Flashcards in Module 5 – Human Rights Law Deck (16)
Describe the collective instruments critical to the development of international human rights law.
The Universal Declaration of Human Rights (UDHR) of 1948, the International Covenant on Civil and Political Rights of 1966 (ICCPR) and the International Covenant on Economic, Social and Cultural Rights of 1966 (ICESCR), known collectively as the International Bill of Human Rights.
Describe 'first generation' human rights and its instrumental body.
civil and political rights, overseen by the ICCPR (International Covenant on Civil and Political Rights) of 1966.
Describe 'second generation' human rights and its instrumental body.
economic, social and cultural rights, overseen by the ICESCR (International Convenant on Economic, Social and Cultural Rights) of 1996.
Describe Article 1(3) of the UN Charter.
(Article 1(3)) purpose of UN to promise respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion.
Describe the first optional protocol of the ICCPR.
(First Optional Protocol) right of individual to complain to the UNHRC.
Describe the second optional protocol of the ICCPR.
(Second Optional Protocol) abolition of the death penalty.
Describe the optional protocol of the ICESCR.
(optional protocol) right of individual to complain to the CESCR. Only adopted by handful of States.
What are 'civil rights'?
(Civil rights) deal primarily with rights and liberties enforceable by all individuals.
What are 'political rights'?
(Political rights) deal primarily with enforceable rights relating to citizenship.
Why are human rights a unique aspect of international law?
Generally, international law only governs the relationship between States. Human rights are unique in that it affords rights to individuals.
When are international dispute resolution dispute principles available to the individual?
Only once all domestic remedies have been exhausted.
Describe the function of the UK 'bill of rights' and the position in Australia.
In the UK the bill of rights requires the interpretation of legislation to be consistent with the rights. It has not been adopted across Australia with the exception of the ACT and Victoria. In 2007 the federal government commissioned a committee, but in 2010 instead adopted a 'human rights framework' reflected in a number of anti-discrimination Acts.
Describe the significance of A v Australia.
(1997) a Cambodian citizen detained in Port Hedland argued detained arbitrarily under UDHR Article 9. HRC found rights under Article 9 were violated.
Describe the significance of Winata v Australia.
(2001) couple overstayed visas and had a child, parents refused citizenship. Argued forcing them to leave would violate rights under ICCPR, Article 17. HRC upheld argument.
Describe the significance of Toonen v Australia.
(1992) gay man's complaint over Tasmanian anti-sodomy laws, argued right to privacy under Article 17 of ICCPR violated and gay men were unequal before law (breach of Article 26). HRC upheld argument.