Human Rights Section 1

Question 1

What are Human Rights?

Answer 1

• Fundamental rights to which every human being is entitled to simply because they are human.

Question 2

Outline the characteristics of human rights

Answer 2

Human rights are:

1. Universal: to be enjoyed by all regardless of nationality, gender, race etc.
2. Indivisible: all equally important
3. Inherent: birthright of all humans
4. Inalienable: cannot be given up or taken away

Question 3

List the three types of human rights

Answer 3

1. Civil and political rights
2. Economic, social and cultural rights
3. Collective rights

Question 4

What are civil and political rights?

Answer 4

• First generation rights bc they were recognised first historically
• Civil rights are to do with being a free citizen of a nation.
• Political rights are to do with full participation in government.
• Protect individual from arbitrary exercise of power by the state.
• Set out in articles 3 to 21 of the UDHR 1948 and in the ICCPR 1966.

Question 5

List three civil/political rights

Answer 5

• Right to vote
• Freedom of thought
• Freedom of religion

Question 6

What are economic, social and cultural rights?

Answer 6

• Second generation rights bc they were recognised second historically
• Economic rights are to do w production, development and management of material for necessities of life
• Social rights are to do w living and learning together
• Cultural rights are to do w preserving and enjoying ones cultural heritage
• Set out in articles 23 to 27 of UDHR 1948 and in ICESCR 1966

Question 7

List three economic/social/cultural rights

Answer 7

• Right to education
• Right to join and form trade unions
• Right to participate in cultural life of community

Question 8

List three types of collective rights

Answer 8

1. Environmental rights
2. Peace rights
3. Right to self-determination

Question 9

What are collective rights?

Answer 9

• Third generation rights bc they were recognised third historically
• Do not belong to the individual but instead belong to a group of people
• Status in international law is not yet clear but some have been recognised partially in various international treaties and declarations

Question 10

Define human rights

Answer 10

• Human rights are fundamental things to which every human being is entitled to because they are human beings.
• Human rights are universal, indivisible, inherent and inalienable.
• Human rights are recognised at an international level through the Charter of the United Nations 1945 and the UDHR 1948.
• The three types of human rights are:
  > Civil and political rights
  > Economic, social and cultural rights
  > Collective rights

Question 11

List the three ways human rights have been recognised

Answer 11

• Concepts
• Documents
• Movements

Question 12

Describe how human rights concepts have changed and developed over time

Answer 12

> the idea of state sovereignty.
natural law doctrine: based on idea developed by Ancient Greek Philosophers that there are some ‘natural’ laws which apply to all of humanity and maintain their dignity.

Question 13

Describe how human rights documents have changed and developed over time

Answer 13

1. The Magna Carta 1215
   > Every citizen has right to freedom
   > A person accused of a crime must be brought before the courts
   > Law must treat everyone equally
   > King must compensate if he confiscates property
2. English Common Law
   > Developed principles to protect the rights of individuals such as ‘writ of habeas corpus’ –> can’t be imprisoned without a good reason
3. Declaration of Rights 1689 (UK)
   > Establishes supremacy of parliament over the king
4. American Declaration of Independence 1776 and French Declaration of the Rights of Man and the Citizen
   > People are free and have equal rights

Question 14

What are the 7 movements for human rights?

Answer 14

1. Slavery
2. Trade unionism and labour rights
3. Universal Suffrage
4. Universal Education
5. Self-determination
6. Environmental rights
7. Peace rights

Question 15

Describe the movement to abolish slavery

Answer 15

Domestic Efforts

• Abolitionist movement gained strength and publicity throughout 19th century.
• France abolished slavery in 1794 with the Declaration of Rights of Man and the Citizen 1789.
• United States abolished slavery in 1865 with the 13th amendment to the Constitution of the USA.
• Australia abolished slavery of Kanaks in 1890 but it didn’t end properly until 1904.

International Efforts

• General Act of Brussels 1890 abolished slavery in European Protectorates of Africa
• Slavery Convention 1926
• Supplementary Convention of the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery 1956

Slavery Today

• Recognised in Article 8 of ICCPR and Article 4 of UDHR 1948.
• Despite this, slavery still exists. UN Chronicle estimates there are 20 million slaves today.
• El Salvador: Child Slaves on sugar plantations
• R v Dobie (2009): sex slavery case in Australia

Question 16

Describe the movement for trade unionism and labour rights

Answer 16

• Industrial Revolution led to need for labour rights. Workers worked dangerous jobs for long hours and with low pay.

Domestic Efforts

• Groups of workers banded together to form trade unions.
• Trade Unions that were first formed in England were outlawed by Combination Acts. These were repealed in 1824.
• Trade Unions were outlawed in Australia until the 1890s.

International Efforts

• International Labour Organisation (ILO) was established in 1919 at the WWI Peace Conference.
• The ILO works to improve conditions of workers internationally.

Workers Rights Today

• Protected under UDHR 1948 and ICESCR 1966.
• In developed nations, workers are given rights to minimum wages, form trade unions, and be safe in their work places.
• Despite this, in under developed nations, workers continue to be exploited and work in dangerous conditions.

Question 17

Describe the movement for universal suffrage

Answer 17

Male Suffrage

• Achieved in America in 1825.
• Achieved in France in 1848.
• Achieved in Brittain in 1918.
• Achieved in NSW in 1858.

Female Suffrage

• Fight for female suffrage gained momentum during second half of 19th century.
• Achieved New Zealand in 1893.
• Achieved in Australia in 1902.
• Achieved in USA in 1920.
• Achieved in Britain in 1928.

Racial Minority Suffrage

• Fight for racial minority suffrage did not end until well into 20th century.
• In USA, the Voting Rights Act (1865) permitted African Americans to vote.
• In Australia, the 1967 Referendum enabled Aboriginals to vote.

Suffrage Today

• Right to vote is found in Article 1 of ICCPR 1966 and ICESCR 1966, and Article 21 of UDHR 1948.
• Only 2 countries in the world do not permit women to vote (Saudi Arabia and Vatican City)

Question 18

Describe the movement for universal education

Answer 18

• In 18th century only the aristocracy could access education.
• The importance of universal education was recognised during the 1860s / 1870s bc it was recognised that people needed to be educated to use their right to vote effectively.
• In Britain the Education Act 1870 established free primary schools. By 1880 school was compulsory for children under 12.
• In Australia, the Public Schools Act 1866 (NSW) established primary schools. By 1870, primary school was compulsory for chldren under 12.

Education Today

• Right to education is found in ICESCR 1966 and Article 26 of UDHR 1948
• Education is compulsory for children aged between 6 and 15 throughout most developed nations.
• However, in many developing nations, education is not accessible. It is estimated that 130 million children between 6 and 11 do not have access to primary school.

Question 19

Describe the movement for self determination

Answer 19

• Important right which is contained in Articles 1 and 55 of the Charter of the United Nations 1945.
• Contained in Article 1 of both ICCPR and ICESCR.
• Has 3 important features:
  1) Involves right of colonised people to establish independence
  2) Involves right of people within a nation to form and elect own government
  3) Linked to idea that all sovereign states are equal despite size or power.
• Most controversial aspect is right claimed by indigenous peoples to control their own people. Referred to in Declaration on the right of indigenous peoples 2006

Question 20

Describe the movement for environmental rights

Answer 20

• Encompass right to clean, healthy and sustainable environment.
• Various treaties and declarations have been signed to protect these rights.
• -> Effectiveness of these is limited by state sovereignty as seen with Kyoto Protocol
• Kyoto Protocol 1998 protects environment from greenhouse gas emissions.
• Not all nations agreed to this. Australia did not ratify this protocol until 2007.

Question 21

Describe the movement for peace rights

Answer 21

• Right of people to have governments maintain peace and eliminate war.
• Recognised in Charter of the United Nations 1945.
• Recognised as an international right by the Declaration on the Right of Peoples to Peace 1984 and the Treaty on the Non-Proliferation of Nuclear Weapons 1968.

Question 22

Describe formal statements of Human Rights

Answer 22

1. Charter of the United Nations 1945- establishes UN which acts to promote and protect human rights internationally.
2. The International Bill of Rights- made up of:
   > UDHR 1948: lists rights to which every human is entitled to and is given force by:
   * ICCPR 1966: gives legal force to civil and political rights
   * ICESCR 1966: gives legal force to economic, social and cultural rights
3. Numerous Other Treaties which deal with specific human rights
   E.g. Convention on Rights of the Child 1989
   E.g. Declaration on the Right of Peoples to Peace 1984