Flashcards in Human Rights Deck (21):
What is terra nullius?
What is a test case?
A case that establishes new legal rights or principles.
What is standing?
For a person to take a matter to court they must have standing. This means the person must be able to show he/she was personally affected by the action of another person or group and suffered as a result
What are the four characteristics of Human Rights?
Universal- applies to everyone
Inherent - birth right to all humans
Inalienable - cannot be given up or taken away
Indivisible - all equally important
What is the universal declaration of human rights?
Formal statement outlining the importance of human rights
Definition of a refugee
Any person with a fear of being prosecuted for reasons of race, religion, nationality, is outside the country of his/her nationality and is unable to avail the self of the protection of that country
What was the Malaysia agreement?
Commonwealth gov agreed to transfer 800 unprocessed people who had arrived in Aus for 4000 processed refugees I'm Malaysia
What is the Australian law that protects asylum seekers?
The migration act 1958
2 limitations of the ability of the United Nations to protect human rights
Countries may be reluctant to report their own human right violations
Different cultures can interpret human rights differently eg. Some may not recognise the equality of woman
4 ways human rights are protected in Aus
No law prohibits an action
What is 'no law prohibits an action' (how human rights are protected in Aus)
In some cases our rights are not protected by the law but exist because their is no law that interferes with the right.
What is statute law? (Human rights protected by Aus)
Laws made by parliament
What is the constitution? (How rights are protected by Aus)
The constitution States some limited rights and some rights are clearly stated
Why was roach applying to the HC?
Because as a prisoner she was unable to vote at federal elections and she believed this particular ban was unconstitutional
What was the outcome of Vicki Roaches case?
The HC agreed the constitution protected a citizens right to vote but said it was legitimate for parliament to put some restrictions on this. Removing right from prisoners with 3+yr sentence was within constitutional power because it takes into consideration the seriousness of the offence
Could roach vote as a result of her case?
The result meant roach couldn't vote but over 8000 prisoners were given back the right to vote.
What are 2 conflicting views of the Vicki Roach case?
Many people believed the prisoners where serving another sentence and this further isolated them
Many thought who is removed from society shouldn't have a say in society either
What are 4 achievements of Burnie Banton?
1. James hardy set up a compensation fund for those affected by asbestos
2. Helped force establishment of the dust diseases tribunal
3. Medication was more accessible- put on the public benefits scheme
4. Made it possible for Asbestos victims to sue twice
What happened to Leesa Meldrum?
Dr. John Mcbain wanted to allow all woman to access the IVF program but didn't have standing. He brought Leesa to the court case cause she was single woman wanting IVF program but law said only married woman could access it. Mcbain and Meldrum won
What was the ratio decidendi of the Mabo case?
The principle of terra nullius had been incorrectly applied, as Aus had never been empty land and so the British were wrong to use it as the legal basis for their occupation of the land