Human Rights Flashcards
inalienable, universal, indivisible, inherent
Human Rights Definition
ICCPR
ICESR
???
CROC
CEDAW
Outlined in the UDHR, 30 articles
Civil and Political Rights (right to freedom)
Social, Political and Cultural Rights (right to leisure)
Collective rights (ie self determination)
Convention on rights to the child
Convention on elimination of discrimination against women
HUMAN TRAFFICKING LCSIN
Legislation
PPSPT 2003
Slavery Convention
Modern Slavery Act 2018: Modern Slavery Amendment Act 2021
Bill of Rights
Criminal Code (Trafficking) Amendment
Commonwealth Anti Trafficking Strategy
Criminal Code Act 1995 (271.2)
Crimes Act 1914
???
National Action Plan to Combat Modern Slavery 2020-25
Cases
R v Tang brothel sex slavery, 10 years
R v Ho et al human trafficking syndicate
Stats
ILO - 27 million people
Non-Legal Responses
Global Initiative to Fight Human Trafficking
International Labour Organisation
Trafficked (SBS)
Anti Slavery Project (UTS)
Abolished in British Colonies by Slavery Abolition Act
Slavery Convention signed in Geneva
The Abolition of Slavery
Trade Union
International Labour Organisation
Trade Unionism
Declaration of Independence (1776)
Universal Suffrage
Declaration of Independence (1776)
Universal Suffrage
When was suffrage achieved?
Male: 19th
Female: 20th
Racial Minorities
1962: Australian Aborigines
Development of Environmental Rights
African Charter on Human and People’s Rights 1981 > recognised the right to a satisfactory environment
Kyoto Protocol and the Paris Accord. Domestically (eg in Australia) the right is protected by Commonwealth, state and territory legislation. Australia ratified Kyoto Protocol in 1998 but enacted it in 2007.
Sharma V Minister of Environment (2021) > landmark decision where the HC ruled that the environment minister has the duty of care to young people to protect against climate change
Declaration of the Right of People to Peace (1984)
Peace Rights
Incorporation of Human Rights into Domestic Law
Sign-ratify-enforce dualist legal system
Convention on the Elimination of All Forms of Discrimination Against Women:
Sex Discrimination Act 1984 (Cth).
Rome Statute: International Criminal Court Act 2002 (Cth).
Grants external affairs power to Commonwealth (s 51)
Judiciary, executive and legislature
Division
Separation
socially realistic approach to human rights
main protection of human rights in Australia
Racial Discrimination Act 1975
Sex Discrimination Act 1984
AHRC Act 1986
Common
Statute