Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Legal Studies HSC > Human Rights > Flashcards

Human Rights Flashcards

(78 cards)

Start Studying
1
Q

What is the definition of human rights?

A

A right to which every human being is entitled simply for being human.

Includes moral rights, customary rights, legal rights, domestic rights, and international rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the four characteristics of human rights?

A
  • Universal
  • Indivisible
  • Inherent
  • Inalienable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What document recognizes the indivisibility and universality of human rights?

A

The Charter of the United Nations 1945 and the Universal Declaration of Human Rights 1948.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are Civil and Political Rights also known as?

A

First generation rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What do Civil Rights pertain to?

A

Entitlements related to being a free citizen of a nation, such as freedom of thought and freedom of religion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What do Political Rights entail?

A

Entitlements related to full participation in government, such as the right to vote.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Which articles of the Universal Declaration of Human Rights address Civil and Political Rights?

A

Articles 3 to 21.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are Economic, Social and Cultural Rights also referred to as?

A

Second generation rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What do Economic Rights focus on?

A

The production, development, and management of material necessities for life.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What rights are included in Economic, Social and Cultural Rights?

A
  • Social security
  • Work and just conditions of work
  • Equal pay for equal work
  • Join and form trade unions
  • Rest and leisure
  • Education
  • Adequate standard of living
  • Enjoyment of the highest sustainable standard of physical and mental health
  • Participate in the cultural life of the community
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are Environmental Rights, Peace Rights, and the Right to Self-Determination classified as?

A

Third generation rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the concept of Self-Determination?

A

The right of peoples to govern themselves and choose their own form of government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What historical document first established the concept of Self-Determination?

A

The 1776 US Declaration of Independence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the role of the International Labour Organisation (ILO)?

A

To discuss and implement social reforms related to labor rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does Universal Suffrage refer to?

A

The right of all adults to vote in government elections.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the significance of the Universal Declaration of Human Rights 1948?

A

It lists the human rights to which every person is entitled and serves as a cornerstone for international human rights law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the main purpose of the United Nations?

A

To promote international cooperation and maintain peace and security.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the main bodies of the United Nations?

A
  • General Assembly (UNGA)
  • Security Council (UNSC)
  • Economic and Social Council (ECOSOC)
  • Secretariat
  • International Court of Justice (ICJ)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the principle judicial organ of the UN?

A

International Court of Justice (ICJ).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What does the term ‘state sovereignty’ refer to?

A

The ultimate law-making power of a state over its territory and population.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

True or False: State sovereignty can be used to justify the violation of human rights.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the Universal Declaration of the Rights of Indigenous Peoples?

A

A non-binding declaration addressing the self-determination rights of indigenous peoples.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the right to a clean, healthy, and sustainable environment classified as?

A

Environmental rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the significance of the Declaration of the Rights of Peoples to Peace 1984?

A

It aims to promote the right to peace as a fundamental obligation of states.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What does Article 4 of the Universal Declaration of Human Rights address?
The right to freedom from slavery.
26
Fill in the blank: The right to free and compulsory education for all children is enshrined in Articles _______ of the ICESCR.
[13 and 14]
27
What are the key historical documents that have recognized human rights?
* Magna Carta 1215 * Declaration of Rights 1689 * American Declaration of Independence 1776 * French Declaration of the Rights of Man and the Citizen 1789
28
What is the main focus of the International Covenant on Civil and Political Rights 1966?
To create binding obligations on states to respect civil and political rights.
29
What is the role of the UN Human Rights Council?
To address human rights violations worldwide and make recommendations.
30
What is the role of the Security Council (UNSC)?
Maintenance of international peace and security. Exercises power through legally binding resolutions, can authorise military action, sanctions, or peacekeeping operations.
31
What is the Economic and Social Council (ECOSOC)?
A body with 54 rotating members meeting annually to assist in promoting international economic and social cooperation and development.
32
Who heads the UN Secretariat?
The UN Secretary-General.
33
What is the International Court of Justice (ICJ)?
The principal judicial organ of the UN, has jurisdiction to hear disputes submitted by member states and issue advisory opinions.
34
What are the membership requirements for the European Union (EU)?
States must be democracies that uphold the rule of law, respect and uphold universal human rights, and adhere to the UN Charter on the use of force.
35
What is required for states to be part of NATO?
States must be democracies that uphold the rule of law, respect and uphold universal human rights, and adhere to the UN Charter on the use of force.
36
What principles must members of the Commonwealth of Nations abide by?
Democracy and respect for human rights.
37
What happens if a Commonwealth member does not comply with principles?
They can be expelled from the Commonwealth.
38
What is the ASEAN Intergovernmental Commission on Human Rights?
Established in 2009, aims to promote and protect human rights, but lacks formal enforcement powers.
39
What is the main function of the International Criminal Court (ICC)?
To hear cases relating to the most serious international crimes and gross human rights abuses.
40
What is the role of Ad Hoc UN Tribunals?
Set up by the UNSC to prosecute individuals for crimes against humanity.
41
What powers does the European Court of Human Rights (ECHR) have?
Jurisdiction over human rights issues in the EU, individuals can bring cases.
42
What does the Human Rights Committee do?
Assesses member states' compliance with the ICCPR and can hear petitions raised by states about each other's compliance.
43
Fill in the blank: The First Optional Protocol to the ICCPR gives the Committee jurisdiction to hear personal complaints brought by individuals of member states about _______.
human rights violations in their own country.
44
What is the Universal Periodic Review?
A review of all member states by the Human Rights Council.
45
What is the purpose of the Committee on Economic, Social and Cultural Rights (CESCR)?
To consider reports, individual complaints, and communications related to economic, social, and cultural rights.
46
What is the role of Non-Governmental Organisations (NGOs) in human rights?
Independent organizations that can pressure governments through 'naming and shaming' for human rights violations.
47
What is the function of Amnesty International?
To conduct research and generate action to prevent and end grave abuses of human rights.
48
True or False: The media plays a role in exposing human rights abuses.
True.
49
What are some limits to the effectiveness of international law in protecting human rights?
* Not all countries are party to human rights treaties. * Lack of adequate enforcement mechanisms. * Enforcement relies on consensus. * Reliance on state reporting. * Lack of Security Council action.
50
What is required for a treaty to become legally binding in Australia?
The treaty must be ratified.
51
What are expressed rights in the Australian Constitution?
* Freedom of religion (s. 116) * Right against discrimination based on out-of-State residence (s. 117) * Trial by jury in indictable offences (s. 80) * Right to just compensation (s. 51 (xxxi))
52
What does the separation of powers prevent?
One person or group from gaining total power.
53
What is the High Court of Australia's role?
Can set binding precedents on other courts and overturn state or Commonwealth legislation.
54
What is the purpose of the Australian Human Rights Commission?
To investigate and conciliate complaints about human rights abuses.
55
What is the role of the media in human rights?
To expose human rights violations and influence public opinion.
56
What is a Charter of Rights?
A legal document that sets out the basic rights to which every human should be entitled.
57
What are the arguments for a Charter of Rights in Australia?
* Common law has not adequately protected human rights. * A Charter would protect minority groups.
58
What are the arguments against a Charter of Rights in Australia?
* Human rights are already protected through international agreements. * A Charter may not provide adequate protection as it could be changed by the government.
59
What did the Human Rights Consultation Committee suggest for Australia?
Pass a legislative charter reflective of community values ## Footnote However, it lacks the protection of an Entrenched Charter, which can be altered by the ruling political party.
60
What is one argument for a Charter of Rights?
It would protect minority groups who are not adequately protected ## Footnote Example: Aboriginals.
61
What is one argument against a Charter of Rights?
It can only protect people within the limits of the rights it lists.
62
Why is the common law considered inadequate for protecting human rights?
It has not adequately protected human rights as seen in McInnes vs The Queen.
63
What is a disadvantage of an entrenched Charter of Rights?
It is difficult to change and may become irrelevant over time.
64
What role has Australia played internationally regarding human rights?
Active in drafting UDHR, ICCPR, ICESCR and other international documents.
65
What criticism has been made regarding the Australian Human Rights Commission (AHRC)?
It does not have adequate power to protect rights as it is not legally binding.
66
What is a concern regarding government actions and human rights in Australia?
Unwillingness to adopt laws and practices to address human rights issues.
67
What example illustrates the infringement of human rights in Australia?
Anti-terrorism laws such as the Anti-Terrorism Act 2005 breaching human rights in the ICCPR.
68
What is a benefit of having a Charter of Rights?
It would protect people from government interference in basic human rights.
69
What is one disadvantage of a legislative Charter of Rights?
It can be easily changed according to political policies of a party.
70
What has been the trend regarding the treatment and quality of life for Aboriginal people in Australia?
It continues to improve and previous discriminatory legislation has been ceased.
71
What contemporary human rights issue can be investigated?
Human trafficking.
72
What legal response has been made against human trafficking?
United Nations Protocol against Trafficking in Persons 2003.
73
What was the outcome of the United Nations Protocol against Trafficking in Persons 2003?
More than a doubling of abiding states from 54 to 125 out of 155 covered.
74
What is one of the benefits of legal responses to human trafficking?
Increased international cooperation and commitment.
75
What is a detriment of legal responses to human trafficking?
Implementation can be inconsistent among countries.
76
What non-legal response can be taken to combat human trafficking?
Awareness campaigns and education.
77
What is a benefit of non-legal responses to human trafficking?
Empowers communities and individuals to recognize and report trafficking.
78
What is a detriment of non-legal responses to human trafficking?
May lack the enforcement power of legal frameworks.

Legal Studies HSC (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions