Human Rights and Justice

Question 1

What was the UN’s founding mission in 1945?

Answer 1

To prevent the scourge of war and advance human rights and dignity

Question 2

How many blue helmets assist countries in conflict resolution?

Answer 2

More than 90,000

Question 3

What is the role of UN agencies in humanitarian assistance?

Answer 3

Provide emergency relief for over 100 million people in need

Question 4

What are the two main strands of legal theory regarding human rights?

Answer 4

• Natural law
• Legal positivism

Question 5

What does natural law theory assert about human rights?

Answer 5

People have human rights because of their human nature as rational actors

Question 6

According to legal positivism, when do human rights exist?

Answer 6

Only to the extent they are included in a State’s domestic laws

Question 7

What do human rights laws in some states allow?

Answer 7

Prescribed challenges to certain government actions

Question 8

What is the legal effect of treaty accession?

Answer 8

It has the same legal effect as ratification

Question 9

What is ratification in the context of treaties?

Answer 9

The international act whereby a state indicates its consent to be bound to a treaty

Question 10

What does the signature of a treaty subject to ratification indicate?

Answer 10

It expresses willingness to continue the treaty-making process but does not establish consent to be bound

Question 11

What is the Universal Declaration of Human Rights (UDHR)?

Answer 11

Adopted as a resolution of the UN General Assembly, not a binding rule of international law

Question 12

What are the two covenants that followed the UDHR?

Answer 12

• International Covenant on Civil and Political Rights 1966
• International Covenant on Economic, Social and Cultural Rights 1966

Question 13

Who was the president of the UN General Assembly when the UDHR was adopted?

Answer 13

HV (‘Doc’) Evatt

Question 14

What is a key distinction between a treaty and a declaration?

Answer 14

A treaty is legally binding, while a declaration is not

Question 15

What does the modern slavery act 2018 address?

Answer 15

Concerns of modern slavery in Australia

Question 16

What is the role of independent experts in the state reporting process?

Answer 16

Review state reports and provide concluding observations

Question 17

What is required for individuals to make complaints to expert committees?

Answer 17

They must demonstrate they exhausted domestic remedies

Question 18

What is the purpose of general comments issued by expert committees?

Answer 18

To consolidate interpretations of particular rights in a treaty

Question 19

What is the Office of the High Commissioner of Human Rights responsible for?

Answer 19

Overseeing the UN’s human rights activities

Question 20

What is the main function of the Human Rights Council?

Answer 20

Conducting the universal periodic review of UN member states’ human rights commitments

Question 21

What principle is highlighted in the Declaration of Independence 1776?

Answer 21

All men are created equal and endowed with certain unalienable Rights

Question 22

What does the Declaration of the Rights of Man and of the Citizen 1789 emphasize?

Answer 22

Men are born free and equal in rights

Question 23

What was a major political force in 19th century Europe affecting human rights?

Answer 23

Nationalism

Question 24

What is the significance of the Vienna Conference on Human Rights in 1993?

Answer 24

Introduced the idea of ‘indivisibility and interdependence’ of human rights

Question 25

What concept was established at the Nuremberg Tribunal?

Answer 25

Crimes against humanity

Question 26

What does the term 'impunity' refer to in the context of human rights?

Answer 26

Exemption from punishment for gross violations of human rights

Question 27

What concept was introduced at the Vienna Conference on Human Rights in 1993?

Answer 27

Indivisibility and interdependence of human rights ## Footnote This concept aimed to repair the division between different categories of rights.

Question 28

What is the purpose of international criminal tribunals established by the UN?

Answer 28

To end impunity for gross violations of human rights ## Footnote This culminated with the establishment of the International Criminal Court.

Question 29

What event in 1999 marked the beginning of international activism concerning globalization and human rights?

Answer 29

World Trade Organisation meeting ## Footnote This led to the emergence of human rights obligations for businesses.

Question 30

What is cultural relativism?

Answer 30

The view that ethical and social standards reflect the cultural context from which they are derived.

Question 31

What do cultural relativists argue regarding human rights?

Answer 31

Human rights should take account of cultural differences.

Question 32

Do cultural relativist claims absolve states from human rights obligations?

Answer 32

No, they do not absolve states from their human rights obligations.

Question 33

What did Special Rapporteur Karima Bennoune emphasize regarding cultural relativism?

Answer 33

It uses culture to take away rights rather than amplify them.

Question 34

What are the three stages of rights in T.H. Marshall's theory of citizenship?

Answer 34

* Civil rights * Political rights * Social rights

Question 35

What does Marshall argue is necessary for the fulfillment of social rights?

Answer 35

Universal welfare based on rights.

Question 36

What is a significant concern regarding Legal Aid in Australia?

Answer 36

It has been progressively narrowed to cover only a small portion of the population.

Question 37

What is the relationship between citizenship and human rights?

Answer 37

Citizenship is linked to the nation-state, potentially excluding non-citizens.

Question 38

What is a new challenge to the universality of human rights?

Answer 38

Selective application of human rights.

Question 39

How does selective protection of human rights differ from Cold War divisions?

Answer 39

It does not strictly separate civil & political rights from economic & social rights.

Question 40

What are the proposed religious discrimination laws in Australia concerned with?

Answer 40

They may allow refusal of services on religious grounds, potentially impacting LGBTQI+ individuals.

Question 41

What did the Commission on Unalienable Rights aim to inform?

Answer 41

US policy on applying human rights, particularly in foreign policy.

Question 42

What distinction does the Commission's Final Report make regarding rights?

Answer 42

* Unalienable rights (inseparable from humanity) * Ad hoc rights (granted by governments)

Question 43

Which rights are identified as core human rights by the Commission?

Answer 43

* Property rights * Freedom of religion

Question 44

How does the Commission view reproductive rights and LGBTQI+ protections?

Answer 44

They are dismissed as divisive social and political controversies.

Question 45

What is a significant limitation of empathy in relation to human rights abuses?

Answer 45

Distance limits our sympathy/empathy towards victims of human rights abuses.

Question 46

What issue has arisen in Australia's treatment of asylum seekers?

Answer 46

It has been found contrary to UN human rights treaties.