric pollution.

Question 11

Define peace rights. What documents affirm these rights?

Answer 11

Peace rights are the fundamental entitlements afforded to all people to live free from conflict, war or any form of oppression.

These are affirmed in documents such as the Universal Declaration of Human Rights (UDHR) and the International Covenant of Civil and Political Rights (ICCPR)

Question 12

What is the purpose of the League of Nations?

Answer 12

The main purpose of the League of Nations was expressed in the first line of the Covenant of the League of Nations:
“To promote international co-operation and to achieve international peace and security.”

Question 13

Universal Declaration of Human Rights (UDHR)

When was it developed?
What does is legislate?

Answer 13

Developed - 1948

It contains rights that are broad and general - thus easier to understand and undertake for development.

Has developed into international customary law - concepts that have been developed over time to the extent that they are accepted by the international community and become law.

Question 14

International Covenant of Civiil and Political Rights (ICCPR)

When was it developed?
What is its purpose?

Answer 14

It was drafted and approved in 1966 but didn’t come into force until 1976 when it was ratified by the requisite number of countries 35.

It creates an obligation on states to respect the civil and political rights of individuals.
Main function - protect people from the actions of oppressive governments ie - allow individuals civil and political freedoms.

As of 2016, 168 states had ratified the ICCPR

Question 15

International Covenant on Economic, Social and Cultural Rights

What is its purpose/what does it contain?

How many countries have ratified it?

Answer 15

It created an obligation on states to work towards granting economic, social and cultural rights to individuals.

The ICESCR includes labour rights, such as the right to just conditions and fair wages at work, and the right to join trade unions. It also creates rights to an adequate standard of living, including the right to adequate food, clothing, housing and health care. Finally, the right to education is guaranteed - it states that primary education should be compulsory and free for all.

Beginning of 2015: had been ratified by 164 - never ratified by the US

Question 16

Define state sovereignty

Answer 16

A sovereign state is a political entity that is represented by one centralised government that has sovereignty over a geographic area.

Question 17

What are the 3 characteristics of a sovereign state under international law?

Answer 17

• Permanent population
• Defined territory
• One government and the capacity to enter into relation with other sovereign states.

Question 18

Assess the role of state sovereignty in promoting and enforcing human rights

Answer 18

In regard to human rights, one of the major problems with state sovereignty is that not all governments equally accept the idea that their own people have certain rights.
In extreme cases, such countries may commit human rights abuses with impunity, with little or no avenue for their citizens to respond. In such cases, state sovereignty may be used as a shield against outside interference.

Question 19

What is the role of the United Nations?

Answer 19

The UN is the avenue through which much of the world’s international development assistance and the majority of international cooperation takes place.

Question 20

Name the 5 ‘organs’ of the UN

Answer 20

UN General Assembly (UNGA)

UN Security Council (UNSC)

Economic and Social Council (ECOSOC)

International Court of Justice (ICJ)

Office of the UN High Commissioner for Human Rights (OHCHR)

Question 21

What is the purpose of the UN General Assembly?

Answer 21

This is the main forum for international discussions, deliberations, declarations and recommendations, many relating to issues of human rights.

Numerous committees, programs and funds are attached to the General Assembly, such as the UN Development Program. The UN’s principal human rights body, the UN Human Rights Council (UNHRC), reports directly to the General Assembly.

Question 22

What is the purpose of the UN Security Council (UNSC)?

Answer 22

This is the organ of the UN charged with preservation of international peace and security.

It exercises power through legally binding resolutions, and can authorise military actions, sanctions or peacekeeping operations.

Question 23

What is the purpose of the Economic and Social Council?

Answer 23

It assists in promoting international economic and social cooperation and development.

It includes various committees and acts as the central forum for discussion of economic, social, environmental and humanitarian issues.

Question 24

What is the purpose of the International Court of Criminal Justice?

Answer 24

The ICJ has jurisdiction, under the UN Charter, to settle international disputes submitted to it by member states and produce advisory opinions on matters of international law submitted to it by international organs and the UN General Assembly.

It’s cases will only rarely relate to issues of human rights.

Question 25

What is the purpose of the Office of the UN High Commissioner for Human Rights (OHCHR)?

Answer 25

Advancing universal ratification and implantation of the UDHR and human rights standards and treaties. Promoting universal enjoyment of human rights and international cooperation, including education, information and technical assistance, taking preventative action and responding to serious human rights violations. Providing support and information for other UN human rights bodies and treaty-monitoring bodies, including the UNHRC and the Human Rights Committee.

Question 26

What is an intergovernmental organisation?

Answer 26

An intergovernmental organisation or international organisation is an organisation composed primarily of sovereign states, or of other intergovernmental organisations. IGO’s are established by a treaty that acts as a character creating the group.

Question 27

What is the purpose of the World Trade Organisation (WTO)

Answer 27

The WTO is the only global international organisation dealing with the rules of trade between nations. The goal is to help producers of goods and services, exporters and importers conduct their business.

Question 28

Courts, tribunals and independent authorities. Name two and their purpose.

Answer 28

INTERNATIONAL COURT OF JUSTICE (ICJ) The ICJ’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorised United Nations organs and specialised agencies. INTERNATIONAL CRIMINAL COURT (ICC) The ICC is not a court for human rights violations specifically, but it does prosecute and hear matters relating to the most serious international crimes, including those that fall under international humanitarian law, such as genocide, crimes against humanity and war crimes, although these acts would also constitute serious human rights abuse.

Question 29

What is a statutory authority?

Answer 29

A statutory authority is a body set up by law which is authorised to enact legislation on behalf of the relevant country or state.

Question 30

Name some examples of non-governmental organisations.

Answer 30

- Voluntary organisations - Citizen associations - Civil society organisations

Question 31

What are NGO’s relation to human rights?

Answer 31

NGO’s engaged in human rights play an indispensable role in informing the global community, governments and the UN of human rights violations and progress. They help ensure greater government compliance by investigating, researching, documenting and publicising cases of human rights violations.

Question 32

What is an NGO that assists in promoting human rights.

Answer 32

INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) Strictly concerned with international humanitarian law - protecting the life and dignity of the victims of international and other armed conflicts; this work overlaps with human rights abuses.

Question 33

What role does the media play in regard to human rights?

Answer 33

The media plays a crucial role in the ‘naming and shaming’ of governments and human rights violators by investigating, reporting and then exposing instances of human rights abuse. They have significant influence on public opinion and government, and can help bring about change.

Question 34

How have human rights been incorporated into Australian domestic law?

Answer 34

In Australia, there is no one document where all human rights can be found - rights that correspond with internationally recognised human rights are drawn from different sources. These sources include international treaties, the Australian Constitution, the common law and statute law of the Commonwealth state and territories.

Question 35

What is the role of the constitution?

Answer 35

The Australian Constitution plays two important roles in protecting human rights for Australians: 1. It lays down the system of Australian government through which human rights are recognised, including the separation of power and division of power. 2. It is the source of some specific human rights.

Question 36

Explain the difference between legislative, executive and judicial power.

Answer 36

The legislature: elected law-makers in parliament. The executive: government, including ministers and agencies. The judiciary: the courts that interpret and apply the law.

Question 37

What is the role of statute law in Australia?

Answer 37

Statute law is made by parliament. The laws made by parliament usually called legislation, which includes acts, regulations and rules. Courts are responsible for interpreting and applying the relevant laws to the cases before them.

Question 38

What is the relation between statute law and human rights? Name some acts enacted by the Australian Parliament to protect human rights.

Answer 38

Statute law is a powerful tool in human rights protection and many laws have been wide-reaching; however, rights laid out in the statute are to fixed - they can be removed by a later act of Parliament. - Racial Discrimination Act 1975 (Cth) - Ant-Discrimination Act 1977 (NSW) - Sex Discrimination Act 1984 (Cth) - Australian Human Rights Commission Act 1986 (Cth) - Disability Discrimination Act 1992 (Cth) - Age Discrimination Act 2004 (Cth) - Marriage Amendment (Definition and Religious Freedoms Act 2017 (Cth)

Question 39

What is the roll of the Australian Human Rights Commission (AHRC)?

Answer 39

- Receive and investigate complaints into discrimination and breaches of human rights. - Promote public awareness about human rights and provide legal advice. - Conduct public enquires 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.

Question 40

What does the AUSTRALIAN HUMAN RIGHTS COMMISSION contribute to human rights?

Answer 40

The commission has had an important influence on Australia’s laws. For example, in 1997 it conducted an inquiry into the separation of Indigenous children from their families (known as the Stolen Generations). The commission’s report, Bringing Them Home, recommended that the Australian Government make an apology to the victims. This recommendation was ignored for over a decade by the Coalition 71 government. However, in February 2008, a landmark apology to the Stolen Generations was made by the newly elected Labor Prime Minister, Kevin Rudd.

Question 41

What is the role of the media in relation to human rights?

Answer 41

The rights of Australian reporters to disseminate information and the right of the public to receive information are not enshrined in law. The freedom of political communication is protected by the Constitution, but in Australia there is not yet any general right to freedom of speech. Nevertheless, Australian reporters, particularly those from the ABC and SBS, play an important role in investigating and reporting on human rights on both a regional and worldwide basis.

Question 42

What are some arguments FOR a Charter of Rights in Australia?

Answer 42

- Australian law affords inadequate protection to fundamental freedoms - it would give recognition to certain universal rights - it would give power of action to Australians who are otherwise powerless - it would bring Australia into line with the rest of the world - it would meet Australia's international obligations - it would enhance Australian democracy by protecting the rights of minorities - it would put rights above politics - it would improve government policy making and administrative decision making - it would serve an important educative function, and - it would promote tolerance and understanding in the community.

Question 43

What are some arguments AGAINST a Charter of Rights in Australia?

Answer 43

- rights are already well protected in Australia - the political system itself is the best protection of rights in Australia - it would be undemocratic to give unelected judges the power to override the judgment of a parliament - it would politicise the Australian judiciary - it would be very expensive given the amount of litigation it would be likely to generate - it would be alien to the Westminster tradition of parliamentary sovereignty - it would actually restrict rights that is, to define a right is to limit it - it would ignore legitimate differences between different regions of Australia rights listed in constitutions or statutes actually make little or no difference to the protection of fundamental freedoms - it would be unnecessary as the High Court is already protecting rights through its interpretation of the Constitution and its development of the common law, and - It would be unable to take account of changing conceptions of rights and would protect some rights (for example, the right to bear arms) that might not be so important to future generations.

Question 44

CONTEMPORARY ISSUE What is Human Trafficking?

Answer 44

Human trafficking is physical movement of people across and within borders through deceptive means, force or coercion.

Question 45

CONTEMPORARY ISSUE What is forced labour? What are the statistics of people still in forced labour

Answer 45

Work performed under the threat of penalty or harm and which the person has not voluntarily submitted to. The International Labour Organisation (ILO) estimate that at least 12.3 million people in the world are subjected to forced labour.

Question 46

CONTEMPORARY ISSUE What is debt bondage?

Answer 46

A situation where a person is forced to repay a loan with labour instead of money, where the proper value of the labour is not applied towards repayment, and/or the type of duration of services is not properly limited.

Question 47

CONTEMPORARY ISSUE What is sexual slavery?

Answer 47

Involves the repeated violation or sexual abuse or forcing of a victim to provide sexual services; it often takes the form of forced prostitution where sexual abuse is also common.

Question 48

CONTEMPORARY ISSUE Legal responses - international Discuss the effectiveness of the Slavery Convention 1926.

Answer 48

In the early 20th century, the worldwide abolition of slavery was largely developed through the Slavery Convention of 1926. This treaty expanded in 1956 by the Supplementary Convention on the Abolition of Slavery, the Slave trade and Practices Similar to Slavery, which clarified and expanded the definition of slavery, including for example, debt bondage, forced marriage and child slavery. Although these treaties provided for the official abolition of slavery worldwide, they were not effective in addressing the issue of illicit slavery and human trafficking as the issue of human trafficking and slavery although illegal and well defined, still existed.

Question 49

CONTEMPORARY ISSUE Non legal responses - international Discuss the effectiveness of: - Global Initiative to Fight Human Trafficking - Anti Slavery International - UNICEF

Answer 49

GLOBAL INITIATIVE TO FIGHT HUMAN TRAFFICKING The United nations has established a Global initiative to Fight Human Trafficking, which aims to: increase awareness about human trafficking, assist NGOs in their anti-trafficking campaigns by encouraging cooperation, reduce the demand for the exploitation of people and the vulnerability of potential victims, and ensure support for victims who have escaped. ANTI SLAVERY INTERNATIONAL An international NGO that aims to draw attention to the continuing problem of slavery worldwide and campaign for action and recognition. UNICEF An International NGO that as for its part, work with Governments to enhance trafficking-prevention measures, improve child victims' and other at-risk children's access to basic psycho-social services, facilitate the reintegration of victims in their communities, and improve the Government's monitoring capacities.

Question 50

CONTEMPORARY ISSUE International laws against slavery: What is the purpose of the ‘Convention to Suppress the Slave Trade and Slavery (1926) (League of Nations)’

Answer 50

This was the first international law that defined slavery and slave trade, and required signatory governments to abolish slavery.

Question 51

CONTEMPORARY ISSUE International laws against slavery: What relation does the UDHR have to slavery?

Answer 51

Article 4 of the Declaration states that: | “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

Question 52

CONTEMPORARY ISSUE Legal responses - domestic

Answer 52

In the absence of complete and accurate statistics, it is difficult to gauge the true extent of human trafficking in Australia. In short, the number of persons that have been trafficked to Australia is not known. There are no complete statistics about cases reported to police, about the number of trafficking and trafficking related investigations, prosecutions of traffickers, and apprehensions of victims of trafficking. The available case law on human trafficking and sexual servitude is also very limited, and this may be reflective of the low levels of trafficking into Australia. On the other hand, it is likely that many cases, especially the very sophisticated ones remain undetected. In some instances there may be insufficient evidence to launch further investigations and prosecutions.

Question 53

CONTEMPORARY ISSUE Non Legal responses - domestic Discuss the Anti-Slavery Project

Answer 53

Australian NGO, the Anti-Slavery Project, are making an indispensable contribution to fighting all forms of modern slavery. The Anti-Slavery Project recommended that Australia reform the current visa regime to protect all victims of trafficking and slavery, as well as adequately resources and implementing a victim support program that effectively meets the needs of survivors of trafficking and slavery.

Question 54

CONTEMPORARY ISSUE Domestic laws as a response to human trafficking.

Answer 54

CRIMINAL CODE AMENDMENT (TRAFFICKING IN THE PERSONS OFFENCES) ACT 2005 (CTH) COMMONWEALTH GOVERNMENT ANTI TRAFFICKING STRATEGY Created in 2004 and is founded on the following central pillars: - Prevention and deterrence - Detection and investigation - Prosecution and compliance THE CRIMINAL CODE AMENDMENT (SLAVERY AND SEXUAL SERVITUDE) ACT 1999 (CTH) The Australian Government’s first attempt to legislate against slavery, following the long history of being governed by the British Imperial anti-slavery Acts.